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HomeMy WebLinkAbout058 - 04/18/2006 - AUTHORIZING THE CONVEYANCE OF AN EXCLUSIVE EASEMENT FOR A HIGH PRESSURE NATURAL GAS LINE TO PUBLIC S ORDINANCE NO. 058, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF AN EXCLUSIVE EASEMENT FOR A HIGH PRESSURE NATURAL GAS LINE TO PUBLIC SERVICE COMPANY OF COLORADO LOCATED AT 112 WILLOW STREET WHEREAS,the City is the owner of a certain parcel of real property located in Fort Collins, Colorado, known as Northside Aztlan Community Center(the "Property") located at 112 Willow Street; and WHEREAS, the City is planning to construct a new Northside Aztlan Community Center (the"Project") on the Property; and WHEREAS, Public Service Company of Colorado ("PSCo") currently has two exclusive easements for high pressure gas lines that run directly under the location of the Project; and WHEREAS, PSCo has notified the City that it will only need one gas line easement in the new location; and WHEREAS, the City has requested that PSCo move its high pressure line to a single new easement area over, under and across the Property in the location more particularly described on Exhibit"A", attached hereto and incorporated herein by this reference(the"Easement Area"); and WHEREAS, the City has agreed to reimburse PSCo for all its costs associated with the movement of the high pressure gas line, since the move is required for the City's construction project; and WHEREAS, PSCo has agreed that once PSCo has moved the high pressure gas line to the new Easement Area,PSCo will vacate the abandoned portions of the two existing easements by quit claim deed to the City; 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 any sale or other disposition of real property owned by the City 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 an easement to PSCo over, under and across the Easement Area, 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 described herein toPSCo 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 description 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 4th day of April, A.D. 2006, and to be presented for final passage on the day of April, A.D. 2006. Mayo ATTEST: City Clerk Passed and adopted on final reading on the 18th day of A 'I, A.D. 2006. May ATTEST: City Clerk EXHIBIT "A" 2310 East Prospect Fort Cow. , co 80525 i Oh:9]0.484.]4]] fa:970.484.7488 LEGAL DESCRIPTION www.tec-engrs.com PERMANENT GAS LINE EASEMENT A 20.00 FOOT WIDE PERMANENT GAS LINE EASEMENT OVER AND ACROSS A PORTION OF THE NORTHWEST ONE-QUARTER OF SECTION 12,TOWNSHIP 7 NORTH,RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,CITY OF FORT COLLINS,COUNTY OF LARIMER STATE OF COLORADO,LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: BASIS OF BEARINGS:THE NORTHEASTERLY RIGHT OF WAY LINE OF WILLOW STREET AS SHOWN ON THE MAP OF THE TOWN OF FORT COLLINS RECORDED IN BOOK 1 AT PAGE 48,LARIMER COUNTY RECORDS IS ASSUMED TO BEAR N48°50'00"W AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 2,BLOCK 3 OF SAID MAP; THENCE N48°50'00"W ON SAID NORTHEASTERLY RIGHT OF WAY LINE A DISTANCE OF 422.73 FEET TO THE POINT OF BEGINNING,SAID POINT LIES 10.00 FEET,MEASURED AT RIGHT ANGLES,EAST OF THE EASTERLY LINE OF THAT GRANT OF EASEMENT RECORDED AT RECEPTION NUMBER 2000032174,LARIMER COUNTY RECORDS; THENCE PARALLEL WITH SAID EASTERLY LINE THE FOLLOWING TWO(2)COURSES: 1. NOO°43'36"W A DISTANCE OF 198.37 FEET TO A POINT OF CURVE; 2. ON THE ARC OF A CURVE TO THE RIGHT HAVING A DELTA OF 10°46'22",A RADIUS OF 734.49 FEET,A DISTANCE OF 138.10 FEET,THE CHORD OF WHICH BEARS N04-39-35-E A DISTANCE OF 137.90 FEET; THENCE S83'30'25"E A DISTANCE OF 83.00 FEET; THENCE N07°34'24"E A DISTANCE OF 326.29 FEET; THENCE N54°58'00"E A DISTANCE OF 330.35 FEET TO THE POINT OF TERMINUS,SAID POINT BEING ON THE NORTHEASTERLY LINE OF THAT CERTAIN DEED RECORDED AT BOOK 1016 PAGE 478, LARIMER COUNTY RECORDS. THE SIDELINES OF SAID EASEMENT TO BE EXTENDED OR SHORTENED TO END ON THE NORTHEASTERLY LINE OF SAID BOOK 1016 PAGE 478 AT THE NORTHEASTERLY END AND ON SAID NORTHEASTERLY RIGHT OF WAY LINE AT THE SOUTHERLY END. CONTAINING A CALCULATED AREA OF 0.494 ACRES(21,522 SQUARE FEET). SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING. LEGAL DESCRIPTION STATEMENT' I,RICHARD W.PALS,A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO,DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY DIRECT RESPONSIBLE CHARGE,AND ON THE BASIS OF MY KNOWLEDGE,INFORMATION AND BELIEF, IS CORRECT. RICHARD W.PALS,REGISTERED LAND SURVEYOR COLORADO NO.31938 FOR AND ON BEHALF OF THE ENGINEERING COMPANY 05073UE2.DWG POINT OF TERMINUS gO? i 1j04 / 00"E 330.35' 0 50' WIDE RAILROAD //pZ 1 CONSOLDATION EASEMENT / - / PER RECEPTION NO. 2000032174 JW / N07'34'24"E 326.29' � ! CITY OF FORT COLLINS ' BOOK 1016 PAGE 478 S83'30'25"E 83.00' a W i 6--10'46'22" > _ R-734.49' Q L=138.10' W BLOCK4 Chore-N04'39'35"E 137,90' {U� 43— TOWN OF FORT COLLINS NOO'43'36"W 198.37' U I K PAGE 4g J 20' WIDE GAS LINE EASEMENT I 20' I POINT OF I EGINNING S QP N�b/ 6' Ri yti�aW POINT OF g COMMENCEMENT THE ENGINEERING COMPANY AND SURVEYOR OF RECORD DO NOT .N' EXPRESS NOR IMPLY ANY WARRANTY WITH THIS DRAWING. THIS DRAWING DOES NOT REPRESENT O SO 1 OO 1 SO 20 A MONUMENTED SURVEY AND IS 0 ONLY INTENDED TO DEPICT THE Scale: 1"=100' ATTACHED LEGAL DESCRIPTION, The Engineering Company LEGAL DESCCRIPTION nio eee�emgxi Rona s�rc�s can cmue.,mxuszs EXHIBIT (mo)4 74n w .kuoN.�m CITY OF FORT COLLINS