HomeMy WebLinkAbout246 - 01/05/1999 - AUTHORIZING THE GRANT OF A NON-EXCLUSIVE EASEMENT TO PRPA FOR THE RELOCATION OF A WATER LINE ORDINANCE NO. 246, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE GRANT OF A NON-EXCLUSIVE EASEMENT TO
PLATTE RIVER POWER AUTHORITY FOR THE RELOCATION
OF A WATER LINE
WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property
located at 4316 LaPorte Avenue in Larimer County,Colorado,known as Water Treatment Plant No.
2; and
WHEREAS the City of Fort Collins Utility(the"City Utility")has established a Master Plan
for new facilities and improvements to existing facilities for the transmission of water(the"Master
Plan Improvements Project"); and
WHEREAS,Platte River Power Authority("PRPA")currently has an existing water line that
is located in an easement previously granted by the City at the Water Treatment Plant No.2,as more
particularly described on Exhibit"A",attached hereto and incorporated herein by this reference(the
"Existing Easement Area"); and
WHEREAS,the City Utility and PRPA desire to relocate the water line currently located in
the Existing Easement Area in accordance with the Master Plan Improvements Project to a new
location at Water Treatment Plant No.2 more specifically described on Exhibit"B",attached hereto
and incorporated herein by this reference(the "New Easement Area"); and
WHEREAS, in order to carry out the relocation, the City Utility has recommended that the
City grant to PRPA a nonexclusive utility easement for a water line on the New Easement Area,in
exchange for the relinquishment by PRPA of its existing easement on the Existing Easement Area;
and
WHEREAS, the proposed relocation of PRPA's water line will assist the City Utility in
carrying out the Master Plan Improvement Project, and is not expected to result in any detrimental
impacts to Water Treatment Plant No. 2, the City Utility, or the City; 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 for use by the City Utility,
provided the Council first finds by ordinance that any sale or other disposition of real property will
not materially impair the viability of the utility system as a whole, and that the proposed action is
in the best interest of the City of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the relocation of the PRPA water line from the Existing Easement Area
to the New Easement Area,and the related grant of easement to PRPA over the New Easement Area
will not materially impair the viability of the City Utility system, and is in the best interest of the
City of Fort Collins.
Section 2. That the City Manager be, and hereby is,authorized to execute an Easement
Agreement with PRPA by which the City shall grant an easement over the New Easement Area for
the relocation of the PRPA water line, in exchange for the abandonment and relinquishment by
PRPA of all right, title and interest in the Existing Easement Area, together with such additional
terms and conditions and conveyance documents as the City Manager, in consultation with the City
Attorney, determines are necessary to protect the interests of the City, consistent with the terms of
this Ordinance.
Introduced, considered favorably on first reading, and ordered published this 15th day of
December,A.D. 1998, and to be presented for final passage on the 5th-lay of January, 1999.
ATTEST:
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City Clerk
Passed and adopted on final reading this 5th day of Janu , A.1.4999.
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Mayor /
ATTEST:
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City Clerk
EXHIBIT "A"
Considering the East line of said Northeast Quarter of Section 7 as bearing North 00042100"East and
with all bearings contained herein relative hereto: Commencing at the East One-quarter corner of
said Section 7; thence along said East line of the Northeast Quarter North 00°42'00" East 1320.92
feet to the TRUE POINT OF BEGINNING; thence South 89'16'32" West 1305.66 feet to a line
which is parallel with and 15.00 feet (measured at right angles) West of an existing 54 inch
underground watermain;thence along said parallel line South 25.00 feet;thence leaving said parallel
line North 89°16'32" East 1305.35 feet to said East line of the Northeast Quarter;thence along said
East line North 00°42'00" East 25.01 feet to the TRUE POINT OF BEGINNING.
Said Tract contains 32,635 square feet, more or less.
EXHIBIT "B"
DESCRIPTION: 30 UTILITY EASEMENT (Platte River Power Authority)
An easement located in the Northeast Quarter of Section 7, Township 7 North, Range 69 West of
the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more
particularly described as follows:
Considering the East line of said Northeast Quarter of Section 7 as bearing North 00°29'33"East and
with all bearings contained herein relative thereto:
An easement 30 feet in width and shall be 15 feet each side measured at right angles and parallel
with the centerline described as follows:
Commencing at the East Quarter comer of said Section 7; thence along said East line, North
00°29'33" East, 1311.28 feet; thence, North 89'30'27" West, 463.86 feet to the POINT OF
BEGINNING ofsaid centerline;thence,South 00°00'00"West,379.75 feet;thence,South 88°56'44"
West,222.81 feet;thence,South 43°55'59" West,42.91 feet;thence, South 88°56'42" West, 136.65
feet to the POINT OF TERMINATION.
The above described easement contains 0.539 acres more or less and is subject to all easements and
rights-of-way now on record or existing.