Loading...
HomeMy WebLinkAbout116 - 09/04/2001 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE EASEMENT TO LARIMER COUNTY FOR ENVIRONMENTAL MONITORIN ORDINANCE NO. 116, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE EASEMENT TO LARIMER COUNTY FOR ENVIRONMENTAL MONITORING IN THE CATHY FROMME PRAIRIE NATURAL AREA WHEREAS, the City of Fort Collins (the "City") is the owner of that certain parcel of real property located in Larimer County, Colorado, known as the Cathy Fromme Prairie Natural Area (the "Natural Area"); and WHEREAS, Larimer County (the "County") operates the Larimer County Landfill on the property adjacent to the Natural Area, which is jointly owned by the City and the County; and WHEREAS,in connection with the regulation and oversight of the Larimer County Landfill by the Colorado Department of Public Health and Environment("CDPHE"),the County is required to conduct ongoing monitoring of the environmental condition of the Landfill and adjacent property, in order to determine the status of groundwater and surface water contamination from the Landfill; and WHEREAS, certain contamination was discovered on the site in 1989, resulting in the County initiating and continuing monitoring on the Natural Area through a number of established monitoring points, including groundwater monitoring wells, piezometers, and surface water sampling stations; and WHEREAS, CDPHE requires that the County provide legal documentation of its right to carry out the above-described monitoring, and the County, in order to comply with this CDPHE requirement, has requested that the City grant an easement on those portions of the Natural Area shown on Exhibit "A," attached hereto and incorporated herein by this reference (the "Easement Area"), and described as follows: Portions of the Cathy Fromme Prairie located in Township 6 North,Range 69 West ofthe 6th Principle Meridian,Larimer County,Colorado,more particularly described as follows: The southwest quarter (SW 1/4) of Section 3, the southeast quarter (SE 1/4) of Section 4, and the north half of the northwest quarter(NW 1/4) of Section 10; and WHEREAS, the County has worked with the City to negotiate a proposed easement agreement providing for the protection of the Natural Area, procedures and practices for the monitoring activities, and notification and information sharing by the County, which easement agreement, dated August 2, 2001, is on file in the office of the City Clerk and available for public inspection (the "Easement Agreement"); and WHEREAS, because of the City's mutual interest in the adequate monitoring and response to environmental impacts of the Larimer County Landfill, staff recommends that the easement described herein and in the Easement Agreement be granted to the County with no compensation required; and WHEREAS,at its regular meeting on August 1,2001,the Natural Resources Advisory Board voted to recommend the approval of the Easement Agreement, subject to minor modifications requested by the Board,which have generally been incorporated into the Easement Agreement;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 that 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 for environmental monitoring to the County over the Easement Area, subject to the terms and conditions of the Easement Agreement, is in the best interest 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 protect the interests of the City. Introduced, considered favorably on first reading, and ordered published this 21st day of August,A.D. 2001, and to be presented for final passage on the 4th day September, A.D. 2001. Mayor � . ATTEST: r City Clerk Passed and adopted on final reading this 4th day of September, A.D. 2001. Mayor ATTEST: e City Clerk BIT "A" LOCATION SKETCH FOR WITHIN CATHYDFROMMEE PRARRIAS E NATURAL FOR ENVIRONMENTAL MONITORING AREA r CO. RD. 38E j R NY R _J N T� l ��,r• �Eg�G PPE ,r• P ,,. T J 0 = W_ w 2 LL � Q Y (n n v7 N TS WEST TRILBY RD. JULY 10, 2001 THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY, AND DO NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. U:\57 W P R OJ\WAL LY\D W C\MD N ITD R.D W C