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HomeMy WebLinkAbout012 - 02/05/2013 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ORDINANCE NO. 012, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS , AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON CITY UTILITY PROPERTY TO PUBLIC SERVICE COMPANY OF COLORADO WHEREAS, the City is the owner of two parcels of real property located west of McClelland Drive and north of Horsetooth Road in Fort Collins, Colorado, identified in County records as parcel numbers 97264-21-901 and 97264-36-901 (the "City Property"), and used for stormwater purposes; and WHEREAS, Public Service Company of Colorado, ("PSCo") has requested a utility easement and a temporary construction easement (the "Easements") on the City Property for the benefit of its West Main High Pressure Natural Gas Line Replacement Project; and WHEREAS, the proposed Easements would be used to install an underground natural gas pipeline as part of a transmission pipe running from Loveland north through Fort Collins to Vine Drive; and WHEREAS, the proposed utility easement, which is 50 feet wide and covers 1.6 acres, is described and shown on Exhibits "A-1" and "A-2", attached and incorporated herein by reference; and WHEREAS, the proposed temporary construction easement, which covers 1.4 acres, is described and shown on Exhibits "B-l" and "B-2", attached and incorporated herein by reference; and WHEREAS, PSCo will compensate the City $5,500.00 for the Easements and for staff processing time; and WHEREAS, the majority of the pipeline on the City Property will be bored underground to avoid City improvements and the area used for stormwater detention; and WHEREAS, City staff has identified no negative impacts to the City resulting from the granting of the Easements; and WHEREAS, PSCo's payment for the Easements and the improved pipeline will provide a benefit for the citizens of 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 any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City and, with respect to real property that is part of the City's water or utility systems, that the disposition will not materially impair the viability of the particular utility system as a whole and will be for the benefit of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the City's conveyance to PSCo of the Easements on the City Property as provided herein is in the best interests of the City, will not materially impair the viability of the City's stormwater 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 Easements to PSCo 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 descriptions of the Easements, as long as such changes do not materially increase the size or change the character of the Easements. Introduced, considered favorably on first reading, and ordered published this 15th day of January, A.D. 2013, and to be presented for final passage on the 5th day of February, A.D. 2013. OF t2RTCO L o U; :n SE AL :� a or ATTEST: Y� ORPP City Clerk Passed and adopted on final reading on the 5th day of February, A.D. 2013. yore ATTEST: G`�l OF•FOR :0 Cj City Clerk r°. �S EXHIBIT A-1 SEH Sheet 1 of 2 PERMANENT EASEMENT, CITY OF FORT COLLINS PARCEL (WARREN FARMS THIRD FILING) A parcel of land lying in the Southeast Quarter of Section 26, 'rownship 7 North, Range 69 West, of the 6lh Principal Meridian, County of Larimmr, State of Colorado, said parcel also being a part of"Tact A as shown on the plat of Warren Farms Third Filing described under Reception Number 2000018145, Latimer County Records, said parcel being more particularly described as follows: Beginning on the north line of said Tract A where the northeast corner of said Tract A bears N89e59'20"E, 32.29 feet; "thence S00e00'00"W, 878.69 feet to a point on the south line of said"tract A; Thence along the said south line the following two(2)courses: 1. Along the me of a Curve to the ]ell having a central angle of 19°29'41", a radius of 195.00 feet, an are length of 66.35 feet and a chord that bears N33°45'36"W, 66.03 feet to a point of reverse curvature; 2. Along the are of a curve to the right having a central angle of 02n04'19", a radius of 545,00 feet, an are length of 19.71 feet and a chord that bears N42e28'17"W, 19.71 feet; Thence N00°00100"E, 809.25 feet to a point on the said north line of Tract A; Thence N89e59'20"E,along the said north line, 50.00 feet to the Point.of Beginning. Containing 41,977 square feet(0.964 acres), more or less. For the purpose of this description, the basis of bearings is the south line of said Southeast Quarter, being S89e59'04"W, monumented as shown and described on Exhibit A sheet 2 of 2 attached hereto and made a part hereof pNUllllllllll//////i REG/Sgg4 The author of this description is George A. Robinson, I'LS 35593, \ prepared o�� Oil behalf of SEH Inc., 390 Union Boulevard, Suite 630, Lakewood, CO 80228, on January 6, 2013 Under Job No. PSCOC 1 16546-5.0, for Public Service Company of Colorado, and is not to be construed as representing a monumented land survey. �cef George A. Robinson, 11.S 35593 S:lsurvey land projects r21_(PSCOC 116546.5.0)14th ST to Air ParklLegal Description s\C ity of Fort Collins-PE Parcel(Warren Farms).doc 390 Union Boulevard,Suite 630,Lakewood,CO 80228-1557 SEH is an equal opportunity employer I www.seliliic.com 1 303.686,5800 1 303.586.5801 fax SHEET 2OF2 PERMANENT EASEMENT, CITY OF FORT COLLINS PARCEL J® (WARREN FARMS THIRD FILING) N89059'20"E POINT OF BEGINNING SEH 50.00, N8905 32.29' Lakewood,Colorado Suite orado 80228 I NE CORNER TRACT A Phone:303-586-5800 1 UTILITY ESMT 630 REC1F 2000018145 WARRENFARMS THIRD FILING PERMANENT REC# 2000018145 EASEMENT TRACT A o i 41,977 S. F. (0.964 AC.) M/L � I LU o l 0 0 S00°00'00"W 0 878.69' 0 z I 50.00' a is o SE1/4 SEC. 26 0 T7N, R69W I K U W W H IK � O 2 w Z F� I W O I dim I z I-- 2 n 9� I � I I I I I I I I I I I A=02°04'19" R=545.00', L=19.71' i 0 100 200 CH=N42°28'17"W 19.71' scale feet 1"=100' A=19029'41" R=195.00', L=66.35' CH=N33°45'36"W 66.03' S1/4 COR. SEC. 26 SE COR. SEC. 26 j 3-1/4"ALUM CAP 2-1/2"ALUM CAP 2LS20_123; 1989 S LINE, SE1/4 SECTION 26 ILLEGIBLE �— BASIS OF BEARINGS S89059'04"W 2644.90' � I EXHIBITA-2 -A SEH Sheet 1 of 2 PERMANENT EASEMENT, CITY OF FORT COLLINS PARCEL (MEADOW LARK HEIGHTS THIRD FILING) A parcel of land lying in the Southeast Quarter of Section 26, Township 7 North, Range 69 West, of the 6th Principal Meridian, County Of Larimer, State of Colorado, said parcel also being a part of Tract B as shown on the plat of Meadow Lark Heights Third Filing described Under Reception Number 29881, Latimer County Records, said parcel being more particularly described as follows: Beginning on the south line of said Tract B where the northeast corner Of Tract A as shown on the plat of Warren Farms Third Filing described under Reception Number 2000018145, Larimer County Records bears N89'59'20"E,32.29 feet; Thence S89°59'20"W,along said south line, 50.00 feet; Thence N00°00'00"E, 544.06 feet; Thence N90°00'00"E, 90.84 feet to a point on the east line of said Tract B; Thence S00°37'26"W, along the said east line, 50.00 feet; Thence S90e00'00"W,40.30 feet; Thence S00°00'00"W, 494.05 feet to the Point of Beginning. Containing 29,231 square feet(0.671 acres), more or less. For the purpose of this description, the basis Of hearings is the south line of said Southeast Quarter, being S89e59'04"W, monumented as shown and described on Exhibit B sheet 2 of 2 attached hereto and made a part hereof. The author of this description is George A. Robinson, PLS 35593, prepared on behalf of SEII Inc., 390 Union Boulevard, Suite 630, Lakewood, CO 80228, on January 6, 2013 Under Job No. PS000 construed Os reptetsenting ablic vicel�on Company 1 land osurvey, oV yo,and is not to be `\\``� o tIREG�s ����� Q G George A. Robinson, PLS 35593 SAsurvey land projects r2t_(PSCOC 116546-5.0) 14th ST to Air Park\Legal DescriplionstCity of Fort Collins-PE Parcel(Meadow Lark Heights).doc 390 Union Boulevard,Sulto 630.Lakewood,CO 80228-1557 SEH is an equal opportunity employer I www.sohi,ic.com 1 303.586.5600 1 303.586.5801 fax SHEET 2 OF 2 PERMANENT EASEMENT, CITY OF FORT COLLINS PARCEL /JA (MEADOW LARK HEIGHTS THIRD FILING) MEADOW LARK HEIGHTS THIRD FILING S E H REC#29881 TRACTA Suite 630 Lakewood,Colorado 80228 Phone:303-586-5800 N90000'00"E 90.84' S00°37'26"W 50.00, MEADOW LARK HEIGHTS THIRD FILING S900001001'W REC# 29881 40.30' TRACT B 50.00' PERMANENT EASEMENT 29,231 S. F. (0.671 AC.) M/L SE1/4 SEC. 26 T7N, R69W o � o N00°00'00"E 2� o 544,06' o J o 0 MEADOW LARK HEIGHTS THIRD FILING0 --z REC#29881 o w TRACT C U) 0_ O Z 0 100 200 z O scale feet c7 1"=100, z J MEADOW LARK HEIGHTS THIRD FILING m REC# 29881 TRACT B POINT OF BEGINNING ---------------------- ---- ---- - 20'UTILITY&DRAINAGE ESMT REC#29881 WARREN FARMS THIRD FILING REC#2000018145 S89059'20"W NE CORNER TRACTA TRACTA 50.00' REC#2000018145 N89°59'20"E ] 'N�\- 32.29 SE COR. SEC. 26 3-1/4"S SEC. 26 2-1/2"ALUM CAP -1 ALUM CAP PLS20— _123; 1989 S LINE, SE1/4 SECTION 26 ILLEGIBLE � BASIS OF BEARINGS S89059'04"W 2644.90' � EXHIBIT B-1 SEH Sheet 1 of 2 CITY OF FORT COLLINS TE PARCEL 1 (WARREN FARMS THIRD FILING) A parcel of land lying in the Southeast Quarter of Section 26, Township 7 North, Range 69 West, of the 6th Principal Meridian, County of Larimer, State of Colorado, said parcel also being a part of Tract A as shown on the plat of Warren Farms Third Piling described Linder Reception Number 2000018145, Larimer County Records, said parcel being more particularly described as follows: Beginning on the north line of said Tract A where the northeast corner of said Tract A bears N89e59'20"E, 82.29 feet; Thence SOOe00'00"W, 809.25 feet to a point on the south line of said Tract A; Thence along the are of a curve to the right having a central angle of 04e08'42", a radius of 545.00 feet, an are length of 39.43 feet and a chord that bears N39e21'47"W, 39.42 feet; Thence N00e00'00"E, 778.77 feet to a point on the said north line of Tract A; Thence N89e59'20"E, along the said north line, 25.00 feet to the Point of Beginning. Containing 19,860 square feet (0.456 acres), more or less. For the purpose of this description, the basis of hearings is the south line of said Southeast Quarter, being S89e59'04"W, monumented as shown on the attached illustration. The author of this description is George A. Robinson, PLS 35593, prepared on behalf of SEH Inc., 390 Union Boulevard, Suite 630. Lakewood, CO 80228, on �%�%0111111Ot/f January 6, 2013 Linder Job No. PSCOC 116546-5.0, for Public �o�``�• •0 REG/Sllllvl, Service Company of Colorado, and is not to be construed as c representing a monumented land survey. :0 35593 George A. Robinson, PL,S 35593 S_\suway land projects r2\_(PSCOC 116546-5,0) 14th ST to Air Park\Legal DescriptionslCity of Fort Collins-TE Parcel 1 (Warren Farms).doc 390 Union Boulevard,Suite 630,Lakewood,CO 80228.1557 SEH is an equal opportunity employer 1 www.sehlnc.com 1 303.586.5800 1 303.586.5801 fax CITY OF FORT COLLINS TE PARCEL 1 ILLUSTRATION SHEET 2 OF 2 (WARREN FARMS THIRD FILING) �® POINT OF BEGINNING S E H N89'5 25.0000' N89059'20"E 82.29' Suite 630 __ f Lakewood,Colorado 80228 Phone:303-586-5800 NE CORNER TRACT A I 15'UTILITY ESMT REC#2000018145 WARREN FARMS J* THIRD FILING REC# 2000018145 N TRACT A 0 w 0 0 O O TE PARCEL 0 L) I i 19,860 S. F. (0.456 AC.) M/L Z � rI I 25.00' I I SE1/4 SEC. 26 z to T7N, R69W W z IV w F Z Z ZR Ijw z 2 W O F - U~ a I Z J 711 II T I II I I I II I I A=04°08'42" R=545.00', L=39.43' l CH=N39°21'47"W 39.42' 1 0 100 200 I I scale feet 1"=100' S1/4 COR. SEC. 26 SE COR. SEC. 26 3-1/4"ALUM CAP 2-1/2"ALUM CAP PLS20_123; 1989 S LINE, SE1/4 SECTION 26 ILLEGIBLE - -- - - - - - - - - - - - - - - 0— BASIS OF BEARINGS S89°59'04"W 2644.90' �® EXHIBIT B-2 O® SEH Sheet 1 of 3 CITY OF FORT COLLINS TE PARCEL 2 (MEADOW LARK HEIGHTS THIRD FILING) A parcel of land lying in the Southeast Quarter of Section 26, Township 7 North, Range 69 West, of the 6th Principal Meridian, County of Latimer, Slate of Colorado, said parcel also being a part of Tract B as shown on the plat of Meadow Lark Heights Third Filing described under Reception Number 29881, L,arimer County Records, said parcel being more particularly described as follows: Beginning on the south line of said Tract B where the northeast corner of Tract A as shown on the plat of Warren Farms Third Filing described under Reception Number 2000018145, Larimer County Records bears N89e59'20"E, 82.29 feet; Thence S89e59'20"W, along said south line, 25.00 feet; Thence NOOe00'00"E, 90.02 feet to a point on the south line of Tract C as shown on said plat of Meadow Lark Heights Third Filing; 'thence along the boundary for said Tract C the following three (3) courses: 1. N89e59'10"E, 20.91 feet; 2. N00e37'l6"E, 177.54 feet; 3. N47°15'07"W, 3LI0 feet; Thence NOOe00'00"E, 205.40 feet; Thence S90e00'00"W, 220.69 feet to a point on the west line of said "tract B; Thence along the boundary for said Tract B the following four (4) Courses: L N27e44'53"E, 96.81 feet; 2. NI4e18'07"E, 41.29 feet; 3. N89e55'20"E, 282.09 feet; 4. S00e37'26"W, 76.08 feet; Thence S90a00'00"W, 90.84 feet; Thence SOOe00'00"W, 544.06 feet to the Point of Beginning. Containing 42,1,30 square feet (0.967 acres), more or less. S:lsurvey land projects 0_(PSCOC 116546-5.0) 14th ST to Air PaWl-egaI Oescriptionskety of Fort Collins-TE Parcel 2(Meadow Lark Heights).doc 390 Union Boulevard,Suite 630,Lakewood,CO 80228-1557 SEH Is an equal opportunity employer I www.sehlnc.com 1 303.586.5800 1 303.586.5801 tax Short Elliott Hendrickson Sheet 2 of 3 For the purpose of this description, the basis of bearings is the south line of said Southeast Quarter, being S89e59'04"W, monumented as shown on the attached illustration. The author of this description is George A. Robinson, PLS 35593, prepared on behalf of SEH Inc., 390 Union Boulevard, Suite 630, Lakewood, CO 80228, on January 6, 2013 under Job No. PSCOC 116546-5.0, for Public Service Company of Colorado, and is not to be construed as representing a monumented land survey. \\\ppUlUnluyp��� , iii �• •p•REC,( b,,i 35593 George A. Robinson, PLS 35593 SAsurvey land projects r2\_(PSCOC 116546-5.0)14th ST to Air Park\Legal Descriptions\City of Fort Collins-TE Parcel 2(Meadow Lark Heights).doc 390 Union Boulevard,Suite 630,Lakewood,CO 80228-1557 SEH Is an equal opporlunity employer I www.sehinc.com 1 303.586.5800 1 303.586.5801 fax SHEET 3 OF 3 CITY OF FORT COLLINS TE PARCEL 2 ILLUSTRATION (MEADOW LARK HEIGHTS THIRD FILING) MEADOW LARK HEIGHTS THIRD FILING REC#29881 TRACT A N89055'20"E 282.09' N14018'07°E MEADOW LARK HEIGHTS so 76.08' THIRD FILING 41.29' 6.0 REC# 29881 N2744'53"E' TRACT B 96.81' TIVO '00"W 84' S90000'00"W 220.69' o a w TE PARCEL 0 30 S. F. (0.967 AC.) M/L 0 SE1/4 SEC. 26 Z T7N, R69W N47°15'07"W31.10'MEADOW LARK HEIGHTS THIRD FILING REC#29881 TRACT C N00037'16"E U) < 177.54' W o a I Z 0 100 200 Ell z N89°59'1 style 1"=100' feet 20.91' z cc J O MEADOW LARK HEIGHTS THIRD FILING I m SEA REC# 29881 — 25.00' TRACT B N00°00'00"E Suite 630 90.02' Lakewood,Colorado 80228 ------------------------`----' — -------- Phone:303-586-5800 20'UTILITY 8 DRAINAGE ESMT REC#29881 WARREN FARMS THIRD FILING REC#2000018145 S89059'20"W TRACTA 25.00' NE CORNER TRACT REC#2000018145 POINT OF BEGINNING N89°59'20"E S1/4 COR. SEC. 26 82 29' SE COR. SEC. 26 3-1/4"ALUM CAP 2-1/2"ALUM CAP PLS20123; 1989 S LINE, SE1/4 SECTION 26 ILLEGIBLE - - - - - - - - - - - - - - - - - - - - - 0 BASIS OF BEARINGS S89°59'04"W 2644.90'