HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/16/2008 - FIRST READING OF ORDINANCE NO. 107, 2008, AUTHORIZ ITEM NUMBER: 12
AGENDA ITEM SUMMARY DATE: September 16, 2006
FORT COLLINS CITY COUNCIL STAFF: Lindsay Kuntz
Daylan Figgs
SUBJECT
First Reading of Ordinance No. 107, 2008, Authorizing the Conveyance to the City of Greeley of
a Permanent Waterline Easement and a Temporary Construction Easement on the City-Owned Dry
Creek Stormwater Wetland.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
At its September 10, 2008 meeting the Land Conservation and Stewardship Advisory Board
reviewed the plans for the easements and recommends to Council that the easements be granted.
FINANCIAL IMPACT
No negative financial impact is expected from this action. As required by the City's 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;will be required to
compensate the City Natural Areas Program$1500 for the grant of the non-exclusive easement and
$400 for the grant of the temporary construction easement, based on current land values as
determined by Real Estate Services; and will be required to pay the City Natural Areas Program a
reclamation fee of$2,762.50 for future maintenance of vegetation within the easement area after the
construction project is completed and the property has been restored.
EXECUTIVE SUMMARY
The City of Greeley is in the process of building a 30-mile, 60-inch pipeline that will provide water
from its Bellvue water treatment plant located northwest of the City of Fort Collins to the residents
of the City of Greeley and surrounding towns.
As part of this project, the City of Greeley is constructing a portion of the new waterline across the
Dry Creek Stormwater Wetland located south of Vine Drive and east of North Lemay Avenue.
Greeley has requested a 50-foot permanent easement and a 75-foot temporary construction easement
from the Natural Areas Program. The area to be impacted by this project consists of 0.449 acres
within the permanent easement and another 0.656 within the temporary easement.
BACKGROUND
Dry Creek Stormwater Wetland was purchased in partnership with the Fort Collins Utilities
Department in anticipation of the property being modified as part of the Dry Creek Stormwater Plan.
September 2, 2008 -2- Item No. 12
This Stormwater Plan currently is in the design phase and is limited to the eastern side of the
property. The waterline easement is located to the west of the area within the Stormwater Plan.
Staff from the Utilities Department have reviewed Greeley's request for waterline easement and
have not identified any concerns within Dry Creek Stormwater Wetland.
Natural Resource Description
Vegetation is dominated by smooth brome with some occurrence of leafy spurge. Mature Russian
olive trees are found along the edge of the proposed easement. This property is closed to public use
and hay is harvested on the property by a local tenant.
The Resource Protection Standards (RPS) identifies several key wildlife species and habitats that
are considered for each proposed project. Included on the list are raptor nests, eagle winter roosts,
raptor winter feeding areas, den sites, and prairie dog colonies. No key species or habitats are
known to occur in the area at this time. Natural Areas staff will continue to monitor the site and if
key species or habitat is documented, the project will be modified as outlined in the RPS. The
applicant did conduct surveys for Preble's meadow jumping mouse and no individuals were found
in the project area. Habitat for Ute Ladies'-tresses is not found within the easement area but
marginal habitat is found to the north of Dry Creek Stormwater Wetland. No Ute Ladies'-tresses
are known to occur in the project area.
Ecological impacts to the property from these activities are minimal. Loss of vegetation cover will
occur during and immediately after construction. However,native vegetation will be restored to the
site as outlined in the Resource Protection Standards. Once the project has been completed a
Natural Areas representative will inspect the project site to verify that the project was completed and
the site restored according to the plans and agreements.
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$1500 for the grant of the
non-exclusive easement based on current land values as determined by Real Estate Services. In
addition,the applicant will be required to compensate the City Natural Areas Program$400 for the
grant of the temporary construction easement.
This waterline easement was requested by the City of Greeley in June 2008. The City of Greeley
has been working with Natural Areas staff since that time to satisfy the application requirements,
as well as,conduct any necessary surveys. After satisfying these requirements,the easement request
was then scheduled for consideration and approved at the Land Conservation and Stewardship Board
Meeting held on September 10, 2008.
ATTACHMENTS
1. Location Map.
ATTACHMENT
GWET Waterline Easement on
Dry Creek Stormwater Wetlands
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® Temporary Construction Easement location
ORDINANCE NO. 107, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE TO THE CITY OF GREELEY OF A
PERMANENT WATERLINE EASEMENT AND A TEMPORARY CONSTRUCTION
EASEMENT ON THE CITY-OWNED DRY CREEK STORMWATER WETLAND
WHEREAS, the City owns a certain parcel of real property located in the City of Fort
Collins, Latimer County, Colorado, known as the Dry Creek Stormwater Wetland (the
"Property"); and
WHEREAS, the Property was purchased by the City's Natural Areas program and the
City's Stormwater Utility in anticipation of the Property being modified as part of the Dry Creek
Stormwater plan; and
WHEREAS, the City of Greeley ("Greeley") is in the process of building a 30-mile
pipeline to transport water from Greeley's Bellvue water treatment plant to residents of Greeley
and surrounding towns; and
WHEREAS, as part of this project, Greeley has requested a 50-foot wide permanent
waterline easement and a 75-foot temporary construction easement on and across a portion of the
Property; and
WHEREAS, the proposed easements are shown and described on Exhibit "A", attached
hereto and incorporated herein by this reference ("the Easements"); and
WHEREAS, City staff has determined that the Easements would not interfere with the
City's intended use of the Property, either as a natural area, or as part of the City's stormwater
system; and
WHEREAS, as a condition of granting the Easements, the City would require Greeley to
restore the Easement areas in accordance with the Natural Areas Resource Protection Standards;
and
WHEREAS, Greeley has paid a $500 application fee and would pay the City a total of
$1,900 as consideration for the two easements, as well as $2,762.50 for future maintenance of the
Easement areas after Greeley restores them; and
WHEREAS, at its regular meeting on September 10, 2008, the Land Conservation and
Stewardship Advisory Board reviewed the proposed Easements and recommended that the City
Council grant them; and
WHEREAS, Section 23-111(a) of the City Code provides that the City Council is
authorized to sell, convey, or otherwise dispose of any and all interests in real property owned by
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the City, provided that the City Council first finds, by ordinance, that such sale or other
disposition is in the best interest of the City; and
WHEREAS, with respect to property that is a part of the City's water or utility systems,
Section 23-111(b) of the City Code requires that the City Council also find that the disposition
will not materially impair the viability of the particular utility system as a whole and that it will
be for the benefit of the citizens of the City; and
WHEREAS, the City has a close, collaborative relationship with Greeley on water-related
issues, and City staff believes it is a benefit to the citizens of the City that this cooperative
relationship be maintained.
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
interests of the City, will not impair the viability of the stormwater system, and will be for the
benefit of the citizens of the City.
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 16th day of
September, A.D. 2008, and to be presented for final passage on the 7th day of October, A.D.
2008.
Mayor
ATTEST:
City Clerk
-2-
Passed and adopted on final reading on the 7th day of October, A.D. 2008.
Mayor
ATTEST:
City Clerk
-3-
EXHIBIT "A"
PROPERTY DESCRIPTION
Exhibit-The City of Fort Collins
(I of 2)
A strip of land,being dedicated as a Fifty(50)foot wide waterline easement,located in the Northwest
Quarter(NWl/4) of Section Seven(7),Township Seven North(T.7N.),Range Sixty-eight West(R.68W.)of
the Sixth Principal Meridian(6'P.M.),County of Latimer,State of Colorado,the centerline of said strip of
land being more particularly described as follows:
COMMENCING at the Northwest Comer of said Section 7 and assuming the North line of said NWI/4 as
bearing North 88036'35"East,being a Grid Bearing of the Colorado State Plane Coordinate System,North
Zone,North American Datum 1983/92,a distance of 2565.34 feet with all other bearings contained herein
relative thereto:
THENCE North 88°36'35"East along the North line of said NW 1/4 a distance of 1791.90 feet;
THENCE South 00°00'00"East a distance of 200.06 feet to the Northerly line of that parcel of land
described in that Warranty Deed recorded October 27,1999 as Reception No.0099092866 of the records of
the Latimer County Clerk and Recorder,said point being the POINT OF BEGINNING of said centerline
description;
THENCE continuing South 00000'00"East a distance of 61.73 feet;
THENCE South 45034'33"East a distance of 329.08 feet to the Southerly line of that parcel of land
described in said Warranty Deed recorded as Reception No.0099092866,said point being the POINT OF
TERMINATION of said centerline description.
It is the intent of this property description that the sidelines of said strip of land be extended or shortened to
intersect at the angle points of the sidelines and that said sidelines terminate at the Northerly and Southerly
lines of that parcel of land described in said Warranty Deed recorded as Reception No.0099092866.
Said waterline easement contains 19,540 sq.ft.or 0.449 acre,more or less(±),and is subject to any rights-
of-way or other easements of record or as now existing on said described parcel of land.
Said waterline easement will be benefited by a temporary construction easement being Seventy-five(75)
feet wide adjoining to the Westerly and Southwesterly sidelines of said waterline easement,beginning on
said Northerly line of that parcel of land described in said Warranty Deed recorded as Reception No.
0099092.866 and terminating on said Southerly line of that parcel of land described in said Warranty Deed.
recorded as Reception No.0099092866.
Said temporary construction easement contains 28.577 sq.ft.or 0.656 acre,more or less(t),and is subject
to any rights-of-way or other easements of record or as now existing on said described parcel of land.
SURVEYOR'S STATEMENT
L Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby stale that this Property
Description was prepared under my personal supervision and checking•and that it is true and correct to the
best of my k edge and belief.
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650 Garden Drive
Windsor,Colorado 80550
(970)686-5011
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Last printed 6/13/2008 8:02 AM
WATER LINE EASEMENT & THE CITY OF RT COLLINS
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