HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/07/2004 - FIRST READING OF ORDINANCE NO. 140, 2004, AUTHORIZ ITEM NUMBER : 26
AGENDA ITEM SUMMARY DATE : September 7 , 2004
FORT COLLINS CITY COUNCIL STAFF : Greg Byrne
Ralph Campano
SUBJECT
First Reading of Ordinance No , 140, 2004, Authorizing the Conveyance of Nonexclusive Easement
Interests for the Relocation of a Waterline by the North Weld County Water District to a New
Location on the Northside Aztlan Community Center Property,
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading .
FINANCIAL IMPACT
Staff is recommending that the City not charge compensation for the easements, in order to facilitate
the environmental cleanup work in and along the Poudre River. The value finding for the
easements, if the City were to charge compensation for them, is an estimated total of $ 150,000
($ 120,000 for the permanent easement and $30,000 for the temporary easement) .
EXECUTIVE SUMMARY
The relocation of an existing North Weld County Water District water line currently in the south
bank of the River to the south away from the River and work area has been proposed to facilitate
environmental cleanup efforts currently being planned for along the Poudre River adjacent to the
Northside Aztlan Community Center property . In order to allow the water line relocation to occur,
the City has been asked to grant a permanent easement for the new water line location across the
Aztlan Center property, and to grant a temporary construction easement for the relocation work.
BACKGROUND
City staff has worked with North Weld County Water District to propose a new location on the
Aztlan Center property for the Water District's water line, and it is not anticipated that the water line,
in the proposed new location, will interfere with or impair the City's planned use or planned
development of the property. The new location for the water line will be an improvement over the
current water line location, because the potential for erosion and instability will be reduced, and
because the Water District will be able to replace the existing pipe with bigger, newer water pipe .
September 7 , 2004 -2 - Item No . 26
The relocation of the water line is part of the critical path for cleanup activities that are in the
process of being planned and designed by Xcel Energy's Colorado subsidiary, Public Service
Company of Colorado (PSCo) and will need to proceed in October in order to avoid potential delay
of work that is anticipated to occur late in 2004 .
The Environmental Protection Agency (EPA), Region 8 , has been negotiating with Xcel Energy's
Colorado subsidiary, Public Service Company of Colorado (PSCo), to plan and design
environmental cleanup activities to remove contaminated sediment and bedrock and to operate on
the site into the future to intercept subsurface contamination approaching the River. EPA has
proposed that PSCo, Schrader Oil Company and the City of Fort Collins negotiate an Administrative
Order on Consent with EPA and the State of Colorado that would allocate responsibility for cleanup
costs and outline the parties' future responsibilities and commitments related to the environmental
condition of the River, the Aztlan Center property and the general area. While no formal agreement
has yet been reached, at this time it does not appear that the City will be required to share in the
direct costs of the cleanup, although continued City cooperation in facilitating the work has been
requested.
Public Service Company is currently at 60% completion of the design phase for the ongoing removal
and monitoring remedial action. The selected remedial action involves sediment/upper bedrock
removal over a stretch of river, a vertical physical containment, vertical hydraulic containment, and
a water treatment and discharge system. The estimated cost for the clean-up and operation and
maintenance is $ 8 million. EPA will provide daily on-site coordination and oversight during the
September 2004 — April 2005 timeframe .
City staff plans to provide the City Council at its September 21 meeting with additional information
about the negotiations with EPA, PSCo and the other involved parties, and to request authorization
to proceed with easements that will be needed by PSCo to proceed with the remedial activities that
are in the process of being planned and designed at this time .
Public Outreach
An EPA Communications Strategy has been developed and includes a public open house, individual
stakeholder interviews, media coverage, and public closure notification.
ORDINANCE NO, 140, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE EASEMENT INTERESTS
FOR THE RELOCATION OF A WATERLINE
BY THE NORTH WELD COUNTY WATER DISTRICT
TO A NEW LOCATION ON
THE NORTHSIDE AZTLAN COMMUNITY CENTER PROPERTY
WHEREAS , the City of Fort Collins owns certain real property located in the city and in
Larimer County, Colorado, known as the Northside Aztlan Community Center property (the
"Aztlan Property"); and
WHEREAS , the main water transmission line of the North Weld County Water District
("North Weld") is located within the south bank of the Cache La Poudre River along the Aztlan
Property, and the City granted to North Weld in 1964 a right-of-way easement for the waterline,
which easement was recorded on August 7, 1970, at Reception No . 984490 (the "Existing
Easement") ; and
WHEREAS , in connection with the proposed implementation of environmental cleanup
activities in the vicinity of the Aztlan Property, North Weld has been asked to relocate its
existing waterline from its current location along the south bank of the Cache La Poudre River to
a location further south on the Aztlan Property; and
WHEREAS , in order to install the waterline, North Weld has requested a nonexclusive
temporary construction easement for three months and a 30-foot wide permanent nonexclusive
easement on and under the Aztlan Property, in the location on the Aztlan Property described and
shown on Exhibit "A", attached hereto, consisting of 2 pages and incorporated herein by this
reference (the "Temporary Construction Easement" and the "Permanent Easement" ,
respectively) ; and
WHEREAS , in exchange for the grant of the Temporary Construction Easement and the
Permanent Easement, North Weld has agreed to vacate the Existing Easement no later than 30
days after completion of the relocation of the waterline; and
WHEREAS , City staff has reviewed the location of the proposed Temporary
Construction Easement and Permanent Easement, and has determined that the new waterline
location will not significantly impact or impair the City's expected use or future development of
the Aztlan Property ; and
WHEREAS , City staff has made a value finding for the easements, and has found the
value of the easements to total approximately $ 150,000 ; and
WHEREAS , in view of the benefits to the City and to the general public of the
environmental cleanup activities that are proposed to occur near and on the Aztlan Property,
which will be facilitated by the relocation of the waterline easements authorized hereunder, City
staff has recommended that the City not require the payment of consideration for the easements
authorized hereunder; and
WHEREAS , as a condition of the Temporary Construction Easement and the Permanent
Easement, regarding, reseeding and other restoration of the areas disturbed by the installation of
the waterline will be required; and
WHEREAS, Section 23 - 111 of the City Code provides that the City Council is
authorized to sell, convey, or otherwise dispose of real property owned by the City, provided the
Council first finds by ordinance that any sale or other disposition of real property owned by the
City is in the best interest of the City of Fort Collins .
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows :
Section 1 . That the conveyance of the Temporary Construction Easement and the
Permanent Easement, as set forth herein, is in the best interest of the City of Fort Collins .
Section 2 . That the Mayor is hereby authorized to execute the Temporary Easement
Agreement and the Permanent Easement Agreement, together with such additional terms and
conditions not inconsistent with this Ordinance as the City Manager, in consultation with the
City Attorney, determines to be necessary or appropriate to protect the interests of the City.
Introduced, considered favorably on first reading, and ordered published this 7th day of
September, A.D . 2004, and to be presented for final passage on the 21 st day of September, A . D .
2004.
Mayor
ATTEST :
City Clerk
Passed and adopted on final reading this 21st day of September, A. D . 2004.
Mayor
ATTEST :
City Clerk
PROPERTY DESCRIPTION
Exhibit A
City of Fort Collins
Waterline Easement
A parcel of land being a part of the Northwest Quarter(NW I/4)of Section Twelve(12),Township Seven
North(T.7N.),Range Sixty-nine West(R.69W.),Sixth Principal Meridian(6'P.M.),City of Fort Collins,
County of Larimer,State of Colorado,being dedicated as a 30.00 foot wide waterline easement,the
centerline of said easement more particularly described as follows:
COMMENCING at the Northwest Comer of said Section 12 and assuming the West line of the Northwest
Quarter(NW I/4)of said Section 12 to bear South 00006'49"West,a grid bearing of the Colorado State
Plane Coordinate System,North Zone,North American Datum 1983/92,a distance of 2656.73 feet with all
other bearings herein relative thereto;
THENCE South 00006'49"West a distance of 1172.15 feet to the Southerly Right of Way(ROW)line of
the Colorado and Southern Railroad;
THENCE North 56e46'49"East along said Southerly ROW line a distance of 227.42 feet to the East line of
that parcel of land described in a deed recorded January 17,2003 as Reception No.2003006605 of the
Records of Latimer County;
THENCE South 00006'49"West along said East line a distance of 17.95 to the TRUE POINT OF
BEGINNING;
THENCE North 56046'49"East along a line parallel with and 15.00 feet Southeasterly of,as measured at a
right angle to the South ROW line of the Colorado and Southern Railroad,a distance of 628.17 feet;
THENCE South 32040'16"East a distance of 140.84 feet;
THENCE South 09025'03"East a distance of 120.55 feet;
THENCE South 33e13'11"East a distance of372.14 feet;
THENCE South 21e52'48"East a distance of 65.00 feet;
THENCE North 68006'48"East a distance of 301.94 feet to the West line of the Linden Tech Center and
the POINT OF TERMINATION.Said point of termination bears North 00016'34"East a distance of
116.45 feet from the SW comer of said Linden Tech Center.
It is the intent of this description that the sidelines of the described easement be prolonged or shortened to
begin on the East line of that parcel of land described in a deed recorded January 17,2003 as Reception No.
2003006605 of the Records of Latimer County and terminate on the West line of said Linden Tech Center,
Said waterline easement contains 1.122 acres,more or less(t),and is subject to any rights of way or other
easements of record or as now existing on said described parcel of land.
Said waterline easement will be benefited by Two(2)temporary construction easements,each being 50.00
feet wide.One will adjoin to the Northerly sideline of said permanent waterline easement in the vicinity of
the Cache La Poudre River crossing,and the sidelines of this temporary construction easements are
prolonged or shortened to begin on the Easterly line of the previously described permanent waterline
easement and terminate on the Westerly line of the Linden Tech Center.The second will adjoin to the
Southerly and Westerly sidelines of said permanent waterline easement,and the sidelines of this temporary
construction easements are prolonged or shortened to begin on the East line of that parcel of land described
in a deed recorded January 17,2003 as Reception No.2003006605 of the Records of Latimer County and
terminate on the Westerly line of the Linden Tech Center,
The Two(2)temporary construction easements contain a total of 2.219 acres,more or less(t),and are
subject to any rights-of-way or other easements of record or as now existing on said described parcels of
land.
SURVEYOR'S CERTIFICATE
1,Steven A.Lund,a Colorado Registered Professional Land Sury rety state that this Property
Description was prepared under my personal supervision and k4h shat it is true and correct to the
best of my knowledge and belief.
w
Steven A.Lund—on behalf of King
Colorado Registered Professional
Land Surveyor#34995
KING SURVEYORS,INC.
9299 Eastman Park Drive
Windsor,Colorado 80550
(970)69&5011
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® tYlNG SURI�'YORS, INC. PROJECT NO:2004371
9299 EASTMAN PARK DRIVE, WINDSOR, CO 80550 DATE:B-31-04
PHONE: (970) 686-5011 FAX: (970) 686-5821 CUENT:NORTH WELD WATER DIST.
WWW.KINGSURVEYORS.COM DWG:2004371 EXH
DRAWN:CSK CHECKED:SAL
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