HomeMy WebLinkAbout139 - 09/01/1998 - AUTHORIZING GRANT OF A NON-EXCLUSIVE UTILITY EASEMENT TO PUBLIC SERVICE COMPANY FOR THE RELOCATION O ORDINANCE NO. 139, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE GRANT OF A NON-EXCLUSIVE
UTILITY EASEMENT TO PUBLIC SERVICE COMPANY
OF COLORADO FOR THE RELOCATION OF AN OVERHEAD
FEEDER LINE OVER .95 ACRE OF THE WATER TREATMENT FACILITY
WHEREAS, the City of Fort Collins Utility is the owner of the land and buildings known
as the Water Treatment Facility located at 4316 LaPorte Avenue in Larimer County,Colorado;and
WHEREAS, the City of Fort Collins Utility has established a Master Plan for the addition
of new facilities and improvements at the Water Treatment Facility; and
WHEREAS, the City of Fort Collins Utility desires to relocate a Public Service Company
of Colorado overhead feeder line in accordance with the Master Plan Improvements Project; and
WHEREAS, in order to accomplish the desired relocation of such overhead feeder line,
Public Service Company of Colorado needs a non-exclusive easement interest at two locations as
described on Exhibit "A", on file in the office of the City Clerk, and incorporated herein by this
reference (the "Easement Property"), to construct, operate, maintain, repair and replace the utility
line; and
WHEREAS, Public Service Company currently has a similar easement over City-owned
property(the "Existing Easement")included as a portion of that certain Deed of Easement to Public
Service Company dated May 9, 1958 and recorded at Book 1018 and Page 317 of the real property
records of the Larimer County Clerk and Recorder; and
WHEREAS, in exchange for the grant of the new easement over the Easement Property,
Public Service Company has agreed to relinquish by Quit Claim Deed the Existing Easement, and
this exchange will benefit the City by permitting the construction of the facilities the City seeks to
develop; 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 a City utility will not
materially impair the viability of the utility system as a whole if the property is part of the system
and that the sale 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 above described grant of a non-exclusive utility easement over the
Easement Property, in exchange for the relinquishment by Quit Claim Deed of the Existing,
Easement will not materially impair the viability of the City's utility system as a whole, and is in
the best interest of the City of Fort Collins.
Section 2. That the City Manager is hereby authorized to execute an Easement
Agreement granting and conveying to Public Service Company a nonexclusive utility easement over
the Easement Property in exchange for the relinquishment by Quit Claim Deed of the Existing
Easement, along with such other provisions as the City Manager, in consultation with the City
Attorney, deems appropriate to protect the interests of the City.
Introduced, considered favorably on first reading, and ordered published this 18th day of
August, A.D. 1998, and to be presented for final passage on the 1 ay o September, 998.
K
Mayor
ATTEST:
QLALL
,.
City Clerk
Passed and adopted on final reading this 1st day of Septem�.D. 1998.
-gayor /
ATTEST:
City Clerk
Page 1 of 2
EXHIBIT "A"
DESCRIPTION: ELECTRIC EASEMENT (City F.C. Property)
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:
Commencing at the East Quarter corner of said Section 7; thence along said East line, North
00°29'33"East,702.80 feet to the North line of Laporte Avenue;thence along said North line,North
86'08'12" West,60.45 feet to the intersection of the West line of the Road and Pipeline right-of-way
described in Book 1226 at Page 127 said point also being the POINT OF BEGINNING;thence along
said North line of Laporte Avenue,North 86'08'12" West 20.03 feet;thence along a line being 20.00
feet West and parallel with said West line of said Book 1226 at Page 127, North 00°29'33" East,
39.12 feet; thence, North 86°08'12" West, 40.07 feet; thence, North 00°29'33" East, 20.03 feet;
thence, South 86°08112" East, 60.10 to a point on said West line of that parcel described in Book
1226 at Page 127; thence, South 00°29'33" West, 59.16 feet to the POINT OF BEGINNING.
The above described easement contains 11985 square feet and is subject to all easements and rights-
of-way now on record or existing.
Page 2 of 2
EXHIBIT "A"
DESCRIPTION: CENTERLINE 20' ELECTRIC EASEMENT (City F.C. Property)
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 00029'33"East and
with all bearings contained herein relative thereto:
That portion of an easement 20 feet in width with foreshortened and prolonged sidelines to meet the
property lines and shall be 10 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, 2504.55 feet to the North line of that parcel described in Book 2278 at Page 2163;
thence along said North line, South 89°01'10" West, 723.52 feet to the intersection of an existing
Overhead Electric line; thence along said existing Overhead Electric line, South 04°29'26" East,
10.02 feet to the POINT OF BEGINNING,said point being Point A;thence along a line being 10.00
feet South and parallel with the North line of said Book 2278, Page 2163, South 89'0V10" West,
554.13 feet to Point B; thence along a line being 10.00 feet East and parallel with the West line of
said Book 2278,Page 2163,South 00°30'03" West,297.52 feet to Point C;thence, South 36°48'23"
West, 16.90 feet to a point on the West line of that parcel described in Book 2032 at Page 0855,said
point being the POINT OF TERMINUS of said centerline.
ALSO; BEGINNING at Point A; thence, North 89'01'10" East, 40.00 feet to the POINT OF
TERMINUS of said centerline.
ALSO; BEGINNING at Point A; thence, South 04°29'26" East, 40.00 feet to the POINT OF
TERMINUS of said centerline.
ALSO; BEGINNING at Point C; thence, North 36°48'23" East, 40.00 feet to the POINT OF
TERMINUS of said centerline.
ALSO; BEGINNING at Point C; thence, South 00°30'03" West, 40.00 feet to the POINT OF
TERMINUS of said centerline.
The above described easement contains 19,697 square feet and is subject to all easements and rights-
of-way now on record or existing.