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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/20/2004 - FIRST READING OF ORDINANCE NO. 016, 2004 AUTHORIZI ITEM NUMBER: 24 AGENDA ITEM SUMMARY DATE: January 20, 2004 FORT COLLINS CITY COUNCIL STAFF: Mark Sears Patricia Dennis SUBJECT First Reading of Ordinance No. 016, 2004, Authorizing the City to Grant a Permanent Easement to Paradigm Properties, LLC on the Resource Recovery Farm. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT The fee simple value of the Easement is $29,993 (2.782 Acres or 121,184 SF of land @ $0.275/SF x 90% = $29,993). With the administrative costs for processing the easement in the amount of$ 1,000, the total amount to be paid by Paradigm Properties, LLC to the Natural Areas program is $30,993. EXECUTIVE SUMMARY Paradigm Properties LLC, owner of a 12.75 acre tract of land at the southeast comer of the intersection of I-25 and Prospect Road, also known as 1800 SE Frontage Road, has requested a permanent, nonexclusive storm drainage easement across the Resource Recovery Farm located at the Southwest corner of the intersection. The easement is needed for a proposed development of a commercial mixed use project on Paradigm's property. The conceptual plan shows five detention ponds amid pad sites which will release surface water runoff to the southwest portion of the tract. A culvert running under 1-25 and proceeding into an open ditch area adjacent and running parallel to 1-25 allows the flow to enter a 24-inch pipe that runs southwesterly across the Resource Recovery Farm forming a holding pond at approximately the center of the easement distance. There is a release valve at the southwestern comer of the pond that diverts the flow at an historic flow rate of 1.36 CFS. The flow continues to a 36-inch culvert that deposits the water into a wetland area at the western edge of the parcel and subsequently into the Boxelder Creek. This easement will be 2.782 acres or 121,184 square feet in size and will allow the water to flow at 1.36 CFS for both the 2 year and 100 year peak flow. The actual volume of the runoff is not to exceed 0.57 acre feet in a 2 year storm or 2.14 acre feet in a 100 year storm. The Natural Resources Advisory Board considered the proposed easement at its January 7, 2004, meeting, and voted to recommend authorization of the easement. ORDINANCE NO. 016, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY TO GRANT A PERMANENT EASEMENT TO PARADIGM PROPERTIES, LLC ON THE RESOURCE RECOVERY FARM WHEREAS, the City of Fort Collins is the owner of certain real property located at the southwest corner of I-25 and Prospect Road along Frontage Road and generally known as the Resource Recovery Farm (the "Resource Recovery Farm"); and WHEREAS, Paradigm Properties LLC (the "Developer") is a developer of a proposed commercial project that is currently pending approval from the City of Fort Collins (the "Development"); and WHEREAS, the Developer has requested that the City grant a permanent nonexclusive easement for the drainage of stormwater(the"Easement")across a portion of the Resource Recovery Farm more specifically described in Exhibit "A" attached hereto and incorporated herein by this reference(the"Easement Area")in order to satisfy development requirements for the Development and continue to manage the storm drainage from the Development property; and WHEREAS,City staff has negotiated with Paradigm Properties LLC,a permanent easement agreement settling forth the terms and conditions associated with the Developer's use of the Easement Area for storm drainage purposes, a copy of which, dated January 14, 2004, is on file in the office of the City Clerk and available for public review (the "Easement Agreement"); and WHEREAS, the Developer has agreed to pay the fair market value of the Easement in the amount of$29,993, together with related costs to the City for processing the Easement, for a total payment amount of$ 30,993 for the Easement; and WHEREAS, the Natural Resources Advisory Board considered the proposed Easement at its regular meeting on January 7,2004,and voted unanimously to recommend that the City Council authorize the conveyance of the Easement; 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 Easement as described herein and subject to the terms and conditions of the Easement Agreement is in the best interests for the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute the Easement Agreement,together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determined to be necessary or appropriate to protect the interests of the City, consistent with this Ordinance. Introduced, considered favorably on first reading, and ordered published this 20th day of January, A.D. 2004, and presented for final passage on the 3rd day of February, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 3rd day of February, A.D. 2004. 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WARD IETIG7N LSU\µls I+ 1 LI 9 <ZI I s u7 ° 1 UY uI LY I : I E f p L6 I a a 6 b Lm L7 1 8 o L41 I ~ g ��I S L17 U MST IIIOiT-FF_7NmY I APPROMMATE LNE LYE 6 « OF DI11904 BETWEENLµ WIERSTATE M671M'AY 3s C CITY OF FORT COLLNS ISI�O LN o u Lz 1 a UTOJTY DEPARTMENT AND o FCRT COLONS NATURAL I L,7 LI I EAS�pIL9 `RESOURCES OLPAR7YENT LEI L+I ve i sac 31-7-3M ` -54 G C6G.0 1 LU 1.51 L73 74 In i LSN 77 IV y LM TOTAL EASEMENT LL + 69 121.186 sq.ft. 2.782 acres WEST F'ORTiDN 1.916 Mo.FT. T 0044 MerMs 30U 0 1 300 Soo 900Fee,, ( IV FEET ) I inch = 3CD fL NORTHERN ENGRUZRING SERVICES IMI 01M!0 f01i MIL R 41LR 4dr MMMI 1P14 M-tlY 4� �i 1 5adx w i 3 PROJBCT LOCATION uc. 'pe ' a s _ e Q p� V V �, E1►6c.iE.tr PARADIGM PROPERTES ODP. VRAM MAP KTA 1