HomeMy WebLinkAbout203 - 12/18/2001 - AUTHORIZING THE CONVEYANCE OF TWO NON-EXCLUSIVE EASEMENTS IN CONNECTION WITH THE COMMUNITY HORTICULT ORDINANCE NO. 203, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF
TWO NON-EXCLUSIVE EASEMENTS
IN CONNECTION WITH THE COMMUNITY
HORTICULTURE CENTER PROJECT
WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property
located on the northwest corner of Centre Avenue and the to-be-built Rolland Moore Drive in Fort
Collins, which property is the site of the proposed Community Horticulture Center (the "CHC
Property"); and
WHEREAS, in order to allow for the siting of the Community Horticulture Center building
on the CHC Property,to eliminate a barrier created by the existing location of the Sherwool Lateral
Ditch(the"Ditch"),and to improve the visual appearance of the Ditch,City staff and the Sherwood
Lateral Ditch Company(the"Ditch Company")have agreed upon a plan for relocation of the Ditch
from its current location to a location across the CHC Property,which location is shown on Exhibit
"A", attached hereto and incorporated herein by this reference (the "New Ditch Location"); and
WHEREAS, in order to provide for the relocation of the Ditch in accordance with the
proposed plans for the Community Horticulture Center Project, the City will be required to grant
to the Ditch Company a non-exclusive easement for the Ditch in the New Ditch Location; and
WHEREAS, because the relocated Ditch will be designed and constructed as a visual
amenity with landscaping up to its edges,and not with the customary dirt access road along its edge
to allow for maintenance by the Ditch Company, and because the relocated Ditch will call for
ongoing maintenance, the easement agreement granting rights in the new Ditch Location to the
Ditch Company will require the City to maintain the Ditch in the New Ditch Location; and
WHEREAS, the Ditch Company has further requested that the City pay a fee of$2,000 to
cover the Ditch Company's administrative costs associated with the relocation of the Ditch,together
with any additional costs incurred by the Ditch Company as a result of the relocation; and
WHEREAS, as a condition of approval of the Community Horticulture Center Project, the
City is required to grant to Poudre Fire Authority a non-exclusive emergency access easement on
the CHC Property, as shown on Exhibit"A" (the "Emergency Access Easement"); and
WHEREAS, because both easements authorized herein are for the benefit of the City in
connection with its Community Horticulture Center Project, staff recommends approval of the
easements described above at no cost to the easement recipients; 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 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 a non-exclusive easement to Sherwood Lateral Ditch
Company for the relocation of the Sherwood Lateral Ditch to the New Ditch Location, 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 an Agreement granting to
Sherwood Lateral Ditch Company a non-exclusive easement over the New Ditch Location,
consistent with this Ordinance, together with such additional terns 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.
Section 3. That the conveyance of a non-exclusive easement to Poudre Fire Authority
for emergency access on the CHC Property over the Emergency Access Easement, as set forth
herein, is in the best interest of the City of Fort Collins.
Section 4. That the Mayor is hereby authorized to execute a deed of easement granting
to Poudre Fire Authority anon-exclusive easement over the Emergency Access Easement,consistent
with this Ordinance, 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 20th day of
November, A.D. 2001, and to be presented for final passage on the 18th day of December, A.D.
2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 18th day of December,,. 2001.
Mayor
AT EST:
City Clerk
EXHIBIT "A"
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