HomeMy WebLinkAbout048 - 04/02/2024 - Authorizing the Conveyance of a Permanent Non-Exclusive Domestic Waterline Easement on Property JoinORDINANCE NO.048,2024
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PERMANENT NON-
EXCLUSIVE DOMESTIC WATERLINE EASEMENT ON PROPERTY
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 in Loveland (the “Property”)known as the
Northern Colorado Regional Airport (the “Airpot’).
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,the Fort Collins-Loveland Water District (the “District”)has requested a
permanent,non-exclusive easement for installation of one or more domestic waterlines
for transmission and distribution of domestic water to serve the terminal (the “Easement”)
over and across that portion of the Airport property legally described and depicted in the
Easement Agreement,attached hereto and incorporated herein by this reference as
Exhibit “A.”
D.The Cities desire to grant the Easement on the terms and conditions as
substantially set forth in the Easement Agreement,which includes that the District will not
pay a specific purchase price for the easement but will instead provide water service
necessary for the terminal.
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 subject to terms and conditions substantially set forth in the Easement
Agreement for less than fair market value serves a boria 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 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 domestic water service for the new public terminal facility
currently being constructed;
b.The use to which the Easement 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 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 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 of Fort Collins or to effectuate the purposes of this Ordinance.
Introduced,considered favorably on first reading on March 19,2024,and approved
on second reading for final passage on the April
ATTEST:
F’
Chief Deputy City
Effective Date:April 12,2024
Approving Attorney:Ryan Malarky
iyor
Clerk
EXHIBIT A TO ORDINANCE NO.048,2024
EASEMENT AGREEMENT
THIS AGREEMENT,made and entered into as of the day of ,20 ,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,with an address of 300 Laporte Aye,
Fort Collins,CO 80521,hereinafter referred to jointly as “the Grantors”and Fort Collins-Loveland Water District,a
Political Subdivision of the State of Colorado,hereinafter referred to as “the District”.This Grant of Utility Easement
is effective as of the date of the City’s Official Acceptance in the City’s signature block below
WHEREAS,the Grantors jointly own and operate the Northern Colorado Regional Airport (the “Airport”)
located in Loveland,Colorado on a parcel of property legally described below;and
WHEREAS,the District desires to install,and obtain an easement for,a waterline necessary to serve the
Airport’s terminal facility that is under construction as of the date of this Agreement.
WITNESSETH:
For and in consideration of the mutual promises and covenants herein contained and other good and valuable
consideration,the receipt and adequacy of which is hereby confessed and acknowledged,the Grantors have granted and
conveyed and by these presents does grant and convey unto the District,its successors and assigns,a permanent non-
exclusive easement for the installation,construction,maintenance,inspection,operation,replacement,or removal of one
(I)or more domestic waterlines for the transmission and distribution of domestic water,and all underground and surface
appurtenances thereto,including metering stations and other fixtures,in,over,across,and upon:
A 20 foot easement,the centerline of which is described in the attached Easement Exbibit.
The parties hereto acknowledge that said easement (hereinafter referred to as “the Easement”)is located on a
parcel of property owned by the Grantors legally described as follows and hereinafter referred to as “the Grantors’
Property”:
A parcel of land,being Dart Larimer County Parcel No.8633006902.situate in the Southeast Quarter (SEI 4)of Section
Twenty-eight (28),Township Six North (T6N.),Ran2e Sixty-eight West (R.68W.I of the Sixth Principal Meridian (6th
P.M.).City of Loveland,County of Larimer,State of Colorado
In addition to the foregoing grant of easement by the Grantors to the District,the Grantors further grant and
convey to the District the following rights and privileges:
A.The right to grade the Easement for the full width thereof in such manner as the District may
reasonably determine to be necessary or advisable.The District will coordinate with Airport staff to perform
such grading at a time that does not unduly interfere with Airport operations.For purposes of this Agreement,
“Airport staff’shall mean the individual(s)designated and authorized by Grantors to make the decisions and
take the actions described and directed herein.The District may rely on information and direction given by
Airport staff and shall have no obligation to veri~’if that particular individual has been duly authorized by the
Grantors to provide such information and/or direction.
B.Subject to Airport security requirements and prior written consent of Airport staff,which shall not
be unreasonably withheld,the right of ingress and egress in,to,through,over and across the Easement by means
of existing roads (whether public or private)located on the Grantors’Property.
C.The right to grade,construct,maintain,and use any access roads upon the Grantors’Property for
such purposes of initial construction and ongoing maintenance with prior written consent of the Airport staff in
the exercise of its right of ingress and egress to and from the Easement.For any construction or alteration on
the Easement or Grantors’Property,the District will be required to complete and submit to the Federal Aviation
Administration a Form 760-I “Notice of Proposed Construction or Alteration.”
D.To mark the location of the Easement with markers set in the ground provided that any such
markers remaining after the period of construction of the domestic waterline and appurtenances shall be placed
in locations which will minimize interference with any reasonable use of the Easement area by the Grantor.
EXHIBIT A TO ORDINANCE NO.048,2024
E.For all the District’s access needs,such access is subject to the prior written consent of Airport staff
pursuant to the Northern Colorado Regional Airport’s security requirements and other applicable laws,plans,
policies,and rules and regulations.It is the parties’intent to provide the District as much reasonable access as
possible to the Easement while complying with the rules and regulations associated with operating the Airport.
F.All other rights necessary and incident to the full and complete use and enjoyment of the Easement
for the purposes herein granted.
G.Other public utilities such as sanitary sewer,storm sewer,gas,electric,and cable lines may be
installed in the Easement so long as they do not interfere with the District’s rights hereunder and meet he
District’s requirements for separation and crossing of utilities.
The Grantor hereby covenants and agrees to and with the District,its successors and assigns that:
A.Except as otherwise provided in this subparagraph A,the Grantors,their heirs,personal
representatives,administrators,successors,and assigns shall not erect or place any permanent building,
structure,improvement,fence,tree,or other landscaping on the Easement,excluding the installation of
permanent paved surfaces,including but not limited to roadways and taxiways needed for Airport purposes.In
the event of the placement of such obstacles on the Easement contrary to the provisions of this subparagraph A,
the District shall have the right to require the Grantors to remove such prohibited obstacles from the Easement
and,in the event the Grantors fail to do so upon request,the District may remove such obstacles without any
liability for repair or replacement thereof.Notwithstanding the foregoing,the Grantors,their heirs,personal
representatives,administrators,successors,and assigns shall have the right,without the consent of the District,
to plant grasses and other groundcover and small shrubs upon the Easement area which are usual and customary
for the full use and enjoyment of the Property.The District shall be responsible at its sole cost and expense for
repair and replacement of any permanent paved surfaces and associated landscaping damaged or removed by
the District.
B.The Grantors do hereby covenant and agree to and with the District that the Grantors are lawfully
seized of the Easement and the Grantors’Property,and that the Grantors have a good and lawful right to convey
the Easement to the District.
The District does hereby covenant and agree to and with the Grantors as follows:
A.The District shall not fence or otherwise enclose the easement,except during periods of
construction and repair.
B.All trenches and excavations made in the laying or repairing of the domestic waterline shall be
properly backfilled and as much of the original surface soil as reasonably possible shall be placed on top.All
large gravel,stones,and clods will be removed from the finished backfill.The District will finish the backfill
after normal settling of the soil so that the use and enjoyment of said Easement by the Grantors shall be suitable
for the purpose now used.The District will maintain the trench area and the domestic waterline at its sole cost
and expense.
C.The District may not use the Easement or any of Grantors’Property for any purpose other than to
transport,serve and distribute potable water.If the Easement is used by the District for any purpose other than
stated herein,the Easement may be terminated at the Grantors’sole discretion and all of the right,title and
interest of District (and District’s successors or assigns)in and to the Easement become null and void,and the
Easement shall absolutely revert to and revest in Grantors as fully and completely as if this instrument had not
been executed,without the necessity for suit or re-entry and District shall remove improvements.No act or
omission on the part of any beneficiary of this paragraph shall be a waiver of the operation or enforcement of
this paragraph.
D.To the extent allowed by law,the District shall be liable for loss and damage which shall be caused
by any wrongful exercise of the rights or ingress or egress to or from the Easement or by wrongful or negligent
acts or omission of its agents or employees during the course of their employment on the Grantors’Property.
To the extent allowed by law,District agrees to indemni~’and hold harmless the Grantors,their officers,
employees,and agents,from and against all liability,claims,and demands on account of any injury,loss,or
damage arising out of or connected with District’s use of the Easement,if such injury,loss,or damage,or any
portion thereof,is caused by,or claimed to be caused by,the act,omission,or other fault of the District or any
officer,employee,agent,or contractor of the District,or any other person for whom the District is responsible.
The District shall noti&Grantors and provide a copy of any and all written claims or demands within two
business days of receipt.The District’s indemnification obligation shall not be construed to extend to any injury,
loss,or damage caused by the negligent act or omission of the Grantors.
EXHIBIT A TO ORDINANCE NO 048,2024
Written notices shall be directed as follows and shall be deemed received when hand-delivered or emailed to the then-
current email address for the addressee,or three days after being sent by certified mail,return receipt requested:
If to Cirantors:
City of Fort Collins
Attn:City Manager
City Hall West
300 LaPorte Avenue
Fort Collins,CO 80521
With a copy to:
City Attorney
City of Fort Collins
City Hall West
300 LaPorte Avenue
Fort Collins,CO 80521
City of Loveland
Attn:City Manager
500 E.Third Street
Loveland,CO 80537
With a copy to:
City Attorney
City of Loveland
500 E.Third Street
Loveland,CO 80537
If to District:
District Engineer
Fort Collins-Loveland Water District
5150 Snead Drive
Fort Collins,CO 80525
It is mutually agreed between the parties hereto that:
A.Except to the extent that such rights may be inconsistent with or interfere with the rights and
privileges herein granted to the District,the Grantors shall retain the right to use and enjoy the Easement.
B.The benefit and burdens of this Agreement shall inure to and be binding upon the respective heirs,
personal representatives,successors,or assigns of the parties hereto.
C.Whenever used herein,the singular shall include the plural and the plural the singular and the use
of any gender shall apply to all genders.
D.This Easement is and shall be subordinate to the provision of existing and future agreements
between the Grantors and the United States relative to the operation or maintenance of the Airport,the execution
of which has been or may be required as a condition precedent to the obtaining or expenditure of federal funds
for the benefit of the Airport.Airport staff shall give the District adequate written notice of any future
agreements that may impair any grant contained in this Agreement.
EXHIBIT A TO ORDINANCE NO.048,2024
E.This Agreement contains the entire agreement of the parties relating to the subject matter hereof
and,except as provided herein,may not be modified or amended except by written agreement of the parties.In
the event a court of competent jurisdiction holds any provision of this Agreement invalid or unenforceable,such
holding shall not invalidate or render unenforceable any other provision ofthis Easement.This Agreement shall
be governed by the laws ofthe State ofColorado,and venue shall be in the County of Larimer,State ofColorado.
F.This Agreement may be executed in separate counterparts,and the counterparts taken together shall
constitute the whole of this Agreement.Facsimile,scanned and other electronic signatures permitted by law,
for purposes of this Agreement,shall be deemed as original signatures.
ci.The District shall at its sole expense record this Agreement in the real property records of the Clerk
and Recorder of Larimer County,Colorado.
EXHIBIT A TO ORDINANCE NO.048,2024
IN WITNESS WHEREOF,the panics have executed this Agreement the day and year first above
written.
GRANTORS:
City of Fort Collins,Colorado
A municipal corporation,
By:
A17EST:
Interim City Clerk Date
APPROVED AS TO FORM:
Assistant City Attorney
City of Loveland,Colorado
A municipal corporation,
By:
AflEST:
City Clerk Date
APPROVED AS TO FORM:
Senior Assistant City Attorney
GRANTEE:
FORT COLLINS LOVELAND WATER DISTRICT,
a quasi-municipal corporation and political subdivision of the State of
Colorado
By:_______________________________
District Engineer
GRANTEE:
FORT COLLINS LOVELAND WATER DISTRICT,
a Political Subdivision of the State of Colorado
EXHIBIT A TO ORDINANCE NO.048,2024
By:________________________
Chris Pletcher,General Manager
STATE OF COLORADO
)ss.
COUNTY OF LARIMER)
The foregoing instrument was acknowledged before me this —day of
Witness my hand and official seal.My Commission Expires:
Notary Public
EXHIBITATO ORDINANCE NO.048,2024
EXHIBIT A
PARCEL DESCRIPTION
A parcel of land,being part Larimer County Parcel No.8633006902,situate in the
Southeast Quarter (SEI/4)of Section Twenty-eight (28),Township Six North (TEN.),Range
Sixty-eight West (R.68W.)of the Sixth Principal Meridian (6th P.M.),City of Loveland,County of
Larimer,State of Colorado and being more particularly described as follows:
COMMENCING at the Center Quarter corner of said Section 28 and assuming the North line of
said Sel 4 as bearing South 87°33’44”East,being a Grid Bearing of the Colorado State Plane
Coordinate System,North Zone,North American Datum 1983/2011,a distance of 2635.84 feet,
monuniented by a 2”iron pipe with 2 a”aluminum cap stamped LS 12936 at the Center Quarter
corner and a #6 rebar with 3.25”aluminum cap stamped LS 38209 1.0’Witness Corner at the East
Quarter corner and with all other bearings contained herein relative thereto;
THENCE South 15°3 I’SO”East a distance of2l 80.47 feet to
THENCE North 70°09’46”East a distance of 20.00 feet;
THENCE South 19°50’14”East a distance of 309.11 feet;
THENCE North 70 I 3’20”East a distance of 130.58 feet;
THENCE North 19 46’40”West a distance of 10.00 feet;
THENCE North 70°13’20”East a distance of 33.74 feet;
THENCE South 19°46’40”East a distance of 136.91 feet;
THENCE North 70°00’19”East a distance of 17.43 feet;
THENCE North 20°00’OO”West a distance of 4.61 feet;
THENCE North 70°00’OO”East a distance of 20.00 feet;
THENCE South 20°00’OO”East a distance of 4.61 feet;
THENCE North 70°00’19”East a distance of 93.53 feet;
THENCE South 19°59’41”East a distance of 20.00 feet;
THENCE South 70°00’19”West a distance of 151.04 feet;
THENCE North 19°46’40”West a distance of 126.98 feet;
THENCE South 7093’20”West a distance of 144.30 feet;
THENCE South 19°50’14”East a distance of 4.14 feet;
THENCE South 25°13’20”West n distance of 14.13 feet;
THENCE South 19°50’14”East a distance of 114.14 feet;
THENCE North 70°09’46”East a distance of 8.38 feet;
THENCE South I 9°50’14”East a distance of 20.00 feet;
THENCE South 70°09’46”West a distance of 28.38 feet;
THENCE North 19°50’14”West a distance of 142.44 feet;
THENCE North 25°13 ‘20”East a distance of 14.13 feet;
THENCE North 19 50’14”West a distance of 324.96 feet to
the POINT OF BEGINNING;
the POINT OF BEGINNING.
Said described parcel of land contains 18,673 Square Feet or 0.429 Acres,more or less (±).
SURVEYORS STATEMENT
I,Steven Parks,a Colorado Licensed Professional Land Surveyor do hereby state that this Parcel
Description was prepared under my personal supervision and checking,and that it is true and
correct to the best of my knowledge and belief
Steven Parks -on behalf of Majestic Surveying,LLC
Colorado Licensed Professional Land Surveyor #38348
II Diamond Val ey Drive,Suite 104
Windsor,Colorado 80550
Z~projects\2O242O24O4O\OE5c\WATERdoc Page I of2
Sewer Easement
SEI/4 Section 28,TEN.,R.68W.
2024 Page 2 of 2
CENTER QUARTER
SECTION 28,t6N.,R.68W.
FOUND 2’RON PIPE WiTh
LS 12936
POINT OF COMMENCEMENT
587’33’44E 2635.84
(BASIS Or BEARINGS)
‘-—,
—n
2 1/2 ALUM.CAP
EAST QUARTER CORNER
SECTION 28.t6N.,R.68W.
—CALCULATED POSI1ION—
FOUND #6 REBAR WiTh 3 1/4”ALUM.CAP
LS 38209
1.0 WITNESS CORNER
‘to
ta
ta ~
POINT OF BEGINNING LINE TABLE
UNE BEARING LENGTH
Li N70’09’46’E 20.00
L2 N1W4640”W 10.00
U N701320’E 33.74
L4 N7000’lg’E 17.43’
L5 N20’OOOOW 4.61
LB N7O’OO’OO”E 20.00’
L7 S20t0’OO”E 4.61’
L8 Slg-sg’41”E 20.00
L9 S19’50’14’E 4.14’
1.10 5251320W 14.13’
Lii N70t9’46”E 8.38’
L12 S19’50’14’E 20.00’
1.13 S7009’46”W 28.38’
L14 N25’13’20”E 14.13’
Note:This drawing does not represent a monumeneed land survey,Its sole purpose is a graphic
representation ofthe accompanying written description.
Notice:According to Colorado law you must commence any legal action based upon any defect in
this survey within three years after you first discover such defect In no event may any action
based upon any defect in this survey be commenced molt than len years from the date ofthe
certification shows hereon (CRS 13.80.105)
ccC
MIoESTIc SURVEYING
PROJECT NO:20204040
DATE:2-13-2024
CLIENT:COL
SCALE 1-10’
SUBJECT PARCEL
18,673 SQ.FT.
0.429 ACRES
*
PARCEL NO,863S(ZVXZ
OWVER;C/TYOFFORTCOWNS
S CITY OPLOfrE/AND
N
Steven Parks,PLS 38348
On behalf of Majestic Surveying,LLC