HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/15/2006 - SECOND READING OF ORDINANCE NO. 112, 2006, AUTHORI ITEM NUMBER: 13
AGENDA ITEM SUMMARY DATE: August 15, Zoos
FORT COLLINS CITY COUNCIL STAFF: Daylan Figgs
Patrick Rowe
SUBJECT
Second 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 Second Reading.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 18, 2006, authorizes a temporary
construction 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,for the construction
of a sanitary sewer line on the east side of 1-25 by the Boxelder Sanitation District.
ITEM NUMBER: 24
AGENDA ITEM SUMMARY DATE: July 18, zoos
FORT COLLINS CITY COUNCIL STAFF: Daylan Figgs
�P � ;pr. Patrick Rowe
SUBJECT 9a
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 mpe s ono 0 e arket value as determined by Real
Estate Services. Additionally, pacte eas 11 a restore to a condition comparable to their
condition prior to the work in th WMie
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 1-25. 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 lin o b ' in the summer of 2006. The
construction will take place in a exi ti p to e m t a, however because the original
term of the temporary constru ion eas ent h e d, B lder has requested a 30 foot wide
construction easement for a p of o ar o enchin& 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.
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 15 y of August, A.D. 20 6.
Mayor
ATTEST:
Lyi
City Clerk
Passed and adopted on final reading on the 15th day of August, A.D. 2006.
Mayor
ATTEST:
City Clerk