HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/16/2007 - FIRST READING OF ORDINANCE NO. 013, 2007, AUTHORIZ ITEM NUMBER: 21
AGENDA ITEM SUMMARY DATE: January16, 2007
FORT COLLINS CITY COUNCIL STAFF: 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 Stewardship Board reviewed the request from Flatiron Companies on
December 13, 2006 and recommends that Council approve the 60-foot permanent ditch easement
across Arapaho Bend Natural Area for no compensation other than the restoration fee of$6,576.
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 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 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 Stewardship Board and Natural Areas staff support this request, since
the easement will allow the City and Flatiron to define the reconstruction,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.
ATTACHMENT 1
Arapaho Bend Natural Area
Location Map
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ATTACHMENT
Excerpt from Land Conservation and Stewardship Board
December 13, 2006 - Meeting Minutes
• Sears: Lindsey Kuntz and Patrick Rowe are here from Operations Services/Real
Estate Services, because we have 3 real estate items that we need to address. I
will highlight the particulars of these 3 items.
1. Pineridge/Quail Ridge Land Transfer
Natural Areas staff is recommending the conveyance of certain small tracts of
land in the Pineridge Natural Area, located adjacent to the Burns Ranch at
Quail Ridge Subdivision, to Burns Ranch Open Space Non-Profit Corporation
to save maintenance costs spent on the mowing, trash removal, and weed
control in these areas.
2. Eagle View Natural Area Flood Inundation Easement Request
This property is along I-25 south of Fort Collins, and south of Ketcher Road.
The owners of Island Lake Marine are requesting this easement in order to fill
their 9 acre reservoir to capacity, which will result in the flood inundation of
7,000 square feet of City property within the easement area. Due to the small
size of the water inundation the Amy Corps of Engineers will not require any
permitting. The reservoir they are creating will have great benefits to wildlife
and to visitors alike.
• Brown: Is there any chance that they will turn this into lakefront property?
• Sears: There is a certain possibility, and we would like to get a conservation
easement on that portion of their property. We had a discussion with them
regarding this and they seem open to that. At some point we will explore this
further with them, but I don't think that the force behind this is to create lakefront
property.
3. Arapaho Bend and Ditch Easement
Flatiron Companies own the property on the northeast corner of I-25 and
Harmony. Historically the land was farmed and irrigated via the Box Elder
Ditch lateral, which runs across Arapaho Bend Natural Area. There is a water
storage reservoir on the property, which the Flatiron Companies is in the
process of selling to the New Cache Irrigation Company out of Pierce. In
order of the New Cache Irrigation Company to get water into the reservoir
they plan to use the Box Elder Ditch lateral that used to serve that farm.
We feel that they have a prescriptive right, as well as they feel they have a
prescriptive right. What defines a prescriptive easement is, how wide is the
easement, and what can they really do or not do within that easement. So to
benefit us and themselves they want to establish a permanent easement that
clearly defines what they can and can not do.
• Stanley: What does prescriptive right mean?
• Sears: At an irrigation ditch or lateral, in some cases, there isn't a formal
easement, but the easement has been there for a long enough period of time to
establish a prescriptive easement.
• McLane: Where does the easement come in?
• Sears: It comes off the Box Elder Ditch, underneath one of our trails, and then
over to I-25 just south of the river. Then it goes under I-25, in a culvert, and
flows into the property. They will need to re-grade that ditch, so we would like to
have them shape it to look as natural as possible, and it will also have more water
flow than it had in the past. I did ask that they pay us a restoration fee on the
property they will be disturbing.
• Stanley: Will the increased water flow be a safety issues?
• Sears: It won't be near as big a ditch as the Box Elder Ditch that is there now.
Irrigation ditches can be a safety issue, but I think the depth of this, as far as water
flowing, will only be a couple of feet deep, and not a high level velocity that
would swept someone away.
• Bertschy: You are looking for a recommendation from the Board?
• Sears: We need a recommendation to go to Council on all three items for their
next meeting.
• Groom: On the Pine Ridge Conveyance what kind of legal language do you use?
• Kuntz: What we'll do it as a quick claim or general deed with restriction for no
livable structure, and that it should be used as intended.
• Bertschy: Will it be used as access to open space in some way, and would we
maintain the area?
• Sears: They shouldn't be used as public access.
• Kuntz: There is a road that extends at the South end of subdivision that also leads
to the Natural Area. The access road is the main way to get in.
• Bertschy: I think back to all the controversy we had over the trail at Fossil Creek
Trail.
• Sears: All the trails according to the Management Plan are all ready established
and the connection from the neighborhood to Pineridge is all ready established.
Vicky McLane made a motion.
Motion to send a positive recommendation to Council regarding the conveyance of
certain small tracts of land in the Pineridge Natural Area. The motion was second by
Michelle Grooms. It was unanimously approved by all.
Vicky McLane made a motion.
Motion to send a positive recommendation to Council regarding Eagle View Natural
Area flood inundation easement request. The motion was second by Greg Eckert. It
was approved by all.
Vicky McLane made a motion.
Motion to send a positive recommendation to Council regarding Flatiron Companies'
request for a ditch easement across Arapaho Bend Natural Area. The motion was
second by Karyl Ting. It was approved by all.
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 staff's 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 terns 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 the 6th day of February, A.D. 2007.
ATTEST: Mayor
City Clerk
Passed and adopted on final reading on the 6th day of February, A.D. 2007.
Mayor
ATTEST:
City Clerk
EXHIBIT"A"
PROPERTY DESCRIPTION
60'Ditch Easement
(Cit) of Fort Collins Property)
Two strips of land (Easement#1 and Easement#2) being Sixty feet(60') in width and being part
of the North Half of the Southwest Quarter(N12 SWl/4) and the South Half of the Northwest
Quarter(S12 NW 1/4) all in Section Thirty-four(34).Township Seven North(T.7NJ.Range
Sixty-eight West(R.68W.)of the Sixth Principal Meridian (6th P.M..),Countv of Latimer,State
of Colorado the centerline of which is more particularly described as follows:
EASEMENT#1 (E#I)
BEGINNING at the Northwest Corner of the Southwest Quarter(SW 1/4) of said Section 34 and
assuming the North line of said S W 1/4 as bearing South 89041'29" East,being a Grid Bearing of
the Colorado State Plane Coordinate System.North Zone,North.American Datum 1983/92,a
distance of 2642.85 feet with all other bearings contained herein relative thereto;
THENCE South 89°41'29" East along said North line a distance of 645.06 feet:
THENCE South 00018'31"West a distance of 296.39 feet to the TRUE POINT OF
BEGINNING of the centerline description of said E#1:
THENCE along the centerline of said E#1,also being along the centerline of an existing
irrigation lateral,by the following Twenty-six (26) courses and distances:
THENCE North 77°.56'02"East a distance of 1937 feet;
THENCE North 87026'19" East a distance of 3.09 feet:
THENCE South 71019'34" East a distance of 21.99 feet;
THENCE South 5803230" East a distance of 53.18 feet
THENCE South 45014'36"East a distance of 204.97 feet:
THENCE South 46034'57"East a distance of 165.29 feet:
THENCE South 43046'28" East a distance of 92,86 feet;
THENCE South 41014'42"East a distance of 22.79 feet;
THENCE South 46027'03"East a distance of 51.97 feet:
THENCE North 76'06'33" East a distance of 20.53 feet;
THENCE North 33003'22"East a distance of 155.36 feet;
THENCE North 28°33'13"East a distance of 157.45 feet:
THENCE North 41°57'44" East a distance of 29.91 feet:
THENCE North 86018'06"East a distance of 22.77 feet;
THENCE North 57008'07" East a distance of 16.10 feet
THENCE North 46°17'24" East a distance of 60.59 feet:
THENCE North 48009'07"East a distance of 41.10 feet:
THENCE North 41019'56"East a distance of 158.04 feet;
THENCE North 32°00'19"East a distance of 82.38 feet,
THENCE North 49°21'08" East a distance of 241.81 feet
THENCE North 75052'58" East a distance of 97.54 feet:
THENCE North 6900225" East a distance of 65.14 feet
THENCE North 8500125" East a distance of 29.89 feet:
THENCE South 78'20'43" East a distance of 141.31 feet;
THENCE North 65059'03" East a distance of 19.09 feet;
THENCE North 37004'33" East a distance of 15.00 feet to the Westerly Right-Of-Way (ROW)
line of Interstate Twenty-five 0-25). Said point being the TERMINUS POINT of said E#1:
It is the intent of this description that the end line of said easement at the True Point of Beginning
is to be perpendicular to the described centerline at that point and that the sidelines of said strip
of land are to be prolonged or shortened to intersect the Westerly ROW line of said 1-25:
Page I of 2
Property Description (continued)
60'Ditch Easement(City of Fort Collins Property)
EASEMENT#2(E#2)
BEGINNING at the Terminus Point of said E#1:
THENCE South 85-07-31" East across the ROW of said 1-25 a distance of 262.90 feet to the
Easterly ROW line of said I-25. Said point being the TRUE POINT OF BEGINNING of E#2:
THENCE continuing along the centerline of said irrigation lateral by the following Five(5)
courses and distances:
THENCE South 75037'20"East a distance.of 18.31 feet;
THENCE South 85006'12"East a distance of 37.21 feet;
THENCE South 79°34'36"East a distance of 89.81 feet;
THENCE South 76056'07"East a distance of 47.19 feet:
THENCE South 62016'48" East a distance of 96.49 feet to the East line of the S W 1/4 of said
Section 34 and the TERMINUS POINT of said E#2. From said point the Northeast corner of
said SW 1/4 bears North 00006'15"West a distance of 33.92 feet.
It is the intent of this description that the sidelines of said strip of land be prolonged or shortened
to intersect the Easterly ROW line of 1-2.5 and the East line of the SW 1/4 of said Section 34.
Said described E#I contains 119,353 Square Feet,more or less(±) (2,740 Acres.more or less
60)and said described E#2 contains 17,342 Square Feet,more or less (±)(0.398 Acres, more or
less(±)) and are both subject to any rights-of-way or other easements as granted or reserved by
instruments of record or as now existing on said described parcel of land.
SURVEYOR'S STATEMENT
1,Charles B.Jones,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking.and that it is
true and correct to the best of my knowledge,information,belief,and in my professional
opinion.
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Charles B.Jones on.U�t+ $o uiiycyors,Inc.
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Land Surveyor #22 ''?e! ;�.ND
KING SURVEYORS,INC.
650 Garden Drive
Windsor,Colorado 80550
(970) 686-5011
Project Number: 2001399 (August 09,2006)
(File:G:\LDDproj\2001399\esmt_lateral.wpd) Revised: December 19,2006
Page 2 of 2
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/ KING SURVEYORS, INC. PROJECT NO:2001399
650 Garden Drive I Windsor,Colorado 80550 DATE:07-08-06
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\ L9 N41'57'44`E 29.91'
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L11 N 7*08'07'E 16.70'
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KING SURVEYORS, INC. PROJECT NO:2001399
650 Garden Drive I Windsor,Colorado 80550 DATE:07-08-06
CLIENT:FLATIRON COMPANIES
phony.(s)70)686-5011 1 fax:(970)686-5821 DWG:eSmt—lateral—A
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the exhibit drawing.
KING SURVEYORS, INC. PROJECT NO:2001399
650 Garden Drive I Windsor,Colorado 80550 DATE:07-08-06
phone:(970)686-5011 1 fax:(970)686-5821 CLIENT:FLATIRON COMPANIES
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KING SURVEYORS, INC. PROJECT NO:2001399
1- 650 Garden Dtive I Windsor,Colorado 80550 DATE:07-06-06
phone:(970)686-5011 1 Fax:(970)686-5821 CLIENT:FLATIRON COMPANIES
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