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HomeMy WebLinkAbout057 - 04/15/2003 - AUTHORIZING EASEMENTS ACROSS A PORTION OF RIVERBEND PONDS NATURAL AREA FOR CONSTRUCTION AND OPERATIO ORDINANCE NO. 057, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING EASEMENTS ACROSS A PORTION OF RIVERBEND PONDS NATURAL AREA FOR CONSTRUCTION AND OPERATION OF AN 8-INCH WATERLINE WHEREAS, the City of Fort Collins is the owner of certain real property located south of Mulberry Street and generally east of Timberline Road known as the Riverbend Ponds Natural Area (the "Site"); and WHEREAS, Hooraz, Inc.("Hooraz"), is the developer of Riverbend Condominiums, a condominium development of eight units adjacent to the Site that is currently pending final approval from the City of Fort Collins (the "Development"); and WHEREAS, Hooraz has requested that the City grant a temporary construction easement to Hooraz for the installation of an 8-inch waterline across the north end of the Site (the "Improvements") and a permanent easement to East Larimer County Water District ("ELCO") for the long term maintenance of the Improvements, in order to satisfy development requirements for the Development; and WHEREAS, City staff has negotiated with Hooraz a nonexclusive temporary easement for the installation of the Improvements on the area described on attached Exhibit "A," attached hereto and incorporated herein by this reference (the "Temporary Easement Area"), for the sum of$100; and WHEREAS, City staff has negotiated with ELCO a nonexclusive permanent easement for the operation and maintenance of the Improvements on and under the area described on Exhibit "B," attached hereto and incorporated herein by this reference (the "Permanent Easement Area"), for the sum of$100; and WHEREAS, City staff has negotiated a temporary easement agreement and a permanent easement agreement to document the terms and conditions of the easements, both dated March 28, 2003 (the "Easement Agreements"), which agreements are on file in the office of the City Clerk and available for public review; and WHEREAS, the Easement Agreements include specific resource protection and restoration requirements that are intended to result in an improved condition of the Temporary Easement Area and the Permanent Easement Area, and to advance the protection of existing resources on the Site, including revegetation of disturbed areas; and WHEREAS, Hooraz has agreed to pay the City a total of $2,450 for vegetation management to be carried out by the City on the areas revegetated pursuant to the temporary construction easement for the Improvements, together with the areas revegetated pursuant to the Temporary Construction Easement for the storm sewerline to be granted to Hooraz upon the adoption of Ordinance No. 058, 2003, of even date herewith; and WHEREAS, Hooraz has also agreed to reimburse the City for the costs of processing these and the other easements requested from the City for the Development, in the amount of $450; and WHEREAS, the Natural Resources Advisory Board considered the proposed Improvements and the temporary construction easement and permanent easement at its regular meeting on March 5, 2003, and voted to recommend that the City Council authorize those easements; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of interests in real property owned by the City, provided the Council first finds by ordinance that any sale or disposition of the real property interest will be for the benefit of the City's citizens, and will be in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that the grant of the temporary construction easement on the permanent easement area and the permanent easement on and under the Permanent Easement Area, as described herein and subject to the terms and conditions of the Easement Agreements, is in the best interests for the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute the Easement Agreements, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City, consistent with this Ordinance. Introduced and considered favorably on first reading and ordered published this 1st day of April, A.D. 2003, and to be presented for final passage on the 15th day of April, A.D. 2003. r fi Mayor .. A EST: City Clerk . Passed and adopted on final reading this 15th day of April, A.D. 2003. d ;aAyvor A EST: City Clerk