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HomeMy WebLinkAbout038 - 04/05/2016 - AUTHORIZING THE CONVEYANCE OF AN ACCESS EASEMENT ON CITY PROPERTY TO PETER AND CRYSTAL HARPERORDINANCE NO. 038, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF AN ACCESS EASEMENT ON CITY PROPERTY TO PETER AND CRYSTAL HARPER WHEREAS, the City is the owner of a parcel of land located in Larimer County, Colorado as described on Exhibit "A", attached and incorporated herein by reference (the "City Property"); and WHEREAS, the City Property is on Highway 14 near the Poudre River, upstream from the City's Water Treatment Plant #1 property, and was purchased in order to help the City's water utility manage and protect the quality of the City's water supply; and WHEREAS, Peter and Crystal Harper (the "Harpers"), who own a parcel of land adjacent to the City Property, recently discovered that the driveway to their property encroaches on the City Property; and WHEREAS; the Harpers have requested an easement from the City that would allow their driveway to remain in the present location, rather than excavate a new driveway; and WHEREAS, City staff has investigated the situation and possible alternatives, and concluded that the present location of the driveway does not increase the erosion risk on the City Property, but excavating a new driveway in an alternate location would create new, significant erosion hazards; and WHEREAS, the proposed access easement is described on Exhibit "B", attached and incorporated herein by reference (the "Easement"); and WHEREAS, the Harpers would pay $500 as compensation for the Easement, as well as a 1,000 fee to cover Real Estate Services time spent processing the easement request; and WHEREAS, in addition, the Harpers have been cooperating with the Coalition for the Poudre River Watershed (CPRW) in allowing post-fire restoration work to be performed on,the Harpers' property, and have also been facilitating discussions between CPRW and other property owners in the same basin area; and WHEREAS, CPRW's restoration work in this basin will further protect the City's water supply from erosion, and City staff appreciates the Harpers' assistance in this'regard; and WHEREAS, at its regular meeting on February 18, 2016, the Water Board voted to recommend approval of the Easement to the Harpers; 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 1- s City and, with respect to property that is part of the City's water or utility systems, that the disposition will not materially impair the viability of the particular 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 the City's conveyance of the Easement to the Harpers as provided herein is in the best interests of the City, will not materially impair the viability of the City's water system as a whole, 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 the Harpers 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 description of the Easement, as long as such changes do not materially increase the size or change the character of the interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 15th day of March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016. O4FpRT Cp<lj Mayor ATTEST: LSEA , City Clerk COLORP Passed and adopted on final reading on the 5th day of April, A.D. 2016. O OVIT C94 SEAS oo ayor ATTEST:COLO?- City Clerk 2- Exhibit"A" City Property Parcel Number: 08052-00-906 L Legal Description (Per County Assessor): E 1/2 OF NW 1/4, NW 1/4 OF NE 1/4; LESS 936-39; ALSO POR SW 1/4 OF NE 1/4 DESC IN 1744-770 Exhibit B Description: A portion of the East 1/2 of the Northwest 1/4 of Section 5, Township 8 North, Range 70 West, Larimer County, Colorado being described as the West 120.00 feet of the South 70.00 feet of the East 187.00 feet of the East 1/2 of the Northwest 1/4 of Section 5, Township 8 North, Range 70 West, Larimer County, Colorado;being more particularly described as follows: COMMENCE at the Southeast corner of the East 1/2 of the Northwest 1/4 of Section 5, Township 8 North, Range 70 West, Larimer County, Colorado; thence S 88°57'31" W for a distance of 67.00 feet along the South line of said East 1/2 to the POINT OF BEGINNING; thence continue S 88°57'31" W for a distance of 120.00 feet along said South line; thence N 00°48'13" W for a distance of 70.00 feet parallel with the East line of the aforesaid East 1/2 of the Northwest 1/4 of Section 5; ' thence N 88°57'31" E for a distance of 120.00 feet parallel with aforesaid South line of the East 1/2; thence S 00°48'13" E for a distance of 70.00 feet parallel with aforesaid East line of the East 1/2 to the Point of Beginning; Containing 8,400 square feet, more or less, and being subject to any easements or rights of way of record. This description was created on March 1, 2016 by M. Bryan Short, Licensed Colorado PLS No. 32444..