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HomeMy WebLinkAbout090 - 08/19/2008 - AUTHORIZING THE CONVEYANCE OF TWO WATERLINE EASEMENTS AND TWO TEMPORARY CONSTRUCTION EASEMENTS ON CI ORDINANCE NO. 090, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF TWO WATERLINE EASEMENTS AND TWO TEMPORARY CONSTRUCTION EASEMENTS ON CITY PROPERTY TO THE NORTH WELD COUNTY WATER DISTRICT AND THE EAST LARIMER COUNTY WATER DISTRICT WHEREAS, the City is the owner of two parcels of real property located in Fort Collins, Colorado, identified in County records as parcels number 97032-00-949 and 97031-00-945 (the "City Property"); and WHEREAS, the North Weld County Water District (NWCWD) and East Larimer County Water District (ELCO) (together, the "Districts") are in the process of acquiring the necessary easements for their waterline transmission project, which is scheduled to begin construction in January, 2009 (the "Project"); and WHEREAS, the Districts have asked the City to convey to them two waterline easements for the Project on the City Property, as described on Exhibit "A", attached and incorporated herein (the"Waterline Easements"); and WHEREAS, one Waterline Easement is .266 acres in size and the other is .057 acres; and WHEREAS, to facilitate construction of the Project within the Waterline Easements, the Districts would also like the City to convey to them two temporary construction easements on the City Property, as described on Exhibit "B", attached and incorporated herein (the "TCEs"); and WHEREAS, the Districts have agreed to pay the City $1,000 as compensation for the easements and have agreed to restore the easement areas upon completion of the Project to a condition comparable to that which existed prior to construction of the Districts' improvements, including the restoration of any improvements impacted by such construction or by the District's use of the easement areas; and WHEREAS, City staff has identified no negative impacts to the City resulting from the grant of the requested easements or installation of the waterline; and WHEREAS, Section 23-111(a) of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the Council first finds, by ordinance, that such sale or other disposition is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Waterline Easements and TCEs on the City Property to NWCWD and ELCO as provided herein is in the best interest of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Waterline Easements and TCEs to NWCWD and ELCO on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal descriptions of the easements, as long as such changes do not materially increase the size or change the character of the easements. Introduced, considered favorably on first reading, and ordered published this 15th day of July, A.D. 2008, and to be presented for final passage on the 19t y of August, A.D. 2008. i Mayor ATTEST: � City Clerk Passed and adopted on final reading on the 19th day of g st, A.D. 2008. Mayor ATTEST: )tLJAL�kN�— I— City Clerk Exhibit "A" Page 1 of 4 Waterline Easement 1 PROPERTY DESCRIPTION Exhibit-The City of Fort Collins A parcel of land,being dedicated as a waterline easement,being part of that parcel of land described in that Warranty Deed recorded May 8, 1979 in Book 1950 at Page 599 of the records of the Latimer County Clerk and Recorder,located in the Southeast Quarter of the Northeast Quarter (SEI/4 NEI/4)of Section Three(3),Township Seven North(T.7N.),Range Sixty-nine West (R.69W.)of the Sixth Principal Meridian(6ib P.M.),County of Latimer,State of Colorado,and being more particularly described as follows: COMMENCING at the Center-East Sixteenth (C-E 1116)corner of said Section 3,said point bearing North 89446'12"West a distance of 1323.31 feet from the East Quarter(E114)corner of said Section 3,and assuming the West line of said SEl/4 NEIA as bearing North 00031'15"East, being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American ' '• Datum 1983/92,a distance of 1322.19 feet with all other bearings contained herein relative thereto: THENCENorth 00031'15"East along the West line of said SEl/4 NE1/4 a distance of 146.65 feet; THENCE North 89053'36•East a distance of 447.02 feet to the Southwesterly line of said parcel of land described in Book 1950 at Page 599,said point being the POINT OF BEGINNING; THENCE continuing North 89'53'36"East a distance of 18.06 feet; THENCE North 33°38'36"East a distance of 38.75 feet to the Northeasterly line of said parcel of land described in Book 1950 at Page 599; THENCE South 58°56'36"East along the Northeasterly line of said parcel of land described in Book 1950 at Page 599 a distance of 50.05 feet; THENCE South 33°38'36"West a distance of 48.12 feet to the Southwesterly line of said parcel of land described in Book 1950 at Page 599; THENCE North 58°56'06"West along the Southwesterly line of said parcel of land described in Book 1950 at Page 599 a distance of 65.09 feet to the POINT OF BEGINNING. Said waterline easement contains 2,476 sq.ft.or 0.057 acre,more or less(t),and is Subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. Waterline Easement 1 WATERLINE EASEMENT & v7TTpT�+ "All THE CITY OF FORT COLLINS TEMPORARY CONSTRUCTION EASEMENT EXHIBI l A SE7iNE74 SEC. 3, T.7N., R.69W. F Psge.=2;of l4- / a i zo m.0ig WE � n21"�a n nn n l� I. n8.3 S) O / <CNI "' � v / �w Qri W I N -a5 w U a s $m IWnn �f // //1 WOO O / ,fir. /✓ i r u o 12 in. I J<UN W� Z }Q / V N C.S C JI N I Z4 / c Lgv-:E o I U 11-F T. ZZ / 0 Y'p,ONr d L Y 1 Z WW a r/y1 r; �P ° Pm om / �ZK soma`ora tU, . N l�i✓t CJ IHZ aQoo ou. u hi�� 8' 3E�o '^ ¢n 0 �c.,z �' C7 .1al o I 0 € nEo3.'''.Ec OY o I zz o0 300 tpN I yz/tj 41 N _---__._._— -- 161'ZZ£L 3.90£.O0N :S0NlMVM JO SIStiB KING SURVEYORS, INC. PROJECT N0:2006271/2006272 65O Girdcn Drive I Windsor,Colorado 80550 DATE:06/25/2008 i CUENT:BOYLE ENGINEERING phonc:(970)686-5011 I f=(970)686-5821 DWG:ESMT—FORT COLLINS-44—NEWT www.L9ngsurvcyore.coin DRAWN:MCD CHECKED:SAL Exhibit "A" Page 3 of 4 Waterline Easement 2 PROPERTY DESCRIPTION Exhibit-The City of Fart Collins A parcel of land,being dedicated as a waterline easement,being part of that strip of land described in Exhibit A-4 in that Quit Claim Deed recorded June 4, 1990 as Reception No.90023707 of the records of the Latimer County Clerk and Recorder,located in the Southeast Quarter(SEI/4)of Section Three(3), Township Seven North(T.7N.),Range Sixty-nine West(R.69W.)of the Sixth Principal Meridian(6a'P.M.), County of Lorimer,Stale of Colorado,and being more particularly described as follows: BEGINNING at the Southeast Sixteenth(SEI/16)corner of said Section 3,and assuming the West line or the Northeast Quarter of the Southeast Quarter(NEl/4 SEI/4)of said Section 3 as bearing North 00033'33" East,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 1321.62 feel with all other bearings contained herein relative thereto: THENCE North 00033'33"East along the West line of said NEl/4 SE1/4 a distance of 28.69 feet to the Northerly sideline of said strip of land described in Exhibit A-4; THENCE South 64"55'46"East along the Northerly sideline of said strip of land described in Exhibit A-4 a distance of 43.96 feet; THENCE South 00033'33"West along a line being Forty(40)feet,as measured at a right angle,East of and parallel with the West line of said NE1/4 SE1/4 a distance of 10.44 feet; THENCE South 00032'12"West along a line being Forty(40)feet,as measured at a right angle,East of and parallel with the West line of the Southeast Quarter of the Southeast Quarter(SE1/4 SEI/4)a distance of 99.48 feet to the Southerly sideline of said strip of land described in Exhibit A-4; THENCE North 64055'46"West along the Southerly sideline of said strip of land described in Exhibit A-4 a distance of 238.85 feet to the North line of the Southwest Quarter of the Southeast Quarter(SW 1/4 SEl/4); THENCE South 89033'46'East along the North line of said SW 114 SE1/4 adistance of 177.29 feet to the POINT OF BEGINNING. Wat7e;rrlliinnee E7a�sriement 2 WATETEMPORARY RUNE CONSTRUCTION TEASEMENT EXHIBIT "A" �THE 3 C.TY OF FORT TORN.,COLLINS Page 4 of 4 Z2 b K v �U X o e WW 5 Z �.y Z z �' A i 4NY71`. m BOG R a zsnmaa 1 ZOE wOE "'a I X'o A� OQJC}uT4-� ,K., �yoQ� uJJJJJ €� ^My �'�Wo' z Zvi r' `k s41O Nn ?w � fags 00 5 o� ww =SO11W38 d0 SISVR- � aV _1500'32't W 1321.72' 7Y/CPdUbR6R-/ SC(lIXK D7S7717CT RfiC NU.DA257P.f7 J 4r c 42 h�� I Wr p• `o o.. orc yv. m -wI co D o0 ccyyA O us 7 0 �, $ 3 E a>o uyby�y� ci `E ='L tV u NUJ rz 'm am- �.�a� so° cs� I hem I e��`� ° � °�yy N d I I z I V z E o per_. II I o I I I � m LUNG. SURVEYORS, INC. PROJECT NO:2OO6271/2OO6272 DATE:06126/2O08 65O Garde°Drive I Windsor,Culoivdo 80550 i CLIENF:BOYLf ENGINEERING phonc:(970)686-5011 16u<:(970)686-5821 DWG.ESMT—FORT COLUNS-47—NEWT w%w.kinpurnyursxc DRAWN:MCD CHECKED:SAL Exhibit "B" Page 1 of 2 Temporary Construction Easement 1 Said waterline easement contains 2.476 sq.ft.or 0.057 acre,more or less W. and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. Said waterline easement will be benefited by a TEMPORARY CONSTRUCTION EASEMENT adjoining to the Southeasterly line of said waterline easement,and being more particularly described as follows: COMMENCING at the Center-East Sixteenth (GE 1/16)corner of said Section 3,said point bearing North 89"46'12"West a distance of 1323.31 feet from the East Quarter(El/4) corner of said Section 3,and assuming the West tine of said SEl/4 NEl/4 as bearing North 00°31'15"East, being a Grid Bearing of the Colorado State Plane Coordinate System,North'Lone,North American Datum 1983/92,a distance of 1322.19 feet with all other bearings contained herein relative thereto: THENCE North 00*31'15"East along the West line of said SEI/4 NEl/4 a distance of 146.65 feet; THENCE North 89°53'36"East a distance of 447.02 feet to the Southwesterly line of said parcel of land described in Book 1950 at Page 599; THENCE continuing North 89°53'36"East a distance of 18.06 feet: THENCE North 33038'36"East a distance of 38.75 feet to the Northeasterly line of said parcel of land described in Book 1950 at Page 599; THENCE South 58"56'36"East along the Northeasterly line of said parcel of land described in Book 1950 at Page 599 a distance of 50.05 feet to the Northeasterly corner of said waterline THENCE continuing South 58056'36"East along the Northeasterly line of said parcel of land described in Book 1950 at Page 599 a distance of 40.04 feet, THENCE South 33038'36"West a distance of 42.81 feet; THENCE South 89953'36"West a distance of 10.25 feet to the Southwesterly line of said parcel of land described in Book 1950 at Page 599; THENCE North 58056'06"West along the Southwesterly line of said parcel of land described in Book 1950 at Page 599 a distance of 31.51 feet to the Southeasterly corner of said waterline easement; THENCE North 33038'36"East along the Southeasterly line of said waterline easement a distance of 48.12 feet to the POINT OF BEGINNING. Said temporary construction easement contains 1,902 sq.ft.or 0.044 acre,more or less (±),and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT 1,Steven A.Lund,.a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correc - - of my knowledge and belief. 3 95 Stev _-�n f of King Surveyors,Inc. Colorad eP& fessional Land Survey 5 KING SURVEYORS,INC. 650 Fast Garden Drive Windsor,Colorado 80550 (970) 636-5011 JN: 200627112006272 Exhibit "6rt Page 2 of 2 Tempprary Construction Easement 2 Said waterline easement contains 11,597 sq.ft.or 0.266 acre,more or less(t),and is subject to any rights- of-way or other easements of record or as now existing on said described parcel of land. Said waterline easement will be benefited by a TEMPORARY CONSTRUCTION EASEMENT being Seventy-five(75) feu wide adjoining to the Easterly sideline of said waterline easement,beginning on the Northerly sideline of said strip of land described in Exhibit A-4 and terminating on the Southerly sideline of said strip of land described in Exhibit A-4. Said temporary construction easement contains 8,244 sq.ft.or 0.189 acre,more or less(�,and is subject to any rights-of-way or other easements of record or as now existing on said described parcel of land. SURVEYOR'S STATEMENT 1,Steven A-Lund,a Colorado Registered Professional Land Surveyor do hereby state(hat this Property Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge and belief. u1 34 5 ca Ste :Lund -on. of King Surveyors,Inc. Color "ste ssional Land Su KING SURVEYORS,INC. 650 East Garden Drive Windsor,Colorado 80550 (970)68&.5011 IN:20062712006272 0120062721propery,descriptions%ESMT-FORT COLONS-47.NEWT.doc Lau printed 6/26/200.8 9140 AM