HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/18/2006 - FIRST READING OF ORDINANCE NO. 112, 2006, AUTHORIZ ITEM NUMBER: 24
AGENDA ITEM SUMMARY DATE: July18, 2006
FORT COLLINS CITY COUNCIL STAFF: Daylan Figgs
Patrick Rowe
SUBJECT
First Reading of Ordinance No. 112, 2006, Authorizing the Conveyance of a Temporary
Construction Easement over City Property to the Boxelder Sanitation District for the Purpose of
Extending 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 easement.
FINANCIAL IMPACT
The City will receive easement compensation of$5,210,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 area.
EXECUTIVE SUMMARY
In 1999,Boxelder Sanitation District acquired a deed of perpetual easement along the western edge
of the Vangbo property (a 2005 Natural Resources Timnath Community Separator purchase, east
of the Boxelder Plant across I-25) from the previous owner. The easement was acquired in
anticipation of the construction of a sanitary sewer line on the east side of I-25. At the same time
the District acquired a temporary construction easement 30 feet in width and adjacent to the
perpetual easement. This temporary construction easement was for a period of one year with a one
year extension. The project has not yet been constructed and the temporary construction easement
has expired.
The construction of the sanitary sewer line is now planned to begin in the summer of 2006. The
construction will take place in the existing perpetual easement area, however because the original
term of the temporary construction easement has expired, Boxelder has requested a 30 foot wide
construction easement for a period of two years. No trenching or installation of permanent facilities
will be done within the temporary construction easement area.
Staff has determined that the temporary easement is not in an area that is ecologically sensitive and
the disturbed land can be easily restored. Vegetation along the proposed easement alignment
consists of a smooth brome dominated pasture. Restoration of the easement area will utilize grass
mixes reflective of existing vegetation.
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Land Conservation & Stewardship Board
June 14, 2006
Page 6 of 11
F
eg Snyder motioned to approve the KB Home 50' wide drainage easement from the
w platting for Province Town filing 3. Michelle Brown seconded the motion. The
ard unanimously approved.
-t 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 Yz 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. 112, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF
A TEMPORARY CONSTRUCTION EASEMENT OVER CITY PROPERTY
TO THE BOXELDER SANITATION DISTRICT
FOR THE PURPOSE OF EXTENDING SANITARY SEWER
WHEREAS, the City of Fort Collins, Colorado (the "City") is the owner of a certain
parcel of real property located in Larimer County east of Interstate 25 and in the area identified
as the Timnath Community Separator, known as the Vangbo Property(the "Property"); and
WHEREAS, the Boxelder Sanitation District (the "District") currently has a non-
exclusive utility easement that runs along the western 30 feet of the Property for the purpose of
operating and maintaining underground utilities; and
WHEREAS, in order to construct said underground utilities the District wishes to acquire
a temporary construction easement (the "Easement") over, under and across an additional 30 feet
of the Property (the "Temporary Easement Area") as described in Exhibit "A", attached hereto
and incorporated herein by this reference; and
WHEREAS, the duration of the Easement shall be limited to no longer than two years
from the date of execution; and
WHEREAS, the District has agreed to compensate the City for the Easement in the
amount of $5,210, which the City's Real Estate Services office has determined to represent the
fair market value of the Easement; and
WHEREAS, based on review of this request by City staff, it has been determined that
granting the Easement 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 Easement over, under and across the Property,
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 Easement 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, considered favorably on first reading, and ordered published this 18th day of
July, A.D. 2006, and to be presented for final passage on the 15th day of August, A.D. 2006.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 15th day of August, A.D. 2006.
Mayor
ATTEST:
City Clerk
Exhibit "A" Page 1 of 2
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A parcel of land Sixty feet(60')wide and running North South adjacent to the
East R.O.W. of Interstate 25, being part of the Southwest Quarter(SW1/4) of Section
Twenty-Two (22), in township Seven North (T.7N.), Range Sixty-eight West
(R.68W.) of the Sixth Principal Meridian (6thP.M.), in Lorimer County, State of
Colorado.
Said 60' strip of land being all within that part of a parcel described within a Quit
Claim Deed as recorded October 27, 1998, Reception#96093395, of the records of
the Lorimer County Clerk and Recorder. The Easement, a 80' strip,of which Is
centered on the East edge of the permanent 30' Easement allows for an additional
30' strip, being more particularly described as follows:
Considering the North Line of the said Southwest Quarter of Section 22 as bearing
South 89047'12" East and with all other bearings contained herein relative thereto:
BEGINNING at the Center of said Section 22, HENCE South 37°30'43" West
3331.71'to a point on the South Line of the Southwest 114 quarter of section' 22. The
TRUE POINT OF BEGINNING, the Center line of the 60' Temporary Sewer Line
Easement and the East side of the 30' permanent Sewer Line Easement.
Thence North 12034'00"West a distance of 1028.27 feet;
Thence North 00044'00"East a distance of 415.57 feet;
Thence North 09048'20"West a distance of 594.17 feet;
Thence North 20048'30"West a distance of 396.29 feet;
Thence North 05037'01" West a distance of 287.40 feet to the intersection of the
North line of said parcel of land also being North line of the South West 114 of
Section 22.
Said described easement contains an additional 3.74 Acres, more or less (t) and is
subject to any right-of-way or other Easements as granted or reserved by instruments
of record or now existing on sold described parcel of land.
Robert G. Flynn
8/25/99
Boxeider Sanitation District
Fort Collins Co. 80522
(970) 498-0604
II t10R III LINE OF 589'4T12'E --_
THE SOUTH WEST 1/4 OF _
�11 SECTION 22 age 2 of 2
Exhibit "A"
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