HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/18/2006 - FIRST READING OF ORDINANCE NO. 113, 2006, AUTHORIZ ITEM NUMBER: 25
AGENDA ITEM SUMMARY DATE: July 18, 2006
FORT COLLINS CITY COUNCIL STAFF: 99
Da Ian Fi s
Y
Patrick Rowe
SUBJECT
First Reading of Ordinance No. 113, 2006, Authorizing the Conveyance of a Permanent
Drainage Easement on Pelican Marsh Natural Area for the Provincetowne Third Filing
Development.
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 $675, the fair market value as determined by
Real Estate Services. Additionally, impacted areas will be restored to a condition comparable to
its condition prior to the work in the easement area.
EXECUTIVE SUMMARY
The proposed permanent, non-exclusive drainage easement consists of a 50-foot wide area on
Pelican Marsh Natural Area that extends up to approximately 73 feet in length (2,937 square
feet) and outlets into an existing 200 foot drainage easement already located on the Natural Area.
The channel to be constructed within the proposed easement is designed to convey 25 cubic feet
per second ("cfs") and will consist of side slopes of 4:1(four horizontal feet to one foot of
vertical increase), a depth of 1 foot, and a 2-foot bottom width.
The proposed easement is in an area of reestablished native vegetation. Staff has determined
that impacts to this area can be restored. Reclamation of these easement area will utilize grass
mixes reflective of existing vegetation.
Drainage
Provincetowne Easement
Location Map
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Land Conservation & Stewardship Board
June 14, 2006
Page 5ofII
in and control the restoration. Some of the cases are flawed a little bit. 1 %acres we
might only get $3600, whereas 10-15 acres that might be more representative of the
$2400, large scale restoration. We need to take a look at it, in some areas we probably
come out ahead. Where we felt it was really important to establish this policy is we
new once the contractor was done, the site was initially restored, that it would be a
battle year after year to go back to a utility company and they talked with the
contractor, then by the time they finished it's probably for not. We'd be faced with
having to do it ourselves so we thought we should do it ourselves. It's been well
received with the utilities and the natural areas staff. And the weed control is done all
at one time making it a very effective policy.
We do try to recover the cost of managing the easement request process. We do a
great deal of reviewing at the staff level and bring things to you that we are endorsing
and have done all the homework that could possibly do even if we're not endorsing it
try to limit the un-answered questions. Then it goes to council for two readings of an
ordinance. We try to get it on a consent calendar, all issues have been resolved as best
as we can so we don't take as much of council's time.
• Stokes: One thing about easements that I've noticed over the years working in public
land management and privately conserved land management, in the old days, the
utilities and anyone who needed an easement could just go any where they wanted to.
They would trench a line, throw it in and they were done. We're shifting away from
that mode to a more sophisticated mode when it comes to locating these lines and
then restoring the surface. I think that's a positive transition, but there's tension
around that transition because people still want to do it the old way and they're not
used to the more sophisticated way. And sometimes it's a struggle for our staff and
the applicant to get through the process. I would say over the last 3 years, applicants
have gotten used to our procedures and know the process and policy.
• Snyder: I think the important part is the consistency across the board.
• Stokes: The other tension is over the restoration fee. We expect people to compensate
us for work. It's a lot of work to get something to grow back in those places.
• Stanley: And you're protecting the public investment. The public has paid for this so,
it makes a lot of sense.
+Daylan Figgs discusses his hand-out on Various Easements. Daylan speaks to maps
regarding KB Homes and Pelican Marsh. KB Home has requested a 50' wide drainage
easement from the new platting for Province Town filing 3. Mark mentioned the large
drainage easement across Pelican Marsh that KB Home helped construct years back. This
easement allows drainage from their new filing to go into the existing easement on
Pelican Marsh. It's a small project.
• McLane: Are they asking permission to allow the water to come into the easement?
• Figgs: Referring to the map: it's actually a small constructed swell. It's 50' wide and
about 75' long. The water flows into the existing structure.
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.
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 '/z 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. 113, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PERMANENT DRAINAGE
EASEMENT ON PELICAN MARSH NATURAL AREA
FOR THE PROVINCETOWNE THIRD FILING DEVELOPMENT
WHEREAS, the City of Fort Collins, Colorado (the "City") is the owner of a certain
parcel of real property located in Fort Collins, Colorado, known as Pelican Marsh Natural Area
(the "Property"); and
WHEREAS, the Provincetowne Filing Three Development is located north of the
Property; and
WHEREAS, in order to provide a drainage outlet KB Home, Colorado, Inc (the
Developer") wishes to acquire anon-exclusive drainage easement (the Easement") over, under
and across the Property as described in Exhibit "A", attached hereto and incorporated herein by
this reference (the "Easement Area"); and
WHEREAS, the Developer has agreed to compensate the City $675 for consideration
associated with the Easement; and
WHEREAS, based on review of this request by City staff, it has been determined that
granting the permanent, non-exclusive 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 such 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 KB Home, Colorado, Inc., 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
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A TRACT OF LAND LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 13,TOWNSHIP 6
NORTH,RANGE 69 WEST OF THE 6TH PM, COUNTY OF LARIMER,STATE OP COLORADO,MORE
PARTICULARLY DESCRIBED AS FOLLOWS;
BASIS OF BEARING:THE EAST LINE OF THE SOUTHEAST ONE-QUARTER OF SEC1IONI3,
TOWNSHIP 6 NORTH,RANGE 69 WEST,BEING MONUMENTED ON THE NORTH END BY A 3"
ALUMINUM CAP MARKED "LS 12374"'AND AT THE SOUTH END BY A 3-1/4"ALUMINUM CAP
MARKED "LS 12374"IS ASSUMED TO BEAR S 00°05'06" W,WITH A DISTANCE OF 2699.17 FEET
BETWEEN SAID MONUMENTS.
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 13;
THENCE N 44a27'37"W, A DISTANCE OF 1513.81 FEET,TO A POINT ON THE SOUTHERLY
BOUNDARY OF TRACT C,PROVINCETOWNE PUD FILING NO.2,AND THE POINT OF
BEGINNING;
THENCE S 03a49'53" E,A DISTANCE OF 72.66 FEET,TO A POINT ON THE NORTHERLY LINE OF A
DRAINAGE EASEMENT AS RECORDED AT RECEPTION NO. 2001076516, SAID EASEMENT IS
REFERRED TO AS EXHIBIT A-1 IN THE RECORDED DOCUMENT;
THENCE N 82024'48" W, ON SAID NORTHERLY LINE,A DISTANCE OF 51.01 FEET;
THENCE N 03°49'53" W, A DISTANCE OF 46.11 FEET.,TO SAID SOUTHERLY LINE;
THENCE ON SAID SOUTHERLY LINE THE FOLLOWING TWO (2)COURSES;
1. THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT,SAID CURVE
HAVING A DELTA OF 07026'52",A RADIUS OF 235.00 FEET,AN ARC LENGTH OF
30.55 FEET,THE CHORD OF SAID CURVE BEARING N 69-31'40"E WITH A
DISTANCE OF 30.53 FEET,TO A POINT OF TANGENCY;
2. THENCE N 65048'14"E,A DISTANCE OF 22.14 FEET,TO THE POINT OF
BEGINNING;
CONTAINING A CALCULATED AREA OF 2,937 SQUARE FEET.
I,CHAD R.WASHBURN,A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF
COLORADO,DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED
EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY
KNOWLEDGE,INFORMATION,AND BELIEF,ARE CORRECT.
c/cFtis
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CHAD R.WASHBURN,PLS
COLORADO PLS NO. 37963NAL LANDS'
FOR AND ON THE BEHALF OF JR ENGINEERING LLC.
2620 EAST PROSPECT ROAD, SUITE 190
FORT COLLINS, CO 80525
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT
OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR
OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTSAND RECOMMENDS CONSUL74 TION FVITHAN ATTORNEY.
X:\3940000.aiM945900\Ward\LegaIW945900LX3 DRAINAGE ESMT.dm
PAGE OF
EAST CJARTER CORNER 1
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FOUND 3" ALJV,. CAP
STAMPED "LS 12374"
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s��'AL LAND`' DRAINAGE EASEMENT
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q NOTE'.
S t115 DRAWING DOES NOT REPRESENT A \_Y J'R ENGINEERING
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