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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/16/2014 - SECOND READING OF ORDINANCE NO. 176, 2014, AUTHORIAgenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY December 16, 2014 City Council STAFF Tawnya Ernst, Real Estate Specialist III John Stokes, Natural Resources Director Mark Sears, Natural Areas Program Manager SUBJECT Second Reading of Ordinance No. 176, 2014, Authorizing the Conveyance of a Non-Exclusive Utility Easement on North Shields Ponds Natural Area to East Larimer County Water District. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on December 2, 2014, authorizes the conveyance of a non-exclusive utility easement to East Larimer County Water District on North Shields Ponds Natural Area. Larimer County has requested that East Larimer County Water District (ELCO) relocate an existing meter vault that resides in the right of way along the western side of North Shields Street as a part of the larger North Shields Street widening project. The new vault will reside in a location within the same gravel parking lot as it is currently located at North Shields Ponds Natural Area. Because the new location will be outside the right-of- way, a non-exclusive easement will be needed from the City. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, December 2, 2014 (w/o attachments) (PDF) 2. Ordinance No. 176, 2014 (PDF) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY December 2, 2014 City Council STAFF Tawnya Ernst, Real Estate Specialist III John Stokes, Natural Resources Director Mark Sears, Natural Areas Program Manager SUBJECT First Reading of Ordinance No. 176, 2014, Authorizing the Conveyance of a Non-Exclusive Utility Easement on North Shields Ponds Natural Area to East Larimer County Water District . EXECUTIVE SUMMARY The purpose of this item is to authorize the conveyance of a non-exclusive utility easement to East Larimer County Water District on North Shields Ponds Natural Area. Larimer County has requested that East Larimer County Water District (ELCO) relocate an existing meter vault that resides in the right of way along the western side of North Shields Street as a part of the larger North Shields Street widening project. The new vault will reside in a location within the same gravel parking lot as it is currently located at North Shields Ponds Natural Area. Because the new location will be outside the right-of-way, a non-exclusive easement will be needed from the City. STAFF RECOMMENDATION Staff recommends adoption of this Ordinance on First Reading. BACKGROUND / DISCUSSION In 2013, Larimer County began working with the City on several smaller components of the larger North Shields Street widening project, which will widen North Shields Street from two to three lanes to provide medians and turn lanes from the Arthur Ditch north to Willox Lane. Components of the project that the Natural Areas Department has been involved with includes easements conveyed for the larger footprint of the road and bridge, a new parking lot, trails and river access near the bridge, and filling in a small section of a pond at North Shields Ponds to allow for the wider road surface. As the project has moved forward, the County has identified existing improvements that need to be relocated to allow for the wider road. One of those improvements includes a meter vault owned by ELCO that is currently buried in the parking lot of North Shields Ponds within the existing right of way. The County notified ELCO that the vault must be moved prior to construction. The meter vault is currently buried in a location in the parking lot of North Shields Ponds, and the new location will remain in this same parking lot, just approximately 20 feet to the west. Currently the vault resides within the existing right of way; if left in its current location the vault would end up under the paved roadway. The proposed relocation will locate it out of the right of way, making the non-exclusive utility easement from the City necessary. The vault needs to move out from under the road for safety reasons and there is no room in the right of way. ELCO accesses this vault four times per year and it would not be safe to access the vault if it were under the roadway. ATTACHMENT 1 Agenda Item 12 Item # 12 Page 2 There is a short timeline for this project, as the County has asked ELCO to complete the project by the end of 2014. Impacts to the Natural Area will be very minor if any, with work only occurring within the existing gravel parking lot which is most desirable location for construction and improvements to be located to avoid resource impacts. The vault will be below grade, and a manhole cover will be the only aboveground evidence of the improvement. The alternatives analysis and public outreach requirements for this easement have been waived due to the desirable location and the inconsequential nature of the project. FINANCIAL / ECONOMIC IMPACTS The easement value has been calculated at $546. The typical administration fee of $1,500 will be assessed, but the restoration and ecological service impact fees will not be assessed due to the location of the easement being within the same parking lot that the existing vault is in and no restoration being required after the project. Total compensation: $2,046. ENVIRONMENTAL IMPACTS No negative environmental impacts are anticipated from this easement due to the location of the easement in a developed parking lot. BOARD / COMMISSION RECOMMENDATION At its November 13, 2014 meeting, the Land Conservation and Stewardship Board unanimously voted to recommend adoption of the ordinance on a non-exclusive Utility Easement to East Larimer County Water District. An excerpt of the meeting minutes is included as Attachment 4 . ATTACHMENTS 1. North Shields Ponds NA Location Map (PDF) 2. ELCO Easement Project Map (PDF) 3. Project Location images (PDF) 4. Land Conservation Stewardship Board minutes, November 12, 2014 (draft) (PDF) - 1 - ORDINANCE NO. 176, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE UTILITY EASEMENT ON NORTH SHIELDS POND NATURAL AREA TO EAST LARIMER COUNTY WATER DISTRICT WHEREAS, the City is the owner of a parcel of real property located in Section 3, Township 7 North, Range 69 West of the 6th Principal Meridian, County of Larimer, State of Colorado, identified in County records as parcel number 9703100902, which is part of the North Shields Ponds Natural Area (the “City Property”); and WHEREAS, Larimer County (the “County”) plans to start construction in early 2015 on its North Shields widening and Cache La Poudre River bridge replacement project (the “Project”); and WHEREAS, the Project would widen North Shields Street from a two-lane to three-lane road, replace the existing bridge, provide a trailhead parking lot, and add bike lanes and sidewalks from the Arthur Ditch north to Willox Lane; WHEREAS, to accommodate the Project, the County has asked East Larimer County Water District (ELCO) to relocate an existing meter vault currently located within the North Shields right-of-way to a new location within the gravel parking lot on the City Property so that the meter vault will be out of the paved right-of-way; and WHEREAS, because the new location of the meter vault will be on the City Property, ELCO is requesting a non-exclusive utility easement from the City to accommodate ELCO’s facilities; and WHEREAS, the proposed easement is shown and described on Exhibit “A”, attached and incorporated herein by reference (the “Utility Easement”); and WHEREAS, ELCO will pay the City $546 for the Utility Easement as well as a $1,500 administration fee for City staff’s time to process the easement request; and WHEREAS, City staff recommends that the City Council authorize the granting of the Utility Easement as described in this Ordinance; and WHEREAS, at its regular meeting on November 13, 2013, the Land Conservation and Stewardship Board voted to recommend that the Council approve the conveyance of the Utility Easement to ELCO; 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 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. - 2 - NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the conveyance of the Utility Easement on the City Property to ELCO as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Utility Easement to ELCO 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 description of the Utility Easement, as long as such changes do not materially increase the size or change the character of the property interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 2nd day of December, A.D. 2014, and to be presented for final passage on the 16th day of December, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of December, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk