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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/07/2004 - SECOND READING OF ORDINANCE NO. 185, 2004, AUTHORI ITEM NUMBER: 14 AGENDA ITEM SUMMARY DATE: December7, 2004 FORT COLLINS CITY COUNCIL STAFF: Mark Sears/ Wally Cameron SUBJECT Second Reading of Ordinance No. 185, 2004, Authorizing the Conveyance of Non-Exclusive Easement Interests for the Construction of a Twenty-Two Foot Wide Drainage Channel for the Redeemer Lutheran Church of Fort Collins on a Portion of the Fossil Creek Reservoir Regional Open Space. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. The Natural Resources Advisory Board unanimously recommended approval at its regular meeting of November 3, 2004. EXECUTIVE SUMMARY Pursuant to the City of Fort Collins Natural Area and Open Lands Easement Policy adopted by Resolution 2001-094, Redeemer Lutheran Church, located about 600 feet west of the southwest corner of Timberline and Carpenter Roads, is requesting an easement for a drainage channel across the Fossil Creek Reservoir Regional Open Space jointly owned by City of Fort Collins and Latimer County. The 25-foot wide permanent easement will accommodate a 22-foot wide drainage channel that will be approximately 3-4 feet deep. The easement and channel will be located generally along the Union Pacific Railroad right-of-way for a distance of approximately 785 feet, with a total area of 19,248 square feet (0.44 acre). A 45-foot wide temporary construction easement necessary for the construction of the drainage channel will encompass the permanent drainage easement during the time of construction and reclamation, estimated to be no more than one year, and will be a total of 34,006 square feet (0.78 acre) in size. Ordinance No. 185, 2004, was unanimously adopted on First Reading on November 16, 2004. ORDINANCE NO. 185, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT INTERESTS FOR THE CONSTRUCTION OF A TWENTY-TWO FOOT WIDE DRAINAGE CHANNEL FOR THE REDEEMER LUTHERAN CHURCH OF FORT COLLINS ON A PORTION OF THE FOSSIL CREEK RESERVOIR REGIONAL OPEN SPACE WHEREAS, the City of Fort Collins and Larimer County jointly own certain parcels of real property located in Latimer County, Colorado, known as the Fossil Creek Reservoir Regional Open Space (the "Natural Area"); and WHEREAS, the Redeemer Lutheran Church of Fort Collins (the "Church") must provide a drainage channel to function as an outlet structure for a required detention pond located on the Redeemer Lutheran Church development site as part of its development proposal; and WHEREAS, in order to install the drainage channel, the Church has requested a 25-foot wide permanent easement and a 45-foot wide temporary construction easement over portions of the Natural Area, as described respectively in Exhibits "A" and `B", attached hereto and incorporated herein by this reference (the "Permanent Easement' and the "Temporary Construction Easement'); and WHEREAS, the Church has worked with City staff to coordinate the location of the proposed channel with plans for the future widening of Carpenter Road and to minimize disturbance to the Natural Area; and WHEREAS, City staff has negotiated with the Church a Temporary Construction Easement Agreement, a draft of which, dated October 26, 2004, 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, City staff has negotiated with the Church a Permanent Easement Agreement, a draft of which, dated October 26, 2004, is on file in the office of the City Clerk and available for public inspection (the "Permanent Easement Agreement'), and which includes specific conditions governing the operation, maintenance, and repair of the proposed drainage channel; and WHEREAS, in exchange for the grant of the Temporary Construction Easement and Permanent Easement, the Church has agreed to pay to the City the fair market value of such easements, which value has been determined to be $2,512; and WHEREAS, the Church has agreed to regrade and reseed the areas impacted by construction in accordance with City specifications and to pay to the City its costs for long-term revegetation management of impacted areas, and for administrative costs to the City associated with the processing and oversight of the easements, which have been determined to be $2,872; and WHEREAS, staff recommends approval of the Temporary Construction Easement and the Permanent Easement in view of the resource protection measures to which the Church has agreed; and WHEREAS, on November 3, 2004, the Natural Resources Advisory Board considered the proposed easements and recommended that the Council authorize the conveyance of them; 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 Permanent 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 16th day of November, A.D. 2004, and to be presented for final passage on the 7th day of December, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 7th day of December, A.D. 2004. Mayor ATTEST: City Clerk ITEM NUMBER: 22 AGENDA ITEM SUMMARY DATE: November 16, 2004 FORT COLLINS CITY COUNCIL STAFF: Mark Sears Wally Cameron SUBJECT First Reading of Ordinance No. 185, 2004, Authorizing the Conveyance of Non-Exclusive Easement Interests for the Construction of a Twenty-Two Foot Wide Drainage Channel for the Redeemer Lutheran Church of Fort Collins on a Portion of the Fossil Creek Reservoir Regional Open Space. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. The Natural Resources Advisory Board unanimously recommended approval at its regular meeting of November 3, 2004. EXECUTIVE SUMMARY Pursuant to the City of Fort in N(,),.11 d pe ds Easement Policy adopted by Resolution 2001-094, Redee Luthecated a ut 600 feet west of the southwest corner of Timberline and C for )toadesting a asement for a drainage channel across the Fossil Creek Reservoir Regional Open Space jointly owned by City of Fort Collins and Latimer County. The 25-foot wide permanent easement will accommodate a 22-foot wide drainage channel that will be approximately 3-4 feet deep. The easement and channel will be located generally along the Union Pacific Railroad right-of-way for a distance of approximately 785 feet, with a total area of 19,248 square feet (0.44 acre) (see Exhibit A). A 45-foot wide temporary construction easement necessary for the construction of the drainage channel will encompass the permanent drainage easement during the time of construction and reclamation, estimated to be no more than one year, and will be a total of 34,006 square feet (0.78 acre) in size (see Exhibit B). The requested permanent and temporary easements are necessary for the channel that will function as an outlet structure for a required detention pond located on the Redeemer Lutheran Church development site. Alte ati° (ddrina)soPti it he drainage flow north across Carpenter Road and into Foss CreeptlaAre ere discouraged by staff as this area was considered a mor sensitiwi T proposed drainage solution is considered to be of the least impaet"bus exis ng pipes and historical drainages under Carpenter and Timberline roads and the UPRR right-of-way. All disturbed areas related to the project will be revegetated or seeded and reclaimed by the applicant at its sole expense, and in accordance with Natural Areas General Resource Protection and Restoration Standards, and the applicant will compensate the City Natural Areas Program for future periodic maintenance of the channel within the easement. 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 will compensate the City Natural Areas Program in the amount of$5,384.