HomeMy WebLinkAbout004 - 02/05/2019 - AUTHORIZING THE CONVEYANCE OF A TRANSMISSION LINE EASEMENT ON CITY PROPERTY AT MEADOW SPRINGS RANCH ORDINANCE NO. 004, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A TRANSMISSION LINE
EASEMENT ON CITY PROPERTY AT MEADOW SPRINGS
RANCH TO ROUNDHOUSE RENEWABLE ENERGY, LLC
WHEREAS, the City is the owner of real property located north of Fort Collins in
Larimer County and Weld County known as Meadow Springs Ranch, as described on Exhibit
"A", attached and incorporated herein by reference (the "Property"); and
WHEREAS, the Property is managed by the City's Wastewater Utility as a site for land
application of biosolids, is a working cattle ranch, and is the site of numerous cultural and
environmental resources; and
WHEREAS, Roundhouse Renewable Energy, LLC, a subsidiary of Nextera Energy
Resources ("Roundhouse''), is proposing to build a 230-kilovolt transmission line (the "Project'')
to deliver energy from.a wind energy facility in Wyoming to Platte River Power Authority's (the
"Authority") Rawhide Energy Station; and
WHEREAS, as part of the Project, Roundhouse is requesting from the City an easement
150 feet wide to install and maintain 9.7 miles of the transmission line and related infrastructure
on the Property (the "Easement"); and
WHEREAS, the Easement would also include the right to access the Easement Area
using certain existing roads on the Property; and
WHEREAS, the proposed location of the Easement is shown on Exhibit "B", attached
and incorporated herein by reference (the "Easement Area");and
WHEREAS, the Easement Area is within a 300- to 500-foot-wide corridor designated by
Roundhouse as part of its 1041 permitting process with Larimer and Weld Counties (the
`-`Permitting Corridor"); and
WHEREAS, issuance of 1041 permits by Larimer and Weld Counties is a prerequisite to
construction of the Project; and
WHEREAS; the Easement Area may shift east or west within the Permitting Corridor
during final design and construction of the Project, if unforeseen conditions require; and
WHEREAS, upon completion of the Project, Roundhouse would provide a surveyed
legal description of the ultimate location of the Easement Area, no greater than 150 feet wide, to
be recorded as the final description of the Easement; and
WHEREAS, Roundhouse would pay the City $105,850 as compensation for the fair
market value of the Easement, which would be used for the benefit of the Property; and
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WHEREAS, Roundhouse would also pay the City compensation based on a formula to
mitigate impacts to the Property from construction of the Project, which the parties estimate_ will
total approximately $330,000; and
WHEREAS, as a founding member of the Authority, the City would benefit from the
Project as it supports the City's Climate Action Plan goals to reduce the comrnunity's carbon
emissions; and
WHEREAS, the Water Board, at its regular meeting on December 20, 2018, voted to
recommend that the City Council support the Project; and
WHEREAS, the Energy Board, at its regular meeting on November 8, 2018, voted to
recommend that the City Council support the proposed transmission line route and Easement;
and
WHEREAS, the Natural Resources Advisory Board, at its regular meeting on October
17, 20.18, voted in support of the recommended location of the Easement; and
WHEREAS, the Land Conservation and Stewardship Board at its regular meeting on
November 7; 2018, was supportive of the process City staff has followed for environmental
analysis and made recommendations to staff about how funds received from Roundhouse as
compensation for Project impacts should be spent; and
WHEREAS, Section 23-111 of the City Code authorizes the City Council to sell, convey
or otherwise dispose of any interest in real property owned by 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 and, for real property that is part of the City's water or utility systems, that the disposition
Will not materially impair the viability of that utility system as a whole, and will be for the
benefit of the citizens 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 to
Roundhouse as described herein is in the best interests of the City; will not impair the viability of
the City's wastewater utility system; and will be for the benefit of the citizens of the City.
Section 3. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Easement to Roundhouse on terms and conditions consistent with this
Ordinance, together with such additional terms and conditions as the City Manager, in
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consultation with the City Attorney, determines are necessary or appropriate to protect the
interests of the City or effectuate the purposes of this Ordinance. r
Section 4. That execution of the Easement documents is contingent upon the issuance
of 1041 permits for construction of the Project by both Larimer County and Weld County no
later than six months after the effective date of this Ordinance.
Section 5. That during construction of the Project the City Manager, in consultation
with the City Attorney, is authorized to approve modifications to the alignment of the Easement
within the Permitting Corridor provided the Easement Area remains not more than 150 feet wide,
and the impacts of the Easement are not significantly greater that the original alignment or will
be mitigated'appropriately.
Section 6. That upon completion of the Project the Mayor is authorized to execute
such documents asare determined by the City Manager, in consultation with the City Attorney,
to be necessary to approve and document the final legal description of the Easement Area.
Introduced, considered favorably on first reading, and ordered published this 15th day of
January, A.D. 2019, and to be presented for final pass5ayor
5th da ruary, A D. 2019.
ATTEST.
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Passed and adopted on final reading on the 5th day of February, A.D. 2019.
Mayor
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EXHIBIT A
EXHIBIT A
Legal Description of City Property
Meadow Springs Ranch
The real property described in the following six (6) documents:
1. Patent No. 7993 recorded December 7, 1993 at Reception.No. 02362991 of the
records of the Clerk and Recorder of Weld County, Colorado;
2. Correction Warranty Deed recorded February 13, 1991 at Reception No.
91006161 of the records of the Clerk and Recorder of Larimer County, Colorado;
3. Patent No. 7992 recorded December 3, 1993 at Reception No. 93091867 of the
records of the Clerk and Recorder of Larimer County, Colorado;
4. Warranty Deed recorded May 12, 2003 at Reception No. 2003-0057523 of the
records of the Clerk and Recorder of Larimer County, Colorado;
5. General Warranty Deed recorded July 18, 2006 at Reception No. 2006-
0053666 of the records of the Clerk and Recorder of Larimer County, Colorado;
6. Special Warranty Deed recorded May 9, 2007 at Reception No. 2007-0034998
of the records of the Clerk and Recorder of Larimer County, Colorado..
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Account#: FTC-003160
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Invoice Text
JNOTICE IS HEREBY GIVEN that the Fort Collins City Council,on 7
S'I'AI'E OF COLORADO )
ss: AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER )
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
Public Notices1, 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
NOTICE Foortcollir city ounGjVEN t Tuesday,
t� Collins, in said county and state: that the notice or advertisement, of which the annexed is a true
February 5, 2019, passed and adopted copy, has been published in said daily newspaper and that the notice was published in the regular
the following ordinances on second
reading: and entire issue of every number of said newspaper during the period and time of publication of said
ORDINANCE NO.002,2019 notice, and in the newspaper proper and not in a supplement thereof, that the publication of said
OF THE COUNCIL OF THE CITY OF _
APPROPRI ORT COLLINS UNANTICIPATED notice was contained in the issue of said newspaper on
GRANT REVENUE IN
THE GENERAL FUND FOR THE
FORT COLLINS 02/10/19
POLICE SERVICES VICTIM SERV-
ICES UNIT
ORDINANCE NO.0032019 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the
OF THE COUNCILFORT O F THE
CITY OF period of at least six months next prior to the first publication of said notice or advertisement above
APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE referred to; that said newspaper has been admitted to the United States mails as second-class matter
GENERAL FUND FOR THE PUR- under the provisions of the Act of March 3, 1879, or any amendments thereof-, and that said
CHASE OF NEW RECYCLING
EQUIPMENT AT THE TIMBERLINE newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within
RECYCLING CENTER
ORDINANCE NO.004,2019 the meaning of the laws of the State of Colorado.
OF THE COUNCIL OF THE CITY OF
FORT
AUTHORIZING THELLINS CONVEYANCE
OF A TRANSMISSION LINE
EASEMENT ON CITY PROPERTY AT
MEADOW SPR
RANCH TO RO NDHOU EGRENEWA
BLE ENERGY,LLC Legal Clerk
OR DI NANCE 5,
OF THE COUNCIL OFOTHE CI1TY OF
FORT COLLINS Subscribed and sworn to before me.within the County of Brown. State isconsin this
ANNEXING PROPERTY KNOWN AS
THE FRIENDLY FIRE ENCLAVE I Ith of February 2019.
ANNEXATION TO THE CITY OF
FORT COLLINS,COLORADO
ORDINANCE NO,006,2019
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE ZONING MAP OF
ANDS CASSIFFYING FOR ZONITY OF FORT ING
PURPOSES THE PROPERTY
INCLUDED IN THE FRIENDLY FIRE Notary Public
ENCLAVE ANNEXATION TO THE
CITY OF FORT COLLINS,COLORADO,
AND APPROVING CORRESPONDING
CHANGES THE RESIDENTIAL
NEIGHBORHOOD SIGN DISTRICT
MAP
ORDINANCE NO.007,2019 Notary Expires
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ANNEXING PROPERTY KNOWN AS
THE KECHTER ENCLAVE
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TO THE CITY OF FORT COLLINS, 1� i
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OF THE
ORDINANCECO NCIL OF CIITY OF NOTARY _
FORT COLLINS AMENDING THE _ —��
ZONING MAP OF THE CITY OF FORT _ = Affidavit Prepared
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ORDINANCE NO.009,2019
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ANNEXING PROPERTY KNOWN AS
THE STR�.USS Ci,BIN ENCLAVE
ANNEX TION
TO THE CITY OF-FORT COLLINS,
COLORADO
ORDINANCE NO,010,2019
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE ZONING MAP OF
THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING
PURPOSES THE PROPERTY
INCLUDED
IN THE STRAUSS CABIN ENCLAVE
ANNEXATION TO THE
CITY OF FORT COLLINS,COLORADO,
AND APPROVING CORRESPONDING
CHANGES TO THE RESIDENTIAL
NEIGHBORHOOD SIGN DISTRICT
MAP
ORDINANCE NO.011,2019
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
ANNEXING PROPERTY KNOWN AS
THE TRILBY SUBSTATION ENCLAVE
ANNEXATION
TO THE CITY OF FORT COLLINS,
COLORADO
ORDINANCE NO,012,2019
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE ZONING MAP OF
THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING
PURPOSES THE PROPERTY IN-
CLUDED
IN THE TRILBY SUBSTATION EN-
CLAVE ANNEXATION TO THE
CITY OF FORT COLLINS,COLORADO,
AND APPROVING CORRESPONDING
CHANGES TO THE RESIDENTIAL
NEIGHBORHOOD SIGN DISTRICT
MAP
The full text of these ordinances can be
found at http://fcgov.com/publicnotices
or by calling the City Clerk's Office at
970-221-6515.
0003377943
The Coloradoan
Feb 10,2019
Account#: FTC-003160
FORT-COLLINS
OLOMI ,—�'11 � Invoice Text
_ _ NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on 1
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 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 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
01/20/19
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.
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Legal Clerk
Subscribed and swom to before me,within the County of Brown, State of Wisconsin this
22nd of January 2019.
Nntary Public
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OF THE COUNCIL OF THE CITY OF
ORDINANCE NO,006,2019 FORT COLLINS
OF THE COUNCIL OF THE CITY OF AMENDING THE ZONING MAP OF
FORT COLLINS THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF AND CLASSIFYING FOR ZONING
THE CITY OF FORT COLLINS PURPOSES THE PROPERTY(N-
AND CLASSIFYING FOR ZONING CLUDED
PURPOSES THE PROPERTY IN- IN THE TRILBY SUBSTATION EN-
CLUDED CLAVE ANNEXATION TO THE
IN THE FRIENDLY FIRE ENCLAVE CITY OF FORT COLLINS,COLORADO,
ANNEXATION TO THE AND APPROVING CORRESPONDING
CITY OF FORT COLLINS,COLORADO, CHANGES TO THE RESIDENTIAL
AND APPROVING CORRESPONDING NEIGHBORHOOD SIGN DISTRICT
CHANGES TO THE RESIDENTIAL MAP
NEIGHBORHOOD SIGN DISTRICT MAP The full text of these ordinances can be
found at http://fcg0v.com/PubIicnotices
ORDINANCE NO.007,2019 or by calling the City Clerk's Office at
OF THE COUNCIL OF THE CITY OF 970-221-6515.
FORT COLLINS
' nNNEXING PROPERTY KNOWN AS 3343054
THE Cvloradoon
KECHTER ENCLAVE ANNEXATION January 20,2019 ,
TO THE CITY OF FORT COLLINS,
COLORADO
ORDINANCE NO,008,2019
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
AMENDING THE ZONING MAP OF
_ THE CITY OF FORT COLLINSAND FOR
I
NOTICE IS HEREBY GIVEN that the PURPOSES ITHENPROPEROTYING IN.
Fort Collins City Council,on Tuesday, CLUDED
January 15,2019,passed and adopted IN THE KECHTER ENCLAVE AN.
the following ordinances on first NEXATION TO THE
reading. These ordinances will be pre- CITY OF FORT COLLINS,COLORADO,
sented for final passage on February 5, AND APPROVING CORRESPONDING
2019: CHANGES TO THE RESIDENTIAL
ORDINANCE NO.002,2019 NEIGHBORHOOD SIGN DISTRICT
OF THE COUNCIL OF THE CITY OF MAP
FORT COLLINS ORDINANCE NO.009,2019
APPROPRIATING UNANTICIPATED OF THE COUNCIL OF THE CITY OF
GRANT REVENUE IN FORT COLLINS
THE GENERAL FUND FOR THE ANNEXING PROPERTY KNOWN AS
FORT COLLINS THE
POLICE SERVICES VICTIM SERV- STRAUSS CABIN ENCLAVE ANNEXA-
ICES UNIT TION
ORDINANCE N0.003 2019 TO THE CITY OF FORT COLLINS,
OF THE COUNCIL OF THE CITY OF OF
FORT COLLINS ORDINANCE NO,010,2019
APPROPRIATING UNANTICIPATED OF THE COUNCIL OF THE CITY OF
GRANT REVENUE IN THE FORT COLLINS
GENERAL FUND FOR THE PUR- AMENDING THE ZONING MAP OF
CHASE OF NEW RECYCLING THE CITY OF FORT COLLINS
EQUIPMENT AT THE TIMBERLINE AND CLASSIFYING FOR ZONING
RECYCLING CENTER PURPOSES THE PROPERTY IN-
ORDINANCE NO.004,2019 CLUDED
OF THE COUNCIL OF HE CITY OF IN THE STRAUSS CABIN ENCLAVE
T
FORTCOLLINSANNEXATION TO THE
OF FORT COLLINS,COLORADO,
AUTHORIZING THE CONVEYANCE AND APPROVING CORRESPONDING
OF A TRANSMISSION LINE CHANGES TO THE RESIDENTIAL
EASEMENT ON CITY PROPERTY AT NEIGHBORHOOD SIGN DISTRICT
MEADOW SPR I NGS MAP
RANCH TO ROUNDHOUSE RENEWA.
BLE ENERGY,LLC ORDINANCE NO.011,2019
ORDINANCE NO.005,2019 OF THE COUNCIL OF THE CITY OF
FORT
OF THE COUNCIL OF THE CITY OF S
FORT COLLINS THE ANNEXING PROPPERTYERTY KNOWN AS
ANNEXING PROPERTY KNOWN ASTHE TRILBY SUBSTATION ENCLAVE AN-
FRIENDLY FIRE ENCLAVE ANNEX- TO THE CITYEXATION OF FORT COLLINS,
ATION COLORADO
TO THE CITY OF FORT COLLINS,
COLORADO ORDINANCE NO,012,2019
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