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HomeMy WebLinkAbout024 - 03/05/2019 - APPROVING A NON-EXCLUSIVE UTILITY EASEMENT AGREEMENT FOR CITY STORM SEWER LINES ON COLORADO STATE UN ORDINANCE NO. 024, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A NON-EXCLUSIVE UTILITY EASEMENT AGREEMENT FOR CITY STORM SEWER LINES ON COLORADO STATE UNIVERSITY PROPERTY, INCLUDING VACATION OF EASEMENTS GRANTED IN 1966 RIGHT-OF-WAY AGREEMENT WHEREAS, the Board of Governors of the Colorado State University System, acting by and through Colorado State University ("Colorado State") as grantor and the City of Fort Collins, Colorado("City");as grantee entered into a Right of Way Agreement dated May 27, 19.66("ROW Agreement") whereby Colorado State granted to the City a right of way for the construction, maintenance, servicing and operation of underground storm sewer lines upon certain properties of Colorado State University; and WHEREAS, a portion of the storm sewer lines installed under the ROW Agreement are on real property now owned by the Colorado State University Research Foundation("CSURF"); and WHEREAS, the parties have reviewed the currently existing City storm sewer lines installed on the properties of Colorado State University under the ROW Agreement and have agreed to restate the legal description to depict the specific areas in which such lines are located and currently exist as of the date surveyed on March 2, 2018; and WHEREAS, the parties have further agreed to replace and restate the ROW Agreement in its entirety,including vacation and termination of the prior grant of easement rights for storm sewer lines set forth in the ROW Agreement and the grant of easement rights for the existing City storm sewer lines on the terms and conditions set forth in the Non-Exclusive Utility Easement Agreement attached hereto as Exhibit A and incorporated herein by this reference(the"New Utility Easement Agreement"); and WHEREAS, the vacation of the easements for stormwater purposes granted in the ROW Agreement by approval of the New Utility Easement Agreement requires Council action by Ordinance pursuant to Section 23=115 of the Fort Collins City Code; and WHEREAS, staff has advised Council that easements granted in the ROW Agreement for City storm sewer Iines are no longer needed for public right-of-way purposes and it is in the public's interest to vacate the same upon the grant of the easements for City storm sewer lines set forth in the New Utility Easement Agreement; and WHEREAS, staff has advised Council that the City Engineer has routed the vacation request to,and solicited comments from potentially affected utility agencies,City staff,emergency service providers and affected property owners in the vicinity of the right of way and easements to be vacated if any, and recommended vacation of the easements for City storm.sewer lines granted in the ROW Agreement to the City's Director of Planning,. Development and Transportation,who has in turn recommended to Council vacation of the easements for City storm sewer fines granted in the ROW Agreement upon the grant of the easements for City storm sewer lines set forth in the New Utility Easement Agreement. -1- NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby vacates the easements for City storm sewer lines as set forth in the ROW Agreement upon the effective date of the New Utility Easement Agreement. Title to the vacated right-of-way shall vest in accordance with Colorado Revised Statutes Section 43-2-302.. Section 3. That the City Council hereby accepts the easements for City storm sewer lines as granted in the New Utility Easement Agreement. Introduced, considered favorably on first reading, and ordered published this 19th day of February, A.D. 2019, and to be presented for final passage on the 5th day of March, A.D. 2019. or ATTEST: q�FOR7C0� ' Z SEAL L-6�� City Cl ooio .. .00 Passed and adopted on final reading on the 5th day of March, A.D. 2019. (::yvor ATTEST:- , �o fFgR7 co� SEAL City Cofk OOLORPO -2- EXHIBIT A Non-Exclusive Utility Easement Agreement `This Non-Exclusive-Utility.lasement Agreement("Agreement")is made and entered into this day of ,2018 (the"Effective Date"),by and between THYB_OARD_ OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM,acting by and through COLORADO STATE UNIVERSITY("Grantor"),andT-HY..CITY OF FORT COLLINS, _ -- —COLORADO,a municipal coEWriition("Grantee")—_��--- `� — ----- — Recitals A. Grantor and Grantee entered into a Right of Way Agreement dated May 27, 1966("ROW Agreement")whereby Grantor granted to Grantee a right of way for the construction, maintenance, servicing and operation of underground storm sewer lines upon certain properties of Grantor. B. The parties have reviewed the currently existing storm sewer lines of Grantee on such properties of Grantor and have agreed that it is advisable to restate the legal description of the areas in which such lines are located. C. Grantor and Grantee have agreed to replace and restate the ROW Agreement in its entirety with this Easement Agreement. Agreement 1. Grantor's Property. Grantor is the owner of those certain parcels of real property located in Larimer County,Colorado,which are described on Exhibit A,attached hereto and made a part of this Agreement(the"Property"). 2. Grant of Non-Exclusive Utility Easement-Consideration_and„Description. For and in consideration of the covenants and agreements he set forth,the sum of Ten Dollars($10.00), and other good and valuable consideration,the receipt and adequacy of which Grantor acknowledges,the parties hereto agree to the terms and provisions herein. The Grantor grants, sells and conveys to the Grantee;its successors and assigns,a twenty(20)foot wide, non-exclusive utility easement(the "Easement')on,over, under and across the Property, subject to the conditions and restrictions set forth below.This Easement is granted solely for use as a storm sewer pipeline. 3. . Purpose and Use of Easement. During the term of this Agreement and subject to all provisions herein,Grantee may use the Easement to install,operate,maintain,repair,reconstruct,replace,inspect and remove,at any time and from time to time,storm sewer line improvements(the "Improvements"), and for access to the Improvements, on,over,under and across the Easement. 4. Construction Easement. [Intentionally deleted] 5. Additional Rights of Grantee. Grantor further grants to the Grantee: (a) the right of ingress to and egress from the Easement over and across the Property by means of any established roads and lanes thereon,subject to the provisions of this Agreement; l (b) the right from time to time to enlarge,improve,reconstruct,and replace the Improvements constructed hereunder with other public improvements consistent with the intended purpose of the Easement;and (c) the right to mark the location of the Easement by suitable markers set in the ground. 6. Grantor's Rights in Easement Area. Grantor reserves all rights(including mineral rights)in the land described,and the right to occupy and use it for all purposes not,inconsistent with the rights granted herein to the Grantee,and which will not interfere with the Grantee's Improvements or the use thereof without Grantee's consent 7. Access. During the term of this Agreement,Grantee shall have access at all tithes to the Easement for construction,repair,operation and maintenance of the Improvements constructed or. installed under this Agreement. 8. Maintenance of the Easement Area. As a condition of continued use of the Easement, Grantee shall properly maintain the Improvements installed by the Grantee in connection with this Agreement. The Grantor may,after written notice to Grantee, so maintain such Improvements at Grantee's costs upon any failure by Grantee to properly maintain as required hereunder. Grantor will maintain the surface of the Easement in a sanitary condition in compliance with any applicable weed,nuisance or other legal requirement,and will not deposit,or permit to be deposited,significant rubbish,debris,or any other substance or material on the Easement. 9. Environment and Character:of Land. Any work or activity undertaken by Grantee in connection with this Agreement shall be so planned,designed and carried out as to interfere as little as reasonably possible with the character,appearance,and potential development of the nearby land and the surrounding environment,including its aesthetic character. 10. Drawings and Specifications. Drawings and specifications for major repair work contemplated in this Agreement shall be submitted to the Grantor or its representati-ve for approval prior to commencement of any work. Such review and approval shall be for the purpose of determining whether or not the proposed improvements are consistent with the rights granted in this Agreement, and any approval by the Grantor shall not be construed as expanding such rights,or as an approval of the technical merits or adequacy of the Improvements.The Grantee shall be solely responsible for performing the work or construction in accordance with the rights granted herein and for any liability arising from the performance of such work. 11. Consent for Work. Except in cases of emergency and for routine inspection,Grantee shall obtain the prior consent of the Grantor or its representative before uridertalang any work or activity within the Easement. Such consent shall not be unreasonably withheld.Provided however, Grantee shall not undertake any work or activity in the Easement area at the beginning and end of Colorado State University's semesters,except for emergency repairs. 12. Costs. All costs incurred in connection with any work,construction,restoration,or maintenance of Grantee's Improvements shall be borne entirely by the Grantee. 13. Restoration. After completion of any work undertaken in connection with this Agreement (whether the work involves original construction or later repair,replacement,maintenance or demolition), Grantee shall, at its own expense,restore the land and any improvements thereon substantially to the condition immediately prior to such work to the satisfaction of Grantor. `2 14. Compliance with Rules and Regulations. Grantee shall comply with all reasonable rules and regulations regarding the use of the Easement which have been or may be adopted and published by. Grantor,to the extent such compliance does not unreasonably interfere with Grantee's use of the Easement as contemplated in this Agreement. 15. Continuous Use Right of En for Conditions Broken. This Agreement is conditional on Grantee's continuous use of the Easement-for the purposes described herein, and if the Grantee ever decides to permanently abandon the Easement,the Grantee agrees to take the necessary steps pursuant to the City Code and administrative policies to properly vacate the Easement. If Grantee fails to do so,_ _, . _ Grantor shall Have the ciglif to to-enter the said premises and terminate this Agreement by bringing an - T� action of ejectment or an equivalent action after having given notice of Grantor's election to so terminate in the manner specified in this Agreement. 16. Sale,Lease.ot Other Easement. Grantor may grant other easements within the Easement, so long as Grantee's use of the Easement is not unreasonably impaired.Grantee shall not grant any easements within or other rights to use the Easement to any others. 17. Right to Relocate. Grantor reserves the right to relocate the Easement and any Improvements constructed by Grantee hereunder, so long as such relocation does not adversely impact the purpose of the Easement and the performance of said Improvements. Grantor shall notify Grantee of any plans to relocate the Easement and provide a reasonable opportunity for Grantee to submit comments to`Grantor. In stick event.Grantor shall be responsible for the costs of such relocation.If such relocation is outside of the Easement area described on Exhibit A,this Agreement shall be amended to include the new location as part of the Easement. 18. Prior Easements. The Easement is granted subject to all easements,rights-of-way, and other matters of record, and those previously granted and now in force and effect. Grantor makes no warranties or representations as to matters of title. 19. Additional Use. Use of the Easement for any purpose not specified herein shall require prior amendment of this Agreement,executed in the same manner as this Agreement. 20. Non-Assignability. This Agreement is not assignable by the Grantee without the Grantor's prior written consent. 21. Successors. Subject to the limitations on assignment set forth herein,this.Agreement shall be binding on the parties' legal successors. 22. No Third Patty Beneficiary.. It is expressly understood and agreed that the enforcement and conditions of this Agreement and all rights contained herein relating to its enforcement, shall be strictly reserved to the Grantee and the Grantor. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any third person or entity. It is the express intention of the Grantor and the Grantee that any such person or entity, other than the Grantor or the Grantee,receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 23. Sovereign Immunity. Notwithstanding any other provision of this Agreement,no term or condition of this Agreement shall be construed or interpreted as a waiver,express or implied,of any of the immunities,rights,benefits,protection,or other provisions of the Colorado Governmental Immunity Act,Section 24-10-101;et se :,C.R.S., as now or hereafter amended.The parties understand and agree that liability for claims for injuries to persons or.property arising out of negligence of the Grantor or Grantee,its departments, agents, officials and employees is controlled and limited by the provisions of 3 _ r Section 24-10-101,et seq.,C.R.S. as now or hereafter amended,and the risk management statutes, Section 24-30-1501,et sea.,C.R.S.as now or hereafter amended. 24. Severability. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this Agreement to the extent that the agreement of the parties is capable of execution. 25. Notices. All notices required to be given under this Agreement shall be deemed given when personally delivered,or when deposited in the United States mail,postage prepaid,certified mail,return receipt requested;'addressed`to-the party for whom it is intended.at the"following`addresse's CSU: City of Fort Collins: CSU-Real Estate Office Real Estate Services Manager 2537 Research Blvd. City of Fort Collins Suite 200 P.O. Box 580 Colorado State University Fort Collins,CO 80522-0580 Fort Collins;CO 80522 With Copy to: With a Copy to: Office of General Counsel City Attorney's Office 01 Administration Building P.O.Box 580 Colorado State University Fort Collins,CO 80522-0580 Fort Collins,CO 80523-0006 26.. Additional Terms and Conditions. Whenever used herein,the singular number includes the plural,the plural the singular;and the use of any gender is applicable to all genders. All of the covenants herein contained are binding upon and inure to the benefit of the parties hereto,their personal representatives,successors and assigns. 27. No Corrupt Influences. The signatories hereto aver that they are familiar with C:R.S.Section 18- 8-301,et seq.(Bribery and Corrupt Influences)and C.R.S. Section 18-8-401,et se . (Abuse of Public Office)as may be amended from time to time, and that no violation of such provisions is present. 28 , No Beneficial Interest. The signatories hereto aver that to their knowledge,no State employee has any personal or beneficial interest in the property described herein. 29. ROW Agreement. Upon full execution of this Agreement by the parties,the Right of Way Agreement between the parties dated May 27, 1966 shall be of no further force and effect. 4 1N WITNESS WHEREOF,the parties have signed this Agreement effective as of the date first above written. r GRANTOR: THE BOARD OF GOVERNORS OF THE, COLORADO STATE'.UNIVERSITY SYSTEM, acting by and through COLORADO STATE.UNIVERSITY By: Lynn Johnson Vice President for University Operations Date: Legal Review: OFFICE OF THE GENERAL COUNSEL By: Jean M.Christman Senior Associate Legal Counsel Colorado State University System Date: STATE OF COLORADO ) ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of 2018,by Lynn Johnson, Vice President for University Operations, Colorado State University. Witness my hand and official seal. My Commission expires: Notary Public ,g GRANTEE: THE CITY OF FORT COL,L INNS,COWRAzo Date: By: Darin A.Atteberry,City Manager. ATTEST: City.Clerk APPROVED AS TO FORM: Assistant City At. Date: STATE OF COLORADO ) ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day Of ,2018, by Darin A. Atteberry as City Manager and as City Clerk of the City of Fort Collins. Witness myy hand and official seal. My Commission expires: Notary Public 6 EXHIBIT A DESCRIPTION OF A STORM SEWER EASEMENT TO BE CONVEYED TO THE CITY OF FORT COLLINS (SECTION 14-7-69) A TWENTY FOOT(20'),WIDE STRIP ORLAND LOCATED IN SECTION 14,TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH A.M.;CITY OF FORT COLLINS, COUNTY OF LARIMER,STATE OF COLORADO; BEING TEN FEET(10')ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINES: STRIP A: COMMENCING"AT THE WEST xbUARTER CORNER-OF SAID SECTION 14,AND CONSIDERING TH_E­ -` WEST LINE OF THE NORTHWEST_ QUARTER OF SAID SECTION 14 TO BEAR N00029'55"E,SAID LINE BEING'MONU. MENT. _ED ON ITS SOUTFI.EN D BY A 3"ALUMINUM CAP`STAMPED LS 20123, AND ON ITS NORTH END BY AN ILLEGIBLE HEXAGONAL BRASS CAP, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS GOORDINATF SYSTEM,WITH ALL BEARINGS CONTAINED HEREIN.RELATIVE THERETO; THENCE ALONG SAID WEST LINE N00°29'S5'E,A DISTANCE OF 1,295.00 FEET; THENCE S890.30'05"E, A DISTANCE OF 36.23 FEET TO THE POINT OF BEGINNING,SAID POINT LYING N00032'53"E, 10.00 FEET FROM THE CENTER POINT OF AN EXISTING STORM WATER MANHOLE; THENCE ALONG THE CENTER LINE OF AN EXISTING STORM SEWER LINE(AND ITS NORTHERLY EXTENSION)THE FOLLOWING TWENTY-SIX(26)COURSES: 1)S00'32'53W,A DISTANCE OF 127&32 FEET;2) N89°3i'68"E,A DISTANCE OF 277.47 FEET; 3)S00°1.0'S7"W,A DISTANCE OF 284.62 FEET TO A POINT HEREINAFTER KNOWN AS POINT"A' 4) S46022'37"E;A DISTANCE OF 557.68 FEET:5)S89019'53"E,A DISTANCE OF 375.83 FEET; 6) N89°51'33"E,A DISTANCE OF 432.81 FEET;7)S21-16"38tj A DISTANCE OF 355.00 FEET; 9)S0004016"W,A DISTANCE OF 403.72 FEET TO A POINT HEREINAFTER KNOWN AS POINT"B"; 9)_N86049'37"E,A DISTANCE OF 63.31 FEET; 10)S88°59'55"E, A DISTANCE OF 278.69 FEET; 11) N69°45'b6"E,A DISTAiCE OF 465.74 FEET; 12)S75°56'00"E,A DISTANCE OF 83.97 FEET; E 13)S89006'18"E,A DISTANCE OF 234.18 FEET; 14) N63°27'068 ,A DISTANCE OF 226.99 FEET; 15) S8901512"E,A DISTANCE OF 373.21 FEET; 16)S00°01'64"W,A DISTANCE OF 1Q5.19 FEET; 17)S29622'12"E,A DISTANCE OF 15.59 FEET; 18)S00°22'07"W,A DISTANCE OF 205.43 FEET; 19)S3002829"W,A DISTANCE OF 17J3 FEET;20)SOO°25'20'.W,A DISTANCE OF 338.29 FEET; 21)S47053'01"E,A DISTANCE OF 100.25 FEET 22)S06053'*W,A DISTANCE OF 116.55 FEET; 23)S05°O6'48"E,A DISTANCE OF 73.18 FEET;24)S00009'34"W,A DISTANCE OF 153.01 FEET; 25)S01 038'41"W,A IDISTANCE OF 165.01 FEET;26)S76°30'11 t,A DISTANCE OF 36.79 FEET TO., THE POINT OF TERMINUS, SAID POINT BEARING N87044'29"E,A DISTANCE OF 630.47 FEET FROM THE SOUTH QUARTER CORNER OF SAID SECTION. STRIP B: BEGINNING AT THE AFOREMENTIONED POINT"A"; THENCE ALONG THE CENTER LINE OF AN EXISTING STORM SEWER LINE THE FOLLOWING TWO(2)COURSES: 1)N46°24'22"W,A DISTANCE OF 278.97 FEET; 2)S89°18'17"W,A DISTANCE OF 110.44 FEET TO THE POINT OF TERMINUS,SAID POINT LYING ON THE WEST LINE OF SECTION 14,BEING 69.96 Ft&SOUTH OF THE WEST QUARTER CORNER OF SAID SECTION. STRIP C: BEGINNING AT THE AFOREMENTIONED POINT"8"; THENCE ALONG THE CENTER LINE OF AN EXISTING STORM SEWER LINE THE FOLLOWING NINE (9)COURSES: 1)S69°16104"W,A DISTANCE OF 429.07 FEET; 2)N72°25'48"111/,A©iSTANCE OF 189.16 FEET; 3)S88°5428"W,A DISTANCE OF 157.69 FEET; 4) N68°0304"W,A DISTANCE OF 210.93 FEET TO A POINT HEREINAFTER KNOWN AS POINT"C'; 5) N82-1134"W,A DISTANCE:OF 85.19 FEET; 6) N89°04'43"W,A DISTANCE OF 367.24,FEET; 7) S69°59'52-W,A DISTANCE OF 32.96:FEET; 8) N89°21'28"W,A DISTANCE OF 169.77 FEET;. M 9)E S8r04'05"W,A.DISTANCE OF 29.15 FEET TO THE POINT OF TERMINUS, SAID POINT LYING ON THE-WEST LINE OF SECTION 14, BEING 1321.23:FEET SOUTH OF THE WEST e r ,.._... .QUARTER.CORNERAFSAfb.SECTION.;__.._. STRIP D: BEGINNING AT THE AFOREMENTIONED POINT"C"; THENCE ALONG THE CENTER LINE OF AN EXISTING STORM SEWER LINE(AND ITS SOUTHERLY EXTENSION)THE FOLLOWING TWO(2)COURSES: 1)S000 49159"W,A DISTANCE OF 284.23 FEET; 2)SOO°3W47"E,A DISTANCE OF 78.44 FEET TO TI IE POINT OF TERMINUS,SAID POINT BEARING S00039'.47"E, 16.00 FEET FROM THE CENTER POINT OF AN EXISTING STORM WATER MANHOLE; LESS AND EXCEPT ANY PORTION OF THE ABOVE-DESCRIBED 20 FOOT STRIPS LYING WITHIN t E RIGHTS OF WAY OF LAUREL STREET, SHIELDS STREET,-LAKE STREET,CENTER AVENUE, AND/OR PROSPECT ROAD,AND LESS AND EXCEPT ANY PORTION LYING WITHIN THE EXISTING UTILITY EASEMENT TO THE CITY OF'I#ORT COLLINS AS SHOWN AND DESCRIBED ON THE INSTRl1MENT RECORDED DECEMBER 10,2010 AT RECEPTION N0.20100078862. SUBJECT70 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 AN_D CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE,BELIEF,AND OPINION. 00 REG,, 311 a.; . 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 �� "LA Survey\ProjectslStorm Water\CSU STORM SEWER SURVEV1LegalslCSU StormSmerEsmt Igl.doc NW COR. SEC 14-7-69 EXHIBIT OF F0 ILLE06LE HE XAGONAL STORM WATER EASEMENT TO BE CONVEYED BRASS CAP IN POINT OF MON. BOX BEGINNING TO THE CITY OF FORT COLLINS (SHLLT 1) EASEMENT AREA hLBRLIARY 2.5, 2018, 1 -300' POINT OF COMMENCEWT w 1/4 964, SEC 14-7-69 FD 3* ALUM. CAP' COLORADO STATE 0 EGG q SIAM14D UNIVERSITY N MONUMENT BOX POINT 'A' ..::o 311 9 - LAW EASEMENT AREA �u STRIP A CINI N, UJI LLJ V) uj co V) LLJ La z % 3Z POINT "C* EASEMENT AREA C) 3_TRIP C POINT 'B" T K I N STREET THIS EXHISIT'S SOLE INTENT, IS TO GRAPHICALLY REPRESENT AND AUGMENT,THE ATTACHED PROPERTY DESCRIPTION. IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY AS DEFINED IN C.R.S. .38-51 102. IN THE:EVENT OF DISCREPANCIES BETWEEN THIS EASEMENT AREA EXHIBIT AND THE ATTACHED PROPERTY DESCRiIPTION, THE INFORMATION CONTAINED WITHIN THE ATTACHED PROPERTY DESCRIPTION SHOULD BE RELIED UPON. � �u � ■§ § gk � n M § E , < � o §_ o� \ #� LLJ z zo z d� N a � � UJ2 j §w « @ % E& O z . �§ 3 ƒ § }§ U o$ 7 : [ .I §ƒEj ) ° § U O SSPA h STRIP ,§/ z gAV 6 9 1 N 9 IL � � � � . B§z � K 7 f kkE w I e ui � >- � ƒ <&§ w I k: LJ i ] %w F� ® 9i }Z2 Q r � -| ��� u ! LU §z u M k ry j ) . t\ �}j E U fe {f � � f « \ / e�z C 2$ P z� u �Ft | u &�z t , ( . R « | & +« ¥'n 0 2 ��\g § � � §in § | 1. "of t§OY m 7 � | [ ±]]HS ]]S | 2 W H\IV n § 'Bmp-wo krerpunoseE_AAmge:)--oisnso 4_MRA8@a&A'9sAmSnS-OmUM DESCRIPTION OF A UTILITY EASEMENT TO BE CONVEYED TO THE CITY OF FORT COLLINS (BOARD OF GOVERNORS OF CSU,SECTION 23-7-69) A STRIP OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 23,TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARiMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: J " ALL THAT PORTION OF THE NORTHERLY TWENTY FEET{20.001 OF THE PARCEL DESCRIBED 1N THE WARRANTY DEED RECORDED JULY 17,2013 AT RECEPTION NO.20130057135 LYING EAST OF THE UTILITY EASEMENT DESCRIBED IN THE NON-EXCLUSIVE UTILITY EASEMENT AGREEMENT RECORDED APRIL 12,2016 AT RECEPTION NO. 2016.0025394. CONTAINING 205 SQUARE FEET, MORE OR LESS,AND BEING 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. '00 R Gt :p 311 a• • JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 3�ZwZGI :g FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS,CO 80522ss, '. ..... i i dJ O N �a Nfib sir j; O� A J O j F— [r A CA Vi O a "' LL- O �-- U I N a� o Z n o�oyW1 U Q C4 =V GJ m w} (n Z m � ` 9 La Z wz �4Qr. : 0 LLJ o o �o �_ c� FLLIN-� O Z a m �- `off zr%) �at�"na '��� O W OZ p n OO�w11) O La. fif .-1 d oUZ E3 c O W= O m Z 0 irFW1 :� EIS wIL ui xa LLI # J No1bB F Z � cos s Z '3Ad 831N33 LDo XRLa2 C w z �"0'W`J�A�aBEIOL uus�Aa8�4£�W+oIS(1S'�1��l�QLl3ALIf1S 1i3M35 WiIOlS 11S�1►alBM+�51�(adV�N�S1gWeur�+adaQ�B�!iaeu!Bu31�S r.,/ Account r: FTC-003160 FORT•COLLINS / Invoice Text - - DO)-W_ NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on"I STATE OF COLORADO ) ss: AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER ) CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 I, being duly swom, deposes and says that said is the legal clerk of the Fort Collins Coloradoan; that the same is a daily newspaper of general circulation and printed and published in the City_of_Fort Collins, in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper and that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the publication of said notice was contained in the issue of said newspaper on 03/10/19 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. t Leal Clerk Subscribed and sworn to before me,within the County ofL/"State of Wisconsin this I I th of March 2019. Notary Public C�� Notary Expires t It FtEt��ii J �� legal No.0003426404 Ad#:0003426404 _ Affidavit Prepared P O:SR 3/5 PUBL\G ? Monday,March 11.2019 9:27 am #of Affidavits:1 �t ORDINANCE NO.0312019 NOTICE IS HEREBY GIVEN that the OF THE COUNCIL OF THE CITY OF Fort Collins City Council, on Tuesday, FORT COLLINS March 5, 2019, Passed and adopted the APPROPRIATING UNANTICIPATED following ordinances on second reading: REVENUE IN THE GENERAL FUND ORDINANCE NO.022,2019 FOR THE POLICE REGIONAL OF THE COUNCIL OF THE CITY OF TRAINING CAMPUS AND AUTHORIZING THE TRANSFER OF FORT CO APPROPRIATIONS FROM THE APPROPRIATING UNANTICIPATED ICIPATED GENERAL FUND TO THE CULTURAL GRANT REVENUE FROM THE SERVICES AND FACILITIES FUND FEDERAL TRANSIT ADMINISTRA- FOR THE ART IN PUBLIC PLACES TION (FTA) IN THE TRANSIT SERV- PROGRAM ICES FUND AND APPROPRIATING PRIOR YEAR RESERVES IN THE ORDINANCE NO.032,2019 TRANSIT SERVICES FUND AND AU- OF THE COUNCIL OF THE CITY OF THORIZING THE TRANSFER OF AP- FORT COLLINS PROPRIATIONS FROM THE TRANSIT AMENDING ARTICLE IV OF SERVICES FUND TO THE CAPITAL CHAPTER 3 OF THE CODE OF THE PROJECT FUND FOR THE ACCESSI- CITY OF FORT COLLINS TO CREATE BLE INFRASTRUCTURE ENHANCE- ENTERTAINMENT DISTRICT NO.1 MENT PROJECT AND TRANSFER- RING APPROPRIATIONS FROM THE ORDINANCE NO. 034,2019 CAPITAL PROJECT FUND TO THE OF THE COUNCIL OF THE CITY OF CULTURAL SERVICES AND FACILI- FORT COLLINS TIES FUND FOR THE ART IN PUB- AMENDING CHAPTER 14 OF THE LIC PLACES PROGRAM CODE OF THE CITY OF FORT COLLINS REGARDING ORDINANCE NO.023,2019 LANDMARK PRESERVATION OF THE COUNCIL OF THE CITY OF FORT COLLINS ORDINANCE NO.035,2019 APPROPRIATING UNANTICIPATED OF THE COUNCIL OF THE CITY OF GRANT REVENUE IN THE FORT COLLINS GENERAL FUND TO PURCHASE AMENDING LAND USE CODE ELECTRIC LAWN AND GARDEN SECTIONS 3.4.7 AND 5.1.2 EQUIPMENT FOR THE PARKS DEPARTMENT AND The full text of these ordinances con be AUTHORIZING THE found at http://fcgov.com/pubIicnotices TRANSFER OF MATCHING FUNDS or by calling the City Clerk's Office at PREVIOUSLY APPROPRIATED 970-221-6515. IN THE ENVIRONMENTAL SERVICES DEPARTMENT 3426404 OPERATING BUDGET Coloradoan ORDINANCE NO.024,2019 Mar.10,2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A NON-EXCLUSIVE UTILITY EASEMENT AGREEMENT FOR CITY STORM SEWER LINES ON COLORADO STATE UNIVERSITY PROPERTY,INCLUDING VACATION OF EASEMENTS GRANTED IN 1966 RIGHT-OF-WAY AGREEMENT ORDINANCE NO.025,2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A NON-EXCLUSIVE UTILITY EASEMENT AGREEMENT FOR CITY STORM SEWER LINES ON COLORADO STATE UNIVERSITY RESEARCH FOUNDATION PROPERTY, INCLUDING VACATION OF EASEMENTS GRANTED IN 1966 RIGHT-OF-WAY AGREEMENT ORDINANCE NO.026,2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE PURCHASING AGENT TO ENTER INTO CONTRACTS FOR SERVICES,PROFESSIONAL SERVICES,AND/OR CONSTRUCTION IN EXCESS OF FIVE YEARS FOR THE PROPOSED ENLARGEMENT OF HALLIGAN RESERVOIR ORDINANCE NO.027,019 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE FARRINGTON PROPERTY,322 EDWARDS STREET, FORT COLLINS,COLORADO,AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS ORDINANCE NO.030,2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE GENERAL FUND FOR THE 1-25/PROSPECT INTER- CHANGE AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND,AND AP- PROPRIATING PRIOR YEAR RE- SERVES IN THE TRANSPORTATION CAPITAL EXPANSION FUND FOR THE 1-25 AND PROSPECT INTER- CHANGE AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE TRANSPORTATION CAPI- TAL EXPANSION FUND TO THE CAP- ITAL PROJECTS FUND,AND AU- THORIZING THE TRANSFER OF AP- PROPRIATIONS FROM THE CAPITAL PROECTS FUND TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM Account#: F7'C-003160 `" FORT•COLLINS Invoice Text 0—L__0—)M_ _ Ox, — NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on 1 STAI'E OF COLORADO ) ss: AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER ) CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 1. being duly sworn, deposes and says that said is the legal clerk of the Fort Collins Coloradoan; that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins, in said county and state: that the notice or advertisemeni, of which the annexed is a true copy, has been published in said daily newspaper and that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the publication of said notice was contained in the issue of said newspaper on 02/2.1/19 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3. 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. C_ Legal Clerk Subscribed and sworn to before me,within the County of Brown. St of Wisconsin this 25th of February 2019. Notan•Public Notary Expires \oTAR Y _ Legal\o.0003402335 PUBOC Ad#:0003402335 Affidavit Prepared P O:FIR2119 ��i�T�'' •....•' C.��'Z` Ktonday.Fcbnjwv 24.20l9 Q 32 am #of Affidavits:1 �'�i��i/,O Ft W 1c"\���� NOTICE IS HEREBY GIVEN that the CODE OF THE CITY OF FORT Fort Collins City Council, on Tuesday, COLLINS February 19, 2019, passed and adopted the following ordinances on first ORDINANCE NO.028,2019 reading. These ordinances will be pre- OF THE COUNCIL OF THE CITY OF sented for final passage on March 5, FORT COLLINS 2019: AMENDING CHAPTER 24 OF THE ORDINANCE NO.022,2019 CODE OF THE CITY OF OF THE COUNCIL OF THE CITY OF FORT COLLINSTO ADD A NEW ARTI- FORT COLLINS CLE VI RELATED TO APPROPRIATING UNANTICIPATED THE PARKING OF SHAREDD MOBILI- GRANT REVENUE FROM THE TY DEVICES FEDERAL TRANSIT ADMINISTRA- ORDINANCE NO.029,2019 TION(FTA) IN THE TRANSIT SERV- OF THE COUNCIL OF THE CITY OF ICES FUND AND APPROPRIATING FORT COLLINS PRIOR YEAR RESERVES IN THE AMENDING SECTIONS)410 AND 2106 TRANSIT SERVICES FUND AND AU. OF THE FORT COLLINS THORIZING THE TRANSFER OF AP- TRAFFIC CODE TO ALLOW FOR PROPRIATIONS FROM THE TRANSIT SIGNAGE DESIGNATING AN AREA SERVICES FUND TO THE CAPITAL IN PROJECT FUND FOR THE ACCESSI. THE CITY AS A"DISMOUNT ZONE" BLE INFRASTRUCTURE ENHANCE- FOR ANY FORM OF CONVEYANCE MENT PROJECT AND TRANSFER. RING APPROPRIATIONS FROM THE ORDINANCE NO.030,2019 CAPITAL PROJECT FUND TO THE OF THE COUNCIL OF THE CITY OF CULTURAL SERVICES AND FACILI- FORT COLLINS TIES FUND FOR THE ART IN PUB- APPROPRIATING UNANTICIPATED LIC PLACES PROGRAM REVENUE IN THE GENERAL FUND ORDINANCE NO.023,2019 FOR THE 1-25/PROSPECT INTER- OF THE COUNCIL OF THE CITY OF CHANGE AND AUTHORIZING THE FORT O TRANSFER OF APPROPRIATIONS APPROPRIATING UNANTICIPATED FROM THE GENERAL FUND TO THE GRANT REVENUE THE CAPITAL PROJECTS FUND,AND AP- GENERAL FUND TO PURCHASE PROPRIATING PRIOR YEAR RE- ELECTRIC LAWN AND GARDEN SERVES IN THE TRANSPORTATION EQUIPMENT FOR THE PARKS DE- CAPITAL EXPANSION FUND FOR PARTMENT AND AUTHORIZING THE THE AND PROSPECT INTER- TRANSFER OF MATCHING FUNDS CHANGGEE AND AUTHORIZING THE PREVIOUSLY APPROPRIATED TRANSFER OF APPROPRIATIONS IN THE ENVIRONMENTAL SERV. FROM THE TRANSPORTATION CAPI- TAL EXPANSION FUND , THE CAP- ICES DEPARTMENT OPERATING BUDGET I PROJECTS FUND,AND THORIORIZING THE TRANSFER OFF AP- ORDINANCE NO.024,2019 PROPRIATIONS FROM THE CAPITAL OF THE COUNCIL OF THE CITY OF PROECTS FUND TO THE CULTURAL FORTCOLLINSSERVICES AND FACILITIES FUND APPROVING A NON-EXCLUSIVE FOR THE ART IN PUBLIC PLACES UTILITY EASEMENT AGREEMENT PROGRAM FOR CITY STORM SEWER LINES ON ORDINANCE NO.031,2019 COLORADO STATE UNIVERSITY OF THE COUNCIL OF THE CITY OF PROPERTY,INCLUDING VACATION FORT COLLINS OF EASEMENTS GRANTED IN 1966 APPROPRIATING UNANTICIPATED RIGHT-OF-WAY AGREEMENT REVENUE IN THE GENERAL FUND ORDINANCE NO.025,2019 FOR THE POLICE REGIONAL TRAIN- OF THE COUNCIL OF THE CITY OF ING CAMPUS AND AUTHORIZING FORTCOLLINSTHE TRANSFER OF APPROPRIA- APPROVING A NON-EXCLUSIVE TIONS FROM THE GENERAL FUND UTILITY EASEMENT AGREEMENT THE CULTURAL SERVICES AND A FOR CITY STORM SEWER LINES ON FACILITIES FUND FOR THE ART IN COLORADO STATE UNIVERSITY PUBLIC PLACES PROGRAM RESEARCH FOUNDATION PROPER- ORDINANCE NO.032,2019 TY,INCLUDING VACATION OF OF THE COUNCIL OF THE CITY OF EASEMENTS GRANTED IN 1966 FORT COLLINS RIGHT-OF-WAY AGREEMENT AMENDING ARTICLE IV OF CHAP- ORDINANCE NO.026,2019 TER 3 OF THE CODE OF THE CITY OF THE COUNCIL OF THE CITY OF OF FORT COLLINS TO CREATE EN- FORT COLLINS TERTAINMENT DISTRICT N0.1 AUTHORIZING THE PURCHASING ORDINANCE NO. 034,2019 AGENT TO ENTER INTO CONTRACTS OF THE COUNCIL OF THE CITY OF FOR SERVICES,PROFESSIONAL FORT COLLINS SERVICES,AND/OR CONSTRUCTION AMENDING CHAPTER 14 OF THE IN EXCESS OF FIVE YEARS FOR CODE OF THE CITY OF THE PROPOSED ENLARGEMENT OF FORT COLLINS REGARDING LAND- HALLIGAN RESERVOIR MARK PRESERVATION ORDINANCE NO.027,019 ORDINANCE NO.035,2019 OF THE COUNCIL OF THE CITY OF OF THE COUNCIL OF THE CITY OF FORT COLLINS FORT COLLINS DESIGNATING THE FARRINGTON AMENDING LAND USE CODE SEC. PROPERTY,322 EDWARDS STREET, TIONS 3.4.7 AND 5.1.2 FORT COLLINS,COLORADO,AS A PERTAINING TO HISTORIC AND FORT COLLINS LANDMARK PUR- CULTURAL RESOURCES SUANT TO CHAPTER 14 OF THE The full text of these ordinances con be found at http://fcgov.com/publicnotices er + or by calling the City Clks Office at 970-221-6515. 3402335 Coloradoan Feb 24,2019