HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/21/2004 - ITEMS RELATING TO THE EPA-SUPERVISED ENVIRONMENTAL ITEM NUMBER: 9 A-C
AGENDA ITEM SUMMARY DATE: September21, 2004
FORT COLLINS CITY COUNCIL STAFF: Greg Byrne
SUBJECT
Items Relating to the EPA-supervised Environmental Remediation at the Poudre River and Northside
Aztlan Community Center Property.
RECOMMENDATION
Staff recommends adoption of the Ordinances. Staff recommends granting the easements without
compensation.
FINANCIAL IMPACT
Staff is recommending that the City not charge compensation for the easement,in order to facilitate
the environmental cleanup work in and along the Poudre River. The approximate value finding for
all of the easements, if the City were to charge compensation for them, is an estimated total of
$968,285.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 146,2004,Authorizing the Conveyance of Permanent,Non-
Exclusive Easement Interests to Public Service Company of Colorado and the United States
Environmental Protection Agency for Environmental Remediation Activities and Facilities
on the Northside Aztlan Community Center Property.
B. First Reading of Ordinance No. 147, 2004,Authorizing the Conveyance of an Easement on
the Gustav Swanson Natural Area to North Weld County Water District for Relocation of
a Water Line From Its Existing Location on the Natural Area
C. Second Reading of Ordinance No.140,2004,Authorizing the Conveyance of Nonexclusive
Easement Interests for the Relocation of a Waterline by the North Weld County Water
District to a New Location on the Northside Aztlan Community Center Property.
As discussed at the September 7 City Council meeting,when Ordinance No. 140,2004 was adopted
on First Reading,the cooperation with other stakeholders in the cleanup of the contamination under
the Northside Aztlan Center site will require several Council actions, including a variety of
easements.
September 21, 2004 -2- Item No. 9 A-C
Item A would convey permanent easements to Public Service Company of Colorado and the U.S.
Environmental Protection Agency. This provides an area for construction and operation of
remediation structures and equipment.
Item B provides an easement across a City-owned natural area,allowing realignment of the existing
North Weld County Water District water line.
Item C is Second Reading of Ordinance No. 140,2004,authorizing an easement across the Northside
Aztlan Center site for the realignment of that same North Weld County Water District water line.
Ordinance No. 140, 2004 was adopted unanimously on First Reading on September 7, 2004.
BACKGROUND
On September 7,staff introduced the City Council to the broad outline of a remediation plan for the
contamination reaching the Poudre River from the decommissioned coal gasification plant on the
south side of Willow Street. The City of Fort Collins participated in the cleanup of one of the gas
holders in 1996, as part of the railroad relocation project.
A black, oily substance characterized as coal tar, has left the old Public Service Company site,and
has created a plume of contamination under the Northside Aztlan Center property, and has entered
the Poudre River. The contamination has seeped through fissures and cracks in the bedrock and
emerged in the river bottom,where it is carried downstream by the current. In low flow conditions,
the material may be seen lying on the river bottom; it releases an oily sheen on the water surface.
In order to prevent the contamination from continuing to enter the river,and to clean the groundwater
under the site, the Environmental Protection Agency, working with Public Service Company, has
made significant progress in developing a remediation plan. As currently planned, the cleanup
involves two basic elements:
• Excavate contaminated alluvium and bedrock in the Poudre River channel,dispose of
the contamination at an approved facility,and reconstruct the river channel. This work
must take place during low flow conditions, so the river bed will be accessible for the
excavation work. As happened last year during investigation, the low flow water will be
pumped and piped around the construction area, and released downstream back into the
Poudre River.
• Install a barrier wall on the south bank of the river to intercept contaminated ground
water. The barrier wall,about 600 feet in length,will be below grade,with a system ofpipes
to bring contaminated ground water to the surface, where it will be treated and released to
the Poudre River. Prior to construction of a permanent building for the treatment equipment,
EPA and PSCo propose to operate in a temporary facility for a year,monitoring the volume
September 21, 2004 -3- Item No. 9 A-C
and condition of inflows and outflows. Then, a permanent facility will be designed and
installed. At this point, it is anticipated that this building will be smaller than a garage.
This work,as currently planned,is generally shown on the pages immediately following this Agenda
Item Summary.
To carry out the remediation plan,PSCo and EPA employees will require continuous access to the
site to operate and maintain the facilities,and to monitor the condition of water flowing into and out
ofthe systems. Specific legal descriptions of the location of facilities to be installed will be available
for Second Reading of Ordinance No. 146, 2004.
The bank of the Poudre River will be disturbed during the construction.
On the south side of the Poudre River,where the barrier wall is to be installed,the existing bank
of the river is steep and characterized by riprap,non-native vegetation, and refuse from the old city
dump. The dump, operated in the early part of the 20th century,was located right up to the bank of
the river. This steep bank is to be excavated and laid back to a 2:1 slope, with a bench permitting
the installation of the barrier wall and water treatment facility.
PSCo will be responsible for restoring the bank with vegetation as part of the project. City staff
members from CLRS, Utilities, and CPES are cooperating with EDAW (a subcontractor working
on the project for PSCo) on the design.
On the north side of the Poudre River, some excavation of the soil and bedrock will disturb the
river bank in the Gustav Swanson Natural Area. Drilling during the investigation phase revealed
smaller amounts in the bedrock there. The bank on the north side of the river is in better condition,
not as steep, and the contamination is less extensive. Nevertheless, some bank disturbance and
restoration will be inevitable.
As this AIS goes to print, the NRAB has not yet reviewed the easements or restoration plan. The
NRAB is scheduled to consider this item at its September 15 meeting,prior to the Council meeting,
and staff will report to the Council regarding the NRAB discussion and recommendations in the
Council's "Read Before" packet on September 21, 2004.
At the last meeting, Council asked whether or not the installation of the new water line through the
old city dump site was trading one problem for another. Upon review of the known information
about the contamination, staff does not believe this will result. The water line will be relatively
shallow compared to the contamination,and the water table. Staff does not expect that any coal tar
will be encountered during the relocation. Nor does staff expect the new water line to provide a
preferential pathway for the contamination to escape the area. In order to prevent such outcomes,
the EPA will have on-site monitoring during the construction, as will the City. This will provide
immediate response if coal tar is found to be present. It should be noted that the construction will
likely be through non-hazardous debris from the old dump. Some material will probably need to be
hauled to the Larimer County Landfill, and be replaced with engineered fill around the water line.
September 21, 2004 -4- Item No. 9 A-C
As noted on September 7,the City of Fort Collins is expected to become a party to an Administrative
Order on Consent(AOC),along with EPA,Public Service Company,and Schrader Oil. Negotiations
continue among the parties, and although there are still a number of issues under discussion, staff
remains hopeful that a mutually agreeable resolution can be reached for presentation to the City
Council in the near future. Assuming those discussions proceed as hoped, staff expects to present
a related ordinance for first reading on October 5th.
Staff recognizes that there are costs and benefits associated with this remediation program. On the
cost side of the ledger,the City of Fort Collins is being requested to convey property interests at no
cost;to accept certain future limitations on the use of City property;to accept disturbance to a City-
owned natural area; to participate with a significant amount of staff and in-kind contributions; and
to bear certain risk of future incremental costs in City capital projects.
On the benefit side, the contamination under City property at the Northside Aztlan Center is now
well defined, and there is an active program to remediate the most pressing environmental damage,
release of the contamination to the Poudre River. Staff has also been able to reach a much higher
level of comfort about City plans to reconstruct the Northside Aztlan Community Center on the site.
Significantly, EPA has taken the position that based on current information, the City has a defense
to liability as a"contiguous property owner". While the other parties involved have not conceded
that this defense applies, they have not insisted that the City bear a cost of the remedial action or
assist in repaying EPXs response costs, in the course of the ongoing settlement discussions.
On balance, staff concludes that the City's cooperation in the items proposed is in the public's
interest, assuming that the negotiation of an overall resolution proceeds as hoped.
G
IE E � 31
t��II1�. IIM ti
Ig I yp$
I 9
01
a
nI
ilill4t 1��,�
)!
| 10
\ >
, la � .
§ § |
� ji
0 0
.«« ■ ;
. ,
ORDINANCE NO. 146, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF PERMANENT, NON-EXCLUSIVE
EASEMENT INTERESTS TO PUBLIC SERVICE COMPANY OF COLORADO
AND THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
FOR ENVIRONMENTAL REMEDIATION ACTIVITIES AND FACILITIES
ON THE NORTHSIDE AZTLAN COMMUNITY CENTER PROPERTY
WHEREAS, the City of Fort Collins (the "City") is the owner of various properties to the
north, south and under the Poudre River between College Avenue and Linden Street, including
Gustav Swanson Natural Area (the "Natural Area") to the north of the River, and the Northside
Aztlan Center property, including the property on which the United Way Building is situated
(collectively referred to as the "Aztlan Property") to the south of the River; and
WHEREAS, pursuant to various licenses to enter granted by the City Manager under the
authority granted to him in Resolution 2003-119, on November 4, 2003, Public Service
Company of Colorado ("PSCo") and the United States Environmental Protection Agency
("EPA") have conducted extensive investigation of a seep of a black, oily substance
characterized as coal tar in the Poudre River in the vicinity of the Aztlan Property identified by
the City in late 2002, and the source and extent of related contamination, and have carried out
certain initial remediation of the contamination; and
WHEREAS, in light of the investigations and remedial activities completed to date,
PSCo and EPA are in the process of developing a remedial action plan to be carried out in the
Poudre River and on adjacent Aztlan Property; and
WHEREAS, the detailed plans for the investigation and remediation work to be
completed, including necessary backfill and restoration of the affected area upon completion of
that work, as currently anticipated, are expected to include a 700 foot vertical wall in the south
bank of the Poudre River, a small treatment building in which water collected in the wall
structure will be treated, and other minor structures to support the operation and maintenance of
these facilities and ongoing monitoring of the area; and
WHEREAS, in order to install, operate, maintain and access the remedial facilities, PSCo
has requested a permanent nonexclusive easement on and under the Aztlan Property, in the
location generally described and shown on Exhibit "A", attached hereto and incorporated herein
by this reference (the "PSCo Easement"); and
WHEREAS, in order to allow for ongoing monitoring and supervision of the activities of
PSCo, and to provide for such access as may be needed to ensure proper implementation of the
remediation work, EPA has requested that the City grant to EPA an easement for such activities
on the Aztlan Property(the"EPA Easement"); and
WHEREAS, prior to execution of final easements, the remedial action plan and
restoration plan will be subject to review and approval by the City Manager in order to ensure
that no avoidable adverse impacts upon the Natural Area or Aztlan Property or other City
improvements will result from the activities on those properties; and
WHEREAS, City staff has made an approximate value finding for the easements, and has
found the value of the easements to total approximately$705,000; and
WHEREAS, in view of the anticipated benefits to the City and to the general public of
the environmental cleanup activities that are proposed to occur in the river and near and on the
Aztlan Property, which will be facilitated by the easements authorized hereunder, City staff has
recommended that the City not require the payment of consideration for the easements
authorized hereunder; and
WHEREAS, as a condition of the PSCo Easement and the EPA Easement, completion of
a restoration plan satisfactory to the City will be required after installation of the remediation
facilities; 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 PSCo Easement and the Permanent Easement, as
set forth herein, will be in the best interest of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute deeds conveying the PSCo
Easement and the EPA Easement, subject to such additional terns and conditions not
inconsistent with this Ordinance as the City Manager, in consultation with the City Attorney,
determines to be necessary or appropriate to protect the interests of the City, provided that the
remedial action plan, restoration plan and related settlement terms are acceptable to the City
Manager.
Introduced, considered favorably on first reading, and ordered published this 21st day of
September, A.D. 2004, and to be presented for final passage on the 5th day of October, A.D.
2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 5th day of October, A.D. 2004.
Mayor
ATTEST:
City Clerk
EXHIBIT A TO ORDINANCE NO. 146
PAGE 1 OF 2
DRAFT
Easement and Access for Poudre River Remedy Implementation
Easement/Ordinance for Permanent/semi-permanent facilities to be left on site:
• Permanent vertical barrier wall approximately 700 linear feet along the southwest bank of
the river and associated hydraulic control system (trench and pumps on upstream side of
wall).
• Monitoring wells and piezometers to evaluate system operation and effectiveness.
• Water treatment system—system components (tanks, filtration,pumps, etc),building
enclosure, POTW or river discharge point(s).
• Permanent power supply
Access for:
• Excavation of NAPL impacted sediment and bedrock over a stretch of river
approximately 600 feet long by 75 feet wide to a depth of approximately 15 feet; work to
be implemented between December 2004 and May 2005.
• Installation, operation and maintenance of the barrier wall.
• Construction, operation and maintenance of the water treatment plant.
• Construction and use of impacted material stockpile area, imported clean backfill
stockpile area, equipment staging area and construction trailer. These facilities to be
located generally on the athletic fields adjacent to the Aztlan Community Center.
• Access roads for facilities operation and maintenance, and to import/export equipment,
supplies and waste materials.
• Access to river and Gustov Swanson Natural Area for operation and maintenance of river
diversion, sedimentibedrock excavation, and site monitoring.
• Operation, maintenance and monitoring (for up to 30 years):
o Maintenance and operation of water treatment system.
o Inspection, operation, and maintenance of barrier wall and hydraulic control
system.
o Inspection/monitoring of riverbed.
o Periodic monitoring of GW wells and piezometers, and sample collection as
needed.
o Periodic monitoring of river observation pipes, water/NAPL removal as needed.
Facilities to be removed at time of AOC closure and termination of system operation:
• Closure of monitoring wells in accordance with State regulations.
• Removal of water treatment system (components and building), stockpile areas,
construction trailer/facilities, and access road, and restoration of area in accordance with
project Restoration Plan, termination of discharge agreements and water make-up
agreements with respective agencies.
EXHIBIT A TO ORDINANCE NO.
PAGE 2 OF 2
Aal
• ' 22B9e� _
� + •
r.
ui
Lu
ui
Of LU
•.�
:d'eeeeeee5
,
.:d'eeeeeeeee::::
' •
ui
ee
ORDINANCE NO. 147, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT
INTERESTS FOR THE RELOCATION OF A WATERLINE BY THE
NORTH WELD COUNTY WATER DISTRICT TO A NEW LOCATION
ON THE GUSTAV SWANSON NATURAL AREA
WHEREAS, the City of Fort Collins owns certain real property located in the city and in
Larimer County, Colorado, known as the Gustav Swanson Natural Area (the "Natural Area
Property"); and
WHEREAS, the main water transmission line of the North Weld County Water District
("North Weld") is located within the south bank of the Cache La Poudre River along the City's
Northside Aztlan Community Center property (the "Aztlan Property"), and in its current location
turns north to cross the river and the Natural Area Property; and
WHEREAS, the existing North Weld waterline was in place on the Natural Area
Property when the City acquired it, and appears to have been located in an existing easement(the
"Existing Easement"), although the exact details of the prior grant are unclear; and
WHEREAS, in connection with the proposed implementation of environmental cleanup
activities in the river and on the Aztlan Property, North Weld has been asked to relocate its
existing waterline from its current location along the south bank of the Cache La Poudre River to
a location further south on the Aztlan Property, and to shift the river crossing of the waterline
further downstream from its current location; and
WHEREAS, in order to install the waterline in the new location, North Weld has
requested a nonexclusive temporary construction easement for three months and a 30-foot wide
permanent nonexclusive easement on and under the Natural Area Property, in the location on the
Natural Area Property described and shown on Exhibit "A", attached hereto, consisting of 5
pages and incorporated herein by this reference (the "Temporary Construction Easement" and
the "Permanent Easement", respectively); and
WHEREAS, in exchange for the grant of the Temporary Construction Easement and the
Permanent Easement, North Weld has agreed to vacate the Existing Easement no later than 30
days after completion of the relocation of the waterline; and
WHEREAS, on September 21, 2004, the City Council adopted on second reading
Ordinance No. 140, 2004, authorizing temporary and permanent easements on the Aztlan
Property for the relocation of the waterline; and
WHEREAS, City staff has reviewed the location of the proposed Temporary
Construction Easement and Permanent Easement, and has determined that the new waterline
location will not significantly impact or impair the natural resource values or natural areas
program use of the Natural Area Property; and
WHEREAS, City staff has made an approximate value finding for the easements, and has
found the value of the easements to total approximately$185,000; and
WHEREAS, in view of the anticipated benefits to the City and to the general public of
the environmental cleanup activities that are proposed to occur in the river and near and on the
Aztlan Property, which will be facilitated by the relocation of the waterline easements authorized
hereunder, City staff has recommended that the City not require the payment of consideration for
the easements authorized hereunder; and
WHEREAS, as a condition of the Temporary Construction Easement and the Permanent
Easement, regarding, reseeding and other restoration of the areas disturbed by the installation of
the waterline will be required; 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, will be 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 not inconsistent with this Ordinance 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 21 st day of
September, A.D. 2004, and to be presented for final passage on the 5th day of October, A.D.
2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 5th day of October, A.D. 2004.
Mayor
ATTEST:
City Clerk
09/89/2004 09:18 9706965821 KING SURVEYORS INC PAGE 02104
PROPERTY DESCRIPTION
Exhibit A
City of Fort Collins
Waterline Easement and Temporary Construction Easements
A parcel of land being a part of the Northwest Quarter(NW 1/4)of Section Twelve(12),Township Seven
North(T.7N.),Range Sixty-nine West(R.69W.),Sixth Principal Meridian(6'"P.M.),City of Fort Collins,
County of Lorimer,State of Colorado,being dedicated as a 30.00 foot wide waterline easement,the
centerline of said easement more particularly described as follows:
COMMENCING at the Northwest Comer of said Section 12 and assuming the West line of the Northwest
Quarter(NW I/4)of said Section 12 to bear South 00006'49"West,a grid bearing of the Colorado State
Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 2656.73 feet with all
other bearings herein relative thereto;
THENCE South 00°06'49"West a distance of I t72.15 feet to the Southerly Right of Way(ROW)line of
the Colorado and Southern Railroad;
THENCE North 56046'49"East along said Southerly ROW line a distance of 227.42 feet to the East line of
that parcel of land described in a deed recorded January 17,2003 as Reception No.2003006605 of the
Records of Lorimer County;
THENCE South 00006'49"West along said East line a distance of 17.95 to the TRUE POINT OF
BEGINNING;
THENCE North 56°46'49"Fast along a line parallel with and 15.00 feet Southeasterly of,as measured at a
right angle to the South ROW line of the Colorado and Southern Railroad,a distance of 628.17 feet;
THENCE South 32040'16"East a distance of 140.84 feet;
THENCE South 09025'03"East a distance of 120.55 feet;
THENCE South 33013'11"East a distance of 372.14 feet;
THENCE South 21052'48"East a distance of 65.00 feet;
THENCE North 68*06*48"East a distance of 301.84 feet to the West line of the Linden Tech Center and
the POINT OF TERMINATION.Said point of termination bears North 00016'34"East a distance of
I t6.45 feet from the SW comer of said Linden Tech Center.
It is the intent of this description that the sidelines of the described easement be prolonged or shortened to
begin on the East line of that parcel of land described in a deed recorded January 17,2003 as Reception No.
2003006605 of the Records of Lorimer County and terminate on the West line of said Linden Tech Center.
Said waterline easement contains 1.122 acres,more or leas(t),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 Two(2)temporary construction easements.One will adjoin to
the Northerly sideline of said permanent waterline easement in the vicinity of the Cache La Poudre River
crossing,and the sidelines of this temporary construction easements are prolonged or shortened to begin on
the Easterly line of the previously described permanent waterline easement and terminate on the Westerly
line of the Linden Tech Center and said temporary construction easement is 50.00 feet wide.The second
temporary construction easement is of variable width and adjoins to the Southerly and Westerly sidelines of
said permanent waterline easement,and is more particularly described as follows:
COMMENCING at the Northwest Corner of said Section 12 and assuming the West line of the Northwest
Quarter(N W I/4)of said Section 12 to bear South 00°06'49"West,a grid bearing of the Colorado State
Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 2656.73 feet with all
other bearings herein relative thereto;
THENCE South 00°06'49"West a distance.of 1172.15 feet to the Southerly Right of Way(ROW)line of
the Colorado and Southern Railroad;
THENCE North 56046'49"East along said Southerly ROW line a distance of 227.42 feet to the East line of
that parcel of land described in a deed recorded January 17,2003 as Reception No.2003006605 of the
Records of Lorimer County;
THENCE South 00°06'49"West along said East line a distance of 35,90 to the TRUE POINT OF
BEGINNING;
THENCE North 56°46'49"East along a line parallel with and 30,00 feet Southeasterly of,as measured at a
right angle to the South ROW line of the Colorado and Southern Railroad,a distance of 622.89 feet;
THENCE South 32040'16"East a distance of 122.61 feet;
THENCE South 09°25'03"East a distance of 120.62 feet; q
THENCE South 33013'11"East a distance of 373.81 feet;
M.�004371V.eGALS a CWSURESI TY OF Fr COLLINS(12-749).doc Page I of 2
nn/l?9/Lneu nO:le O/UOOOJac1 nuvv o�rcvcivrta uw �«vc ooi o•
THENCE South 21°52'48"East a distance of 78.51 feet;
THENCE North 68006'48"East a distance of 310.73 feet to the West line of the Linden Tech Center;
THENCE South 00°16'34"West along said West line a distance of 53.99 feet;
THENCE South 68006'48"West a distance of 236.08 feet;
THENCE North 81037'1 t"West a distance of 120.74 feet;
THENCE North 21°52'48"West a distance of 62.70 feet;
THENCE North 33013'11"West a distance of 379.38 feet;
THENCE North 09025*03"West a distance of 120.87 feet;
THENCE North 32040'16"West a distance of 61.84 feet;
THENCE South 56046'49"West along a line parallel with and 80.00 feet Southeasterly of,as measured at a
right angle to the South ROW line of the Colorado and Southern Railroad,a distance of 605.30 feet to the
East line of that parcel of land described in a deed recorded January 17,2003 as Reception No.2003006605
of the Records of Larimer County;
THENCE North 00006149"East along said East line a distance of 59.85 feet;
The Two(2)temporary construction easements contain a total of 2.146 acres,more or less(t),and are
subject to any rights-of-way or other easements of record or as now existing on said described parcels of
land.
SURVEYOR'S CERTIFICATE
I,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking,and that it is true and correct to the
best of my knowledge and belief.
Steven A.Lund—on behalf of King Surveyors,Inc.
Colorado Registered Professional j
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
M:V00437MEGALSRCLOSUREMCIIY OF nCOLLINS(12-7-60).d PMQ2 0r2
09/g9/2004 09:18 9706865821 KING 5URVEYUK5 INC PAGE 04/04
30' WATERLINE EASEMENT EXHIBIT A AOFART
SECTION RT WEST
QUART
P.O.T.
Al R> UNDEVTACf10EA7PR
_ _SOO.16'34"W 116.45' _
100 50 0 100 �— �53•e9'
\ SOUTHEAST CORNEF
\/ 7� OF 2 T.7 .. R.6
1"= 100' SEC. o2' T.7N., finder
�• �g SW Cornar of Linder
LINE TABLE `qy\� a1y J�� Tech Center
LINE LENGTH \v I
L2 S21'52'48"E 1 \. r�\%
L3 6' 35.9 ' / i'Iy�e� \N
L6 N 1'S ' 7
W 61,64*
LB NOO'06' " 59.85'
GPGOOIL
69
'• 111 695
j6
pO E g
I120.
So
vl
",%y-
� \ `60
P.O.B. WATER EASEMENT
P.O.B. TEMP. CONSTRUCTION EASEMENT I
L6 I
L3
\ R6L AV xnJ~S
'c"\ 'AVUARYJ7,ZO
e•�
I
•'91 SOUTHWEST CORNER
% OF NWI/4 NWI/4
tNORTHWEST
SECTION 12, T.7N., R.69W.
1172.15' �• •- 158.22' �. 1328.3T
S00.06'49"W (BASIS OF BEARING) 2656.73'
CORNER WEST QUARTER CORNER
SECTION 12, T.7N., R.69W. SECTION 12• T.7N., R.69W.
RING SIIRY�'YORS, INC. PROJECT NO:2004371
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE: -04
8— RTH WELD WATER I
PHONE: (970) 686-5011 FAX: (970) 686-5821 CUENT:
WWW.KINGSURVEYORS.COM DWG:200437 WELD
DRAWN:CSK CHENECKEDsS
00/31,/2004 15:26 9706865521 KING SURVEYORS ING PAGE 041ff
PROPERTY DESCRIPTION
Exhibit A
City of Fort Collins—Linden Tech Center
Waterline Easement
A parcel of land located in the Southwesterly portion of the Linden Tech Center and being a part of the
Northwest Quarter(NW I/4)of Section Twelve(12),Township Seven North(T.7N.),Range Sixty-nine
West(R.69W.),Sixth Principal Meridian(61h P.M.),City of Fort Collins,County of Larimer,State of
Colorado,being dedicated as a 30.00 foot wide waterline easement,the centerline of said easement more
particularly described as follows:
COMMENCING at the Southwest Comer of said Linden Tech Center and assuming the West line of the
Linden Tech Center to bear North 00016'34"East,a grid bearing of the Colorado State Plane Coordinate
System,North Zone,North American Datum 1983/92,a distance of 1052.70 feet with all other bearings
herein relative thereto;
THENCE North 00016'34"East along the West line of said Linden Tech Center a distance of 116.45 to the
TRUE POINT OF BEGINNING;
THENCE North 68e06'48"East a distance of 48.91 feet to the centerline of a 20.00 foot wide utility
easement dedicated in the plat of said Linden Tech Center;
THENCE North 87e49'14"East along the centerline of said utility easement a distance of 42.00 feet to the
Easterly line of that parcel of land described in a deed recorded July 13, 1990 as Reception No.90030336 of
the Records of Larimer County and the POINT OF TERMINATION.Said point of termination bears
North 24005'22"West a distance of 150.03 feet from the SE corner of said parcel described in Reception
No.90030336.
It is the intent of this description that the sidelines of the described easement be prolonged or shortened to
begin on the West line of said Linden Tech Center and terminate on the Easterly line of that parcel of land
described in a deed recorded July 13, 1990 as Reception No.90030336 of the Records of Larimer County.
Said waterline easement contains 0.063 acres,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.
Said waterline easement will be benefited by temporary construction easements 50.00 feet wide adjoining to
the Northerly and Southerly sidelines of said permanent waterline easement,the sidelines of the temporary
construction easements are prolonged or shortened to begin on the West line of said Linden Tech Center and
terminate on the Easterly line of that parcel of land described in a deed recorded July 13,1990 as Reception
No.90030336 of the Records of Larimer County.
The Two(2)temporary construction easements contain a total of 0.209 acres,more or less(t),and are
subject to any rights-of-way or other easements of record or as now existing on said described parcels of
land.
SURVEYOR'S CERTIFICATE
1,Steven A.Lund,a Colorado Registered Professional Land Surve reby state that this Property
Description was prepared under my personal supervision and c that it is true and correct to the
best of my knowledge and belief (\;
0
Steven A.Lund—on behalf ofA
g (qffrs,Inc.
Colorado Registered Professions
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)686-5011
M:@0"371 LEOAL4!CLOSVREa1CITY OF Pf COLLINS-Linden Tmh(12.7-69).doe NV 1 of 1
08/31/2004 15:26 9706865821 KING SURVEYORS INC PAGE 05/01
ES QUARTE
RHT
30' WATERLINE EASEMENT EXHIBIT A AOF SECTION PART OF012, T.7NT, R.69W.
n
40 20 0 40
h � 8
o �
1"m 40'
V
U
N
� N
/ CENORN�NCRAT5R
Sp' TEMPORARY
M m C ONT RUCT
EXSEMEN T
O �— —� _—_____—
______
N87'4994'E p O.T. 10'Ua/iryE.xmr rr
42.00' C• ftrG'"Ge^1ke/i Ct�'ru
- N8H'-A8A1-----------
\ P.0.B.
50' TEMPORARY 4
EASEMEN ON '+�
O3:ONSTRUC'n :
GTrOF"TcML/NS
Rc..Na"..Wld'
1D
c'
9�
P.0.C
SOUTHWEST CORNER
OF NWI/4 NWI/4
0G SEC. 12. T.7N., R.69W.
\ C SW\ TECH CO
ENTER RNER OF LINDEN
RING Sb5BVAs'YORS, INC. PROJECT NO:2004371
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE:B-31-04
PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT:NORTH WELD WATER DI
WWW.KINGSURVEYORS.COM DWG:2004371 EXH
DRAWN:CSK CHECKED:S/
ORDINANCE NO . 140 , 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT INTERESTS
FOR THE RELOCATION OF A WATERLINE
BY THE NORTH WELD COUNTY WATER DISTRICT
TO A NEW LOCATION ON
THE NORTHSIDE AZTLAN COMMUNITY CENTER PROPERTY
WHEREAS , the City of Fort Collins owns certain real property located in the city and in
Larimer County, Colorado, known as the Northside Aztlan Community Center property (the
"Aztlan Property"); and
WHEREAS , the main water transmission line of the North Weld County Water District
("North Weld") is located within the south bank of the Cache La Poudre River along the Aztlan
Property, and the City granted to North Weld in 1964 a right-of-way easement for the waterline,
which easement was recorded on August 7 , 1970, at Reception No . 984490 (the "Existing
Easement") ; and
WHEREAS , in connection with the proposed implementation of environmental cleanup
activities in the vicinity of the Aztlan Property, North Weld has been asked to relocate its
existing waterline from its current location along the south bank of the Cache La Poudre River to
a location further south on the Aztlan Property; and
WHEREAS , in order to install the waterline, North Weld has requested a nonexclusive
temporary construction easement for three months and a 30-foot wide permanent nonexclusive
easement on and under the Aztlan Property, in the location on the Aztlan Property described and
shown on Exhibit "A", attached hereto, consisting of 2 3 pages and incorporated herein by this
reference (the "Temporary Construction Easement" and the "Permanent Easement" ,
respectively) ; and
WHEREAS , in exchange for the grant of the Temporary Construction Easement and the
Permanent Easement, North Weld has agreed to vacate the Existing Easement no later than 30
days after completion of the relocation of the waterline; and
WHEREAS , City staff has reviewed the location of the proposed Temporary
Construction Easement and Permanent Easement, and has determined that the new waterline
location will not significantly impact or impair the City's expected use or future development of
the Aztlan Property; and
WHEREAS , City staff has made an approximate value finding for the easements, and has
found the value of the easements to total approximately $ 150,000$263 , 100 ; and
WHEREAS , in view of the anticipated benefits to the City and to the general public of
the environmental cleanup activities that are proposed to occur near and on the Aztlan Property,
which will be facilitated by the relocation of the waterline easements authorized hereunder, City
staff has recommended that the City not require the payment of consideration for the easements
authorized hereunder; and
WHEREAS , as a condition of the Temporary Construction Easement and the Permanent
Easement, regarding, reseeding and other restoration of the areas disturbed by the installation of
the waterline will be required; 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 will be 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 not inconsistent with this Ordinance 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 7th day of
September, A.D . 2004, and to be presented for final passage on the 21 st day of September, A.D .
2004.
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading this 21 st day of September, A.D . 2004.
Mayor
ATTEST :
City Clerk
09/S9/2004 09:18 9706865821 KING SURVEYORS INC PAGE 02/0,
PROPERTY DESCRIPTION
Exhibit A
City of Fort Collins
Waterline Easement and Temporary Construction Easements
A parcel of land being a part of the Northwest Quarter(NW I/4)of Section Twelve(12),Township Seven
North(T.7N.),Range Sixty-nine West(R.69W.),Sixth Principal Meridian(6ib P.M.),City of Fort Collins,
County of Lorimer,State of Colorado,being dedicated as a 30.00 foot wide waterline easement,the
centerline of said easement more particularly described as follows:
COMMENCING at the Northwest Comer of said Section 12 and assuming the West line of the Northwest
Quarter(NW l/4)of said Section 12 to bear South 00006'49"West,a grid bearing of the Colorado State
Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 2656.73 feet with all
other bearings herein relative thereto;
THENCE South 00006'49"West a distance of 1172.15 feet to the Southerly Right of Way(ROW)line of
the Colorado and Southern Railroad;
THENCE North 56046'49"East along said Southerly ROW line a distance of 227.42 feet to the East line of
that parcel of land described in a deed recorded January 17,2003 as Reception No.2003006605 of the
Records of Lorimer County;
THENCE South 00006'49"West along said East line a distance of 17.95 to the TRUE POINT OF
BEGINNING;
THENCE North 56046'49"East along a line parallel with and 15.00 feet Southeasterly of,as measured at a
right angle to the South ROW line of the Colorado and Southern Railroad,a distance of 628.17 feet;
THENCE South 32040'16"East a distance of 140.84 feet;
THENCE South 09025'03"East a distance of 120,55 feet;
THENCE South 33013'11"East a distance of 372.14 feet;
THENCE South 21052'48"East a distance of 65.00 feet;
THENCE North 68006'48"East a distance of 301.84 feet to the West line of the Linden Tech Center and
the POINT OF TERMINATION.Said point of termination bears North 00016*34"East a distance of
116.45 feet from the SW comer of said Linden Tech Center.
It is the intent of this description that the sidelines of the described easement be prolonged or shortened to
begin on the East line of that parcel of land described in a deed recorded January 17,2003 as Reception No.
2003006605 of the Records of Latimer County and terminate on the West line of said Linden Tech Center.
Said waterline easement contains 1.122 acres,more or leas(t),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 Two(2)temporary construction easements.One will adjoin to
the Northerly sideline of said permanent waterline easement in the vicinity of the Cache La Poudre River
crossing,and the sidelines of this temporary construction easements are prolonged or shortened to begin on
the Easterly line of the previously described permanent waterline easement and terminate on the Westerly
line of the Linden Tech Center and said temporary construction easement is 50.00 feet wide.The second
temporary construction easement is of variable width and adjoins to the Southerly and Westerly sidelines of
said permanent waterline easemen4 and is more particularly described as follows:
COMMENCING at the Northwest Corner of said Section 12 and assuming the West line of the Northwest
Quarter(NW i/4)of said Section 12 to bear South 00006'49"West,a grid bearing of the Colorado State
Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 2656,73 feet with all
other bearings herein relative thereto;
THENCE South 00006'49"West a distance.of It 72.15 feet to the Southerly Right of Way(ROW)line of
the Colorado and Southern Railroad;
THENCE North 56046'49"East along said Southerly ROW line a distance of 227.42 feet to the East line of
that parcel of land described in a deed recorded January 17,2003 as Reception No.2003006605 of the
Records of Larimer County;
THENCE South 00006'49"West along said East line a distance of 35.90 to the TRUE POINT OF
BEGINNING;
THENCE North 56046'49"East along a line parallel with and 30.00 feet Southeasterly of,as measured at a
right angle to the South ROW line of the Colorado and Southern Railroad,a distance of 622.89 feet;
THENCE South 32040'16"East a distance of 122.61 feet;
THENCE South 09025'03"East a distance of 120.62 feet; q
THENCE South 33013'11"East a distance of 373.81 feet; vf I�CII
1 �
M'Ur 371VaGALS a.CLOSURtuu OFF COLUNS(1I-749).dm Pagr 1 or2
Ub/Ub/ZUU4 Ub:lb b'UbbbndZl K1NU DUKVtTUKS 1NU YAUt UJ/Ul
THENCE South 21°52'48"East a distance of 78,51 feet;
THENCE North 68*06*48"East a distance of 310.73 feet to the West line of the Linden Tech Center;
THENCE South 00*16'34"West along said West line a distance of 53.99 feet;
THENCE South 68006'48"West a distance of 236.08 feet;
THENCE North 81°37'I l"West a distance of 120.74 feet;
THENCE North 21°52'48"West a distance of 62.70 feet;
THENCE North 33°13'11"West a distance of 379.38 feet;
THENCE North 09'25'03"West a distance of 120.87 feet;
THENCE North 32040'16"West a distance of 61.84 feet;
THENCE South 56°46'49"West along a line parallel with and 80.00 feet Southeasterly of,as measured at a
right angle to the South ROW line of the Colorado and Southern Railroad,a distance of 605.30 feet to the
East line of that parcel of land described in a deed recorded January 17,2003 as Reception No.2003006605
of the Records of Larimer County;
THENCE North 00006'49"East along said East line a distance of 59.85 feet;
The Two(2)temporary construction easements contain a total of 2.146 acres,more or less(t),and are
subject to any rights-of-way or other easements of record or as now existing on said described parcels of
land.
SURVEYOR'S CERTIFICATE
1,Steven A.Lund,a Colorado Registered Professional Land Surveyor do hereby state that this Property
Description was prepared under my personal supervision and checking,and that it is true and correct to the
best of my knowledge and belief.
Steven A.Lund—on behalf of King Surveyors,Inc. �
Colorado Registered Professional
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 90550
(970)686-5011
M:VO01371U.EOALSaCLOSURES\CITYOF"COLLINS(12-7-69).Ax Pw2ef2
uwp/Loo4 n7:iu 7lvcobom4l ntr,u SUKVLYUK< IN, r.= ovior
THWEST
RT
30' WATERLINE EASEMENT EXHIBIT A AOFASECTION 0 2, T.7N.,QUART
R.69V
P.O.T.
uNoIVTECEC6A7FR /•
_ _S00'16'34"W 116.45' _
100 50 0 100
SOUTHEAST CORNEF
OF NWI/4 .. R.6
1"= 100' � SEC. 12, T.7N., R.89'
\ A SIN Comer of Linder
LINE TABLE �}r•'� \ �oZ J�I Tech Center
LINE BEARING LENGTH
L1 "W 17.95'
L2 2 'S '4
L4 1' '4 ' 7 . ' RL
L7 "W 61, 4• / �(•. r i \ 7
LB O'O6'4 ' .85' /sQpbO
Y'
CPC / Jd`Jxfit
1d�8�oa PO
?OR
E J /
/ 120.
i 63 / �W R
:y �yKso� ` •` '� to
,'20.67 �� a I of
P.O.B. WATER EASEMENT
` P.O.B. TEMP. CONSTRUCTION EASEMENT I
Le
L3
\ REC AV"MOfe0J
'i\ AAXUARY/7,X0
r�
I
'g SOUF NTHWW 1/4
EST CNWI/4
ORNER
,y O
'P.O.C. — — — SECTION 12�T.7N.• R.69W.
1172.15' �• 156.22' �• 13=8.3T
SOO.06'49"W (BASIS OF BEARING) 1656.73'
NORTHWEST CORNER g
SECTION 12, T.7N., R.69W. WEST UARTER CORNERSEC71ON 12, T.7N.• R.69W.
A.Zffig SPRYAfrYORS, INC. PROJECT NO:2004371
9299 EASTMAN PARK DRIVE. WINDSOR, CO 80550 DATE:8-31-04
PHONE: (970) 686-5011 FAX: (970) 686-5821 CLIENT:NORTH WELD WATER I.
WWW.KINGSURVEYORS.COM DWG:2004371 EXH
DRAWN:CSK CHECKED:S.
ITEM NUMBER: 26
AGENDA ITEM SUMMARY DATE: September 7, 2004
FORT COLLINS CITY COUNCIL STAFF: Greg Byrne
Ralph Campano
SUBJECT
First Reading of Ordinance No. 140,2004,Authorizing the Conveyance of Nonexclusive Easement
Interests for the Relocation of rh th d my Water District to a New
Location on the Northside Az Co nity n e
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
Staff is recommending that thCrkin
c ge sa n t easements,in order to facilitate
the environmental cleanupa alon t dre ver. The value finding for the
easements, if the City were c e ti for the is an estimated total of $150,000
($120,000 for the permanent easement and 0,000 for the temporary easement).
EXECUTIVE SUMMARY
The relocation of an existing North Weld County Water District water line currently in the south
bank of the River to the south away from the River and work area has been proposed to facilitate
environmental cleanup efforts c t y b ' 1P
or-along Poudre River adjacent to the
Northside Aztlan Community nter r rty. a w e water line relocation to occur,
the City has been asked to gr t a pe ent e ler th ew waterline location across the
Aztlan Center property, and to t to or tion sement for the relocation work.
BACKGROUND
City staff has worked with North Weld County Water District to propose a new location on the
Aztlan Center property for the Water District's water line,and it is not anticipated that the water line,
in the proposed new location, will interfere with or impair the City's planned use or planned
development of the property. The new location for the water line will be an improvement over the
current water line location, because the potential for erosion and instability will be reduced, and
because the Water District will be able to replace the existing pipe with bigger, newer water pipe.
September 7, 2004 -2- Item No. 26
The relocation of the water line is part of the critical path for cleanup activities that are in the
process of being planned and designed by Xcel Energy's Colorado subsidiary, Public Service
Company of Colorado (PSCo)and will need to proceed in October in order to avoid potential delay
of work that is anticipated to occur late in 2004.
The Environmental Protection Agency(EPA), Region 8, has been negotiating with Xcel Energy's
Colorado subsidiary, Public Service Company of Colorado (PSCo), to plan and design
environmental cleanup activities to remove contaminated sediment and bedrock and to operate on
the site into the future to intercept subsurface contamination approaching the River. EPA has
proposed that PSCo,Schrader a h C s negotiate an Administrative
Order on Consent with EPA the St t f Col a th woIL If
locate responsibility for cleanup
costs and outline the parties'f re resp sibili s commi ents related to the environmental
condition of the River,the Aztl er y he gen a. While no formal agreement
has yet been reached, at this time it does not appear that the City will be required to share in the
direct costs of the cleanup, although continued City cooperation in facilitating the work has been
requested.
Public Service Company is currently at 60%completion of the design phase for the ongoing removal
and monitoring remedial action. The selected remedial action involves sediment/upper bedrock
removal over a stretch of river, a vertical physical containment,vertical hydraulic containment,and
a water treatment and discharges stem. The estimated cost for the clean-up and operation and
maintenance is $8 million. EQmeframl
r ide 1 n- y2eeting
tion and oversight during the
September 2004—April 2ZCity staff plans to provide the ci s Se ber with additional information
about the negotiations with EPA,PSCo and the other involved parties,and to request authorization
to proceed with easements that will be needed by PSCo to proceed with the remedial activities that
are in the process of being planned and designed at this time.
Public Outreach
An EPA Communications Strategy has been developed and includes a public open house,individual
stakeholder interviews, media c e, bl' of ion.