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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/17/2020 - FIRST READING OF ORDINANCE NO. 052, 2020, AUTHORIZAgenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY March 17, 2020 City Council STAFF David Myers, Land Conservation Manager Tawnya Ernst, Real Estate Specialist III John Stokes, Natural Resources Director Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 052, 2020, Authorizing the Conveyance of a Permanent Sanitary Sewer Line Easement and a Temporary Construction Easement on Soaring Vista Natural Area to South Fort Collins Sanitation District. EXECUTIVE SUMMARY The purpose of this item is to authorize the conveyance of a permanent sanitary sewer line easement and a temporary construction easement to South Fort Collins Sanitation District (SFCSD) on behalf of Interstate Land Holdings, LLC (ILH) on Soaring Vista Natural Area. The proposed easement area aligns with an existing sewer line easement held by South Fort Collins Sanitation District on the west side of the natural area. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Natural Areas staff was approached in January 2019 by ILH requesting an easement to install a 10-inch sanitary sewer line through a portion of Soaring Vista to tie into an existing 10-inch South Fort Collins Sanitation District (SFCSD) sewer main that runs east/west through Soaring Visa Natural Area. Soaring Vista sits on the north side of County Road 30 near I-25 between the Mountain Range Shadows neighborhood to the east and Eagle Ranch Estates to the west. ILH’s plans to develop an adjoining property south of Soaring Vista necessitate the additional sewer line across the Natural Area. ILH will install the sewer line in coordination with SFCSD. Because SFCSD will be responsible for the maintenance and operation of the sewer line, staff, ILH and SFCSD decided it was best that the easement be granted to SFCSD. At the preliminary meeting in January, ILH explained the 10-inch sewer main south of their property has issues they cannot overcome; the line is at capacity and the elevation of the line does not work, because they cannot get the required fall to tie into the sewer main. Staff did not ask the applicant to consider running the sewer line across the Eagle Ranch Estates land because it would require disturbing quality wetlands adjacent to Soaring Vista. The sewer line cannot be tied into the Mountain Shadows neighborhood to the east because they cannot get the fall, or the capacity required. At the Land Conservation Stewardship Board’s (LCSB) request, staff asked ILH to consider placing the sewer line along the east boundary of Soaring Vista. They determined that they could, but that alignment would require a hard surface access road. Since staff and the LCSB preferred to not have a hard surface access road, staff is recommending the western alignment. Agenda Item 14 Item # 14 Page 2 The only viable option is to tie into the existing 10-inch line on Soaring Vista Natural Area. ILH and Natural Areas staff worked together to identify the proposed western alignment. ILH has since obtained easement agreements on the Thayer/McCreery and Sprague properties and an approval letter from SFCSD stating that a hard surface access road through Soaring Vista along the western alignment is not required, because the location of the line along the west boundary allows them to manage and maintain the line from the adjoining properties. The proposed sewer line will not only service the ILH development, Airpark North but, will also service the Thayer/McCreery property when it is developed. Minimal impact is anticipated because the site has not yet been restored. Due to the timing of this request and anticipated plans for the site, appropriate restoration will be planned around the construction of the sewer line. The easements will require that all work on the City property be done in accordance with the Natural Areas Resource Protection Standards. The 30-foot wide permanent easement covers 1.133 acres (49,368 square feet) and the temporary construction easement crosses 2.175 acres (94,764 square feet) of the 113-acre Natural Area. CITY FINANCIAL IMPACTS In accordance with Section 23-114 of the Municipal Code, any conveyance of City real property must be for an amount equal to or greater than the fair market value. The estimated market value of the City’s ownership in the requested easements is as follows: $3,412/year for the temporary construction easement and $26,165 for the permanent easement plus a $9,945 restoration fee ($3,000/acre for approximately 3 acres of disturbance). The easement fees are based on 100% of the per acre full fair market value of the natural area. ILH, not SFCSD, will pay for the easement. The City and ILH have agreed to enter into a reimbursement agreement spelling out the terms of payment. The easement will not be recorded and effective until ILH has received approval for its development and made payment to the City. BOARD / COMMISSION RECOMMENDATION At its December 11, 2019, meeting, the Land Conservation Stewardship Board voted unanimously to recommend City Council approve the conveyance of the sanitary sewer line. ATTACHMENTS 1. Soaring Vista Vicinity Map (PDF) 2. Proposed Easement Alignment (PDF) 3. Land Construction and Stewardship Board Minutes, December 11, 2019 (PDF) Soaring Vista Natural Area Vicinity Map Soaring Vista Natural Area Other Natural Areas properties S. County Rd 9 Carpenter Rd. E. County Rd. 30 S. County Rd 5 E. County Rd. 32E Conservation easement property Other Conserved Lands ATTACHMENT 1 9,028 0.3 Proposed Sewer Line Easement This map is a user generated static output from the City of Fort Collins FCMaps Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 6,859 City of Fort Collins - GIS 0.0 1: WGS_1984_Web_Mercator_Auxiliary_Sphere 0 0.00 0.0 Miles Notes Legend Growth Management Area City Limits Citations ATTACHMENT 2 Land Conservation & Stewardship Board December 11. 2019 Regular Meeting – Excerpt 12/11/2019 – MINUTES Page 1 ACTION ITEM: Soaring Vista Easement Request – Dave Myers, Land Conservation Manager brought the request for a sewer line easement back to the Board for review. In November the Board asked Dave to identify alternatives for the easement. The request was for the developer to consider placing the sewer line along the east side, versus the west side, eliminate the proposed hard surface road, and that the permanent easement fee be increased to 100% versus the initial 50%. Dave negotiated efforts with the Developer and acceptable alternatives were met. Kelly Ohlson made a motion that City Council approve conveyance of a utility easement to Interstate Land Holdings LLC. on Soaring Vista Natural Area. Raymond Watts seconded the motion. The motion was unanimously approved. Discussion: Vicky suggested that NAD develop an easement policy. She feels that too many easements have been approved over the last few years. John confirmed that the Department has a current easement policy and would send it out to the Board. The Board commended Dave on his diligence with the Developer to mitigate their requests. Kelly requested a list or map demonstrating all the current easements. Dave assured he would send the list out to the Board once it has been updated. ATTACHMENT 3 -1- ORDINANCE NO. 052, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERMANENT SANITARY SEWER LINE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON SOARING VISTA NATURAL AREA TO SOUTH FORT COLLINS SANITATION DISTRICT WHEREAS, the City is the owner of a parcel of land in southeast Fort Collins as more particularly described on Exhibit “A”, attached hereto and incorporated herein by reference, known as Soaring Vista Natural Area (the “City Property”); and WHEREAS, Interstate Land Holdings, LLC (“Developer”) is in the process of obtaining the necessary development approvals for a development in north Loveland south of the City Property (the “Project”); and WHEREAS, Developer has requested a permanent sewer line easement (“the “Easement”) and a temporary construction easement (the “TCE”) on the City Property (together, the “Easements”) for installation of a sanitary sewer line for South Fort Collins Sanitation District (the “District”) to serve the Project; and WHEREAS, the Easement is more particularly described on Exhibit “B”, and the TCE is more particularly described on Exhibit “C”, both attached hereto and incorporated herein by this reference; and WHEREAS, the City would grant the Easements to the District, but Developer would pay for the Easements pursuant to a Reimbursement Agreement between the City and the Developer; and WHEREAS, under the Reimbursement Agreement, Developer would pay the City the fair market value of the property interests conveyed: $26,165 for the Easement and $3,412 per year for use of the TCE, as well as a restoration fee of $9,945 for disturbance to the City Property caused by the initial installation of the sewer line; and WHEREAS, Developer would not record or pay the City for the easements until Developer receives its necessary approvals for the Project from the City of Loveland, but if Developer does not receive its approvals for the Project, the Easements would terminate; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interests in real property owned by the City, provided the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City; and WHEREAS, at its regular meeting on December 11, 2019, the Land Conservation and Stewardship Board voted to recommend City Council approve the conveyance of the Easement. -2- 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 conveyance of the Easements to South Fort Collins Sanitation District as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easements to the District 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 or effectuate the purposes of this Ordinance. Section 4. That the City Manager is hereby authorized to execute a Reimbursement Agreement with the Developer as described herein 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 or effectuate the purposes of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 17th day of March, A.D. 2020 and to be presented for final passage on the 7th day of April, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 7th day of April, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk Legal Description Soaring Vista Natural Area The W1/2 of the SW1/4 and the SW1/4 of the NW1/4 of Section 22, Township 6 North, Range 68 West of the 6th P.M., County of Larimer, State of Colorado EXCEPTING THEREFROM the right of way for County Road as established and/or used; ALSO EXCEPTING THEREFROM those parcels described in Deeds recorded December 11, 1985, at Reception No. 85062821 and August 20, 1991, at Reception No. 91039306. (Street Address: 4200 East County Road 30, Fort Collins, Colorado) EXHIBIT A EXHIBIT B EASEMENT EXHIBIT 22, Wl/4 T6N, COR. R68W SEC EXHIBIT B PAGE 2 OF 2 20· GRANT OF EASEMENT [ REC 90007579 ---- __ _,_ __ __ �rrts='!! ·=·=-� :.:.---_-_ -_ - g: '°' ' g .... , I() �, '3: '°' I() . ,. . fil �, �, f ,� h I f � · I I ' , , 'I " .... ,:.', 3: :" � � 8 g z ;, � I 'I SPECIAL REC 20150065994 WARRANTY DEED SWl/4, SEC. 22, T6N, R68W 200 100 0 F'kd SCALE IN FEET SCALE: 1''=200' 200 I I 1-30' .1 : PERMANENT EASEMENT 49,368 S.F. 1.133ACRES Colorado Poul B. Groves Licensed - On Professional Behalf Of King Surveyors ir, I'° � ,� ::l I :g Land Surveyor #38209 3: .. I � ,� !-'-' � j � N89'28'33"W 30.00' g I g {< TEMPORARY z •; I Ul -- / : ONSTRUCTION EASEMENT - - - - - - , r---------------- , --, I N N 0 z NT OF I I BEGINNING I \ EXHIBIT C 5.41' I I I I QUIT REC CLAIM 85062821 DEED REC WARRANTY 20160024406 DEED _ _ _ _ S89'28'33"BASIS OF E BEARINGS 2617.09' T6N, SW COR. R68W SEC 22, POINT COMMENCEMENT OF ___ _. COUNTYROAD30 BE RIGHT VERIFIED OF WAY NO WIDTH DOCUMENT COULD FOUND NOT KING SURVEYORS 650 E. Garden Drive I Windsor. Colorado 80550 phone: (970) 686-5011 I fax: (970) 686-5821 email: contact@KingSurveyors.com I I I I I I I I I I I I I I I I I I I I intended NOTE: This to exhibit be o monumented drawing is not land survey. graphic representation Its sole purpose to Is aid as in a the llisuoli:zdescription otion which of the it written accompanies. property supersedes The written the property exhibit description drawing. you NOTICE: must According commence to any Colorado legal action low within based three upon any years defect ofter in you this first survey may discover any such action defect. based In upon no event any defect more than in this ten survey years be from commenced the dote of ( 1 3-the 80-certification 1 05 C.R.S. shown 2012) hereon. S1/4 COR. SEC I ---t 2� T�.� PROJECT NO: 20170864-0 DATE: 1/26/20 OWG: CLIENT: 20170864-Sanderson-EASE-Stewart 2 DRAWN:OS CHECKEO:PBG