HomeMy WebLinkAbout055 - 03/19/2019 - AUTHORIZING THE CONVEYANCE OF AN EASEMENT TO LARIMER COUNTY FOR GROUNDWATER MONITORING WELLS ON CATHORDINANCE NO. 055, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS,
AUTHORIZING THE CONVEYANCE OF AN EASEMENT TO
LARIMER COUNTY FOR GROUNDWATER MONITORING WELLS
ON CATHY FROMME PRAIRIE NATURAL AREA
WHEREAS;the City is the owner or joint owner with Larimer County (the "County") of
multiple parcels of land adjacent to Taft Hill Road south of Harmony Road know as Cathy Fromme
Prairie Natural Area and managed by the City (the "City Property");and
WHEREAS, the City is also the joint owner with the County and the City of Loveland
Loveland"), of land adjacent to the City Property used as the Larimer County Landfill and
managed by the County;and
WHEREAS, the County has requested an easement on the City Property, to the extent of
the City's interest in each affected parcel, to install groundwater monitoring wells (the
Easement"); and
WHEREAS, the proposed wells would be used to monitor a plume of 1,4-dioxane
contamination that the County has detected moving downgrade from the landfill property; and
WHEREAS, as the owners of the landfill property, the City, County and Loveland are
Working With the Colorado Department of Public Health and Environment to address the
contamination; and
WHEREAS, the Easement would cover three locations on the City Property totaling
approximately 160 acres in area, as shown on Exhibit "A",-attached and incorporated herein by
reference (the "Easement Area"); and
WHEREAS, the ownership of each parcel that would be burdened by the Easement is
shown on Exhibit "B attached and incorporated herein by reference; and
WHEREAS,the County will provide the City a surveyed legal description for the Easement
Area before an Easement deed is executed by the City;and
WHEREAS,.the County will pay the City $1500 in administrative fees for processing its
application for the Easement, but City staff is recommending that the City not charge the County
for the value of the Easement because the City is a joint owner of the benefitted landfill property
and the monitoring wells will benefit the City as well as the County; and
WHEREAS,Section 23-111(a)of the City Code authorizes the City Council to sell,convey
or otherwise dispose of any interests in real property owned by the City,provided the City Council
first finds,by ordinance, that such sale or other disposition is in the best interests of the City, and
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WHEREAS, under Section 23-114 of the City Code, any sale or lease of City property
interests must be for an amount equal to or greater than the fair market value of such interests
unless the City Council determines that such sale or lease serves a bona fide public purpose based
on the five factors listed in Section 23-114; and
WHEREAS, conveying the Easement to the County for less than fair market value serves
a bona fide public purpose because:
1) The use to which the Easement will be put promotes the health and safety of the
citizens of Fort Collins by monitoring groundwater for contamination so that it can
be controlled and remediated;
2) The use to which the Easement will be put supports the City Council's commitment
to environmental health as outlined in the Strategic Plan;
3) The financial support provided by the City through the below-market conveyance
of the Easement will be leveraged with other funding and assistance from the
County;
4) The grant of the Easement will not result in any direct financial benefit to any
private person or entity, except as an incidental consequence that is not substantial
relative to the public purpose being served;
5) Conveying the Easement to the County at less than fair market value will not
interfere with current City projects or work programs, hinder workload•schedules
or divert resources needed for primary City functions or responsibilities; and
WHEREAS, at its regular meeting on January 9, 2019, the Land Conservation and
Stewardship Board voted to recommend City Council approve the conveyance of the Easement.
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 the conveyance of the Easement to
the County as provided herein is in the best interests of the City and serves a bona fide public
purpose.
Section 3. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Easement to the County 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, but not limited to, any necessary changes
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to the legal description of the Easement, as long as such changes do not materially increase the
size or change the character of the interests to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 19th day of
March, A.D. 2019, and to be presented for final passage on the 16th day of April, A.D. 2019..
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ATTEST:
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City Cle o
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Passed and adopted on final reading on the 16th day of April, A.D. 2019.
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Mayor
ATTEST:
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City Wk SEAL N
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EXHIBIT A
Easement areas :
The following areas will be affected by the easement within the Cathy Fromme Prairie Natural Area . This
description and accompanying map will be replaced with the surveyed legal description before the City
signs the actual easement deed .
A. Approximately 28 acres located in the Southeast '/4 of Section 4 , Township 6 North , Range 69
West.
B . Approximately 99 acres in the South '/2 of Section 3 , Township 6 North , Range 69 West
C . Approximately 33 acres located in the Northwest '/4 of Section 10 , Township 6 North , Range
69 West.
yt
FA. arox. acres
B. approx 99 acres
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1
5 1 'JO if
Landfill Area
Folmet loot FarmrT
Pm oKAI
b C. a x. 33 acres
0
0
4
i l
11 : 13 , 719 e
EXHIBIT
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1
CFC
100% )
HE T CT
2 3
CFC ( 100% ) CFC ( 100 % )
I
REE
4
CFC ( 88 . 46% )
LC ( 11 . 54% )
5
CFC ( 25% )
LC ( 75% )
6 7
CFC ( 25% ) CFC (25% )
LC ( 75% ) LC ( 75% )
0
Q.
0
PARCEL NUMBERS : OWNERSHIP :
1 ) 9604406904 & S/ D Parcels 2 ) 9603000905 CFC = City of Fort Collins N
3 ) 9603400903 4 ) 9610000927 LC = Larimer County
5 ) 9610000931 6 ) 9610000904
7 ) 9610000928