HomeMy WebLinkAbout2003-045-04/01/2003-AUTHORIZING A REVOCABLE PERMIT OVER A PORTION OF RESERVOIR RIDGE NATURAL AREA FOR CONSTRUCTION OF PL RESOLUTION 2003-045
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A REVOCABLE PERMIT OVER A PORTION
OF RESERVOIR RIDGE NATURAL AREA FOR CONSTRUCTION OF
PLEASANT VALLEY PIPELINE
BY THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT
WHEREAS, the City of Fort Collins is the owner of the property located west of Michaud
Lane known as the Reservoir Ridge Natural Area(the "Natural Area"); and
WHEREAS, the Northern Colorado Water Conservancy District ("NCWCD") is in the
process of constructing the Pleasant Valley Pipeline,a 67-inch diameter pipeline across the east end
of the Natural Area that will be located in a permanent easement granted to NCWCD by the prior
owner of the Natural Area; and
WHEREAS because the temporary construction easement originally acquired by NCWCD
along with the permanent easement expired before construction could begin,NCWCD has requested
that the City grant a new temporary construction easement (the "TCE") across two areas, as
described on Exhibit"A"and Exhibit"B",attached hereto and incorporated herein by this reference
(together referred to as the "Easement Area"); and
WHEREAS,City staff has negotiated with NCWCD an easement agreement entitled Pleasant
Valley Pipeline Construction Easement on Reservoir Ridge Natural Area and dated March 28,2003
(the "Easement Agreement"), which Easement Agreement is on file in the office of the City Clerk
and is available for pubic review; and
WHEREAS,together with this Resolution,staff is also presenting for Council's consideration
on first reading Ordinance No. 056, 2003, authorizing the TCE; and
WHEREAS,in order to allow NCWCD to begin work in the Easement Area on an expedited
basis, NCWCD has requested that the City grant a revocable permit to allow NCWCD to use the
Easement Area pending final adoption and effectiveness of Ordinance No. 056, 2003, and
completion of the Easement Agreement; and
WHEREAS, staff has prepared a Revocable Permit in a form substantially similar to the
Easement Agreement, which includes, in particular, the resource protection and restoration
requirements set out in the Easement Agreement,and further requires that all charges associated with
the TCE, in the total amount of$7,500, be paid at the time of grant of the Revocable Permit; and
WHEREAS,the Revocable Permit will expire upon the earlier of final approval and signing
of the Easement Agreement, or May 1, 2003; and
WHEREAS, the Natural Resources Advisory Board considered the proposed grant of the
TCE to NCWCD, and the terms of the Easement Agreement, at its regular meeting on February 5,
2003, and voted to recommend that the City Council authorize the grant of the TCE; and
WHEREAS,Article XI,Section 10,of the Charter of the City of Fort Collins authorizes the
Council to permit the use or occupation of any street, alley, or public place, provided that such
permit shall be revocable by the Council at its pleasure, whether or not such right to revoke is
expressly reserved in such permit.
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is authorized to execute such documents as are necessary to grant a
revocable permit consistent with this Resolution over that certain portion of Reservoir Ridge Natural
Area described on Exhibit"A" and Exhibit"B"to NCWCD for construction of the Pleasant Valley
Pipeline.
Passed and adopted at a regular meeting of the City Council of the City of Fort Collins held
this 1st day of April A.D. 2003.
J'
! f
!
Mayor ."
ATTEST:
LA
City Clerk
DESCRIPTION FOR PLEASANT VALLEY PIPELINE
20'TEMPORARY CONSTRUCTION EASEMENT "A"
A Tract of Land located in Sections 6,Township 7 North,Range 69 West and Sections 31 and.
32,Township 8 North,Range 69 West of the 6th Principal Meridian,County of.Larimer,State of
Colorado,being more particularly described as follows:
Considering the North line of the Northeast Quarter of Section 6,Township 7 North,Range 69
West as bearing North 89°58'41"West and with all bearings contained herein relative thereto:
Commencing at the Northeast corner of said Section 6;thence,North 89058'41"West,1.12 feet
to the POINT OF BEGINNING;thence,South 38°00'36"West, 1.06 feet to a point on the South
line of that Deed Recorded at Reception Number 94056579;thence along said line,South
66°42'56"West,.41.64 feet;thence departing said line,North 38000136"East,588.44 feet;thence
South 86'16'21"East,22.86 feet to a point on the centerline of the Pleasant Valley Lake Canal;
thence along said line,South 04°06'35"West,2.00 feet;thence departing said line,North
38°00'36"West,562.07 feet to the POINT OF BEGINNING.
The above described Tract of Land contains 0.265 acres more or less and is subject to all
easements and rights-of--ways now on record or existing.
DESCRIPTION FOR PLEASANT VALLEY PIPELINE
40'TEMPORARY CONSTRUCTION EASEMENT "B"
A Tract of Land located in Sections 6,Township 7 North,Range 69 West and Sections 3l and 32,
Township 8 North,Range 69 West of the 6th Principal Meridian,County of Larimer, State of
Colorado,being more particularly described as follows:
Considering the North line of the Northeast Quarter of said Section 6 as bearing North.89°58'41"
West and with all bearings contained herein relative thereto:
Commencing at the Northeast corner of said Section 6;thence along said line,North 89°58'41"West,
102.62 feet to the POINT OF BEGINNING;thence,South 38°00'36"West,84.67 feet to a point on
the South line of that Deed Recorded at Reception Number 94056579;thence along said line,Soutb
66042'56"West,83.28 feet;thence departing said line,North 38°00'36"East,767.03 feet to a point
on the North line of that Deed Recorded at Reception Number 94056579 and the South line of Fallon
CYR Subdivision.;thence along said line,South 89°29'32"East,50.42 feet;thence,South 38°00'36"
West,640.01 feet to the POINT OF BEGINNING.
The above described Tract of Land contains 0.685 acres more or less and is subject to all easements
and rights-of-ways now on record or existing.