HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/15/2006 - SECOND READING OF ORDINANCE NO. 113, 2006, AUTHORI ITEM NUMBER: 14
AGENDA ITEM SUMMARY DATE: August 15, Zoos
FORT COLLINS CITY COUNCIL STAFF: Daylan Figgs
Patrick Rowe
SUBJECT
Second 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 Second Reading.
EXECUTIVE SUMMARY
This Ordinance, which was unanimously adopted on First Reading on July 18, 2006, authorizes a
permanent, non-exclusive drainage easement on the Pelican Marsh Natural Area to the
Provincetowne Third Filing Development.
ITEM NUMBER: 25
AGENDA ITEM SUMMARY DATE: July 18, 2006
FORT COLLINS CITY COUNCIL STAFF: Daylan Figgs
Patrick Rowe
SUBJECT s
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 easeme comp ation f 5, the it market value as determined by
Real Estate Services. Addition pa a ill be r red 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 I foot, and a 2-foot bottom width.
The proposed easement is in rtaoon
of tab ' v tation. Staff has determined
that impacts to this area can a Re io es easement area will utilize grass
mixes reflective of existing ve
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 a non-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 detemuned that
granting permanent, non-exclusive
P�' g the P e 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 1 y of August, A.D. 2006.
Ma
ATTEST:
City Clerk
Passed and adopted on final reading on the 15th day of August, A.D. 2006.
Mayor
ATTEST:
City Clerk