HomeMy WebLinkAbout006 - 01/18/2022 - AUTHORIZING CONVEYANCE OF AN EASEMENT ON CITY RIGHT-OF-WAY TO HARTSHORN WATERWORKS, LLC TO RELOCATEORDINANCE NO. 006, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING CONVEYANCE OF AN EASEMENT ON CITY RIGHT-OF-WAY TO
HARTSHORN WATERWORKS, LLC TO RELOCATE IRRIGATION LINES OFF
TRAVERSE PARK
WHEREAS, the City is the owner of a parcel of land in northeast Fort Collins called
Traverse Park (the "Property"); and
WHEREAS, the City purchased the majority of the Property in 2005 from the developer
of the Trail Head subdivision and allowed the developer to install irrigation lines and irrigate grass
on the Property while the subdivision was being developed, so that the Property could serve as a
neighborhood amenity until the park could be developed; and
WHEREAS, the City purchased the remaining portion of the Property in 2016 with some
irrigation lines already installed on it as well; and
WHEREAS, some of these irrigation lines, owned by Hartshorn Waterworks, LLC
("Hartshorn"), also provide non -potable irrigation water to the surrounding neighborhood; and
WHEREAS, recently, during the planning and design phase for development of Traverse
Park, City staff realized that the irrigation lines were not all within designated easements, and that
their location would interfere with development and future maintenance of the park; and
WHEREAS, City staff is recommending that Hartshorn's irrigation lines be abandoned in -
place on the Property and that new irrigation lines be installed in a tree lawn area that is part of the
City -owned road right-of-way for Roaring Creek Drive so that Hartshorn can continue to provide
irrigation water to the surrounding neighborhood using the new lines; and
WHEREAS, to accomplish this, because the irrigation lines are privately owned, the City
would have to grant Hartshorn an easement to place the lines on public property; and
WHEREAS the proposed easement is more particularly described on Exhibit "A", attached
and incorporated herein by this reference (the "Easement"); and
WHEREAS, as part of a larger proposed settlement with Hartshorn regarding termination
by the City of a water services agreement with Hartshorn (the "Water Agreement"), as set forth in
an agreement dated November 16, 2021 (the "Settlement Agreement"), Hartshorn would abandon
its rights to the irrigation lines currently located on the Property once the Easement is in place and
the new irrigation lines installed; and
WHEREAS, under the Settlement Agreement the City would install the new irrigation lines
in the Easement at a cost of approximately $21,000; and
WHEREAS, under Colorado law, if a public road right-of-way is vacated, ownership of
the land vests in the adjacent property owners; and
WHEREAS, while it is very unlikely the City would ever vacate the public rights -of -way
in the Trail Head neighborhood, the City intends to protect Hartshorn's rights in the proposed
Easement within the right-of-way by seeking agreements from the owners of four properties
adjacent to the Easement that if the right-of-way is ever vacated, they would take title to the land
subject to Hartshorn's rights in the Easement; and
WHEREAS, the City would not convey the Easement until an agreement from each of the
adjacent property owners has been secured; and
WHEREAS, City staff is recommending that the City not charge Hartshorn for the
Easement because: (1) the Easement, totaling approximately 1,535 square feet, is smaller in area
than the current area on the Property encumbered by the irrigation lines that Hartshorn will
abandon (approximately 6,756 square feet), providing a net benefit to the City; and (2) conveyance
of the Easement described herein, subject to City Council approval, is part of the Settlement
Agreement that provides various benefits to the City including savings of approximately $30,000
from termination of the Water Agreement; and
WHEREAS, City staff has determined that the value to the City of this solution exceeds
the value of the Easement, and the Council agrees with this conclusion; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City council to sell, convey
or otherwise dispose of any and all interests in real property owned in the name of the City,
provided that the City Council first finds, by ordinance, that such sale or other disposition is in the
best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds that conveyance of the Easement as
described herein is in the best interests of the City.
Section 3. That, following the City's receipt of executed agreements from the owner
of each property adjacent to the location of the proposed Easement, the Mayor is authorized to
execute such documents as are necessary to convey the Easement to Hartshorn on terms and
conditions consistent with this Ordinance, together with such additional terms and conditions as
the City Manager, in consultation with the City Attorney, determines are necessary or appropriate
to protect the interests of the City or effectuate the purposes of this Ordinance, including and
necessary changes to the legal description of the Easement, as long as such changes do not
materially increase the size or change the purpose of the interests to be conveyed.
-2-
Introduced, considered favorably on first reading, and ordered published this 4th day of
January, A.D. 2022 and to be presented for final passage on the 18th day'ojJanuary, A.D. 2022.
ATTEST: EOL
Interim City Clerk
Passed and adopted on final reading on this 18th day of January, A
ATTEST:
r
City Clerk
SEAL
EXHIBIT A
DESCRIPTION OF AN IRRIGATION EASEMENT TO BE CONVEYED TO
HARTSHORN WATERWORKS, LLC
TWO PARCELS OF LAND TO BE CONVEYED AS AN IRRIGATION EASEMENT,
LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 7 NORTH,
RANGE 68 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO; BEING LOCATED WITHIN THE RIGHT OF WAY
FOR ROARING CREEK DRIVE AS SHOWN AND DEDICATED ON THE PLAT OF
TRAIL HEAD SUBDIVISION RECORDED DECEMBER 28, 2004 AT RECEPTION NO.
200400123495 IN THE OFFICE OF THE LARIMER COUNTY CLERK AND
RECORDER; AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE SOUTH LINE OF LOTS 10, 11, 12 AND 1 OF SAID BLOCK 10
TO BEAR N84050'09"W, SAID LINE BEING MONUMENTED ON BOTH ENDS BY A
1-1/2" ALUMINUM CAP STAMPED LS 28285, BASED UPON GPS OBSERVATIONS
AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS
CONTAINED HEREIN RELATIVE THERETO;
PARCEL A:
COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 10, BLOCK 10 OF
SAID TRAIL HEAD SUBDIVISION;
THENCE N89015'00"W, A DISTANCE OF 129.93 FEET TO THE POINT OF
BEGINNING, SAID POINT BEING THE POINT OF INTERSECTION OF THE NORTH
TOP BACK OF CURB OF ROARING CREEK DRIVE AND THE WESTERLY EDGE
OF AN EXISTING CONCRETE DRIVEWAY;
THENCE ALONG SAID TOP BACK OF CURB, N84°50'09"W, A DISTANCE OF
101.55 FEET TO THE EASTERLY EDGE OF AN EXISTING CONCRETE
PEDESTRIAN CROSSING RAMP;
THENCE ALONG SAID EASTERLY EDGE, N09010'01 "E, A DISTANCE OF 6.01
FEET TO A POINT ON THE SOUTHERLY EDGE OF AN EXISTING CONCRETE
SIDEWALK;
THENCE ALONG SAID SOUTHERLY EDGE, S84050'09"E, A DISTANCE OF 101.36
FEET TO SAID WESTERLY EDGE OF THE EXISTING CONCRETE DRIVEWAY;
THENCE ALONG SAID WESTERLY EDGE, S07022'53"W, A DISTANCE OF 6.00
FEET TO THE POINT OF BEGINNING.
PARCEL B:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT 10, BLOCK
10;
THENCE N89002'37"E, A DISTANCE OF 13.55 FEET TO THE POINT OF
BEGINNING, SAID POINT BEING ON THE SOUTHEASTERLY EDGE OF AN
EXISTING CONCRETE SIDEWALK;
THENCE ALONG SAID SOUTHEASTERLY EDGE, 7.90 FEET ALONG THE ARC OF
A NON -TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 37.00 FEET, A
CENTRAL ANGLE OF 12013'37", AND A CHORD WHICH BEARS N41 °02'53"E A
DISTANCE OF 7.88 FEET;
EXHIBIT A
THENCE CONTINUING ALONG SAID SOUTHEASTERLY EDGE, N34056'05"E, A
DISTANCE OF 172.57 FEET TO THE SOUTHWESTERLY EDGE OF AN EXISTING
CONCRETE PEDESTRIAN CROSSING RAMP;
THENCE ALONG SAID SOUTHWESTERLY EDGE, S53°59'50"E, A DISTANCE OF
5.50 FEET TO THE NORTHWESTERLY TOP BACK OF CURB OF ROARING CREEK
DRIVE;
THENCE ALONG SAID TOP BACK OF CURB, S34056'05"W, A DISTANCE OF
172.46 FEET;
THENCE CONTINUING ALONG SAID TOP BACK OF CURB, 9.07 FEET ALONG
THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 42.50 FEET, A
CENTRAL ANGLE OF 12013'37", AND A CHORD WHICH BEARS S41 °02'53"W A
DISTANCE OF 9.05 FEET;
THENCE N42050'18"W, A DISTANCE OF 5.50 FEET TO THE POINT OF
BEGINNING.
THE TWO PARCELS CONTAIN A TOTAL OF 1,604 SQUARE FEET (0.023 ACRES),
MORE OR LESS, AND ARE SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY
OF RECORD OR THAT NOW EXIST ON THE GROUND.
I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND
IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE,
BELIEF, AND OPINION.
0 31169 sv rr
JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169
FOR AND ON BEHALF OF THE CITY OF FORT COLLINS
P.O. BOX 580, FORT COLLINS, CO 80522
Survey\Projects\Park & Recreation\Trail Head Park\Legals\Hartshorn Irrig Esmt.doc
EXHIBIT A
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