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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 08/21/2012 - SECOND READING OF ORDINANCE NO. 072, 2012, AUTHORIDATE: August 21, 2012 STAFF: Lisa Voytko Lindsay Kuntz AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 13 SUBJECT Second Reading of Ordinance No. 072, 2012, Authorizing the Conveyance of a Non-Exclusive Waterline Easement and a Temporary Construction Easement on City Property to the North Weld County Water District and the East Larimer County Water District. EXECUTIVE SUMMARY The North Weld County Water District and the East Larimer County Water District (ELCO) have planned the North Weld – ELCO Water Transmission Pipeline (NEWT) Project to install an underground pipeline to connect the Soldier Canyon Water Filter Plant to the Districts’ distribution systems. This Ordinance, unanimously adopted on First Reading on July 17, 2012, authorizes the conveyance of a 40-foot wide waterline easement and a temporary construction easement across the northern portion of the City’s Water Treatment Facility property located on Laporte Avenue. The City has previously granted easements for this Project on other City properties. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - July 17, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: July 17, 2012 STAFF: Lisa Voytko Lindsay Kuntz AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 23 SUBJECT First Reading of Ordinance No. 072, 2012, Authorizing the Conveyance of a Non-Exclusive Waterline Easement and a Temporary Construction Easement on City Property to the North Weld County Water District and the East Larimer County Water District. EXECUTIVE SUMMARY The North Weld County Water District and the East Larimer County Water District (ELCO) have planned the North Weld – ELCO Water Transmission Pipeline (NEWT) Project to install an underground pipeline to connect the Soldier Canyon Water Filter Plant to the Districts’ distribution systems. As part of this Project, the Districts are requesting a 40-foot wide waterline easement and a temporary construction easement across the northern portion of the City’s Water Treatment Facility property located on Laporte Avenue. The City has previously granted easements for this Project on other City properties. BACKGROUND / DISCUSSION The NEWT Project is designed to meet the water needs of the growing population in northern Colorado including the City of Fort Collins. The Project involves the installation of a 42-inch diameter water pipeline from the Soldier Canyon Filter Plant near Horsetooth Reservoir to the two Districts’ distribution systems. Construction is anticipated to begin in 2014 and will take approximately nine months to construct. The first phase of this Project has been completed. Construction of the last phase is anticipated to begin in 2014 and will take approximately nine months to construct. The City granted similar easements to the Districts on other City property during the first phase of this Project. The Districts’ Project is planned to cross the northernmost section of the City’s Water Treatment Facility on West Laporte Avenue. The Districts’ are requesting a waterline easement and a temporary construction easement from the City to install the planned waterline. The underground pipeline will be installed with a combination of open cut trenches and boring. The Districts’ waterline will parallel an existing City-owned waterline. The City’s property will be restored and reseeded after completion of the Project. No aboveground improvements will be installed in the easement area with the exception of vent pipes which will be no larger than 12 inches in diameter and painted a color of the City’s choosing. City Utilities staff has evaluated the proposed easements and does not believe the conveyance of the easements will interfere with the intended use of the City’s Property as part of the Water Treatment Facility. FINANCIAL / ECONOMIC IMPACTS Real Estate Services reviewed comparable sales information, as well as an appraisal report submitted by the Districts to prepare a value estimate for the requested easement. The estimated just compensation for the permanent easement, temporary construction easement, and fee for processing the easement request is $11,063. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION On June 21, 2012, the Water Board voted unanimously to recommend that City Council approve an Ordinance authorizing the conveyance of a permanent waterline easement and temporary construction easement on the City property to the Districts. COPY COPY COPY COPY July 17, 2012 -2- ITEM 23 ATTACHMENTS 1. Location map 2. NEWT Project Overview and Previous City Easement Locations 3. Vent Pipe example 4. Water Board minutes, June 21, 2012 ORDINANCE NO. 072, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE WATERLINE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON CITY PROPERTY TO THE NORTH WELD COUNTY WATER DISTRICT AND THE EAST LARIMER COUNTY WATER DISTRICT WHEREAS, the City is the owner of a parcel of real property located in Fort Collins, Colorado, identified in County records as parcel number 97070-00-908, and known as the Water Treatment Facility (the “City Property”); and WHEREAS, the North Weld County Water District and the East Larimer County Water District (the “Districts”) have requested a waterline easement and a temporary construction easement (collectively, the “Easements”) on the City Property for the benefit of their North Weld – ELCO Water Transmission Pipeline (“NEWT”) Project; and WHEREAS, the proposed Easements are described on Exhibit “A”, attached and incorporated herein; and WHEREAS, the proposed Easements would be used by the Districts to install an underground pipeline to connect the Soldier Canyon Water Filter Plant to the Districts’ distribution systems; and WHEREAS, the proposed waterline easement is 1.685 acres in size and the temporary construction easement is 2.756 acres in size; and WHEREAS, the Districts would compensate the City $11,063 for the Easements and for staff processing time; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City and, with respect to real property that is a part of the City’s water or utility systems, that the disposition will not materially impair the viability of the particular utility system as a whole and that it will be for the benefit of the citizens of the City; and WHEREAS, City staff has not identified any negative impacts to the City resulting from the granting of the Easements; and WHEREAS, assisting the Districts with this easement request benefits the citizens of the City by encouraging cooperation and collaboration among regional water providers and providing the potential for emergency interconnects between water systems. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Easements on the City Property to the Districts as provided herein is in the best interests of the City, will not materially impair the viability of the water utility’s system as a whole, and will be for the benefit of the citizens of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easements to the Districts on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal descriptions of the Easements, as long as such changes do not materially increase the size or change the character of the Easements. Introduced, considered favorably on first reading, and ordered published this 17th day of July, A.D. 2012, and to be presented for final passage on the 21st day of August, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 21st day of August, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk