HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/03/2019 - FIRST READING OF ORDINANCE NO. 147, 2019, AUTHORIZAgenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY December 3, 2019
City Council
STAFF
Kerri Allison, Real Estate Specialist II
Theresa Connor, Water Engineering Field Operations Mgr
Ingrid Decker, Legal
SUBJECT
First Reading of Ordinance No. 147, 2019, Authorizing the Exchange of Stormwater Easements Between the
City of Fort Collins and John C. Graham and Ginger L. Graham.
EXECUTIVE SUMMARY
The purpose of this item is to authorize an exchange of stormwater easements across portions of property
located in the Southwest Quarter of Section 6, Township 7 North, Range 68 West of the 6th P.M: a stormwater
easement from the City of Fort Collins to John C. Graham and Ginger L. Graham (consisting of 5,749 square
feet located on City property) and a stormwater easement from John C. Graham and Ginger L. Graham to the
City of Fort Collins (consisting of 34,885 square feet) and a temporary construction easement (consisting of
22,235 square feet) would be exchanged. As consideration for the easements on the Graham property the
City would convey the easement across City property and the Stormwater Utility would agree to apply the
balance of the difference between the value of the two easements to Stormwater Plant Investment Fees (PIF)
and monthly stormwater fees for a hay barn built by the Grahams within the City limits, instead of additional
cash consideration. The City’s receipt of the easements across the Graham property is consideration for the
easement across City property and the credited stormwater fees.
STAFF RECOMMENDATION
Staff recommends approval of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Grahams requested a stormwater easement from the City in order to facilitate their desire to bring flow
from the Lindenmeir Channel to the NECCO Channel and eliminate existing overland flow on their property.
The City needs a permanent easement and a temporary construction easement from the Grahams for the
construction of the NECCO A4 lateral, which is designed to eliminate a failing pump station that was placed on
the property as a temporary structure in the 1980s. The A4 lateral will remove the pump station and allow more
efficient drainage from the north and west.
The value of the easement the City would grant to the Grahams is approximately $2,150, while the value of the
easements from the Grahams to the City is approximately $26,700, a difference of $24,550.
The Grahams have obtained a building permit for a hay barn on their eastern pasture that triggers a
stormwater Plant Investment Fee (PIF) of $4,722.11 and approximately $82.20 per month in stormwater fees
at current rates. Rather than the City paying cash for the difference in value between the easements, the
Grahams have asked that the City credit the difference to the stormwater PIF and fees as consideration for the
easements they are granting to the City until the total difference of $24,550 has been reached. The value of
the easement being provided by the Grahams to the City adequately covers the value of the easement the City
is proposing granting to the Grahams, as well as the value of the stormwater PIF and monthly fees for almost
Agenda Item 8
Item # 8 Page 2
20 years. The Stormwater Utility’s agreement to credit the monthly stormwater fees would apply only while the
property the barn is on is owned by a member of the Graham family or an entity controlled by a member of the
Graham family, and is only for the hay barn permitted under Building Permit #B1903339. Future
improvements on the property within the City may result in other stormwater fees that would not be affected by
this arrangement.
The Utilities department has been working closely with the Grahams to assure the easements and project
goals align.
CITY FINANCIAL IMPACTS
Because the value of the easements the City is receiving from the Grahams exceeds the value of the
easement the Grahams are receiving from the City, City staff is recommending that the City not charge the
Grahams for their easement from the City.
ATTACHMENTS
1. Location map (PDF)
10TH ST
CONIFER ST
MAIN ST
9TH ST
TRUJILLO ST
LOPEZ CT
N LEMAY AVE
VISTA ALTA ST
E VINE DR
Easement from Jack Graham to City ±
Easement from City to Jack Graham
Easement Conveyance-Location City/Map Graham Properties
ATTACHMENT 1
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ORDINANCE NO. 147, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXCHANGE OF STORMWATER EASEMENTS BETWEEN
THE CITY OF FORT COLLINS AND JOHN C. GRAHAM AND GINGER L. GRAHAM
WHEREAS, the City is the owner of a parcel of land located in in the Southwest Quarter
of Section 6, Township 7 North, Range 68 West of the 6
th
P.M., Larimer County, Colorado, as
more particularly described on Exhibit “A”, attached and incorporated herein by reference (the
“City Property”); and
WHEREAS, John C. Graham and Ginger L. Graham (the “Grahams”) are the owners of
several parcels of land located in the Southwest Quarter of Section 6, Township 7 North, Range
68 West of the 6
th
P.M., Larimer County, Colorado, as more particularly described on Exhibit
“B”, attached and incorporated herein by reference (the “Graham Property”); and;
WHEREAS, the City has requested a drainage and utility easement (consisting of 34,885
square feet), as well as a temporary construction easement (consisting of 22,235 square feet) (the
“City Easements”), on and across a portion of the Graham Property to facilitate the construction
of the NECCO A4 lateral, which is designed to eliminate a failing pump station that was placed
on the property as a temporary structure in the 1980s; and
WHEREAS, the new A4 lateral will remove the pump station and allow more efficient
drainage from the north and west; and
WHEREAS, the proposed City Easements are more particularly described and shown on
Exhibits “C” and “D”, attached and incorporated herein by reference; and
WHEREAS, the Grahams have requested a drainage easement (consisting of 5,749
square feet) on and across the City Property to bring flow from the Lindenmeir Channel to the
NECCO Channel and eliminate existing overland flow on their property (the “Graham
Easement”); and
WHEREAS, the proposed Graham Easement is more particularly described and shown
on Exhibit “E”, attached and incorporated herein by reference; and
WHEREAS, the value of the City Easements (approximately $26,700) exceeds the value
of the Graham Easement (approximately $2,150) by $24,550; and
WHEREAS, the Grahams have obtained a City building permit for a hay barn (Building
Permit #B1903339) on their eastern pasture, a parcel of land identified in the records of the
Larimer County Assessor as Parcel No. 80706400001 (the “Barn Parcel”), which triggers a
stormwater PIF of $4,722.11 and approximately $82.20 per month in City stormwater fees at
current rates; and
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WHEREAS, as additional consideration for the easements they are granting to the City
the Grahams have asked that the City credit the difference in value between the easements,
which the City would otherwise owe to the Grahams, to the PIF and stormwater fees until the
difference in values has been reached or the Barn Parcel is transferred to someone other than a
Graham family member or a legal entity controlled by a Graham family member, whichever
comes first; and
WHEREAS, the credit would apply only to the fees triggered by construction of the barn,
and not additional fees for future development activities on the Barn Parcel or other property
owned by the Grahams; and
WHEREAS, Article XII, Section 6 of the City Charter allows the Council to approve the
proposed fee-credit arrangement so long as the Council determines that it provides a betterment
to the stormwater utility or serves another specific utility purpose that is beneficial to the
ratepayers of such utility; 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 any and all determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the conveyance of the Graham
Easement, on the terms and conditions described herein, is in the best interests of the City.
Section 3. That the City Council hereby recognizes that the value of the easements
the City is receiving from the Grahams exceeds the value of the easement the Grahams are
receiving from the City; therefore, the PIF and stormwater fees triggered by Building Permit
#B1903339 are to be treated as additional consideration for the Graham’s conveyance of the City
Easements so long as the Grahams own the Barn Parcel and the City Council hereby finds that
such arrangement provides a betterment to the stormwater utility.
Section 4. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Graham Easement to the Grahams 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.
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Section 5. That the City Manager is hereby authorized to execute such documents as
are necessary to accept the City Easements from the Grahams, and to document the credit of the
PIF and stormwater fees as additional consideration for the City Easements, 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.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
December, A.D. 2019, and to be presented for final passage on the 17th day of December, A.D.
2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of December, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Exhibit "A" Page 1 of 2
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP
7 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO; BEING A PORTION OF THAT PARCEL OF LAND
DESCRIBED IN THE QUIT CLAIM DEED RECORDED JUNE 1, 2000 AT RECEPTION NO.
20000036039 IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 6 TO
BEAR N00°33'41"E, SAID LINE BEING MONUMENTED ON ITS SOUTH END BY A 2-1/2"
ALUMINUM CAP STAMPED LS 17497, AND ON ITS NORTH END BY A 3" ALUMINUM CAP
STAMPED LS 20123, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT
COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO;
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 6;
THENCE ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 6,
N88°53'54"E, A DISTANCE OF 1,690.16 FEET;
THENCE N01°46'26"W, A DISTANCE OF 88.55 FEET;
THENCE N00°16'2411E, A DISTANCE OF 723.08 FEET;
THENCE N00°06'21 "W, A DISTANCE OF 274.97 FEET TO THE POINT OF BEGINNING;
THENCE N00°06'21 1
1W, A DISTANCE OF 250.01 FEET;
THENCE S89°42'52"E, A DISTANCE OF 703.74 FEET TO A POINT ON THE
NORTHWESTERLY BOUNDARY OF THAT EASEMENT TRACT DESCRIBED IN THE DEED
OF PERMANENT STORM WATER EASEMENT RECORDED MAY 9, 2006 AT RECEPTION
NO. 20060034536;
THENCE ALONG SAID NORTHWESTERLY BOUNDARY, S35°02'19"W, A DISTANCE OF
304.28 FEET;
THENCE N89°42'52"W, A DISTANCE OF 528.59 FEET TO THE POINT OF BEGINNING.
CONTAINING 154,041 SQUARE FEET (3.536 ACRES), MORE OR LESS, AND BEING
SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST
ON THE GROUND.
JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169
FOR AND ON BEHALF OF THE CITY OF FORT COLLINS
P .0. BOX 580, FORT COLLINS, CO 80522
S:\ENGINEERING\OEPARTMENTS\SURVEY\PROJECTS\ENGINEERING\LEMAY VINE REALIGNMT\
LEGALS\KEDERIKE STORM FEE REV7-18-17.D0C