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HomeMy WebLinkAbout025 - 03/05/2019 - APPROVING A NON-EXCLUSIVE UTILITY EASEMENT AGREEMENT FOR CITY STORM SEWER LINES ON COLORADO STATE UN 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 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, 1966("ROW Agreement") whereby Colorado State granted to the City a right of way for the construction, maintenance, servicing and operation of underground storm sewer Iines 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 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 recomm ended 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 -1- sewer lines granted in the ROW Agreement upon the grant of the easements for City storm sewer lines set forth in the New Utility Easement Agreement. 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 giranted yin the New Utility Easement Agreement. Introduced, considered favorably on first readings 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. ayor ATTEST: oRro o.•••• �••.o� SEAL city Cl c�ioRA ° Passed and adopted on final reading on the 5th day of March, A.D. 2019. 1 ayor ATTEST: ��oRroa to moo,.•• •. " SEAL (Sty C R -2- a' EXHIBIT A rp. 4 Non-Exclusive Storm-water Utility Easement Agreement This Non-Exclusive Storm-water Utility Easement Agreement ("Agreement") is entered into this day of January, 2019, by and between Colorado State University Research,Foyndation,_a_oon-profit,Colorado corporation whose address:is_2537.Research-Blvd.,- :. Fort Collins, CO 80526 ("Grantor"), and The City of Fort Collins, Colorado, a municipal. corporation("Grantee"). 1. Grantor's Property Grantor is the owner of a certain parcel of real property located in Larimer County,Colorado,which is depicted on Exhibit A attached hereto and made a part of this Agreement by reference hereto(the-"Property.") 2. Grant of Non-Exclusive Storm-Water Utility Easement._Consideration and Description. For and in consideration of the covenants and agreements herein set forth, and for othe-Tgood and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties agree to the terms herein. Grantor grants and conveys to the Grantee a non-exclusive storm-water utility easement on, over,under and across the Property, subject to the conditions contained herein and more particularly described on Exhibit B attached hereto and incorporated herein (the "Easement"). 3. Purpose and Use: Grantor grants this Easement solely for the purpose of installing,. accessing, operating, inspecting, repairing, maintaining or replacing storm-water drainage improvements. 3.1. Access. During the term of this Agreement and subject�to all provisions herein, Grantee shall have access at all times to the Easement for construction, repair, operation and maintenance of the storm-water improvements. 3.2. Other Easements/Non-exclusive=Uses. This Easement is granted subject to all easements, rights-of-way and other matters of record previously granted and now in force,and effect. Grantor makes no warranties or representations as to matters of title. Grantor may grant other easements within the Easement,so long as Grantee's use of the Easement is not unreasonably impaired. Grantee agrees to cooperate with Grantor and the recipients of other easements in the construction, installation, use and maintenance of the Easement. Grantee shall not giant any easements within or other rights to use the Easement. 4. Agreement of Grantee. In exchange for GRANTOR's grant of the Easement, Grantee agrees to.the following terms: 4.1. Survey. The Grantee agrees that the legal description and depiction attached hereto as exhibits are for the purpose of generally depicting the boundaries of the Easement, and GRANTOR assumes no responsibility for the accuracy of such exhibits nor for damages resulting from inaccuracies therein. Page 1 of 7 4.2. Environment and Character of Land and.Restoration. 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 land and the surrounding environment,including its aesthetic character. After completion of any installation,repair, operation, maintenance or replacement work undertaken in connection with this Agreement, Grantee shall restore the land and any improvements thereon to the condition immediately prior to such work. 4.3. Drawings._and_Specifications. Drawings and specifications for initial installation and any major repair work contemplated in this Agreement shall be submitted to Grantor or its representative 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 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. 4.4. Consent for Work. Except in cases of emergency and routine maintenance, Grantee shall obtain the prior consent of Grantor or its representative before underiaking any work or activity within the Easement. Such consent shall not be unreasonably withheld. All access routes to the Easement for,the Grantee's construction, repair, operation, or maintenance of the Improvements shall be by route or routes reasonably designated by Grantor. 4.5. Costs. Grantor will not be responsible for any costs incurred for any installation repair,operation, maintenance or replacement of the storm-water improvements. 4.6. Surface Structures. Grantor shall prohibit all surface use unless the Grantor determines that it is incidental, necessary to the intended purpose of the Easement, and not lu inconsistent with the non-exclusive nature of the easement granted. In those cases where the Grantor has determined that surface use is acceptable, all surface structures or devices must be approved by Grantor, and shall be so located as to present the least possible interference to Grantor's use and preservation of the value of the surface of the land. 4.7. Maintenance. Grantee shall properly maintain all facilities and equipment erected or installed by the Grantee in connection with this Agreement. Grantor may, after written notice to Grantee, so maintain such improvements at Grantee's cost upon any failure by Grantee to properly maintain as required hereunder. 4.8. Indemnification. Grantee agrees to indemnify, defend and hold harmless Grantor against all liability, loss and expense and against all claims and actions based upon or arising out of Grantee's use of the Easement or arising out of injury or death to persons or damage to property, caused by any acts or omissions of Grantee, its successors, assigns, agents or contractors. In the event that Grantee contracts for any work to'be performed in the Easement, Grantee shall require its contractors and subcontractors to indemnify, defend and hold harmless Page 2 of 7 If Grantor,its employees and agents from any and all claims, damages and liabilities whatsoever for injury or death to persons or damage to property arising from the contractors' and/or subcontractors' actions or inactions. All contractors and subcontractors shall be required by Grantee to abide by and follow the provisions of this Easement. 4.9. Compliancce with Rules and Regulations. Grantee will comply with all reasonable rules and regulations regarding the use of the land which have been or may be adopted µ by Grantor, to the extent such compliance does not unreasonably interfere with Grantee's use of the Easement as contemplated in this Agreement. w 4.10. Removal of Access Routes and Work Areas. Routes of access to the Easement and work areas used for construction, repair, operation, maintenance or removal of Grantee's storm-water improvements shall be as few as necessary, and, if access involves areas outside of existing drives and parking areas,Grantee shall destroy and remove them,restoring the land in the manner provided in paragraph 4.2 above. Should Grantee fail to restore the land as required herein,Grantor may, after written notice to Grantee,take-such action necessary to restore the land, and Grantee shall be liable for actual reasonable costs incurred in completing such restoration. 5. Rights Reserved by Grantor. Grantor reserves all rights (including mineral nights) 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. 5.1. Continuous_Use Right of Entry for Condition Broken. This Agreement is conditional on Grantee's continuous use of the Easement for the purposes described herein, and if the Grantee shall cease to use the Easement for the described purposes,Grantor shall have the right to re-enter the said unused premises and terminate this Agreement by bringing an action of ejectment or an equivalent action after having given notice of Grantor's election to so terminate in the manner specified in Section 6.5 of this Agreement. 5.2. Right to Relocate. Grantor reserves the right, at Grantor's cost, to relocate the Easement and any storm-water 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. 6. Other Terms and Conditions. The parties agree to the following additional terms and conditions: 6.1. 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. 6.2. Non-Assignability. Neither this Agreement nor the Easement may be assigned by the Grantee in whole or in part without Grantor's prior written consent. Page 3 of 7 's 6.3. Successors. Subject to the limitations on assignment set forth in paragraph 6.2 herein,this Agreement shall be binding on the parties' legal successors. 6.4 No Third Party Beneficigy. It is expressly understood and agreed that the enforcement and conditions of this Agreement and all rights contained herein relating to enforcement, shall be strictly reserved to Grantor and the Grantee. Nothing contained in this Agreement sh.all.. give or allow any claim or right of action whatsoever by any third person.or entity. . It is the express intention of Grantor and the Grantee that any such person or entity, other than Grantor or the Grantee, receiving benefits under this Agreement shall be deemed an incidental beneficiary only. 6.5. Representatives-and Notice. Any reference to actions by Grantor herein shall include the Grantor or its designated representative. For the purposes of this Agreement,the parties designate the following persons as their representatives and list the following addresses for the delivery or mailing of notices and other communications: Re resentative for the Grantee: Representative for GRANTOR:. Real Estate Services Manager Colorado State University Research City of Fort Collins Foundation P.O.Box.580 P.O.Box 483 Fort Collins, CO 80522-0580 Fort Collins, CO 80522 OR for delivery: With a Copy to: 2537 Research Boulevard City Attorney's Office Fort Collins, CO 80526 P.O. BOX 580 Fort Collins,CO 80522-0580 Any tipoce required or desired to be given under this Agreement shall be delivered or mailed by certified mail to the addresses listed above. 7. Jurisdiction. The laws of the State of Colorado and the rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision of this Agreement, whether or not incorporated herein by reference, that provides for arbitration by any extra-judicial body or person or which is otherwise in conflict With said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. 8. 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. Page 4 of 7 a,. i IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. Colorado State University Research Foundation By: Kathleen Henry,President Approved as to form: Donna Baily Senior Legal Counsel STATE OF COLORADO } )ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of 2019 by Kathleen Henry, as President for Colorado State University Research Foundation. My commission expires Witness my hand and official seal. Notary Public Page 5 of 7 -r GRANTEE: THE CITY OF FORT COLLINS, COLORADO a Municipal Corporation Date: By. Darin A. Atteberry, City Manager ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney Date: STATE OF COLORADO ) ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of , 2019,by Darin A. Atteberry as City Manager and as City Clerk of the City of Fort Collins. Witness my hand and official seal. My Commission expires: Notary Public Page 6 of 7 EXHIBIT B DESCRIPTION OF A UTILITY EASEMENT TO BE CONVEYED TO THE CITY OF FORT COLLINS (CSURF,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: -_ - ALL THAT PORTION OF LARIMER COUNTY ASSESSOR.PARCEL NO. 97231-00-902(SAID.PARCEL_ W_ BOUNDED ON THE WEST BY CENTRE AVENUE,ON THE NORTH BY UNIVERSITY PLACE P.U.D., ON THE EAST BY LOT 5 OF THE HAUSER SUBDIVISION, AND ON THE SOUTH BY THE PARCEL DESCRIBED IN THE WARRANTY DEED RECORDED JULY 17, 2013 AT RECEPTION NO. 20130057135)THAT LIES EAST OF THE UTILITY EASEMENT DESCRIBED IN THE NON-EXCLUSIVE UTILITY CASEMENT AGREEMENT RECORDED APRIL 12,2016 AT RECEPTION NO.20160025393. CONTAINING 3,842 SQUARE FEET(0.088 ACRES), 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. �p p RE., or 31169 0 • JOHN STEVEN VON NIEDA,COLORADO P.L.S. 31169 -Z-y0f8 •• FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 EXHIBIT A °0 ao (0v Lei¢ EDA' h C � +'�o F N N O w,.1 qq .; Q ' SN O m W �p or cc ~ £6CSzMLOZ 'ON '0321 'uq ak UMS3 "tun mm 3avA ,az O � U 0 00 Ui 8t2 w _ ()N � zr� H N ci Z � j+'�� F) Q O O U Q ~Fri Ld W a U �uj"O cc 2 <Z W o a o� o > o w > lx a� aaj �N i o 3C4 OM w = m� WW m p F- w }may w _ < W OR 2 12 r '3AV a31N33 0 J is too �n F xp x� o W WZ amp-WE)AmPuribee Z uwej fi8610£�UU075 f1S6As*a41,3A)j-ns a3M3S of Iois n awnsm +�iS1 fa�CetinS}8�wuy�e�pl � +31 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