HomeMy WebLinkAbout063 - 07/05/2005 - AUTHORIZING A DEED OF EASEMENT FOR THE PLEASANT VALLEY PIPELINE ORDINANCE NO. 063, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A DEED OF EASEMENT
FOR THE PLEASANT VALLEY PIPELINE
WHEREAS, in April 2001, the City acquired from the Estate of Robert Udall for its
Natural Areas program certain real property that is now known as Reservoir Ridge Natural Area
(the"Property"); and
WHEREAS, at the time of acquisition of the Property, the City was on notice that an
easement had been granted on the Property to the Northern Colorado Water Conservancy
District ("NCWCD") for construction and perpetual operation of the Pleasant Valley Pipeline;
and
WHEREAS, NCWCD has since determined that the legal description used to convey the
required easement was not correct, and has requested that the City, as the new owner of the
Property, execute a deed of easement to correct the legal description, and in particular, the Range
reference therein, for the easement; and
WHEREAS, in order to eliminate confusion and uncertainty related to the easement, City
staff has recommended to the City Council that the City execute a Deed of Easement conveying
to NCWCD an easement for the Pleasant Valley Pipeline, on and under that certain portion of
the Property more specifically described on Exhibit "A", attached hereto and incorporated herein
by this reference (the "Easement"); 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 such sale or disposition is in the best interests
of the City; and
WHEREAS, it is in the City's interest to grant the Easement to clarify the originally
intended grant of easement, without requiring that NCWCD pay compensation to the City for the
Easement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the above described conveyance of the Easement is in the best interests
of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute such documents of
conveyance as are necessary to convey the Easement to NCWCD upon the terms and conditions
described above, and subject to such other terms and conditions as the City Manager, in
consultation with the City Attorney, determines are in the best interest of the City.
Introduced, considered favorably on first reading and ordered published this 7th day of
June, A.D. 2005, and to be presented for final passage on the 5th day of July, A.D. 2005.
Ma o
ATT ST:
City Clerk
Passed and adopted on final reading this 5th day of July, D. 05.
Mayor
A EST:
— �U w .���- —
City Clerk
EXHIBIT "A"
EXHHIIT "A"
CORRECTION EASEMENT DEED
This Easement Deed is made this day of 2005, by and
between The City of Fort Collins, a Colorado municipal corporation, 300 LaPorte Avenue, Fort
Collins, Colorado 80521 ("GRANTOR"), and the Northern Colorado Water Conservancy
District, acting by and through its Pleasant Valley Pipeline Project Water Activity Enterprise, a
government-owned business within the meaning of Article X, Section 20(2)(d), of the Colorado
Constitution, organized pursuant to C.R.S. §§ 37-45.1-101 e_gse ., whose address is 1250 North
Wilson Avenue, Loveland, Colorado 80537("GRANTEE").
This Deed is a correction Deed to correct a typographical error in the legal
description of that certain Easement Deed between the Northern Colorado Water
Conservancy District, acting by and through the Pleasant Valley Pipeline Project Water
Activity Enterprise and Robert H. Udall recorded on 4/16/2001 at Reception No.
2001027859, County of Larimer, State of Colorado, and supercedes and completely
replaces such prior Easement Deed. Mr. Robert H. Udall is deceased and the subject
property has since been conveyed to the City of Fort Collins, a Colorado municipal
corporation,which is the successor in interest to Robert H. Udall.
GRANTOR, for and in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration, paid by the GRANTEE to the GRANTOR, the receipt and
sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by
this Easement Deed does grant, bargain, sell, convey and confirm to the GRANTEE, its
successors and assigns forever, a permanent non-exclusive easement over and across the
property described on Exhibit "A" attached hereto and incorporated herein by this reference,
located in Larimer County, Colorado("Property"); for the purposes of
1. Installing, constructing, using, operating, maintaining, inspecting, repairing,
altering, removing and replacing an unpaved single lane road, a bridge across the
Pleasant Valley and Lake Canal, and related structures; and
2. Cutting and clearing trees, brush, debris, and other obstructions on the Property
that might interfere with the operation and maintenance of GRANTEE'S activities
and facilities on the Property.
The GRANTEE shall:
3. Insofar as practicable restore the surface of the ground of the Property adjacent to
the road to its condition prior to installation, construction, use, operation,
maintenance, inspection, repair, alteration, removal and replacement of the road
or related structures;
4. Pay the GRANTOR the actual damages to growing crops, livestock and other
items caused by GRANTEE'S activities on the Property; and
Page 1 of
5. Construct, operate and maintain the road to GRANTEE'S specifications.
GRANTEE will not be responsible for snow removal or other maintenance of the
road for GRANTOR.
GRANTOR reserves the right to use and occupy the Property for any use purpose consistent with
the rights and privileges granted herein which will not interfere with or endanger any of
GRANTEE'S facilities on the Property or GRANTEE'S use thereof.
Grantor Warrants and will forever defend title to the Property.
THE CITY OF FORT COLLINS
a Colorado municipal corporation
By:
Douglas P. Hutchinson, Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk Senior Assistant City Attorney
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
2005 by Douglas P. Hutchinson, Mayor and Wanda Krajicek, City
Clerk of the City of Fort Collins,a Colorado municipal corporation.
Page 2 of 3
EXHIBIT A
DESCRIPTION FOR PLEASANT VALLEY PIPELINE
OYVNER: ROBERT H.UDALL
PERMANENT ACCESS EASEMENT
A tract of land located in the SE/4SE'/4 of Section 31 and the SW%SW%of Section 32,T.BN.,R.6gW.,e
P.M.,Lartmer County,Colorado,being more particularly described as follovws:
Commencing at the southwest comer of said Section 32,T.BN.,R.60W.monumented by a brass
cap witness comer,
Thence N75e52'14'E,a distance of 15.01 feet to a point located on the southeasterly property line
of the Udall properly recorded as Reception No.940566M In the Latimer County Courthouse. Said
point being the Point of Beginning of this description.
Thence along a curve to the left,having a radius of 26.00 feet,through a central angle of 75e1948".
a distance of 34.15 feet,with a chord bearing of N70e35'27'W,and a chord distance of 31.75 feet to
a point located on the easterly One of a permanent water line easement;
Thence N38000'38'E,along the easterly fine of a permanent water One easement,a distance of
53.18 feet to a point;
Thence along a curve to the right,having a radius of 71.00 feet,through a central angle of
26046'07',a distance of 33.17 feet,with a chord bearing of SWIW450E,and a chord distance of
32.87 feet to a pant of tangency;
Thence S42W410E,a distance of 10.61 feet to a point located on the southeasterly property line
of the Udall property;
Thence 854e43'00'W,along the southeasterly property One of the Udall property,a distance of
45.80 feet to the Point of Beginning.
The above described easement contains 0.040 acres,more or less.
I hereby certify that this description was prepared from rates taken during an actual survey made under my
direct supenrisicn and the Sear43mwn Group,of Fort Collins,Colorado,and that on the basis of my
information knowledge and belief as a Professional Land Surveyor lair description is true and correct. This
description does not represent a
OOvVLL.F �T
V
LAltO
PMamavaaey Poe**
Udall access 2-Revwea vnros Page 3 of 3