HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/04/2022 - FIRST READING OF ORDINANCE NO. 006, 2022, AUTHORIZ Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY January 4, 2022
City Council
STAFF
Greg Oakes, Project Manager
Kurt Friesen, Director of Park Planning & Development
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 006, 2022, Authorizing Conveyance of an Easement on City Right-of-Way to
Hartshorn Waterworks, LLC to Relocate Irrigation Lines Off Traverse Park.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the conveyance to Hartshorn Waterworks, LLC (“Hartshorn”) of an
easement in a City-owned right-of-way for relocated irrigation lines. The City is developing Traverse Park.
Hartshorn owns certain irrigation lines that traverse the park site and provide non -potable water to the
surrounding neighborhood. Pursuant to a November 16, 202 1, agreement that addresses various aspects of
the park site, the City and Hartshorn agreed to the relocation of these irrigation lines from the park site and into
the City-owned right-of-way contingent upon (1) the City granting Hartshorn an easement for the relocated
irrigation lines and (2) the City entering into certain agreements with the owners of the lots adjacent to the
right-of-way. The City would not convey the proposed easement to Hartshorn until the City has acquired these
agreements from the adjacent lot owners.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Traverse Park is located at 775 Greenfields Drive adjacent to East Vine Drive and is situated within the Trail
Head Subdivision. This new 5.6-acre neighborhood park was opened to the public on November 18, 2021 and
has been very well received by the surrounding neighborhoods and the greater community.
Hartshorn owns a nearby irrigation well that provides non -potable water to the neighborhood immediately
surrounding the park. The City initially planned to irrigate the park with water from the well and enter into a
January 23, 2018, water service agreement with Hartshorn (Water Agreement). However, the City
subsequently determined that groundwater from the well is not a viable irrigation water supply for the park due
to water quality issues with the groundwater and its effect on grass, shrub, and tree growth. The City is
instead irrigating the park with water from the East Lari mer County Water District and has decided to
discontinue purchasing water under the Water Agreement.
During the planning and design phase, the City identified that Hartshorn has existing irrigation lines within the
park site. These irrigation lines create long-term issues for the park site as an encumbrance, in part, because
irrigation lines periodically require maintenance that may disrupt the park. There were also questions raised
regarding the location of these irrigation lines with respect to the locations of easements. In working with
Hartshorn, subsequent investigations identified that Hartshorn’s irrigation lines could be relocated off the park
site and into an adjacent City-owned right-of-way. Such a relocation leaves Hartshorn and its City -resident
customers whole and benefits the City by not having Hartshorn’s lines be located on the park site.
Agenda Item 5
Item # 5 Page 2
(Attachment 1)
To address these and related issues associated with the park site, including early termination of the water
agreement, the City and Hartshorn negotiated over several months and subsequently entered into a November
16, 2021, agreement. (Attachment 2) The settlement agreement is contingent upon the City, on or before
February 18, 2022: (1) granting Hartshorn a permanent easement for the relocated lines, and (2) entering into
agreements with the residential lot owners (4 total) adjacent to the easement area agreeing that if the City’s
adjacent right of way is ever formally vacated by the City, the title to such property that would be veste d in the
adjacent lot owner will be subject to Hartshorn's easement. The City will not convey the proposed easement to
Hartshorn if the City cannot acquire these agreements from the adjacent lot owners.
CITY FINANCIAL IMPACTS
Under the settlement agreement, the City has agreed to pay the total costs to relocate the irrigation lines. The
cost of this work is approximately $21,000 and will be performed by Korby Landscape, an on -call landscape
contractor for the City. Termination of the water agreement, which would otherwise run through December 31,
2030, will eliminate uncertainty and potential financial liability for the City to Hartshorn’s claim the City is
obligated to continue purchasing water under the water agreement. Under the water agreement, the City has
previously been purchasing irrigation water for the park at about $6,000 per year. Early in the negotiations,
Hartshorn indicated its position that it was entitled to a termination fee of $30,000 to offset its claimed loss of
anticipated income. The settlement agreement results in the City not paying any termination fee to Hartshorn
and in Hartshorn releasing and waiving any legal claims it may have against the City under the water
agreement.
ATTACHMENTS
1. Proposed Irrigation Relocation (PDF)
2. Hartshorn Waterworks Agreement (PDF)
Connect 3” Main into Existing 6” Main with 6”x3” Reducer.
Temporary Construction Easement Required for the Work
on Lot 10. Approximatley 100 Square Feet of Minor Distur-
Existing 6’ Irrigation Easement
to be Vacated Typ.Tie New 6” Main Into Existing
w/ 45 or 90 Degree Fitting in
Tree Lawn (City ROW)
3”- 45 Degree Fitting in Tree Lawn
(City ROW)
Existing 9’ Larimer & Weld
Irrigation Easement.
New 3” Main in Tree Lawn (City ROW)
Tie Into 6” Main w/ 45 or 90
Degree Fitting in Tree Lawn
(City ROW)
Existing 6” Main to Remain.
821
Roaring
Creek Dr.
815
Roaring
Creek Dr.
809
Roaring
Creek Dr.
303
Wagon
Trail Rd.
3321
Yule
Trail Dr.New 6” Main in Tree Lawn (City ROW)
45 or 90 Degree Fitting to Tie into Existing in Tree Lawn
(City ROW). Feeds Lots 7, 8, and 9
Proposd Blow Off, See Note 1.Proposed Irrigation Relocation - Traverse ParkCity of Fort Collins Park Planning & DevelopmentBlow Offs in Tree Lawn (City ROW)Blow Offs on HOA Property, Back of Curb
Notes:
1. Proposed Blow Offs to Include:
- Megalug 90 Degree Fitting w/Concrete Thrust Block
- Riser w/ Blind Flange
- Megalug w/ Ball Valve
Existing 6” Main to be Abandoned
Existing Main to be Abandoned
October 22, 2021
ATTACHMENT 1
Approximate Boundary Line
Existing 9’ Larimer & Weld
Irrigation Easement.
Existing 6” Main to be Abandoned.Proposed Irrigation Relocation - Traverse ParkCity of Fort Collins Park Planning & DevelopmentOctober 22, 2021
Proposd Blow Off, See Note 1.
Existing 6” Main to Remain.
Tie Into Existing Main w/ 6” 90
Degree Fitting.
Blow Offs in Tree Lawn (City ROW)Blow Offs on HOA Property, Back of Curb
Notes:
1. Proposed Blow Offs to Include:
- Megalug 90 Degree Fitting w/Concrete Thrust Block
- Riser w/ Blind Flange
- Megalug w/ Ball Valve
ATTACHMENT 2
ATTACHMENT 2
ATTACHMENT 2
ATTACHMENT 2
ATTACHMENT 2
ATTACHMENT 2
ATTACHMENT 2
ATTACHMENT 2
ATTACHMENT 2
ATTACHMENT 2
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ORDINANCE NO. 006, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING CONVEYANCE OF AN EASEMENT ON CITY RIGHT-OF-WAY TO
HARTSHORN WATERWORKS, LLC TO RELOCATE IRRIGATION LINES OFF
TRAVERSE PARK
WHEREAS, the City is the owner of a parcel of land i n northeast Fort Collins called
Traverse Park (the “Property”); and
WHEREAS, the City purchased the majority of the Property in 2005 from the developer
of the Trail Head subdivision and allowed the developer to install irrigation lines and irrigate
grass on the Property while the subdivision was being developed, so that the Property could
serve as a neighborhood amenity until the park could be developed; and
WHEREAS, the City purchased the remaining portion of the Property in 2016 with some
irrigation lines already installed on it as well; and
WHEREAS, some of these irrigation lines, owned by Hartshorn Waterworks, LLC
(“Hartshorn”), also provide non-potable irrigation water to the surrounding neighborhood; and
WHEREAS, recently, during the planning and design phase for development of Traverse
Park, City staff realized that the irrigation lines were not all within designated easements, and
that their location would interfere with development and future maintenance of the park; and
WHEREAS, City staff is recommending that Hartshorn’s irrigation lines be abandoned
in-place on the Property and that new irrigation lines be installed in a tree lawn area that is part
of the City-owned road right-of-way for Roaring Creek Drive so that Hartshorn can continue to
provide irrigation water to the surrounding neighborhood using the new lines; and
WHEREAS, to accomplish this, because the irrigation lines are privately owned, the City
would have to grant Hartshorn an easement to place the lines on public property; and
WHEREAS the proposed easement is more particularly described on Exhibit “A”,
attached and incorporated herein by this reference (the “Easement”); and
WHEREAS, as part of a larger proposed settlement with Hartshorn regarding termination
by the City of a water services agreement with Hartshorn (the “Water Agreement”), as set forth
in an agreement dated November 16, 2021 (the “Settlement Agreement”), Hartshorn would
abandon its rights to the irrigation lines currently located on the Property once the Easement is in
place and the new irrigation lines installed; and
WHEREAS, under the Settlement Agreement the City would install the new irrigation
lines in the Easement at a cost of approximately $21,000; and
WHEREAS, under Colorado law, if a public road right-of-way is vacated, ownership of
the land vests in the adjacent property owners; and
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WHEREAS, while it is very unlikely the City would ever vacate the public rights -of-way
in the Trail Head neighborhood, the City intends to protect Hartshorn’s rig hts in the proposed
Easement within the right-of-way by seeking agreements from the owners of four properties
adjacent to the Easement that if the right-of-way is ever vacated, they would take title to the land
subject to Hartshorn’s rights in the Easement; and
WHEREAS, the City would not convey the Easement until an agreement from each of
the adjacent property owners has been secured; and
WHEREAS, City staff is recommending that the City not charge Hartshorn for the
Easement because: (1) the Easement, totaling approximately 1,535 square feet, is smaller in area
than the current area on the Property encumbered by the irrigation lines that Hartshorn will
abandon (approximately 6,756 square feet), providing a net benefit to the City; and (2)
conveyance of the Easement described herein, subject to City Council approval, is part of the
Settlement Agreement that provides various benefits to the City including savings of
approximately $30,000 from termination of the Water Agreement; and
WHEREAS, City staff has determined that the value to the City of this solution exceeds
the value of the Easement, and the Council agrees with this conclusion; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City council 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 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds that conveyance of the Easement as
described herein is in the best interests of the City.
Section 3. That, following the City’s receipt of executed agreements from the owner
of each property adjacent to the location of the proposed Easement, the Mayor is authorized to
execute such documents as are necessary to convey the Easement to Hartshorn 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 or effectuate the purposes of this Ordinance,
including and necessary changes to the legal description of the Easement, as long as such
changes do not materially increase the size or change the purpose of the interests to be conveyed.
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Introduced, considered favorably on first reading, and ordered published this 4th day of
January, A.D. 2022 and to be presented for final passage on the 18th day of January, A.D. 2022.
__________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on this 18th day of January, A.D. 2022.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
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