HomeMy WebLinkAbout136 - 09/18/2001 - AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT INTERESTS FOR THE CONSTRUCTION OF A 16-INCH WAT ORDINANCE NO. 136, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT INTERESTS
FOR THE CONSTRUCTION OF A SIXTEEN INCH WATER LINE
BY THE FORT COLLINS—LOVELAND WATER DISTRICT
ON PORTIONS OF COYOTE RIDGE NATURAL AREA,
MCKEE FARM OPEN SPACE, AND LONG VIEW FARM NATURAL AREA
WHEREAS, the City of Fort Collins owns or jointly owns with Larimer County and
Loveland certain parcels of real property located in Larimer County,Colorado,known as the Coyote
Ridge Natural Area,McKee Farm Open Space,and Longview Farm Natural Area(collectively,the
"Natural Areas"); and
WHEREAS, the Fort Collins-Loveland Water District (the "District") is in the process of
working to install a 16-inch water pipeline from a new water tank located on Larimer County
Landfill property west of Taft Hill Road across various properties to provide water service to
customers located in the Ridgewood Hills subdivision; and
WHEREAS,in order to install the water pipeline,the District has requested a non-exclusive
I00-foot wide temporary construction easement over portions of the Natural Areas, as described in
Exhibits"Parcel IT","Parcel 4T",and"Parcel 5T",attached hereto and incorporated herein by this
reference (the "Temporary Construction Easements"); and
WHEREAS, the District has further requested a non-exclusive 30-foot wide permanent
easement over portions of the Natural Areas,as described in Exhibits"Parcel 1 P","Parcel 4P",and
"Parcel 5P",attached hereto and incorporated herein by this reference(the"Permanent Easements"),
in order to provide for ongoing operation, maintenance and access to the water pipeline, in
perpetuity; and
WHEREAS, the District has worked with City staff to coordinate the location of the
proposed pipeline and to locate the pipeline and associate improvements,including the related water
tank, in order to minimize disturbance to the Natural Areas; and
WHEREAS, City staff has negotiated with the District a form of Temporary Construction
Easement Agreement, dated August 2, 2001, which 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 form of Permanent Easement
Agreement, dated August 2, 2001, which is on file in the office of the City Clerk and available for
public inspection(the "Easement Agreement'), and which includes specific conditions governing
the operation, maintenance, and repair of the proposed water line; and
WHEREAS, in exchange for the grant of the Temporary Construction Easement and
Permanent Easement,the City will receive compensation for the Easements in the total amount of
$23,740 which is in the middle of the range of reasonable fair market values; and
WHEREAS,the District has agreed to regrade and reseed the areas impacted by construction
in accordance with City specifications and to pay to the City its costs for long-term revegetation
management of impacted areas on properties managed by the City, which costs have been
determined to be $2,450 per acre; and
WHEREAS, staff recommends approval of the Temporary Construction Easements and the
Permanent Easements in view of the public needs to be served by the District's project, and the
resource protection measures to which the District has agreed; 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 the Temporary Construction Easements and the
Permanent Easements,on the terms and conditions described above,is in the best interest of the City
of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute such easement agreements as are
consistent with this Ordinance and with the Temporary Easement Agreement and the Easement
Agreement,including 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, as
are necessary to convey the Temporary Construction Easements and Permanent Easements, as
described above, to the District.
Introduced, considered favorably on first reading, and ordered published this 21 st day of
August,A.D. 2001,and to be presented for final passage on the 18th day of September,A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 18th day of September, A.D. 2001.
Mayor
ATTEST:
City Clerk