HomeMy WebLinkAbout130 - 10/07/2003 - AUTHORIZING A TEMPORARY CONSTRUCTION EASEMENT FOR A WATER LINE ACROSS PORTIONS OF FOSSIL CREEK WETL ORDINANCE NO. 130, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A TEMPORARY CONSTRUCTION EASEMENT
FOR CONSTRUCTION OF A WATER LINE ACROSS PORTIONS OF
FOSSIL CREEK WETLANDS NATURAL AREA
AND FOSSIL CREEK RESERVOIR NATURAL AREA
BY FORT COLLINS-LOVELAND WATER DISTRICT
AND APPROVING A SLOPE RESTRICTION ON PORTIONS OF
SAID NATURAL AREAS TO PROTECT CITY STORM DRAINAGE IMPROVEMENTS
WHEREAS, the City of Fort Collins is the owner of the property located adjacent and to
the west of Timberline Road near Fossil Creek known as the Fossil Creek Wetlands Natural
Area, and adjacent and to the east of Timberline Road near Fossil Creek know as the Fossil
Creek Reservoir Natural Area (together referred to as the "Natural Areas"); and
WHEREAS, the Fort Collins-Loveland Water District ("FCLWD") plans to construct a
30-inch diameter water line in Timberline Road from Trilby Road to Carpenter Road, and
continuing south, to serve the Larimer County Events Center and the expanding facilities in the
vicinity of Fort Collins-Loveland Airport (the "Water Line"); and
WHEREAS, City stormwater staff has identified a need for critical flood control box
culverts in the vicinity of the Water Line in order to improve public safety in 100-year flood
events (the "Stormwater Improvements"); and
WHEREAS, FCLWD and the City have worked to develop a cooperative plan for the
construction of the Water Line and the Stormwater Improvements (together referred to as the
"Project"), so as to minimize cost and disruption associated with the construction; and
WHEREAS, in order to complete the construction of the Project, staff has determined
that activities on the Natural Areas will be required; and
WHEREAS, in addition, in order to mitigate disruption of the 0.77 acre of wetlands that
will result from the foregoing construction work on a 1 to I ratio, it has been proposed, and
agreed by FCLWD, City staff and the Army Corps of Engineers (the entity with regulatory
authority over these wetlands) that the Project include stream restoration to Fossil Creek on the
Fossil Creek Wetlands Natural Area; and
WHEREAS in order to permit the Project as described herein to proceed, it is necessary
for the City to grant to FCLWD a temporary construction easement (the "TCE") across a total
area of 249,755 square feet (5.73 acres) of the Natural Areas as described and shown on Exhibit
"A", attached hereto and incorporated herein by this reference (the "TCE Area"); and
WHEREAS, in order to provide permanent lateral support for the Stormwater
Improvements, staff recommends that the Council determine to provide said lateral support for
the Stormwater Improvements over a total of 3,549 square feet (0.0815 acres) of the Natural
Areas as described on Exhibit `B", attached hereto and incorporated herein by this reference (the
"Slope Restrictions"), a notice of which shall be completed and recorded in the real property
records of the Latimer County Clerk and Recorder; and
WHEREAS, in exchange for the grant of the TCE and the imposition of the Slope
Restrictions on the Natural Areas, the City Stormwater Utility has agreed to pay to the
appropriate Natural Areas fund the total sum of$439.06, which represents the fair market value
of the use of the Natural Areas as described ($106.67 for the TCE and $333.39 for the Slope
Restrictions), excluding the area of wetlands mitigation; and
WHEREAS, in addition, administrative costs to the Natural Areas program in the amount
of $1,415 will also be reimbursed to the appropriate Natural Areas fund from the Stormwater
Utility; and
WHEREAS, City staff proposes to negotiate with FCLWD an easement agreement
consistent with the terms of this Ordinance that will include specific resource protection and
restoration requirements intended to result in an improved condition of the TCE Area and
protection of existing resources on the TCE Area, including revegetation of disturbed areas; and
WHEREAS, City staff believes that the wetland mitigation/stream restoration activities
proposed as part of the Project will result in positive impacts to the Natural Areas, and will be
mutually beneficial in advancing a number of stormwater, water and natural area objectives; and
WHEREAS, the Natural Resources Advisory Board considered the proposed grant of the
TCE and establishment of the Slope Restrictions, as described herein, at its regular meeting on
September 3, 2003, and voted unanimously to recommend that the City Council authorize the
same; and
WHEREAS, Section 23-111 of the City Code provides that the City Council is
authorized to sell, convey or otherwise dispose of an interest in real property owned by the City,
provided the Council first finds by ordinance that any sale or disposition of that 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 ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the Council hereby finds that the grant of the TCE as described herein is
in the best interests of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute an easement agreement
granting the TCE to FCLWD consistent with the terms of this Ordinance.
Section 3. That in exchange for the payment of THREE HUNDRED THIRTY-THREE
DOLLARS THIRTY-NINE CENTS ($333.39) to the appropriate Natural Areas fund, the
Natural Areas shall be subject to the Slope Restrictions as set forth herein.
Introduced, considered favorably on first reading, and ordered published this 16th day of
September, A.D. 2003, and to be presented for final passage on the 7th day of October, A.D.
2003.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of October, A.D. 2003
Mayor
ATTEST:
City Clerk
Exhibit"A"
Page 1 of 6
CITY OF FORT COLLINS
TEMPORARY CONSTRUCTION EASEMENT 1
A PARCEL OF LAND SITUATE IN THE WEST HALF OF SECTION 17, TOWNSHIP 6
NORTH, RANGE 68 WEST, OF THE 6T" P.M.; CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 17 TOWNSHIP 6
NORTH, RANGE 68 WEST, AND CONSIDERING THE WEST LINE OF SAID SECTION
17 AS BEARING N00°15'26"E WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE N03029'01"E, 521.16 FEET TO THE POINT OF BEGINNING;
THENCE N00'11'01"E, 272.15 FEET;
THENCE N72042'12"E, 33.70 FEET;
THENCE S03050'49"W, 268.75 FEET;
THENCE S46"57'10"W, 20.55 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.14 ACRES (6,261 SQUARE FEET) MORE OR LESS AND
IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS OR RESTRICTIONS NOW IN
USE OR OF RECORD.
K:\918\030\dwgs\PHASE 16UegalsVort_collins_TCE2.doc 9/3/2003
PAGE I OF 2
Exhibit"AN
Page 2 of 6
TIMBERLINE ROAD WATERLINE & ROADWAY -PHASE 113
CITY OF FORT COLLINS
TEMPORARY CONSTRUCTION EASEMENT 1
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Exhibit"A"
Page 3 of 6
CITY OF FORT COLLINS
TEMORARY CONSTRUCTION EASEMENT 2
A PARCEL OF LAND SITUATE IN THE EAST HALF OF SECTION 18, TOWNSHIP 6
NORTH, RANGE 68 WEST, OF THE 6T" P.M.; CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 18 TOWNSHIP 6
NORTH, RANGE 68 WEST, AND CONSIDERING THE EAST LINE OF SAID SECTION
18 AS BEARING N00015'26"E WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE N01016'13"W, 1182.28 FEET TO THE POINT OF BEGINNING.
THENCE N22"04'50"W, 67.59 FEET;
THENCE N0001 V01"E, 191.12 FEET;
THENCE N22°26'52"E, 67.59 FEET;
THENCE SOO"11'01"W, 118.11 FEET;
THENCE N89048'59"W, 20.00 FEET;
THENCE S00011'01"W, 80.00 FEET;
THENCE S89048'59"E, 20.00 FEET;
THENCE S00011'01"W, 118.11 FEET TO THE POINT OF BEGINNING_
SAID PARCEL CONTAINS 0.11 ACRES (4,896 SQUARE FEET) MORE OR LESS AND
IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS OR RESTRICTIONS NOW IN
USE OR OF RECORD.
K:\918\030\dwgs\PHASE 1B\Iegals\1b2_Iort_coIIins.doc 7/16/2003
PAGE IOF2
Exhibit"A"
TIMBERLINE ROAD WATERLINE & ROADWAY -PHASE 1B
CITY OF FORT COLLINS
NE COR S. 18 TEMPORARY CONSTRUCTION EASEMENT 2
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Exhibit"A"
Page 5 of 6
CITY OF FORT COLLINS
TEMPORARY CONSTRUCTION EASEMENT 3
A PARCEL OF LAND SITUATE IN THE EAST HALF OF SECTION 18, TOWNSHIP 6
NORTH, RANGE 68 WEST, OF THE 6T" P.M.; CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 18 THENCE
S02"05'51"W, 1,570.74 FEET TO THE EXISTING WESTERLY RIGHT-OF-WAY LINE
OF COUNTY ROAD 11, SAID POINT ALSO BEING THE POINT OF BEGINNING;
THENCE ALONG SAID RIGHT-OF-WAY LINE, S00013'04"W, 30.06 FEET;
THENCE N84"44'40"W, 387.95 FEET;
THENCE S55051'51"W, 692.36 FEET;
THENCE S40°33'03"W, 284.31 FEET;
THENCE S28'26'10"E, 460.55 FEET;
THENCE S58001'00"W, 78.16 FEET;
THENCE N52041'30"W, 337.10 FEET;
THENCE N26'20'05"W, 369.39 FEET;
THENCE N59052'29"W, 227.26 FEET;
THENCE N44"19'08"W, 154.27 FEET;
THENCE N54043'29"E, 69.47 FEET;
THENCE S77007'56"E, 144.89 FEET;
THENCE N46'06'43"E, 120.64 FEET;
THENCE S41053'50"E, 285.44 FEET;
THENCE S28055'30"E, 189.03 FEET;
THENCE N40°33'03"E, 278.47 FEET;
THENCE N55051'51"E, 707.04 FEET;
THENCE S84044'40"E, 396.12 FEET TO THE POINT OF BEGINNING;
SAID PARCEL CONTAINS 5.48 ACRES (238,598 SQUARE FEET) MORE OR LESS
AND IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS OR RESTRICTIONS NOW
IN USE OR OF RECORD.
K:\918\030\dwgs\PHASE 16\legals\const ease_9-03.doc 9/3/2003
PAGE I OF 2
Exhibit"A"
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Exhibit v
Page 1 of 4
CITY OF FORT COLLINS
SLOPE ALIGNMENT 1
A PARCEL OF LAND SITUATE IN THE WEST HALF OF SECTION 17, TOWNSHIP 6
NORTH, RANGE 68 WEST, OF THE 6T" P.M.; CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 17 TOWNSHIP 6
NORTH, RANGE 68 WEST, AND CONSIDERING THE WEST LINE OF SAID SECTION
17 AS BEARING N00015'26"E WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE NO3'23'28"E, 536.16 FEET TO THE POINT OF BEGINNING;
THENCE NOO"11'01"E, 257.12 FEET;
THENCE N72°42'12"E, 17.61 FEET;
THENCE S03050'49'W, 262.95 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.05 ACRES (2,159 SQUARE FEET) MORE OR LESS AND
IS SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS OR RESTRICTIONS NOW IN
USE OR OF RECORD.
K:\918\030\dwgs\PHASE 1 B\legals\fort_collins_slope2.doc 9/3/2003
PAGE l OF 2
Exhibit'B"
Page 2 of 4
TIMBERLINE ROAD WATERLINE & ROADWAY -PHASE 1B
CITY OF FORT COLLINS
SLOPE ALIGNMENT 1
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Exhibit"B"
Page 3 of 4
CITY OF FORT COLLINS
SLOPE ALIGNMENT 2
A PARCEL OF LAND SITUATE IN THE EAST HALF OF SECTION 18, TOWNSHIP 6
NORTH, RANGE 68 WEST, OF THE 6T" P.M.; CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 18 TOWNSHIP 6
NORTH, RANGE 68 WEST, AND CONSIDERING THE EAST LINE OF SAID SECTION
18 AS BEARING N00015'26"E WITH ALL OTHER BEARINGS RELATIVE THERETO;
THENCE N01013'24"W, 1221.85 FEET TO (POINT A) ALSO BEING THE POINT OF
BEGINNING FOR PARCEL 1;
THENCE N22'04'50"W, 27.99 FEET;
THENCE N0001 V01"E, 52.61 FEET TO A POINT KNOWN HEREAFTER AS POINT B;
THENCE S89'48'59"E, 10.61 FEET;
THENCE S00011'01"W, 78.51 FEET TO (POINT A) THE POINT OF BEGINNING FOR
PARCEL 1.
AND ALSO
A PARCEL OF LAND SITUATE IN THE EAST HALF OF SECTION 18, TOWNSHIP 6
NORTH, RANGE 68 WEST, OF THE 6T" P.M.; CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT (POINT B);
THENCE N00011'01"E, 80.00 FEET TO (POINT C) ALSO BEING THE POINT OF
BEGINNING OF PARCEL 2
THENCE CONTINUEING ALONG SAID LINE, N00"11'01"E A DISTANCE OF 52.61
FEET;
THENCE N22°26'52"E, 27.99 FEET;
THENCE S00011'01"W, 78.51 FEET;
THENCE N89048'59"W, 10.61 FEET TO (POINT D) THE POINT OF BEGINNING OF
PARCEL 3
SAID PARCELS CONTAIN 0.03 ACRES (1,390 SQUARE FEET) COLLECTIVELLY
MORE OR LESS AND ARE SUBJECT TO ALL RIGHTS-OF-WAY, EASEMENTS OR
RESTRICTIONS NOW IN USE OR OF RECORD.
K:\918\030\dwgs\PHASE 1B\legals\SLOPE_ALIGN2_fort_collins.doc 7/16/2003
PAGE I OF 2
Exhibit NB"
TIMBERLINE ROAD WATERLINE & ROADWAY -PHASE 1B
CITY OF FORT COLLINS
NE COR S. 18 SLOPE ALIGNMENT 2
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L9 N22-04'50"W 27.99'
L10 N00'11'O1"E 52.61'
L11 S89'48'59"E 10.61'
L12 S00'11'O1"W 78.51'
L13 S00'11b1"W 52.61'
L74 N22'26'52"E 27.99'
L15 SOo'11'01"W 78.51'
L16 N89'48'59"W 10.61'
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