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HomeMy WebLinkAbout092 - 08/16/2016 - AUTHORIZING THE CONVEYANCE OF A UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON CITY PROPEC ORDINANCE NO. 092, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON CITY PROPERTY AT THE NORTHERN COLORADO REGIONAL AIRPORT TO THE CITY OF LOVELAND WHEREAS, the City of Fort Collins and the City of Loveland ("Loveland")jointly own property located in Loveland known as the Northern Colorado Regional Airport (the "Property"); and WHEREAS, Loveland plans to install a new underground electrical . line to serve development in the area of the Property, and wishes to place the line in a new easement on the Property adjacent to both Boyd Lake Road and County Road 30; and WHEREAS, the location of the proposed easement is described on Exhibit "A", attached and incorporated herein by reference (the "Easement"); and WHEREAS, Loveland is also requesting a temporary construction easement adjacent to the Easement along County Road 30, as described and shown on pages 4 through 6 of Exhibit A the "TCE"); and WHEREAS, the approximate fair market value of the City's 50% ownership interest in the Easement and TCE areas is $21,200; and WHEREAS, staff is recommending that the City not charge Loveland for the Easement and TCE as the conveyance of these interests serves a bona fide public purpose under Section 23-114 of the City Code because: The use to which the Easement will be put promotes safety and general welfare and benefits the citizens of Fort Collins by (1) allowing existing overhead lines and power poles to be removed from the Property so they will no longer be in the flight way; and (2) providing options for the Airport to improve its electrical service in the future; The Council supports the undergrounding of electric utilities through adoption of the Electric Service Standards and annual appropriation of funds for the undergrounding of City utilities, and the use to which the Easement will be put supports this City Council policy; The financial support provided by the City through the below-market disposition of the Easement and TCE will be leveraged by Loveland with`other funding or assistance; The conveyance of the Easement and TCE will not result in any direct financial benefit to any private person or entity; and 4- Conveying the Easement and TCE for less than fair market value will not interfere with current City projects or programs, hinder workload schedules or divert resources needed for primary City functions or responsibilities; and WHEREAS, Section 23-111(a) 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. 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 City's conveyance of the Easement and TCE to Loveland as provided herein serves a bona fide public purpose and is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement and TCE to Loveland 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, including, but not limited to, any necessary changes to the legal descriptions . of the Easement or TCE, 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 July, A.D. 2016, and to be presented for final passage on the 16th day gust, A.D. 2016. OSEAL :Mayor ATTEST: Irk GU City Clerk 2- Passed and adopted on final reading on the 16th day of August, A.D. 2016. F f.OR7 p© Mayor ATTEST: SEAL • COLOW VV W City Clerk 3- EXHIBIT"A., Page 1 of 6 PROPERTY DESCRIPTION A strip of land Eighteen(18)feet in:width for"easement.pgrposcs,being a portion of Tract A and Tmct,B„Bamstonn Second Addition to the City of Loveland recorded on August 12, 1986 at Reception No.86044345 in the records of the Latimer County Clerk and Recorder,situate in the West Half(W 1/2)of Section Twenty-eight(28)and the Northwest Quarter(NW 114)of Section Thirty-three(33),Township Six North(T.6N.),Range Sixty-eight West(R.68W.)of the Sixth Principal Meridian(6th.P.M.),City of Loveland;County of Latimer,State of Colorado,being more particularly describedas follows: The Westerly 18 feet of said Tract A and Tract B,Barnstorm Second Addition to the City of Loveland. EXCEPTING therefrom that portion of said Tract A-as:described in Grant of Easement recorded on August 31,1999 at Reception No.99078061 Said strip of land contains 118;356 Sq..Ft.(2.72 Acres);more or less(+/-),and is subject to any rights-of-way or other easements of record as now existing on,said described strip of land. SURVEYORS CERTIFICATE 1,Jason S.Allee,a Colorado Licensed Professional Land Surveyor do hereby state that this Property Description was prepared by me or under my personal supervision and checking,and that it is true and correct to.the'best of myknowledge and belief: PpDo if SEA 9 •. 3 9 :cc Jason S.Allec—on behalf of Lat4 , Colorado Licensed Professional Land Surveyor#38479 Lat401,Inc. Professional Land Surveyors 6250 W. IOi°Street,Unit#2 Greeley,CO 80634 970)515-5294 Pae2of6 W40°; Inc.. 6250 W. 10th Street,Onit 2, Greeley, 00 970-515-5294 SECTION 2e:33 All TOWNSIRIS,mEXHIBITRANGE: 68W 6TH P.M. NORTHWEST CORNER UTILITY EASEMENT LARIMER COUNTY SECTION 2B,,T.W.R.68W FOlIN0. /6CUAR:.W1114 2SAOU&M GP'LS U407' lZ AV >: Ar4r 1B• S4Y/A a FTJpAllA>atA'lROl'r ApK IIK3'O' I I I I cusmc:o',tipvr-cr-Awr I.vARCEI a5sx-o5-soz 1rAWVR C els VAh J m5' ADOffXAVREfFPJIONAa lK1f W ON;Ayp,dT ya-, .(7=4 l 00I OlY6 LOVtZ1AD FI 00 y Z 18'LTTILM EASEMENT may 118,356Sq.Ft.(Z72ATes) ISSN' Z I A7zl Z). S-m T.6AG.C6l7. FP—ARC—ELes550-oe-,N)2 w I AOQR7fN'REffPl/Q1"No.PbAr410J N p OH:tF'S2CJT}'G4•fT.GtlYlA'S y8' cN OlI!OiLOSEL1,iD Q M W I ZI e dT o•6YA2571A iEBi S2YJ,gY fA zvDvr O 6Wr V=104&r JM 1IZVVa417VJAtA4`XZW fXA7A5G 3O'A57!/=Gr-ACIY I 18'UT1LTTY EASEMENT I J 118,356 Sq.Ft.a72 Acros) I I. I t9` 0 250•. NORTHWEST CORNER SECTION,:a.16N„R56W 1"-250• FOUND_ /S'REBAR,TMTH I lei' W ALUMINUM CAP lS 34W5 WEST QUARTER CORNER SECTION 28,T.60:,R.68W FOUND 16 REBAR.WITH 2.5• y00 Q T28lALUMINUMCAPISILIEE-P'se.eee 4$7r7'4ZIYG5t7f]Vl. Q: a Q.. v g m:ccT NOTE:.This exhibit drawing knot lotmded-to be a mpnummfed-land, Jason S. Allee-On beht f Ab4 eur y. 'lt's.zole purpose is as'o graphic repreiealat'on°to old ti the Colorado Licensed Profession iauolizatlom of The written propely description which it occompohlSC p/2016 The'•writtm properly description wparsedco;lhe exhibH.Lrowing. Land.Surveyor No. 38479 PRO.ECTk 2015162 Page 3 of 6 W40', Inc: 6250 W. 1Oth Street`,Unit'2, Greeley, CO 970-51:5-5294 EXHIBIT "All UTILITY EASEMENT LAARNwER COUWW aW7JW.dn'AVYr--0r-Aura I 18'UnLn'y-EASEMENP 118356 Sq.Ft.(172 Acres) PARCEL'e6330-05 4M rri gDa=1V9E4FJ7J7pVA4s A&VO4F f ORA'FR,arrG ..cmLL15 C/J7'OFLOVHAW, Z I B 0. W-w IW2J einN fATfP7A7VVV 0 PZI-MV AfA.MWp RfAPJR7yV Ala 93V7dMf/ i I (OR3637RISAf adwmmv n NI I0nn00 z 1 I 0 I I I I I I I I WEST QUARTER CORNER 5n T.6N..RAW FOUND/6 REBAR WIN 25•ALUM.CAP tS 31159 PN06 L1 p 38 9 o NOTE: This..hWt drawF g I.not intended to be a monumenled.land Jtison S. Alice—On beha sure it. Sol, purpose property is as a graphic rspesentation to aid in the WdRol on of the.11teo des riptian which It mx.pantes. COIOrOdO Licensed ProfetiSiona DATE• 5/0/2016' The writlen.properit,description supersedes the chibil drowirq. Land Surveyor No. 38479 PRO.ECTk,2D15162 EXHIBIT`•A" Page 4 of 6 PROPERTY DESCRIPTION A strip of land Fouricen_(14)feet wide for easement purposes,being Seven(7)feet on each side of the following described centerline,being a portion of Tract8,Barnstorm Second Addition to the City of Loveland recorded on August 12,1986 at Reception No:86044345 and a portion of that parcel of land as described in Rule and Order recorded on January23,1992•at Reception No.92003739 in the records of the Latimer County Clerk and Recorder,situate in the Northwest Quarter(NW I/4)of Section Twenty-eight 28),Township Six North(T.6N.),,Range Sixty-eight West(R.68W.)of the Sixth Principal Meridian(61h P.M.),County of Latimer,State of Colorado,being more particularly described as follows: COMMENCING at the Northwest comer of said Section 28 and assuming the north line of said NW 1/4 as bearing South 87005'26"East as monumemed by.a#6 rebar with-a 2.5"aluminum cap L.S.29407 on the West end and a#6 rebarwith a2.5"aluminum.cap L.S,-17662-on the East.end,being a grid hearing of the Colorado State Plane Coordinate System,North Zonc;North American Datum 1983,a distanced2656.74 feet with all other bearings contained herein being relative thereto; The lineal dimensions as contained herein are based upon:tire."U:S.Survey Foot". THENCE South 2301417"East distance of-I i6z24 feet to the Easterly right-of-way line of Boyd Lake Avenue and to the,POINT OF BEGINNING; THENCE South 86°43'53"Last a distance of 510.93 feet; THENCE South 65038'01"East a distance of 186 9.7 feet; THENCE North 49058'39"East a distance.of 187.80 feet; THENCE South 87005'26"East along,a line being Fifty-seven(57)feet South of,as.measuired at right angles,and parallel to the North line of the NW 1/4 of said Section 28 a distance of 649.70 feet to the East line of that parcel of land as described in said Rule and Order and to the POINT OF TERMINUS,from which the North Quarter comer of said Section 28 beats south 890Ss-51"East a distance of 1130.40 feet; It is the intent of this description that the sidelines of said strip be prolonged or shortened to terminate at the Easterly right-of-way line of Boyd Lake Avenue at tie West end and at the line of that parcel of land as described in said Rule and Order at the East end. Said strip of land contains 21,496 Sq.FL(0.49 Acres),more or less(+/-),and is subject to:any rights-of- way or other casements of record as now existing on said described strip of land. TOGETHER WITH a temporary construction easement(T.CE.).being Six(6)feet in width along the Southerly sideline of the aforesaid'easement Said strip of land contains 9,212 Sq.FL(0.21 Acres),more or less(+/-),and is subject to any rights-of-way or other casements of recoid as now existing on said described strip of land. SURVEYORS CERTIFICATE I,Jason S.Allee,a Colorado Licensed Professional Land Surveyor do hereby state that this Property Description was prepared by me Or under my personal supervision and checking,and that it is true and correct to the best of my knowledge and belief. t p00.0 q ?SEA P• cs. F.AJ,4'•. Q n •: 3E3 9 `0 pA,A Np Jason S.Al lee-on behalf of tat Colorado Licensed Professional Land Surveyor#38479 Lat400,Inc. Professional Land Surveyors 6250 W.101"Strect,Unit#2 Greeley,CO 80634 970)515-5294 Page 5of6 Lat40e, Inc. 6250.W. 10th Street, Unit 2, Greeley; CO 970-5T5-5294 sty 211 II p RMM- 68 6NEXHIBITA 1" P.M. UTILITY EASEMENT iARYER COUIM t n 1 I I v g ZW u \ . INN A el / I I -it awl I I •.• II(! I e o j I II I m I llllo_ in I I I I I W , b I I I la l W o so, I I II d " vea• I Ng I ry I I F;'I W A' 38 9a I I/J g T.Qi w I J II 1 g r II 8g I I Ili,SHEET 2 of 3 - ss/ `e...... I Jason S. Allee—On beha Au a I r Colorado Uceneed Profess I I Land Surveyor No. 38479 ZNOTE: Ibis exhibit drow"is not Mended to be o monumentedtendswwy. It's sole WrDOee b_os o 9 tlyc represeniotbn 10oldIntheNsuoJbmtionofthewitIpeprtydesulptbnwith Z= It:occanponbe. The written property descrlptlon"wsedes the a V 60YO L4" exhibit dweAn¢ DAIS 5/26/2016am .f{BNU6 PMECTi• Ia15162 Page 6 of 6 L.at40°, Inc. 6250 W. 10th Street„Unit 2, Greeley, CO 970-515-5294 mcmN: 26 EXHIBIT "A 70WN$ 6 6NP. 66WGTHyTMP.Y. UTILITY EASEMENT LARWR COOM 9 2 i I In i9 g1 z 6 e gild W I r o\ a n. N l I II r tI 1 I t i I LM I I II b a,l So w I I rl " in N III H o vQI I rJ ro NI I II I I w'„ I It he jN I II Ili-I o I I` m I I m > x , o eo, I VEq r cc 33 NOTE: This r.hbil dra.lnq Is of W.aded to bra mmam.nted bad Jason.S. ADee—On beho survey. ifs sole purpose is as o orophic represenlotbo to old In the Colorado Licensed ProfessionbuolleatlonofthenIttnproperlydescrtpllonWhichRoccoenponim OATG 5/26/201I The Written property desalp0on supenedaa the ohblt drowi gy Land Surveyor No. 38479 PR08CTp 2015,62