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Home My WebLink About107 - 10/07/2008 - AUTHORIZING THE CONVEYANCE TO THE CITY OF GREELEY OF A PERMANENT WATERLINE EASEMENT AND A TEMPORARY ORDINANCE NO. 107, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE TO THE CITY OF GREELEY OF A PERMANENT WATERLINE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON THE CITY-OWNED DRY CREEK STORMWATER WETLAND WHEREAS, the City owns a certain parcel of real property located in the City of Fort Collins, Larimer County, Colorado, known as the Dry Creek Stormwater Wetland (the "Property"); and WHEREAS, the Property was purchased by the City's Natural Areas program and the City's Stormwater Utility in anticipation of the Property being modified as part of the Dry Creek Stormwater plan; and WHEREAS, the City of Greeley ("Greeley") is in the process of building a 30-mile pipeline to transport water from Greeley's Bellvue water treatment plant to residents of Greeley and surrounding towns; and WHEREAS, as part of this project, Greeley has requested a 50-foot wide permanent waterline easement and a 75-foot temporary construction easement on and across a portion of the Property; and WHEREAS, the proposed easements are shown and described on Exhibit "A", attached hereto and incorporated herein by this reference ("the Easements"); and WHEREAS, City staff has determined that the Easements would not interfere with the City's intended use of the Property, either as a natural area, or as part of the City's stormwater system; and WHEREAS, as a condition of granting the Easements, the City would require Greeley to restore the Easement areas in accordance with the Natural Areas Resource Protection Standards; and WHEREAS, City staff will assist Larimer County in upholding the conditions for approval of Greeley's project as set forth by the Larimer County Planning Commission on October 17, 2007, for areas within the County's jurisdiction that are affected by the project; and WHEREAS, Greeley has paid a $500 application fee and would pay the City a total of $1,900 as consideration for the two easements, as well as $2,762.50 for future maintenance of the Easement areas after Greeley restores them; and WHEREAS, at its regular meeting on September 10, 2008, the Land Conservation and Stewardship Advisory Board reviewed the proposed Easements and recommended that the City Council grant them; 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 by the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interest of the City; and WHEREAS, with respect to property that is a part of the City's water or utility systems, Section 23-111(b) of the City Code requires that the City Council also find that the disposition will not materially impair the viability of the particular utility system as a whole and that it will be for the benefit of the citizens of the City; and WHEREAS, the City has a close, collaborative relationship with Greeley on water-related issues, and City staff believes it is a benefit to the citizens of the City that this cooperative relationship be maintained. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Easements, as set forth herein, is in the best interests of the City, will not impair the viability of the stormwater system, and will be for the benefit of the citizens of the City. Section 2. That the Mayor is hereby authorized to execute the Easement Deed and 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, including, but not limited to, any necessary changes to the legal description 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 16th day of September, A.D. 2008, and to be presented for final passage on the 7th day of October, A.D. 2008. J Mayor ATTEST: City Clerk -2- Passed and adopted on final reading on the 7th day of O r, A.A�2008. May ATTEST: City Clerk -3- ---------- ------ EXHIBIT «A„ PROPERTY DESCRIPTION Exhibit-The City of Fort Collins (I of 2) A strip of land,being dedicated as a Fifty(50)foot wide waterline easement,located in the Northwest Quarter(NWl/4)of Section Seven(7),Township Seven North(T.7N.),Range Sixty-eight West(R.68W.)of the Sixth Principal Meridian(6'P.M.),County of Latimer,State of Colorado,the centerline of said strip of land being more particularly described as follows: COMMENCING at the Northwest Corner of said Section 7 and assuming the North tine of said NW1/4 as bearing North 88036'35"East,being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum 1983192,a distance of 2565.34 feet with all other bearings contained herein relative thereto: THENCE North 88"36'35"East along the North line of said NW 1/4 a distance of 1791.90 feet; THENCE South 00000'00"East a distance of 200.06 feet to the Northerly line of that parcel of land described in that Warranty Deed recorded October 27,1999 as Reception No.0099092866 of the records of the Larimer County Clerk and Recorder,said point being the POINT OF BEGINNING of said centerline description; THENCE continuing South 00"00'00"East a distance of 61.73 feet; THENCE South 45"34'33"East a distance of 329.08 feet to the Southerly line of that parcel of land described in said Warranty Deed recorded as Reception No.0099092866,said point being the POINT OF TERMINATION of said centerline description. It is the intent of this property description that the sidelines of said strip of land be extended or shortened to intersect at the angle points of the sidelines and that said sidelines terminate at the Northerly and Southerly lines of that parcel of land described in said Warranty Deed recorded as Reception No.0099092866. Said waterline easement contains 19,540 sq.ft.or 0.449 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 being Seventy-five(75) feet wide adjoining to the Westerly and Southwesterly sidelines of said waterline easement,beginning on said Northerly line of that parcel of land described in said Warranty Deed recorded as Reception No. 0099092866 and terminating on said Southerly line of that parcel of land described in said Warranty Deed recorded as Reception No.0099092866. Said temporary construction easement contains 28,577 sq.ft.or 0.656 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. 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 correct to the best of my k edge and belief. - rp0 o�yENA r 34995 % Steve all of King Surveyors,Inc. Colorado Professional Land Surveyor#34995 KING SURVEYORS,INC. 650 Garden Drive Windsor,Colorado 80550 (970)686-5011 IN:2004485 M:\2004485A1property descriptions\ESMT-FORT COLLINS-35.doc Last printed 6/13/2008 8:02 AM WATER LINE EASEMENT & THE CITY OF FORT COLLINS TEMPORARY CONSTRUCTION EASEMENT EXHIBIT NWY4 SEC. 7, T.7N., R.68W. 0 / ( o w; a� Wp ISm I h a o zW6 O z0 a V a2 I _ o mw i pQ3oi �i �00 0 Ie� I� 4yet$ 1- M hC Zi e z L� i WU p _ ___________ _ g Q I LL C V)1a O V. 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