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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/01/2001 - FIRST READING OF ORDINANCE NO. 84, 2001, AUTHORIZI AGENDA ITEM SUMMARY ITEM NUMBER: 18 FORT COLLINS CITY COUNCIL DATE: May 1, 2001 lip STAFF: Mark Sears SUBJECT: First Reading of Ordinance No. 84, 2001, Authorizing the Conveyance of a Temporary Construction Easement for the Construction of Road Improvements Relating to the Widening of South Shields Street Adjacent to the Colina Mariposa Natural Area. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. The Natural Resources Advisory Board has reviewed the plans for the road widening and recommends to Council that the temporary construction easement across the natural area be granted. FINANCIAL IMPACT: Larimer County will be responsible for all costs associated with the road widening project and restoration of disturbed areas. The County has agreed to pay a total of$270 as compensation to the City for the temporary construction easement. The values for the easements are based upon the market value of the property of$15,000 per acre, and applying the typical land use factor for this type of easement. EXECUTIVE SUMMARY: The City of Fort Collins owns the Colina Mariposa Natural Area on the southeast corner of Shields Street and Trilby Road as part of the City's Natural Areas program. The County is proposing to widen a portion of Shields Street adjacent to Colina Mariposa (which is still in the County) in coordination with road widening work that is being done by the Registry Ridge development. The road improvements involve widening the existing narrow two-lane road to provide bike lanes. This is the last "bottleneck" of narrow road on Shields Street between Fort Collins and Loveland. The widening should provide enhanced safety and comfort for bicyclists and motorists. BACKGROUND: The County needs two small temporary construction easements, a total of 0.36 acres, to extend a culvert on the east side of Shields Street and modify the drainage ditch along the road. The construction activities will not disturb any areas that currently have native vegetation and the County will restore the disturbed areas to native vegetation. DATE: May 1, 2001 2 ITEM NUMBER: 18 The total compensation for Natural Resources is as follows: Temporary Construction Easements 0.360 ac C@ $15,000/ac X 5% = $ 270 The County has agreed to all recommendations made by Natural Resources staff regarding resource protection during construction and restoration of the natural area property following construction. The resource protection measures generally require the County to: • coordinate all construction and restoration activities with the Natural Resources Department; • provide and implement an erosion control plan; • strip and stockpile 8" of topsoil for replacement on the disturbed areas; • reseed disturbed areas per Natural Resources specifications; and • manage vegetation until the vegetation has been adequately established. 2 ORDINANCE NO. 84,2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT TO LARIMER COUNTY FOR THE CONSTRUCTION OF ROAD IMPROVEMENTS RELATING TO THE WIDENING OF SOUTH SHIELDS STREET ADJACENT TO THE COLINA MARIPOSA NATURAL AREA WHEREAS, the City of Fort Collins owns that certain real property located to the southeast of the intersection of Shields Street and Trilby Road in Larimer County,Colorado,and known as the Colina Mariposa Natural Area(the "Natural Area"); and WHEREAS, in order to complete the widening of a portion of Shields Street in conjunction with other pending road improvements, the County has requested that the City grant to the County a nonexclusive temporary construction easement for its construction activities on certain portions of the Natural Area Property totaling .36 acres in size, as described on Exhibit "A" as Temporary Easements 1 and 2, attached hereto and incorporated herein by this reference (the "Temporary Construction Easement"); and WHEREAS, City staff has negotiated an easement agreement for the foregoing easement, and a draft of the same,dated April 27, 2001, is on file in the office of the City Clerk and available for public inspection (the"Easement Agreement"); and WHEREAS, in exchange for the grant of the foregoing easement, the County has agreed to pay to the City the fair market value of the same, in the total amount of$270; and WHEREAS, the County has worked with City staff to minimize disturbance to the Natural Area; and WHEREAS,the County has agreed to regrade and reseed the areas impacted by construction in accordance with City specifications, to comply with specified standards for time and manner of construction activities and will manage vegetation until it is adequately reestablished; and WHEREAS,staff recommends approval of the Easement Agreement in view of the resource protection measures to which the County has agreed,and in view of the enhanced safety to bicyclists and motorists that is expected to result from the County's widening of Shields Street; 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 Easement,as set forth herein, is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute the Easement Agreement,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. Introduced,considered favorably on first reading,and ordered published this 1st day of May, A.D. 2001, and to be presented for final passage on the 15th day of May, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 15th day of May, A.D. 2001. Mayor ATTEST: City Clerk EXHIBIT W LEGAL DESCRIPTION—TEMPORARY EASEMENTS PN 234 TEMPORARY EASEMENT 1: Beginning at the West 'A comer of Section 14,Township 6 North,Range 69 West, of the Oh P.M.thence South 00 06' 19"East 360 feet,thence South 90 00' East 50 feet to the Point of Beginning;THENCE North 00 00' East 120 feet,thence North 90 00' East 80 feet,thence South 00 00' East 120 feet,thence North 90 00' West 80 feet to the TPOB. TEMPORARY EASEMENT 2: Beginning at the West '/4 corner of Section 14,Township 6 North,Range 69 West,of the Oh P.M.,thence South 00 06' 19"East 435 feet,thence South 90 00' East 50 feet to the Point of Beginning; THENCE North 90 00' East 90 feet,thence South 00 00' East 54 feet,thence North 90 00' West 90 feet,thence North 00 00' East 54 feet to the TPOB. 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