HomeMy WebLinkAbout082 - 06/07/1994 - AUTHORIZING A NON-EXCLUSIVE UTILITY EASEMENT FOR AN ELECTRIC LINE TO PUBLIC SERVICE COMPANY OF COLOR ORDINANCE NO. 82, 1994
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY TO GRANT A NON-EXCLUSIVE UTILITY
EASEMENT FOR AN ELECTRIC LINE TO PUBLIC SERVICE COMPANY OF COLORADO
WHEREAS, the City of Fort Collins is the owner of the unplatted land
adjacent to Drake Road and Heinemann's Spring Creek Subdivision in Larimer
County, Colorado; and
WHEREAS, the Public Service Company of Colorado wishes to acquire a non-
exclusive easement interest in the property as described in Exhibit "A", attached
hereto and incorporated herein by this reference, to construct, operate,
maintain, repair and replace an electric line; and
WHEREAS, granting this easement will bring utilities closer to the City's
property, which will increase the value of the City property; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is
authorized to sell , convey or otherwise dispose of real property owned by the
City, provided the Council first finds by ordinance that any sale or disposition
of real property owned by the City is in the best interest of the City; and
WHEREAS, pursuant to Section 23-111(b) of the Code, with respect to real
property which is a part of the City's water or utility systems, the Council must
find the disposition of the property will not materially impair the viability of
the system as a whole and that 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 above-described conveyance of a non-exclusive utility
easement interest in the Property to Public Service Company is in the best
interest of the City of Fort Collins.
Section 2. That the Council finds that the conveyance of this easement
will not materially impair the viability of the City's Light and Power utility
system as a whole and will be for the benefit of the citizens of the City.
Section 3. That the Mayor is authorized to execute an agreement conveying
a non-exclusive easement interest for an electric line to Public Service Company
of Colorado over, on, and under the real property described on Exhibit "A."
Introduced, considered favorably on first reading, and ordered published
this 17th day of May, A.D. 1994, and to be presented / final pass3g on the 7th
day of June, A.D. 1994.
Mayor
ATTEST:
City Clerk ��
Passed and adopted on final reading this 7th d f June, A.D.
i�
Mayor
ATTEST:
City Clerk QN
EXHIBIT "A"
Considering the north line of the Northeast 1/4 of said
Section 28 as bearing South 88 degrees 41 minutes 00 seconds West
and with all bearings contained herein relative thereto.
Commencing at the Northeast corner of said Section 28; thence South
88 degrees 41 minutes 00 seconds West, along the north line of said
Northeast 1/4 a distance of 230. 00 feet; thence South 00 degrees 00
minutes 00 seconds West a distance of 30. 00 feet to the south line
of Drake Road, the northwest corner of Lot 1, Heinemann's Spring
Creek Subdivision, the TRUE POINT OF BEGINNING. Thence South 88
degrees 41 minutes 00 seconds West along the south line of Drake
Road, a distance of 400. 00 feet to the easterly line of Hampshire
Pond P.U.D. ; thence South 00 degrees 00 minutes 00 seconds West
along the easterly line of Hampshire Pond PUD a, distance of 30. 00
feet; thence North 88 degrees 41 minutes 00 seconds East a distance
of 400. 00 feet to the west line of said Lot 1; thence North 00
degrees 00 minutes 00 seconds West along the west line of said Lot
1 a distance of 30. 00 feet to the TRUE POINT OF BEGINNING.
The above easement is also described as the northerly 30. 00 feet of
tract described at Book 2156 and recorded February 24 , 1982 .