HomeMy WebLinkAbout056 - 04/15/2003 - AUTHORIZING A TEMPORARY CONSTRUCTION EASEMENT FOR CONSTRUCTION OF A WATERLINE ACROSS A PORTION OF RE ORDINANCE NO. 056, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A TEMPORARY CONSTRUCTION EASEMENT
FOR CONSTRUCTION OF A WATERLINE ACROSS A PORTION OF
RESERVOIR RIDGE NATURAL AREA
BY THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT
WHEREAS, the City of Fort Collins is the owner of the property located west of Michaud
Lane known as the Reservoir Ridge Natural Area (the "Natural Area"); and
WHEREAS, the Northern Colorado Water Conservancy District ("NCWCD") is in the
process of constructing the Pleasant Valley Pipeline,a 67-inch diameter pipeline across the east end
of the Natural Area that will be located in a permanent easement granted to NCWCD by the prior
owner of the Natural Area; and
WHEREAS because the temporary construction easement originally acquired by NCWCD
along with the permanent easement expired before construction could begin,NCWCD has requested
that the City grant a new temporary construction easement (the "TCE") across two areas, as
described on Exhibit"A"and Exhibit"B", attached hereto and incorporated herein by this reference
(together referred to as the "Easement Area"); and
WHEREAS, in exchange for the grant of the TCE, NCWCD has agreed to pay to the City
the sum of$2,700 as compensation for the use of the City's property, together with the amount of
$4,800 vegetation stewardship by the City; and
WHEREAS,City staff has negotiated with NCWCD an easement agreement entitled Pleasant
Valley Pipeline Construction Easement on Reservoir Ridge Natural Area and dated March 28,2003
(the "Easement Agreement"), which Easement Agreement is on file in the office of the City Clerk
and is available for pubic review; and
WHEREAS,the Easement Agreement includes specific resource protection and restoration
requirements that are intended to result in an improved condition of the Easement Area and
protection of existing resources on the Easement Area,including revegetation of disturbed areas;and
WHEREAS, the Natural Resources Advisory Board considered the proposed grant of the
TCE to NCWCD, and the terms of the Easement Agreement, at its regular meeting on February 5,
2003, and voted to recommend that the City Council authorize the grant of the TCE; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized
to sell, convey or otherwise dispose of an interest in real property owned by the City, provided the
Council first finds by ordinance that any sale or disposition of that real property interest will be for
the benefit of the City's citizens, and will be in the best interests of the City.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby finds that the grant of the TCE as described herein,
subject to the terms and conditions in the Easement Agreement, is in the best interests of the City
of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute the 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 carry out the terms of this Ordinance and
protect the interests of the City.
Introduced,considered favorably on first reading,and ordered published this 1 st day of April,
A.D. 2003, and to be presented for final passage on the 15th day of April, A.D. ?, 003.
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Mayor
A EST:
City Clerk
Passed and adopted on final reading this 15th day of April, A.D. 2003.
Mayor
ATMST:
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City Clerk