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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 yI s.. _ ,� r - i SAINT CROIX PL - HEA7HER GLEN LN _ •-NASSAU WAY - .r z SAODLEBROOK t�N - a Provincetowne :� ,., FilineThree "m Pelican Marsh Natural Area # yyy L' - CARPENTERR10 • * Approximate Location of Proposed Drainage Easement N A 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 i 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 Exhibit "A" Page 2 of 2 SEa 13, T6N, R59W S FOUND 3" ALJV,. CAP STAMPED "LS 12374" a 50 25 0 50 SCALE: = 50' I � I I SOUTHERLY LINE Or TRACT C / PROVINCETOWNE P'JD :ICING NO. 2�1 LP7'26'52' R=235.00' �4"E CH=30.53'- N66'L A6 POINT OF BEGINNING 3 N69'31'4O'E 2z u O�ry�h •24'4 51.01 Ln �. NORTHERLY LINE OF 'y o n m EXISTING DRAINAGE ESM7. b P r 2n QI O � Q IQOQ v W WZ� I¢ S S� 0 13, T CORNER 'no 11 I3 x �d C =C,C. :A 6N, R59WALUM. d zy' STAMP 3 1LS ALCM. CAP ^^ STAMPED "�5 5 w POINT OF COMMENCEMENT e P 3796 ; s��'AL LAND`' DRAINAGE EASEMENT P PROVINCETOWNE s JOB NO. 39459.00 && SHEET 1 OF 1 a" q NOTE'. S t115 DRAWING DOES NOT REPRESENT A \_Y J'R ENGINEERING 8 MONUMENTED SURVEY AND IS ONLY R INTEED TO DEPICT THE ATTACHED 20 Ej a=W� S85 y&a M-FM CK CO L'cGALND OESCRIPTIO, . 3N-aM-9%5•fu 6/a<91-9�•rv+vi mn I