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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/05/2013 - FIRST READING OF ORDINANCE NO. 044, 2013, AUTHORIZDATE: March 5, 2013 STAFF: Jon Haukaas, Daylan Figgs, Helen Matson AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 20 SUBJECT ITEM POSTPONED TO MARCH 18, 2012 First Reading of Ordinance No. 044, 2013, Authorizing the Conveyance to Woodward, Inc. of Two Non-Exclusive Permanent Drainage Easements and a Temporary Construction Easement on City-Owned Property. EXECUTIVE SUMMARY The proposed Woodward Link-N-Greens Campus (“Woodward”) will be a master-planned campus providing the ability to retain and grow primary jobs for the community. The campus will accommodate Woodward’s continued growth of its current operations in Fort Collins. It also includes adjacent commercial services that can be used by Woodward employees and the public with close access to downtown and the Mulberry corridor. The planned campus will help to improve the river corridor through the site including restoration of the natural river corridor landscape, habitat, and appropriate recreation opportunities. The proposed use is compatible with existing and anticipated development, and supports the city’s vision for this area. Fort Collins’ City Plan (Plan Fort Collins) identifies this site in its Targeted Infill and Redevelopment Areas Map and denotes the Lincoln Avenue Area as one of its “Catalyst Project Areas”. These Areas are identified as locations in the city having potential to showcase opportunities to embrace the Plan Fort Collins vision themes of Innovate, Sustain, and Connect. They are viewed as potential places for public/private initiatives using a triple bottom line approach addressing economic, environmental, and social factors in a balanced manner. For this development, Woodward has requested that the City grant Woodward two permanent drainage easements for stormwater flows, one which would include construction of a buried drainage pipe and the other for a graded swale. In addition, a temporary construction easement is needed for grading, landscaping, and associated restoration work on City-owned property adjacent to the Poudre River. BACKGROUND / DISCUSSION River Restoration Plan The Link-n-Greens PDP site has been developed and used as a golf course since 1986, and is generally characterized by irrigated turf, man-made lined ponds and trees planted in patterns that line the golf holes. The Cache la Poudre River is the southerly boundary and the majority of the westerly boundary of the property and the Poudre River trail is located on the property within an easement. City staff and the project development team have consulted extensively on habitat restoration of the buffer zone, the area between the river and office/industrial/commercial development in the project area. Natural Areas staff desires to use the buffer zone to achieve more natural topographic and river flow conditions within the buffer zone and to create and expand native wetlands, cottonwood woodlands, and upland shrublands and grasslands within the buffer zone and the extended riparian restoration area. Project and City planning staff used evaluations of historic aerial photos, river morphology, and existing topography to guide their development of a native riparian restoration plan for the proposed buffer zone in the project area. A detailed plan of the resulting restoration (the “River Restoration Landscape Regimes”) is attached. This plan would include allowing the Poudre River to overflow its banks during high flow periods into a designed overflow channel that would assist in creating adjacent wetlands and areas of upland floodplain forest. Early modeling is showing that the floodplain in the downstream Springer and Williams Natural Areas will be increased by 0.01 feet. The improvements to the floodplain to the northwest benefit the City and the increased floodplain in the natural areas improve wetlands and upland floodplain forest. A floodplain easement on Springer and Williams Natural Areas will not be required by the City. Instead the City is proposing to issue a Liability Waiver to Woodward, Inc. for their Letter of Map Revision (“LOMR”). March 5, 2013 -2- ITEM 20 several temporary easement locations have been identified on City property that will allow for grading, landscaping, and temporary construction access required to complete this work. The site contains several hundred trees. Many of the trees were “development” trees planted with the golf course. Many of these trees are ornamental, non-native species and are planted in patterns that define the golf course holes and tees. Other trees are “pre-development” trees, mostly associated with the river edge, areas near the Coy/Hoffman Barn, and near the northeast corner of the property. All trees have been assessed for health, species and condition. Most of the trees associated with the previous golf course development will be removed to accommodate the new development pattern. Significant pre-development trees within the river buffer area, the northeast corner of the property, and those associated with Coy/Hoffman Barn will be retained where possible. However, as development and river restoration occurs it will be necessary to remove manysignificant trees. Reasons for tree removal include: • Poor health, as determined by the City Forester; • Hazardous conditions; • Regrading within the Poudre River buffer zone which will: (1) allow the river to overflow its banks during high flow periods into a designed overflow channel that would assist in creating adjacent wetlands and areas of upland floodplain forest; (2) achieve more natural topographic and river flow conditions within the buffer zone and to create and expand native wetlands, floodplain cottonwood woodlands, and upland shrublands and grasslands within the buffer zone and the extended riparian restoration area; and (3) Incorporate bank stabilization measures in areas identified by the City. These habitat restoration efforts would also enhance the ecological character and function of the river corridor, as well as enhance the natural ecological character of the site. In addition, planned habitat restoration efforts willenhance the existing wildlife movement corridor along the river. The habitat restoration and enhancement plans for the buffer area will meet the buffer area performance standards specified in the City of Fort Collins Land Use Code. Affected City Properties The City owns several properties adjacent to the Poudre River. The attached Easement Location Map shows the City properties and the areas where the temporary construction easement is requested. The City parcels are as follows: • Parcel A: Udall Natural Area – the City acquired this site in 1994 with funds from Stormwater and Natural Resources for stormwater purposes and for a natural area. • Parcel B: Old Pickle Plant Site, 500 Riverside Avenue – the City acquired this site in 1995 in part as buffer for Wastewater Treatment Plant #1 and Wastewater provided funds for the purchase. • Parcel C: Wastewater Treatment Plant, 920 East Mulberry Street: Site was purchased by the Water Utility. • Parcel D: City property – this site was acquired by the City in 1990 at the same time as the Springer Natural Area at Lemay and Mulberry. When this property was acquired, the uses included natural areas and a buffer for the Waste Water Plant #1. • Parcel E: Colorado Department of Transportation (“CDOT”): This property is owned by CDOT and the City has an easement over a portion of the property for the Poudre Trail. Staff is working to obtain this parcel from CDOT for the City. Easements Requested by Woodward Drainage Easements Woodward is requesting two permanent drainage easements both located in Parcel D. 1. One permanent drainage easement located near Mulberry Street would be for the storm water flows from Woodward’s property and a portion of storm water drainage from Lemay Avenue. It is Woodward’s intention to construct a pipe for these flows. The easement area is 30 feet x 100 feet and totals approximately 3,000 square feet. At this point in their design, the easement is planned to be in the location as shown on the Easement Location Map. The approximate width, length and total area of this easement is not expected to March 5, 2013 -3- ITEM 20 change during final design; however, the exact location of the easement request may shift a few degrees or feet, which may slightly change the total square footage of the easement. 2. The second permanent drainage easement is also located in Parcel D adjacent to the boundary of Parcel E and the Woodward’s property. This easement is for concentrated water flows from the water quality pond for the Woodward development. The water will pass through a low flow public trail crossing structure and then will flow through an open channel on the City’s property. This easement area is 60 feet x 120 feet and totals approximately 7,200 square feet. Again, at this point in their design, this easement is planned to be as shown on the attached Easement Location Map. As with the other drainage easement, the width, length and total area of this easement is not expected to change during final design; however, the exact location of the easement request may shift a few degrees or feet, which may slightly change the total square footage of the easement. Any necessary adjustments to the legal descriptions of either easement will be made prior to the signing of the Deed of Easement. Temporary Construction Easement To complete the restoration work described above, Woodward needs a temporary construction easement (“TCE”) in Parcels A, B, C, D and E. Woodward will be grading and restoring the areas shown on the Easement Location Map and removing concrete from the River. City staff is working with CDOT to obtain Parcel E. It is anticipated that this conveyance will be completed by April 2013. Staff is requesting that Council authorize the City to grant the TCE on this parcel to Woodward, Inc. after the City acquires the parcel. Because the Temporary Construction Easement is partially on Parcel E, it would not be signed until the City has received and recorded a Deed for Parcel E from CDOT. Woodward will be responsible for restoration of all affected areas. The restoration will be detailed in the Easement Agreement. The two permanent drainage easements and the temporary construction easement will not become effective until Woodward, Inc. completes their purchase of the Link-n-Greens property. FINANCIAL / ECONOMIC IMPACTS All areas affected are valued at $5,000/acre. Staff has established a value of $900 for the two permanent easements and a value of $3,590 for the temporary easement for the restoration work. It is staff’s recommendation that we do not charge Woodward for these easements because the benefit the City is receiving of the enhanced riverbank due to this restoration exceeds the value of the easements. Ecosystem impact fees for the work within Natural Areas have been estimated at $4,588 and will be further refined at the completion of the project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. Staff from Utilities and Natural Areas have reviewed the request and have not identified any concerns. BOARD / COMMISSION RECOMMENDATION At its January 17, 2013 meeting, the Water Board unanimously voted to recommend approval of the easements. At its February 13, 2013 meeting, the Land Conservation and Stewardship Board voted unanimously to recommend approval of the two non-exclusive permanent drainage easements and the temporary construction easement. March 5, 2013 -4- ITEM 20 ATTACHMENTS 1. Location Map 2. Easement Location Map 3. River Restoration Landscape Regimes a. Example of Cottonwood/Shrubland (Udall Natural Area) b. Example of Wetland and Upland (Springer Natural Area) 4. Water Board minutes, January 17, 2013 5. Land Conservation & Stewardship Board minutes, February 13, 2013 TEMPORARY EASEMENT* PERMANENT EASEMENT* *Approximate Springer Natural Area LAST UPDATED: 2-20-2013 ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 4 Excerpt from Unapproved Water Board Minutes, January 17, 2013 Approval of Two Non-Exclusive Drainage Easements with Associated Temporary Construction Easements and a Temporary Construction Easement for River Restoration Work on City-Owned Property Adjacent to the Poudre River * * Please note this title has changed since the agenda was posted on January 11, 2013. (Attachments available upon request). Vice Chairperson Malers introduced the item and introduced Real Estate Services Manager Helen Matson. The original request was for one permanent drainage easement and a temporary construction easement. Additionally, Woodward will require a permanent drainage easement for an outflow channel from the water quality pond to the Poudre River. Ms. Matson presented the easement location map and details for a permanent drainage easement for stormwater flows, a permanent drainage easement for the outfall channel from the water quality pond, and a temporary construction easement in four locations. She identified the parcels that Utilities has ownership in. The exact locations and dimensions of the permanent easements will be determined with the final site design. Angela Milewski, Principal Landscape Architect with BHA Design, Inc., presented more details about the need for the easements as they relate to stormwater and water quality. Vice Chairperson Malers explained the concept of easements to the new board members. An easement is a request for permission to disturb City property or construct a permanent structure on City property. Ms. Matson stated that river restoration is a part of the Woodward project. The value to the City of the enhanced river bank exceeds the land value for the easements. Staff recommends no charge for these easements. Highlights from the discussion:  A board member asked about maintenance of the area. Ms. Milewski stated this is still being discussed. BHA Design, Inc. is working with Natural Areas on the development. The areas are designed to be natural systems with low maintenance landscaping.  A board member asked if the easement can be granted on the condition that Natural Areas approves the plans. Ms. Matson stated the item will be presented to the Land Conservation and Stewardship Board in February for their recommendation. Deputy City Attorney Carrie Daggett stated Council has to approve the easement by ordinance.  A board member asked for a definition of “non-exclusive.” Ms. Matson stated this means it can be used by others, not only Woodward. Discussion on the motion: There was no discussion on the motion. Vote on the motion: It passed unanimously. Board Member Brown moved that the Water Board recommend that the City Council consider approval of Two Non-Exclusive Drainage Easements with Associated Temporary Construction Easements and a Temporary Construction Easement for River Restoration to Woodward, Inc. Board Member Garner seconded the motion. ATTACHMENT 5 Page 1 of 3 Land Conservation & Stewardship Board Wednesday, February 13, 2013 Woodward Drainage Easements and River Buffer Restoration, Udall Natural Area (Recommendation to Council) Daylan Figgs: Woodward Link-N-Greens Campus Project. The Woodward Project is on the old Link-N-Greens Golf Course on the corner of Lemay and Lincoln and Lemay and Mulberry. The map shows the boundary and the surrounding properties including Udall Natural Area, the Pickle Plant, the Waste Water Treatment Plant, part of Springer Natural Area, and the CDOT property. The goal of the project is to coordinate a comprehensive river restoration with development of the Woodward Governor Campus. For this to make sense there needs to be an extension of the restoration ignoring the property boundaries and using the river as a guide. As part of the development Woodward is requesting two permanent stormwater drainage easements on Springer Natural Area and temporary construction easements on the following properties Udall Natural Area, the Pickle Plant Property, the City Mulberry Wastewater Treatment Plant, and Springer Natural Area. K-Lynn Cameron: Why does CDOT own that property? Daylan Figgs: I don’t know but the idea is that they will convey it to the City and the City will convey it to Natural Areas. Trudy Haines: Is that for sure? (Daylan: I think it is pretty certain) Helen Matson: We are going through the process right now. Daylan Figgs: We are asking the Board to recommend approval of an easement across the CDOT property once we receive ownership. The two permanent easements on Springer NA deal with stormwater leaving the Woodward site – one will be for a buried pipeline and the other will be for an open channel. We want to focus on the easements but we also want to share what the overall restoration will look like. Linda Stanley: Who is paying for all of the restoration? John Stokes: We haven’t figured it out yet. There will probably be some cross sharing. Trudy Haines: Is there rough estimate of how much it will cost? John Stokes: We have a really rough estimate but I’m hesitant because it is a fluid process. This is a big project and big opportunity for Natural Areas. Angie Milewski (bha): Want to provide some background on the project and give an overall update. We’ve been designing project for quite a while, we had an overall development plan approved in September; neighborhood meetings in August, November, & January; presented to the Landmark Preservation Commission & the Water Board, and we will go to the Planning and Zoning Board in the future. [Showed slides to illustrate the project]. The project is really close to downtown and surrounded by diverse land uses. The aerial shows that it is an open site but not natural site. Early in the process we met with Parks Staff, Lindsay Ex, NA staff, and consultants to assess the opportunity and take a comprehensive approach to do some special work along the river. [Showed a schematic of the Woodward Campus Master Plan]. The Land Use Code has a general buffer zone standard of 300’ from top of bank but the code also specifies that the buffer zone can be reduced or enhanced. This allowed us the opportunity to think about the project comprehensively and not just plan based on an invisible line. We set river restoration goals including reconnect the river to its floodway, restore the natural characteristics of the site, be consistent with the NA Management Plan, and enhance the views of historic farm sites. Highlighting the restoration area – concepts are based on the geometry of the river, on the west Page 2 of 3 end we are mimicking what is happening at Udall, we are going to drop the grade and create pockets closer to ground water creating wetland willow conditions, create upland areas, work to reestablish a cottonwood riparian forest, and a key feature is connecting to the area to Udall and Springer Natural Areas. Linda Knowlton: Where is the trail going to be located? Angie Milewski: Today’s trail hugs the river; we are going to relocate the trail away from the river and included defined access point to the river. [Showed buffer throughout project area], in some cases we are closer to the river than the 300ft buffer but in other places we are extending the buffer further than 300ft. Trudy Haines: What is the minimum and maximum buffer distance? Angie Milewski: In no location are we closer than 210 feet and we are greater than 400 feet in some areas. The restoration requires easements to make it happen successfully and comprehensively. Trudy Haines: I appreciate the work, partnership, and opportunity to restore this area. Will the land inside the red line still be owned by Woodward? (Angie – Correct) How do we know that 50 years from now Woodward will have the same sensitivity? How will we know if it is owned privately? Angie Milewski: In our Development Plan we have to show the grading and planting and any change over time would require a change to the Development Plan. K-Lynn Cameron: So any change would have to come back to the City. (Angie – yes) Linda Stanley: In Situ’s, restoration was awful, it didn’t grow and it was close to the river. It may be better now but nothing was done at the time to make it better. John Stokes: We have talked to Woodward about the eventual disposition of the property and Woodward has some interest in potentially conveying it to the City but that has not been finalized. Linda Stanley: Will NA be in charge of the restoration, even though most of it is Woodward Property? John Stokes: No, it is Woodward’s project, they have to figure out how to get it built, but we are helping design it and helping develop the plans, there might be some level of collaboration on installation of material. Linda Stanley: It could be an in-kind donation. John Stokes: We haven’t gotten that far yet, we’re still working to develop the right plan. Linda Knowlton: My fear would be that Woodward’s primary interest is to get their fill dirt out and that the restoration is the last thing on their agenda. Mark Sears: In talking with Woodward representatives, if you look at the orientation of office building, I don’t think they would want to leave the site disturbed. John Stokes: We want to get plants in the ground as soon as possible to hold soil, haven’t figured out the sequence but we want to get things in the ground. Wayne Timura: The site is complex but there are a lot of opportunities for creative design and creative work. Woodward would like to have the partnership continue and they are exploring opportunity to have a transfer take place at some point but the details are very complex. Trudy Haines: From a PR standpoint, this is a very popular trail, when it does get torn up there will be consternation in the community. If there is a plan to convey the land to NA I would do it at that time, I think it would help with the PR piece; it could be seen as a gift back to the people of Fort Collins. Consider that timing to ease the frustration. K-Lynn Cameron: Will the trail be closed or re-routed? Mark Sears: I imagine the trail will be closed during construction. Kent Leier: Any idea how long it will take? Wayne Timura: Not at this point. Page 3 of 3 Ed Reifsnyder: What are the regulatory issues around what Woodward has to do? John Stokes: There are flood plain and flood way issues and there is the 300’ regulatory buffer. It is a performance standard not a set-in-stone 300’ buffer, trying to achieve a highly performing attribute instead of sticking to the line. Ed Reifsnyder: Within the varying 300’ guideline are they required to do restoration work? John Stokes: They are required to do some work; this is really the Ferrari version. Angie Milewski: On smaller sites plants are put in to create a wall, the idea here is to keep it a public space while enhancing the campus. K-Lynn Cameron: Because the ground is being lowered, how does the Corps of engineers fit into the project? John Stokes: Because we are lowering the elevation the permitting process is a lot easier. Wayne Timura: All of the buildings will be at or above the 500 year flood plain. There are also no plans to fence the perimeter. The idea is to create spurs off the Poudre River Trail to the campus and to the historic sites. Trudy Haines: This is a win for the employee too. Linda Knowlton moved that the Land Conservation and Stewardship Board recommends that City Council approve two permanent drainage easements on Springer Natural Area and temporary construction easements on Udall Natural Area, the Pickle Plant property, and the City Mulberry Wastewater Treatment Plant property. & That the Land Conservation and Stewardship Board recommend that City Council approve a temporary easement on the Colorado Department of Transportation property once the property is conveyed to the Natural Areas Department. Kent Leier seconded the motion. Discussion: Linda Stanley: I hope you will drive a hard bargain, I know there are negotiations going on about who is going to pay. I hope that Natural Areas has to put in very little money. Trudy Haines: Do you know what tax incentive request is? John Stokes: I don’t know what the package looks like, Bruce Hendee is the staff liaison, some portion of the increment will come back to the restoration plan but I don’t know the number. We are still having the conversation. I do think there will be some expected contribution from NAs, the argument in favor is we have influenced the design of the project substantially. We will come back to the Board to discuss it and any contribution will come out of the green money pot. Linda Stanley: I see a lot of good things coming from this, to me there is a price to pay to locate a company in a high quality community like Fort Collins. K-Lynn Cameron: I know there are lots of decisions to be made but I’m excited about the project’s potential. Trudy Haines: I request that this gets relayed to Woodward. I trust the company and think they are a company of high integrity; my request is that Woodward gives something back to the community that is tangible and real, either in a donation for an open space or paying for the restoration. Either one of those things will go a long way in terms of public perception. I am supportive, I do know that there is a big request for a financial incentive, I’m hoping that it can come back to the community in a big way, the last I heard it was a $27 million dollar request, a big chunk of our tax dollars. Vote: Motion unanimously approved ORDINANCE NO. 044, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE TO WOODWARD, INC. OF TWO NON-EXCLUSIVE DRAINAGE EASEMENTS AND A TEMPORARY CONSTRUCTION EASEMENT ON CITY-OWNED PROPERTY WHEREAS, the City owns four parcels of land in the area between Lemay Avenue, Mulberry Street, Riverside Avenue and Lincoln Avenue, known as: Udall Natural Area (“Parcel A”), 500 Riverside Avenue (“Parcel B”), 920 East Mulberry Street (“Parcel C”), and a portion of the Springer Natural Area (“Parcel D”); and WHEREAS, Parcel A is used for stormwater purposes and as a natural area; Parcel B was purchased as a buffer for Wastewater Treatment Plant #1; Parcel C is the location of Wastewater Treatment Plant #1; and Parcel D is used as a natural area and as a buffer for Wastewater Treatment Plant #1; and WHEREAS, the City is also working to acquire for natural areas purposes another parcel of land in the same area, currently owned by the Colorado Department of Transportation (“CDOT”), which is described on Exhibit “A”, attached and incorporated herein by reference (“Parcel E”); and WHEREAS, Parcels A-E are collectively referred to herein as the “City Property”; and WHEREAS, Woodward, Inc. (“Woodward”) is in the process of developing a new master- planned campus that would house its manufacturing operations and corporate headquarters, as well as commercial services (the “Project”); and WHEREAS, the Project is proposed to be built on the site of the former Link-N-Greens golf course, adjacent to the City Property; and WHEREAS, as part of the Project, Woodward is requesting a permanent, non-exclusive drainage easement approximately 3,000 square feet in size, to carry storm water flows from the Project property, and a portion of storm water drainage from Lemay Avenue, in a pipe across the City Property to the Poudre River (the “Pipeline Easement”); and WHEREAS, Woodward is also requesting a permanent, non-exclusive drainage easement approximately 7,200 square feet in size, to carry concentrated water flows from its proposed water quality pond across the City Property to the Poudre River (the “Concentrated Water Flow Easement”); and WHEREAS, the locations of the proposed Pipeline Easement and the Concentrated Water Flow Easement are shown and described on Exhibit “B”, attached and incorporated herein by reference (the “Easement Areas”); and WHEREAS, the exact location of one or both of the permanent easements may have to shift slightly during final design of the Project; however, the width, length and total square footage of the Easement Areas is not expected to change significantly, and final legal descriptions of the Easement Areas would be confirmed before the permanent easements are granted; and WHEREAS, Woodward has also requested a Temporary Construction Easement on the City Property, approximately 3.59 acres in size, to complete river restoration work, including grading and landscaping, as part of the Project (the “Temporary Construction Easement”); and WHEREAS, the location of the proposed Temporary Construction Easement is shown and described on Exhibit “C”, attached and incorporated herein by reference; and WHEREAS, the two permanent easements and the Temporary Construction Easement are collectively referred to herein as the “Easements”; and WHEREAS, City staff has evaluated the potential impacts of the proposed Easements and does not believe that any of them would interfere with the intended uses of the City Property, either as part of the City’s utility systems, or as natural areas; and WHEREAS, City staff has determined that the two permanent easements have a value of $900 and the Temporary Construction Easement is valued at $3,590; however, staff is recommending that the City not charge Woodward for the Easements because the benefit the City would receive from Woodward’s planned river restoration would exceed the value of the Easements; and WHEREAS, the Easements would not be effective until Woodward purchases the Project property, and the City would not execute the Temporary Construction Easement on Parcel E until the City has acquired Parcel E from CDOT; and WHEREAS, at its regular meeting on January 17, 2013, the Water Board reviewed the proposed Easements and recommended that the City Council authorize their conveyance; and WHEREAS, at its regular meeting on February 13, 2013, the Land Conservation and Stewardship Board reviewed the proposed Easements and also recommended that the City Council authorize their conveyance; and WHEREAS, Section 23-111(a) 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 by 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 WHEREAS, with respect to property that is part of the City’s water or utility systems, Section 23-111(b) of the City Code requires that the City Council also find 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. -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Easements as set forth herein is in the best interests of the City, will not impair the viability of the stormwater system or the water system, 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 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 5th day of March, A.D. 2013, and to be presented for final passage on the 19th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 19th day of March, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk -3- EXHIBIT A A tract or parcel of land containing 2.734 acres, more or less, in the SE¼ of Section 12, T.7N., R.69W., of the Sixth Principal Meridian, in Larimer County, Colorado, said tract or parcel being more particularly described as follows: Beginning at a point from which the SE corner of Section 12, T.7N., R.69W., bears S. 53º 15’ E. a distance of 661.6 feet; 1. Thence N. 28º 10’ W. a distance of 230.0 feet; 2. Thence N. 53º 14’ W. a distance of 281.5 feet; 3. Thence N. 0º 22’ E. a distance of 239.2 feet; 4. Thence S. 59º 08’ E. a distance of 276.5 feet to a point of curve; 5. Thence along the arc of a curve to the right having a radius of 998.6 feet a distance of 275.6 feet (the chord of which arc bears S. 51º 14’ E. a distance of 274.7 feet); 6. Thence S. 21º 51’ W. a distance of 319.5 feet, more or less, to the point of beginning.