HomeMy WebLinkAbout114 - 07/15/2025 - AUTHORIZING THE CONVEYANCE OF A PERMANENT ACCESS EASEMENT TO JOSH AND DUSTI SANGER ACROSS CITY PROPEORDINANCE NO. 114, 2025
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PERMANENT
ACCESS EASEMENT TO JOSH AND DUSTI SANGER ACROSS
CITY PROPERTY ON TRILBY ROAD
A.The City acquired Coyote Ridge Natural Are a through a series of purchases
from 1994 to 2019, some jointly with Larimer County. In 2019, the City independently
purchased 40 acres from Margaret and Glen Hazelhurst to add to Coyote Ridge Natural
Area (the "40-acre site"). As part of the transaction, the Hazelhursts retained a 5-acre
inholding around their residence on the 40-acre site. At the time of the land division, a
utility easement for a cistern, pump, and the utility line connecting them to their residence,
located at 2887 West Trilby Road, was designated on a plat recorded at Reception No.
20190054758 in the records of the Larimer County Clerk and Recorder. However, the
plat did not include an access easement to reach the cistern, pump and utility lines.
B.The 5-acre inholding is now owned by Josh and Dusti Sanger. The Sangers
recognized they had no recorded access to the cistern, pump and utility lines and reached
out to City staff to document their access to this existing infrastructure. Prior to the land
division, the Hazelhursts likely used the route to the cistern, pump, and utility .lines that
the Sangers would like to document now.
C.The City and the Sangers have negotiated an access easement (the
"Easement Agreement") that will recognize their ability to access the cistern, pump, and
utility lines on the 40-acre site. The form of the Easement Agreement, with its terms and
conditions, is shown on Exhibit A, attached hereto and incorporated herein by this
reference. The area of the Easement is approximately one-half acre (the "Easement
Area"). The Easement Area is described on Exhibit B to the Easement Agreement.
D.Given the likely historic use of the Easement Area by the Hazelhursts to
access the cistern, pump, and utility lines, it is to the City's advantage to now formalize a
property right on terms beneficial to the City. The Easement Agreement defines
parameters for access, notification, and restoration. It also requires the Sangers to
maintain insurance relating to their use of the Easement and to defend the City in the
event of a third-party claim against the City.
E.The City has estimated the fair market value of the Easement is $1,905.
The City is not requesting compensation for the Easement because of the landowners'
historic use of the access route to the cistern, pump, and utility lines prior to the City's
acquisition of the 40-acre site.
F.Section 23-111(a) of the City Code authorizes the City Council to sell,
convey or otherw,se 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.
-1-
G.The 40-acre site is subject to a conservation easement owned by Larimer
County, recorded on September 20, 2019, at Reception Number 20190057273 in the
records of the Larimer County Clerk and Recorder. City staff has notified the County about
the City granting the Easement to the Sangers and City staff has received no objection to
this property disposition from the County.
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. 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 July 1, 2025, and approved
on second reading for final passage on July 15, 2025.
ATTEST:
Effective Date: July 25, 2025
Approving Attorney: Ted Hewitt
Exhibits: Exhibit A -Easement with Terms and Conditions
-2-
EXHIBIT A TO ORDINANCE NO. 114, 2025
following mailing by certified 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.
1 I. Default, Remedies and Litigation Expenses. 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. Each party shall be responsible for its own
attorney's fees and costs.
12.Assignment. Grantee may not assign its rights under this Deed without the prior written
consent of Grantor.
13.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. Any obligation of the
Grantor under this Deed for fiscal years after the year of this Deed are subject to annual
appropriation by Grantor's governing body, in their sole discretion, of funds sufficient and
intended for such purposes. Nothing in this Deed shall be construed to waive the City's immunity
under the Colorado Governmental Immunity Act.
14.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.
____ 20_, passed on final reading by the City Council of the City of Port Collins on the
___ day of _____ � 20_.
5
EXHIBIT A TO ORDINANCE NO. 114, 2025
Date
ATTEST:
City Clerk
(Printed name)
APPROVED AS TO FORM:
Assistant City Attorney
(Printed name)
GRANTOR:
THE CITY OF FORT COLLINS,
COLORADO
a municipal corporation
JeniArndt,Mayor 6
EXHIBIT A TO ORDINANCE NO. 114, 2025
ExhibitB
Easement Area
(Page 1 of2)
DESCRIPTION OF AN EASEMENT TO BE CONVEYED
FROM THE CITY OF FORT COLLINS TO SANGER
A 20' WIDE STRIP OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 16,
TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS,
COUNTY OF LARIMER, STATE OF COLORADO; BEING LOCATED WITHIN LOT 1 OF THE
HAZELHURST M.L.D. AS RECORDED AT RECEPTION NO. 20190054758 IN THE OFFICE OF
THE LARIMER COUNTY CLERK AND RECORDER; BEING 10 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE:
COMMENCING AT THE NORTHWEST CORNER OF SAlD SECTION 16, AND CONSIDERING
THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 16 TO BEAR N89°46'48"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A NO. 6 REBAR WITH
A 2-1/2" ALUMINUM CAP STAMPED LS 16404, AND ON ITS EAST END BY A NO. 6 REBAR
WITH A 2-1/2" ALUMINUM CAP STAMPED LS 10740, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS
CONTAINED HEREIN RELATIVE THERETO;
THENCE S81"56'23'E, A DISTANCE OF 1,443.12 FEET TO A POINTON THE EASTERLY
BOUNDARY OF AN EXlSTING 20' ACCESS AND EMERGENCY ACCESS EASEMENT AS
SHOWN ON SAID M.L.D, SAID POlNT BEING THE POINT OF BEGINNING;.
THENCE GENERALLY IN A SOUTHEASTERLY DIRECTION ALONG THE MOST
PRACTICABLE ROUTE, 440 FEET MORE OR LESS TO A POINT FROM WHENCE THE NORTH QUARTER CORNER OF SAID SECTION 16 BEARS N63°27'04"E, 956.50", SAID
POINT BEING THE POINT OF TERMINATION.
TOGETHER WITH AN AREA FOR TURNAROUND BEING. THAT AREA CONTAINED WITHIN
THE CIRCLE WHOSE CENTER POINT IS THE POINT OF TERMINATION, AND WHOSE RADIUS IS 30.00 FEET.
IT IS THE INTENT OF THIS DESCRIPTION THAT ITS BOUNDARIES BE LENGTHENED OR
FORESHORTENED TO END ON THE EASTER!. Y BOUNDARY OF SAID EXISTING ACCESS
AND EMERGENCY ACCESS EASEMENT, AND ON THE NORTHERLY BOUNDARIES OF THE
EXISTING 20' X 20' WATER TANK EASEMENT AND THE EXISTING 1.5' UTILITY EASEMENT
AS BOTH ARE SHOWN ON SAID M.L.D.
CONTAINING 0.25 ACRES MORE OR LESS AND BEING SUBJECT TO ALL EASEMENTS AND
RIGHTS OF WAY OF RECORD OR THAT NOW EXIST ON THE GROUND.
I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND IS TRUE A�JD CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF, AND OPINION.
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EXHIBIT Aro ORDINANCE NO. 114, 2025 Exhibit C
Grantee's Property
(Page I of I)
Lot 2, Hazelhurst MLD No. 19-LAND3896 (20190054758) 11
EXHIBIT A TO ORDINANCE NO. 114, 2025 ExhibitD Special Restoration Requirements (Page 1 of5) General Resource Protection Standards for Easements or Rights-of-Way
on City of Fort Collins ("City") Natural Areas and Conserved Lands Update 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 Deed. 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 August 2013. 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 theCity. Confirm that all permanent and temporary easements have been approved by City Council and thatthe easement documents have been signed by both parties and recorded at the County Clerk's Office.Plans must include: l '-2' contours; property lines with adjoining property ownership shown; all wetlands;streams; ditches; riparian areas; prairie dog colonies; raptor nests; all existing and proposed man-madestructures; all existing utilities; all needed easements for access, construction staging areas, andconstruction (limits of disturbance); construction plans and profiles; restoration plans; and general notesstating 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 Design12
EXHIBIT A TO ORDINANCE NO. 114, 2025
Criteria and Construction Standards. Ensure that the erosion control plan has been approved and signed
by the City.
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 Deed.
11.Provide the City with Drawings of Record within sixty (60) days after the completion of the
improvements.
Wildlife
12.Raptors: 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.If the site is used as a winter-feeding area by large birds of prey, construction cannot take place from
October I 5 through March 15 to avoid disturbing feeding eagles and large hawks, unless otherwise
directed by the City.
b.If a bald eagle and/or ferruginous 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.
c.If a Swainson's hawk nest is located near the proposed easement, construction cannot take place from
April I through July 15 to avoid disrupting the nesting cycle of the hawk.
d.If a red-tailed hawk nest is located near the proposed easement, construction cannot take place from
March 1 through July 15 to avoid disrupting the nesting cycle of the hawk.
e.If burrowing owls are nesting within 330 feet of the limits of development, construction cannot take
13
EXHIBIT A TO ORDINANCE NO. 114, 2025 place from April 1 through August 1 to avoid disrupting the nesting cycle of the owls. 13.If construction will be taldng place in or through an area that contains or may contain prairie dogs,either relocate the prairie dogs or fumigate the burrows immediately prior to any grading. Relocation ofPrairie dogs between February 1 and August 1 is not permitted. Burrowing owl survey required prior tofumigation. Proof of prairie dog eradication required prior to grading.14.Perform the wildlife surveys described below, notify the City of the survey results and obtainapproval of construc tion schedule prior to starting construction. These surveys may be done severalmonths prior to construction, but if done more than 30 days prior to construction they must be performedagain 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 denningwithin 100 feet of the limits of development. If foxes are found to be denning within 100 feet, thenconstruction cannot take place during the normal denning and pup-rearing season (February 1 throughOctober I).b.The site may contain den sites for coyotes. Conduct surveys to determine if any coyotes are denningwithin 3 00 feet of the limits of development. If coyotes are found to be denning within 3 00 feet, thenconstruction cannot take place during the normal denning and pup-rearing season (February I throughOctober!).c.The site may contain den sites for badgers. Conduct surveys to determine if any badgers are denningwithin 300 feet of the limits of development. If badgers are found to be denning within 300 feet, thenconstruction cannot take place during the normal denning and young-rearing season (January 1 throughAugust!).Plants 15.The site may contain plant species listed as rare in Colorado. If a rare plant is discovered prior to orduring construction activities, notify the City. The City may, in its discretion, require the Grantee toremove all such plants within the limits of disturbance prior to construction, keep plants alive and replantafter construction is completed, or the City may salvage existing plants and shrubs for transplanting toother sites.16.The site may contain native shrubs and/or trees that may be within the limits of development. Anynative shrubs/trees removed to allow construction or damaged during construction must be replaced on atwo-for-one/same species basis. All replacement shrubs/trees must be I-gallon container size and must bewarranted to survive for 2 complete growing seasons.Structures 17.Remove, store, protect and replace any man-made structures ( e.g., kiosks, raptor perch poles, prairiedog barriers and fencing) within the limits of disturbance.18.Repair any damage to concrete bike trails, fences, parking lots, or any other improvements causeddirectly or indirectly by the construction. Repair/replace improvements immediately to current Citystandards, including matching the color of the concrete.19.Install orange construction fencing to mark the easement limits (limits of disturbance) on the site. Donot begin any construction activities until the City's representative has approved the fence location.14
EXHIBIT A TO ORDINANCE NO. 114, 2025 20.Post temporary signs informing the public that this is the Grantee's project and indicating the purposeof the project and the Grantee's phone number. Signs must be posted at the locations designated by theCity.21.Have erosion control measures in place and approved by a City representative prior to anyconstruction.Grading/Construction 22.Required documentation that equipment has been washed/disinfected prior to arriving on site toprevent the spread of noxious species.23.For areas with native vegetation, strip topsoil in all areas of excavation to a depth of 8 inches andstockpile separately. Wetland and upland soils must be stockpiled separately from each other. Place thetopsoil in an 8-inch layer on top of the subsoil in the corresponding zone immediately following thecompletion of construction.24.For areas with non-native vegetation, strip the top 2 inches of topsoil from the entire constructioneasement area and remove the topsoil from the site to remove the non-native vegetation seed source. Thenstrip 8 inches of topsoil from the area to be excavated and stockpile separately. Wetland and upland soilsmust be stockpiled separately from each other. Place the topsoil in an 8-inch layer on top of the subsoil inthe corresponding zone immediately following the completion of construction.25.Maintain a safe work area and protect the safety and welfare of Grantee's employees, contractors orsubcontractors, and the general public, including without limitation providing barricades and safety fencesaround excavations and drop-offs left open at the end of a workday. Safety precautions must be incompliance with all applicable laws, rules and regulations.26.Compact backfill in trenches to 95% Standard Proctor Density. Test the compacted soils at 100'intervals horizontally and 2' intervals vertically within the area of excavation to ensure that thisrequirement has been met. Submit to the City all laboratory Proctor density results, and a copy of all fieldcompaction tests. After compaction to final sub grade (8" below finished grade), the top 6 inches ofsubsoil must be ripped (no more than 20" between intervals), and the previously stripped and stockpiledtopsoil materials spread evenly over the excavated areas. Soils in backfilled, compacted, topsoil trenchesmust match the grade of the surrounding undisturbed areas.27.Set all manhole covers, valve lids, vaults, etc. below or flush with the finished topsoil surface. If anyimprovements are approved for construction above the final grade, they must be painted with a colorapproved by the City.28.Remove the upper sections of all existing manholes to be abandoned and fill the holes with soil. Thissoil must be compacted to 95% Standard Proctor Density to prevent settlement.29.Remove the upper sections of all existing manholes to be retained, but that are not flush with thefinished topsoil surface and rebuild to be flush with the topsoil surface.30.Bring to grade (match surrounding topography) all settled and eroded areas along the existingpipeline, if any, to be abandoned during construction of the new pipeline. Repair any settlement thatoccurs over the existing pipeline or new pipelines after completion and acceptance of the project by theCity. Any necessary repairs must be conducted in a manner and at a time directed by the City. Repairedareas must be restored as per restoration requirements outlined in this document or in the Deed.15
EXHIBIT A TO ORDINANCE NO. 114, 2025 31.Areas within the limits of disturbance tbat have been driven over, compacted or rutted by equipmentmust be scarified to a depth of 8" (not to exceed 10" between intervals), and regraded to original gradeand contours.32.Meet witb the City's representative to discuss and get approval of the final grading and tbeseeding/mulching process prior to reseeding. Seed all disturbed and topsoiled areas with a seed mix ofnative species specified by the City. The seed must be drilled into the soil an appropriate depth for thespecies in tbe mix and existing conditions, using a range drill (not a Brillion). Immediately followingseeding roll tbe seeded areas with a sheep's foot roller to lightly compact and imprint tbe soil. Thisremoves air voids, provides better seed-soil contact and provides indention's in tbe soil tbat will capturemoisture. All seeded areas must then be hydromulched in accordance with the City's Storm DrainageDesign Criteria and Construction Standards. Following final grading and initial seeding of theConstruction Easement Area and acceptance by the City, the City will be responsible for ongoingvegetation management, including weed control, mowing, and reseeding, as needed, in areas disturbedand seeded in accordance with this paragraph. The cost for tbe City to perform the vegetationmanagement over the next five to ten years is calculated to be three thousand dollars ($3,000.00) per acreof disturbance based on grassland/shrubland cover types. Vegetation management fees will be determinedon 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 tbe Grantee's expense. The City will bill the Grantee for the cost of the correction plus management costs. 16