HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/04/2006 - SECOND READING OF ORDINANCE NO. 050, 2006, AUTHORI ITEM NUMBER: 11
AGENDA ITEM SUMMARY DATE: April 4, sons
FORT COLLINS CITY COUNCIL STAFF: John Stokes
SUBJECT
Second Reading of Ordinance No. 050, 2006, Authorizing the Conveyance of Non-exclusive
Easement Interests for the Construction of a Sanitary Sewer Line By the South Fort Collins
Sanitation District On a Portion of Fossil Creek Reservoir Regional Open Space.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading. The Land Conservation and
Stewardship Board unanimously recommended approval of the project at its March 8th meeting.
EXECUTIVE SUMMARY
The South Fort Collins Sanitation District wishes to acquire a permanent right-of-way as well as
temporary construction easements in order to install, maintain, and repair a sanitary sewer line on
the Fossil Creek Reservoir Regional Open Space. The new sanitary sewer and related easements will
parallel an existing right-of-way and sewer line that the District currently maintains on the property.
The new sewer line will replace the existing sewer line which is not capable of providing adequate
service. This Ordinance, which was unanimously adopted on First Reading on March 21, 2006,
authorizes the conveyance of non-exclusive easement interests to the South Fort Collins Sanitation
District.
ITEM NUMBER: 15
AGENDA ITEM SUMMARY DATE: March 21, 2006
FORT COLLINS CITY COUNCIL STAFF: John Stokes
SUBJECT
First Reading of Ordinance No. 050, 2006, Authorizing the Conveyance of Non-exclusive
Easement Interests for the Construction of a Sanitary Sewer Line By the South Fort Collins
Sanitation District On a Portion of Fossil Creek Reservoir Regional Open Space.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading. The Land Conservation and
Stewardship Board unanimously recommended approval of the project at its March 8th meeting.
FINANCIAL IMPACT
Fossil Creek Regional OpenCh ,
Onfir
ty of Fort Collins and Larimer
County and each entity is entee pro ds from any sale of an interest in
land. Total proceeds from m appraisal, will be $57,500. In
addition, the District will pay an additional $14,720 for restoration of the surface to its natural
condition after the construction of the sewer line.
EXECUTIVE SUMMARY
The South Fort Collins Sanitation District wishes to acquire a permanent right-of-way as well as
temporary construction easements in order to install, maintain, and repair a sanitary sewer line
on the Fossil Creek Reservoir Regional Open Space. The new sanitary sewer and related
easements will parallel an existing right-of-way and sewer line that the District currently
maintains on the property. The new sewer line will replace the existing sewer line which is not
capable of providing adequate service.
BACKGROUND C, P
i y
The South Fort Collins Sanitation District is located near the southwest corner of the Fossil
Creek Regional Open Space. The District wishes to acquire a new right-of-way and temporary
construction easements along a line that approximately runs west to east along the south shore of
Fossil Creek Reservoir and that then turns to the southeast and runs out to State Highway 392
(see attached aerial photo). The new line will service infrastructure on the east side of I-25 and
replace an existing sewer line. The total acreage affected by the permanent right-of-way is 4.465
acres. The District is compensating the County and City (joint owners of the property) in the
March 21, 2006 -2- Item No. 15
amount of$57,500. The District also will pay the parties an additional $14,720 for restoration of
the surface to native plant materials. The County and City will be responsible for this
restoration. Construction of the new line will not be permitted from November 15 thru March 15
in order to prevent any possible ' ba s , in the area. The District and
the County (the managing a of ope p e) it ely coordinate to minimize the
impacts to visitors. There m be bri erio ime wh it will be necessary to close the
visitor center to ensure visito m Con ction is expected to begin this
summer and to be completed in advance of November 15th.
ORDINANCE NO. 050, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT INTERESTS
FOR THE CONSTRUCTION OF A SANITARY SEWER LINE
BY THE SOUTH FORT COLLINS SANITATION DISTRICT
ON A PORTION OF FOSSIL CREEK RESERVOIR REGIONAL OPEN SPACE
WHEREAS, the City of Fort Collins owns jointly with Larimer County certain real property
located in Larimer County, Colorado, known as the Fossil Creek Reservoir Regional Open Space
(the"Open Space"); and
WHEREAS, the South Fort Collins Sanitation District (the "District") has requested
easements required for the construction of a new sanitary sewer line to provide service to properties
to the east of Interstate 25,including facilities owned by Larimer County and known as"The Ranch";
and
WHEREAS, in order to install the sewer line, the District has requested a non-exclusive
temporary construction easement over portions of the Open Space, as described on Exhibit "A",
attached hereto and incorporated herein by this reference(the"Temporary Construction Easements");
and
WHEREAS, the District has further requested a non-exclusive permanent easement over
portions of the Open Space,as described in Exhibit"B",attached hereto and incorporated herein by
this reference(the"Permanent Easements"), in order to provide for ongoing operation,maintenance
and access to the sewer line, in perpetuity; and
WHEREAS,City staff has negotiated with the District a form of Easement Agreement, dated
March 15, 2006, which is on file in the office of the City Clerk and available for public inspection
(the "Easement Agreement"), and which includes specific conditions governing the operation,
maintenance, and repair of the proposed sewer line; and
WHEREAS, in exchange for the grant of the Temporary Construction Easements and
Permanent Easements, the District has agreed to pay to the City and the County a total of fifty
percent of the fair market value of the real property where the Easements will be situated, in the
amount of$57,500; and
WHEREAS, the District has agreed to regrade the areas impacted by construction in
accordance with industry standards,and to pay to the City and the County the amount of$14,720 to
cover the costs of revegetation of the disturbed areas of the Open Space; and
WHEREAS,staff recommends approval of the Temporary Construction Easements and the
Permanent Easements in view of the public needs to be served by the District's project, and the
resource protection measures to which the District has agreed; 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 Easements and the
Permanent Easements, upon the terms and conditions described above, is in the best interest of the
City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute easement agreements
consistent with this Ordinance for the purpose of conveying to the District the Temporary
Construction Easements and Permanent Easements,in substantially the form of the above-referenced
Easement Agreement,with such additional terms and conditions,including any necessary corrections
to the legal descriptions thereon that do not result in a material increase or change in character of the
intended easement areas,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 21st day of
March, A.D. 2006, and to be presented for final passage on the 4th day of April, A.D. 2006.
Mayo
ATTEST:
City Clerk
Passed and adopted on final reading on the 4th day of April, A.D. 2006.
Mayor
ATTEST:
City Clerk