HomeMy WebLinkAbout2012-069-08/21/2012-AUTHORIZING A REVOCABLE PERMIT FOR REDLINE PIPELINE LLC TO EXCAVATE A PORTION OF STRAUSS CABIN ROAD RESOLUTION 2012-069
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A REVOCABLE PERMIT FOR REDLINE PIPELINE LLC
TO EXCAVATE A PORTION OF STRAUSS CABIN ROAD
TO INSTALL AN IRRIGATION PIPELINE
WHEREAS, the City is the owner of a piece of real property described on Exhibit "A",
attached and incorporated herein by reference (the "Property"); and
WHEREAS, the Property, which covers approximately 22,500 square feet, is located in the
western half of Strauss Cabin Road and in East Harmony Road; and
WHEREAS, the City acquired the Property by quit claim deed from the adjacent property
owner,Lafarge West,Inc.,in 2010,after a survey identified the Property as not having been included
in a previous dedication of property to Larimer County for road right-of-way; and
WHEREAS, the Property has been used for public road purposes for many years, although
it was never dedicated as right-of-way and is not shown in public real property records.as being for
use by the City as right-of-way; and
WHEREAS, the lack of right-of-way designation for the Property raises issues about the
proper procedures for granting access to the Property for utilities seeking to locate facilities within
the road right-of-way or for other future uses; and
WHEREAS,Redline Pipeline LLC("Redline")wishes to install a pipeline under the northern
end of Strauss Cabin Road near East Harmony Road for the benefit of Harmony Gardens (the
"Pipeline"); and
WHEREAS, a portion of the Pipeline would be on the Property; and
WHEREAS,if the proposed location for the Pipeline were entirely within road right-of-way,
Redline would only be required to obtain excavation and encroachment permits from the
Engineering Department before installing the Pipeline; and
WHEREAS,by separate ordinance, City staff is recommending that the Council declare the
Property to be right-of-way for Strauss Cabin Road and Harmony Road, but Redline would like to
start its project as soon as possible,to take advantage of the fact that another excavation was recently
made in the road in the same area, and the final patch has not yet been applied to the road; and
WHEREAS, it is in the best interests of the City for Redline to complete its project before
the final patch is applied to the road for the previous project, and staff is therefore recommending
that the City Council approve the issuance of a revocable permit to Redline to excavate and install
the Pipeline on a portion of the Property as shown on Exhibit`B",attached and incorporated herein
by reference; and
WHEREAS,Article XI, Section 10 of the City Charter authorizes the City Council to permit
the use or occupancy of any street, alley, or public place, provided that such permit shall be
revocable by the City Council at its pleasure, whether or not such right to revoke is expressly
reserved in such permit;
WHEREAS, Redline would still be required to obtain the necessary excavation and
encroachment permits for the portion of its project that is within the right-of-way and pay the
required fees for such permits.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds and determines that the granting of a
revocable permit as described herein is in the best interests of the City.
Section 2. That the City Manager is hereby authorized to execute such documents as are
necessary to issue a revocable permit to Redline consistent with the terms of this Resolution,
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 or to
effectuate the purposes of this Resolution, including any necessary changes to the legal description
of the permit area that do not result in a material increase in size or change in character of the permit
area.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21 st
day of August A.D. 2012.
or
FORT C0<
off' Mayor P T
a: g
ATTEST:
...LORPO
City Clerk
EXHIBIT ^A^
PAGE 1 OF 2
A tract of land located in the Northeast Quarter of Section 4
Township 6 North Range 68 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the tract is also
that certain tract of land as described in a Warranty Deed recorded
August 24, 1989 at Reception No. 8903B015 records of the Clerk and
Recorder of the said Larimer County, being more particularly
described as follows; '
The East 30.00 feet of the North 750. 00 feet of the said Northeast
Quarter of Section 4, Township 6 North Range 68 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado
The above described tract contains 22, 500 square feet more or less,
and is subject to all easements and rights of ways now existing or
of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
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EXHIBIT W Page 2 of 2
LOCATION SKETCH
EAST HARMONY ROAD
(ROW VARIES)
I NE CORNER
4-5-68
NORTH LINE/OF NE 1/4
4-6-68
TRACT TO BE 0
QUIT CLAIMED TO I Q
CITY OF FORT COLLINS O ^
22,500 SQ.FT. 0
I Z �
M -I
EAST✓OOO FEET OF O NOTrTf/ 750.00 FEET 0 O
0
NE >/A SECT/0/v u�
-6-68 "D
Q O
N
NTS
MARCH 9, 2010 30' ROW
THIS SKETCH AND THE AREAS 30' ROW
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUNENTED BOUNDARY SURVEY. EAST LINE OF NE 1/4
4-6-68
K\SURV\PROJ\DEV REV\LAFARGE.DWG
Exhibit "B"
LOCATION SKETCH
EAST HARMONY ROAD
(ROW VARIES)
I NE CORNER
4-6-68
NORTH LINE OFNE 1/4
4-6-68
I
TRACT TO BE F-��j
QUIT CLAIMED TO
CITY OF FORT COLLINS 22,500 SQ.FT. +/--v00 FEET OF O
/Of Th Co FEET OF c
NE >/4 SECT/ON (n
4-6-68 O
F--
cn
NTS
MARCH 9, 2010 30' ROW
4115 SKETCH AND THE AREAS 30' ROW
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY. EAST LINE OF NE 1/4
i� 4-6-68
K\SURV\PRAI\OP! REV\IA.FARGE.DWG