HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/01/2003 - ITEMS RELATING TO RIVERBEND PONDS NATURAL AREA AGENDA ITEM SUMMARY ITEM NUMBER: 19 A-B
DATE: April 1, 2003
FORT COLLINS CITY COUNCIL STA Rick Bachand
F :
mball Crangie-ICrizman
SUBJECT:
Items Relating to Riverbend Ponds Natural Area.
RECOMMENDATION:
Staff recommend adoption of the Ordinances on First Reading. The Natural Resources Advisory
Board reviewed the plans during its regular March 5, 2003, meeting and recommends to Council
that the easements be authorized.
FINANCIAL IMPACT:
The City will receive a total of$3,300 for the easements and associated fees as follows:
Permanent Waterline Easement $ 100
Temporary Waterline Construction Easement $ 100
Permanent Storm Sewerline Easement $ 100
Temporary Storm Sewerline Construction Easement $ 100
Vegetation Management $2,450
Administrative Cost/Reimbursement 450
Sub-total Compensation $3,300
EXECUTIVE SUMMARY:
A. First Reading of Ordinance No. 057, 2003, Authorizing Easements Across a Portion of
Riverbend Ponds Natural Area for Construction and Operation of an 8-Inch Waterline
B. First Reading of Ordinance No. 058, 2003, Authorizing Easements Across a Portion of
Riverbend Ponds Natural Area for Construction and Operation of an 18-Inch Storm
Sewerline.
The subject property is located on the east side of Timberline Road along Countryside Drive on
Riverbend Ponds Natural Area. Four separate easements are being requested:
1. Temporary Construction Easement of an area approximately 2,926 square feet for the
installation of an 8"waterline along the north property line of Riverbend Ponds Natural Area.
2. A Permanent Easement of an area approximately 2,499 square feet for the operation and
maintenance of the 8" waterline by East Latimer County Water District (ELCO).
April ITEM NUMBER: 19 _
3. Temporary Construction Easement of an area approximately 2,340 square feet for installation
and maintenance of an 18"storm sewerline from the proposed detention/water quality pond
located on the Riverbend Condominiums property with discharge into an existing gravel
pond on Riverbend Ponds Natural Area. The storm sewerline will be installed by Hooraz,
Inc.,developer of Riverbend Condominiums and owned and maintained by the homeowners
association of the Riverbend Condominiums.
4. A Permanent Easement of an area approximately 1,525 square feet for the operation and
maintenance of an 18" storm sewerline from the proposed detention/water quality pond
located on the Riverbend Condominium property with discharge into an existing gravel pond
on Riverbend Ponds Natural Area.
The proposed easement areas are currently poorly vegetated and offer little beneficial habitat.
Alternative easement areas were explored but not viable.
ORDINANCE NO. 057, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING EASEMENTS ACROSS A PORTION OF
RIVERBEND PONDS NATURAL AREA
FOR CONSTRUCTION AND OPERATION OF AN 8-INCH WATERLINE
WHEREAS, the City of Fort Collins is the owner of certain real property located south of
Mulberry Street and generally east of Timberline Road known as the Riverbend Ponds Natural
Area(the "Site"); and
WHEREAS, Hooraz, Inc.("Hooraz"), is the developer of Riverbend Condominiums, a
condominium development of eight units adjacent to the Site that is currently pending final
approval from the City of Fort Collins (the "Development"); and
WHEREAS, Hooraz has requested that the City grant a temporary construction easement
to Hooraz for the installation of an 8-inch waterline across the north end of the Site (the
"Improvements") and a permanent easement to East Latimer County Water District ("ELCO")
for the long term maintenance of the Improvements, in order to satisfy development
requirements for the Development; and
WHEREAS, City staff has negotiated with Hooraz a nonexclusive temporary easement
for the installation of the Improvements on the area described on attached Exhibit "A," attached
hereto and incorporated herein by this reference (the "Temporary Easement Area"), for the sum
of$100; and
WHEREAS, City staff has negotiated with ELCO a nonexclusive permanent easement
for the operation and maintenance of the Improvements on and under the area described on
Exhibit "B," attached hereto and incorporated herein by this reference (the "Permanent Easement
Area"), for the sum of$100; and
WHEREAS, City staff has negotiated a temporary easement agreement and a permanent
easement agreement to document the terms and conditions of the easements, both dated March
28, 2003 (the "Easement Agreements"), which agreements are on file in the office of the City
Clerk and available for public review; and
WHEREAS, the Easement Agreements include specific resource protection and
restoration requirements that are intended to result in an improved condition of the Temporary
Easement Area and the Permanent Easement Area, and to advance the protection of existing
resources on the Site, including revegetation of disturbed areas; and
WHEREAS, Hooraz has agreed to pay the City a total of $2,450 for vegetation
management to be carried out by the City on the areas revegetated pursuant to the temporary
construction easement for the Improvements, together with the areas revegetated pursuant to the
Temporary Construction Easement for the storm sewerline to be granted to Hooraz upon the
adoption of Ordinance No. 058, 2003, of even date herewith; and
WHEREAS, Hooraz has also agreed to reimburse the City for the costs of processing
these and the other easements requested from the City for the Development, in the amount of
$450; and
WHEREAS, the Natural Resources Advisory Board considered the proposed
Improvements and the temporary construction easement and permanent easement at its regular
meeting on March 5, 2003, and voted to recommend that the City Council authorize those
easements; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is
authorized to sell, convey or otherwise dispose of interests in real property owned by the City,
provided the Council first finds by ordinance that any sale or disposition of the 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 temporary construction
easement on the permanent easement area and the permanent easement on and under the
Permanent Easement Area, as described herein and subject to the terms and conditions of the
Easement Agreements, is in the best interests for the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute the Easement Agreements,
together with such additional terms and conditions as the City Manager, in consultation with the
City Attorney, determines to be necessary or appropriate to protect the interests of the City,
consistent with this Ordinance.
Introduced and considered favorably on first reading and ordered published this 1st day
of April, 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
ORDINANCE NO. 057,2003 --EXHIBIT A
LEGAL DESCRIPTION-WATERLINE TEMPORARY CONSTRUCTION EASEMENT
A Portion of Section 17. Townaip 7'North. Range 6B west. Gin Principal Merldlon, Lorimr county, Colorado being more particularly described as follows:
Considering the Narth 111e of the Ne thwast Ye of Seed" /7. Township 7 North, Range 6a West,
Blh Principal Meridian, Lorimar County, Colorado as bearing S 88-20'42- w and with all bearings
contained herein retail" tharata
COMMENCE at the North y, oarnw of Section 17, Township 7 North, Range 6B West. Gin Principal
Meridian, Larlmr County, Colorado:
thence run S 88'29'42' W along the North line of gold Sactlon 17 for a distance of 2632.63
fast to the Northwest corner of gold.Section 171
thence leaving said North line run S:63'07'46' E for a distance of 1047.91 feet;
thence run N 06'04'46' E for a distance of 551.16 test;
thence run S 00'3016' W for a distance of eeo.66 feet;
thencs run N 06'0448' E far a dlsi of 200.00 fast;
thence run S 00'01'01- E far a distance of 171.12 fast; to the Southwest comer of Lot 236
COUNTRYSIDE PARK PHASE Ill;
thence run S 69'06'26' E alonq the South Line of said Lot 236 and the extgnslon thareaf far a
distance of 108,49 feet to the POINT OF BEGINNING;
thence run S 89'08'26' E alma the extension of tin South Line of sold Lot 236 far o distance
of 15.00 feet;
thence leaving said South tine run 5 OWOO'00' E for a distance of 35.00 feet to o point on a
line 35' Southerly of and parallel with said South line;
thence run N 89'00'28' W along said parallel line for a distance of 124.05 feet;
thence leaving mid parallel line run N 68'56'00' W far a distance of 30.96 feet;
• thence run N 0012'20' E far a dlatalce of 35.00 het;
thence run S Ill far a distance of 13.00 feet;
thence run S 0012'20' W far a distance of 20.00 feet;
thence run S 6636'06' E far a dlstanoe of 16.16 feet;
thence run S 69'06'28' E far o distance of 106.82 fast;
thence run N 00'00'00' W far a aletehce of 20.00 fast to the Point of Beginning.
Containing 2920 so.ft.. mare or lama, and being sub)oct to 06 easemant and rights of way of
record.
ORDINANCE NO.057,2003--EXHIBIT B
LEGAL DESCRIPTION—WATERLINE PERMANENT EASEMENT
Description of Permanent Waterline Easement
A portion of Section 17, TuwAWp 7 %Vh. Range 66 Treat, 6W PrNrod Meridian, lMmr
County. Colorado being more patucM, y1d"ar" as foliose:
Coraid.dng the North line of Me N04WW K of Section 17. TownYKy 7 North, Range 66 West.
Prnelpd Nridlan. Larlmr County( Colorado 00 bearing 5 66'29'{E- W and Nth all belongs
cantaim0 heron relative tnarda.
COMMENCE at the North Y.comer of l5eptldn 17, TosmNlp 7 North, Ron" 66 Wadi. SUN Prbmtpal
Mridlon. Lorlmr County, Colorado:
thence MR 5 6619'42' W along the Rarth Ilne of cold Section 17 it a distance of 2632.65
feet to the Nrthwd comar of said&,lion 17;
Henn icodng gold North line run 5$S 7'4a' E far a distance of 1047.91 fed;
Mora run N 66'04'46' E for a distance of BS1.16 Mk
thence MR S 00'SB16' W far a ast,006 of 6g0.6g tack
Chance run N'66'O4'46' E far a aslasae of 200.00 feel•
thence Ran S 00VVO1' E far a distance of 171.12 fact: to the Soutnwact acme, of Lot 230
COUNTRYSIDE PARK PHASE W and the POINT OF BEGINNING
thence run S 5996'26' E along the Sorel Una of cold Lot 236 and itho sxienalon thereof for a
distance of 106.49 feet; -
thence ImAng veld South line run 5 D000'00' E for a distance of 26.00 fact to a point an a
fins 20' Southerly of and parallel with gold South line,
thence MR N a9G6'28' W along auk parallel line for a distance of 106.62 feet
Mena IscN q .aid Parallel line rvn N 66'S6'06' 'W far 0 distance of 116.18 feet;
thmn MR N 0012'20' E far a distaste,of 20.00';
thma rvn S 66'S6'00- E for a distance of 16.51 feet to Me Point if 6eglnnng.
Containing 2499 s0.ft., mars or leas, and being subject to as 00eWnhnt and right, of way of
record.
ORDINANCE NO. 058, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING EASEMENTS ACROSS A PORTION OF
RIVERBEND PONDS NATURAL AREA
FOR CONSTRUCTION AND OPERATION OF AN 18-INCH STORM SEWERLINE
WHEREAS, the City of Fort Collins is the owner of certain real property located south of
Mulberry Street and generally East of Timberline Road known as the Riverbend Ponds Natural
Area(the "Site"); and
WHEREAS, Hooraz, Inc.("Hooraz"), is the developer of Riverbend Condominiums, a
condominium development of eight units adjacent to the Site that is currently pending final
approval from the City of Fort Collins (the "Development"); and
WHEREAS, Hooraz has requested that the City grant a temporary construction easement
for the installation of, and a permanent easement for the long term maintenance of, an 18-inch
storm sewerline across the north end of the Site (the "Improvements"), in order to satisfy
development requirements for the Development; and
WHEREAS, City staff has negotiated with Hooraz a nonexclusive temporary easement
for the installation of the Improvements on the area described on attached Exhibit "A," attached
hereto and incorporated herein by this reference (the "Temporary Easement Area"), for the sum
of$100; and
WHEREAS, City staff has negotiated with Hooraz a nonexclusive permanent easement
for the operation and maintenance of the Improvements on and under the area described on
Exhibit "B," attached hereto and incorporated herein by this reference (the "Permanent Easement
Area"), for the sum of$100; and
WHEREAS, City staff has negotiated a temporary easement agreement and a permanent
easement agreement to document the terms and conditions of the easements, both dated March
28, 2003 (the "Easement Agreements"), which agreements are on file in the office of the City
Clerk and available for public review; and
WHEREAS, the Easement Agreements include specific resource protection and
restoration requirements that are intended to result in an improved condition of the Temporary
Easement Area and the Permanent Easement Area, and to advance the protection of existing
resources on the Site, including revegetation of disturbed areas; and
WHEREAS, Hooraz has agreed to pay the City a total of $2,450 for vegetation
management to be carried out by the City on the areas revegetated pursuant to the temporary
construction easement for the Improvements, together with the areas revegetated pursuant to the
temporary construction easement for the waterline to be granted to Hooraz upon the adoption of
Ordinance No. 057, 2003, of even date herewith; and
WHEREAS, Hooraz has also agreed to reimburse the City for the costs of processing
these and the other easements requested from the City for the Development, in the amount of
$450; and
WHEREAS, the Natural Resources Advisory Board considered the proposed
Improvements and the permanent easement at its regular meeting on March 5, 2003, and voted to
recommend that the City Council authorize the permanent easement; and
WHEREAS, the Natural Resources Advisory Board considered the proposed temporary
construction easement at its regular meeting on March 26, 2003, and voted to recommend that
the City Council authorize the temporary construction 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 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 temporary construction
easement on the permanent easement area and the permanent easement on and under the
Permanent Easement Area, as described herein and subject to the terms and conditions of the
Easement Agreements, is in the best interests for the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute the Easement Agreements,
together with such additional terms and conditions as the City Manager, in consultation with the
City Attorney, determines to be necessary or appropriate to protect the interests of the City,
consistent with this Ordinance.
Introduced and considered favorably on first reading and ordered published this 1st day
of April, 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
•
ORDINANCE NO.058,2003--EXHIBIT A
LEGAL DESCRIPTION--STORM SEWERLINE TEMPORARY CONSTRUCTION EASEMENT
Stormline Temporary Construction Easement:
A portion of Section 17, Township 7 North, Range 68 West, 6th Principal
Meridian, Lorimer County, Colorado being more particularly described as follows:
Considering the North line of the Northwest Ys of Section 17. Township 7 North,
Range 68 West, 6th Principal Meridian, Lorimer County, Colorado as bearing S
88'29'42" W and with all bearings contained herein relative thereto.
COMMENCE at the North Y corner of Section 17. Township 7 North, Range 68
West, 6th Principal Meridian, Lorimer County, Colorado:
thence run S 88'29'42' W along the North line of said Section 17 for a
distance of 2632.85 feet to the Northwest comer of sold Section 17;
thence leaving said North line run S 65107'48' E for a distance of 1047.91 feet;
thence run N 86'04'48" E for a distance of 851.16 feet;
thence run S 00'38'18" W for a distance of 660.66 feet;
thence run N 86'04'48" E for a distance of 200.00 feet;
thence run S 00'01'01" E for a distance of 171.12 feet; to the Southwest
corner of Lot 236 COUNTRYSIDE PARK PHASE 111;
thence run N 88'58'08" W for a distance of 148.55 feet to the POINT OF
BEGINNING;
thence continue N 88'58'08" W for a distance of 20.01 feet;
thence run S 03'01'49' W for a distance of 76.64 feet;
thence run N 86'58'11" W for a distance of 20.00 feet;
thence run S 03'01'49" W for a distance of 20.00 feet;
thence run S 86'58'11' E for a distance of 40.00 feet;
thence run N 03'01'49" E for a distance of 97.34 feet to the Point of
Beginning.
Containing 2340 sq.ft., more or less, and being subject to all easement and
rights of way of record.
ORDINANCE NO. 055,2003--EXHIBIT B
LEGAL DESCRIPTION-STORM SEWERLINE PERMANENT EASEMENT
() s PM d Pe weM StormMs Easement
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Easement Areas: Riverbend Ponds Natural Area
m
N A
O n
T (R
' A
PrMop
d Riverbend
Condo iniums
.gyp
• .�OE » DARKEN ST
. . . . . . . . . FM
. . . . . . . . . . . . . . . . . . . .
"A'"
. . . . . . . . . . . . . . . .
Legend
0 Riverbend Ponds Natural Area
_ Lakes N
"A" - Permanent Storm Sewerline Easement, 1,525 Square Feet
"B" - Permanent Waterline Easement, 2,499 Square Feet
"C" -Temporary Waterline Easement, 2,926 Square Feet
"D"-Temporary Storm Sewerline Easement, 2,340 Square Feet