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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/06/2018 - FIRST READING OF ORDINANCE NO. 041, 2018, AUTHORIZAgenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY March 6, 2018 City Council STAFF Tawnya Ernst, Real Estate Specialist III Mark Sears, Natural Areas Manager Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 041, 2018, Authorizing the Conveyance of an Electric Line Easement on City Property at Soaring Vista Natural Area to the City of Loveland. EXECUTIVE SUMMARY The purpose of this item is to authorize conveyance of an electric line easement to the City of Loveland on Soaring Vista Natural Area. The line is an extension of a project approved by City Council in August 2016 on the Northern Colorado Regional Airport property. The electric utility line currently extends from Loveland’s Crossroads Substation at Boyd Lake Road north to County Road 30. The underground utility line is intended to extend east along County Road 30 to Interstate 25. The expanded utility service is needed to serve growing development in the area. The 25- foot wide easement will run under the Natural Area for approximately 688 linear feet - totaling 17,204 square feet or 0.40 acres. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City of Loveland Power division is proposing a duct bank of nine 6-inch conduits for its electric transmission line. The goal of the project is to extend the electric backbone (600A cable) from Loveland’s Boyd Lake substation to a switch located just west of Fairgrounds Avenue. Wherever the duct bank is bored, it will be completed using a 36-inch diameter bore, consisting of the duct package and a spacer used to maintain separation of the conduits. Normally these utilities would be placed in the road right-of-way, however, County Road 30 has not been built to its ultimate width. Loveland assessed four potential alignments, including two south of County Road 30. Unfortunately, the location of the Louden Ditch and other existing utilities precluded those two options. An additional northern alignment would have required a diagonal bore across County Road 30 and open trenching. This was not considered desirable. The selected option, which crosses the Soaring Vista Natural Area (Attachment 1), has the least impact and will include a directional bore under the Natural Area to Mountain Range Shadows subdivision to the east (Attachment 2). No aboveground disturbance to the Natural Area is anticipated. Construction is estimated to begin in June 2018. Minimal to no impact is anticipated from the project to the Natural Area, given that the line is to be bored under the property. However, if the project generates unexpected surface disturbance, all areas impacted by the proposed project will be restored as outlined in Natural Area Department’s Resource Protection Standards. Agenda Item 10 Item # 10 Page 2 Existing vegetation not otherwise avoided by boring is dominated by non-native grasslands that have minimal resource value. Restoration of the alignment will utilize only native grasses and forbs. CITY FINANCIAL IMPACTS There is no financial impact to Natural Areas from this project. The City of Loveland will pay the Natural Areas Department $2,753 ($0.16/square foot for 17,204 square feet) for the value of the easement and reimburse Natural Areas for staff time involved in the project. BOARD / COMMISSION RECOMMENDATION At its February 14, 2018, meeting, the Land Conservation Stewardship Board voted unanimously to recommend City Council approve the conveyance of the electric line easement to the City of Loveland. ATTACHMENTS 1. Vicinity Map (PDF) 2. Land Conservation and Stewardship Board minutes, February 14, 2018 (draft) (PDF) Soaring Vista Natural Area Fort Collins- Loveland Airport Location of underground electric line Fossil Creek Reservoir Soaring Vista Natural Area City of Loveland Proposed Electric Line Location Attachment 1 Land Conservation & Stewardship Board February 14, 2018 Minutes Excerpt Easement Request for buried utilities across Soaring Vista Natural Areas Tawnya Ernst, Real Estate Specialist, reported that the City of Loveland came to NAD, early last fall and asked for an electric, underground easement across Soaring Vista. The electrical utility line is an extension of a project approved by City Council in 2016 on the Northern Colorado Regional Airport property. The last portion of the line will go all the way east along CR 30 to I25. This easement will assist in the need to serve a growing development in the area. Tawnya explained to board members exactly where the easement would go. The impacts should be minimal, with a couple of surface level vaults on adjoining property but with no surface impacts to the Natural Area. Tawnya explained that NAD will receive $2,752.64 for the value of the easement and a $1,500.00 administrative fee for the easement, which is a typical charge for these types of requests. Discussion: Andrea mentioned the bank was 10’ and asked why the developers were asking for 25’. Daylan explained that if they need to come back, in the future, to repair the bank and need to dig it up, they can. It also provides a safety buffer around the bank that has the conduit in it. Daylan explained the 25’ was pretty standard for an electric easement. Daylan explained the area is an agricultural field and that NAD is in the process of restoring it back to grass. He explained that it’s unlikely that there will be a surface impact but if there is, then restoration would include native grasses and forbs. Right now, we are in the process of converting it back to natural vegetation. This is a potential long-term hay source for our bison. This property, will continue to be managed as a farm. Vicky McLane made a motion that the Land Conservation and Stewardship Board recommend that City Council approve conveyance of a utility easement to the City of Loveland on Soaring Vista Natural Area. Marcia Patton -Mallory seconded the motion. The motion was unanimously approved. ATTACHMENT 2 -1- ORDINANCE NO. 041, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF AN ELECTRIC LINE EASEMENT ON CITY PROPERTY AT SOARING VISTA NATURAL AREA TO THE CITY OF LOVELAND WHEREAS, the City of Fort Collins owns property located in southeast Fort Collins known as Soaring Vista Natural Area (the “Property”); and WHEREAS, the City of Loveland (“Loveland”) wishes to construct a duct bank for an electric transmission line connecting the Boyd Lake substation to a switch just west of Fairgrounds Avenue (the “Project”) by boring under the Property for approximately 668 feet, and is requesting an easement from the City to complete this work; and WHEREAS, the location of the proposed electric line easement, totaling .4 acres, is more particularly described in Exhibit “A”, attached and incorporated herein by reference (the “Easement”); and WHEREAS, the Easement would be 25 feet in width and run along the south edge of the Property directly adjacent to the right-of-way for County Road 30; and WHEREAS, Loveland would pay the Natural Areas Department $2,752.64 for the value of the easement and reimburse the Department for staff time involved in processing this request; and WHEREAS, the Project should have minimal to no impact on the surface of the Property, and Loveland would restore any disturbed areas in compliance with the Natural Areas Department’s Resource Protection Standards; and WHEREAS, the Land Conservation and Stewardship Board, at its regular meeting on February 14, 2018, voted to recommend the City Council approve conveying the Easement to Loveland; and WHEREAS, Section 23-111(a) 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 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 Loveland as provided herein is in the best interests of the City. -2- Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement to Loveland 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 descriptions 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 6th day of March, A.D. 2018, and to be presented for final passage on the 20th day of March, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 20th day of March, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk EXHIBIT “A” PROPERTY DESCRIPTION A strip of land for easement purposes, being a portion of that parcel of land as described in Special Warranty Deed recorded on October 2, 2015 at Reception No. 20150065994 within the records of Larimer County, situate in the West Half (W1/2) of Section Twenty-two (22), Township Six North (T.6N.), Range Sixty-eight West (R.68W.) of the Sixth Principal Meridian (6th P.M.), County of Larimer, State of Colorado, being more particularly described as follows: The South Twenty-five (25) feet of that parcel of land as described in said Special Warranty Deed. Said strip of land contains 17,204 Sq. Ft. (0.40 Acres), more or less (+/-), and is subject to any rights-of-way or other easements of record as now existing on said described strip of land. SURVEYORS CERTIFICATE I, Jason S. Allee, a Colorado Licensed Professional Land Surveyor do hereby state that this Property Description was prepared by me or under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. SHEET 1 of 3 _____________________________________________________ Jason S. Allee – on behalf of Lat40°, Inc. Colorado Licensed Professional Land Surveyor #38479 Lat40°, Inc. Professional Land Surveyors 6250 W. 10th Street, Unit #2 Greeley, CO 80634 (970) 515-5294 COUNTY ROAD 30 25' UTILITY EASEMENT 12,500 Sq. Ft. (0.29 Acres) - 500.00 L.F. EXHIBIT "A" Lat40 , Inc. 6250 W. 10th Street, Unit 2, Greeley, CO 970-515-5294 UTILITY EASEMENT COUNTY ROAD 30 25' UTILITY EASEMENT 4,704 Sq. Ft. (0.11 Acres) - 188.17 L.F. EXHIBIT "A" Lat40 , Inc. 6250 W. 10th Street, Unit 2, Greeley, CO 970-515-5294 UTILITY EASEMENT