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HomeMy WebLinkAbout179 - 12/20/1994 - AUTHORIZING THE SALE OF PROPERTY TO THE BOXELDER SANITATION DISTRICT ORDINANCE NO. I70-, I994- OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE SALE OF PROPERTY TO THE BOXELDER SANITATION DISTRICT WHEREAS, the City of Fort Collins ("the City") supports the concept of regional wastewater treatment; and WHEREAS, the City believes that neighboring sanitation districts and the City should seek out areas of mutual cooperation that lead towards regional solutions to wastewater treatment needs; and WHEREAS, the Boxelder Sanitation District ("the District") is considering the option of expanding its wastewater treatment lagoon system in order to comply with certain requirements established by the State of Colorado Water Quality Control- Div-ision (-"the Division")-; and- WHEREAS, the District has expressed its intention to submit a site application to the Division for the expansion of its lagoon system; and WHEREAS, the District has submitted a formal request to the City to acquire from the City that certain parceT of reaT property described on Exhibit "A, " attached hereto and incorporated herein by reference, to accommodate the District's plans to expand its lagoon system, which real property shall be hereinafter referred to as "Tract A"; and WHEREAS-, the- District has- also submitted- a- formal- request to theCity_ to- acquire from the City that certain parcel of real property described on Exhibit "B, " attached hereto and incorporated herein by reference, and to acquire an easement for access and underground utilities, which easement is described on Exhibit "C, " attached hereto and incorporated herein by reference, which real property and easement shall be hereinafter referred to respectively as "Tract B" and "the Easement"; and WHEREAS, the City has serious concerns about the use of lagoon systems to treat commercial and industrial wastes typically generated in urban service areas; and WHEREAS, the City believes the limitations of a lagoon system have inhibited appropriate economic growth in the northeast quadrant of Fort Collins; and WHEREAS, the City is aware of concerns expressed by customers of the District about the value and appropriateness of a lagoon system; and WHEREAS, the City owns and operates existing wastewater treatment facilities which have the capacity to treat all or part of the District's wastewater; and WHEREAS, the Division is the appropriate agency to determine the technical merits of any future site application submitted by the District to expand its lagoon system; and WHEREAS, the City intends to express its concerns and objections to any such site application submitted by the District to the Division; and WHEREAS, in addition to obtaining from the Division the necessary approval for its site application, the District may also be required to have its proposed expansion reviewed by Larimer County in accordance with C.R.S. Section 30-28-110 and by the City in accordance with C.R.S. Section 31-23-209; and WHEREAS, such review by Larimer County and the City, while non-binding on the District, will provide the- City and the public with additional opportunities to express any concerns and objections they may have regarding the proposed expansion; and WHEREAS, the District desires to acquire Tract B in order to more clearly establish the boundary line between its real property known as the Boxelder Treatment Plant with a street address of 2705 Southwest Frontage Road, Fort Collins, Colorado, hereinafter referred to as "the District Property, " and the City's adjacent real property; and WHEREAS, the District desires to acquire the Easement in order to provide an easement for access and for underground utilities to serve the District Property to be used by the District in its operation of its Treatment Plant; and WHEREAS, the City has agreed to grant the Easement to the District provided that the District agrees that in the event the District Property is no longer owned by the District, that the Easement shall terminate; and WHEREAS, in the spirit of intergovernmental cooperation and in the interest of avoiding time consuming and expensive litigation, the City would reluctantly consider selling Tract A as requested by the District provided that: (a) the Division determines that the expansion of the District's lagoon system is consistent with state and federal- water quality- laws,- rules, regulations, goals and policies, and thus approves the District's site application to expand the lagoon system; (b) the District complies with the review requirements of C.R.S. Section 30-28-110 and C.R.S. Section 31-23-209 if they are applicable to the District's proposed expansion of its lagoon system and pursuant to these statutes the District is authorized to proceed with such expansion; (c) the District agrees to make a good faith effort to participate with the City in the future in developing cooperative and/or regional strategies and plans for wastewater treatment; (d) the District's Board of Directors meets with the City's Water Board prior to July 1, 1995, for the purpose of discussing potential areas of mutual cooperation with regard to regional wastewater treatment; and 2 (e) the District keeps the City informed, together with other parties that have expressed an interest in the District's plans to expand its lagoon system, about the site application process, and shall advise the City and other interested parties of all opportunities for comment during the process. WHEREAS, Section 23-111 of the City Code authorizes the City Council to sell , convey or otherwise dispose of any and all interests in real property owned by the City which is a part of the City'.s waste water utility system, provided that the Council finds, with respect to such sale or other dispositions, that: (1) it is in the best interests of the City; (2) it will not materially impair the- viability of thL- wastewater utility system as a- whole; and (3)- it 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 Council hereby finds that the City's disposition of Tract A on the terms and conditions described in Section 2. below and the disposition of Tract B and the Easement on the terms and conditions described in Section 3. below are in the best interests of the City, will not materially impair the viability of the wastewater utility system as a, whole, and will be for the benefit of the citizens ofthe City. - Section 2. That the Council hereby authorizes the sale of Tract A to the District for the total purchase price of Ten Thousand Dollars ($10,000), provided that: (a) the Division determines that the expansion of the District's lagoon system is consistent with state and federal water quality laws, rules, regulations, goals and policies, and thus approves the District's site application to expand the lagoon system; (b) the District complies with the review requirements of C.R.S. Section 30-28-110 and C.R.S. Section 31-23-209 if they are applicable to the District's proposed expansion of its lagoon system and pursuant to these statutes- the District is authorized- to proceed- with such- expansion; (c) the District agrees to make a good faith effort to participate with the City in the future in developing cooperative and/or regional strategies and plans for wastewater treatment. (d) the District's Board of Directors meets with the City's Water Board prior to July 1, 1995, for the purpose of discussing potential areas of mutual cooperation with regard to regional wastewater treatment; and (e) the District keeps the City informed, together with other parties that have expressed an interest in the District's plans to expand its .lagoon system, about the site application process, and shall 3 advise the City and other interested parties of all opportunities for comment during the process. Section 3. That the Council hereby authorizes the sale of Tract B and the Easement to the District for the total purchase price of Five Thousand Dollars ($5,000), provided that the District agrees that. the Easement shall terminate in the event that the District Property is no longer owned by the District. Section 4. That the Mayor is hereby authorized to execute such agreements of purchase and sale with the District and such other documents and instruments of conveyance as are necessary for the sale of Tract A in accordance with the provisions of Section 2. of this Ordinance and for the sale of Tract B and the Easement in accordance with Section 3. of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 6th day of December, A.D. 1994, and. to be present r final passa n the 20th day of December, A.D. 1994. 54� i!/?iL 11 or ATTEST: �� U�lr-mod C i ty C I eikn� Passed and adopted on final reading this 20th da December, A.D. 994. �V Ma or ATTEST: City Clerk- 4 EXHIBIT "A" Legal Description Parcel .A. A parcel of land located in the Northeast Quarter of Section 28, Township 7 North, Range 68 West of the 6th P.M. , Larimer County, Colorado, being more particularly described as follows; Commencing at the Northeast corner of Said Section 28 and considering the North line of the Northeast quarter of Said Section 28 to bear North 89017/0011 West with all bearings contained herein relative thereto;. Thence along the North line of the Northeast Quarter of Said Section 28 , North 89*17100" West, a distance of 865 . 22 feet to the Northeast corner of that certain parcel of land described in Book 1295 under Reception #894647 of the Larimer County records. Thence South 60048140" West, a distance of 306 .09 feet to the True Point Of Beginning; Thence continuing along Said line, South 60048/40/1 West, a distance of 849 . 18 feet; Thence North 02*0610011 East, a distance of 424 . 45 feet; Thence South 89012/30/1 East, a distance of 725 .87 feet to the True Point of Beginning. Said parcel contains 3 .5356 acres more or less and is subject to any easements or rights-of-way of record or that may now currently exist on Said parcel of land. 1, Kevin R. King, a duly registered land surveyor in the State of Colorado, do hereby state that this description was prepared by me or under my direct supervision and is true and correct to the best Of my`\` � kn ledge. r Kev R.� Y�fc1 t Date / 1200` G?�.,4sh $,tr.06t, Suite C WindSO, �i Oottsp O-]s-4 A 910IIB.B EXHIBIT "B" Legal Description Parcel 'B' A parcel of land located in the Northeast Quarter of Section 28, Township 7 North, Range 68 West of the 6th P.M. , Larimer County, Colorado, being more particularly described as follows; Commencing at the Northeast corner of Said Section 28 and considering the North line of the Northeast quarter of Said Section 28 to bear North 8911710011 West with all bearings contained herein relative thereto; Thence along the North line of the Northeast Quarter of Said Section 28 , North 8901710011 West, a distance of 865. 22 feet to the Northeast corner of that certain parcel of land described in Book 1295 under Reception #894647 of the Larimer county records. Said point being the True Point of Beginning. Thence along the North line of Said parcel South 59°32100" West, a distance of 1171 . 44 feet to the Northwest corner of Said parcel; Thence North 0200610011 East, a distance of 30.57 feet; Thence North 60048/40/1 East, a distance of 1155. 27 feet to the True Point of Beginning. Said parcel contains 15, 091 square feet more or less and is subject to any easements or rights-of-way of record or that may now currently exist on Said parcel of land. I, Kevin R. King, a duly registered land surveyor in the State of Colorado, do hereby state that this description was prepared by me or under my direct supervision and is true and correct to the best of my b and knowledge. Ke$ Date LSILg4Ap685 12 ^�Ash S '7C2¢t, Suite C Win ••••GXi••°°0z55o �qq/ipA[`IL W\1 0' CPtc..1� 7-26-9• P 19)098.LP9 EXHIBIT "C" Easement Description #1 A utility and access easement of varing width, located in the Northeast Quarter of Section 28, Township 7 North, Range 68 West of the 6th Principal Meridan, Larimer County, Colorado, the perimeter of said easement being more particularly described as follows: Commencing at the Northeast corner of Section 28 and considering the- North line- of the- Northeast Quarter to bear NOrttr 890-17-'-0011- West with all bearings contained herein relative thereto; Thence along the North line of the Northeast Quarter of said Section 28 North 89017/00/1 West, a distance of 865. 22 feet to the Northeast corner of a parcel of land described in Book 1295 under Reception #894647 of the Larimer County Records; Said point being the True Point of Beginnings Thence South 6004V 40° West, a distance of 306. 09 feet; Thence North 89012/3011 West, a distance of 39. 67 feet; Thence North 00043 /00/1 East, a distance of 152 . 56 feet to the North line of the Northeast Quarter of said Section 28 ; Thence along said line South 89017/0001 East, a distance of 305.00 feet to the True Point of Beginning. Said parcel contains 0 . 6037 acres more or less and is subject to any easements or Rights-of-Way of record or that may currently exist on said parcel of land I , Kevin R. King, a duly registered land surveyor in the state of Colorado, do hereby state that this description was prepared by me or under my direct supervision and is true and correct to the best of my belief AtngrArwledge. //n wgApp DEGI Kevin R. g OD ! ate LS #2 68 ,. 1200 W. A t��, ` Windsor, C Q , St �Q dap 4jnpruntuLimruoS CORAEB/] 1DZR. AIDO%ELDEfl.1 Easement Description #3 A 60 foot wide access and utility easement located in the Northwest Quarter of Section 27 , Township 7 North, Range 68 West of the 6th Principal Meridian, Larimer County Colorado, the perimeter of said easement being more particularly described as follows: Commencing at the Northwest corner of said Section 27 and considering the North line of the Northwest Quarter to bear North 89026157" East with all bearings contained herein relative thereto, Said point being the True Point of Beginning; Thence along said line North 8902615711 East, a distance of 344 .16 feet to the Westerly Right-of-Way line of Interstate Highway I-25; Thence along said line South 12657/4911 East, a distance of 61. 44 feet; Thence parallel with the North line of the Northwest Quarter of said Section 27 , South 89026/5711 West, a distance of 357.56 feet to the West line of the Northwest Quarter of said Section 27; Thence along said line North 00021f56" West, a distance of 60.00 feet to the True Point of Beginning; Said parcel contains 0 . 4833 acres more or less and is subject to any easements or Rights-of-Way of record or that may currently exist on said parcel of land. 1 , Kevin R. King, a duly registered land surveyor in the state of Colorado, do hereby state that this description was prepared by me or under my direct supervision and is true and correct to the best of my belief and knowledge. ` 1: um I C`��°•°WlpEfls �ri�s d �5 R LSv °685ENS 'A= Date 1200 *.-,AshStrg°� to C Wind�b '"�O 1. � g / �lI ODRRCPI� 10-36-D� AtBONBL➢QR.i