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HomeMy WebLinkAbout112 - 08/15/2006 - AUTHORIZING THE CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT OVER CITY PROPERTY TO THE BOXELDER S ORDINANCE NO. 112, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT OVER CITY PROPERTY TO THE BOXELDER SANITATION DISTRICT FOR THE PURPOSE OF EXTENDING SANITARY SEWER WHEREAS, the City of Fort Collins, Colorado (the "City") is the owner of a certain parcel of real property located in Larimer County east of Interstate 25 and in the area identified as the Timnath Community Separator, known as the Vangbo Property (the "Property"); and WHEREAS, the Boxelder Sanitation District (the "District") currently has a non- exclusive utility easement that runs along the western 30 feet of the Property for the purpose of operating and maintaining underground utilities; and WHEREAS, in order to construct said underground utilities the District wishes to acquire a temporary construction easement (the "Easement") over, under and across an additional 30 feet of the Property (the "Temporary Easement Area") as described in Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the duration of the Easement shall be limited to no longer than two years from the date of execution; and WHEREAS, the District has agreed to compensate the City for the Easement in the amount of $5,210, which the City's Real Estate Services office has determined to represent the fair market value of the Easement; and WHEREAS, based on review of this request by City staff, it has been determined that granting the Easement 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 Easement over, under and across the Property, 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 Easement 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 1 y of August, A.D.3P06. i r May ATTEST: City Clerk Passed and adopted on final reading on the 15th day o gust, A.D. 2006. mayorU ATTEST: City Clerk Exhibit "A" Page 1 of 2 EASEMENT DESCRIPTION A Temporary Construction on the Vangbo property A parcel of land Sixty feet(60')wide and running North South adjacent to the East R.O.W. of Interstate 25, being part of the Southeast Quarter (SE1/4) of Section Twenty-Two (22), in Township Seven North (T.7N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6thP.M.), in Larimer County, State of Colorado. Said 60' strip of land being all within that part of a parcel described within a Quit Claim Deed as recorded October 27, 1998, Reception # 98093395, of the records of the Larimer County Clerk and Recorder. The Easement, a 60' strip of which is centered on the East edge of the permanent 30' Easement allows for an additional 30' Strip. being more particularly described as follows: Considering the West Line of the said Southwest Quarter of Section 22 as bearing North 00116'00" East and with all other bearings contained herein relative thereto: BEGINNING at the Center of said Section 22, HENCE South 37130'43" West 3331.7l'to a point on the South Line of the Southwest 1/4 quarter of section 22.The TRUE POINT OF BEGINNING, the Center line of the 60' Temporary Sewer Line Easement and the East side of the 30' permanent Sewer Line Easement. Thence North 12°34'00" West a distance of 1028.27 feet; Thence North 00144'00" East a distance of 415.57 feet; Thence North 09048'20" West a distance of 594.17 feet; Thence North 20148'30" West a distance of 396.29 feet; Thence North 05037'01" West a distance of 278.40 feet to the intersection of the North line of said parcel of land also being North line of the South West 1/4 of Section 22. Said described easement contains a total of 3.74 Acres, more or less (t) and is subject to any right-of-way or other Easements as granted or reserved by instruments of record or now existing on said described parcel of land. Robert G. Flynn 6/25/99 Boxelder Sanitation District Fort Collins Co. 80522 (970) 498-0604 Length correction, 31 July 2006, RMS I� LIN Tit 11 OF S89-47.12-E THE SOUTH WEST 1/4 OF r%tilntT n, race _ i SECTION 22 Exhibit "A' P ge 2 of 2 5 O �srr� -O QA AREA OF 30 FOOT PERMANENT EASEMENT - 1.87 ACRES w AREA OF 2� CONSTRUCTION EASEMENTFOni 4 3 7 ACRES (q r 1 23 RIGHT RCPT. # OF WAY 98093395 10/27/98 Z1 POINT L Cl1 OF BEGINNING 1 CENTER LJNE CENTER OF (TEMPORARY 80' OF CONSTRUCTION EASMENT � SECTION 22 CENTER LINE lJ OF EASEMENT (PERMANENT 30) (31 1ELPONMY 60' ypy �" ♦� EASE�nTUCTOX 5� 6�Lar Mar TRUE POINT Oar ■W OF BEGINNING SMITH I air 4 F h �xnnces.wT�new_scwEnLn gate/dar 9k-HAW/an Divlrir.! F ! fill 1 11 v