HomeMy WebLinkAbout954 Firestone Rails Potable Waterline EasementORDINANCE NO, q SJ
AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE,
COLORADO, AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF
CERTAIN REAL PROPERTY INTERESTS NECESSARY TO PROVIDE, OPERATE
AND MAINTAIN A WATER PIPELINE FOR THE CONVEYANCE OF WATER
WHEREAS, the Town of Firestone ("Town") possesses the power of eminent domain pursuant to
the provisions of C.R.S. §§ 3145-708(1)(b), 31-35402(1)(a), and 38-1-202(1)(e) to acquire an
easement in the real property described herein for the purposes of constructing, locating,
maintaining, operating, repairing and replacing a water pipeline and other appurtenant structures
and facilities for the conveyance and distribution of water as part of the Town's public water
system; and
WHEREAS, the Town, in carrying out its functions and in order to deliver water services, finds it
is necessary for the Town to acquire a perpetual, non-exclusive easement (the "Property Rights")
over, across and under certain real property, as more particularly described on Exhibit A, attached
hereto and incorporated herein by this reference; and
WHEREAS, the Town will negotiate in good faith for the acquisition of the Property Rights from
the owner(s) thereof; and
WHEREAS, the Board of Trustees finds and determines that the acquisition of an easement for
the aforementioned purposes enhances the public health, safety and welfare of the community by
providing needed water facilities and additional water supply capacity, thereby providing an
improved level of service for users of the Town's water system; and
WHEREAS, the Board of Trustees finds and determines that the acquisition of the Property Rights
is desirable and necessary for the Town to provide public water services and facilities, and is
essential to protect and preserve the health, safety, welfare and convenience of the Town's citizens;
WHEREAS, the Town is a statutory town organized and existing pursuant to the provisions of the
Colorado Revised Statutes, and is vested with the power of eminent domain pursuant the
provisions of the Colorado Revised Statutes; and
WHEREAS, the Town is authorized under C.R.S. §§ 31-15-708(1)(b), 31-35-4(2(1)(a), and 38-1-
202(1)(e) to use the power of eminent domain to acquire the Property Rights, and the acquisition
of the Property Rights may, by law, be accomplished through eminent domain.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FIRESTONE, COLORADO:
Section 1. The Board of Trustees hereby makes and adopts the determinations and findings
contained in the recitals set forth above.
Section 2. The Board of Trustees hereby finds and determines that it is necessary in the public
interest to acquire the Property Rights described in Exhibit A, attached hereto and made a part
hereof, for the Town to provide public water services and facilities, and hereby declares its intent
to acquire the Property Rights for the public purpose of providing, operating, and maintaining a
water pipeline and for the conveyance and distribution of potable water, which include, multi -use
paths, sidewalks, ADA curb ramps, enhanced bicycle and pedestrian crossings and signalized
intersections with lighting and pedestrian activated signage.
Section 3. The Board of Trustees hereby authorize the Town Attorney and other appropriate
Town staff and consultants to take all necessary steps, as required by all applicable laws, rules,
regulations and requirements, to acquire the Property Rights for the Town, including without
limitation, good faith negotiations with the owner of the Property Rights, or their representative(s),
and the initiation of legal proceedings, including eminent domain or other legal actions, if required,
for such acquisition.
Section 4. The Town Manager and Town Attorney are further authorized to incur reasonable
costs associated with acquiring the Property Rights, including, without limitation, compensation
for the Property Rights, the cost of title examination, title insurance, appraisal fee payments,
normal closing costs, filing fees and charges, legal fees, and all other related or incidental costs or
expenses customarily associated with the quiet title, acquisition or condemnation of the Property
Rights.
Section 5. The Town Manager, or his designee, is authorized to hereafter amend the terms,
conditions or legal description of, or to clarify the nature and extent of the Property Rights to be
acquired.
Section 6. The Board of Trustees further find that, in the event acquisition by eminent domain
of the Property Rights is commenced, immediate possession is necessary for the public health,
safety and welfare.
Section 7. If any article, section, paragraph, sentence, clause, or phrase of this ordinance is
held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or
constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declare
it would have passed this ordinance and each part or parts hereof irrespective of the fact that any
one part or parts be declared unconstitutional or invalid.
Section 8. All other ordinances or portions thereof inconsistent or conflicting with this
ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict.
INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN
FULL this I�th day of , 2019.
TOWN OF FIRESTONE, COLORADO
IRES
�pwN "'�` Bap bi Sindel�r, Mayor
oe
ATTEST:AP RO D S TO FORM;
Leah Vanarsdal , Town Clerk Willia Hayashi, Town Attorney
2
EXHIBIT A
DESCRIPTION OF PERMANENT EASEMENT
A STRIP OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 2 NORTH, RANGE
67 WEST OF THE 6T" P.M., COUNTY OF WELD, TOWN OF FIRESTONE, STATE OF COLORADO, DESCRIBED
AS FOLLOWS:
COMMENCING ATTHE SOUTHWEST CORNER OF SAID SECTION 20, FROM WHICH THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 20 BEARS N00° 41' 5511W (BASIS OF BEARING); THENCE NOW
41' 55"W, 308.51 FEET ALONG SAID SOUTHWEST LINE TO A POINT ON SOUTH PROPERTY LINE OF THE
PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NUMBER 4284609; SAID POINT ALSO BEING
THE POINT OF BEGINNING;
THENCE ALONG THE FOLLOWING FOUR (4) COURSES;
N00° 41'S5"W 101.97 FEET ALONG THE SOUTHWEST QUARTER OF SAID SECTION 20 TO A POINT ON THE
NORTH PROPERTY LINE OF SAID PARCEL DESCRIBED IN THE DEED RECORDED AT RECEPTION NUMBER
4284609;
THENCE S79° 24'55"E 61.18 FEETALONG THE NORTH PROPERTY LINE OF SAID PARCEL;
THENCE S00° 41' S5"E 101.97 FEET TO A POINT ON THE SOUTH PROPERTY LINE OF SAID PARCEL;
THENCE N79° 24' S5"W 61.18 FEET ALONG THE SOUTH PROPERTY LINE OF SAID PARCEL TO THE POINT
OF BEGINNING.
AREA = 6,118 SQUARE FEET (0.140 ACRES), MORE OR LESS.
COR, SEC 20
T2N, R67W, 6TH PM
S 79°24'55" E
61.18'
N 00°41'55" W
101,97'
POINT OF�
EXHIBIT A
LEGEND
00°41'55" W
LIMITS OF PERMANENT
EASEMENT
'o
�F oo�
�2oA2� 2i�ils
79°24'55" W
BEGINNING � �' 61.18'
I II
� II
WEST LINE OF SE a OF SEC. 20 Lo
N00° 41' 55"W 2630w69 0 I
(BASIS OF BEARING)
POINT OF COMMENCEMENT
SW COR. SEC 20
T2N, R67W, 6TH PM
GRANTAVE.
9. 50' PETROLEUM PIPELINE EASEMENTAMOCO PRODUCTION CO. BK. 769, REC. 9699207
2. 30' WATER LINE EASEMENT CENTRAL WELD COUNTY WATER DIST.BK. 710, REC. 1632344.
3. 25' PIPELINE EASEMENT INDUSTRIAL_ GAS SERVICES, INC. BK. 709, REC. 9622693
0 100 200
scale 1" = 100' feet