The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/06/2007 - SECOND READING OF ORDINANCE NO. 013, 2007, AUTHORI ITEM NUMBER: 17 AGENDA ITEM SUMMARY DATE: February 6, 2007 FORT COLLINS CITY COUNCIL STAFF: Mark Sears Pat Hyland SUBJECT Second Reading of Ordinance No. 013, 2007, Authorizing the Conveyance of a Permanent Ditch Easement on Arapaho Bend Natural Area for Box Elder Ditch Lateral in Exchange for Vacation of Existing Prescriptive Rights. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. EXECUTIVE SUMMARY Flatiron Companies ("Flatiron") owns land on the east side of I-25, across from Arapaho Bend Natural Area. Historically,the land was farmed and irrigated via the Box Elder Ditch Lateral,which runs across Arapaho Bend. Flatiron mined gravel on the site and restored the site to a water storage reservoir many years prior to the City's acquisition of Arapaho Bend. Flatiron plans to fill the reservoir using the Box Elder Ditch Lateral. Although Flatiron has a prescriptive easement for the ditch lateral across Arapaho Bend, Flatiron has requested a permanent 60-foot wide easement that can be documented and conveyed to the future owners of the storage reservoir— New Cache ]a Poudre Ditch Company("New Cache"). New Cache will reconstruct and improve the existing ditch within the easement,and restore the area disturbed,according to the conditions agreed to in the new easement. This Ordinance,unanimously adopted on First Reading on January 16,2007, authorizes the conveyance of the permanent easement. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- January 16, 2007. ATTACHMENT ITEM NUMBER: 21 AGENDA ITEM SUMMARY DATE: January 16, 2007 FORT COLLINS C O I FF: Mark Sears Pat Hyland SUBJECT First Reading of Ordinance No. 013, 2007, Authorizing the Conveyance of a Permanent Ditch Easement on Arapaho Bend Natural Area for Box Elder Ditch Lateral in Exchange for Vacation of Existing Prescriptive Rights. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading, The Land Conservation and Stew 0Bd ' ed e t from Flatiron Companies on December 13, 2006 and reco endst p e e -foot permanent ditch easement across Arapaho Bend Natural ea fors othe an the restoration fee of$6,576. ce ,�' FINANCIAL IMPACT There will be no financial impact to the City. Although there will not be any consideration charged to Flatiron Companies, LLC for the permanent ditch easement, there will be a restoration fee of $6,576 charged for ongoing vegetation maintenance of the area after construction and the initial restoration. EXECUTIVE SUMMARY Flatiron Companies ("Flatiron") owns land on the east side of I-25, across from Arapaho Bend Natural Area. Historically,the w f e d e is Box Elder Ditch Lateral,which runs across Arapaho Bend. Fl ron mi grav o ite restored the site to a water storage reservoir many years prior to Ciit equ' i of Arap o Bend. Flatiron plans to fill the reservoir using the Box Elder Ditc ateral. lthou Flatiron as a prescriptive easement for the ditch lateral across Arapaho Bend, Flatiron has requested a permanent 60-foot wide easement that can be documented and conveyed to the future owners of the storage reservoir— New Cache la Poudre Ditch Company("New Cache"). New Cache will reconstruct and improve the existing ditch within the easement,and restore the area disturbed,according to the conditions agreed to in the new easement. January 16, 2007 -2- Item No. 21 BACKGROUND The Land Conservation and S oazd al as staff support this request, since the easement will allow the C(ards:hi la n de a the rec struction, use and maintenance of the Ditch Lateral within the easement in a manner that is acceptable to both parties. The City will not ask for compensation for the easement, since it will replace an existing right and the permanent easement will be beneficial to both parties. Flatiron has agreed to pay the restoration fee of$2,400 per acre for the 2.74 acre easement to cover the ongoing vegetation maintenance after the initial restoration is completed. Staff also recommends that Council approve the waiver of administration fees since Natural Areas is concurrently requesting an access easement from Flatiron Companies across Flatiron property north of the current CDOT rest area,to provide maintenance access to the rest area once CDOT turns the site over to the City. (Natural Areas exchanged land from the old Resource Recovery Farm, south of Prospect Road, for the new CDOT rest area in exchange for the restored rest area land on the west side of I-25,just north of Arapaho Bend.) Flatiron Companies has verbally agreed to grant the access easement at no cost to the City. ATTACHMENTS 1. Location Map. 2. Excerpt from Minutes of The Land Conservation and Stewardship Board of Dec. 13,2006. ORDINANCE NO. 013, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERMANENT DITCH EASEMENT ON ARAPAHO BEND NATURAL AREA FOR BOX ELDER DITCH LATERAL IN EXCHANGE FOR VACATION OF EXISTING PRESCRIPTIVE RIGHTS WHEREAS, the City of Fort Collins is the owner of the property known as Arapaho Bend Natural Area, located in eastern Larimer County, between I-25 and County Road 7 and East Horsetooth Road and East Harmony Road (the"Natural Area"); and WHEREAS, Flatiron Companies, LLC ("Flatiron") has requested a permanent ditch easement (the "Ditch Easement') for Box Elder Ditch Lateral (the "Ditch") on that certain portion of the Natural Area more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference (the"Easement Area"); and WHEREAS, in exchange for the Ditch Easement, Flatiron has agreed to vacate an existing prescriptive easement on the Natural Area within Arapaho Bend Natural Area for the Ditch; and WHEREAS, Flatiron has further agreed to reconstruct and improve the Ditch; and WHEREAS, staff recommends that the City require no consideration for the Ditch Easement, since the reconstruction and improvement of the Ditch on the Natural Area will benefit the City and the Natural Area, and in light of the vacation in exchange for the Ditch Easement; and WHEREAS, Flatiron has agreed to restore the areas impacted by reconstruction of the Ditch in accordance with the standard specifications and Resource Protection Standards used in connection with construction on City natural areas; and WHEREAS, Flatiron further has agreed to pay the City the costs associated with long- term re-vegetation management of impacted areas, based on the standard estimate of such costs at $2,400 per acre, for a total sum of$6,576; and WHEREAS, based on staffs review, it has been determined that the conveyance of the permanent Ditch Easement on the Natural Area will not have any adverse effects on the Natural Area as a result of the reconstruction and improvement of the Ditch; and WHEREAS, the Land Conservation and Stewardship Board reviewed the proposed conveyance at its regular meeting held on December 5, 2006, and unanimously recommended that the Council approve the conveyance of the Ditch Easement; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City, provided the Council first finds by ordinance that any sale or disposition of that real property interest will be for the benefit of the City's citizens and in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS, as follows: Section 1. That the City Council hereby finds that the above-described conveyance of the Ditch Easement for the Ditch on the Easement Area, in exchange for vacation of existing prescriptive rights for the Ditch on the Natural Area, consistent with the terms of this Ordinance, will be for the benefit of the City's citizens, and will be in the best interests of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance as are necessary for the City to carry out the terms of this Ordinance, including in particular the Ditch Easement, 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 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;thdayolf February, A.D. 2 7.ATTEST: May City Clerk Passed and adopted on final reading on the 6th day of February, A.D. 2007. Mayor ATTEST: City Clerk