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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/16/2003 - FIRST READING OF ORDINANCE NO. 130, 2003, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 15 FORT COLLINS CITY COUNCIL DATE: September 16, 2003 FROM: Cam McNair/ Matt Baker SUBJECT: First Reading of Ordinance No. 130, 2003, Authorizing a Temporary Construction Easement for Construction of a Water Line Across Portions of Fossil Creek Wetlands Natural Area and Fossil Creek Reservoir Natural Area By Fort Collins-Loveland Water District and Approving a Slope Restriction on Portions of Said Natural Areas to Protect City Storm Drainage Improvements. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. The Natural Resources Advisory Board (NRAB) has recommended that the easements and slope restrictions be approved. These requests meet the Natural Areas Easement Policy. EXECUTIVE SUMMARY: The Fort Collins-Loveland Water District(FCLWD)will be constructing a 30"diameter water line in Timberline Road from Trilby to Carpenter. The City of Fort Collins Stormwater Utility needs critical flood control box culverts installed in this location of Timberline for public safety during 100-year storm events. The City and FCLWD are constructing the improvements cooperatively under one contract to minimize cost and impact to the public. The Stormwater Utility will pay fair market value as compensation for the temporary construction easement and slope restriction required for fill areas adjacent to the box culverts and for restoration of disturbed areas in the amount of $439.06 ($106.67 for the temporary construction easements and$333.39 for the slope restrictions). In addition,administrative costs incurred by the Natural Areas program in the amount of$1,415 will be reimbursed by the Stormwater Utility. The temporary construction easements are being granted to the FCLWD as the entity that will be completing the work on the properties. The Fort Collins-Loveland Water District will be installing a 30"diameter water line in Timberline Road from Trilby to Carpenter,and continuing south to serve the new Latimer County Event Center and the expanding facilities in the vicinity of the Fort Collins-Loveland Airport. Through inter- agency coordination,the City Stormwater Utility will,in conjunction with this project,install a large drainage crossing on Timberline at Fossil Creek consisting of several box culverts to pass projected 100-year stormwater flows. These improvements are adjacent to the Fossil Creek Wetlands Natural Area property on the west and to the Fossil Creek Reservoir Natural Area on the east, adjacent Timberline Road. Staff believes that consolidating resources and construction activities is an efficient way to use public resources and to minimize construction and traffic impacts. The FCLWD and City Stormwater and Engineering staffs have been working with Natural Areas staff and the NRAB for the past year to identify potential impacts of the project, design the project to limit the impacts, and to design a positive mitigation plan. Many design changes have been implemented as a result of input from members of the NRAB. Many studies have been completed or are nearing completion on the environmental issues including: DATE: September ITEM NUMBER: 15 • An Ecological Characterization Study: ➢ Wildlife use ➢ Wetlands Boundary ➢ Prominent views ➢ Identification of native site vegetation ➢ Bank, shoreline and high water mark of streams and water bodies ➢ Sensitive and Specially Values Species ➢ Wildlife movement corridors • A Migratory Waterfowl, shorebird, and Other Waterfowl Study • A Winter Raptor Study • Red-tailed Hawk Nests Report • Hydrologic/Water Quality/Groundwater Study • Flood Water Inundation Study for the 1-year, 2-year, 5-year, 10-year and 100-year floods A mitigation plan for the 0.77 acre of disturbed wetlands on a 1 to 1 ratio has been reviewed by the NRAB. The mitigation consists of stream restoration on Fossil Creek (shown as Phase 1B on the attached drawing). The federal 404 permit indicating the stream restoration project as mitigation has been approved. In addition,Natural Resources staff will require additional provisions in the easement agreement and on the plans for resource protection during construction and for restoration following construction. Construction scheduling has been set to have the least impact on migratory shorebirds and is planned to start at the end of October. ORDINANCE NO. 130, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING A TEMPORARY CONSTRUCTION EASEMENT FOR CONSTRUCTION OF A WATER LINE ACROSS PORTIONS OF FOSSIL CREEK WETLANDS NATURAL AREA AND FOSSIL CREEK RESERVOIR NATURAL AREA BY FORT COLLINS-LOVELAND WATER DISTRICT AND APPROVING A SLOPE RESTRICTION ON PORTIONS OF SAID NATURAL AREAS TO PROTECT CITY STORM DRAINAGE IMPROVEMENTS WHEREAS, the City of Fort Collins is the owner of the property located adjacent and to the west of Timberline Road near Fossil Creek known as the Fossil Creek Wetlands Natural Area, and adjacent and to the east of Timberline Road near Fossil Creek know as the Fossil Creek Reservoir Natural Area(together referred to as the "Natural Areas"); and WHEREAS, the Fort Collins-Loveland Water District ("FCLWD") plans to construct a 30-inch diameter water line in Timberline Road from Trilby Road to Carpenter Road, and continuing south, to serve the Larimer County Events Center and the expanding facilities in the vicinity of Fort Collins-Loveland Airport (the "Water Line"); and WHEREAS, City stormwater staff has identified a need for critical flood control box culverts in the vicinity of the Water Line in order to improve public safety in 100-year flood events (the "Stormwater Improvements"); and WHEREAS, FCLWD and the City have worked to develop a cooperative plan for the construction of the Water Line and the Stormwater Improvements (together referred to as the "Project"), so as to minimize cost and disruption associated with the construction; and WHEREAS, in order to complete the construction of the Project, staff has determined that activities on the Natural Areas will be required; and WHEREAS, in addition, in order to mitigate disruption of the 0.77 acre of wetlands that will result from the foregoing construction work on a 1 to 1 ratio, it has been proposed, and agreed by FCLWD, City staff and the Army Corps of Engineers (the entity with regulatory authority over these wetlands) that the Project include stream restoration to Fossil Creek on the Fossil Creek Wetlands Natural Area; and WHEREAS in order to permit the Project as described herein to proceed, it is necessary for the City to grant to FCLWD a temporary construction easement (the "TCE") across a total area of 249,755 square feet (5.73 acres) of the Natural Areas as described and shown on Exhibit "A", attached hereto and incorporated herein by this reference (the "ICE Area"); and WHEREAS, in order to provide permanent lateral support for the Stormwater Improvements, staff recommends that the Council determine to provide said lateral support for the Stormwater Improvements over a total of 3,549 square feet (0.0815 acres) of the Natural Areas as described on Exhibit `B", attached hereto and incorporated herein by this reference (the "Slope Restrictions"), a notice of which shall be completed and recorded in the real property records of the Latimer County Clerk and Recorder; and WHEREAS, in exchange for the grant of the TCE and the imposition of the Slope Restrictions on the Natural Areas, the City Stormwater Utility has agreed to pay to the appropriate Natural Areas fund the total sum of$439.06, which represents the fair market value of the use of the Natural Areas as described ($106.67 for the TCE and $333.39 for the Slope Restrictions), excluding the area of wetlands mitigation; and WHEREAS, in addition, administrative costs to the Natural Areas program in the amount of $1,415 will also be reimbursed to the appropriate Natural Areas fund from the Stormwater Utility; and WHEREAS, City staff proposes to negotiate with FCLWD an easement agreement consistent with the terms of this Ordinance that will include specific resource protection and restoration requirements intended to result in an improved condition of the TCE Area and protection of existing resources on the TCE Area, including revegetation of disturbed areas; and WHEREAS, City staff believes that the wetland mitigation/stream restoration activities proposed as part of the Project will result in positive impacts to the Natural Areas, and will be mutually beneficial in advancing a number of stormwater, water and natural area objectives; and WHEREAS, the Natural Resources Advisory Board considered the proposed grant of the TCE and establishment of the Slope Restrictions, as described herein, at its regular meeting on September 3, 2003, and voted unanimously to recommend that the City Council authorize the same; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City, provided the Council first finds by ordinance that any sale or disposition of that real property interest will be for the benefit of the City's citizens, and will be 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 Council hereby finds that the grant of the TCE as described herein is in the best interests of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute an easement agreement granting the TCE to FCLWD consistent with the terms of this Ordinance. Section 3. That in exchange for the payment of THREE HUNDRED THIRTY-THREE DOLLARS THIRTY-NINE CENTS ($333.39) to the appropriate Natural Areas fund, the Natural Areas shall be subject to the Slope Restrictions as set forth herein. Introduced, considered favorably on first reading, and ordered published this 16th day of September, A.D. 2003, and to be presented for final passage on the 7th day of October, A.D. 2003. ATTEST: Mayor City Clerk Passed and adopted on final reading this 7th day of October, A.D. 2003. Mayor ATTEST: City Clerk Exhibit"A" Page 1 of 6 - CITY OF FORT COLLINS TEMPORARY CONSTRUCTION EASEMENT 1 A PARCEL OF LAND SITUATE IN THE WEST HALF OF SECTION 17, TOWNSHIP 6 NORTH, RANGE 68 WEST, OF THE 6T" P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 17 TOWNSHIP 6 NORTH, RANGE 68 WEST, AND CONSIDERING THE WEST LINE OF SAID SECTION 17 AS BEARING N00°15'26"E WITH ALL OTHER BEARINGS RELATIVE THERETO, THENCE N03029'01"E, 521.16 FEET TO THE POINT OF BEGINNING; THENCE N00°11'01"E, 272.15 FEET; THENCE N72042'12"E, 33.70 FEET; THENCE S03050'4M, 268.75 FEET; THENCE S46057'10"W, 20.55 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.14 ACRES (6,261 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS OR RESTRICTIONS NOW IN USE OR OF RECORD. K:\918\030\dwgs\PHASE 1B\legals\fort_collins_TCE2.doc 9/3/2003 PAGE I OF 2 Exhibit"A" Page 2 of 6 TIMBERLINE ROAD WATERLINE & ROADWAY -PHASE 1B CITY OF FORT COLLINS TEMPORARY CONSTRUCTION EASEMENT 1 Han,pu ms Co. (nnc IM H0. iC gsaoage� NW COR S. 17 N72.42'12"E 33.70 In :r I � 04 c �I _. <I m� I :uJ S03.50'49"W m� 268.75 �i - J ni an a FaT Coors COW.H0. K 2500gge0) =I S46'57'10"W > 20.55 I i OINT OF BEGINNING I I iQ I :O I I� I IZI ICI I001 w• WK oltsrm K4 r R0.W. i mil la w I so o so ,ro I I I I I I T INC. n..ry Wnq Fngineen POINT OF COMMENCEMENT CARPENTER ROAD Ceiti K\918\030\drge\aWOd drge\O.N)_wn_eWbite.drq SW COR S. 17 3 1/4" ALUM. CAP IN MON BOX LS 25372 PACE 2 OF 2 Exhibit"A" Page 3 of 6 CITY OF FORT COLLINS TEMORARY CONSTRUCTION EASEMENT 2 A PARCEL OF LAND SITUATE IN THE EAST HALF OF SECTION 18, TOWNSHIP 6 NORTH, RANGE 68 WEST, OF THE 6T" P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 18 TOWNSHIP 6 NORTH, RANGE 68 WEST, AND CONSIDERING THE EAST LINE OF SAID SECTION 18 AS BEARING N00015'26'E WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE N01°16'13"W, 1182.28 FEET TO THE POINT OF BEGINNING. THENCE N22°04'50"W, 67.59 FEET; THENCE N00011'01"E, 191.12 FEET; THENCE N22026'52"E, 67.59 FEET; THENCE S0001 V01"W, 118.11 FEET; THENCE N89°48'59"W, 20.00 FEET; THENCE S00011'01"W, 80.00 FEET; THENCE S89048'59"E, 20.00 FEET; THENCE S00011'01"W, 118.11 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.11 ACRES (4,896 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS OR RESTRICTIONS NOW IN USE OR OF RECORD. K:\918\030\dwgs\PHASE 18\legais\1b2_fort_collins.doc 7/16/2003 PAGEIOF2 Exhibit`A" TIMBERLINE ROAD WATERLINE & ROADWAY -PHASE 1B CITY OF FORT COLLINS NE COR S. 18 TEMPORARY CONSTRUCTION EASEMENT 2 O Q N0 z Z OI *L 20' 0. .W_ REC. N0. 9005J57E L7 200 0 200 lW L1 EObIf OF U wd. 1'.200' N.( (POW 0) Z < N 0 YI 1� T O 8 N Z jA O] 1 t LINE TABLE LINE BEARING LENGTH L1 N22'04'50"W 67.59' L2 N0011'01"E 191.12' (>40Y1 M4 f T L3 N22'26'52'E 67.59' (m w ao q z L4 S0011"Ot"W 118.11' L5 N89'48'59"W 20.00' L6 SO0'11'01"W 80.00' L7 S89'48'59"E 20.00' L8 S00'11'O1"W 118.11' 30' WIOE I R.O.W. WIDE 11.1f 20.W. POINT OF COMMENCEMENT SE CARSIB CMPNTCR RO TST, INC. 1 F — C..WM EMIm... \s1e\o}o�a.a\P1KSE IR�.mal�oso ..m�trp PAGE 2 OF 2 Exhibit"A" Page 5 of 6 CITY OF FORT COLLINS 1 TEMPORARY CONSTRUCTION EASEMENT 3 A PARCEL OF LAND SITUATE IN THE EAST HALF OF SECTION 18, TOWNSHIP 6 NORTH, RANGE 68 WEST, OF THE 6T" P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18 THENCE S02'05'51"W, 1,570.74 FEET TO THE EXISTING WESTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 11. SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID RIGHT-OF-WAY LINE, S00013'04"W, 30.06 FEET; THENCE N84°44'40"W, 387.95 FEET; THENCE S55"51'51"W, 692.36 FEET; THENCE S40"33'03"W, 284.31 FEET; THENCE S28026'10"E, 460.55 FEET; THENCE S58001'00"W, 78.16 FEET; THENCE N52"41'30"W, 337.10 FEET; THENCE N26"20'05"W, 369.39 FEET; THENCE N59052'29"W, 227.26 FEET; THENCE N44019'08"W, 154.27 FEET; THENCE N54043'29"E, 69.47 FEET; THENCE S77007'56"E, 144.89 FEET; THENCE N46006'43"E, 120.64 FEET; THENCE S41"53'50"E, 285.44 FEET; THENCE S28055'30"E, 189.03 FEET; THENCE N40033'03"E, 278.47 FEET; THENCE N55051'51"E, 707.04 FEET; THENCE S84"44'40"E, 396.12 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 5.48 ACRES (238,598 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS OR RESTRICTIONS NOW IN USE OR OF RECORD. K:\918\030\dwgs\PHASE 1B\legals\const_ease_9-03.doc 9/3/2003 PAGE tOF2 Exhibit"A= Page 6 of 6 W U Z W _ L L Y aVoa uNnoo (9NIaV38 A0 SIStla) u M.gl,S LOOS V_ N O �� U a z tC SCSI M.1S, 4 pg! h U Z_ ri Z z 'O> a a 5g5 T o R W C> L'o Q M �( \mil at6 W O, `le � 1 a co c ) } Q Z Q \ \`\ (w O \\ , \ � JZ od00 U _ Q � aILL Z 00 N I _---___J W N ova J 0 J W a o (/ 0 w wo u�ON I PACIFIC RAILROAD o m z m _ O w 00 Ot M fM �n M1 N N 00 \O Y O C O a(1~ Z O n N .t O a0 1` m r Y Oj r O 1l1 Of a0 n co, W r7 a0 a0 (O ^ M (p N ill Q N w w n O Q1 _ J M uJ N ? M tq N .- — N — N r n 1 3 3 3 3 w 3 3 3 3 3 w w w w w w w w o w = _ In _ _ _ ` _ _ _ _ _ = c� o JZ < O � 0OO e, 0 No to MOO M O � m m Z 0 .t In 0 O M O N O N 'p (n M O N < Q O Q' N :t O O _n in r'1 v w m O •t O a0 0o ( (o 0) � n <O m O t z oacUl 't u) NLn o- to o- d' N o- � ao (n Z (n (A (A zZzz z (n Z (l( (nZ Ztn 1 U - ` to w J J J J J J J aoJ a) O uffl�a, ca s Y Exhibit°B" Page 1 of 4 CITY OF FORT COLLINS SLOPE ALIGNMENT 1 A PARCEL OF LAND SITUATE IN THE WEST HALF OF SECTION 17, TOWNSHIP 6 NORTH, RANGE 68 WEST, OF THE 6T" P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 17 TOWNSHIP 6 NORTH, RANGE 68 WEST, AND CONSIDERING THE WEST LINE OF SAID SECTION 17 AS BEARING N00"15'26"E WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE N03023'28"E, 536.16 FEET TO THE POINT OF BEGINNING; THENCE N00011'01"E, 257.12 FEET; THENCE N72042'12"E, 17.61 FEET; THENCE S03°50'49W, 262.95 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.05 ACRES (2,159 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS OR RESTRICTIONS NOW IN USE OR OF RECORD. K:\918\030\dwgs\PHASE 1B\legals\fort_collins_slope2.doc 9/3/2003 PAGE l OF 2 ExhiN'S" Page 2 of 4 TIMBERLINE ROAD WATERLINE & ROADWAY —PHASE 18 CITY OF FORT COLLINS SLOPE ALIGNMENT 1 Ncan,rau,a,mac�ndw a>. llo IBM P�iTIZ��� NW COR S. 17 N72-42e12"E 17.61 tr �I Z. <ICN W� DOI NI S03e50'49"W 262.95 I W! rian v roxr cauxs �nl ( caw_ s Fc naaaaaa) rf (REC NEG,n ,,,,a13112) a i I � Q ' O I qNT OF BEGINNING NI ' Z 01 01 I 1 1 I I 1 w• wwe I twF rt.o.W. i 11 1 w n w ,m I I I I I TST, INC. Consulting Fa im 11 POINT OF COMMENCEMENT CARPENTER ROAD K\9t8\Ow\d.qs\awAit drge\Ow_aow_eanieite.d.9 SW COR S. 17 3 1/4" ALUM. CAP IN MON BOX LS 25372 PAGE 2 OF 2 Exhibit"B" Page 3 of 4 CITY OF FORT COLLINS SLOPE ALIGNMENT 2 A PARCEL OF LAND SITUATE IN THE EAST HALF OF SECTION 18, TOWNSHIP 6 NORTH, RANGE 68 WEST, OF THE 6T" P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 18 TOWNSHIP 6 NORTH, RANGE 68 WEST, AND CONSIDERING THE EAST LINE OF SAID SECTION 18 AS BEARING N00015'26"E WITH ALL OTHER BEARINGS RELATIVE THERETO; THENCE N01 013'24"W, 1221.85 FEET TO (POINT A) ALSO BEING THE POINT OF BEGINNING FOR PARCEL 1; THENCE N22"04'50"W, 27.99 FEET; THENCE N00011'01"E, 52.61 FEET TO A POINT KNOWN HEREAFTER AS POINT B; THENCE S89'48'59"E, 10.61 FEET; THENCE S0001 V01"W, 78.51 FEET TO (POINT A) THE POINT OF BEGINNING FOR PARCEL 1. AND ALSO A PARCEL OF LAND SITUATE IN THE EAST HALF OF SECTION 18, TOWNSHIP 6 NORTH, RANGE 68 WEST, OF THE 6T" P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT (POINT B); THENCE N00"11'01"E, 80.00 FEET TO (POINT C) ALSO BEING THE POINT OF BEGINNING OF PARCEL 2 THENCE CONTINUEING ALONG SAID LINE, N00"11'01"E A DISTANCE OF 52.61 FEET, THENCE N22°26'52"E, 27.99 FEET; THENCE SOO"11'01"W, 78.51 FEET; THENCE N89048'59"W, 10.61 FEET TO (POINT D) THE POINT OF BEGINNING OF PARCEL 3 SAID PARCELS CONTAIN 0.03 ACRES (1,390 SQUARE FEET) COLLECTIVELLY MORE OR LESS AND ARE SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS OR RESTRICTIONS NOW IN USE OR OF RECORD. K:\918\030\dwgs\PHASE 1B\legals\SLOPE_ALIGN2_fort_collins.doc 7116/2003 PAGE I OF 2 Exhibit 16" TIMBERLINE ROAD WATERLINE & ROADWAY -PHASE 16 CITY OF FORT COLLINS NE COR S. 18 SLOPE ALIGNMENT 2 z N Z I'0N1f of BECMMNc ( O) 16 U W. yo�a5 75 N00'I1'Ot'E 80. it roar of cou.msrnENr (roar e1 zoo a zoo .00 L9 .m. 1•-200' I.,t Po OF BECMlNaO M OE NµF M.O.W. (POaf Al Z N< W W rm 0 00 N N O] OM 6 ipR C¢INf MlL CdML MO.F tl01Yttl) (PEC M4 YWNMII) LINE TABLE w• MIOE NVF M.O.W. LINE BEARING LENGTH L9 N22'04'50-W 27.99' L10 NOO.11.01-E 52.61' L71 S89-48.59"E 10.61' L12 S00'11'Ot'W 78.51' L13 S00'11'01"W 52.61' L14 N22'26'52"E 27.99' L15 S00'11'01'W 78.51' L16 N89'48'59-W 10.61' POINT OF COMMENCEMENT SE COR S 18 G1tP NTERRp TBT, INC. F— ConwlUnp Eng4w«. K\Mte\ow\a.a.\rwsE la\.wa�Ow_..m�.a.a PAGE 2 OF 2