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HomeMy WebLinkAbout166 - 01/02/1996 - AUTHORIZING A NON-EXCLUSIVE EASEMENT FOR ELECTRICAL SERVICE FOR A WELL TO POUDRE VALLEY RURAL ELECTR ORDINANCE NO. 166, 1995 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY TO GRANT A NON-EXCLUSIVE RIGHT-OF-WAY EASEMENT FOR ELECTRICAL SERVICE FOR A WELL TO POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC. WHEREAS,the City of Fort Collins is the owner of the land known as the Meadows Spring Ranch in Latimer and Weld Counties, Colorado; and WHEREAS, Poudre Valley Rural Electric Association (REA) has a request from Andersite Rock Company to provide electrical service for a well and the only way to provide this service is to go through a portion of Meadows Spring Ranch; and WHEREAS, REA needs a non-exclusive easement interest as described on Exhibit "A", attached hereto and incorporated herein by this reference,to construct, operate, maintain, repair and replace power lines; and WHEREAS, Section 23-111 of the City Code authorizes the City Council to sell interests in real property owned in the name of the City,provided that the Council first finds,by ordinance, that such sale or other disposition is in the best interests of the City; and WHEREAS, Section 23-111 also requires that, with respect to real property which is a part of the City's water or electric utility systems, the Council must find that the disposition will not materially impair the viability of the utility system as a whole. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the above-described sale and conveyance of easement interests is in the best interest of the City of Fort Collins and will not materially impair the viability of the City's water and wastewater utilities as a whole. Section 2. That the Mayor is authorized to execute a Right-of-Way Easement Agreement conveying a non-exclusive easement interest for electrical service to Poudre Valley Rural Electric Association, Inc. Introduced, considered favorably on first reading, and orde published this ay of December, A.D. 1995, and to be presented for final passage o e 2n day of Ja y, A.D/. 1996. �J Ca yor ATTEST: �1 City Clerk Passed and adopted on final reading this 2nd day of January, A.D. 1996. m Mayor ATTEST: 0 City Clerk EXHIBIT"A" An easement to be granted by the City of Fort Collins to Poudre Valley Rural Electric Association (R.E.A.) for the construction, maintenance and enjoyment of an overhead electric powerline and such appurtenances as necessary for the operation of said overhead electric powerline. Said easement is situate,known and being in the SW 1/4 of the NE 1/4 and the SE 1/4 of the NW 1/4 of Section 19 of T11N of R67W of the 6th P.M. in the County of Weld in the State of Colorado, said easement having a width of twenty (20) feet being ten (10) feet either side of a centerline described as follows, to wit: Beginning at a point on the southerly right of way of Weld County Road 128 from which a section corner common to Section 18 and Section 19 of T11N of R67W and Section 13 and Section 24 of T11N of R68W lies N 55 degrees 29 minutes 30 seconds W a distance of 3,178.24 feet; thence, S 18 degrees 26 minutes 05 seconds W a distance of 24.17 feet to an angle point from which the 1/4 corner common to Section 18 and Section 19 measures a distance of 1,803.6 feet; thence, S 83 degrees 49 minutes 25 seconds W a distance of 1,380.43 feet to a point on the easterly right of way of the Interstate Highway 25 frontage road, and to the terminus of the said centerline. TOGETHER WITH: An easement for guying and such appurtenances as required having a width of ten (10) feet being five (5) feet either side of a centerline described as follows, to wit: Beginning at an angle point lying south of the southerly right of way of Weld County Road 128 from which the NW corner of Section 19 lies N 55 degrees 04 minutes 27 seconds W a distance of 3,185.01 feet and the N 1/4 measures 1,803.6 feet from the said point; thence, S 18 degrees 49 minutes 25 seconds W a distance of 45 feet, to the terminus of the said centerline. AND ALSO: Beginning at an angle point lying south of the southerly right of way of Weld County Road 128 from which the NW corner of Section 19 lies N 55 degrees 04 minutes 27 seconds W a distance of 3,185A1 feet and the N 1/4 measures I,803.6feet from said point; thence, N 83 degrees 49 minutes 25 seconds E a distance of 42.0 feet to a point on the southerly R/W of Weld County Road 128, to the terminus of the said centerline. The above described overhead electric powerline easement is 1,404.6 feet in length and effects 28,093 square feet or 0.645 acres more or less and the guying easement effect 560 square feet or 0.013 acres more or less. The total lands effected is 0.658 acres more or less.