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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 11/01/2011 - FIRST READING OF ORDINANCE NO. 155, 2011, AUTHORIZDATE: November 1, 2011 STAFF: Ken Sampley Lindsay Kuntz AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 22 SUBJECT First Reading of Ordinance No. 155, 2011, Authorizing Conveyance of a Non-Exclusive Utility Easement on City Property to Public Service Company of Colorado. EXECUTIVE SUMMARY The City of Fort Collins owns land south of Zach Elementary School along McClelland’s Creek known as Outlot D of McClelland’s Creek PD & PLD and Outlot D of McClelland’s Creek PD & PLD 2nd Filing (the Property). The Property was dedicated on the McClelland’s Creek plats as easement for landscape, drainage, and utility purposes. The Property is part of the McClelland’s Creek Drainage Basin and is owned and maintained by City’s Stormwater Utility. McClelland’s Creek conveys stormwater flows to the Fossil Creek Reservoir Inlet Ditch. Public Service Company of Colorado (Xcel) has planned a project to install a gas line to service the proposed residential development to east of the City’s Property. The gas line will extend east from Xcel’s existing service line off of Rock Dove Drive across property owned by the City, as well as, property owned by Poudre School District. The line will run adjacent and parallel to an existing sanitary sewer easement on the City’s Property. Xcel has requested the City grant a 10-foot wide utility easement across the City’s property for the installation and maintenance of the new gas line improvements. BACKGROUND / DISCUSSION The residential development to the east of the City property, known as McClelland’s Creek PD & PLD 2nd Filing was platted in 2008, but has not yet been constructed. Xcel plans to install the new gas line to service this development from their existing line located in the existing development to the west. The new gas line will be bored underground from the existing line location adjacent to Rock Dove Drive. The alignment of the bored gas line will be located approximately 30 inches below the low flow line of the creek located on the City’s Property and run parallel and adjacent to an existing 30-foot sanitary sewer line. The boring work is not anticipated to cause any surface disturbance within City’s property. Xcel plans to start the project in 2012. City Utilities staff has reviewed and approved the proposed gas line alignment and proposed work on the City’s property. FINANCIAL / ECONOMIC IMPACTS Real Estate Services utilized past acquisition costs for similar stormwater properties, as well as, comparable sales data to estimate the value of the easement area. The City property has limitations on its use as it is located almost entirely in floodway and is also entirely dedicated as a landscape, utility, and drainage easement on the McClelland’s Creek PD & PLD plats, which affect the value of the property. Xcel has agreed to compensate the City $1,150 for the value of the easement and for City staff time to process the easement. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARDS / COMMISSIONS RECOMMENDATION At its October 20, 2011 meeting, the Water Board voted unanimously to recommend approval of the easement conveyance. November 1, 2011 -2- ITEM 22 ATTACHMENTS 1. Xcel Easement Location Maps 2. Xcel Easement Project Detail 3. Water Board Meeting Minutes – October 20, 2011 Looking east from approximate location of Easement 2 Looking east from approximate location of Easement 1 North Attachment 1 – Page 3 of 3 N North www.bing.com Poudre School District Property City Property No change anticipated in ‘after condition’ ATTACHMENT 3 Excerpt from Unapproved Water Board Minutes, October 20, 2011 Authorizing Conveyance of a Non-Exclusive Utility Easement on City Property to Public Service Company of Colorado (Attachments available upon request). Utilities Executive Director Brian Janonis gave background information on this item. He stated these types of easements are not normally brought to the Water Board but that he requested this item be presented to the board for consideration before presentation to Council. Stormwater and Floodplain Program Manager Ken Sampley introduced the topic and introduced Real Estate Specialist Lindsay Kuntz. Mr. Sampley gave background information for the Xcel Easement on McClelland’s Creek. Xcel has requested a 10’ foot wide utility easement for the purpose of installing a gas line to a new development east of the creek. The proposed gas line will be bored underground and will be at least 30 inches below the creek flow line. There is no anticipated surface disturbance. Construction will be scheduled sometime in 2012. Mr. Sampley explained the easement alignment and detail map. Part of the easement would cross Poudre School District property. The property and creek is owned and maintained by the City of Fort Collins’ Stormwater Utility. Real Estate Services has determined a value for the easement based on past acquisition costs for similar stormwater properties and the fact that the property is in the floodway. This item has also been presented to the Natural Resources Advisory Board. Board Member Gessler moved the Water Board recommend that City Council consider approval of conveyance of a utility easement on City Property to Public Service Company, consistent with staff’s recommendations. Board Member Brown seconded the motion. Discussion on the motion: How big is the gas line? The gas line, including the encasing, is approximately 6 inches. Vote on the motion: It passed unanimously. ORDINANCE NO. 155, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT ON CITY PROPERTY TO PUBLIC SERVICE COMPANY OF COLORADO WHEREAS, the City is the owner of real property located in Fort Collins, Colorado, known as Tract D of McClelland’s Creek PD & PLD and Tract D of McClelland’s Creek PD & PLD 2nd Filing (the “Property”); and WHEREAS, the Property is part of the McClelland’s Creek Drainage Basin and is owned and maintained by the City’s Stormwater Utility; and WHEREAS, Public Service Company of Colorado (Xcel) is requesting a ten foot wide utility easement across the Property for the installation and maintenance of new gas line improvements that will serve a proposed residential development east of the Property; and WHEREAS, the proposed easement is in two sections described and shown on Exhibit “A”, attached and incorporated herein by reference (the “Easement”); and WHEREAS, Xcel has agreed to pay the City $1,150 as compensation for the Easement and for City staff’s time to process this request; and WHEREAS, City Utilities staff has reviewed and approved the proposed Easement and related work on the City’s Property; and WHEREAS, the Water Board voted unanimously to recommend approval of the Easement conveyance at its regular meeting on October 20, 2011; and WHEREAS, Section 23-111 of the City Code states 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 part of the City’s 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. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Easement on the Property to Xcel as provided herein is in the best interests of the City, will not materially impair the viability of the Stormwater utility system, and is 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 Easement to Xcel 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 to be necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Easement, as long as such changes do not materially increase the size or change the character of the Easement. Introduced, considered favorably on first reading, and ordered published this 1st day of November, A.D. 2011, and to be presented for final passage on the 15th day of November, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 15th day of November, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk