HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/05/2016 - SECOND READING OF ORDINANCE NO. 038, 2016, AUTHORIAgenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY April 5, 2016
City Council
STAFF
Lindsay Kuntz, Real Estate Specialist
Carol Webb, Water Resources/Treatmnt Opns Mgr
Mark Kempton, Water Production Manager
SUBJECT
Second Reading of Ordinance No. 038, 2016, Authorizing the Conveyance of an Access Easement on City
Property to Peter and Crystal Harper.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on March 15, 2016, authorizes the conveyance of an
access easement on City property to a property owner to use as a driveway access to their residential
property. The City of Fort Collins owns a property on Highway 14 near the Munroe Tunnel, upstream from the
Water Treatment Plant #1 property. The property was purchased in 1977 in order to manage and protect the
City’s water supply. The Harpers own a property adjacent to the City property on which they are building a
residential home. The Harpers discovered that a portion of the driveway constructed for their home
encroached on the City property. The property owners ceased construction and contacted the City of Fort
Collins Real Estate Department to acknowledge the encroachment and request an easement. This Ordinance
authorizes City staff to process the conveyance of an access easement to Mr. and Mrs. Harper for the 8,400
square foot area of encroachment of the driveway.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, March 15, 2016 (w/o attachments) (PDF)
2. Ordinance No. 038, 2016 (PDF)
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY March 15, 2016
City Council
STAFF
Lindsay Kuntz, Real Estate Specialist
Carol Webb, Water Resources/Treatmnt Opns Mgr
Mark Kempton, Water Production Manager
SUBJECT
First Reading of Ordinance No. 038, 2016, Authorizing the Conveyance of an Access Easement on City
Property to Peter and Crystal Harper.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the conveyance of an access easement on City Property to a property
owner to use as a driveway access to their residential property. The City of Fort Collins owns a property on
Highway 14 near the Munroe Tunnel upstream from the Water Treatment Plant #1 property. The property was
purchased in 1977, in order to manage and protect the City’s water supply. The Harpers own a property
adjacent to the City property on which they are building a residential home. The Harpers discovered that a
portion of the driveway constructed for their home encroached on the City property. The property owners
ceased construction and contacted the City of Fort Collins Real Estate Department to acknowledge the
encroachment and request an easement. This Ordinance would authorize City staff to process the conveyance
of an access easement to Mr. and Mrs. Harper for the 8,400 square foot area of encroachment of the
driveway.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The location of the Harper property lies within a basin area which has been of concern to the City since the
2012 fires because of erosion and water quality impairment. This basin area, known as Unnamed 3 and
Unnamed 2b were heavily affected by the 2012 wildfires. This basin was targeted for restoration through the
High Park Fire NRCS-Emergency Watershed Protection program in 2013-2014, but the majority of restoration
in the lower basin was not able to be completed by the program end date. The Coalition for the Poudre River
Watershed (CPRW), of which the City is a partner, completed restoration work in surrounding areas; however,
they were unable to restore this particular basin area due to landowners’ concerns regarding granting access
for the work.
During a site visit with the property owner, Utilities staff discussed the driveway encroachment, alternatives,
and the need for restoration of the area to protect the City’s water supply from excessive sediment. The
encroaching driveway was found to not increase the erosion hazard in the area of concern, but the
construction of a new driveway in a different location would likely create new, significant erosion hazards.
CPRW completed an assessment and identified the need for additional stream channel and gully restoration
and road realignment needs within the basin, including Mr. Harper’s property. The work proposed by CPRW is
capable of retaining 34 tons of sediment within the basin thus reducing future deposition in the Poudre River.
Funding to complete this work on the Harper property is currently available through CPRW. Staff determined
that the greatest benefit to the City would be to keep the existing driveway in the constructed location and for
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Agenda Item 13
Item # 13 Page 2
the property owner to facilitate agreements with CPRW and his neighboring property owners within the basin
area to complete additional post-fire restoration projects within the basin. Since the initial site visit, Mr. Harper
has engaged with neighboring property owners to restart discussions about the basin restoration needs with
CPRW.
CITY FINANCIAL IMPACTS
Along with facilitating the discussions between area owners and CPRW, the property owner has agreed to pay
the City an amount of $500 for the permanent access easement, along with a $1,000 fee to cover Real Estate
Services staff time to process the request. The compensation for the easement was determined by contacting
a local real estate appraiser and using comparable market data.
BOARD / COMMISSION RECOMMENDATION
At its February 18, 2016, meeting, the Water Board voted unanimously to recommend approval of the
conveyance of the access easement on City Property to Peter and Crystal Harper, consistent with staff's
recommendation.
ATTACHMENTS
1. Easement Request Location map (PDF)
2. Location Map of Basin Area (PDF)
3. Easement Request Location photo (PDF)
4. Water Board minutes, February 18, 2016 (draft) (PDF)
5. Sustainability Assessment Tool (DOCX)
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ORDINANCE NO. 038, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF AN ACCESS EASEMENT
ON CITY PROPERTY TO PETER AND CRYSTAL HARPER
WHEREAS, the City is the owner of a parcel of land located in Larimer County,
Colorado as described on Exhibit “A”, attached and incorporated herein by reference (the “City
Property”); and
WHEREAS, the City Property is on Highway 14 near the Poudre River, upstream from
the City’s Water Treatment Plant #1 property, and was purchased in order to help the City’s
water utility manage and protect the quality of the City’s water supply; and
WHEREAS, Peter and Crystal Harper (the “Harpers”), who own a parcel of land adjacent
to the City Property, recently discovered that the driveway to their property encroaches on the
City Property; and
WHEREAS, the Harpers have requested an easement from the City that would allow
their driveway to remain in the present location, rather than excavate a new driveway; and
WHEREAS, City staff has investigated the situation and possible alternatives, and
concluded that the present location of the driveway does not increase the erosion risk on the City
Property, but excavating a new driveway in an alternate location would create new, significant
erosion hazards; and
WHEREAS, the proposed access easement is described on Exhibit “B”, attached and
incorporated herein by reference (the “Easement”); and
WHEREAS, the Harpers would pay $500 as compensation for the Easement, as well as a
$1,000 fee to cover Real Estate Services time spent processing the easement request; and
WHEREAS, in addition, the Harpers have been cooperating with the Coalition for the
Poudre River Watershed (CPRW) in allowing post-fire restoration work to be performed on the
Harpers’ property, and have also been facilitating discussions between CPRW and other property
owners in the same basin area; and
WHEREAS, CPRW’s restoration work in this basin will further protect the City’s water
supply from erosion, and City staff appreciates the Harpers’ assistance in this regard; and
WHEREAS, at its regular meeting on February 18, 2016, the Water Board voted to
recommend approval of the Easement to the Harpers; and
WHEREAS, Section 23-111 of the City Code authorizes the City Council to sell, convey
or otherwise dispose of any interest in real property owned by the City, provided that the City
Council first finds, by ordinance, that such sale or other disposition is in the best interests of the
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City and, with respect to property that is part of the City’s water or utility systems, that the
disposition will not materially impair the viability of the particular utility system as a whole and
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 City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the City’s conveyance of the
Easement to the Harpers as provided herein is in the best interests of the City, will not materially
impair the viability of the City’s water system as a whole, and will be for the benefit of the
citizens of the City.
Section 3. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Easement to the Harpers 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 Easement, as long as such changes do not materially increase the size or change the
character of the interest to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 15th day of
March, A.D. 2016, and to be presented for final passage on the 5th day of April, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of April, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Exhibit “A”
City Property
Parcel Number:
08052-00-906
Legal Description (Per County Assessor):
E 1/2 OF NW 1/4, NW 1/4 OF NE 1/4; LESS 936-39; ALSO POR SW 1/4 OF NE 1/4 DESC IN 1744-770
PLS Group
a"d.b.a"of"PLS"Corporation"
Surveying • Consulting
6843 North Franklin Avenue • Loveland • Colorado 80538
970.669.2100 CO • 970.669.3652 Fax
Description:
A portion of the East 1/2 of the Northwest 1/4 of Section 5, Township 8 North, Range 70 West,
Larimer County, Colorado being described as the West 120.00 feet of the South 70.00 feet of the
East 187.00 feet of the East 1/2 of the Northwest 1/4 of Section 5, Township 8 North, Range 70
West, Larimer County, Colorado, being more particularly described as follows:
COMMENCE at the Southeast corner of the East 1/2 of the Northwest 1/4 of Section 5,
Township 8 North, Range 70 West, Larimer County, Colorado;
thence S 88°57’31” W for a distance of 67.00 feet along the South line of said East 1/2 to the
POINT OF BEGINNING;
thence continue S 88°57’31” W for a distance of 120.00 feet along said South line;
thence N 00°48’13” W for a distance of 70.00 feet parallel with the East line of the aforesaid
East 1/2 of the Northwest 1/4 of Section 5;
thence N 88°57’31” E for a distance of 120.00 feet parallel with aforesaid South line of the East
1/2;
thence S 00°48’13” E for a distance of 70.00 feet parallel with aforesaid East line of the East 1/2
to the Point of Beginning;
Containing 8,400 square feet, more or less, and being subject to any easements or rights of way
of record.
This description was created on March 1, 2016 by M. Bryan Short, Licensed Colorado PLS No. 32444.
Exhibit B