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Home My WebLink About008 - 02/06/2024 - AUTHORIZING THE CONVEYANCE OF A PERMANENT NON-EXCLUSIVE UTILITY EASEMENT JOINTLY OWNED BY THE CITY OORDINANCE NO.008,2024 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERMANENT NON-EXCLUSIVE UTILITY EASEMENT JOINTLY OWNED BY THE CITY OF FORT COLLINS AND THE CITY OF LOVELAND AT THE NORTHERN COLORADO REGIONAL AIRPORT FOR THE NEW AIRPORT TERMINAL FACILITY A.The City of Fort Collins (“City”)and the City of Loveland (“Loveland”) (collectively,the “Cities”)jointly own property located in Loveland (the “Property”)known as the Northern Colorado Regional Airport (the “Airport”). B.The Cities currently operate and maintain the Airport pursuant to that certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Airport dated January 22,2015,as amended (the “IGA”). C.In connection with the ongoing construction of the new airport terminal facility project,Loveland Utilities has requested a permanent non-exclusive easement for installation of Loveland-owned utility systems to serve the terminal (the “Easement”)over and across that portion of the Airport property legally described and depicted on Exhibit A attached hereto and incorporated herein by this reference (the “Easement Property”). D.The Cities desire to grant the Easement on the terms and conditions more fully set forth in the Grant of Utility Easement attached hereto as Exhibit A and incorporated herein by this reference (the “Easement Agreement”). E.City Code Section 23-111(a)authorizes the City Council to sell,convey or otherwise dispose of any interest in real property owned by the City,provided the City Council first finds,by ordinance,that such sale or other disposition is in the best interest of the City. In light of the foregoing recitals,which the Council hereby makes and adopts as determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1.The City Council hereby finds that the City’s conveyance of the Easement on the terms and conditions set forth in the Easement Agreement for less than fair market value serves a bona fide public purpose and is in the best interests of the City as required by City Code Section 23-114 because: a.The use to which the Easement Property will be put promotes health,safety or general welfare and benefits a significant segment of the citizens of Fort Collins by facilitating public investment in and improvement of the Airport and the users it serves, and will allow utility service for the new public terminal facility currently being constructed; b.The use to which the Easement Property will be put supports one (1)or more of the City Council’s goals,adopted policies,projects or plans,including the Airport Master Plan,which was approved by Council; c.The financial support provided by the City through the below-market disposition of the Easement Property will be leveraged with other funding or assistance enabling the construction and operation of the new terminal facility,which the City has partnered with the City of Loveland to complete; d.The sale or lease will not result in any direct financial benefit to any private person or entity,except to the extent such benefit is only an incidental consequence and is not substantial relative to the public purpose being served because it will enable development of the new public terminal facility for the benefit of the Cities and the greater public;and e.Granting the Easement for less than fair market value will not interfere with current City projects or work programs,hinder workload schedules,or divert resources needed for primary City functions or responsibilities and will ultimately benefit the Airport and the Cities. Section 2.The City Council hereby authorizes the Mayor to execute the Easement Agreement substantially in the form attached hereto as Exhibit “A”with such modifications or 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 or effectuate the purposes of this Ordinance. Introduced,considered favorably on first reading on January 16,2024,and approved on second reading for final passage on February 6,2024. j/j4 yor ATTEST: Interim City Clerk Effective Date:February 16,2024 Approving Attorney:Ryan Malarky EXHIBIT A TO ORDINANCE NO.008,2024 GRANT OF UTILITY EASEMENT THIS GRANT OF UTILITY EASEMENT is made and entered into by and between the CITY OF LOVELAND,COLORADO,a municipal corporation,with an address of 500 E.Third Street,Loveland,CO 80537,and the CITY OF FORT COLLINS,COLORADO,a municipal corporation (“Grantor”),with an address of 300 Laporte Aye,Fort Collins,CO 80521,and the CITY OF LOVELAND,COLORADO,a Colorado home rule municipal corporation (“City”),with an address of 500 E.Third Street,Loveland,Colorado 80537.This Grant of Utility Easement is effective as of the date of the City’s Official Acceptance in the City’s signature block below. WITNESSETH: FOR GOOD AND VALUABLE CONSIDERATION,the adequacy and receipt of which is hereby acknowledged,Grantor has this day bargained,sold,conveyed,transferred,and delivered unto the City,its successors,and assigns,in perpetuity,a non-exclusive easement in,over,under, through,and across the real property described below for purposes of constructing,repairing, replacing,relocating,inspecting,operating,maintaining,and accessing City-owned utility systems across,through,upon,and under the real property described on the attached Exhibits A and B (the “Easement Area”);provided,however,that the City shall restore the ground surface to its prior condition after any disturbance of such surface.The term “City-owned utility systems,”means above and below ground wires,lines,cables,ducts,conduits,pipes,pumps,pedestals,risers,poles, vaults,manholes,fire hydrants,pull boxes,and any other equipment,appurtenances,and structures associated with electric,water,wastewater,communications,and stormwater systems that are owned and operated by the City. Grantor is prohibited from constructing or placing on any part of the Easement Area without prior written approval from the City any fence or gate,building,above or below ground utility systems or appurtenances not owned or maintained by the City,or any other permanent or substantial structure.Grantor is prohibited from making or permitting any use of the Easement Area that would impair,impede,or interfere with the City’s access to or along the easement,or the City’s full free use and exercise of the easement.The City shall be permitted to immediately remove without liability for damages any obstruction prohibited by this easement that interferes with the City’s access to the City-owned utility systems or impairs the City’s fUll free use and exercise of the easement. The Grantor or their successors and assigns owns the trees and other vegetation on the Easement Area,and the Grantor acknowledges,for itself and for all successors and assigns,that this easement provides the City with the authority to cut and remove trees and other vegetation that encroaches upon the Easement Area if,in the sole discretion of the City,such trees or vegetation interfere with the City’s use and enjoyment of this easement. The Easement Area hereby granted,situated in Larimer County,Colorado,is described as follows: Exhibit A Easement Description Exhibit B Easement Drawing Rev.4-2023 EXHIBIT A TO ORDINANCE NO.008,2024 TO HAVE AND TO HOLD said easement unto the City,its successors,and assigns forever.This perpetual easement and the rights,benefits,and obligations created hereby constitute a burden upon the estate of Grantor in the underlying lands and shall run with the land and be binding upon Grantor and its successors,personal representatives,assigns,and heirs.Grantor does hereby covenant with the City that it is lawfully seized and possessed of the real property above described,that it has a good and lawful right to convey the easement herein granted,that the easement is free and clear of all liens and encumbrances,and that it will forever warrant and defend the title thereto against lawful claims of all persons whomsoever. TN WITNESS WHEREOF,Grantor has executed this Grant of Utility Easement on the date below. GRANTOR: By: Date:___________________________________________ Print Name:___________________________ Title:___________________________________________ State of___________________) )88 County of___________) Acknowledged before me this day of ,20_,by (Name)____________________________________as (Title) Witness my hand and seal.My commission expires: _______________________(SEAL) Notary Public OFFICIAL ACCEPTANCE BY THE CITY OF LOVELAND APPROVED AS TO FORM: Stephen C.Adams,City Manager Assistant City Attorney ATTEST: _______________________________(SEAL) City Clerk Date Rev.4-2023 EXI-UPif ‘~NORTHERN LEGAL DESCRIPTION AND EXHIBIT EN C!N EER INC DESCRIPTION A tract of land being a portion of Tract “B”of Barnstorm Second Addition,recorded August 12,1986,as Reception No.19860044345 of the Records of Larimer County and situate within Sections Twenty-eight (28)and 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 Larimer,State of Colorado,being more particularly described as follows; Considering the easterly line of the Southeast Quarter of the said Section 28 as bearing North 000 07’30”East,an assumed bearing,and with all bearings contained herein relative thereto: COMMENCING at the Southeast Corner of the said Section 28,THENCE along said easterly line,North 00°07’30” East for a distance of 40.00 feet to the northerly right-of-way line of Earhart Road;THENCE continuing along said northerly right-of-way Line,South 86°23’26”West for a distance of 501.01 feet;THENCE North 89°01’49”West for a distance of 864.74 feet to the beginning of a non-tangential curve;said curve being concave to the south, with a Delta of 118°34’06”,having a radius of 50.00 feet,a length of 103.47 feet and a long chord bearing South 84°48’58”West for a distance of 85.97 feet to the POINT OF BEGINNING; THENCE continuing along said curve,being concave to the southeast,with a Delta of 11°42’44”,having a radius of 50.00 feet,a length of 10.22 feet and a long chord bearing South 19°40’33”West for a distance of 10.20 feet; THENCE departing said right-of way North 58°52’32”West for a distance of 45.90 feet; THENCE North 54°29’20”West for a distance of 41.93 feet; THENCE North 72°52’32”West for a distance of 36.35 feet; THENCE North 82°18’50”West for a distance of 36.39 feet; THENCE North 78°52’32”West for a distance of 29.97 feet; THENCE North 71°34’33”West for a distance of 66.11 feet; THENCE South 31°3441”West for a distance of 12.79 feet; THENCE South 70°C?’28”West for a distance of 46.59 feet; THENCE South 19°52’32”East for a distance of 2.50 feet; THENCE South 70°07’28”West for a distance of 15.00 feet; THENCE North 19°52’32”West for a distance of 15.00 feet; THENCE North 70°07’28”East for a distance of 15.00 feet; THENCE South 19°52’32”East for a distance of 2.50 feet; THENCE North 70°C?’28”East for a distance of 43.10 feet; THENCE North 31°3441”East for a distance of 7.92 feet; THENCE North 19°52’32”West for a distance of 10.59 feet; THENCE North 70°C?’28”East for a distance of 2.59 feet; THENCE North 19°52’32”West for a distance of 69.71 feet; THENCE South 70°07’28”West for a distance of 2.50 feet THENCE North 19°52’32”West for a distance of 16.00 feet; THENCE North 70°07,28”East for a distance of 15.00 feet; THENCE South 19°52’32”East for a distance of 16.00 feet; THENCE South 70°07’28”West for a distance of 2.50 feet; THENCE South 19°52’32”East for a distance of 69.71 feet; THENCE North 70°07’28”East for a distance of 2.41 feet THENCE South 19°52’32”Eastfor a distance of 10.89 feet; THENCE South 71°34’33”East for a distance of 63.56 feet; THENCE South 78°52’32”East for a distance of 29.03 feet; THENCE South 82°18’50”East for a distance of 36.92 feet; THENCE South 72°52’32”East for a distance of 38.79 feet; THENCE South 54°29’20”East for a distance of 43.16 feet; THENCE South 58°52’32”East for a distance of 43.49 feetto the POINT OF BEGINNING. The above-described tract of land contains 4,483 square feet or 0.10 acres,more or less (±),is meant to surround the as-constructed location of the utility,and may be subject to easements and rights-of-way now on record or existing. Exhibit attached hereto and made a part hereof. EXHIBIT A TO ORDINANCE NO,000,2024 EXHIBIT B A TRACT OF LAND BEING A PORTION OF TRACT “B’OF BARNSTORM SECOND ADDITION,BEING SITUATE WITHIN SECTIONS 28 &33,TOWNSHIP 6 NORTh,RANGE 68 WEST OF ThE 6th P.M.,CITY OF LOVELAND,COUNTY OF LARIMER,STATE OF COLORADO LINE BEARING LENGTH 7 N70 07’25’S 15.00’ L13 SI9~52’32’S 2.50 114 N70’Or 28’S 43.10 7~N31 34’41’S 7.92 116 HIS 52 32W 10.59’ 77 NW 07’28’E 2.59’ 7V Nit 52’37W 69.71’ 119 570 07’28’W 2.50? 120 NIB 52’37W 16.00’ir N70 07’25’S 15.00 122 819 52’STE 16.00’ CURVE TABLE CURVE DELTA RADIUS LENGTH BEARING CHORD Cl 116 34’OO 50.00’103.47 S84’45’5rW 85.97 C2 II 42’4C 50.00’1022 S1940’33W 10.20’ N NOTE THIS EXHIBIT IS NOT INTENOSD TO BE A MONUMENTED LAND SURVEY ITS SOLE PURPOSE IS ASA GRAPHIC REPRESENTATION TO AID N THE VISUALIZATION OF TNE WRITTEN PROPERTY DESCRIPTION WHICH IT ACCOMPANIES.THE WRITTEN PROPERTY DESCRIPTION SUPERCEDES THE EXHIBIT DRAWING. LINE TABLE LINE TABLE LINE TABLE NE BEARING LENGTH I N58 5737W 45.90’ 12 N~29’20W 41 93’ 3 N72 52’32W 36.35 14 N82 lWS0’W 36.30 15 N78 52 37W 29.97’ 1,6 N71 34’37W 66.11’ 17 531 34’4iW 12.79’ 15 870 07’25W 46.59’ 19 519 52370 2.50’ 110 870 07’2rW 15.00? Ill Hit 5737W 15.00’ SYMBOL LEGEND LINE BEARING lENGTH 123 570 07’25’W 2.50? .24 519 52’82E 69.71’ 125 N70 07’255 2.41’ 1,26 819 Sr 37€10.59’ 127 571 34’33’S 63.56’ 125 578 52’STE 29.03’ L,29 562 l5’SOE 36.92 130 $72 Sr 32E 36.79’ 131 S54 29’20E 43 16’ 132 558 52’32E 43.49’ •S ON CORNER~0 TRIC EOUIPMENT LINE LEGEND EASEMENTLINE RIGHT OF WAY PROPOSED ELECTRIC CONDUET —SEC1’IONIINE E 114 COP OR SEC 28 T~4 119 \\y,,....10.0?_____________________________________________________ TRACT B’ 4.45380.Fl’•BARNSTORM 2NDADDITION/010ACRES~l’ cP~~\l~ CITY OF LOVELAND CITY OF FORT COLLINS 10.0’t6~~0INT OF BEGBINING Cl %~J7 TRACT’S’C OWNER NAME “—02 CITY OF FORT COLLINS BARNSTORM 2ND ADDITION 40 CITY OF LOVELAHO 6D 0 6DFe&I NORTHE~~~\1~ENGINEERING I MUNICIP*L,L*~~0 DC~EtOPMENT )~IN U.S.SURVEY FEET 1 inch =60 It, IIILWIVSTJO582II.6150*SOIIIOITSJS7OI2 EMINENT RSIII5T.090 NORTH RIGHT OF EARHART RD.-~~rNB9’Ol’drW EMTHART RD. IPUBLIC RIGHT OF WAY WIDTH VARIES) PAGE 2 OF 2 POINT DFI I SE.COW OF SEC.28 TON R6SW LOTI BARNSTORM 1ST OWNERNAME I —I CITY OF FORT COLLINS I 0,CITY OF LOVELAND