HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/18/2006 - FIRST READING OF ORDINANCE NO. 111, 2006, AUTHORIZ .____.. . . .. . . . _ _
ITEM NUMBER: 23
AGENDA ITEM SUMMARY DATE: July ia, 200E
FORT COLLINS CITY COUNCIL STAFF: Daylan Figgs
Patrick Rowe
SUBJECT
First Reading of Ordinance No. 111, 2006, Authorizing the Conveyance of a Permanent, Non-
exclusive Underground Utility Easement and Multiple Temporary Construction Easements on City
Property to the Boxelder Sanitation District for the Purpose of Extending Regional Sanitary Sewer.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
By unanimous vote, the Land Conservation and Stewardship Board recommends approval of the
requested easements.
FINANCIAL IMPACT
The City will receive easement compensation of$34,780, the fair market value as determined by
Real Estate Services. Additionally, impacted areas will be restored to a condition comparable to
their condition prior to the work in the easement areas.
EXECUTIVE SUMMARY
The Boxelder Sanitation District is extending a regional sanitary sewer line to the east of its current
plant at the confluence of Boxelder Creek and the Cache La Poudre River. The sanitary sewer will
provide service to areas designated within the District's service area to the east of I-25. This
Ordinance authorizes the conveyance to the District of a permanent non-exclusive utility easement
and a temporary construction easement on a City-owned property that is part of the Timnath
Community Separator and a number of temporary easements on former Resource Recovery Farm
property and Archery Range Natural Area, all for the regional sewer line project.
BACKGROUND
On September 5, 1995, by Ordinance No. 179, 1994, the City granted Boxelder Sanitation District
a permanent utility easement over property formerly used as part of the Resource Recovery Farm
now managed by the Natural Areas Program to construct pipeline improvements on the west side
of I-25 to serve the District's area east of I-25. Presently,Boxelder is requesting an extension to this
sewer line alignment on the east side of I-25,across the south boundary of Natural Resource's recent
July 18, 2006 -2. Item No. 23
acquisition, the Vangbo property, a Fort Collins—Timnath Community Separator property.
Additionally, Boxelder is requesting temporary construction easements along the requested
permanent easement on the Vangbo property, and along the existing permanent easement, as well
as a temporary construction easement over the former Resource Recovery Farm in order to
temporarily divert water flows during construction. These alignments are shown in Exhibit"B"to
the Ordinance.
The pipeline alignments are generally located in the well of the Boxelder Basin and have been
located and sized to ensure service to the optimal number of property owners that are within the
District's service area while disturbing the least amount of property.
The proposed easements are not in areas that are considered ecologically sensitive. All impacts to
soil and vegetation can be easily restored. Vegetation along the proposed easement alignment
consists of smooth brome dominated pasture and idle cropland. Reclamation of the easement areas
will utilize grass mixes reflective of existing vegetation.
Z
0OLL
N
O
O
O
ClO F
z Q W
W LU
7
R
nZ� o
O
U
N
= mW
m z
�a
r
E
N
W
ry m
W V LL
C
R
lliiiif E
`v
N a
c
v Ec
a GQ j J W
J
_
W 2 W
C a'.
i
z ems'
Land Conservation & Stewardship Board
June 14, 2006
Page 6 of 11
Greg Snyder motioned to approve the KB Home 50' wide drainage easement from the
new platting for Province Town filing 3. Michelle Brown seconded the motion. The
board unanimously approved.
roved.
Daylan presented a serious of easements. Randy Sidens, District Engineer, presented the
Boxelder project speaking about various easements and how they tie back into Boxelder
Sanitation's master plan. Also presenting are Jeff Couch and Mike Noonan, both
engineers working on the project. The idea is to have the temporary easement there in
case of flooding during heavy rain. Pumps can be put in and divert water around while
the flood comes down. Construction of the easement will start September or October
2006.
• Stokes: When permit right-of-way is established on the south end of Banko, how does
that impact our ability to access that property off of the frontage road?
• Sidens: The practical thing would be for the owners to be granted a right-of-way
along the north side of Aries.
• Couch: Referring to the maps pointed out a 12' existing access easement along the
south side of the property. It's a perfect application for selling splitting 35s. All of the
connections are there for the water and sewer and the access already exists.
• Bertschy: What about future chances of coming back, capacity and expansion?
• Sidens: We're sizing this line at 30"and we fully believe this will handle...
• Noonan: It's 7.6M gallons a day and that's based on the currant Tinmath master plan.
And the densities in Larimer County which is one unit per 2.29 acres and in Weld
County we used one unit in 2 Y2 acres via septic tank. Those were the numbers we
used to calculate those flows. That's the current planning that exists now, it's fairly
rural.
Paul Hudnut motioned to recommend that Boxelder create the necessary easements. Greg
Snyder seconded the motion. The board unanimously approved the motion.
• Bertschy: Restoration and temporary easements therefore one year except one is a bit
longer, is that how it reads?
• Sidens: its 2 years.
• Bertschy: What's the restoration that's called for, with our policy?
• Figgs: We'll restore basically back to the vegetation that's there now; mainly pasture.
• Bertschy: Is there a longer term restoration, in other words are we charging them to
take care of that?
• Figgs: Yes, it's their choice whether to maintain it in perpetuity or pay.
Workplan
Bertschy mentioned adding the wildlife management policy plan. The plan will include a
section on prairie dogs and feral pigs.
Eckert: Two thoughts, what are our two biggest opportunities over the next year,
Soapstone. Our first meeting discussed the connector areas and having a strategy around
ORDINANCE NO. 111, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF
A PERMANENT,NON-EXCLUSIVE UNDERGROUND UTILITY EASEMENT
AND MULTIPLE TEMPORARY CONSTRUCTION EASEMENTS
ON CITY PROPERTY
TO THE BOXELDER SANITATION DISTRICT
FOR THE PURPOSE OF EXTENDING REGIONAL SANITARY SEWER
WHEREAS, the City of Fort Collins, Colorado (the "City") is the owner of certain real
property located in Fort Collins, Colorado, formerly used as Resource Recovery Farm and now
managed by the Natural Areas Program, certain real property south of the Resource Recovery
Farm property used for Archery Range and referred to as Archery Range Natural Area, and
certain property east of Interstate 25 in Larimer County and in the area identified as the Timnath
Community Separator, referred to as the Vangbo Property (collectively referred to herein as the
"Property"); and
WHEREAS, the Boxelder Sanitation District (the "District") is extending a regional
sanitary sewer line to the east of its current plant at the confluence of Boxelder Creek and the
Cache la Poudre River; and
WHEREAS, for the purpose of said extension the District wishes to acquire a permanent,
non-exclusive utility easement and multiple temporary construction easements (collectively
referred to herein as the "Easements") over, under and across the Property in the locations
described in Exhibit "A" and illustrated in Exhibit "B", attached hereto and incorporated herein
by this reference (collectively referred to herein as the "Easement Areas"); and
WHEREAS, the temporary construction easements are to be of a limited duration no
greater than two years from the date of execution; and
WHEREAS, the District has agreed to compensate the City for the Easements in the
amount of$34,780, which the City Real Estate Services office has determined represents the fair
market value of the Easements; and
WHEREAS, based on review of this request by City staff, it has been determined that
granting the Easements will not have any significant, adverse effect on the Property; 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 said sale or other disposition will be for the benefit of the
City's citizens and 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 Easements over, under and across the
Property, in a manner consistent with the terms of this Ordinance, will be for the benefit of the
City's citizens and is in the best interest of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute such documents of
conveyance as are necessary to convey the Easements to Boxelder Sanitation District, upon the
terms and conditions described above, together with such additional terms and conditions as the
City Manager, in consultation with the City Attorney, determines to be necessary and
appropriate to protect the interests of the City, including any necessary corrections to the legal
descriptions thereof that do not result in a material increase or change in character of the
intended easement area.
Introduced and considered favorably on first reading and ordered published this 18' day
of July, A.D. 2006, and to be presented for final passage on the 15'day of August, A.D. 2006.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15'day of August, A.D. 2006.
Mayor
ATTEST:
City Clerk
Exhibit "A" Page 1 of 5
Temporary Construction Easement
Boxelder Creek Section 21
A two hundred foot by three hundred and five foot temporary construction easement located in the
Southeast Quarter of Section 21, Township 7 North, Range 68 West of the Sixth Principal
Meridian, Larimer County, State of Colorado, the perimeter of said easement being more
particularly described as follows:
Commencing at the Southeast Comer of said Section 21 and considering the South line of the
Southeast Quarter to bear North 89017'00"West with all bearing contained herein relative thereto;
said point being the Point of Beginning; thence along the South Line of the Southeast Quarter of
Section 21, North 89' 17' 00" West a distance of 865.22 feet to the True Point of Beginning;
Thence continuing along the South Line of the Southeast Quarter North 89" 17' 00" West, a
distance of 305.00 feet;thence North 00°43'00"East, a distance of 200.00 feet;thence South 89°
17'00" East, a distance of 305.00 feet thence South 00.43'00"West, a distance of 200.00 feet to
the True Point of Beginning;said parcel contains 1.40 acres more or less.
Notes:
1. Legal description is based on a subdivision plat prepared for the Boxelder Sanitation
District by Stewart&Associates Consulting Engineers and Surveyors dated 09-06-02
as Job Number BOXELPLT.CRD.
2. Legal description prepared 06-02-06.
Exhibit "A" Page 2 of 5
Temporary Construction Easement(150')
Section 28
A one hundred fifty(150)foot wide temporary construction easement located in the Northeast
Quarter of Section 28,Township 7 North,Range 68 West of the Sixth Principal Meridian, Larimer
County,State of Colorado,the perimeter of said easement being more particularly described as
follows:
Commencing at the Northeast comer of said Section 28 and considering the North line of the
Northeast Quarter to bear North 89° 1 T 00'West with all bearings contained herein relative
thereto;said point being the Point of Beginning;Thence along the East line of the Northeast
Quarter of said Section 28,South 000 21'56"East,a distance of 60.00 feet to the True Point of
Beginning;Thence parallel to the North line of said Northeast Quarter, North 89°17'OD'West,a
distance of 831.42 feet to the East line of that certain parcel of land described in Book 1295 under
Reception#894647 of the Larimer County records;Thence along said line, South 290 29'23'East
a distance of 173.57 feet,Thence parallel to the North line of the Northeast Quarter of Section 28,
South 89" 1T 00'East a distance of 746.93 feet to a point on the East line of the Northeast
Quarter of Section 28;Thence along the East line of the Northeast Quarter of Section 28 North 000
21'56'West a distance of 150.03 feet to the True Point of Beginning;Said parcel contains 2.72
acres more or less.
Notes
1. Legal description prepared 5-15-06
2. Legal description is based on survey information prepared for permanent 60'
easement as recorded 9-06-95 under Reception#95055231.
Exhibit "A" Page 3 of 5
Temporary Construction Easement(150')
Section 27
A one hundred fifty(150)foot wide temporary construction easement located in the Northwest
Quarter of Section 27,Township 7 North, Range 68 West of the Sixth Principal Meridian, Larimer
County, State of Colorado,the perimeter of said easement being more particularly described as
follows:
Commencing at the Northwest comer of said Section 27 and considering the North line of the
Northwest Quarter to bear North 89"26'57'East with all bearings contained herein relative
thereto;Said point being the Point of Beginning;Thence along said line North 89°26'57"East, a
distance of 344.16 feet to the Westerly Right-of-Way line of Interstate Highway No. 1-25;Thence
along said line South 12'57'49'East,a distance of 61.44 feet to the True Point of(�Beginning;Oil Thence parallel with the North line of the Northwest Quarter of Section 27, South °26'57"West,
a distance of 357.56 feet to a point on the West line of the Northwest Quarter of Section 27;
Thence along said litre South 00°21'W East,a distance of 150.00 feet;Thence parallel with the
North line of the Northwest Quarter of Section 27, North 89'26'57'East a distance of 391.06 feet
to a point on the westerly right-of-way line of Interstate Highway No. 1-25;thence along said line
North 120 57'V West a distance of 153.59 to the True Point of Beginning;said parcel contains
129 acres more or less.
Notes
1. Legal description prepared 5-15-06
2. Legal description is based on survey information prepared for permanent 60'
easement as recorded 9406-95 under Reception#95055231,
Exhibit "A" Page 4 of 5
Tempos Construction Easement 50'
Temporary ( )
(Vangbo Property Section 22)
A fifty(50)foot wide temporary construction easement located in the Southwest Quarter of
Section 22,Township 7 North, Range 68 West of the Sixth Principal Meridian, Larimer County,
State of Colorado, the perimeter of said easement being more particularly described as follows:
Commencing at the South Quarter Comer of Said Section 22 and considering the South
Line of the Southwest Quarter to bear North 890 56'41"West with all bearings contained herein
relative thereto;said point being the Point of Beginning;Thence along the South Line of the
Southwest Quarter of Section 22,North 890 56'41"West, a distance of 2047.49 feet to a point on
the east right-of-way line of Interstate Highway No. 1-25;thence along the east right-of-way line of
Interstate Highway No. 1-25,North 120 34'00'West,a distance of 40.99 feet to the True Point of
Beginning;thence continuing along the east right-of--way,One of Interstate No. 1-25 North 12"34'
00'West,a distance of 51.29 feet; thence parallel to the south line of the Southwest Comer of
Section 22 South 89'56'41'East, a distance of 2067.97 feet to a point on the east line of the
Southwest Quarter of Section 22;thence along the east line of the Southwest Quarter South 000
15'38'West a distance of 50.00 feet,thence parallel to the south line of the Southwest Quarter of
Section 22,North 89°56'41"West,a distance of 2056.59 feet to the True Point of Beginning;said
parcel contains 2.37 acres more or less.
Notes
1. Legal description is based on the ALTA Survey completed on 7-22-05 by Stewart&
Associates for Sandra Kay Vangbo and the City of Fort Collins.
2. Legal description prepared 5-15-06.
Exhibit "A" Page 5 of 5
Permanent Utility Easement(40')
(Vangbo Property Section 22)
A forty(40)foot wide utility easement located in the Southwest Quarter of Section 22,
Township 7 North,Range 68 West of the Sixth Principal Meridian,Larimer County,State of
Colorado,the perimeter of said easement being more particularly described as follows:
Commencing at the South Quarter Comer of Said Section 22 and considering the South
Line of the Southwest Quarter to bear North 890 56'41'West With all bearings contained herein
relative thereto;said point being the True Point of Beginning;Thence along the South Line of the
Southwest Quarter of Section 22, North 890 56'41"West,a distance of 2047.49 feet to a point on
the east right-of-way line of Interstate Highway No. 1-25;thence along the east right-of-way line of
Interstate Highway No. 1-25, North 120 34'00"West, a distance of 40.99 feet;thence parallel to the
south line of the Southwest Quarter of Section 22 South 890 56'41"West, a distance of 2056.59
feet to a point on the east tine of the Southwest Quarter of Section 22;thence along the east line of
the Southwest Quarter of Section 22 South 00" 15'38'West,a distance of 40.00 feet to the True
Point of Beginning;said parcel contains 1.88 acres more or less.
Notes
1. Legal description is based on the ALTA Survey completed on 7-22-05 by Stewart&
Associates for Sandra Kay Vangbo and the City of Fort Collins.
2. Legal description prepared 5-15-06.
Exhibit "B" Page 1 of 2
n
co $
�R
nv
i
lr zaa
X
-- — o_2.al. r*�
s
——/
T
1 I
p
G) m
m D
I 1 CIA
yy
o CO
n n 1 I 1 v o fTl
z
r� g Z v o I I
i o ti Y ) —I
z o
« 1
I I
p N I I
I 1
1 I
n
1 1
I 1 I
�IRA
y$
1 r
I I my
1 I
I I
1 1
I I
I 1 I
I I
��•�-vim I I
1 I
1 I
I I
I 1
1 I
1 1
1
I I -
I I '
1 L��
I
a
ya I _ —
n p0H1nC5 -_�
Exhibit "B" Page 2 of 2
L /
I ONp09H1a0N 1/ ---_
�i g25
q4 ''I I eA'p
I Kin F
2a I I
,
n z II
1
ozz Ie% /
fI
ono /
mLti �1
CID
O I /
a
/ OI '
m
n
�i nao C] M
Ir m m T m D
�� ov
1 , I no N
1
Nm
a�n
Z
N --
1
I
(n
I
11
£m l
5 „ I
6 4g ; C)
jp s 2
�i Ny 1
O D
V
O 1
Z I N
I n
A O I D
I
y� I
1
8g �I
1
s
m� I
FA I
I
I
I I
I
I "I
I