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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/19/2020 - FIRST READING OF ORDINANCE NO. 074, 2020, AUTHORIZAgenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY May 19, 2020 City Council STAFF David Myers, Land Conservation Manager Kyle Shook, Real Estate Senior Specialist Zoe Shark, Public Engagement Manager Tawnya Ernst, Real Estate Specialist III Ingrid Decker, Legal SUBJECT First Reading of Ordinance No. 074, 2020, Authorizing the Conveyance of a Permanent Waterline Easement and a Temporary Construction Easement on Maxwell Natural Area to the Fort Collins Loveland Water District. EXECUTIVE SUMMARY This item meets the following COVID-19 emergency priorities for being on the Council agenda: • Priority 4 - Items that are substantially complete, have completed significant public process, and are ready for Council consideration. The purpose of this item is to authorize the conveyance of a permanent waterline easement and a temporary construction easement to the Fort Collins Loveland Water District (FCLWD) on Maxwell Natural Area. The proposed easement area will traverse Maxwell Natural Area over a new alignment and vacate in-place a portion of the original waterline alignment presently held by FCLWD on the east side of the natural area. Replacing the existing failing waterline is crucial for water service to residents supplied by the waterline. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Maxwell Natural Area is a 344-acre foothill natural area situated near Horsetooth Reservoir, north of South County Road 23 and west of the Ponds at Overland Park Subdivision. Fort Collins-Loveland Water District (FCLWD) owns a one-acre inholding within the Natural Area that contains a water storage tank that supplies its customers in the immediate area. FCLWD approached Natural Areas staff in January 2019 requesting an easement to install a 20-inch waterline through a portion of the Maxwell Natural Area to tie into an existing waterline within the Ponds at Overland Park Subdivision. This waterline easement will replace an existing 16 inch steel waterline that has failed due to age. The original waterline was installed in 1973 prior to the development of the adjacent neighborhood and acquisition of the Natural Area. The steel waterline has severe corrosion due to rust and is failing with multiple breaks over the past year. At a preliminary meeting in January 2019, FCLWD explained to Natural Areas staff the nearly impossible challenge of replacing the waterline in its original location. FCLWD team worked with Natural Areas staff to create the proposed alignment that will serve the needs of FCLWD and minimize impacts to habitat and visitor experience on Maxwell Natural Area. The new alignment will allow access for future maintenance using existing roads (Attachment 1). Agenda Item 15 Item # 15 Page 2 Once construction is complete and the new waterline is operational, FCLWD will vacate the original easement. The 20-foot wide permanent easement covers 0.857 acres (37,340 square feet) and the temporary construction easement crosses 1.286 acres (56,003 square feet) of the natural area. Environmental Impact Minimal environmental impact is anticipated because the site is mostly smooth brome and other non-native species. The areas of Maxwell Natural Area with significant native habitat will not be affected. Visitor use will be slightly affected in the area; however, the heavily used main trails will not be affected. CITY FINANCIAL IMPACTS In accordance with Sec. 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: $2,576 per year for the temporary construction easement and $8,588 for the permanent easement plus a $3,858 restoration fee ($3,000 per acre for approximately 1.286 acres of disturbance). The easement fees are based on 100% of the per acre full fair market value of the natural area. FCLWD will pay all fees associated with this project prior to recording of the easement. BOARD / COMMISSION RECOMMENDATION At its November 19, 2019, meeting, the Land Conservation Stewardship Board voted unanimously to recommend City Council approve the conveyance of the waterline easement to Fort Collins Loveland Water District. (Attachment 2) ATTACHMENTS 1. Project Location Map (PDF) 2. Land Conservation and Stewardship Minutes - November 19, 2019 (PDF) 18,056 0.6 FCLWD Waterline Replacement on Maxwell Natural Area 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. 13,719 City of Fort Collins - GIS 0.0 1: WGS_1984_Web_Mercator_Auxiliary_Sphere 0 0.00 0.0 Miles Notes Legend Conservation Easements Natural Areas Natural Area (City of Fort Collins) State, County or Other Municipal Open Space Meadow Springs Ranch (City of Fort C Growth Management Area City Limits Citations ATTACHMENT 1 Land Conservation & Stewardship Board Regular Meeting November 19, 2019: Excerpt 11/19/2018 – MINUTES Page 1 1. CALL TO ORDER 5:30 p.m. 2. ROLL CALL EDWARD Reifsnyder, Vicky McLane, Joseph Piesman, Andrea Elson, Kelly Ohlson, Alycia Crall, Raymond Watts, Mike Weber Excused: David Tweedale NAD Staff: Julia Feder, Mark Sears, Dave Myers Guests: Scott Schorling, Operations Services; Claire Shapiro, CSU student; Stephanie Blochowiak, Community Development and Neighborhood Services UACTION ITEMS UMaxwell Natural Area – Waterline Easement Request Dave Myers Dave presented the request from Fort Collins Loveland Water District (FCLWD) for a new waterline easement across a portion of the Maxwell Natural Area to replace an existing waterline which is failing due to age. The new easement alignment would be less impactful to the site and the old easement would be vacated once the new line was installed. Discussion: The board briefly discussed the request, noting that the proposed easement alignment was better than the existing alignment. Andrea Elson made a motion recommending that City Council approve conveyance of a utility easement to the Fort Collins Loveland Water District (FCLWD) on Maxwell Natural Area, with the condition that the current FCLWD easement on Maxwell Natural Area be vacated in place of the new pipeline construction. Mike Weber seconded the motion. The motion was unanimously approved 8-0 ATTACHMENT 2 -1- ORDINANCE NO. 074, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERMANENT WATERLINE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT ON MAXWELL NATURAL AREA TO THE FORT COLLINS LOVELAND WATER DISTRICT WHEREAS, the City is the owner of a parcel of land near Horsetooth Reservoir north of South County Road 23 known as Maxwell Natural Area (the “City Property”); and WHEREAS, the Fort Collins Loveland Water District (“District”) owns a one-acre inholding within the City Property that contains a water storage tank supplying District customers in the immediate area; and WHEREAS, the District also owns a 16” steel waterline in an easement on the City Property that connects to its water tank; and WHEREAS, the District needs to replace the 16” waterline, which is failing, with a new 20” waterline, and has requested an easement on the City Property to install the new line because it would be nearly impossible to replace the old waterline in the same location; and WHEREAS, the location of the new easement is shown and described on Exhibit “A”, attached and incorporated herein by reference (the “Easement”); and WHEREAS, the District is also requesting a temporary construction easement to allow construction of the new pipeline, as shown and described on Exhibit “B”, attached and incorporated herein by reference (the “TCE”); and WHEREAS, the District will pay the City fair market value of $2,576/year for the TCE and $8,588 for the Easement, plus a $3,858.00 restoration fee ($3,000/acre for approximately 1.286 acres of disturbance); 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 November 19, 2019, the Land Conservation and Stewardship Board voted to recommend City Council approve the conveyance of the Easement. 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. -2- Section 2. That the City Council hereby finds that the conveyance of the Easement and TCE to the 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 Easement and TCE 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. Introduced, considered favorably on first reading, and ordered published this 19th day of May, A.D. 2020 and to be presented for final passage on the 2nd day of June, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 2nd day of June, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk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