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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/20/1999 - SECOND READING OF ORDINANCE NO. 113, 1999, AUTHORI r 7a. , 777" ' ;Tre<;. AGENDA ITEM SUMMARY ITEM NUMBER: 11 DATE: July 20, 1999 FORT COLLINS CITY COUNCIL STAFF: Jim Hibbard/ Tom Shoemaker SUBJECT: Second Reading of Ordinance No. 113, 1999, Authorizing the Conveyance of a Non-exclusive Easement for the Construction of Flood Control Structures in and along the Poudre River in the Archery Range Natural Area to Boxelder Sanitation District. RECOMMENDATION: Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY: Ordinance No. 113, 1999, which was unanimously adopted on First Reading on July 6, 1999, authorizes the conveyance of a non-exclusive easement to the Boxelder Sanitation District, for construction of flood control structures in and along the Poudre River and provides for on-going maintenance of the related improvements. During discussion on First Reading, concerns were raised regarding the "softness" of the improvements. Staff has reviewed materials regarding this project and have determined that all of the rip rap installed with the project will be covered with top soil and seeded with native vegetation. Also, any trees disturbed with the project will be replaced on a 3 to 1 ratio. The revised ordinance reflects those conditions for the project (see staff memo included in this packet). Also, since fast reading the value of the easement has been determined to be$800 and this also has been included in the revised ordinance. QTIT OMINO IN R\RAS RA I �✓ IDIMiuX.v ............. _. ...... WLRERRr ST [S li �. LS C.S.Y. Elli Y .RO lc K [F tt0':.p IOVE. COLORADO DR.FE A I VICINRY MAP ' N .als roD,Y RD RnDRn [OGSYI wRurxR s.IL ml. " Y.1YY1. RD g g 2, M LOCATION PLAN w suE L7 O men warm'NRr �.�. y1R• F[r Si%.i�irn�IM Fbsim I.I522.cr.[ a`I.r FR4.. ;.rleW LIDllcro <j FCFCNF.L CDFNCR i � ^ . 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Yi14 pF14N...���LC11G �—�� AGl !1A ( A I yp1 a1 no � yvi�° qlE lnF R[v[IM{M l WNmR[M IIEY[TL4 T u� v—. I..aDR ^.. FLCIYN ua� AAr. � AVE 3.7 TONS/LF i STREAMBED 10.5'MIN. ROCK SILL - PROFILE NOT TO SCALE 150' e^. I XISTING BANK 1y STREAMBEDI I� 4' MIN ROCK/ ROCK SILL - TYPICAL SECTION NOT TO SCALE �K �V' wti�F�a IIOY W COMIIUL i11YFIM[ .� r, mOW JIA` R4J. NATURAL EXISTING LAGOON DIKE GROUNDLINE b 2' MIN. THICKNESS BACXF ILL ATURAL )Z� ;t GROUNDL INE IO ) �E AVE 3.T TONS/LF ''6 L" MIN 2' MIN STONE FILL REVETMENT 4' IL TYPICAL SECTION AVE 3.7 TONS/LF -� NOT TO SCALE WINDROW REFUSAL TYPICAL SECTION rARI E NOT TO SCALE AVE 3.7 TONS/lF VARIES REVETMENT (SEE TYPICAL SECTION) WINDROW REFUSAL - TYPICAL PROFILE NOT TO SCALE m0�� TrIIY..flOO MO ra{1 atA 1Wr. j AGENDA ITEM SUMMARY ITEM NUMBER: 1 DATE: July 6, 1999 FORT COLLINS CITY COUNCIL Jim Hi d/ STAFF: To Shoemaker SUBJECT: First Reading of Ordinance No. 113, 1999, Authorizing the Conveyance of a Non-exclusive Easement for the Construction of Flood Control Structures in and along the Poudre River in the Archery Range Natural Area to Boxelder Sanitation District. RECOMMENDATION: Staff recommends adoption of rdinan`eon Ftrst Readin . FINANCIAL IMPACT: The Boxelder Sanitation District,�partially_ftmded bypand irwoopgAtion with the U.S.Army Corps of Engineers, will be responsible for all costs aociateAavithhe.stabilization of the embankment. • , ay. The City will be compensated air mazkefvalue&TtlFe Basemen easementAs consideration. This amount will be determined prior to second reading. .- I i EXECUTIVE SUMMARY: d During the April 30—May 1 high water on the Cache La Poudre River,a section of the embankment near the Boxelder Sanitation District Treatment Plant was damaged. Boxelder Sanitation District is working with the Army CoTP''s of Engineers�ppder q Ci�s Emergency Stream Bank Erosion Protection Program to stabiliz&he river embani ctite tt pro o"ofthe District's treatment facilities. All the proposed work is west�'fBoxelder Cre e projectonsists of removal of one half of a rip rap revetment structure on the right bank, placing stone-toe revetment or rip rap along the left bank of the river,windrow revetment in the channel, and a rock sill control structure as detailed in the Corps of Engineers public notice. This scope of work protects the District's existing lagoons. I Approximately 0.1 acres of wetlands will be impacted by the project and will be mitigated at a ratio of 1:1. In order to allow this work to proceed and provide for on-going maintenance of the related improvements, the District needs an easement on property owned by the City of Fort Collins. The work as proposed by the Corps of Engineers has been reviewed by the City of Fort Collins Utilities • and Natural Resources staff. Staff recommends granting the easement. The compensation amount to be paid for the easement, representing its fair market value, has not been determined as this agenda item summary is finalized. However, a compensation amount will be inserted in the DATE: July 6, 1999 2 ITEM NUMBER: 18 Ordinance on second reading. A drawing showing the easement area and additional information regarding the proposed improvements is attached. The District has also proposed additional related work on City property in the vicinity of this project that City staff is currently reviewing. Any additional easement grants recommended by City staff will be presented for Council consideration and approval at a later date. OPY 7 P,Y `a ��, • ORDINANCE NO. 113, 1999 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE EASEMENT FOR THE CONSTRUCTION OF FLOOD CONTROL STRUCTURES IN AND ALONG THE POUDRE RIVER IN THE ARCHERY RANGE NATURAL AREA TO BOXELDER SANITATION DISTRICT WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property located in Larimer County, Colorado, known as the Archery Range Natural Area ("the Natural Area"); and WHEREAS, the Boxelder Sanitation Districts, `' '3 J wishes to acquire a non- exclusive easement under and through a portion of the Natural Area as described on Exhibit "A", attached hereto and incorporated herein by this reference("the Easement"), for the construction and maintenance of flood control structures in cooperation with the U.S. Army Corps of Engineers, to reduce the risk of flood damage in the sewage treatment lagoons of the District adjacent to the Easement; and WHEREAS, in exchange for the Easement, Boxeltier SaniWion IdgDistrict has agreed to pay to the City the fair market value of the Easement; and Distract Easemer. , he 1J�stt�c3will elrsuteA,haf 4�p�ra titan l ce asap ",ltie9s� .prof n11 e ". _ . covei<gd nil,4poi�ompO.ev,'getatedn etahon,al aitFafttt07PTdc"d P; ,the Distnctltas also;agteed tltnyegs damaggtirxetno �d as prof ectlw ell replaced at a tlaree�o n catty dry kl Ce T istt7c 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 Easement is in the best interest of the City of Fort Collins. Section 2. That the Mayor is authorized to execute such documents of conveyance as are necessary to convey the Easement interest to Boxelder Sanitation District upon the terms and conditions described above. Introduced,considered favorably on first reading,and ordered published this 6th day of July, A.D. 1999, and to be presented for final passage on the 20th day of July, A.D. 1999. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of July,A.D. 1999. Mayor ATTEST: City Clerk EXHIBIT "A" • EASEMENT DESCRIPTION FOR A parcel of land being part of the East Half of the Northeast Quarter(E112 NE1/4) of Section Twenty-eight (28). in Township Seven North (T.7N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6thP.M.), in Larimer County, State of Colorado and being more particularly described as follows: BEGINNING at the Southeast Comer of said Section 28 and assuming the North Line of the Northwest Quarter of Section 34 as bearing 89026'18" East a distance of 2645.46 feet with all other bearings contained herein relative thereto: THENCE North 16013'56" West a distance of 4415.74 feet to the TRUE POINT OF BEGINNING: Said Point TRUE POINT OF BEGINNING is on the Boundary of Boxelder Sanitation District and The City of Fort Collins property. The point is South 63030'00" West 129.84 feet along that property line to the intersection of the West line of the East 112 of the Northeast 1/4 of said section twenty eight (28). • THENCE North 63030'00" East a distance of 228.37 feet; THENCE South 00054'55" East a distance of 47.09 feet; THENCE South 52°49'30" West a distance of 111.15 feet; THENCE South 62645'07" West a distance of 100.61 feet; THENCE North 24054110 West a distance of 64.40 feet to the TRUE POINT OF BEGINNING. Said described easement contains 0.288 Acres, more or less (t) and is subject to any right-of-way or other Easements as granted or reserved by instruments of record or now existing on said described parcel of land. Robert G. Flynn Boxelder Sanitation District Fort Collins Co. 80522 (970) 498-0604 Page 1 of 3 TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION The Easement being part of the East Half of the Northeast Quarter(E % NE 114) of Section Twenty- eight (28), Township Seven North (T.7N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian(6th P.M.), County of Larimer, State of Colorado and being more particularly described as follows: BASIS OF BEARINGS:Assuming the North line of the Northeast Quarter(NE 1/4) of Section 28 as bearing North 89017'W'West with all other bearings contained herein relative to said line: Beginning at the Northeast Comer of said Section 28 bear South 4702644" West a distance of 1,312.19 feet to the TRUE POINT OF BEGINNING: THENCE South 63°30'00"West a distance of 382.27 feet; THENCE South 63051'00"West a distance of 9.16 feet to the West line of the E '% NE 1/4: THENCE South 00°25'25" East along said West line a distance of 306.61 feet; THENCE North 56°13'58" East a distance of 506.94 feet; THENCE North 69°19'42"West a distance of 75.36 feet; THENCE North 00°55'08"West a distance of 172.93 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 2.30 Acres, more or less (+� and is subject to any rights-of- way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. Robert G. Flynn Boxelder Sanitation District P. O. Box 1518 Fort Collins, CO 80522 (970)498-0604 Page 2 0£ 3 TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION POM OF BEGMG NORTH EAST CORNFR ORTH EAST 1/I O H CORNER OF SEC.28 T.M. R.88W. OF SM28 T.7N. RH8W. N8917'OO"W B.S.D. pj PLANT �,`ti wear um SITE y'�•y OF 7M g1/2 OF NJL Ia OR TRas PONT T.7N.RAW. OF BBGRgM S63' 51'00'V 9.16' Noosw0e'W 17293' a Nee sob P s �s„7�°taw S 8CA a v iy° EASENlPXP NOT PO 2.30 ACRES SCALE EASEMENT-To-ammou-swrtAnni — ( !+a � Aarelder SeoitaLioo Di9tricl E,��� �j( Page i N 1E 3n7 AMA AM q m cwM v NO= IBM- -0 � 3 of 3 Utilities light S power • stormwater • wastewater water City of Fort Collins MEMORANDUM DATE: July 13, 1999 TO: John F. Fischbach, City Manager - THRU: Michael Smith,Fort Collins Utilities General Manager 0'- //D� Jim Hibbard, Water Field Operations and Planning Manager C1 FROM: Bob Smith, Water Planning Manage(iP6 RE: Boxelder Sanitation District—Bank Stabilization On July 6, 1999, City Council considered the granting of an easement to Boxelder Sanitation District for the placement of bank stabilization measures on City property. The purpose of the proposed work,to be completed by the Army Corps of Engineers(COE), is to protect the District's treatment plant from the erosive forces of the Poudre River. During that discussion concern was raised in regard to the "softness" of those bank protection measures. Since the meeting, staff has reviewed information from the District and the COE and believe that the measures being proposed are reasonable for the conditions at the site and are being made as soft as possible. Information from the District and the COE state that all riprap placed by the COE under their project will be "covered by soil and seeded". Also, any trees that are lost due to the project will be"replaced on a 3 to 1 ratio". With the covering of the proposed riprap, the removal of some existing riprap and the tree replacement, staff feels that the measures are as soft as can be expected given the site conditions. In order to ensure this outcome, the staff has added the specific requirement to the ordinance that riprap placed on City property be covered and re-vegetated with native plantings. If you have any questions, please don't hesitate to contact me. cc: W. Dean Smith, Boxelder Sanitation District General Manager 700 VAod St. • P.O. Box 580 • Fort Cull ins, CO 80522-0550 • (970)-21-6700 • FAX (970)221.6619 • FAX (970)227.659- • TDD (970)'-216(W_ e-mail: utilitiesCid.fort-collins.co.us • wN�%w.ci.fort-collins.co.us,/LJTILITIES