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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/17/2001 - ITEMS RELATING TO CONVEYANCE OF VARIOUS EASEMENTS AGENDA ITEM SUMMARY ITEM NUMBER: 7 A-B DATE: July 17,2001 FORT COLLINS CITY COUNCIL Mark Sears FROM: Alan Krcmarik SUBJECT: Items Relating to Conveyance of Various Easements Relating to the Provincetowne P.U.D., Second Filing. RECOMMENDATION: Staff recommends adoption of the Ordinances on Second Reading. EXECUTIVE SUMMARY: A. Second Reading of Ordinance No. 82, 2001, Authorizing the Conveyance of Non- exclusive Easement Interests for the Construction of Storm Drainage Improvements for Provincetowne P.U.D. Second Filing on a Portion of the City's Provincetowne Property Planned as Future Natural Area Property. B. Second Reading of Ordinance No. 83, 2001, Authorizing the Conveyance of Non- exclusive Easement Interests for the Construction of Storm Drainage Improvements and a Sixteen-Inch Water Line in Connection with Provincetowne P.U.D. Second Filing on a Portion of the City's Provincetowne Property. Ordinance No. 82, 2001, which was unanimously adopted on First Reading on June 19, 2001, authorizes the construction of two drainage swales, a new storm sewer line, and a detention pond on the future natural area to connect to existing culverts under Lemay Avenue which ultimately drain to Stanton Creek. Ordinance No. 83, 2001, which was also unanimously adopted on First Reading on June 16, 2001, authorizes the construction of a 16-inch water line to connect to an existing Fort Collins-Loveland Water District water line in College Avenue. The water line will provide water service for a portion of the development. AGENDA ITEM SUMMARY ITEM NUMBER: 22 A-B DATE: June 19,2001 FORT COLLINS CITY COUNCIL Mark Sears STAFF: Alan Krcmarik SUBJECT: Items Relating to Conveyance of Various Easements Relating to the Provincetowne P.U.D., Second Filing. RECOMMENDATION: Staff recommends adoption of the Ordinances on First The Natural Resources Advisory Board chose not to make a formal recommenda § against the y,. proposed easements (see attached memo). s,a x2 FINANCIAL IMPACT: The developer of the Provincetowne P.0 D ' Filing KB HOME COLORADO, will be responsible for all costs associated with the 11V�itis ctionof the water line and drainage improvements and restoration of disturbed areas The-'developer has agreed to pay a total of $201,747 as compensation to th City or the temporary construction easements and the permanent easements. The val e ents are based;;upon the fee value of the land established in the Purchase Agreement with ME and usffi typical land use factors for the specific type of easements. ?" k dP EXECUTIVE SUM"$ s F A First Reading of Ordin 82, 2001 z, u orizing the Conveyance of Non-exclusive Easement Interests for Colon of Storm Drainage Improvements for 'Provincetowne P.U.D. Second Filing on a Portion of the City's Provincetowne Property My Planned as Future Naturat"Area Property. B. First Reading of Ordinance No. 83, 2001, Authorizing the Conveyance of Non-exclusive Easement Interests for the Construction of Storm Drainage Improvements and a Sixteen- .,,d Ri 'Water Line in Conn ection nection with Provincetowne P.U.D. Second Filing on a Portion of the C!ty*!iT v— etowne Property. The City of Fort Collins became the owner of approximately 341 acres of property located south of Trilby Road, west of Lemay Avenue, north of Carpenter Road, and east of College Avenue after the property was sold at tax sale in 1990 (the "Provincetowne Property"). Pursuant to Ordinance No. 41, 1996, the City entered into an agreement to convey approximately 181 acres of the Provincetowne Property to Pridemark Homes (the "Development Property"). Pridemark has since been purchased by KB HOME COLORADO, Inc. ("KB HOME"), and various addenda to the original contract have been executed. The southern 160 acres of the Provincetowne Property, which includes Benson Reservoir, is planned to become part of the DATE: June 19, 2001 2 ITEM NUMBER: 22 A-B City's Natural Areas program for use as a natural area, after an appropriate compensation amount for the property is determined and a transfer of appropriations for that purpose authorized. In connection with the planning and development of Provincetowne P.U.D., Second Filing, on the Development Property, certain drainage and water line easements have been identified. The proposed drainage easements will allow the construction of two drainage swales, a new storm sewer line, and a detention pond on the future natural area to connect to existing culverts under Lemay Avenue which ultimately drain to Stanton Creek. The proposed water line easement is intended to allow the construction of a 16-inch water line to co eft to an existing Fort Collins-Loveland Water District water line in College Avenue. The w e will provide water service for a portion of the development. BACKGROUND: KB HOME COLORADO, Inc. is the contract purchaser fro ir}thew a $r " tract of land located in southeast Fort Collins, north of Carpenter Road and wes nue. KB HOME has received final approval on Provincetowne P.U.D., Second Filing, g the approval of these easements. As a condition of its approval for the Provi goMPUIPecond Filing, KB H,0ME, is required to obtain easements for the installat[oii:,, f the offsite-drainage improvements and a water line. The drainage improvements consist of two;drainage swales, a storm sewer pipeline and a detention pond. These improvements wilt allow the stormwater collected on the 0!1, Provincetowne P.U.D. to cross future City natural area,p"erty and be detained in a detention pond on that property. The w ` 1L'theidrain througheielUng culverts under Lemay Avenue and ultimately to Stanton Crr'. e 16-in line wiW'6�ect_to an existing Fort Collins- Loveland Water District water line in College, enue to provide,water service to a portion of the development. KB HOME is requesting the permanent and temporary construction easements necessary to construct and maintain the improvemen$ The costs for the.Rrovmcetowne P.U.D. offsite easements across City-owned property are shown below. Thereis`a section of 6ne.of the drainage swales and the water line that crosses land that is on prop iritdeerty KB HOME has= �crcontract to acquire from the City in the future. For those easements, KB HOME will pay fdttte Czfy 50%of fee value for the easements and then will pay the aining 50% of fee value in the future when fee title to that land is conveyed. The value of easements on the future atural area property will be reduced from the total amount tran ed from the Natural Areas program when that property becomes a part of the Natural Are +FPS m h. The co xude $10,588 24 @ 7.5% simple interest per annum, that KB HOME agreed to in December t9t?$�'!bdrqu t to present dollars is $13,235 per acre ($10,588.24 + [$10,588.24 x .075 x 3.333 years] '="$13235}. KB HOME needs temporary and permanent easements for drainage swales, a detention pond, a storm sewer pipe, and a water line. Based upon the valuation of easements, KB HOME will pay 75% of the fee value for the detention pond area, and 50% of the fee value for the areas used for swales and pipelines. For the temporary construction easements, KB HOME will pay 10% of fee value per year prorated for 6 months of construction, or 5% of the land value. DATE: June 19, 2001 3 ITEM NUMBER: 22 A-B Under the terms of the easement agreement negotiated with KB HOME, the Natural Resources Department will be responsible for the ongoing maintenance and management of the vegetation on the future natural area property after KB HOME has completed the final grading and initial seeding, in exchange for the payment by KB HOME of$2,450 per acre. This cost is based on the Department's estimate of the potential costs of weed control and reseeding as necessary over the anticipated ten years that it will take to fully restore the vegetation. KB HOME will maintain and warranty the trees and shrubs for two years. The total compensation for easements on the future natural area propie _r - s follows: Permanent Drainage Swales Easement 10.484 ac @ $13,235/ac X 50% = $69,3w Permanent Storm Sewerline Easement 1.676 ac @ $13,235/ac X ,56% = $111091 Permanent Detention Pond Easement 3.053 ac @ $13,235/ac X % _ $30,305f Temporary Construction Easements 4.505ac @ $13,235/af •` &l-k Vegetation Management 19.718 ac @ $ 2,450/ac — 09.. Sub-total Compensation $1621064 The total compensation for easements on the iarcel to Ire acquired by KB H11 is as follows: .411 � F ; s Permanent Water line Easement 1.626 ac @ '" $13,235/ac 50% =$10,760 Permanent Drainage Swales Easement 2.585 ac @ $13,2J lac X 50% = $17,106 'c, Temporary Construction Easements _.,,' 2.3S7,ac @ $13 2�5�ac, X 5% = $ 1,560 Sub-total Compensation Total Compensation $191,490 l All The placement of the drainage swales and detention pond for Provincetowne P.U.D. Second Filing on the future natural area property has saved KB HOME over $70,000 in land costs alone. Construction o fthe,detention,pond onsite, would have required more land for the development and woul lave resulted m'muCh 7iigher construction costs. By approving these easements, the City asists KB HOME in 10 ::the costs"of the affordable housing portion of the Provirudetowne P.U.D. ME has worked with Natural Resources staff to design the swales and detention pond to KB° h° be an' enity to the future natural area property. The drainage swales and detention pond will be planted w'�ith native grasses, trees and shrubs and graded to provide small wetlands. The storm sewer a will be constructed adjacent to Lemay Avenue to minimize disturbance to the future nrv$ arearoe;L _,;Jte future natural area property in the area of the improvements is approximate y all$O-AC_iirome grass (non-native grass) field, which will eventually be restored to native grasses and shrubs. A total of 20 acres of land will be disturbed and restored to native grasses and shrubs during the construction activity. Natural Resources is planning to restore the remaining 60 acres to native grasses and shrubs shortly after the drainage improvements have been completed to take advantage of the restoration work to be completed by KB HOME. DATE: June 19, 2001 4 ITEM NUMBER: 22 A-B KB HOME has also agreed to all recommendations made by Natural Resources staff regarding resource protection during construction and restoration of the future natural area property following construction. According to these resource protection measures, KB HOME will: • coordinate all construction and restoration activities with the Natural Resources Department; • provide and implement an erosion control plan; • time construction to avoid periods of time when sensitive wintering birds of prey, nesting burrowing owls, and denning foxes, coyotes or badgers are present; • survey prairie dog burrows to determine occupancy and then relocat gate prairie dogs in accordance with the City's policy for management of prairie do n City natural areas; • maintain a buffer of a minimum of 600' between construction activities and an existing Swainson's hawk nest site during nesting; , • post signs explaining the purpose for the drainage improv • strip and stockpile 8" of topsoil for replacement on the disturbed are , • reseed disturbed areas in accordance with Natural Resources specifications; • plant native trees and shrubs along the swales and em for two years; "" • create pocket wetlands along the swales belo ,c do e; and • construct drop structures using gray or tan t-red boulde 9r. Based upon the final plans and the easement agFeeemeats, whicli provide for adequate resource 01 protection measures, ongoing swale maintenance requirements, and fair compensation for the easements, staff recommends approval of the proposed�, ements. The construction of these improvements will not disturb;sea4rtrp on and occur during periods of the year when especially sensitive w life species" at on th ri constriction will create only a short-tern disturbto the future n 'area prop�t;?and will restore the land to 1 native vegetation. The landscaping of the drainage swales and` detention pond will provide wetlands, trees, and shrul�^`;which will increase the diversity of the wildlife habitat on this future natural area. ,1 The Natura resources Adviso�Boazd chose not to make a formal recommendation in support of or ast the proposed ens see attached memo). o "91 LY: c t � q