HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/01/2003 - ITEMS RELATING TO CONSTRUCTION OF THE PLEASANT VAL AGENDA ITEM SUMMARY ITEM NUMBER: I8 A-B
DATE: April 1, 2003
FORT COLLINS CITY COUNCIL Rick Bachand
STAF�mball Crangle-Krizman
SUBJECT:
Items Relating to Construction of the Pleasant Valley Pipeline Across a Portion of Reservoir
Ridge Natural Area by the Northern Colorado Water Conservancy District.
RECOMMENDATION:
Staff recommends adoption of the Resolution and of the Ordinance on First Reading. The
Natural Resources Advisory Board reviewed the plans at its February 5, 2003, meeting and
recommended approval of the Ordinance.
FINANCIAL IMPACT:
Northern Colorado Water Conservancy District (NCWCD) will be responsible for all costs
associated with the waterline installation, maintenance, and initial revegetation and restoration of
disturbed areas in the Natural Area. NCWCD has agreed to pay a total of $2,700 for the
temporary construction easement and a $4,800 fee for vegetation stewardship (reseeding, weed
control, and other management activities) after the initial revegetation and restoration of the site.
The total reimbursement to the City is $7,500.
EXECUTIVE SUMMARY:
A. Resolution 2003-045 Authorizing a Revocable Permit over a Portion of Reservoir Ridge
Natural Area for Construction of Pleasant Valley Pipeline by the Northern Colorado
Water Conservancy District.
B. First Reading of Ordinance No. 056, 2003, Authorizing a Temporary Construction
Easement for Construction of a Waterline Across a Portion of Reservoir Ridge Natural
Area by the Northern Colorado Water Conservancy District.
NCWCD requested a temporary construction easement (0.95 acres) from the Natural Areas
Program for a portion of Reservoir Ridge (Udall addition) located at Michaud Lane. The request
is for a construction easement to be used for the purposes of installing a waterline along a
permanent easement that was previously granted to NCWCD prior to the City's ownership of the
property. NCWCD is already working in the area of the previously granted permanent easement,
and will begin work in the temporary construction easement area as soon as permitted hereunder.
The term of the temporary construction easement expires upon completion of the work under the
temporary easement, but not later than two years after the effective date of that easement.
DATE: ITEM NUMBER: IS A-B
In the easement agreement, Natural Resources has defined specific resource protection standards
that NCWCD must meet in order to minimize the long-term impacts to the Natural Area. In
addition, NCWCD agreed to complete the initial revegetation and restoration of the site.
NCWCD will also reimburse the City $2,400/acre for long term vegetation management of the
site, including the area of the Permanent Easement. In this way, the City's Natural Area
Program will control the future management of the site while reducing the administrative costs
of monitoring activities by outside entities on the Natural Area.
As a result of the construction schedule for NCWCD on the Natural Area, NCWCD has
requested that the City expedite to the extent possible the completion of the process for allowing
its work to proceed in the temporary construction easement area. The Ordinance authorizing the
Temporary Construction Easement will not be effective until April 25. Therefore, staff has also
prepared a Revocable Permit for Temporary Construction Activities that allows NCWCD to
proceed on a revocable basis to carry out work in the temporary construction easement. The
Resolution authorizes the Mayor to sign the Revocable Permit after the April 1 City Council
meeting to allow NCWCD activities to begin in the temporary construction easement area. All
of the resource protection and other requirements of the Temporary Construction Easement have
been included in the Revocable Permit, and the Revocable Permit will expire upon the sooner of
the end of April, or the signing of the Temporary Construction Easement.
• RESOLUTION 2003-045
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A REVOCABLE PERMIT OVER A PORTION
OF RESERVOIR RIDGE NATURAL AREA FOR CONSTRUCTION OF
PLEASANT VALLEY PIPELINE
BY THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT
WHEREAS, the City of Fort Collins is the owner of the property located west of Michaud
Lane known as the Reservoir Ridge Natural Area (the "Natural Area"); and
WHEREAS, the Northern Colorado Water Conservancy District ("NCWCD") is in the
process of constructing the Pleasant Valley Pipeline,a 67-inch diameter pipeline across the east end
of the Natural Area that will be located in a permanent easement granted to NCWCD by the prior
owner of the Natural Area; and
WHEREAS because the temporary construction easement originally acquired by NCWCD
along with the permanent easement expired before construction could begin,NCWCD has requested
that the City grant a new temporary construction easement (the "TCE") across two areas, as
described on Exhibit"A"and Exhibit"B",attached hereto and incorporated herein by this reference
(together referred to as the "Easement Area"); and
. WHEREAS,City staff has negotiated with NCWCD an easement agreement entitled Pleasant
Valley Pipeline Construction Easement on Reservoir Ridge Natural Area and dated March 28,2003
(the "Easement Agreement"), which Easement Agreement is on file in the office of the City Clerk
and is available for pubic review; and
WHEREAS,together with this Resolution,staff is also presenting forCouncil's consideration
on first reading Ordinance No. 056, 2003, authorizing the TCE; and
WHEREAS,in order to allow NCWCD to begin work in the Easement Area on an expedited
basis, NCWCD has requested that the City grant a revocable permit to allow NCWCD to use the
Easement Area pending final adoption and effectiveness of Ordinance No. 056, 2003, and
completion of the Easement Agreement; and
WHEREAS, staff has prepared a Revocable Permit in a form substantially similar to the
Easement Agreement, which includes, in particular, the resource protection and restoration
requirements set out in the Easement Agreement,and further requires that all charges associated with
the TCE, in the total amount of$7,500, be paid at the time of grant of the Revocable Permit; and
WHEREAS,the Revocable Permit will expire upon the earlier of final approval and signing
of the Easement Agreement, or May 1, 2003; and
WHEREAS, the Natural Resources Advisory Board considered the proposed grant of the
TCE to NCWCD, and the terms of the Easement Agreement, at its regular meeting on February 5,
2003, and voted to recommend that the City Council authorize the grant of the TCE; and
WHEREAS,Article XI,Section 10,of the Charter of the City of Fort Collins authorizes the
Council to permit the use or occupation of any street, alley, or public place, provided that such
permit shall be revocable by the Council at its pleasure, whether or not such right to revoke is
expressly reserved in such permit.
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is authorized to execute such documents as are necessary to grant a
revocable permit consistent with this Resolution over that certain portion of Reservoir Ridge Natural
Area described on Exhibit"A" and Exhibit`B"to NCWCD for construction of the Pleasant Valley
Pipeline.
Passed and adopted at a regular meeting of the City Council of the City of Fort Collins held
this 1st day of April A.D. 2003.
Mayor
ATTEST:
City Clerk
DESCRIPTION FOR PLEASANT VALLEY PIPELINE
20'TEMPORARY CONSTRUCTION EASEMENT "A-
A Tract of Land located in Sections 6,Township 7 North,Range 69 West and Sections 31 and
32,Township 8 North,Range 69 West of the 6th Principal Meridian,County of Larimer,State of
Colorado,being more particularly described as follows:
Considering the North line of the Northeast Quarter of Section 6,Township 7 North,Range 69
West as bearing North 89058'41"West and with all bearings contained herein relative thereto:
Commencing at the Northeast comer of said Section 6;thence,North 89058'41"West,1.12 feet
to the POINT OF BEGINNING;thence,South 38000'36"West,1M feet to a point on the South
line of that Deed Recorded at Reception Number 94056579;thence along said line,South
66042'56"West,41.64 feet;thence departing said line,North 38000'36"East,588.44 feet;thence
South 86016'21"East.22.86 feet to a point on the centerline of the Pleasant Valley Lake Canal;
thence along said he,South 04°06'35"West,2.00 feet;thence departing said line,North
38°00'36"West,562.07 feet to the POINT OF BEGINNING.
The above described Tract of Land contains 0.265 acres more or less and is subject to all
easements and rights-of-ways now on record or existing.
i
DESCRIPTION FOR PLEASANT VALLEY PIPELINE
40'TEMPORARY CONSTRUCTION EASEMENT "B'
A Tract of Land located in Sections 6,Township 7 North,Range 69 West and Sections 31 and 32,
Township 8 North,Range 69 West of the 6th Principal Meridian,County of Larimer, State of
Colorado,being more particularly described as follows:
Considering the North line of the Northeast Quarter of said Section 6 as bearing North 89"58'41"
West and with all bearings contained herein relative thereto:
Commencing at the Northeast corner of said Section 6;thence along said line,North 89"58'41"West,
102.62 feet to the POINT OF BEGINNING;thence,South 3800936"West.84.67 feet to a point on
the South line of that Deed Recorded at Reception Number 94056579;thence along said line,South
66°42'56"West,$3.28 feet;thence departing said line,North 38100136"East,767.03 feet to apoint
on the North line of that Deed Recorded at Reception Number 94056579 and the South line of Fallon
CYR Subdivision;thence along said line,South 89°29'32"East,50.42 feet;thence,South 38°00'36"
West,640.01 feet to the POINT OF BEGINNING.
The above described Tract of Land contains 0.685 acres more or less and is subject to all easements
and rights-of-ways now on record or existing.
ORDINANCE NO. 056, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A TEMPORARY CONSTRUCTION EASEMENT
FOR CONSTRUCTION OF A WATERLINE ACROSS A PORTION OF
RESERVOIR RIDGE NATURAL AREA
BY THE NORTHERN COLORADO WATER CONSERVANCY DISTRICT
WHEREAS, the City of Fort Collins is the owner of the property located west of Michaud
Lane known as the Reservoir Ridge Natural Area(the "Natural Area"); and
WHEREAS, the Northern Colorado Water Conservancy District ("NCWCD") is in the
process of constructing the Pleasant Valley Pipeline,a 67-inch diameter pipeline across the east end
of the Natural Area that will be located in a permanent easement granted to NCWCD by the prior
owner of the Natural Area; and
WHEREAS because the temporary construction easement originally acquired by NCWCD
along with the permanent easement expired before construction could begin,NCWCD has requested
that the City grant a new temporary construction easement (the "TCE") across two areas, as
described on Exhibit"A"and Exhibit`B", attached hereto and incorporated herein by this reference
(together referred to as the "Easement Area"); and
. WHEREAS, in exchange for the grant of the TCE, NCWCD has agreed to pay to the City
the sum of$2,700 as compensation for the use of the City's property, together with the amount of
$4,800 vegetation stewardship by the City; and
WHEREAS,City staff has negotiated with NCWCD an easement agreement entitled Pleasant
Valley Pipeline Construction Easement on Reservoir Ridge Natural Area and dated March 28,2003
(the "Easement Agreement"), which Easement Agreement is on file in the office of the City Clerk
and is available for pubic review; and
WHEREAS,the Easement Agreement includes specific resource protection and restoration
requirements that are intended to result in an improved condition of the Easement Area and
protection of existing resources on the Easement Area,including revegetation of disturbed areas;and
WHEREAS, the Natural Resources Advisory Board considered the proposed grant of the
TCE to NCWCD, and the terms of the Easement Agreement, at its regular meeting on February 5,
2003, and voted to recommend that the City Council authorize the grant of the TCE; 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 will be in the best interests of the City.
•
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby finds that the grant of the TCE as described herein,
subject to the terms and conditions in the Easement Agreement, is in the best interests of the City
of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute the Easement Agreement,together
with such additional terms and conditions as the City Manager, in consultation with the City
Attorney, determines to be necessary or appropriate to carry out the terms of this Ordinance and
protect the interests of the City.
Introduced,considered favorably on first reading,and ordered published this 1 st day of Apri 1,
A.D. 2003, and to be presented for final passage on the 15th day of April, A.D. 2003.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of April, A.D. 2003.
Mayor
ATTEST:
City Clerk
Pleasant Valley Pipeline: Temporary and Permanent Easements
Legend
® Claymore Lake
j J Reservoir Ridge Natural Area _ N
Temporary Easement: .950 acre(approximately 60'x 724')
Existing Permanent Easement: .958 acre(approximately 60' x 724')