HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/06/2008 - FIRST READING OF ORDINANCE NO. 045, 2008, AUTHORI ITEM NUMBER: 12
AGENDA ITEM SUMMARY DATE: May 6, 2008
FORT COLLINS CITY COUNCIL STAFF: John Stokes
Wally Cameron
SUBJECT
First Reading of Ordinance No.045,2008,Authorizing the Conveyance of Non-exclusive Drainage
Easement Interests and a Temporary Construction Easement for a Drainage Channel for J-B
Investments, Inc., on a Portion of the City-Owned Timnath Community Separator.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
The Land Conservation and Stewardship Board recommended approval at its regular meeting of
April 9, 2008.
FINANCIAL IMPACT
No negative financial impact is expected from this action. 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 has paid the initial application fee of
$500 and will be required to compensate the City Natural Areas Program $16,000 for the grant of
these non-exclusive easements based on current land values as determined by City of Fort Collins
Real Estate Services. In addition, the applicant will be required to compensate the City Natural
Areas Program $500 for the grant of the temporary construction easement and $4,550 for the
reclamation fee.
EXECUTIVE SUMMARY
J-B Investments, Inc., owner of approximately 52 acres located in the southeast quadrant of the
intersection of I-25 and Prospect Road, is requesting 4 non-exclusive drainage easements on, over,
and across the 105 acre City of Fort Collins property formerly known as the Vangbo Property,
located in the Timnath Community Separator Area on the east side of the I-25 East Frontage Road.
In addition, J-B Investments is requesting a 20-foot temporary construction easement adjacent to
the 30-foot drainage easement contiguous to the northern boundary.
The requested easements are necessary for J-B Investments to meet Latimer County's development
requirements for its 52-acre property to the north of the easement area. The drainage easement is
necessary to accommodate historic drainage from the proposed development.
May 6, 2008 -2- Item No. 12
BACKGROUND
J-B Investments, Inc., owns approximately 52 acres located in the southeast quadrant of the
intersection of 1-25 and Prospect Roads. Future improvements planned for this site include
buildings,asphalt parking areas,and possibly a fenced in area with a gravel surface for RV storage.
Plans for these improvements are currently under review with Larimer County.
As part of the project,detention ponds will hold runoff up to and including the 100-year storm event.
Three detention ponds totaling 13 acre feet of storage will be located on the property owned by J-B
Investments,Inc. Based on detention calculations,approximately 9.7 acre feet of storage is needed
to contain the 100-year storm in the property's current condition. Once the site is fully developed
an additional 3.3 acre feet of storage is needed to contain runoff from impervious surfaces such as
asphalt parking areas.
Release from the ponds will be at a rate of 2.5 cfs and will follow the historical flow patterns to the
south onto the City's property.The applicant requests approval to construct three culverts under the
existing access road and a ditch that will receive the water released from the ponds and direct it to
the south,following the historical outfall for the property. This method of detention and release will
reduce the overall release rate while providing for the increase in runoff from the development of
the site.
The applicant will restore all areas disturbed by the construction of the drainage ditch as outlined
in the City of Fort Collins Natural Area and Open Lands Easement Policy and the Natural Areas
General Resource Protection and Restoration Standards.
ATTACHMENTS
I. Minutes from the April 9, 2008 meeting of the Land Conservation and Stewardship Board.
2. Vicinity Map.
ATTACHMENT 1
Land Conservation & Stewardship Board
April 9, 2008
Mustang Meadows Drainage- Excerpt
Mustang Meadows Drainage
• Figgs: In December of 2007 we approved a 30 foot drainage easement on Vangbo
to J-B Investments. They are requesting four non-exclusive drainage easements
on, over, and across the contiguous 105 acre City of Fort Collins property
formerly known as the Vangbo Property located in the Timnath Community
Separator Area on the east side of the I-25 East Frontage Road. In addition J-B
Investments is requesting a 20 foot temporary construction easement adjacent to
the 30 foot drainage easement contiguous to the northern boundary.
The applicant has paid the initial application fee of$500 and will be required to
compensate the City Natural Areas Program $16,000 for the grant of these non-
exclusive easements based on current land values as determined by the City of
Fort Collins Real Estate Services. In addition, the applicant will be required to
compensate the City Natural Areas Program$500 for the grant of the temporary
construction easement and $4,550 for the reclamation fee. No negative financial
impact is expected from this action.
• Stanley: There will be run-off from the parking lot, how do you mitigate that?
• Robinson: On our side there are detention ponds with water quality structures, so
what we release is water that has been put through that system.
Vicky motioned that the Land Conservation& Stewardship Board recommend that City
Council approve the conveyance of one (1) 30 foot drainage easement along the north
boundary of the Vangbo property, two (2)twenty foot wide and one (1) twenty-six foot
wide non-exclusive drainage easements under the existing Access Road to J-B
Investments, Inc.
Also, that the Land Conservation& Steward ship Board recommends that City Council
approve the conveyance of a 20 foot temporary construction easement along the north
boundary of the Vangbo Property to J-B Investments, Inc. Grooms second. It was
unanimously approved.
J
ATTACHMENT 2
Vangbo Property Drainage Easement
5
i
-= Mustang
Meadow
y J - .B INVESTMENTS
Running Deer
Natural Are Person CE
30' wide drainage easement
Vangbo Property
( Managed by the
City of Fort Collins`
Legend
Easement
CITY OF FORT COLLINS NATURAL AREA N
CONSERVATION EASEMENT
COUNTY OR CITY OPEN LANDS
LARIMER COUNTY, STATE OR CSU NATURAL AREA 7
MUSTANG MEADOWS
Natura
0 500 11000 2 , 000 Feet Areas
Cih^of Fort Collins �.Q
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ATTACHMENT 2
ORDINANCE NO. 045, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE DRAINAGE
EASEMENT INTERESTS AND A TEMPORARY CONSTRUCTION EASEMENT
FOR A DRAINAGE CHANNEL FOR J-B INVESTMENTS, INC., ON A PORTION
OF THE CITY-OWNED TIMNATH COMMUNITY SEPARATOR
WHEREAS, the City of Fort Collins owns a certain parcel of real property located in
Larimer County, Colorado, in the Timnath Community Separator Area, known as the Vangbo
Property (the "City Property"); and
WHEREAS, J-B Investments, Inc., (the "Developer") must provide a drainage channel to
function as an outlet structure for a required detention pond or ponds located on the development
site as part of its development proposal; and
WHEREAS, in order to provide and install the drainage channel, the Developer has
requested a 30-foot wide non-exclusive drainage easement contiguous to an existing 30-foot
access easement on the northern boundary of the City Property; and
WHEREAS, the Developer has also requested three smaller drainage easements under
the existing 30-foot access easement and a 20- foot Temporary Construction Easement; and
WHEREAS, these easements are shown on and described in Exhibits "A-l" and "A-2"
attached hereto and incorporated herein by this reference (collectively"the Easements"); and
WHEREAS, the Developer has worked with City staff to coordinate the location of the
Easements on the north property line of the City Property and within or contiguous to an existing
non-exclusive easement area in order to minimize disturbance to the City Property; and
WHEREAS, City staff has negotiated with the Developer an Easement Deed and
Agreement, dated April 30, 2008, which is on file in the office of the City Clerk and available
for public inspection (the "Easement Deed and Agreement'), and which includes specific
conditions governing the operation, maintenance, and repair of the Easements; and
WHEREAS, in exchange for the grant of the Easements, the Developer has agreed to pay
to the City the fair market value of the Easements and to pay reclamation and administration
fees, which have been determined to be a total of $21,550; and
WHEREAS, staff recommends approval of the Easements, in view of the resource
protection measures to which the Developer has agreed, as set forth in the Easement Deed and
Agreement; 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 Easements, 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 Easement Deed and
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, including, but not limited to, any necessary changes to the legal description
of the Easements, as long as such changes do not materially increase the size or change the
character of the Easements.
Introduced, considered favorably on first reading, and ordered published this 6th day of
May, A.D. 2008, and to be presented for final passage on the 20th day of May, A.D. 2008.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 20th day of May, A.D. 2008.
Mayor
ATTEST:
City Clerk
EXHIBI T A
DRAINAGE EASEMENT AND 20' TEMPORARY CONSTRUCTION EASEMENT
SITUATE IN THE SOUTHWEST 114 OF SECTION 22, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.,
COUNTY OF LARIMER, STATE OF COLORADO
68 DRAINAGE EASEMENT No. 4
8RZ 779 s.f.
s�
delta=00'0850" g� DRAINAGE EASEMENT No. 3
arc=29.25' r=11375.00' �y�1 602 a.f.
N04'58'28"W 29.25' SCALE — 1"=200'
DRAINAGE EASEMENT No. 2 FEBRUARY 12th, 2008
SOa3TY0t mr.vo' 600 s.f.
West 114 Comer of North line of Southwest 114 of Section 22- N-R68W
Sedan 22-17N-R68W 5ao'Jebr'F .Taw' Mar•r I'IJ'E Ja 11' aaT)r',J1v ]a r2' m9o' S.�IYI}'a JB.ar --
t 3sbl1x• Jam• . N89'5559"W 1367.17' nmxruz Jaar
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me�ia.,Y,—nmm• ----µ1-30 ----- — _sA1._w• JaLw
nnrorr3w Darr N ¢------------ --- 12TI,A' r3ar...rY' --- _ -------_Ts_w - as.W S895559'E 246.41'
�� I I r----------- - -- --- --- - --------- v (not to scale
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JarY e -o/bs•rz• sesss'ss'E mar' ssa557s2' zisr mw' ld Center 114 Co,ner of
deltO=01'26'16" I II EXISTING 30' ACCESS EASEMENT
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arc=28 r=11775.00' w -Rsew
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N05'45'48"W 285.47' �zuu',=rizsam• 3
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o \ DRAINAGE EASEMENT No. 1
�� dx arrs'lr 46,476 s.f. 0
Z o,c"Yla le'r�IIJ4am'
msw•lzw zu.lr• 20' TEMPORARY g
CONSTRUCTION EASEMENT
36 mlmv saw, 30,87J s.f. -
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EXHIBIT A-1
EXHIBIT A-2
EASEMENTS FOR MUSTANG MEADOWS
DRAINAGE EASEMENT No. 1:
A tract of land situate in the Southwest 114 of Section 22,Township 7 North,Range 68 West of the Sixth P.M.,
County of Latimer,State of Colorado,which,considering the North line of said Southwest 1/4 as bearing
S89055'59"E and with all bearings contained herein relative thereto,is contained within the boundary lines
which begin at a point which bears S89"55'59"B 1468.87 feet,and again S00006'5I"W 30.00 feet from the West
1/4 Comer of said Section 22,and run thence S00"06'51"W 30.00 feet;thence N89055'59"W 1301.32 feet;
thence along the arc of a 11,315 foot radius curve concave to the East a distance of 214.60 feet,whose central
angle is 01005'l2",the long chord of which bears S05055'12"B 214.60 feet;thence S83032'12"W 30.00 feet;
thence along the am of a 11,345 foot radius curve concave to the Bast a distance of 248,16 feet,whose central
angle is 01"15'12",the long chord of which bears N05050'I1"W 248.16 feet;thence S89055'59"E 1334.29 feet
to the point of beginning,containing 46,476 square feet,more or less,and being subject to all easements and
rights-of-way which are existing or are of record.
DRAINAGE EASEMENT No.2:
A tract of land situate in the Southwest 1/4 of Section 22,Township 7 North,Range 68 West of the Sixth P.M.,
County of Larimer,State of Colorado,which,considering the North line of said Southwest 1/4 as bearing
S89055'59"E and with all bearings contained herein relative thereto,is contained within the boundary lines
which begin at a point which bears S89055'59"B 543.00 feet from the West 1/4 Comer of said Section 22,and
run thence S89A55'59"B 20.00 feet;thence SOOA36'01"E 30.00 feet;thence N89A55'59"W 20.00 feet;thence
1,1009601"W 30.00 feet to the point of beginning,containing 600 square fee%more or less,and being subject
to all easements and rights-of-way which are existing or are of record.
DRAINAGE EASEMENT No.3:
A tract of land situate in the Southwest 1/4 of Section 22,Township 7 North,Range 68 West of the Sixth P.M.,
County of Latimer,State of Colorado,which,considering the North litre of said Southwest 1/4 as bearing
S89055'59"B and with all bearings contained herein relative thereto,is contained within the boundary lines
which begin at a point which bears S89055'59"E 1037.50 feet from the West 114 Corner of said Section 22,arrd
tun thence S89A55'59"B 20.08 feet;thence S05AI 111311W 30.12 feet;thence N89A55'59"W 20.08 feet;thence
NOSH 11'13"E 30.12 feet to the point of beginning,containing 602 square feet,more or less,and being subject to
all easements and rights-of--way which are existing or are of record.
DRAINAGE EASEMENT No.4:
A tract of land situate in the Southwest 114 of Section 22,Township 7 North,Range 68 West of the Sixth P.M.,
County of Latimer,State of Colorado,which,considering the North line of said Southwest 1/4 as bearing
S89055'59"E and with all bearings contained herein relative thereto,is contained within the boundary lines
which begin at a point which bears S89055'59"E 1437.80 feet from the West 114 Comer of said Section 22,and
run thence S89A55'59"E 25.98 feet;thence S39A43114"W 38.97 feet;thence N89A55'59"W 25.98 feet;thence
N39A43'14"E 38.97 feet to the point of beginning,containing 779 square feet,more or less,and being subject to
all easements and rights-of-way which are existing or are of record.
20'TEMPORARY CONSTRUCTION EASEMENT:
A tract of land situate in the Southwest 1/4 of Section 22,Township 7 North,Range 68 West of the Sixth P.M,
County of Larimer,State of Colorado,which,considering the North line of said Southwest 1/4 as hewing
S89055'59"E and with all bearings contained herein relative thereto,is contained within the boundary lines
which begin at a point which bears S89055'59"E 1468.87 feet,and again S00"0651"W 60.00 feet from the West
1/4 Corner of said Section 22,and run thence S00"06'5 1"W 20.00 feet;thence N89055'59"W 1279.29 feet;
thence along the are of a 11,295 foot radius curve concave to the East a distance of 212.23 feet,whose central
angle is 01"04'36",the long chord of which bears S06"01'35"B 212.22 feet;thence S83632'12"W 50.00 feet;
thence along the arc of a 11,345 foot radius curve concave to the East a distance of 20.00 feet,whose central
angle is 0000604",the long chord of which bears N0690'50"W 20.00 feet;thence N83032'12"B 30.00 feet;
thence along the arc of a 11,315 foot radius curve concave to the East a distance of 214.60 feet,whose central
angle is 01005'12",the long chord of which bears N05055'12"W 214.60 feet;thence 589055'59"E 1301.32 feet
to the point of beginning,containing 30,873 square feet,more or less,and being subject to all easements and
rights-of-way which are existing or are of record.
EXHIBIT A-2