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HomeMy WebLinkAbout070 - 07/05/2011 - AUTHORIZING THE CONVEYANCE OF A WATERLINE EASEMENT, ACCESS EASEMENT, AND TEMPORARY CONSTRUCTION EASE ORDINANCE NO. 070, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A WATERLINE EASEMENT, AC SS EASEMENT, AND TEMPORARY CONSTRUCTION EASEMENT ON Y PROPERTY TO THE CITY OF GREELEY WHEREAS, the City owns a certain parcel of real property locate in Larimer County, Colorado, known as the City Ditch (the "City Property"); and WHEREAS, the Larimer County Canal No. 2 Irrigating Com y(the "Canal Company") utilizes the City Property through an existing easement agreement th the City; and WHEREAS, the City of Greeley ("Greeley"), is in the rocess of acquiring the necessary easements for its Bellvue Waterline Project, which will tr sport water from Greeley's Bellvue Water Treatment Plant to Greeley water customers (the " oject"); and WHEREAS, as part of the Project, Greeley h asked the City to convey to it a permanent easement and a temporary construction easement o he City Property as described in Exhibit"A", attached hereto and incorporated herein by this re rence,and Greeley has asked the City to convey to it an access easement on the ditch-access oad to reach the City Property (collectively the "Easements"); and WHEREAS, the requested pe ent easement is .19 acres in size and the requested temporary construction easement is .1 acres; and WHEREAS,City staff has aluated whether the Easements would interfere with the City's intended use or the Canal Co pany's use of the Property, and has concluded that no such interference would result fro e Easements; and WHEREAS, as co ideration for the Easements, Greeley has agreed to pay the City$3,545 for the Easements, base n the estimated fair market value of the Easements, and to also pay the cost of the City staff ti e required for the processing of the Easements; and WHEREA City staff has negotiated easement forms that provide for City review and approval of cons ction plans for the portions of the Project on the Easements, for avoidance of surface and oth potential impacts from the construction and operation of the improvements, and for restoratio of the Easement areas in accordance with the City's Natural Areas Resource Protection dards; and EREAS,the permanent easement,temporary construction easement and access easement docum is negotiated by staff,dated April 15,2011 (the"Easement Documents"), are on file in the offic of the City Clerk and available for inspection; and WITHDRAWN ON FIRST READING 6/7/11 WHEREAS,City staff has identified no negative impacts to the City or the City Water Utilit that would result from the grant of the requested Easements or installation of the waterline; an WHEREAS, on December 6, 2010, the proposed Easements were presented to the Ater Board for consideration, and the Water Board voted unanimously to recommend approv of the Easements; and WHEREAS, on December 8, 2010, the proposed Easements were present to the Land Conservation and Stewardship Board for consideration,and the Land Conservatio nd Stewardship Board voted unanimously to recommend approval of the Easements; and WHEREAS, Section 23-111(a)of the City Code provides that the C' Council is authorized to sell, convey, or otherwise dispose of any and all interests in real pro rty owned in the name of the City for apart of the City's utility system,provided that the Counci first finds,by ordinance,that such sale or other disposition will not materially impair the viabili of the affected utility system as a whole and that it will be for the benefit of the citizens of the ty and in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY T COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the E ements to Greeley as provided herein will not materially impair the viability of the affected utili system as a whole and will be for the benefit of the citizens of the City and in the best interests the City. Section 2. That the Mayor is reby authorized to execute such documents as are necessary to convey the Easements to reeley, on terms and conditions consistent with this Ordinance and in a form substantially e same as the Easement Documents, together with such additional terms and conditions as t e City Manager, in consultation with the City Attorney, determines are necessary or appropri e to protect the interests of the City,including,but not limited to,any necessary changes to the le I descriptions of the easements,as long as such changes do not materially increase the size or c ge the character of the easements. Introduced,considere avorably on first reading,and ordered published this 7th day of June, A.D. 2011, and to be prese ed for final passage on the 5th day of July, A.D. 2011. Mayor ATTEST: City Cler -2- Passed and adopted on final reading on the 5th day of July, A.D. 2011. Mayor ATTEST: City Clerk -3-