HomeMy WebLinkAbout101 - 07/01/2025 - AUTHORIZING THE CONVEYANCE OF A PERMANENTORDINANCE NO.101,2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PERMANENT
DRAINAGE EASEMENT ON FOSSIL CREEK RESERVOIR
NATURAL AREA TO SOUTH FORT COLLINS SANITATION
DISTRICT
A.Fossil Creek Reservoir Natural Area (the ‘Property”)is located in southeast
Fort Collins near the 1-25 and Highway 392 intersection.The Property was acquired in a
series of transactions between 1998 and 2017 in partnership with Larimer County.The
City and Larimer County share ownership of approximately 470 acres of the Property,
including the 116 acres that encompass Duck Lake.Each holds an undivided 50%
interest in the property rights to Duck Lake.
B.South Fort Collins Sanitation District (“SFCSD”)provides sanitary sewer
service to more than 60,000 customers in south Fort Collins,north Loveland and west
Timnath and Windsor.SFCSD owns a 17-acre property (the “SFCSD Property”)
immediately adjacent to the Property.The SFCSD Property contains SFCSD’s
administrative headquarters and water reclamation facility.Because SFCSD has
outgrown its current office space,SFCSD seeks to construct a 4,100 square foot
administration building with associated internal roadway and parking improvements,
utilities,drainage infrastructure (including a detention pond),and landscaped areas.In
addition,SFCSD proposes to construct turn lane improvements in conjunction with the
new administrative building to address traffic impacts and improve safety and site
circulation.These improvements are collectively referred to hereafter as the
“Improvements”.Larimer County Planning is requiring SFCSD to construct storm
drainage and water quality improvements as part of the site plan approval process for the
Improvements.
C.To allow for development of the Improvements,the City,through this
Ordinance,authorizes the conveyance of one drainage easement of 0.075 acres (the
“Easement Area”)on the Property.The form of the Easement Agreement granting the
Easement with its terms and conditions is shown on Exhibit A,attached hereto and
incorporated herein by this reference.The Board of County Commissioners is scheduled
to review the Easement on July 1,2025.The Easement Area is described on Exhibit B to
the Easement Agreement.
D.The City has estimated the fair market value of the Easement is $3,086,
which will be charged to SFCSD;the City and County will evenly split this amount.
Consistent with the City of Fort Collins Natural Areas and Conserved Lands Easement
Policy,the City will also charge SFCSD a $5,000 application fee and a $3,985 mitigation
fee.
E.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.
In light of the foregoing recitals,which the Council hereby makes and adopts as
determinations and findings,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1.The City Council finds that granting the Easement on the terms and
conditions described herein is in the best interests of the City.
Section 2.That the City Council hereby authorizes the Mayor to execute the
Easement Agreement substantially in the form attached hereto as Exhibit A with such
modifications or 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 on June 17,2025,and approved
on second reading for final passage on July 1,2025.
ATTEST:
ityCi
Effective Date:July 11,2025
Approving Attorney:Ted Hewitt
Exhibits:Exhibit A -Easement with Terms and Conditions
EXHIBIT A TO ORDINANCE NO.101,2025
EASEMENT WITH TERMS AND CONDITIONS
Fossil Creek Reservoir Natural Area
Grantor A:City of Fort Collins,Colorado,a municipal corporation
Grantor A Signing Authority and Title:Jenni Arndt,Mayor
Grantor A Mailing Address:P.O.Box 580,Fort Collins,Colorado 80522
Grantor A Phone Number/Email:
Grantor B:Board of County Commissioners of Larimer County,Colorado,a governmental
subdivision of the State of Colorado
Grantor B Signing Authority and Title:
Grantor B Mailing Address:200 West Oak Street,Fort Collins,CO 80521
Grantor B Phone Number/Email:
Grantor A and Grantor B are collectively known as ‘Grantor”
Grantee:South Fort Collins Sanitation District
Grantee Signing Authority and Title:
Grantee Mailing Address:2560 E County Rd 32,Fort Collins,CO 80528
Grantee Phone Number/Email:_____________________________________
Easement Appurtenant to Grantee’s Property?N V C N:If yes,see Exhibit C.
Effective Date:_______________________________
Easement Improvements:Stormwater outfall channel and flared end of culvert,as shown in the
Plans (also referred to herein as the “Improvements”)
Consideration:$3,086.00 easement fee and $3,985.00 mitigation fee Total of $7,071.00
Special Restoration Requirements?N V C N:If yes,see Exhibit 9.
Exhibits [check all that apply]:
N Exhibit A Grantor’s Property (number of pages):Three (3)
N Exhibit B Easement Area (number of pages):Two (2)
N Exhibit C Grantee’s Property (number of pages):Two (2)
N Exhibit D Special Restoration Requirements (number of pages):One (I)
N Exhibit D-1 General Resource Protection Standards (number of pages):Nine (9)
N Exhibit E Plans (number of pages):
All checked exhibits are attached and incorporated into this Deed by reference.
This EASEMENT WITH TERMS AND CONDITIONS (the “Deed”)is made and
entered into on the Effective Date by and between Grantor and Grantee.
1.Grantor’s Property.Grantor is the owner of that certain parcel of real property located
in Larimer County,Colorado,which is legally described on Exhibit A (the “Grantor’s Property”).
Easement -City Grantor Page 1 of 26
Form Version 2022
EXHIBIT A TO ORDiNANCE NO.101,2025
2.Grant of Easement Consideration.For and in consideration of the covenants and
agreements herein set forth,the sum of the Consideration and other good and valuable
consideration,the receipt and adequacy ofwhich Grantor acknowledges,Grantor grants,sells,and
conveys to Grantee,its successors and assigns,a perpetual,non-exclusive easement (the
“Easement”)on,over,under,and across the Grantor’s Properly as described more fully on
Exhibit B,(the “Easement Area”),for the benefit of Grantee’s Property described more fully on
Exhibit C,if applicable,subject to the conditions and restrictions set forth below.The Easement
includes the right of ingress and egress to the Easement Area,and the right to install,maintain,
and use gates in all fences that cross the Easement Area now or in the fliture.
3.Purpose and Use of Easement.Grantee may use the Easement to install,access,operate,
maintain,repair,reconstruct,relocate,improve,enlarge,replace,inspect,and remove,at any time
and from time to time,the Easement Improvements,and for the temporary storage and staging of
materials and equipment.Grantor further grants to Grantee:
The right of ingress to and egress from the Easement Area over and across Grantor’s
Property by means of any roads and lanes thereon,or as otherwise agreed in writing
by Grantor;
The right to mark the location of the Easement Area by suitable markers set in the
ground;and
o The right to install temporary fencing and gates for security and safety purposes
during construction activities.
After initial installation of the Improvements,if Grantee wishes to relocate or replace the
Improvements with any other number or type of similar improvements,either in the original
location or at any alternate location or locations within the Easement Area,such improvements
must be generally consistent with the intended purposes of the Easement,and Grantee must give
Grantor advance notice of any change in the type,number or location of improvements and cannot
proceed until Grantor has provided its written consent,which shall not be unreasonably withheld
or delayed.
The parties agree that the Easement Improvements are accurately described in the Plans
which have been approved and accepted by each of the parties.The Plans,being the complete
plan set for the Easement Improvements,are the Exhibit E to this Conveyance,but,for purposes
of recordation and execution.
4.Grantor’s Rights in Easement Area.
A.Grantor reserves the right to use the Easement Area for purposes that will not
interfere with Grantee’s full enjoyment of the rights granted herein,including but
not limited to Grantor’s right to operate or allow others to operate utility
improvements within the Easement Areas.
B.Grantor may plant or maintain permanent trees,shrubs or other plant material in
the Easement Area provided that no such plantings may be planted directly over
the Grantee’s Improvements.Grantor may install or utilize signs or paths over the
basement -City Grantor Page 2 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.101,2025
Easement Area,and may pave,surface in some other manner,or otherwise
improve the Easement Area as Grantor desires.Additionally,Grantor may install
permanent buildings or structures over the Easement Area;however,Grantor
agrees to remove such structures at its expense if reasonably required for Grantee’s
access to the Easement Area,and to assume all risk,repair,and maintenance if
any damage occurs to these permanent buildings and/or structures as a result of
Grantee’s reasonable use of or activities over or within the Easement Area.
5.Grantee’s Obligations Regarding Easement Areas.
A.All activities by the Grantee on the Easement Area,including access across
Grantor’s Property,must be carried out in a manner and on a schedule reasonably
expected to minimize disturbance to the natural features of said property,any
improvements thereon,and the Grantor’s intended purposes therefor.Access shall
be limited to the reasonable means necessary to provide access to the Easement
Area,and Grantee shall,to the extent reasonably practicable,use existing streets,
roads,or other similar facilities,including any Grantee owned property interests
adjoining the Easement Area,to avoid any unnecessary disruption of Grantor’s use
and possession of the Grantor’s Property.Access does not permit Grantee to use,
occupy.or traverse any portion of the Grantor’s Property not included within the
Easement Area by means of any heavy machinery,equipment,or vehicles,provided
that Grantee may seek to acquire a temporary construction easement from Grantor
to allow the same.
B.Grantee must maintain its Improvements in an entirely secure,safe and sanitary
condition,and repair the Improvements as necessary to ensure the Improvements
do not cause injury or damage to persons or property.
C.Grantee shall notify Grantor a minimum of one business day prior to performing
any construction,maintenance,repair,or other work on or within the Easement
Area and shall in advance of any non-emergency work submit a construction plan
and schedule to Grantor for approval,which approval shall not be unreasonably
delayed or witltheld.Grantee may seek to acquire a Temporary Construction
Easement from Grantor if working on Grantor’s Property outside of the Easement
Area.Notwithstanding these notification requirements,in cases of emergency
repair,Grantee shall notify Grantor of the emergency and provide related
construction plans and schedules as soon as reasonably practicable.
IX In the event damage occurs from Grantee’s use of or activities over or within the
Easement Area or on Grantor’s Property,including but not limited to the
installation,maintenance,or operation of the Improvements within the Easement
Area,Grantee agrees to make such repairs or take such other action as may~be
necessary to restore the Easement Area and Grantor’s Property to a condition
comparable to their condition prior to Grantee’s activities in the Easement Area,
including but not limited to the reseeding and replanting of any disturbed areas in
a manner reasonably satisfactory to the Grantor,and the provision of ongoing
Easement -City Grantor Page 3 of 26
Form Version 2022
EXHEBIT A TO ORDINANCE NO.101,2025
maintenance of any seeded or planted areas,correction of any subsidence,and
restoration of any other improvements or conditions impacted by Grantee’s
activities,until such time as any such repair and restoration is fully established and
stabilized.If applicable,Grantee shall comply with the special restoration
requirements on Exhibit D.
6.Maintenance of the Easement Area.
A.Grantor will maintain the surface of the Easement Area (except for the Easement
Improvements)in a sanitary condition in compliance with any applicable weed,
nuisance or other legal requirements;however,Grantor is not responsible for any
conditions directly caused by Grantee’s use and occupancy of the Easement Area.
B.Grantor will not deposit,or permit,or allow to be deposited,earth,rubbish,debris,
or any other substance or material,whether combustible or noncombustible,
on the Easement Area.
7.As-Built Drawings.Grantee will provide Grantor with as-built drawings accurately
depicting the location and nature of the Improvements constructed within the Easement Area no
later than thirty (30)days following completion of the Improvements,and no later than thirty (30)
days following a change in the type,number or location of the Improvements,as described in
Section 3.
8.Representations of Grantor.Grantor makes no representations or warranties as to lawful
ownership of Grantor’s Property.
9.Recordation.Grantee will record this Deed in the records of the Larimer County Clerk
and Recorder and furnish evidence of such recording to Grantor.This Deed will not be valid
until it is recorded.If this Deed has not been recorded with the Larimer County Clerk and
Recorder within ninety (90)days of the Effective Date,then this Deed will be null and void and
have no force and effect whatsoever,and the parties will be relieved of any remaining obligations
hereunder as of the date of such termination.
10.Abandonment.Should Grantee fail to construct the Improvements within five (5)years
from the date of this Deed,or should Grantee permanently discontinue maintaining and using the
Improvements within the Easement Area for a period of five (5)years,this shall constitute an
abandonment of the Easement,the Improvements and Grantee’s rights under this Deed,and the
Easement shall automatically terminate,and Grantee shall,at its own sole cost and expense,
remove all Improvements from the Easement Area,provided that Grantee shall consult with
Grantor in advance of any such removal,and Grantor shall be entitled to require Grantee to leave
some or all such Improvements in place.If Grantee removes the Improvements from the
Easement Area,Grantee shall carry out such removal consistent with the requirements set forth
in Section 5 and restore the Easement Area,at its sole cost and expense,to a condition comparable
to its condition just prior to Grantee’s removal activities.Grantee shall then execute and record
a termination or quitelaim to Grantor of the Easement.
Easement -City Granlor Page 4 of 26
Form Version 2022
EXHIBIT A TO ORDNANCE NO.101,2025
II.Indemnity and Insurance.
A.Grantee agrees to release and,unless Grantee is a governmental entity,indemnify
Grantor,its officers,agents,employees,representatives,successors and assigns
from and against all claims that may accrue to Grantee for personal injury,death
or property damage resulting from or arising out of Grantee’s use of the Easement
Area or other activities on Grantor’s Property.To the extent permitted by law,
and without waiving any of the provision so the Colorado Governmental
Immunity Act,Grantee assumes responsibility,as between Grantor and Grantee,
for any liability to third parties arising out of Grantee’s use of the Easement Area
or other activities on Grantor’s Property,including but not limited to the
construction,installation,operation,repair,and maintenance of improvements
within the Easement Area,and for any actions or omissions by Grantee in violation
of this Deed.
B.Grantee shall procure,pay for,and keep in full force and effect during the term of
this Deed a comprehensive policy of general liability insurance covering the
Improvements and insuring Grantee in an amount not less than One Million
dollars ($1,000,000.00)covering bodily injury,including death to persons,
personal injury,and property damage liability arising out of a single occurrence.
Such coverage must include,without limitation,the insured’s liability for property
damage,bodily injuries,and death of persons in connection with Grantee’s
activities in the Easement Area or on Grantor’s Property,the operation,
maintenance,or use of the Improvements (including acts or omissions of Grantee
or of its officers,employees,or agents),and protection against liability for non-
owned and hired automobiles.Such coverage must also include coverage for such
other risks as are customarily required by private institutional mortgage lenders
with regard to property similar in construction,location,and use as the
Improvements.All policies of insurance required hereunder must name Grantor
as an additional insured and shall contain a provision that the policy or policies
cannot be canceled or materially altered either by the insured or the insurance
company until fifteen (15)days’prior written notice thereof is given to Grantor.
Upon issuance or renewal of any such insurance policy,Grantee shall furnish a
certificate of insurance to Grantor.In the event Grantee fails or neglects to
maintain,or require its contractor to procure and maintain,as applicable,the
insurance required by this paragraph,then Grantor shall have the right,upon
giving Grantee reasonable notice of its election to do so,to take out and maintain
such insurance at the expense of Grantee,and in such event the cost of such
insurance shall be paid for by Grantee promptly upon receipt of an invoice
covering such charges.
12.Notices.Any notice or other communication relating to this Deed must be in writing and
shall be deemed given (i)when delivered personally,or (ii)on the first business day which is
three (3)days following mailing by certified mail,electronic mail,return receipt requested and
postage prepaid,or (iii)the next business day after sending by a nationally recognized overnight
delivery service,and addressed to the party at its respective address on the first page of this Deed.
Easement -City Grantor Page 5 of 26
Form Version 2022
EXFIIBI PA TO ORDINANCE NO.101,2025
13.Default,Remedies and Litigation Exyenses.If a party to this Deed is in default in
performance of its respective obligations hereunder,the other party has the right to an action for
specific performance or damages or both.Prior to proceeding with any such action,the party not
in default must first send written notice to the defaulting party specifying the default and affording
such party a reasonable period to cure the default.In the event a party defaults in any of its
covenants or obligations and the party not in default commences and substantially prevails in any
legal or equitable action against the defaulting party,the defaulting party expressly agrees to pay
all reasonable expenses of the litigation,including a reasonable sum for attorneys’fees or similar
costs of legal representation.
14.Assignment.Intentionally omitted.
15.Additional Terms and Conditions.Whenever used herein,the singular number includes
the plural,the plural the singular,and the use of any gender is applicable to all genders.All the
covenants herein contained are binding upon and inure to the benefit of the parties hereto,their
personal representatives,successors,and assigns.This Deed is to be construed and enforced
according to the laws of Colorado,and venue in any proceeding related to this Deed shall be in
Larimer County,Colorado.If any term of this Deed is determined by any court to be
unenforceable,the other terms of this Deed shall nonetheless remain in full force and effect;
provided,however,that if the severance of any such provision materially alters the rights or
obligations of the parties,the parties shall engage in good faith negotiations in order to adopt
mutually agreeable amendments to this Deed as may be necessary to restore the parties as closely
as possible to the initially agreed upon relative rights and obligations.
16.Authority.Each person executing this Deed represents and warrants that he or she is
duly authorized to execute this Deed in his or her individual or representative capacity as
indicated.
IN WITNESS WHEREOF,Grantee has hereunder set its hand and seal the day and year
written below;and Grantor has caused this Deed to be executed by its Mayor,attested to by its
City Clerk,and its corporate seal to be hereunto affixed,all pursuant to Ordinance No.
2025,passed on final reading by the City Council of the City of Fort Collins on the
_____dayof ,2025.
ISignatures on following pages
basement -City Grantor Page 6 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.101,2025
GRANTOR:
THE CITY OF FORT COLLINS,COLORADO
a municipal corporation
Date
ATTEST:
City Clerk
(Printed name)
APPROVED AS TO FORM:
Assistant City Attorney
(Printed name)
STATE OF COLORADO
COUNTY OF
)
)ss
Jeni Arndt,Mayor
The foregoing instrument
by.
and official seal
My Commission expires:
was acknowledged before me this_day of
______,as Mayor of the City of Fort Collins.Witness my hand
Notary Public
Easement -City Granlor
Form Version 2022
Page 7 of 26
EXHIBIT A TO ORDINANCE NO.101,2025
ACCEPTED BY GRANTEE:
South Fort Collins Sanitation District
Grantee Signing Authority and Title
Easement -City Grantor Page 8 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.101,2025
EXHIBIT A
Legal Description of the Grantor’s Property
Page 1 of 3
Tract I
A pared of land being part of the South Half (Sill)of Section Scveritèn (VI).and part ofthe
North Half (N 1/2)of Section Twenty (20),all in Township S1K North (T.GN.),Range Sixty-eight
West (R.68W.)o the Sixth Principal Meridian (6th P.M.),County ofLarimer,State of Colorado
and being more particularly described as follows:
BEGINNING at the Northwest Corner of said Section 20 and assuming the North line of the
Northwest Quarter (NW1/4)of said Section 20 as bearing North 89°28’4l’East,being a Grid
Bearing of the Colorado State Planc Coordinate System,Norh Zone,North American Datum
1983/92,a distance of 2677.37 feet,with all other bearings contained herein relative thereto:
TI HENCE North 89°28’4 I”East along said North linc a distance of 1270.87 feet to the TRUE
POINT OF UEGINNING~
THENCE continuing North 89°28’41”East along said North line a distance of 905.31 feet to the
Southwest Corner of that parcel of land as described in that document as recorded May 29,1920
in Book 405 on Page 396 of the records of the Larirner County Clerk and Recorded (LCCR);
Thence along the NortherJy line of the aforesaid parcel of land by the following Four (4)courses
and distances:
THENCE North 100 12’42”East a distance of 920.40 feet;
THENCE North 5l04i~42~East a distance of 407.80 feet;
THENCE South 72°4 I’LS”East a distance of 690.80 feet;
THENCE South 19°43’lS”East a distanceof752.13 feet;
THENCE South 65°22’.59”West a distance of 1279.43 feet,
THENCE South 89°3646”West a distance of 1136.71 feet;
THENCE North 00°23’14”West a distance of 287.37 feet to the TRUE POINT OF
BEGINNING.
Easement -City Grantor Page 9 of 26
Form Version 2022
EXHIBIT A TO ORDNANCE NO.101,2025
EXHIBIT A
Legal Description of the Grantor’s Property continued
Page 2 of 3
Tract 2
A parcel of land being part of the Southeast Quarter (SEII4)of Section Seventeen (17),and part
of the North Half (P11/2)of Section Twenty (20),all in Township Six North (T.6N.),Rage Sixty-
eight West (R.68W )of the Sixth Principal Meridian (6th P.M.),County of Larinier,Stale of
Colorado and being more particularly described as follows:
BEGINNING at the Northwest Corner of said Section 2(1 and assum ng the North line of the
Northwest Quarter (NW 1/4)orsaid Section 20 as bearing North 89°28’4 I”East,being a Grid
Bearing of the Colorado State Plane Coordinate System,North Zone,North An erican Datum
1983192.a distance of 2677.37 feel,with all other bearings contained herein re alive thereto:
THENCE North 89°28’4 I”East along said North line a distance of i270.87 feet,
THENCE South 00023~I4It East a distance of 287.37 fcet to the TRUE POINT OF
J3EGINNING’
THENCE North 89°36’46”East a distance of 1136.71 feel;
THENCE North 65°22’59”East a distance of 1279.43 feel to the Northcrly uric of that parcel of
land as described in that document as recorded May 29,1920 in Book 405 on Page 396 of the
records of the Larirner County Clerk and Recorder (LCCR);
THENCE South I9°43’lB”East along said Northerly line a distance of 245.97 feet Lo the South
line of 11w SEI 14 or said Section 17 and being the Southeast Corner of the aforesaid parcel of
land.From said point the Northeast Corner of said Sect on 20 bears North 89°28’4 I”East a
distance of 1699.00 feet;
THENCE North 89°2W41”East along said South line a distance of 91.73 feet;
THENCE South I 498’46”West a distance of 571.04 feet,
THCNCE South 73°06’32”West a distance or ii 83.47 feet;
TI-1ENCII South 89°36’4&”West a distance of 1196.98 feet,
THENCE North 00 23’14”West a distance of595.36 feet to c I HUE POiNT OF
BEGIN1%ING.(CONT
Easement -City Grantor Page 10 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.101,2025
EXHIBIT A
Legal Description of the Grantor’s Property continued
Page 3 of 3
Tract3
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER (531/4)OF SECtION 17,
TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE 6TH P.M.IN LARIMER COUNTY,COLORADO,
AND DESCRIBED MORE SPECIFICALLY AS FOLLOWS:
CONSIDERING THE SOUTH Lull OF THE SE 1/4 OF SAID SECTION 17 AS BEARING SOUTH
8931’09”W AND WITH ALL BEARINGS COZJTMNED HEREIN RELATIVE THERETO:
COMMENCING AT THE SE CORNER OF SAID SECTION 17,THENCE ALONG THE SAID SOUTH
LINE S 99°31’09°W,951.20 FEEt TO THE TRUE POINT OF BEGINNING:
2’HSWCE,CONflNLTING ALONG SAID SOUTH LINE SOUTH 89°31’Cg”W 847.00 FEET TO A
POINT P011CM IS 30 PERT ABOVE HIGH WATER LINE OF DUCK LAYS DESCRIBED ON A PLAT
PREPARED BY JAMES STEWART FOR FOSSIL CREEK RESERVOIR,DATED JANUARY,1975;
THENCE ALONG SAID 30 FEET ABOVE HIGH WATER LINE NORTH 07°03’W,525.59 FEET;
THENCE,NORTH 24°32’WEST,408.52 FEET;THENCE LEAVING SAID 30 FOOl’ABOVE HIGH
WATER LINE,NORTH 40°34’EAST,33,29 PEST TO A POINT ALONG THE APPARENT
SOUTHWESTERLY RIGHTS-OF-WAY OF A COUNTY ROAD,SAID POINT BEING ALONG THE
EXISTING FENCE LINE;THENCE SOUTH 49°19’OO”EAST,1396.16 7222 ALONG SAID
EXISTING FINCH LINE TO THE TRUE POINT OF BEGINNING.
Tract 4
All that portion of the SEt 4 and the SEI/4 SWI/4 of Section 17,Township 6 North,
Range 68 West of the 6th PM.lying south of the right-of-way of L,arirner County Road #32.
Easement -City Grantor Page it of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.101,2025
EXHIBIT B
Legal Description and Depiction of the Easement Area
Page 1 of 2
A parcel of laid.being a portion olpropecty daLicated in Quitclann Deed.Recorded June 24’~
2004.as Recc1~tion No.200401161354 of the Records of I anmer Cnunt~nested in the Southeag
Quanei(SEl’4)ofScction Seventeen (17).TnwnsthipSit North (I.6\)Range S ciy.eight We~a
(R (,SW.)ofthcsixih Principal Meridian (6th tAt),County oflanmer.Statctr Colonido and
being more psiicularly described is follows:
cOMMENCINC;ot the Sotnheasz comcrofsaid Section 7 and assuming the South line of said
Section 17 as hearing South S9~2S’41”West,hcing Grid t4caringof the Colorado Stale Plant
Coordinate Svsteni,North Zone,Nnnh Amencan Datum 1983/201 I,a distance of 5~54 74 fcc,
with all other henriiii~s coniaincd herein relatave hereto,
htlLNCLtSouih K9°’8’41”~%c~talongchcSouthItneofScctton l7adittanccofS5].2Ofccitothe
St,utheast concrnlpn.pettv referred lisa.,‘Tract A (Williams),recorded Fel’ru~ny I3~2002,a~
Reception ‘oi 2002016’)53 of the reconis of I.arimcrCounty and to the Southaly Right of Way of
LanmerCounty Road 32 (Caspcnier Road)
[he ñ’tlowrng twc counes and dtsianct,are along the Easterly and Northerly lines olsaid
l’ractA (~“iII.ams
fIlhNCt \trlh4O 21’_es’Vtcsla]<sngiheSoiaherly RtgbtofWayLsfCarpenlerRcsad,adisianct
of 1398.16 fctt,to the Northeast corner olTrati A (Williams)and to the POINT OF
ISItCINS NC:
‘I IICNCE South 40~3l’43”West a distance of 33.29 feet to the Northwest cornerof fntci A
(~%illiains):
‘t’l-IFNCI’South $$‘57’2$”West adistaaceorS2S~t&t to ho h:aste,ly line oipropcnvreicrrcdtoas Dock
Lake so deed rocoaded February 7*21102.as Recepeon No 2002014481 of lIst records of l.atinicr [‘just
Ill Nd’North l9~~3’l7”West atonisdie Easredy lintel said thick bike,udiswnceof 3096 fb~t
[lIflCt Noith55’51’25”Fastadisiancenf7h.2~leer
11IENCEN0idi 4n°3l’31”East adislauce of 29OE fee,tech South Right of Way of daipente,Rr&a~
reconted in Ro’sd BookS.Pa~ie57:
l’IIL%Cl’Snod,4~4547’lA”P~mt a!.mg the Snotherl~Right of Way olCarpenta Road adktance ollO Ill)
tIet to the INNE OF 1WCINNINC.
Said describe,!parcel of land contains 3.243 Sçoare Feet or 0.075 ,\cres.more or less (t).and is
subject it’am’riglils.of.way or otlierea,enienis of record or as now e~is1ing on tat,!described
parcel of I anti
SLiK~£YORSSTA1t.IF.T
I,Rio 13.tones,a Colorado I icensed l’mfcsaonal Land Surveyor do hereby state that this
l’ropcny l)csenpttnn was prepred under my pasconal supervision and checking,and that ‘tis mac
ad corroci to the best of my knowledge and bclief~
Paul 14.(iroves -on
Colorado licensed l’rofcssional
land Surveyor W~R2fl9
ICING St it’.[‘VOltS
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Easement -City Grantor
Form Version 2022
Page 12 of 26
EXHIBIT B —continued
Legal Description and Depiction of the Easement Area
Page 2 of 2
DRMF~AGE cps~,sni EXHIBIT A PART OF TI-~E SEI5tCliONI?.r SN,P.68W,
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Easement -City Grantor Page 13 of 26
EXHIBIT A TO ORDINANCE NO.101,2025
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Form Version 2022
EXHIBIT A TO ORDINANCE NO.101,2025
Exhibit C
Legal Description and Depiction of Grantee’s Property
Page 1 of 2
A tract of land located in the S 1)2 of Section 17,Town
ship 6 North,Range 65 West of the Sixth P.It,Larimer County,
Colorado,being more particularly descriied as follows;
Considering the East line of the S 1/2 of said Section 17
as bearing $0021’K.and with all bear~nge coqtained herein
relative thereto:
tsn~~ing at the sz caner of said Section 17;thence along
the following courses per a plat prepared by Janet H.Stewart on
the 11th day of tecesiber 1969.and also recorded in Book 397,page
546 of the Lariner County Records:
N 0021’E.1831.00 feet to a point an the south side of
Fossil Creek Reservoir property boundary;thence,along said
Fossil Creek Reservoir property boundary and the said James U.
Stewart’s pin on the following courses:
N.8857’W.505.00 feat;thence1
N.80’2r W.465.00 feet;thence,
S.8125’1*.377.00 feet;thence,
N.7r46’N.434,00 feet,point also being the
true Point of Beginning,thence continuing
S.iroo’N.390.00 feet;t.ance,
S.79°40’N.176.00 feet;thence,
S.5848’W.4J5.00 feet;thence,
S.61l8’30.292.00 feet;thence,
5.54SQ5 ~347.00 feet;thence,
S.ll’04’8.271.00 feet;
thence,leaving the south boundary of tne Fossil Creek Reservoir
property as recorded in the aforementioned James H.Stewart survey;
thence along the following courses as recorded in Book 397,page
546;
N.5118 E.79.00 feet;thence,
N.5054e 8.352.00 feet;thence,
S.8630’B.72i..00 feet;thence,
S.4932’2.457.00 feet;thence,
N.O0°33’l.4”S.1016.34 feet to the flue Point of
Beginning.
The above described tract contains 16.993 acres.
basement -City Grantor Page 14 of 26
Form Version 2022
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Easement -City Grantor Page 15 of 26
EXHIBIT A TO ORDINANCE NO.101,2025
Exhibit C continued
Legal Description and Depiction of Grantee’s Property
Page 2 of 2
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Form Version 2022
EXHIBIT A TO ORDNANCE NO.101,2025
Exhibit D
Special Restoration/Mitigation and Monitoring Requirements
All Grantee’s activities on the Easement Areas,and any access across the Grantor’s Property,must
be carried out in a manner and on a schedule reasonably expected to minimize disturbance to the natural
features of the Grantor’s Property and the Grantor’s use thereof.If damage results from the maintenance,
operation or presence of the Facilities,or Grantee’s activities on the Easement Areas or elsewhere on the
Grantor’s Property,Grantee will make such repairs or take such other action as may be necessary to restore
the Grantor’s Property to a condition reasonably comparable to its prior condition,including without
limitation the provision of ongoing maintenance of any seeded or planted areas,correction of any
subsidence,and restoration of any other improvements or conditions impacted by Grantee’s activities,until
such time as any such repair and restoration is fully established and stabilized.Such restoration shall be
completed in accordance with the Grantor’s then-current specifications for comparable work on City of
Fort Collins natural areas.For the purpose of the initial installation of the Facilities,Grantee agrees to rely
on the Grantor’s applicable Resource Protection Standards (RPS)to specify current standards for activities
undertaken in City of Fort Collins Natural Areas,a copy of which is attached as Exhibit “D-1”and
incorporated herein by reference.The parties acknowledge that sensitive vegetation,habitat or other natural
conditions may require special effort by Grantee to protect,restore,or replace in the event they are disturbed
by Grantee’s activities.
Following final grading and initial seeding of the Easement Areas after initial reconstruction of the
Facilities,Grantee must seek the issuance of a Certificate of Conditional Acceptance from the Grantor.
Upon such issuance,the Grantor will assume responsibility for ongoing vegetation management,including
weed control,mowing,and reseeding,as needed,in areas disturbed by said reconstruction and seeded in
accordance with RPS and the provisions of this Agreement.The current one-time charge for the Grantor
to assume and perform said vegetation management for initial installation of the Improvements is $3,985.00
per acre of disturbance.The Grantor may from time to time,at its sole discretion,revise this estimated cost
to reflect then current estimates for vegetation management costs,and such updated estimate will be the
applicable charge for vegetation management in connection with future disturbance of the Easement Area,
if any.In accordance with this requirement,Grantee will compensate the Grantor in the amount of
$3,985.00,due upon the Grantor’s issuance of a Certificate of Conditional Acceptance for the final grading
and initial seeding.This one-time vegetation management cost is in addition to the consideration stated
above for the conveyance of the Easements.
Grantee will from time to time consult with the Grantor to ascertain applicable standards for
identification of wildlife species and wildlife habitat on the Grantor’s Property,and,except for emergencies
shall conform its maintenance and other activities on the Easement Areas to the then current City of Fort
Collins standards for identification and protection of the same.Grantee is responsible for obtaining from
the Grantor’s Natural Areas Department any permits required by the City Code for wildlife monitoring
activities.
Easement -City Grantor Page 16 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.101,2025
Exhibit D-1
General Resource Protection Standards
Updated March 2020
Introduction
This document lists the various resource protection standards that may be required as conditions of
granting an easement,license to enter,or right-of-way (collectively referred to in this document as
“easements”)on City Natural Areas and other conserved lands,in order to protect or restore natural
resource values.These measures are consistent with the requirements in the City Land Use Code for
Ecological Characterization Studies and for Resource Protection associated with development projects.
The measures will be evaluated for each easement request and applied as needed,depending on the site
location,characteristics of the site,and on the nature of the easement.
The applicable resource protection standards will be specifically included in the terms of the easement
agreement.They must also be included as notes on the approved construction plans for the easement
request.The easement holder (“Grantee”)must provide these standards to all contractors who will be
doing work for the Grantee within the easement area.The City may also attach some or all of these
requirements as an addendum to the Grantee’s Development Agreement,if applicable.
These resource protection standards are current as of March 2020.They may be updated from time to
time by the Natural Areas Department based on new information about the resources of the City’s natural
areas or on new information about best management practices.Applicants must contact the Natural
Resources Department for a current list of standards.
The Grantee is responsible for completing,or requiring all its contractors and sub-contractors to complete,
each of the following conditions that the City determines is applicable to the Grantee’s project:
Plans and Permits
Prior to starting any construction on the Project:
1.Submit final plans to the City and ensure that they have been approved and signed on behalf of
the City.Confirm that all permanent and temporary easements have been approved by City
Council and that the easement documents have been signed by both parties and recorded at the
County Clerk’s Office.Plans must include:1 ‘-2’contours;property lines with adjoining property
ownership shown;all wetlands;streams;ditches;riparian areas;prairie dog colonies;raptor nests
and raptor nests buffer zones;all existing and proposed man-made structures;all existing utilities;
all needed easements for access,construction staging areas,and construction (limits of
disturbance);construction plans and profiles;restoration plans;and general notes stating all
construction and restoration requirements.
2.Obtain a City Excavation Permit.
3.Perform field investigations and surveys to determine the presence and location of sensitive plants
or animal species and geological or archeological features.
4.Develop an erosion control plan.This plan must comply with the City’s Storm Drainage Design
Criteria and Construction Standards.Ensure that the erosion control plan has been approved and
signed by the City.
Easement -City Grantor Page 17 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.101,2025
5.Contact the Corps of Engineers to obtain a 404 permit and/or clearance of the project.Submit two
copies of the permit,or the letter of clearance from the Corps,to the City.
6.Conduct a Preble’s meadow jumping mouse survey according to U.S.Fish and Wildlife Service
guidelines.Submit two copies of the report and letter of clearance from the U.S.Fish and Wildlife
Service to the City.
7.Conduct a Ute ladies’tresses orchid survey according to U.S.Fish and Wildlife Service
guidelines.Submit two copies of the report and letter of clearance from the U.S.Fish and Wildlife
Service to the City.
Construction Coordination and Project Acceptance
8.Arrange for the City’s designated representative to attend the pre-construction meeting to meet
the contractors,discuss the importance of the resource protection requirements,discuss and
approve the construction schedule and establish lines of communication to be used during
construction.
9.Maintain ongoing communication with the City’s representative during construction to
communicate progress,changes in schedule,problems,and periodic inspections.
10.Once the project has been completed,arrange for the City’s representative to inspect the project
site to verify that the project was completed,and the site restored according to the applicable
plans and agreements.Once the City accepts the restoration work,the City will generally take
over the vegetation maintenance,per the specific terms of the easement agreement.
11.Provide the City with Drawings of Record within sixty (60)days after the completion of the
improvements.
Wildlife
12.Rantors:Survey the site to determine if any of the following species are present and check with
the City for information on possible nesting,feeding or roosting sites.
a.All construction falling within raptor nest buffer zones will adhere to construction
requirements for these zones.
b.If the site is used as a winter-feeding area by large birds of prey,construction cannot take
place from October 15 through March 15 to avoid disturbing feeding eagles and large
hawks,unless otherwise directed by the City.
c.if a bald eagle and/or feruginous hawk winter night roost is located near the proposed
easement,construction cannot take place from October 15 through March 15 to avoid
disturbing night-roosting eagles and/or hawks.
d.if a Swainson’s hawk nest is located near the proposed easement,construction cannot take
place from April 1 through July 15 to avoid disrupting the nesting cycle of the hawk.
e.If a red-tailed hawk nest is located near the proposed easement,construction cannot take
Easement -City Grantor Page 18 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.101,2025
place from March 1 through July 15 to avoid disrupting the nesting cycle of the hawk.
f.If burrowing owls are nesting within 330 feet of the limils of development,construction
cannot take place from April 1 through August I to avoid disrupting the nesting cycle of
the owls.
13.If construction will be taking place in or through an area that contains or may contain prairie
dogs,either relocate the prairie dogs or fumigate the burrows immediately pnor to any grading.
Relocation of Prairie dogs between February 1 and August 1 is not permitted.Burrowing owl
survey required prior to fumigation.Proof of prairie dog eradication required prior to grading.
14.Perform the wildlife surveys described below,noti~’the City of the survey results and obtain
approval of construction schedule prior to starting construction.These surveys may be done
several months prior to construction,but if done more than 30 days prior to construction they
must be performed again within 30 days prior to the start of construction to verify results.
a.The site may contain den sites for red foxes.Conduct surveys to determine if any foxes
are denning within 100 feet of the limits of development.If foxes are found to be denning
within 100 feet,then construction cannot take place during the normal denning and pup-
rearing season (February 1 through October I).
b.The site may contain den sites for coyotes.Conduct surveys to determine if any coyotes
are denning within 300 feet of the limits of development.If coyotes are found to be
denning within 300 feet,then construction cannot take place during the normal denning
and pup-rearing season (February 1 through October I).
c.The site may contain den sites for badgers.Conduct surveys to determine if any badgers
are denning within 300 feet of the limits of development.If badgers are found to be
denning within 300 feet,then construction cannot take place during the normal denning
and young-rearing season (January I through August 1).
Plants
15.The site may contain plant species listed as rare in Colorado.If a rare plant is discovered prior to
or dunng construction activities,notify the City.The City may,in its discretion,require the
Grantee to remove all such plants within the limits of disturbance prior to construction,keep
plants alive and replant after construction is completed,or the City may salvage existing plants
and shrubs for transplanting to other sites.
16.The site may contain native shrubs and/or trees that may be within the limits of development.
Any native shrubs/trees removed to allow construction or damaged during construction must be
replaced or mitigated as approved by city staff and detailed in the mitigation plan.
Structures
17.Remove,store,protect and replace any man-made structures (e.g.,kiosks,raptor perch poles,
prairie dog barriers and fencing)within the limits of disturbance.
18.Repair any damage to concrete bike trails,fences,parking lots,or any other improvements caused
Easement -City Grantor Page 19 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.101,2025
directly or indirectly by the construction.Repair replace improvements immediately to current
City standards,including matching the color of the concrete.
Field Demarcation
19.Install orange construction fencing to mark the easement limits (limits of disturbance)on the site.
Do not begin any construction activities until the City’s representative has approved the fence
location.
20.Post temporary signs informing the public that this is the Grantee’s project and indicating the
purpose of the project and the Grantee’s phone number.Signs must be posted at the locations
designated by the City.
Erosion Control
21.Have erosion control measures in place and approved by a City representative prior to any
construction.
22.Obtain erosion control and de-watering permits as necessary.
Cradin&Construction
23.Required documentation that equipment has been washed/disinfected prior to arriving on site to
prevent the spread of noxious species.
24.For areas with native vegetation,strip topsoil in all areas of excavation to a depth of 8 inches and
stockpile separately.Wetland and upland soils must be stockpiled separately from each other.
Place the topsoil in an 8-inch layer on top of the subsoil in the corresponding zone immediately
following the completion of construction.
25.For areas with non-native vegetation,strip the top 2 inches of topsoil from the entire construction
easement area and remove the topsoil from the site to remove the non-native vegetation seed
source.Then strip 8 inches of topsoil from the area to be excavated and stockpile separately.
Wetland and upland soils must be stockpiled separately from each other.Place the topsoil in an
8-inch layer on top of the subsoil in the corresponding zone immediately following the
completion of construction.
26.Maintain a safe work area and protect the safety and welfare of Grantee’s employees,contractors
or subcontractors,and the general public,including without limitation providing barricades and
safety fences around excavations and drop-oils left open at the end of a workday.Safety
precautions must be in compliance with all applicable laws,rules and regulations.
27.Compact backfill in trenches to 95°o Standard Proctor Denstty.Test the compacted soils at 100’
intervals horizontally and 2’intervals vertically within the area of excavation to ensure that this
requirement has been met.Submit to the City all laboratory Proctor density results,and a copy of
all field compaction tests.After compaction to final subgrade (8”below finished grade),the top 6
inches of subsoil must be ripped (no more than 20”between intervals),and the previously
stripped and stockpiled topsoil materials spread evenly over the excavated areas.Soils in
Easement -City Grantor Page 20 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.101,2025
backfihled,compacted,topsoil trenches must match the grade of the surrounding undisturbed
areas.
28.Set all manhole covers,valve lids,vaults,etc.below or flush with the finished topsoil surface.If
any improvements are approved for construction above the final grade,they must be painted with
a color approved by the City.
29.Remove the upper sections of all existing manholes to be abandoned and fill the holes with soil.
This soil must be compacted to 95°c Standard Proctor Density to prevent settlement.
30.Remove the upper sections of all existing manholes to be retained,but that are not flush with the
finished topsoil surface and rebuild to be flush with the topsoil surface.
31.Bring to grade (match surrounding topography)all settled and eroded areas along the existing
pipeline,if any,to be abandoned during construction of the new pipeline.Repair any settlement
that occurs over the existing pipeline or new pipelines after completion and acceptance of the
project by the City.Any necessary repairs must be conducted in a manner and at a time directed
by the City.Repaired areas must be restored as per restoration requirements outlined in this
document or in the easement agreement.
32.Areas within the limits of disturbance that have been driven over,compacted or rutted by
equipment must be scarified to a depth of 8”(not to exceed 10”between intervals),and regraded
to original grade and contours.
33.Meet with the City’s representative to discuss and get approval of the final grading and the
seeding/mulching process prior to reseeding.Seed all disturbed and topsoiled areas with a seed
mix of native species specified by the City.The seed must be drilled into the soil an appropriate
depth for the species in the mix and existing conditions,using a range drill (not a Brillion).
Immediately following seeding,roll the seeded areas with a sheep’s foot roller to lightly compact
and imprint the soil.This removes air voids,provides better seed-soil contact and provides
indentions in the soil that will capture moisture.All seeded areas must then be hydro-mulched in
accordance with the City’s Storm Drainage Design Criteria and Consti-uction Standards.
Following final grading and initial seeding of the Construction Easement Area and acceptance by
the City,the City will be responsible for ongoing restoration management,including weed
control,mowing,and reseeding,as needed,in areas disturbed and seeded in accordance with this
paragraph.The cost for the City to perform restoration management over the next five to ten
years is calculated to be three thousand nine hundred eighty-five dollars ($3,985.00)per acre of
disturbance,or $3,985 for disturbed areas less than I-acre,based on grassland/shrubland cover
types.Restoration management fees will be determined on a case-by-case basis for other cover
types.
Any requirements listed above that are not completed in a timely manner may be corrected by the City at
the Grantee’s expense.The City will bill the Grantee for the cost of the correction plus management costs.
Easement -City Grantor Page 21 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.101,2025
Standards and Guidelines for Restoration
Updated March 2020
PART I GENERAL
1.1 DESCRIPTION
This section covers the requirements for the revegetation of utility easements on City Natural Areas and
Open Lands.This includes but is not necessarily limited to upland and wetland soil stockpiling,
preparation,and placement,soil amendments,seeding,mulching,sediment and erosion control fabrics,
watering and initial care,and final inspection and acceptance by the City.This section addresses all
areas disturbed during the work shown or indicated in the executed utility easement documents and
approved project plans.
1.2 PROJECT MONITORING
The recipient of the utility easement (Grantee)shall notify the Natural Areas Department (NAD)at least
three (3)working days prior to the commencement of any work.NAD will monitor the progress of the
work throughout.NAD will also,at its discretion,collect samples during construction of seed,soil
additives,water,or any other materials it deems necessary to ensure specifications are met.
1.3 SUBMITIEALS
General -The Grantee shall be required to submit statements of guarantee and/or certifications from
vendors who supply seed,mulches,tackifiers,and any soil amendments or other materials utilized on the
project.These submittals are detailed in Part 2 Materials.
Required Soils Testing The Grantee shall,if requested by NAD,sample project soils and submit them for
analysis to a qualified soil testing laboratory pnor to the start of any seeding operations.As least one soil
sample per project soil type must be collected.The location of soil samples shall be jointly determined by the
Grantee and NAD.Soil Samples shall be analyzed for the following minimum parameters:
I.pH
2.00 Organic Matter
3.Texture (actual ~o sand,silt,clay,not an estimate)
4.CEC (Contaminants of Emerging Concern)
5.Nitrate,Phosphorous,Potassium,Zinc,Iron,Copper,and Manganese (results in ppm)
The laboratory shall be informed of the species proposed to be planted and the general nature of the
project.Based on this information,the laboratory shall provide written recommendations for soil
amendments.This report shall be submitted to NAD,where it will be reviewed and approved or
modified prior to any soil preparation or seeding.
1.4 GRANTEE’S SITE RESPONSIBILITIES
It shall be the responsibility of the Grantee to locate and protect all utilities,structures,roadways,
parking areas,fences,survey markers,existing vegetation (e.g.trees),etc.on all work sites.Any damage
caused by the Grantee or their subcontractors shall be immediately repaired or corrected by the Grantee
at no expense to the City of Fort Collins.
Easement -City Grantor Page 22 of 26
Form Version 2022
EXHIBIT A TO ORDINANCE NO.101,2025
1.5 CL.EAMNG
All work sites shall be kept clean and free from all debris.At the conclusion of work,the Grantee
shall remove and haul from the site all excess materials,debris,and equipment.Any damage (e.g.
damaged fencing,damaged road surfaces,excessive tire furrows,mud tracked onto pavement,
etc.)resulting from the Grantee’s activities shall be repaired by the Grantee to the satisfaction of
NAD at no expense to the City of Fort Collins.
1.6 INSPECTEON;ACCEPTANCE
Initial inspection —The Grantee shall give the NAD three (3)working days written notice
prior to the beginning of any revegetation work.The Grantee and NAD will inspect the site and
verify that all utility work has been completed in accordance with specifications,including but
not limited to backfill and compaction,final site grading,replacement of topsoil,removal of all
construction materials,and site cleanup.When this has been verified,NAD will notify the
Grantee in writing that revegetation work may begin.
Condidonal Acceptance -When work has been completed on the project or on any portion or
phase of the project designated in the documents and plans,the Grantee and NAD shall inspect
the site together and determine whether or not the work is complete and has been done in
accordance with easement documents and specifications.If mutual agreement cannot be
reached on these issues,the determinations made by NAD shall be final.Deficiencies in the
work,if any,shall be noted and a checklist of these deficiencies given to the Grantee by NAD.
The Grantee shall immediately correct any deficiencies listed on the checklist.When all
checklist items are completed to the satisfaction of NAD,NAD shall issue a Certificate of
Conditional Acceptance.
Final Inspection &Final Approval
The Grantee shall pay the City of Fort Collins Natural Area Department a lump sum of $3,985
per acre disturbed,or $3,985 for disturbances less than I-acre,prior to signing and recording
the easement.Once the initial restoration is completed the Grantee is issued a conditional letter
of acceptance as defined above,the City will assume maintenance responsibility for the
revegetated area.This acceptance DOES NOT relieve the Grantee from the warranty of the
work as defined below in the Warranty paragraph.
Warranty
The Grantee shall warrant all seeded areas against defective materials and workmanship for two
growing seasons from the date of Conditional Acceptance.At any time during the warranty
period,NAD may order any samples collected at the time of seeding to be tested for purity,
weed content,species present,etc.The Grantee shall be responsible for the cost of these tests.
The Grantee shall rework and reseed (in accordance with the provisions in the original project
specifications)any areas that are dead,diseased,contain too many weedy species,or in the
opinion of NAD are in an unhealthy condition as a result of defective materials or
workmanship,at no cost to the City.Any and all reseeding or other remedial measures required
shall be completed within ten days of notification by NAD.
Easement -City Grantor Page 23 of 26
Form Version 2022
EXHIBIT A TO ORDiNANCE NO.101,2025
PART 2.MATERIALS
2.1 GENERAL
All materials used shall be new and without flaws or defects of any type and shall be the best of
their class and kind.All materials furnished shall be free of noxious weeds as defined in Article
III,Section 20-4 1 of the Code of the City of Fort Collins,including but not limited to Russian
Knapweed,Canada Thistle,Field Bindweed,Johnsongrass,Leafy Spurge,and Kochia.Any
materials which have become wet,moldy,or otherwise damaged in transit or in storage will not
be used.
All materials shall be furnished in original manufacturers shipping bags or containers and
remain in these bags or containers until they are used.All materials shall be stored in a manner
which will prevent contact with precipitation,surface water,or any other contaminating
substance.
2.2 SEED
The seed mix will be specified by NAD.All seed shall be mixed by a wholesale seed supplier in
the proportions determined by NAD in order to obtain the application rate specified by NAD.
All seed shall conform to all current State and Federal regulations and will be subject to the
testing provisions of the Association of Official Seed Analysis.All seed and seed mixes shall
be furnished in bags or containers clearly labeled to show the name and address of the supplier,
the common,scientific,and variety name(s)of the seed(s),the lot number,point of origin,net
weight,percent of weed content,and the guaranteed percentage of purity and germination.
‘I’hese labels shall be submitted to NAD for approval prior to seeding.The Grantee shall furnish to
NAD a signed statement certi~ing that the seed furnished is from a lot that has been tested by a
recognized laboratory for seed testing within six months prior to the date of delivery.
2.3 FERTILIZER
Fertilizers are not permitted.
2.4 MULCH
General -The type of mulching material to be used shall be designated by NAD.
Hay or Straw Mulch -All hay or straw mulch shall be grass hay or straw.At least seventy-
five (75°o)percent of the mulch by weight shall be ten (10”)inches or more in length.Mulch
shall not contain any noxious weed,must,mold,cake,or decay.All mulch must be certified,
copies of certification to be submitted to NAD for approval prior to transport to the
construction site.
Native Grass Hay Mulch At least seventy-five (75°o)of the mulch by weight shall be ten
(10”)inches or more in length.Native grass hay mulch shall be certified,copies of the
certification to be submitted to NAD for approval prior to transport to the construction site.
Hydraulic Mulch -Hydromulch material shall consist of at least ninety (90%)percent virgin
wood cellulose fiber and be free of any substance or factor which might inhibit germination or
growth of grass seed.The wood cellulose fibers shall have the property of becoming evenly
dispersed and suspended when agitated in water.Hydraulic mulch shall be clean and shall not
contain the seeds of noxious weeds or unspecified grasses.It shall be dyed a color to allow
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visual metering of its application.When sprayed uniformly on the surface of the soil,the fibers
shall from a blotter-like ground cover which readily absorbs water and allows infiltration to the
underlying soil.Weight specifications for hydraulic mulch from suppliers and for all
applications shall refer only to air dry weight of the fiber,a standard equivalent to ten (10%)
percent moisture.The hydraulic mulch material shall be supplied in packages having a gross
weight not in excess of one hundred (100 lbs.)pounds and shall be marked by the manufacturer
to show the air-dry weight content.
The Grantee shall obtain and submit to the project manager certifications from suppliers of
hydraulic mulch that laboratory and field testing of their product has been accomplished,and
that it meets all the foregoing requirements pertaining to wood cellulose fiber mulch.
2.5 ORGANIC TACKIFIER/BINDER
Tackifier,if needed for hydro mulching operations,shall be approved by NAD prior to its use.
Tackifier shall be an approved commercial grade product (such as “M-Binder”from Ecology
Controls,P.O.Box 1275,Carpinteria,CA 93013)suitable for use with virgin wood cellulose
fiber mulch.Any tackifier shall be a non-toxic,non-corrosive,all organic powder which forms
a resilient,re-wetable membrane when combined with wood fiber mulches and water.Tackifier
materials shall be furnished in original manufacturer’s bags or containers clearly labeled to
show the name and address of the supplier,and the material chemical contents.Labels and
certificates shall be submitted to NAD
2.6 EROSION CONTROL NETTING,BLANKETS,MATS,FABRICS
Erosion control blankets,mats,or other commercial products for stabilizing land disturbed areas
may be required in certain areas.If so,the type,manufacturer,and installation method for these
products will be specified by NAD.
2.7 WATER
All water used on projects under this Contract shall be free of any substances harmful to plant
germination and growth,or to the environment in general.The Grantee shall be responsible for
furnishing and applying water which meets these requirements.NAD may,at the Grantee’s
expense,submit samples of water used on any project for laboratory analysis (of a reasonable
number and kind)to ensure the quality of the water.
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EXHIBIT £
Plans
To be replaced with copy of plans
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