HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/06/2007 - SECOND READING OF ORDINANCE NO. 012, 2007, AUTHORI ITEM NUMBER: 16
AGENDA ITEM SUMMARY DATE: February 6, 2007
FORT COLLINS CITY COUNCIL
STAFF: Patrick Rowe
SUBJECT
Second Reading of Ordinance No. 012, 2007, Authorizing the Conveyance of a Permanent Non-
Exclusive Easement Over a Portion of the Eagle View Natural Area for Inundation by a Reservoir.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on January 16, 2007, authorizes the
conveyance of a reservoir inundation easement over a portion of the Eagle View Natural Area. In
order to augment an adjacent reservoir, owner John Jensen needs this permission from the City for
the possible inundation of an area of City property not to exceed 7,209 square feet at the proposed
high water mark for the reservoir. The proposed area of inundation is located in a naturally
depressed wetland area and will not require improvement, construction or re-grading to
accommodate the inundation. The initial impact to existing wetlands is expected to be minimal and
no long term negative impacts are expected. but will likely to facilitate the expansion of existing
wetlands due to the increased inundated area.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary- January 16, 2007.
ATTACHMENT
ITEM NUMBER: 20
AGENDA ITEM SUMMARY DATE: January 16, 2007
FORT COLLINS CITY COUNCIL
FF: Patrick Rowe
Se
SUBJECT
First Reading of Ordinance No. 012, 2007, Authorizing the Conveyance of a Permanent Non-
Exclusive Easement Over a Portion of the Eagle View Natural Area for Inundation by a Reservoir.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading. At its December 13,2006 meeting,
the Land Conservation and Stewardship Board voted unanimously to recommend approval of the
requested easement.
FINANCIAL IMPACT C" () P"Ir
Real Estate Services recommends total compensation of$1,000 for this request, which includes
administrative costs in the amount of$500.
EXECUTIVE SUMMARY
John Jensen has requested a reservoir inundation easement over a portion of the Eagle View Natural
Area. In order to augment an adjacent reservoir he owns,he will need this permission from the City
for the possible inundation of an area of City property not to exceed 7,209 square feet at the proposed
high water mark for the reservoir.
The proposed area of inundation is located in a naturally depressed wetland area and will not require
improvement, construction or re-grading to accommodate the inundation. The initial impact to
existing wetlands is expected to mi (p )-(I)
f'y
a impacts are expected. hi fact,
the project is likely to facilitat he expadue to the increased inundated
area. Due to the small size o e wea one acre), the Army Corps of
Engineers will not require an indrvi ual ermit oinundation.
The adjacent reservoir is to be used for water storage and will provide habitat for water fowl; no
motorized recreation will take place on the reservoir.
Due to the benign impact of the request,and the possible positive benefits(increased wetland habitat
and open water for water fowl), staff recommends this easement be granted.
January 16, 2007 -2- Item No. 20
ATTACHMENTS
1. Location Map.
2. Excerpt from Minutes he alfn io Oyardship Board of Dec. 13,2006.
ORDINANCE NO. 012, 2007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO CONVEY A PERMANENT NON-
EXCLUSIVE EASEMENT OVER A PORTION OF THE EAGLE VIEW NATURAL
AREA FOR INUNDATION BY A RESERVOIR
WHEREAS, the City of Fort Collins is the owner of a certain parcel of real
property located in unincorporated Larimer County known as Eagle View Natural Area
(the "Natural Area"); and
WHEREAS, John Jensen (the "Applicant") owns property contiguous to and east
of the Natural Area; and
WHEREAS, the Applicant desires to augment a reservoir located on the
Applicant's property in a manner that would inundate an area of the Natural Area up to
7,209 square feet in size when the reservoir is at its high water mark; and
WHEREAS, the Applicant seeks to acquire a non-exclusive reservoir inundation
easement over, under and across the Natural Area (the "Easement"), as described in
Exhibit "A", attached hereto in order to document the City's permission for the
inundation of the Easement area by the proposed reservoir; and
WHEREAS, the Applicant has agreed to pay compensation of $500 to the City
for the Easement, and has agreed to pay$500 for administrative costs associated with 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 adverse effect on the Natural Area; 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 will be for the benefit of the City's citizens and finds by
ordinance that any sale or other disposition of real property owned by the City 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 I. That the conveyance of the Easement, 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 John Jensen, upon the terms and
conditions described above, and subject to such other terms and conditions as the City
Manager, in consultation with the City Attorney, determines to be in the best interests of
the City, including any necessary corrections to the legal description thereof that do not
result in a material increase or change in character of the intended conveyance.
Introduced, considered favorably on first reading, and ordered published this 16th
day of January, A.D. 2007, and to be presented for final passage on the 6th day of
February, A.D. 2007.
Mayo
ATTEST:
City Clerk `
Passed and adopted on final reading on the 6th day of February, A.D. 2007.
Mayor
ATTEST:
City Clerk