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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 08/15/2000 - FIRST READING OF ORDINANCE NO. 113, 2000, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 39 i DATE: August 15,2000 FORT COLLINS CITY COUNCIL STAFF: Tom Shoemaker SUBJECT: First Reading of Ordinance No. 113, 2000, Authorizing the Conveyance of Non-exclusive Easement Interests For the Construction of an Offsite Sewer Line Related to the Linden Park Development in Fossil Creek Wetlands Natural Area . RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. _1II FINANCIAL IMPACT: f The developer of the Linden Park project will be responsible for all costs associated with the construction of the sewer line and restoration of disturbed areas. The developer has agreed to pay a total of $6,413 as compensation for the temporary construction easement and the permanent easement. This value was determined by the City's Right-of-Way Agent. 1 EXECUTIVE SUMMARY: The City of Fort Collins purchased the parcels of land now known as Fossil Creek Wetlands Natural Area in 1995. The northern portion of the property contains an existing sewer line, which provides service to portions of southeast Fort Collins. The proposed easements would allow the construction of a new sewer line to connect newly developing areas in southeast Fort Collins to the existing sewer line. BACKGROUND: TM ONE, LLC, a Colorado limited liability corporation is the contract purchaser of a 37.30 acre tract of land located in southeast Fort Collins, north of Trilby Road and west of Timberline Road. TM ONE has proposed development of a 201-unit single family residential project known j as Linden Park. The development proposal has received preliminary approval and is scheduled for final approval in September of this year. As a condition of its approval for the Linden Park development, TM ONE is required to obtain easements and right-of-way for the installation of a sanitary sewer line for the collection and service of sanitary sewer and wastewater to the proposed development and other nearby areas that will develop in the future. TM ONE has requested a 100-foot wide temporary construction DATE: August 15, 2000 2 ITEM NUMBER: 39 easement and a 20-foot permanent easement. TM ONE is required to design and construct the sewer line connection to the existing sewer line, and following completion, turn the improvements and easements over to the South Fort Collins Sanitation District. TM ONE has worked with Natural Resources staff to locate the proposed easement in a way that minimizes disturbance of the site. The sewer line would be installed within an existing, disturbed dirt roadway that provides access to a pump station located on the natural area. In total, a maximum of 2.74 acres of land may be disturbed during the construction activity. TM ONE has also agreed to all recommendations made by Natural Resources staff regarding resource protection during construction and restoration of the property following construction. These measures include the following: • A specific access plan to assure construction activity only in designated areas. • Survey of prairie dog burrows to determine occupancy and removal or fumigation of prairie dogs in accordance with the City's policy for management of prairie dogs in City natural areas. • Erosion control plan. • Construction timing to avoid periods of time when sensitive wintering birds of prey or nesting burrowing owls are present. • Removal and replacement of shrubs, trees, and raptor perch poles previously installed by the City. • Posting of signs explaining the purpose for the sewer line installation. • Segregation of topsoil from disturbed areas. • Reseeding of disturbed areas per Natural Resources specifications and monitoring and warranting of revegetation success. • Placement of manholes below grade so that they are not visible following construction. • Limitation on the length of exposed trench open at any one time to limit the potential for resource damage due to heavy moisture events. • Restricting the duration of the construction process to a week or less. With these resource protection measures in place, staff recommends approval of the proposed easements. The new sewer line will connect to an existing sewer line that was in place for many years prior to the City's acquisition of the site. The sewer line location will not disturb any sensitive vegetation and will not occur during periods of the year when especially sensitive wildlife species are present on the site. The construction will create a short-term disturbance to the natural area, but will not harm the areas public values over the long-term. This specific easement was not reviewed with the Natural Resources Advisory Board because the Board recently recommended to Council that new easements not be granted across public natural areas until Council has adopted an overall policy regarding the location of easements. ORDINANCE NO. 113, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT INTERESTS FOR THE CONSTRUCTION OF AN OFFSITE SEWER LINE RELATED TO THE LINDEN PARK DEVELOPMENT IN FOSSIL CREEK WETLANDS NATURAL AREA WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property located in Larimer County, Colorado, known as the Fossil Creek Wetlands Natural Area ("the Natural Area"); and WHEREAS,as a condition of its approval for the Linden Park Development,the Developer, TM ONE, LLC, is required to obtain easements and rights-of-way for the installation of a sanitary sewer line for the collection and service of sanitary sewer and wastewater to the Development and other nearby areas to be developed in the future; and WHEREAS, in order to install the sanitary sewer line, the Developer has requested a 100- foot wide temporary construction easement and a 20-foot wide permanent sewer line easement,over portions of the Natural Area as described respectively in Exhibits"A"and`B",attached hereto and incorporated herein by this reference(the"Temporary Construction Easement"and the"Permanent Easement"); and WHEREAS, the Developer has worked with City staff to locate and plan the construction of the proposed sewer line in order to minimize disturbance to the Natural Area,and has negotiated an Temporary Construction Easement Agreement conveying the Temporary Construction Easement to TM ONE,LLC, a draft of which, dated August 11, 2000,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 timing and extent of construction activities, and site reclamation requirements; and WHEREAS,the South Fort Collins Sanitation District(the"District")has worked with City staff to negotiate an Easement Agreement conveying the Permanent Easement to the District,a draft of which, dated August 11, 2000, is on file in the office of the City Clerk and available for public inspection(the"Easement Agreement"),which includes specific conditions governing the ongoing operation, maintenance and repair of the proposed sewer line; and WHEREAS, in exchange for the grant of the Temporary Construction Easement and the Permanent Easement, the Developer has agreed to pay to the City the fair market value of those Easements, which staff has determined to be $6,413; and WHEREAS, staff recommends approval of the Temporary Construction Easement and the Permanent Easement in view of the resource protection measures to which the Developer and the District have agreed, and because any resulting disturbance will be minor and short-term, and will not affect sensitive vegetation or sensitive wildlife species; 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 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 15th day of August,A.D. 2000, and to be presented for final passage on the 5th day of September, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of September, A.D. 2000. Mayor ATTEST: City Clerk . EXHIBIT A PAGE 1 OF 2 CITY OF FORT COLLINS CONSTRUCTION EASEMENT A 100' WIDE TEMPORARY CONSTRUCTION EASEMENT LOCATED IN THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, T6N, R68W; AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 7 TO BEAR S89-01'00"W, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID NORTH LINE OF SECTION 18 S89-01'00"W, 1922.59 FEET; THENCE S00°59'00"E, 30.00 FEET TO THE POINT OF BEGINNING; THENCE S02°00'58"E, 1045.07 FEET ALONG THE WEST LINE OF PARAGON ESTATES; THENCE S83007'40"E, 70.76 FEET ALONG THE SOUTHWEST LINE OF PARAGON ESTATES; THENCE S62026'51"W, 227.23 FEET TO THE NORTHEASTERLY LINE OF THE EXISTING SANITARY SEWER EASEMENT AS DESCRIBED IN BOOK 1714, PAGE 440; THENCE N27033'13"W, 100.00 FEET ALONG SAID EXISTING SEWER • EASEMENT; THENCE N62°26'51"E, 86.70 FEET; THENCE N02000'58"W, 1028.16 FEET PARALLEL WITH AND 100 FEET WEST OF THE WEST LINE OF PARAGON ESTATES THENCE N89001'00"E, 100.02 FEET TO THE TRUE POINT OF BEGINNING. SAID EASEMENT CONTAINS 2.74 ACRES MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS AND RIGHTS OF WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. SURVEYOR'S STATEMENT I, Robert L. Hahn, a licensed land surveyor in the State of Colorado, do hereby state for and on behalf of TST, Inc. Consulting Engineers, that this Legal Description and Exhibit accurately represent the results of a survey made under my responsible charge and prepared in accordance with applicable laws of the State of Colorado at the time of this survey, to the best of my knowledge, information and belief. zwt e�� ry ..M.w • 04 33 ' R L. Hahn, P.L.S. Date EXHIBIT A PAGE 2 C F 2 TEMPORARY CONSTRUCTION EA EMENT EXHIB+T CI OF FORT COLL NS I HAHNA ES SIBOMS/ON I POINT OF COMMENCEMENT N.E. CORNER LOT 5 LOT 4 LOT 3 LOT 2 SEC. 18, T6N, R68W N89'01'00"E S00'59'00E ----- 100.02' - 30.00, --------- ----- —- 1 BASS OF BEARINGS I+ 7WLBYROAO S89V7'00—W_—_1922.59' Jam/__ _ _ A� J0'EXsmw NORTH 1/4 �'O'PRp°os�D HALF R.0.w. CORNER SEC. 18 I POINT OF HALF R.0..w. MN, R68W ; BEGINNING I TRACT A LOT 18 N 60'PR7vA7E ACCE£S EA.SEt'NT R DRA7NALX EA.4 mr LOT 17 I Z N TRACT 8 100 0 100 200 N O aco a feet O 0 Di � m -----�``i TRACT D I PARAGON ESTA7ES PAW „ 4, , ,i\ I iii 1 IMtATI® co Ln 1` SDU7H FORT COLUNS SAA9TAAON D757R7CT 20'umlry L4"ENT TRACT C i\\ S83'07'34"E 70.78' LOT 9 N27'33'13"W 100.00' y26y3 LOT 8 , TST, INC. ca.w"e uaMwa l ii e/7/ea 'i EXHIBIT B PAGE 1 OF 2 CITY OF FORT COLLINS EASEMENT A UTILITY EASEMENT LOCATED IN THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 18, T6N, R68W; AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 18 TO BEAR S89°01'00"W, WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID NORTH LINE OF SECTION 18 S89001'00"W, 1943.61 FEET; THENCE S00°59'00"E 30.00 FEET TO THE POINT OF BEGINNING; THENCE N89001'00"E, 20.00 FEET; THENCE S02000'58"E, 1045.07 FEET ALONG THE WEST LINE OF PARAGON ESTATES; THENCE S62026'51"W, 168.86 FEET TO THE NORTHEASTERLY LINE OF THE EXISTING SANITARY SEWER EASEMENT AS DESCRIBED IN BOOK 1714, PAGE 440; THENCE N27033'09"W, 20.00 FEET ALONG SAID EXISTING SEWER EASEMENT; THENCE N62026'51"E, 156.25 FEET; THENCE N02000'58"W, 1032.82 FEET PARALLEL WITH THE WEST LINE OF PARAGON ESTATES TO THE TRUE POINT OF BEGINNING. SAID EASEMENT CONTAINS 0.55 ACRES MORE OR LESS AND IS SUBJECT TO ANY EASEMENTS AND RIGHTS OF WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. SURVEYOR'S STATEMENT I, Robert L. Hahn, a licensed land surveyor in the State of Colorado, do hereby state for and on behalf of TST, Inc. Consulting Engineers, that this Legal Description and Exhibit accurately represent the results of a survey made under my responsible charge and prepared in accordance with applicable laws of the State of Colorado at the time of this survey, to the best of my knowledge, information and belief. - gJ06 brrrrrer ` Ppo RE(3;N, yap �Qt"� J P/g 0 • �� ; RobeA L. Hahn, P.L.S. tDate • o s ``�r��NAI LAN�p��P• nrrruarun�� EXHIBIT B PAGE 2 CF2 UTIL11Y EASEMENT EXHIBIT cirr OF FORT COL INS HAHNA ES X&DIV/S/ON I POINT OF 1 COMMENCEMENT N.E. CORNER LOT 5 LOT 4 LOT 3 LOT 2 SEC. 18, T6N, —- R68W N89'01'00" SU"9'00E 20.00' ----- _ 30.00_ - -—-—-—-—-—- -—-—- BASIS OF BEARINGS - MLOy ROAD S89'01'D0'W 1943.61' $y NORTH 114 --�----- 50'PRa'OSED JO'EX/SI/NC HALF R.O.W. HALF R.O.W CORNER SEC. 18, POINT OF I T6N, R68W BEGINNING ' I i TRACT A LOT 18 N 60'PR/YATE ACCESS EASEMENT S DRA/NAGE EASENENr LOT 17 I z o I TRACT 8 O N ' 100 0 100 200 N p aerie i �2 teat O C ' Cn 0 Oi rn -----'�' TRACT D PARAWN ESTATES P.ULt UNKATW 1 � � \+ O O +`+ W A N N 0 + I SOUTH fo1v CLi'1/ S4AMTA RQV D/SA%Cr 20'ODUTY EA"ENT +++`+ i TRACT C + + ,`+ I LOT 9 20.00' 26 1 5 .�6g$ LOT B i+ i` + t`+ TST, INC. ' + e/7/ao . LINDEN PARK PROPOSED OFF-SITE N SANITARY SEWER i I a!Ih I`L jj o l . . . . . . .. � ; i . \ �•'• ' � ,•