HomeMy WebLinkAbout068 - 05/07/2013 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT IN A PORTION OF SOUTH SHIELDS STREET ORDINANCE NO. 068, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF
A NON-EXCLUSIVE UTILITY EASEMENT IN A PORTION OF
SOUTH SHIELDS STREET TO
PUBLIC SERVICE COMPANY OF COLORADO
WHEREAS, the City is the owner of the current Shields Street right-of-way lying within
the southwest quarter of Section 34 and the southeast quarter of Section 35, Township 6 North,
Range 69 West of the 61h Principal Meridian, County of Larimer, State of Colorado, between
Harmony Road and a point 548 feet north, more or less, of the intersection between Troutman
Parkway and Shields Street (the "City Property"); and
WHEREAS, Public Service Company of Colorado, ("PSCo") has requested a non-
exclusive utility easement (the "Easement") on a portion of the City Property for the benefit of
its West Main High Pressure Natural Gas Line Replacement Project(the "Project'; and
WHEREAS, the portion of the Project for which the Easement is needed consists of the
installation of a new underground natural gas pipeline in a segment of the line running from
Loveland north through Fort Collins to Vine Drive as part of a larger system encompassing
Larimer, Weld and Boulder counties; and
WHEREAS, the proposed non-exclusive utility easement would be 50 feet wide, contain
2.99 acres, and run within the right-of-way for South Shields Street as shown and described on
Exhibits "A-l" and "A-2", attached and incorporated herein by reference (the "Pipeline
Easement"); and
WHEREAS, PSCo would be required to obtain excavation permits and other
administrative approvals normally associated with work within a City right-of-way, and would
also be required to restore any impacts to the City Property from the Project; and
WHEREAS, the location of the natural gas pipeline in the location described will
eliminate undesirable barriers to the implementation of City Plan on adjoining property, and as
well as undesirable alignment of the pipeline in the street that would result from the originally
planned location of the pipeline; and
WHEREAS, because PSCo has modified Project plans at the request of the City in light
of the City's preferred location for the pipeline, City staff recommends that no compensation be
required for the Easement; and
WHEREAS, the Easement is for the limited term of fifteen years, after which the natural
gas pipeline would be governed by all requirements and limitations applicable to utility lines,
and particularly natural gas pipelines, in City rights-of-way; and
WHEREAS, City staff recommends that the City Council authorize the granting of the
Easement as described in this Ordinance; and
WHEREAS, Section 23-111(a) 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.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section I. That the City Council hereby finds that the City's conveyance to PSCo of
the Easement on the City Property as provided herein is in the best interests of the City.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Easement 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 29th day of
April, A.D. 2013, and to be presented for final passage on the 7th day of May, A.D. 2013.
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City Clerk
Passed and adopted on final reading on the 7th day of May, A.D. 2013.
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EXHIBIT A-1
DESCRIPTION OF A PIPELINE EASEMENT TO BE CONVEYED
FROM THE CITY OF FORT COLLINS TO PUBLIC SERVICE COMPANY OF COLORADO
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 7
NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER,
STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTON OF THE RIGHT OF WAY FOR SHIELDS STREET, BEING BOUNDED ON THE SOUTH BY
A LINE FIFTY FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF THE SOUTHWEST
QUARTER OF SECTION 35; BEING BOUNDED ON THE WEST BY THE WEST LINE OF THE
SOUTHWEST QUARTER OF SECTION 35; BEING BOUNDED ON THE NORTH BY THE NORTH LINE
OF THE SOUTHWEST QUARTER OF SECTION 35;AND BEING BOUNDED ON THE EAST BY THE
EAST RIGHT OF WAY LINE OF SHIELDS STREET AS SHOWN ON THE PLATS OF WOODLANDS
P.U.D.- FILING ONE AND WILLOW PARK SUBDIVISION.
CONTAINING 130,237 SQUARE FEET(2.99 ACRES), MORE OR LESS.
I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND IS TRUE AND
CORRECT TO THE BEST OF MY PROFESSIONAL KNOW LED ND OPINION.
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JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 "� 'h��Z'✓'�°�'�v
FOR AND ON BEHALF OF THE CITY OF FORT COLLINS SSgL IAN�2
P.O. BOX 580, FORT COLLINS, CO 80522
S:\Engineering\Departments\Survey\Projects\EngineedngV(CEL Energy Pipeline 2013Megals\Xcel Esmt Shields Lgl.docz
EXHIBIT OF EXHIBIT A-2
A PIPELINE EASEMENT TO BE CONVEYED
FROM THE CITY OF FORT COLLINS TO PUBLIC SERVICE COMPANY OF COLORADO
N. LINE OF SW1 4 SEC. 35
W 1/4 COR.
SEC 35-7-69
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THIS EXHIBIT's SOLE INTENT IS TO
GRAPHICALLY REPRESENT AND AUGMENT
THE ATTACHED PROPERTY DESCRIPTION. IT G
DOES NOT REPRESENT A MONUMENTED
LAND SURVEY AS DEFINED IN C.R.S. • :O 31169 & `
38-51-102. IN THE EVENT OF
DISCREPANCIES BETWEEN THIS EXHIBIT ANDQ� .y�y��r0
THE ATTACHED PROPERTY DESCRIPTION, F
THE INFORMATION CONTAINED WITHIN THE SSigy^.' 2
ATTACHED PROPERTY DESCRIPTION SHOULD
BE RELIED UPON. SW COR.
SEC 35-7-69
S. LINE OF SW1 4 SEC. 35
HARMONY ROAD