HomeMy WebLinkAbout111 - 08/15/2006 - AUTHORIZING THE CONVEYANCE OF A PERMANENT, NON-EXCLUSIVE UNDERGROUND UTILITY EASEMENT AND MULTIPLE T ORDINANCE NO. 111, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF
A PERMANENT, NON-EXCLUSIVE UNDERGROUND Ln=Y EASEMENT
AND MULTIPLE TEMPORARY CONSTRUCTION EASEMENTS
ON CITY PROPERTY
TO THE BOXELDER SANITATION DISTRICT
FOR THE PURPOSE OF EXTENDING REGIONAL SANITARY SEWER
WHEREAS, the City of Fort Collins, Colorado (the "City") is the owner of certain real
property located in Fort Collins, Colorado, formerly used as Resource Recovery Farm and now
managed by the Natural Areas Program, certain real property south of the Resource Recovery
Farm property used for Archery Range and referred to as Archery Range Natural Area, and
certain property east of Interstate 25 in Larimer County and in the area identified as the Timnath
Community Separator, referred to as the Vangbo Property (collectively referred to herein as the
"Property"); and
WHEREAS, the Boxelder Sanitation District (the "District") is extending a regional
sanitary sewer line to the east of its current plant at the confluence of Boxelder Creek and the
Cache la Poudre River; and
WHEREAS, for the purpose of said extension the District wishes to acquire a permanent,
non-exclusive utility easement and multiple temporary construction easements (collectively
referred to herein as the "Easements") over, under and across the Property in the locations
described in Exhibit "A" and illustrated in Exhibit `B", attached hereto and incorporated herein
by this reference (collectively referred to herein as the "Easement Areas"); and
WHEREAS, the temporary construction easements are to be of a limited duration no
greater than two years from the date of execution; and
WHEREAS, the District has agreed to compensate the City for the Easements in the
amount of$34,780, which the City Real Estate Services office has determined represents the fair
market value of the Easements; and
WHEREAS, based on review of this request by City staff, it has been determined that
granting the Easements will not have any significant, adverse effect on the Property; 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 said sale or other disposition will be for the benefit of the
City's citizens and 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 Easements over, under and across the
Property, in a manner consistent with the terms of this Ordinance, will be for the benefit of the
City's citizens and is in the best interest 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 Easements to Boxelder Sanitation District, upon the
terms and conditions described above, together with such additional terms and conditions as the
City Manager, in consultation with the City Attorney, determines to be necessary and
appropriate to protect the interests of the City, including any necessary corrections to the legal
descriptions thereof that do not result in a material increase or change in character of the
intended easement area.
Introduced, considered favorably on first reading, and ordered published this 18th day of
July, A.D. 2006, and to be presented for final passage on the 15 y of August, A.D. 2 6.
May
ATT EST:
City Clerk
Passed and adopted on final reading on the 15th day of st, A.D. 2006.
Mayo '
ATTEST:
a
City Clerk
Exhibit "A" Pagel of 5
Temporary Construction Easement
Boxelder Creek Section 21
A two hundred foot by three hundred and five foot temporary construction easement located in the
Southeast Quarter of Section 21, Township 7 North, Range 68 West of the Sixth Principal
Meridian, Larimer County, State of Colorado, the perimeter of said easement being more
particularly described as follows:
Commencing at the Southeast Comer of said Section 21 and considering the South line of the
Southeast Quarter to bear North 89° 17'00'West with all bearing contained herein relative thereto;
said point being the Point of Beginning; thence along the South Line of the Southeast Quarter of
Section 21, North 890 17' 00' West, a distance of 865.22 feet to the True Point of Beginning;
Thence continuing along the South Line of the Southeast Quarter North 89° 17' 00" West, a
distance of 305.00 feet thence North 000 4S 00"East,a distance of 200.00 feet;thence South 89"
17' 00" East, a distance of 305.00 feet;thence South 000 43'OX West,a distance of 200.00 feet to
the True Point of Beginning;said parcel contains 1.40 acres more or less.
Notes:
1. Legal description is based on a subdivision plat prepared for the Boxelder Sanitation
District by Stewart&Associates Consulting Engineers and Surveyors dated 09-06-02
as Job Number BOXELPLT.CRD.
2. Legal description prepared 06-02-06,
Exhibit "A" Page 2 of 5
Temporary Construction Easement(150')
Section 28
A one hundred fifty(150)foot wide temporary construction easement located in the Northeast
Quarter of Section 28, Township 7 North, Range 68 West of the Sixth Principal Meridian, Ladmer
County,State of Colorado,the perimeter of said easement being more particularly described as
follows:
Commencing at the Northeast comer of said Section 28 and considering the North line of the
Northeast Quarter to bear North 89" 1T 00'West with all bearings contained herein relative
thereto;said point being the Point of Beginning;Thence along the East line of the Northeast
Quarter of said Section 28, South 000 21'56"East,a distance of 60.00 feet to the True Point of
Beginning;Thence parallel to the North line of said Northeast Quarter, North 89"1T OW West,a
distance of 831.42 feet to the East line of that certain parcel of land described in Book 1295 under
Reception#894647 of the Larimer County records;Thence along said line, South 290 29'23°East
a distance of 173.57 feet;Thence parallel to the North line of the Northeast Quarter of Section 28,
South 8901 T 00"East a distance of 746.93 feet to a pant on the East line of the Northeast
Quarter of Section 28;Thence along the East line of the Northeast Quarter of Section 28 North 000
21'W West a distance of 150.03 feet to the True Point of Beginning;Said parcel contains 2.72
acres more or less.
Notes
1. Legal description prepared 5-15-06
2 Legal descnption is based on survey information prepared for permanent 60'
easement as recorded 9-06.95 under Reception#95055231.
Exhibit "A" Page 3 of 5
Temporary Construction Easement(150')
Section 27
A one hundred fifty(150)foot wide temporary construction easement located in the Northwest
Quarter of Section 27,Township 7 North, Range 68 West of the Sixth Principal Meridian, Larimer
County,State of Colorado,the perimeter of said easement being more particularly described as
follows:
Commencing at the Northwest comer of said Section 27 and considering the North line of the
Northwest Quarter to bear North 89'26'57"East with all bearings contained herein relative
therelo; Said point being the Point of Beginning;Thence along said line North 890 26'57'East, a
distance of 344.16 feet to the Westerly Right-of-Way line of Interstate Highway No. 1-25;Thence
along said line South 12'57'49'East,a distance of 61.44 feet to the True Point of Beginning;
Thence parallel with the North fine of the Northwest Quarter of Section 27, South 89' 26'57"West,
a distance of 357.56 feet to a point on the West line of the Northwest Quarter of Section 27;
Thence along said line South 00`21'56"East,a distance of 150.00 feet;Thence parallel with the
North line of the Northwest Quarter of Section 27, North 89"26'57"East a distance of 391.06 feet
to a point on the westerly right-of-way line of Interstate Highway No. 1-25;thence along said line
North 12'57'49'West a distance of 153.59 to the True Point of Beginning;said parcel contains
1.29 acres more or less.
Notes
1. Legal description prepared 5-15-06
2. Legal description is based on survey information prepared for permanent 60'
easement as recorded 9-06-95 under Reception#95055231,
Exhibit "A" Page 4 of 5
Temporary Construction Easement(50')
(Vangbo Property Section 22)
A fifty(50)foot wide temporary construction easement located in the Southwest Quarter of
Section 22,Township 7 North, Range 68 West of the Sixth Principal Meridian, Larimer County,
State of Colorado,the perimeter of said easement being more particulady described as follows:
Commencing at the South Quarter Comer of Said Section 22 and considering the South
Line of the Southwest Quarter to bear North 89°56'41'West with all bearings contained herein
relative thereto;said point being the Point of Beginning;Thence along the South Line of the
Southwest Quarter of Section 22,North 8V 56'41'West, a distance of 2047.49 feet to a point on
the east right-of--way line of Interstate Highway No. 1-25;thence along the east right-of-way line of
Interstate Highway No. 1-25,North 120 34'00'West,a distance of 40.99 feet to the True Point of
Beginning;thence continuing along the east right-of-way line of Interstate No. 1-25 North 120 34'
00'West,a distance of 51.29 feet; thence parallel to the south line of the Southwest Comer of
Section 22 South 89'56'41°East, a distance of 2067.97 feet to a point on the east line of the
Southwest Quarter of Section 22;thence along the east line of the Southwest Quarter South 000
15'38'West a distance of 50.00 feet;thence parallel to the south line of the Southwest Quarter of
Section 22,North 89"56'41'West,a distance of 2056.59 feet to the True Point of Beginning;said
parcel contains 2.37 acres more or less.
Notes
1. Legal description is based on the ALTA Survey completed on 7-22-05 by Stewart&
Associates for Sandra Kay Vangbo and the City of Fort Collins.
2. Legal description prepared 5-15-06.
Exhibit "A" Page 5 of 5
Permanent Utility Easement(40')
(Vangbo Property Section 22)
A forty(40)foot wide utility easement located in the Southwest Quarter of Section 22,
Township 7 North, Range 68 West of the Sixth Principal Meridian, Larimer County, State of
Colorado, the perimeter of said easement being more particularly described as follows:
Commencing at the South Quarter Corner of Said Section 22 and considering the South
Line of the Southwest Quarter to bear North 890 56'41"West with all bearings contained herein
relative thereto; said point being the True Point of Beginning;thence along the South Line of the
Southwest Quarter of Section 22, North 89° 56'41"West, a distance of 2047.49 feet to a point on
the east right-of-way line of Interstate Highway No. 1-25;thence along the east right-of-way line of
Interstate Highway No. 1-25, North 120 34' 00"West, a distance of 40.99 feet; thence parallel to the
south line of the Southwest Quarter of Section 22, South 89' 56'41" East, a distance of 2056.59
feet to a point on the east line of the Southwest Quarter of Section 22; thence along the east line of
the Southwest Quarter of Section 22, South 00' 15' 38"West, a distance of 40.00 feet to the True
Point of Beginning; said parcel contains 1.88 acres more or less.
Notes
1. Legal description is based on the ALTA Survey completed on 7-22-05 by Stewart&
Associates for Sandra Kay Vangbo and the City of Fort Collins.
2. Legal description prepared on 5-15-06.
3. Revised legal description as per City of Fort Collins review on 7-24-06.
Exhibit 'B" Page 1 of 2
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