HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/16/2004 - FIRST READING OF ORDINANCE NO. 185, 2004 AUTHORIZI ITEM NUMBER: 22
AGENDA ITEM SUMMARY DATE: November 16, 2004
FORT COLLINS CITY COUNCIL STAFF: Mark Sears
Wally Cameron
SUBJECT
First Reading of Ordinance No. 185, 2004, Authorizing the Conveyance of Non-Exclusive
Easement Interests for the Construction of a Twenty-Two Foot Wide Drainage Channel for the
Redeemer Lutheran Church of Fort Collins on a Portion of the Fossil Creek Reservoir Regional
Open Space.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading. The Natural Resources Advisory
Board unanimously recommended approval at its regular meeting of November 3, 2004.
EXECUTIVE SUMMARY
Pursuant to the City of Fort Collins Natural Area and Open Lands Easement Policy adopted by
Resolution 2001-094, Redeemer Lutheran Church, located about 600 feet west of the southwest
corner of Timberline and Carpenter Roads, is requesting an easement for a drainage channel
across the Fossil Creek Reservoir Regional Open Space jointly owned by City of Fort Collins
and Larimer County.
The 25-foot wide permanent easement will accommodate a 22-foot wide drainage channel that
will be approximately 3-4 feet deep. The easement and channel will be located generally along
the Union Pacific Railroad right-of-way for a distance of approximately 785 feet, with a total
area of 19,248 square feet (0.44 acre) (see Exhibit A). A 45-foot wide temporary construction
easement necessary for the construction of the drainage channel will encompass the permanent
drainage easement during the time of construction and reclamation, estimated to be no more than
one year, and will be a total of 34,006 square feet (0.78 acre) in size (see Exhibit B).
The requested permanent and temporary easements are necessary for the channel that will
function as an outlet structure for a required detention pond located on the Redeemer Lutheran
Church development site. Alternative drainage solutions to direct the drainage flow north across
Carpenter Road and into Fossil Creek Wetlands Natural Area were discouraged by staff as this
area was considered a more sensitive wildlife area. The proposed drainage solution is
considered to be of the least impact because it utilizes existing pipes and historical drainages
under Carpenter and Timberline roads and the UPRR right-of-way. All disturbed areas related to
the project will be revegetated or seeded and reclaimed by the applicant at its sole expense, and
in accordance with Natural Areas General Resource Protection and Restoration Standards, and
the applicant will compensate the City Natural Areas Program for future periodic maintenance of
the channel within the easement. Pursuant to the requirements of the City of Fort Collins
Natural Area and Open Lands Easement Policy and the Natural Areas General Resource
Protection and Restoration Standards, the applicant will compensate the City Natural Areas
Program in the amount of$5,384.
ORDINANCE NO. 185, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT INTERESTS
FOR THE CONSTRUCTION OF A TWENTY-TWO FOOT WIDE DRAINAGE CHANNEL
FOR THE REDEEMER LUTHERAN CHURCH OF FORT COLLINS
ON A PORTION OF THE FOSSIL CREEK RESERVOIR REGIONAL OPEN SPACE
WHEREAS, the City of Fort Collins and Latimer County jointly own certain parcels of
real property located in Latimer County, Colorado, known as the Fossil Creek Reservoir
Regional Open Space (the "Natural Area"); and
WHEREAS, the Redeemer Lutheran Church of Fort Collins (the "Church") must provide
a drainage channel to function as an outlet structure for a required detention pond located on the
Redeemer Lutheran Church development site as part of its development proposal; and
WHEREAS, in order to install the drainage channel, the Church has requested a 25-foot
wide permanent easement and a 45-foot wide temporary construction easement over portions of
the Natural Area, as described respectively in Exhibits "A" and `B", attached hereto and
incorporated herein by this reference (the "Permanent Easement" and the "Temporary
Construction Easement"); and
WHEREAS, the Church has worked with City staff to coordinate the location of the
proposed channel with plans for the future widening of Carpenter Road and to minimize
disturbance to the Natural Area; and
WHEREAS, City staff has negotiated with the Church a Temporary Construction
Easement Agreement, a draft of which, dated October 26, 2004, is on file in the office of the City
Clerk and available for public inspection (the "Temporary Easement Agreement'), and which
includes specific conditions governing the tinting and extent of construction activities, and site
reclamation requirements; and
WHEREAS, City staff has negotiated with the Church a Permanent Easement
Agreement, a draft of which, dated October 26, 2004, is on file in the office of the City Clerk
and available for public inspection (the "Permanent Easement Agreement'), and which includes
specific conditions governing the operation, maintenance, and repair of the proposed drainage
channel; and
WHEREAS, in exchange for the grant of the Temporary Construction Easement and
Permanent Easement, the Church has agreed to pay to the City the fair market value of such
easements, which value has been determined to be $2,512; and
WHEREAS, the Church has agreed to regrade and reseed the areas impacted by
construction in accordance with City specifications and to pay to the City its costs for long-term
revegetation management of impacted areas, and for administrative costs to the City associated
with the processing and oversight of the easements, which have been determined to be $2,872;
and
WHEREAS, staff recommends approval of the Temporary Construction Easement and
the Permanent Easement in view of the resource protection measures to which the Church has
agreed; and
WHEREAS, on November 3, 2004, the Natural Resources Advisory Board considered
the proposed easements and recommended that the Council authorize the conveyance of them;
and
WHEREAS, Section 23-111 of the City Code provides that the City Council is
authorized to sell, convey, or otherwise dispose of real property owned by the City, provided the
Council first finds by ordinance that any sale or other disposition of real property owned by the
City is in the best interest of the City of Fort Collins;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the conveyance of the Temporary Construction Easement and the
Permanent Easement, as set forth herein, is in the best interest of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute the Temporary Easement
Agreement and the Permanent Easement Agreement, together with such additional terms and
conditions as the City Manager, in consultation with the City Attorney, determines to be
necessary or appropriate to protect the interests of the City.
Introduced, considered favorably on first reading, and ordered published this 16th day of
November, A.D. 2004, and to be presented for final passage on the 7th day of December, A.D.
2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of December, A.D. 2004.
Mayor
ATTEST:
City Clerk
EXHIBIT A
REDEEMER LUTHERAN CHURCH
DRAINAGE EASEMENT
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 19, 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 19, AND
CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 19 TO BEAR S00°20'24"W, (ENDS OF SAID LINES MONUMENTED AS
SHOWN ON THE AMENDED PLAT OF LOTS 1 AND 2 OF BIGHORN RIDGE,
RECEPTION NO. 20040033276)WITH ALL OTHER BEARINGS CONTAINED HEREIN
RELATIVE THERETO;
THENCE ALONG SAID EAST LINE OF THE NORTHEAST QUARTER, S00°20'24"W,
30.01 FEET TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF
CARPENTER ROAD;
THENCE ALONG SAID RIGHT-OF-WAY LINE, S89°16'07"W, 656.25 FEET TO THE
POINT OF BEGINNING;
THENCE DEPARTING THE AFOREMENTIONED RIGHT-OF-WAY LINE, S82°19'49"E,
36.38 FEET;
THENCE S46036'53"E, 130.14 FEET;
THENCE S36045'03"E, 571.31 FEET;
THENCE S53014'57"W, 25.00 FEET;
THENCE N36045'03"W, 569.15 FEET;
THENCE N46036'53"W, 119.93 FEET;
THENCE N82019'49"W, 77.89 FEET;
THENCE N07040'11"E, 17.68 FEET TO A POINT ON THE EXISTING SOUTHERLY
RIGHT-OF-WAY LINE OF CARPENTER ROAD;
THENCE ALONG SAID RIGHT-OF-WAY LINE, N89°16'07"E, 50.11 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.44 ACRES (19,248 SQUARE FEET) MORE OR LESS
AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIONS
NOW IN USE OR OF RECORD.
K:\1006\LEGALS\DRAIN_LEGAL_DESC.doe Page I of 2 Created on August 25,2004
3
2
U ry 'I
cc mE
D H s O U
= Z - ry Z coY
U W oN
Q W
Q c Q Z s
= W
m H W
2p (!
? m X -1Q o � o
� QW WcrZ ? gym
WQ
� cn z � z WO
W
L Z 0 Qz I
a2ti � .�ry o �Nj � 0
(SONR1V39 d0 SISV9)
L64VO2lAlNnoo (r100 9L/L N 01 aM 3N) ,CL'LZTL M„bZ,OZ.00S
LU
oI .i
LLI
W,�
m z tx �
1 l �6° o QP i/ / 7 01:
o p�,�
ram6
J N C
t
Wd ":OO:EO VOOZ/9Z/90 'lapoW ,f)mp*liq!gxa;wsa\6mp\9006\A
EXHIBIT B
REDEEMER LUTHERAN CHURCH
TEMPORARY CONSTRUCTION EASEMENT
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 19, 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 19, AND
CONSIDERING THE EAST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 19 TO BEAR S00°20'24"W, (ENDS OF SAID LINES MONUMENTED AS
SHOWN ON THE AMENDED PLAT OF LOTS 1 AND 2 OF BIGHORN RIDGE,
RECEPTION NO. 20040033276) WITH ALL OTHER BEARINGS CONTAINED HEREIN
RELATIVE THERETO;
THENCE ALONG SAID EAST LINE OF THE NORTHEAST QUARTER, S00020'24"W,
30.01 FEET TO A POINT ON THE EXISTING SOUTHERLY RIGHT-OF-WAY LINE OF
CARPENTER ROAD;
THENCE ALONG SAID RIGHT-OF-WAY LINE, S89°16'07"W, 611.38 FEET TO THE
POINT OF BEGINNING;
THENCE DEPARTING THE AFOREMENTIONED RIGHT-OF-WAY LINE, S46036'53"E,
128.33 FEET;
THENCE S36045'03"E, 572.17 FEET;
THENCE S53014'57"W, 45.00 FEET;
THENCE N36045'03"W, 568.29 FEET;
THENCE N46036'53"W, 115.85 FEET;
THENCE N82019'49"W, 74.67 FEET;
THENCE N07040'11"E, 27.68 FEE TO A POINT ON THE EXISTING SOUTHERLY
RIGHT-OF-WAY LINE OF CARPENTER ROAD;
THENCE ALONG SAID RIGHT-OF-WAY LINE, N89016'07"E, 94.98 FEET TO THE
POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.78 ACRES (34,006 SQUARE FEET) MORE OR LESS
AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS AND RESTRICTIONS
NOW IN USE OR OF RECORD.
K:\1006\LEGALS\TCE_LEGAL_DESC.dm Page 1 of 2 Created on August 25,2004
x a
U -
U zw3
Z N P�.
g Q r V Y\
`w Z g
r O o
h J m M CC U F-
g Z
WZ h m tw Q � Z
� QW CC ♦x W O him
� � � � Z m LlJ 0- CO W Z
� W3 �ovS � Wui W U W = � � _ _
OQz O Q 3 V b
oh ��JlZ
(SSNI V38 J0 SISVO) Z \ry
6L CIV08 AiNNoo (aoo 9L/L N Ol 2100 3N) ,UC Z£L M„IZ,OZ.00S
-- -- -- - - 3 - -
Ql wl Z G)�
CE
m w o 5�aIQ
o z Ii N a5 QPs� �z. O 1
h w EAI �
U l�Q.
/ w
w r9 mi
N O
ow
/MM Z^�
wwm Nam I�k1
Z_ Z Z Ii
o(C! z a I I J 4Rrll
a r;
nN J OCh �
Z O O w N M
Z Z 111 Z -�
I'
Wd 4Vt7O:ZO 40OZ/SZ/80 '18pow '6mp,jlglyxo jwsa\6mp\SOOT\N