HomeMy WebLinkAbout060 - 06/02/2009 - AUTHORIZING THE CONVEYANCE OF A UTILITY EASEMENT TO TRI-STATE GENERATION AND TRANSMISSION ASSOCIATIO ORDINANCE NO. 060, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A UTILITY EASEMENT TO TRI-STATE
GENERATION AND TRANSMISSION ASSOCIATION, INC.
WHEREAS, the City owns a certain parcel of real estate in the NW '/4 of Section 33,
Township 8 North, Range 68 West of the 6th Principal Meridian,-which is commonly known as
the Richards Lake Substation (the "City Property"); and
WHEREAS, the City Property is primarily used for electric power distribution activities
by the Platte River Power Authority ("Platte River"); and
WHEREAS, Tri-State Generation and Transmission Association, Inc. ("Tri-State") is
proposing to construct an overhead electric transmission line project known as the Richards Lake
Substation to Waverly Electrical Transmission Line Project (the "Project"); and
WHEREAS, as part of the Project, Tri-State has requested a permanent, non-exclusive
utility easement (the "Easement") over the City Property; and
WHEREAS, Tri-State would construct a portion of the proposed overhead electrical
transmission line and connect the new line to Platte River's high voltage substation equipment
within the Easement; and
WHEREAS, the Easement is approximately 50 feet wide and covers approximately
12,171 square feet of the City Property; and
WHEREAS, as consideration for the Easement, Tri-State would pay $12,171 to the
City's Utilities Department, which represents the fair market value of the Easement as
determined by an appraisal by Foster Valuation Services, LLC; and
WHEREAS, Tri-State would also pay $4,000 to the City's Utilities Department for the
value of four Austrian Pine trees and hedges that would be removed from the Easement area by
Tri-State, and pay $1,000 to the City's Real Estate Services Department for processing the
Easement; and
WHEREAS, Tri-State would be required to maintain liability insurance coverage for the
City's protection while the easement is in effect; and
WHEREAS, the City would reserve the right to terminate the easement if the proposed
overhead line is not built, if it is abandoned, or if the related license agreement from the City to
Platte River is terminated; and
WHEREAS, City staff has identified no negative impacts to the City resulting from the
grant of the requested Easement; and
WHEREAS, to create the connection to Tri-State's new transmission line, Platte River
will add two new circuit breakers to the Richards Lake Substation; and
WHEREAS, adding these new circuit breakers will also increase the reliability of
electrical service to the citizens of Fort Collins; and
WHEREAS, at its meeting on March 4, 2009, the City's Electrical Utility Board
recommended approval of the related license agreement to Platte River and the installation of the
facilities necessary to provide interconnection to Tri-State at the Richards Lake Substation and,
by the adoption of Resolution 2009-047, the City Council has approved the same; and
WHEREAS, Section 23-111 of the City Code states that the City Council is authorized to
sell, convey, or otherwise dispose of an interest in real property owned by the City, that is a part
of the City's utility system, provided that the City Council first finds, by ordinance, that such
sale or disposition will not materially impair the viability of the City utility system as a whole,
will be for the benefit of the City's citizens, and is in the best interests 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 permanent, non-exclusive utility easement on
the City Property to Tri-State as provided herein is in the best interests of the City, will not
materially impair the viability of the City's electrical utility system as a whole, and will be for
the benefit of the citizens of the City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the easement to Tri-State, 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 description
of the easement, as long as such changes do not materially increase the size or change the
character of the easement. ,
Introduced, considered favorably on first reading, and ordered published this 19th day of
May, A.D. 2009, and to be presented for final passage on the day of June, A.D. 2009.
1
Mayor
_ATTEST:
4
Chief.Deputy City Clerk
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Passed and adopted on final reading on the 2nd day of Ju D. 2009.
ayo
ATTEST:- -
City Clerk
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