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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/21/2001 - FIRST READING OF ORDINANCE NO. 136, 2001, AUTHORIZ i AGENDA ITEM SUMMARY ITEM NUMBER: 45 FORT COLLINS CITY COUNCIL DATE: August 21, 2001 STAFF: Mark Sears SUBJECT: First Reading of Ordinance No. 136,2001,Authorizing the Conveyance ofNon-exclusive Easement Interests for the Construction of a Sixteen Inch Water Line by the Fort Collins—Loveland Water District on Portions of Coyote Ridge Natural Area,McKee Farm Open Space,and Long View Farm Natural Area. RECOMMENDATION: Staff and the Natural Resources Advisory Board recommend adoption of the Ordinance on First Reading. This easement request meets the new Natural Areas Easement Policy, with one exception; staff is recommending that the application fee be waived.Negotiations with the District on this easement predate discussion of the policy and therefore the application fee was never part of the negotiations. FINANCIAL IMPACT: The Fort Collins-Loveland Water District will be responsible for all costs associated with the construction of the water pipeline and restoration of disturbed areas. The District has agreed to pay fair market value as compensation for the temporary construction easements and the permanent easements. This value will be determined prior to second reading. Staff recommends waiving the application fee. EXECUTIVE SUMMARY: The Fort Collins-Loveland Water District has planned since 1986 to construct water storage tanks on the land now known as Coyote Ridge and a water pipeline to the tanks across Longview Farm Open Land, McKee Farm Open Land and Coyote Ridge Natural Area. These parcels are owned either by the City of Fort Collins alone or in partnership with Larimer County and Loveland. The pipeline is needed to supply water to existing and projected growth within the District's existing Service Area. After eighteen months of negotiations and analyzing many alternative tank locations and water line alignments the City, County and the District have reached agreement on a proposed alignment. The proposed easements would allow the construction of the new water pipeline across the Longview Farm Open Land,the McKee Farm Open Land,the Coyote Ridge Natural Area,and the Larimer County Landfill. The proposed pipeline alignment minimizes the impact to the natural areas and open lands. The watertank location on the Larimer County Landfill,which will become a natural area in the future, minimizes the visual impact for nearby property owners, natural area users, and motorists on Taft Hill Road as well as minimizing the impact on the natural areas. (See . attached maps.) A copy of the temporary and permanent easement forms that the District has agreed to sign are on file in the City Clerks Office. The final temporary and permanent easements will be completed and signed prior to second reading. DATE: August 21,2001 2 ITEM NUMBER: 45 BACKGROUND: The Fort Collins-Loveland Water District is a political subdivision of the State of Colorado,formed to provide water service to urban areas in south Fort Collins, north Loveland and areas of unincorporated Larimer County between the two cities. The District obtains its water from Horsetooth Reservoir,treats the water at its Soldier Canyon Treatment Plant,and transports it to its service area via a series of pipelines. The District completed a master plan for its future facilities in 1986. Among the future facilities identified in this plan were water storage tanks on the land now known as Coyote Ridge and a water pipeline to the tanks across Longview Farm Open Land, McKee Farm Open Land and Coyote Ridge Natural Area. The storage tanks and water line would serve developments east of Shields Street and south of Trilby Road. Melody Homes,the developer of Ridgewood Hills, east of Shields and south of Trilby is the first developer to need the additional water storage. Therefore they are partnering with the District to construct the first of what may ultimately be three-one million gallon water storage tanks,and the distribution water line to connect the tank to their development. The water line and water storage will be needed by future developments east and south of Shields and Trilby. The District has requested a 100-foot wide temporary construction easement and a 30-foot wide permanent easement for the construction, operation, and maintenance of the water pipeline. The proposed water line alignment starts on the Ridgewood Hills Development. It then goes south onto the Longview Farm Open Land,which is owned jointly by Larimer County,City of Loveland and the City of Fort Collins. The line proceeds west across a portion of the Longview Farm that is owned entirely by the County. The line then crosses the Burlington Northern Same Fe Railroad,a small parcel of land owned by Mark Powell, and then across Shields Street. Once under Shields Street the water line will proceed west along the northern boundary of McKee Farm Open Land, which is owned by the City of Fort Collins. Just before Taft Hill Road the line will turn and go north across Coyote Ridge,which is owned by the City of Fort Collins,parallel to and just east of Taft Hill Road for approximately 3/4 of a mile. At that point it will cross Taft Hill Road and then proceed north across Coyote Ridge, which is owned jointly by the County and the City,just west of and parallel to Taft Hill Road. The water line will cross Trilby Road on to the Larimer County Landfill, which is owned by the County. The water line will proceed west along the north side of Trilby Road on the County's landfill property for approximately 3/4 mile. The water line will then head northwest approximately 1,000'to the tank site,which is also on the County's landfill property.(See attached map.) City Natural Resources staff and County Open Lands staff have worked closely with the District to determine the recommended location for the tank and the water line alignment. Staff considered the ecological impacts of the water line alignment and the tank location,the visual impacts of the tank location, and the needs of the district for pipeline and tank construction and operation. City Natural Resources staff and County Open lands staff feel that the proposed watertank location on the Larimer County Landfill, which will become a natural area in the future, minimizes the visual impact for nearby property owners, natural area users, and motorists on Taft Hill Road as well as minimizing the impact on the natural areas. At staff s request the District and Developer analyzed four alternative tank locations and more than four water line alignments. The first tank location proposed was the original location on Coyote Ridge as was shown on the 1986 Master Plan. This location was not acceptable to City and County staff due to its proximity to the newly open Coyote Ridge Trail and the extreme impacts to the DATE: August 21, 2001 3 ITEM NUMBER: 45 natural area The second tank location considered was on private property south of Trilby Road. The tank location would have been acceptable,however the water line alignment to the tank would have crossed diagonally through Coyote Ridge Natural Area causing extreme impacts to the natural area. The third location considered was the site now being proposed on the Larimer County Landfill. The fourth tank location was on the Ridgewood Hills development. This location would have required the construction of an elevated tank. The construction of the first one million gallon tank would have been very high priced and aesthetically displeasing to the area residents as well as motorists on College Avenue and Shields Street. The construction of the second tank and possibly the third tank in the future made this alternative totally unreasonable in terms of costs,maintenance and especially aesthetics. Two water line alignments from the proposed tank location were considered. The one now being proposed and another which would have gone east on Trilby to Shields, down Shields a mile and then across the Longview Farm Open land as is being proposed now. The later option would have been extremely expensive, caused Trilby and Shields to be torn up and the roads closed for several months. The proposed tank location is just north of Trilby Road and sits between two hogbacks. The one million gallon tank will be 38'high and 80'wide and will be painted a sage green color to blend in with the surrounding native vegetation. The hogback to the east will partially block the view of the tank from Taft Hill Road. Less than 20' of the tank will be visible from the east. The hogback to the west will partially block the view of the tank from the few homes west of the tank. Approximately 30' of the tank will be visible to the west. The option of burying the tank was discussed with the District.The ecological impact would be similar to that of an above ground tank, and the cost for construction would have been more than double, therefore the District was not willing to consider building an underground tank. In addition to the design considerations for locating the pipeline, Natural Resources staff developed additional provisions that are included in the easement and on the plans for resource protection during construction and for restoration of the property following construction. Some of the more significant measures include the following: • Ecological characterization study to determine if plant or wildlife species of concern are present. Construction is then scheduled to avoid or minimize the impact on the species found and sensitive plants are removed for transplanting following construction. • Use of construction fencing to limit construction activity to the easements. • Erosion control. • Maintain good communication with Natural Resources representative prior to, during, and following construction to assure that the resource protection measures are being implemented correctly. • Segregation of topsoil from disturbed areas. • Replace topsoil and reseed the disturbed areas per Natural Resources specifications. • Payment of fees for the City to take over the ongoing management of the revegetation. • Natural Resources must accept the restoration before the Contractor is relieved of responsibility by the District. DATE: August 21,2001 4 ITEM NUMBER: 45 With these resource protection measures in place, staff recommends approval of the proposed easements. Construction of the new water line will have an impact on the following public lands: Longview Open land,the McKee Farm Open land,the Coypte Ridge Natural Area,and the Larimer County Landfill. However,the pipeline is an essential public facility that has been anticipated for 15 years. The District has worked with City staff to locate the pipeline appropriately and to implement the appropriate resource protection measures. ORDINANCE NO. 136, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT INTERESTS FOR THE CONSTRUCTION OF A SIXTEEN INCH WATER LINE BY THE FORT COLLINS—LOVELAND WATER DISTRICT ON PORTIONS OF COYOTE RIDGE NATURAL AREA, MCKEE FARM OPEN SPACE, AND LONG VIEW FARM NATURAL AREA WHEREAS, the City of Fort Collins owns or jointly owns with Larimer County and Loveland certain parcels of real property located in Larimer County,Colorado,known as the Coyote Ridge Natural Area,McKee Farm Open Space,and Longview Farm Natural Area(collectively,the "Natural Areas"); and WHEREAS, the Fort Collins-Loveland Water District (the "District") is in the process of working to install a 16-inch water pipeline from a new water tank located on Larimer County Landfill property west of Taft Hill Road across various properties to provide water service to customers located in the Ridgewood Hills subdivision; and WHEREAS,in order to install the water pipeline,the District has requested a non-exclusive 100-foot wide temporary construction easement over portions of the Natural Areas, as described in Exhibits"Parcel IT","Parcel 4T",and"Parcel 517",attached hereto and incorporated herein by this reference (the "Temporary Construction Easements"); and WHEREAS, the District has further requested a non-exclusive 30-foot wide permanent easement over portions of the Natural Areas,as described in Exhibits"Parcel 1P","Parcel 4P",and "Parcel 5P",attached hereto and incorporated herein by this reference(the"Permanent Easements"), in order to provide for ongoing operation, maintenance and access to the water pipeline, in perpetuity; and WHEREAS, the District has worked with City staff to coordinate the location of the proposed pipeline and to locate the pipeline and associate improvements,including the related water tank, in order to minimize disturbance to the Natural Areas; and WHEREAS, City staff has negotiated with the District a form of Temporary Construction Easement Agreement, dated August 2, 2001, which is on file in the office of the City Clerk and available for public inspection(the"Temporary Easement Agreement'),and which includes specific conditions governing the timing and extent of construction activities, and site reclamation requirements; and WHEREAS, City staff has negotiated with the District a form of Permanent Easement Agreement, dated August 2, 2001,which is on file in the office of the City Clerk and available for public inspection (the "Easement Agreement'), and which includes specific conditions governing the operation, maintenance, and repair of the proposed water line; and WHEREAS, in exchange for the grant of the Temporary Construction Easement and Permanent Easement, the District has agreed to pay to the City the fair market value of the Easements in the amount of$ ; and WHEREAS,the District has agreed to regrade and reseed the areas impacted by construction in accordance with City specifications and to pay to the City its costs for long-tern revegetation management of impacted areas, which have been determined to be $2,450 per acre; and WHEREAS,staff recommends approval of the Temporary Construction Easements and the Permanent Easements in view of the public needs to be served by the District's project, and the resource protection measures to which the District has agreed; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell,convey,or otherwise dispose of real property owned by the City,provided the Council first finds by ordinance that any sale or other disposition of real property owned by the City is in the best interest of the City of Fort Collins; NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Temporary Construction Easements and the Permanent Easements,on the terms and conditions described above,is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute such easement agreements as are consistent with this Ordinance and with the Temporary Easement Agreement and the Easement Agreement,including 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, as are necessary to convey the Temporary Construction Easements and Permanent Easements, as described above, to the District. Introduced, considered favorably on first reading, and ordered published this 21st day of August, A.D. 2001,and to be presented for final passage on the 4th day of September,A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of September, A.D. 2001. Mayor ATTEST: City Clerk • EXHIBIT "Parcel 1T' Page 'I of 2 Fort Collins—Loveland Water District Temporary Easement#1 August 1, 2001 A temporary pipeline easement located in the Northwest Quarter of Section 23, Township 6 North, Range 69 West of the 6`h P.M., County of Larimer, State of Colorado, said easement being 50 feet on each side of the following described centerline, excepting therefrom 15 feet on each side of said centerline, and except any portion located in Section 14, Township 6 North, Range 69 West of the 6th P.M.: Commencing at the Northwest comer of Section 23, Township 6 North,Range 69 West of the 66 P.M.; Thence North 89°21'34"East, along the north line of the Northwest Quarter of said Section 23, a distance of 1577.63 feet to the Point of Beginning; Thence South 03°54'22" West, a distance of 45.14 feet; Thence South 89°21'34"West, a distance of 254.88 feet to the West line of that parcel of land described in deed recorded as Reception No. 97043051 and the Point of Termination. The sidelines of said easement being extended or shortened to the property lines of that parcel of land described in deed recorded as Reception No. 97043051. Said easement contains 19,965 square feet(0.458 acres), more of less. Basis of Bearings: Assumed North 89°21'34"East along the north line of the Northwest Quarter of said Section 23. Said line being monumented at the Northwest comer by a 2 %2" aluminum cap, L.S. 17662 in a range box, and at the North Quarter corner by a 3 Ya" aluminum cap, L.S. 14823. For and on Behalf of Nolte Associates, Inc. Laine A. Landau Colorado P.L.S. 31159 N:\Fc0139\Documents\easements\PipelineEasements.doc CITY OF FORT COLLINS RIDGEWOOD HILLS P.U.D. 3RD FILING I14 `NW CORNER SECTION 23 POINT OF BEGINNING N 89'21'34" E 1577.63' NORTH LINE OF THE NW 1/4 SECTION 23 o N 89'21'34" E - BASIS OF BEARINGS S 03'54'22" W 45.14' POINT OF TERMINATION S 89'21'34" W 254.88' LARIMER COUNTY CITY OF FORT COLLINS, CITY OF LOVELAND, LARIMER COUNTY, GREAT OUTDOORS COLORADO (REC. NO. 97043051) .9 1 23 : _ N 'p A 0 '*Z QrE SHEET NUMBER + NOI.TE Fort Collins - Loveland Water District 2 TEMPORARY EASEMENT #1 EXHIBIT SEYOND ENGINEERING �m"n- goon w 2 SHEETS wm>ww w 'R x • FORT COLLIa.M w JOB NUMBER nonu�oo Ru49 cut wnNatEcaw PREPARED FO 3=HOMES M DATE SUBMTT®: 8/01101 P00199 EXHIBIT "Parcel 47 Page 1 of 2 Fort Collins—Loveland Water District Temporary Easement#4 August 1, 2001 A temporary pipeline easement located in the North Half of Section 22, and the West Half of Section 15,Township 6 North,Range 69 West of the Oh P.M., County of Larimer, State of Colorado, said easement being 50 feet on each side of the following described centerline excepting therefrom 15 feet on each side of said centerline, and except any portion located in Section 16 or Section 21,Township 6 North,Range 69 West of the Oh P.M. and except any portion in the right of way for County Road No. 19: Commencing at the Southeast comer of Section 15, Township 6 North, Range 69 West of the 6th P.M.; Thence North 89°12'19"West, along the south line of the Southeast Quarter of Section 15, Township 6 North, Range 69 West of the 6`h P.M., a distance of 30.00 feet; Thence South 00°03'35"West, along the west right of way line of County Road No. 17, a distance of 101.22 feet to the Point of Beginning; Thence North 67°43'25" West, a distance of 12.28 feet; Thence North 89°12'19"West, a distance of 2644.28 feet; Thence North 89*31'30" West, a distance of 2621.68 feet; Thence North 00'18'01"East, a distance of 3043.75 feet; Thence North 90100'00" West, a distance of 24.63 feet to the east right of way line of County Road No. 19 and the Point of Termination. The sidelines of said easement being extended or shortened to the right of way lines of County Road No. 19 and County Road No. 17. Said easement contains 507,352 square feet(11.647 acres),more of less. Basis of Bearings: Assumed North 89°12'19"West along the south line of the Southeast Quarter of said Section 15. Said line being monumented at the Southeast corner by a 2 %z" aluminum cap, L.S. 17662 in a range box, and at the South Quarter corner by a 2" aluminum cap, L.S. 32444. For and on Behalf of Nolte Associates, Inc. Laine A. Landau Colorado P.L.S. 31159 N:\Fc0139\Documents\easements\PipelineEasements.doc EXHIBIT "Parcel 4r' Page 202 [ 6 aoa GNnoo § §� E& a Iz © S0 00 . k BLLJ z ° § Ge 2r 2 e �_ & _ /\ ¥ S _LOL ). j ® w/ y§ \ Z) } CO M \ � \»-0 \� 00 z z / j§ � G 2 ® � I y �§ »/ \ d < 0 \° 0 CL `00 / / C 0 � u / / % \ / �� \ ƒ e 0 0 z ,« 0 § \} J\ a F / z . j . 1100 | 0 /\ - z \ N \ 3 ze k `§ 0 0- 0 ~ 3f 2 |! b@ « 0 Jz . | } C0 07 a ! 2 � / g±.« 0 | § &#2GmN � G e »o �Nnoo \ \ ,. EXHIBIT"Parcel 5T" Page 1 of 2 Fort Collins—Loveland Water District Temporary Easement#5 August 1, 2001 A temporary pipeline easement located in the Northeast Quarter of Section 16, Township 6 North, Range 69 West of the Oh P.M., County of Larimer, State of Colorado, said easement being 50 feet on each side of the following described centerline excepting therefrom 15 feet on each side of said centerline, and except any portion located in Section 15, Township 6 North, Range 69 West of the 6`h P.M. and except any portion in the right of way for County Road No. 19: Commencing at the Northeast comer of Section 16,Township 6 North,Range 69 West of the 6`h P.M.; Thence South 89°44'37" West, along the north line of the Northeast Quarter of said Section 16, a distance of 30.00 feet; Thence South 00°17'20" West, along the west right of way line of County Road No. 19, a distance of 2310.48 feet to the Point of Beginning; Thence North 90°00'00" West, a distance of 17.00 feet; Thence North 00°17'20" East, a distance of 2187.44 feet; Thence North 45°00'00"West, a distance of 130.88 feet to the south right of way line of Trilby Road and the Point of Termination. The sidelines of said easement being extended or shortened to the right of way lines of County Road No. 19 and Trilby Road. Said easement contains 91,715 square feet (2.106 acres),more of less. Basis of Bearings: Assumed South 00'17'20" West along the east line of the Northeast Quarter of said Section 16. Said line being monumented at the Northeast corner by a 2 ''/z" aluminum cap, L.S. 25619 in a range box, and at the East Quarter comer by a 2 %2" aluminum cap, L.S. 5619 in a range box. For and on Behalf of Nolte Associates, Inc. Laine A. Landau Colorado P.L.S. 31159 N:\Fc0139\Documents\easements\PipelineEasements.doc EXHIBIT"Parcel Sr' Page 202 r ! § ; \ � 0 § \ \ / k § 2 ) O x ■ z \ § / § 6 Co * ) - � \ \ { \ \ §o §\ N 9 sSISVeip- ¥ z 2 ° °) ' b LmEmsg§n �q 2 § J w � \ ) ¥36zQm \> N■ . §/ Ui \ \ e »oa #Nmo 3. \ 2 § z %» f // z \» \$ \ _0 0 / k 0 / \\ - C 8 b - ` \ 2e @- k � ° 2 § i \ \ 6 . & . o . ■ . ! ° ■| ! ^ \ . | . | .| . : §III �� TI - ■; EXHIBIT "Parcel 1P" Page 1 of Z Fort Collins—Loveland Water District Permanent Easement#1 August 1, 2001 A pipeline easement located in the Northwest Quarter of Section 23, Township 6 North, Range 69 West of the 6`s P.M., County of Larimer, State of Colorado, said easement being 15 feet on each side of the following described centerline: Commencing at the Northwest comer of Section 23, Township 6 North, Range 69 West of the 6`h P.M.; Thence North 89°21'34"East, along the north line of the Northwest Quarter of said Section 23, a distance of 1577.63 feet to the Point of Beginning; Thence South 03°54'22"West, a distance of 45.14 feet; Thence South 89021'34"West, a distance of 254.88 feet to the West line of that parcel of land described in deed recorded as Reception No. 97043051 and the Point of Termination. The sidelines of said easement being extended or shortened to the property lines of that parcel of land described in deed recorded as Reception No. 97043051. Said easement contains 9,002 square feet(0.207 acres),more of less. Basis of Bearings: Assumed North 89°21'34"East along the north line of the Northwest Quarter of said Section 23. Said line being monumented at the Northwest comer by a 2 Y2" aluminum cap, L.S. 17662 in a range box, and at the North Quarter corner by a 3 Y1' aluminum cap, L.S. 14823. For and on Behalf of Nolte Associates, Inc. Laine A. Landau Colorado P.L.S. 31159 N:\Fc0139\Documents\easements\PipehneEascments.doc Page 2of2 2 $ § N a g a _ - 0 0 § } V) 2E / ! @ 0o Fn \ L § ( U - o w � z w Cr § I $ \ u Co - ' z § \ Z j \ \ § / E o � �^ 00 L $ / y o 2 2 . \ 00 z \ ` CY) / | ■| IL tt af | |■ . � | | . §| } \ ~ z • a | � ■| EXHIBIT "Parcel 413" Page 1 of 2 Fort Collins—Loveland Water District Permanent Easement#4 August 1, 2001 A pipeline easement located in the North Half of Section 22, and the West Half of Section 15, Township 6 North, Range 69 West of the 6`h P.M., County of Larimer, State of Colorado, said easement being 15 feet on each side of the following described centerline: Commencing at the Southeast corner of Section 15, Township 6 North,Range 69 West of the 6`h P.M.; Thence North 89°12'19"West, along the south line of the Southeast Quarter of Section 15,Township 6 North, Range 69 West of the Oh P.M., a distance of 30.00 feet; Thence South 00°03'35"West, along the west right of way line of County Road No. 17, a distance of 101.22 feet to the Point of Beginning; Thence North 67°43'25"West, a distance of 12.28 feet; Thence North 89°12'19"West, a distance of 2644.28 feet; Thence North 89°31'30" West, a distance of 2621.68 feet; Thence North 00°18'01" East, a distance of 3043.75 feet; Thence North 90°00'00" West, a distance of 24.63 feet to the east right of way line of County Road No. 19 and the Point of Termination. The sidelines of said easement being extended or shortened to the right of way lines of County Road No. 19 and County Road No. 17. Said easement contains 250,398 square feet(5.748 acres), more of less. Basis of Bearings: Assumed North 89°12'19"West along the south line of the Southeast Quarter of said Section 15. Said line being monumented at the Southeast comer by a 2 %:" aluminum cap, L.S. 17662 in a range box, and at the South Quarter comer by a 2" aluminum cap, L.S. 32444. For and on Behalf of Nolte Associates, Inc. Laine A. Landau Colorado P.L.S. 31159 N:\Fc0139\Documents\easements\PipelineEasements.doc EXHIBIT"Parcel 4P" Page 2 of 2 w w m Ll Ob02! 11N(100 z N 0_ W xZ LLJ �Z M O 00 LLJ O ii7 N O W W 0 W II U7 (n Z En a-I V F— Q- m M„S£,�O.00S m z ZZ'l0 l -i � o p X 00 Z_ N ON Li m� �' 6 O N p L. Z J Q I N� N00 Z—U, Q m O(0 F— H 00 N 00 LLJN m 0 I Li Z 'p W V) C Z 0 p� Z ` V 5 UJ z `,4 J ` \J Q N J W a 00 I F- z Z 10 z_ ` ) Z z_ J J O m o U � d 0 o x o U g®$ W CY W O 0 z 0 ~ 0� F w U U \ N (n A • 2 � A � 00 Z �N 0 0n 0 00 N < N z e Li Z LLJ 3 0 r S O. 0 — W — r i O M U Z Y O '0 0 Z 0_ Z C Opt •� 0 00 i 8 Z_ O N \U U H 0 U O Z �i V) W i q a 9L'Cti02 En in Y 3„10,81.00N o z 6l OVO2I ,11Nf100 > Y p r C� EXHIBIT"Parcel 513" Page 'I of 2 Fort Collins—Loveland Water District Permanent Easement#5 August 1, 2001 A pipeline easement located in the Northeast Quarter of Section 16, Township 6 North, Range 69 West of the 6a'P.M., County of Larimer, State of Colorado, said easement being 15 feet on each side of the following described centerline: Commencing at the Northeast corner of Section 16, Township 6 North, Range 69 West of the 60'P.M.; Thence South 89°44'37"West, along the north line of the Northeast Quarter of said Section 16, a distance of 30.00 feet; Thence South 00°17'20"West, along the west right of way line of County Road No. 19, a distance of 2310.48 feet to the Point of Beginning; Thence North 90°00'00"West, a distance of 17.00 feet; Thence North 00'17'20"East, a distance of 2187.44 feet; Thence North 45°00'00" West, a distance of 130.88 feet to the south right of way line of Trilby Road and the Point of Termination. The sidelines of said easement being extended or shortened to the right of way lines of County Road No. 19 and Trilby Road. Said easement contains 70,059 square feet(1.608 acres),more of less. Basis of Bearings: Assumed South 00'17'20"West along the east line of the Northeast Quarter of said Section 16. Said line being monumented at the Northeast corner by a 2 ''/s" aluminum cap, L.S. 25619 in a range box, and at the East Quarter corner by a 2 %z" aluminum cap, L.S. 5619 in a range box. For and on Behalf of Nolte Associates, Inc. Laine A. Landau Colorado P.L.S. 31159 N:\Fc0139\Docuinents\easements\PipelineEasements.doc EXHIBIT"Parcel 5P" Page 2 of 2 w g W �\n� 3i ei e� 2 1 \VI Zr/ w N Q � IYL z Z -j O N Q Z OU C O Ln Of } U O aL. m m �_ t H _ O0 O W y� L F O H aS U IQ UJ K O Z Z0 z 'p Z o oLU z S 30 sisve MOZ,LlOS Z 0oo � K 3S / 3N 3NIl Sd3 m �o N LI w > N � N z vwi 8ti'OICZ w J W M„OZ,L LOOS i F- H Z 10 0 6l dbOb AlNf1O� c LU Z (T' , oa Cl) oo :Y O Z 00 cV � Z O O V} C!b)M0 �00 o L W o n o 00 Od � Z OLL Z �.. d Z ~0 W Z O O } U L i $ Y Y 0 � z <r r �r O � TIME: 9:22 a.m. DATE: 08/09/01 PATH: N:\FC0139\CADD\CIW\ SERVER: FCS1 SERVICE: PROJECT DRAVANG NAME: ETMCINITY.DWG %REFS: l l _ 'w ._ •1' r ff HARMONY �1, ��� _ HARMOi ---,?HA A ONY Wo Ca u ` �l �me.ap:' yW , �+ r� v y. ti i r ' LARIMER COUNTY _ j 10 `- •v .y, ` k _. / 'Y LANDFILL _. -♦ `�,,_" '( � 1 o� 1�)` .,� ANK SI rE1 \ �,\ ' (. r. \�:`\�i=� .. v4.r 1., _'�I�.. /f h i �:• `b R 21) V) RIDGEWOOD HILLS \\ �s i If Ll I i � I �'• �� �1, �1 Q� 4\�� awl I\� � `} � ; / 1 ;) x`: FCLWD PROPOSED TANK SITE SHEET NUMBER VICINITY MAP 1 *ETON& arelramalms OF 1 SHEETS 1M MR pMF on sm A m ff am=OL AtIN JOB NUMBER meur Ta mows FAX wwmyn PREPARED FOR: FCLWD DATE BUBMRTED: 8/9/01 FC!1199 IYYYMy G2•�Y■rq MII!! IOI IM¢t 1 foyr_ I �` x� opt r N p J u ((`J ' -�' It It l r ! jj me 1, °. ■ 1k.. ��,��,1 \,GR 17 (SHIELDS) � 1 121- ` ���y �—�/— r.. / .� .y � `^ ��✓`-^ter.:��-���` -�.:� r, ° A, RIDG :WOOD HILLS TANK AND PIPELINE All ■ _ FT. COLLINS / LOVELAND WATER DISTRICT •■.•■. ■■•■■■■■■■• 16' WATERLINE EASEMENT INDEX MAP _ s_ PIIBM®fpY •6oDY Move m DATE A■MDY@ M WM Community Planning and Environmental Services Natural Resources Department MEMORANDUM FROM THE CITY OF FORT COLLINS City of Fort Collins NATURAL RESOURCES ADVISORY BOARD DATE: August 15, 2001 TO: Mayor and Council Members John Fischbach, City Manager FROM: Randy Fischer on Behalf of the Natural Resources Advisory Board SUBJECT: Recommendation on Fort Collins/Loveland Water District Easement Requests At its August 1, 2001, meeting, the Natural Resources Advisory Board (NRAB) heard staff presentations on two related utility easements requested by Fort Collins/Loveland Water District (the District). The Board recommends Council approval of the District's easement request to install underground water transmission lines on parts,of Coyote Ridge, McKee, and Long-View Farm Natural Areas. However, the Board voted 6 to 1 to recommend denial of a similar - easement requested by the District through the Cathy Fromme Prairie Natural Area. The NRAB's recommendations on these two easement requests are discussed below. Coyote Ridge Easement Request The Board recommends Council approval of the Coyote Ridge easement request because the proposed alignment is mostly consistent with guidelines established in the newly adopted natural areas easement policy. This easement was negotiated in a spirit of compromise by the District to minimize the potential impacts on.the natural areas. Alternative alignments were given consideration before selecting the final pipeline alignment. The Board commends Staff and the District for selecting an alignment that avoids the use of natural area to the extent possible. The pipeline will be within the existing Taft Hill Road right-of-way, except where,it will cross the McKee property, currently a dry land wheat farm. Although the Board expressed y concern over possible future impacts of repairs or replacement of the proposed water line, we consider the requested easement the least objectionable alternative available at this time., Cathy Fromme Prairie Request The Board voted to recommend denial of the District's request to cross Cathy Fromme Prairie for the following reasons: • The District's proposed alignment is 175 feet to the east of Taft Hill Road, well outside the existing road right-of-way. If approved, this proposed alignment will have significant adverse impacts on sensitive native plant and animal communities and is inconsistent with the guidelines contained in the newly adopted natural areas easement policy. These guidelines state that underground utility easements are to be located within the existing rights-of-way when possible. • in contrast to the Coyote Ridge easement, the District failed to compromise on the selection of the proposed alignment through the Cathy Fromme Prairie. Alternative alignments were Recommendation on Fort Collins/Loveland Water District Easement Requests August 15, 2001 Page 1 of 2 281 North College Avenue • P.O.Box 580 • Fort Collins,CO 80522-0580 • (970)221-6600 • FAX(970)224-6177 not adequately pursued or presented to the Board. For example, the District currently maintains an 18-inch waterline within the northbound lane of the existing Taft Hill Road right- of-way. According.to staff, space exists for installation of the proposed 36-inch line in the southbound lane of Taft Hill Road. However, this alternative appears not to have been seriously evaluated or considered by the District. • The District recently completed installing the northern section of its new pipeline that spans the half mile between the new Harmony/Taft Hill Road and the old Harmony/Taft Hill Road Intersections. In this half mile, the pipeline was installed in the southbound lane of Taft Hill Road, as private property exists on both side of the road. However, the unfinished section of the proposed pipeline south of old Harmony Road angles eastward where the publicly- owned natural area property begins. So, instead of staying within the road right-of-way, the proposed alignment traverses the natural area for the next 2 miles to the south. Board believes the use the natural area for the southern section of the pipeline is unnecessary when the District previously used the roadway for the northern section. • The District refuses to compensate staffs time spent in processing this easement request. Hence, the application fee assessed by the City is inconsistent with the newly adopted natural areas policy that requires full compensation of all staff time spent in processing easement requests. • Approval of this easement, as requested, creates the impression that natural areas have little value to the community and that the City is unwilling to preserve the lands the citizens have repeatedly expressed their trust in the City to preserve. • Restoring the native vegetation destroyed during construction of the pipeline will be extremely difficult, if not impossible. The damaged section will consist of a swath 100 feet wide extending for 2 miles at a distance of 175 feet out into the natural area. This swath will be highly visible from Taft Hill Road. To demonstrate just how devastating the destruction of native short-grass prairie can be, consider the results of a recent project in Cathy Fromme Prairie completed by South Fort Collins Sanitation District, the District's wastewater counterpart. A year after installing anew sanitary sewer, the former pristine short-grass prairie is now bare ground infested with noxious weeds. The NRAB urges Council to realize that natural areas are highly valued community facilities. These areas have become an integral part of the fabric of our community. We recommend that Council establish a positive precedent that natural areas are irreplaceable community facilities and are not free to be misused. We recommend denial of the District's request through Cathy Fromme Prairie. As always, please feel free to contact me with any comments or questions regarding the Boards recommendation on this issue. -Yo�yyw`��.tr�ulyy, Randy Fitcher, Chair Natural Resources Advisory Board 226-5383, e-mail: karand(Mrii.com