Loading...
HomeMy WebLinkAbout186 - 12/07/1999 - AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT INTERESTS TO BOXELDER SANITATION DISTRICT FOR T ORDINANCE NO. 186, 1999 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT INTERESTS TO BOXELDER SANITATION DISTRICT FOR THE CONSTRUCTION OF FLOOD CONTROL MEASURES AND THE REPAIR OF FLOOD-CAUSED DAMAGE IN AND ALONG THE POUDRE RIVER IN THE ARCHERY RANGE NATURAL AREA WHEREAS,the City of Fort Collins is the owner of a certain parcel of real property located in Larimer County, Colorado,which was originally purchased by the Wastewater Utility as part of the expansion for the Resource Recovery Farm a portion of which is now known as the Archery Range Natural Area("the Natural Area"); and WHEREAS, Boxelder Sanitation District (the "District") owns property adjacent to the Natural Area, upon which the District has located certain facilities, including sewage lagoons and treatment plant; and WHEREAS, in late April, 1999,heavy rains caused flooding and damage in the vicinity of the Natural Area and the District's adjacent facilities,as had similar flood events in previous years; and WHEREAS,the District has previously acquired from the City,pursuant to Ordinance No. 113, 1999, a non-exclusive easement under and through a portion of the Natural Area, for the construction and maintenance of flood control structures in cooperation with the U.S. Army Corps of Engineers, to reduce the risk of flood damage in the sewage treatment lagoons of the District adjacent to that easement; and WHEREAS,the District wishes to acquire from the City a non-exclusive easement under and through a portion of the Natural Area approximately.535 acres in size,as described on Exhibit"A", attached hereto and incorporated herein by this reference(the "Permanent Easement"),for repair of flood damage; removal of that portion of a 1995 dike, the removal of which was not previously authorized; restoration of three eroded breakouts to pre-1999 flood conditions; and installation of buried riprap to protect the District's sewage lagoons and constructed wetlands; and WHEREAS, the District further wishes to acquire a non-exclusive easement under and through a portion of the Natural Area approximately 8 acres in size, as described on Exhibit "B", attached hereto and incorporated herein by this reference (the "Temporary Easement"), for construction and maintenance work to repair damage to the Poudre River bank from April 1999 flooding,and to allow the completion of the work connected with installation of the improvements contemplated in the Permanent Easement; and WHEREAS,the District also seeks to alter the construction of a sewer line installed on the Natural Area pursuant to the easement granted to the District by the City in June, 1998,pursuant to Ordinance No. 99, 1998 (the "Sewer Line Easement"), in order to provide additional protection for the sewer line and the manhole within the easement area, and has requested that the City agree to amend the Sewer Line Easement to incorporate revised construction plans,to be approved by City staff, and WHEREAS, in exchange for the Permanent Easement and the Temporary Easement, the District has agreed to pay to the City the fair market value of those easements, in the amount of $2,000, for deposit in the Wastewater Utility Fund; and WHEREAS, staff plans to prepare the necessary easement documents and the City Manager will forward the same to the Mayor for execution, upon approval by the City Manager of detailed plans for the improvements to be completed under the easements, including the definition of the limits of disturbance of the Natural Area within the easement areas,and receipt of a certification by the District that it has available for expenditure of all funds necessary for the completion of the improvements and restoration of the Natural Area; 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 disposition of real property owned by the City will not materially impair the viability of any City utility system of which the property is a part, will be for the benefit of the City's citizens, and will be in the best interests 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 above described conveyance of the Permanent Easement and the Temporary Easement,and the amendment of the Sewer Line Easement consistent with the foregoing, will not materially impair the viability of the City's wastewater utility as a whole, will be for the benefit of the City's citizens, and are in the best interests of the City of Fort Collins. Section 2. That the Council hereby affirms and finds,nunc pro tunc July 20, 1999, that the easement for construction and maintenance of flood control structures in cooperation with the U.S. Army Corps of Engineers previously granted to the District pursuant to Ordinance No. 113, 1999,will not materially impair the viability of the City's wastewater utility as a whole, will be for the benefit of the City's citizens, and is in the best interests of the City of Fort Collins. Section 3. That the Mayor is hereby authorized to execute such documents of conveyance as are necessary to convey the Permanent Easement and the Temporary Easement to Boxelder Sanitation District,and to amend the Sewer Line Easement,consistent with the terms and conditions described above, upon the approval by the City Manager of detailed plans for the improvements to be completed under the easements, including the definition of the limits of disturbance of the Natural Area within the easement areas, and receipt of a certification by the District that it has available for expenditure all funds necessary for the completion of the improvements and restoration of the Natural Area. Introduced, considered favorably on first reading, and ordered published this 16th day of November,A.D. 1999,and to be presented for final passage on the 7th day of December, A.D. 1999. Mayor ATTEST: 14"21k - "- . City Clerk Passed and adopted on final reading this 7th day of December, A.D. 1999. Mayor ATTEST: C,� L City Clerk EXHIBIT "A" PERMANENT EASEMENTS - A & B BOXELDER SANITATION DISTRICT These, permanent easement A and permanent easement B, being part of the East Half of the Northeast Quarter (E1/2 NE1/4) of Section Twenty-eight (28) in Township Seven North (T.7N.), Range Sixty-eight West(R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado and being more particularly described as follows: EASEMENT A: BEGINNING at the Southeast Corner of said Section 28 and assuming the North line of the Northwest Quarter of Section 34 as bearing North 89026'18" East a distance of 2645.46 feet with all other bearings contained herein relative thereto: THENCE North 160 13'56"West a distance of 4415.74 feet to the TRUE POINT OF BEGINNING: THENCE South 24054'11" East a distance of 64.40 feet; THENCE South 61005'06" West a distance of 162.94 feet; THENCE North 00025'25"West a distance of 79.42 feet; THENCE North 63051'00" East a distance of 9.16 feet; THENCE North 63030'00" East a distance of 120.52 feet to the TRUE POINT OF BEGINNING. Said described permanent easement A contains 0.226 acres, more or less (t) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. EASEMENT B: BEGINNING at the Southeast Corner of said Section 28 and assuming the North line of the Northwest Quarter of Section 34 as bearing North 89°26'18" East a distance of 2645.46 feet with all other bearings contained herein relative thereto: THENCE North 13020'44"West a distance of 4462.11 feet to the TRUE POINT OF BEGINNING: THENCE North 63030'00" East a distance of 244.41 feet; THENCE South 08005'07" West a distance of 85.20 feet; THENCE South 70046'46"West a distance of 218.14 feet; THENCE North 00054'55"West a distance of 47.09 feet to the TRUE POINT OF BEGINNING. Said described permanent easement B contains 0.309 acres, more or less (t) and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. Robert G. Flynn 11/24/99 Boxelder Sanitation District Fort Collins Co. 80522 (970) 498-0604 pmC:IOFFICE\WP W INIEASEMEN-RCFCA&B.RIV TRUE POINT OF BEGINNING EASEMENT B pQ' o b + N TRUE POINT N6� �1 0 00 OF BEGINNING 2 �„ EASEMENT A ++� 46 S g1� g N63 . 51'00' E 2 9,16' 03°'B N00054'55"W N6�•�p�,� 47.09' A\ 0 +p6 S2 4.4 4011 "E '+ � psirot p�Ln c � N L" S 1rO� P► I u�- Q2 S)�6.41 POINT OF BEGINNING BASIS OF BEARINGS NORTH LINE OF THE NW 1/4 SEC 34 T.7N. R.68W. NOT TO N 89' 2018"E 2645.46 SCALE EASEMENT-M-BOXUDER-SANITATION rm Boxelder SeaitatioD lJlstrlCt dill i N • QIYaRi�ORr�WVER-PflOp7pEC�110 mopmay 2217 Ahwy Ar a FL Colhw C•80WZ (M)-40e-OW4 Fr-Cr YeAzft9D i 1$9B EXHIBIT B Page 1 of 2 EXHIBIT I NORTHEAST CORNER SECTION 28-T.7N.-R.68W. S86'0g'20"E 481.48' N6y 9 3 S95'97�46"E N63' 1'00"E 5 9. 6' I I H►as : Aenlr SI X01'3TW S46'58'24"E 226.11' z 40a Z9� W ON w Ur so. N16'02"s81"W 189.33' 1 '' I I 1 TRUE POINT OF j BEGINNING 1 72 12 20 W x I WEST NEE/OF S73.57'04"W 1 89.06' 24.20 ti S72 9'42"W S70'24'31"W 11 71 05' 33.53' I I I z 1 I N 1 I Tc 1 I I \ I I \ I o I \ tJ 1 I � \ I \ I SOUTHEAST CORNER / \\ SECTION 28-T.7N.-R.68W. 1 I NORTHWEST CORNER \ SECTION Of4 6BW, 8EGINNING \ I NOT TO SCALE — 1 I 2645.46' 1 BASIS OF BEARINGS \ NORTHLINE NW I/a SEC 4-T.7N.-R.68W`\ KING SURVEYORS9 INC. PROJECT NO: 97047EX2 9299 EASTMAN PARK DRIVE DATE: JULY 27. 1998 WINDSOR. CO. 90550 PHONE: (970) 686-5011 CLJENT: BOXELDER Exhibit B Page 2 of 2 PROPERTY DESCRIPTION A parcel of land being part of the East Half of the Northeast Quarter(EI/2 NE I/4)of Section Twenty-cight(28)and part of the West Half of the Northwest Quarter(WI/2 NW 1/4)of Section Twcnty-seven(27),all in Township Seven North(T.7N_),Range Sixty-eight West(R.68 W.)of the Sixth Principal Meridian(6th P.M.),County of Larimer,State of Colorado and being more particularly described as follows: BEGINNING at the Southeast Corner of said Section 22 and assuming the North line of the Northwest Quarter of Section 34 as bearing North 89'26'18"East a distance of 2645,46 feet with kill other hearings contained herein relative thereto: THENCE.North 02*31'19" West a distance of 3700.27 feet to the TRUE POINT OF BEGINNING: 'I'I II"NCE North 16°02'38"West a distance of 18933 feel-, Tl IENCE North 40002'46'West a distance of 349.05 feet; THENCE North 80°27'36"West a distance of 408.29 feet; THENCI?South 56°13'58"West a distance of 608.44 feet to the West line of said F 1/2 NEI A THENCE North 00°25'25"West along said West line a distance of 306.61 feet; THEN(;('North 63°51'00"East a distance of9,16 feet; THENCE North 63030'00"East a distance of 593.30 feet; THENCI;South 86°09'20"Rust a distance of 461.48 feet; THENCE South 10°45146"East a distance of 95.97 feet; TI1ENCE South 13001'52"West a distance of 65.37 feet; 11 IENCE South 46058'24"East a distance of 226.11 feat; TI WNC:E South 33021'50"East a distance of 412.94 feet; TIiLNCF.South 72112'20"West a distance of 89.06 feet; THENCE South 72°59'42"West a distance of 71.05 feet; Tl 1ENCESouth 70°24'31"West a distance of 33,53 feet; TI IRNCE South 73057'04"West a distance of 24.20 feet to the TRUF POINT OF BEGINNING Said described parcel of land contains 8.234 Acres,more or less(t)and is subject to any rights- of-way or other easements as granted or reserved by instruments of record or as now existing rni said described parcel of land. SSIRVEVOR'S f ERTIFICATE 1,Charles 13.Jones,a Colorado Registered Professional Land Surveyor do hereby slate that this Property Description was prepared under my personal supervision and checking,and that it is taste and correct to the best of my knowledge,information,belief,and in my professional opinion. Charles A.tones � �: --- z �U. Colorado Registered Professio ro Land Surveyor iY22098 JipinttQ S KING SURVEYORS, INC. 9299 Eastman Park Drive Windsor, Colorado 80550 (970)690-5011 Project Number: 97047 (July 28, 1998) (File: ftcollin.txl)