HomeMy WebLinkAbout041 - 03/20/2001 - AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT INTERESTS FOR THE CONSTRUCTION OF A 27-INCH SEW ORDINANCE NO. 41, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE
EASEMENT INTERESTS FOR THE CONSTRUCTION OF A
27-INCH SEWER LINE BY THE SOUTH FORT COLLINS
SANITATION DISTRICT ON A PORTION OF THE
STALEY NEIGHBORHOOD PARK SITE
WHEREAS, the City of Fort Collins owns that certain real property located on the south side
of Kechter Road(East County Road 36)between Ziegler Road (County Road 9) and Strauss Cabin
Road (County Road 7) in Latimer County, Colorado, known as the Staley Neighborhood Park site
(the "Park"); and
WHEREAS, the South Fort Collins Sanitation District (the "District") has proposed to
develop a new sewer line 27 inches in diameter to be buried 20 feet deep along the western boundary
of the Park, which will served a development to the west of the Park and will ultimately serve the
Park, when the Park is improved in the future; and
WHEREAS, in order to install the sewer line, the District has requested an 80-foot wide
temporary construction easement and a 20-foot wide permanent easement over portions of the Park,
as described in Exhibit "A", attached hereto and incorporated herein by this reference (the
"Temporary Construction Easement" and the "Permanent Easement'); and
WHEREAS,the District has worked with City staff to coordinate the location of the proposed
pipeline; and
WHEREAS,City staff has negotiated with the District a Temporary Construction Easement
Agreement, a draft of which, dated March 2, 2001, is on file in the office of the City Clerk and
available for public inspection(the"Temporary Easement Agreement'),and which includes specific
conditions governing the timing and extent of construction activities, and site reclamation
requirements; and
WHEREAS, City staff has negotiated with the District a Permanent Easement Agreement,
a draft of which, dated March 2, 2001, is on file in the office of the City Clerk and available for
public inspection (the "Permanent Easement Agreement'), and which includes specific conditions
governing the operation, maintenance, and repair of the proposed sewer line; and
WHEREAS,City staff has recommended that there be no charge to the District for the grant
of the Temporary Construction Easement and Permanent Easement,because the proposed sewer line
will eventually be used to serve the Park, as well as the adjacent Poudre School District site to the
east of the Park, and will reduce the cost of developing the Park, because it will reduce the amount
of sewer line required to be installed by the City at that time; 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 City Council
first finds by ordinance that any sale or other disposition of real property owned by the City 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 conveyance of the Temporary Construction Easement and the Permanent
Easement, as set forth herein, is in the best interest of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute the Temporary Easement
Agreement and the Permanent Easement Agreement, together with such additional terms and
conditions as the City Manager, in consultation with the City Attorney, determines to be necessary
or appropriate to protect the interests of the City.
Introduced, considered favorably on first reading, and ordered published this 6th day of
March, A.D. 2001, and to be presented for final passage on the 20th day of March, A.D. 2001.
'Mayor
ATTEST:
"L"Itl& .*.'/I A
City Clerk
Passed and adopted on final reading this 20th day of March, A. 001.
Mayor
ATTEST:
-�kL)� -
City Clerk
EXHIBIT
EXHIBIT A A
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PROPERTY DESCRIPTION
City of Fort Collins Sewer Easement
A strip of land Twenty feet(20') in width and being part of Lot One (1), MLD 00-S 1535 as
recorded November 15, 2000 as Reception Number 2000078405 of the records of the Latimer
County Clerk and Recorder(LCCR)and being part of the Northeast Quarter(NEI/4) of Section
Nine (9), Township Six North (T.6N.), Range Sixty-eight West (R.68W.) of the Sixth Principal
Meridian (6th P.M.), County of Larimer, State of Colorado and being more particularly
described as follows:
Said 20'strip of land being the Westerly 20' of said Lot 1.
Said described parcel of land contains 0.372 Acres, more or less (f) and is subject to any rights-
of-way or other easements as granted or reserved by instruments of record or as now existing on
said described parcel of land.
TOGETHER WITH a Temporary Construction Easement being a strip of land Eighty feet (80')
in width and being the East 80 feet of the West One Hundred feet (100') of the aforesaid Lot 1
and containing 1.486 Acres, more or less (f).
SURVEYOR'S CERTIFICATE
I, Charles B. Jones, a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking, and that it is
true and correct to the best of my knowledge, information, belief, and in my professional
opinion.
O�p'DO rfp
Charles B. Jon Q y•;
2 098 y;
Colorado Regis r$(IProfessional 04
OAF:• �'
Land Surveyor # ''•••'''• J�
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NA( LAND
KING SURVEYORS, INC.
9299 Eastman Park Drive
Windsor, Colorado 80550
(970) 686-5011
Project Number: 99358 (May 16, 2000)
(File: ft-col-a.txt) (Revised: December 20, 2000)
PART OF SECTION 9 EXHIBIT
SEWER EASEMENT EXHIBIT T.6N., R.68W., 6TH P.M, a A
a
ePage 2 of 2
S88'28'48"E (BASIS OF BEARINGS) 2656.31'
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SECTION 9,
TOWNSHIP 6 NORTH, NORTHEAST CORNER
RANGE 68 WEST SECTION 9,
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TYING SURVEYORS, INC. PROJECT NO:99358
9299 EASTMAN PARK DRIVE WINDSOR CO 80550 DATE: 5/16/00
PHONE:(970) 686-5011 FAX:(970) 686-5821 CLIENT: EVERITT CO.'S
WWW.KINCSURVEYORS.COM DWG: EXHIBIT-A.DWC