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Home My WebLink About024 - 04/03/2012 - AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE EASEMENT ON PORTIONS OF ARCHERY RANGE NATURAL AREA TO ORDINANCE NO. 024, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A NON-EXCLUSIVE EASEMENT ON PORTIONS OF ARCHERY RANGE NATURAL AREA TO BOXELDER SANITATION DISTRICT WHEREAS, the City is the owner of that certain parcel of real property located west of Interstate 25 and north of Horsetooth Road known as the Archery Range Natural Area(the"Natural Area"); and WHEREAS, Boxelder Sanitation District (`Boxelder") owns and operates a wastewater treatment facility on land north of and adjacent to the Natural Area; and WHEREAS, in 1999, pursuant to Ordinance No. 113, 1999 and Ordinance No. 186, 1999, the City granted to Boxelder several easements for flood control structures on the Natural Area(the "1999 Easements")for the purpose of reducing the risk of flood damage to the wastewater treatment facility; and . WHEREAS, the flood control structures authorized under the 1999 Easements were never constructed; and WHEREAS, during spring runoff in,2011, the north bank of the Cache la Poudre River, located within the Natural Area, eroded back towards Boxelder's facilities and, in response to the erosion, Boxelder armored the north bank of the river with rip rap in the approximate area of the 1999 Easements (the "2011 Project"); and WHEREAS, because the 2011 Project design was not approved by the City, the work was not within the scope of the 1999 Easements,and the work was done without the necessary floodplain permits, Boxelder is proposing to redo the 2011 Project following a new design and with proper approvals and permits (the "2012 Project"); and WHEREAS, on February 21, 2012, the City Council approved Resolution 2012-012, authorizing a revocable permit to Lafarge West,Inc. ("Lafarge"),to repair,a breach in the riverbank within the Natural Area upstream from the Boxelder facility; and WHEREAS,when Lafarge completes its work,the river flow will be directed back into the channel where Boxelder is proposing to do the 2012 Project; and WHEREAS,by separate Resolution,the City Council is considering authorizing a revocable permit to Boxelder to do the 2012 Project, including access to and reconstruction of the riverbank and mitigation of project impacts on habitat along the riverbank, so that Boxelder can begin work as quickly as possible; and WHEREAS, City staff is recommending that the City also enter into a permanent, non- exclusive easement with Boxelder(the"Easement")that would permit and require Boxelder's long term maintenance and repair of the 2012 Project; and WHEREAS, the area of the proposed Easement is described on Exhibit"A", attached and incorporated herein by reference; and WHEREAS, Boxelder has paid $500 to cover City administrative costs associated with processing the requested revocable permit and Easement, and will reimburse the City for costs in excess of$500; and WHEREAS, Boxelder will also pay the City the value of the Easement, to be calculated as described in the 2012 Natural Areas Easement Policy,and will provide habitat mitigation worth$355 by planting willows in the general area of the 2012 Project, to help stabilize the banks of the river and Boxelder Creek; and WHEREAS, it is in the City's interest that Boxelder maintain its improvements within the river on the Natural Area over time; and WHEREAS, at its regular meeting on March 14, 2012, the Land Conservation and Stewardship Board voted to recommend approval of the revocable permit and Easement conveyance; and WHEREAS, Section 23-111 of the City Code states that the City Council is authorized to sell,convey, or otherwise dispose of any and all interests in real property owned in the name of the City,provided that the City Council first finds, by ordinance, that such sale or other disposition is 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 conveyance of the Easement to Boxelder, as described herein, is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement to Boxelder on terms and conditions consistent with this Ordinance,together with such additional terms and conditions as the City Manager, in consultation with the City Attorney,determines to be necessary and appropriate to protect the interests of the City or to effectuate the purposes of this Ordinance, including any necessary corrections to the legal description of the Easement, as long as such changes do not materially increase the size or change in character of the Easement. -2- z Introduced, considered favorably on first reading, and ordered published this 20th day of March, A.D. 2012, and to be presented for final passage on the 3rd day of April, A.D. 2012. OF FORT CO �.LusJ • ,,...•...,.1� M or ATTEST: Ua SEA • o a : Interim City Clerk COp¢Pp® Passed and adopted on final reading on the 3rd day of April, A.D. 2012. fORTC w ®F,,....•,,•0� yor ATTEST: U• L :N Nam' •• • Interim City Clerk COLORP00O -3- EXHIBIT A, Page 1 of 2 AL 2310 East Prospect Fort CaLLins, CO 80525 ph:970.484.7477 fo:970.484.7488 LEGAL DESCRIPTION www.to c-e n g rs.ca m A 45.00 FOOT WIDE EASEMENT LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 28, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO, LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BASIS OF BEARINGS: THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 28 BEING MONUMENTED AT THE EAST END BY A 3" ALUMINUM CAP STAMPED 'I 111 21, 22, 27, 28, LS 17497, 1997" AND AT THE WEST END BY A 3 1/4' ALUMINUM CAP STAMPED "T7N R68W, 1/4, S21, S28, LS 20685, 19947 IS ASSUMED TO BEAR N89001'47"W. COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 28; THENCE S44040'04"W A DISTANCE OF 1110.95 FEET TO AN ANGLE POINT IN THE SOUTHERLY LINE OF THAT TRACT OF LAND DESCRIBED AT RECEPTION NUMBER 20010074379, LARIMER COUNTY RECORDS; THENCE S63045'13'W ON SAID SOUTHERLY LINE A DISTANCE OF 19.32 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING S63045'13"W ON SAID SOUTHERLY LINE A DISTANCE OF 110.00 FEET TO THE POINT OF TERMINUS. CONTAINING A CALCULATED AREA OF 0.114 ACRES(4,950 SQUARE FEET, MORE OR LESS). SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR EXISTING. LEGAL DESCRIPTION STATEMENT: I, RICHARD W. PALS, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY DIRECT RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION LIEF, IS CORRECT. ��Pp,00 REG/Sri c,� 'QOWALTF• 9� • 27(2 6 (2 RIC ARD W. PALS, R-C�STERED LAII EYOR COLORADO NO.3193 �F '•. '� FOR AND ON BEHALF OIF �fGtN�E1 i MPANY AL LAND I:\2011 Survey\1104305\Legal\Description\11043esl.doc Jill MI E.-,rt, III o 1: 2011 SU I104305 DWG 2011 EXHIBI 11043EX 1.DWG Last Plottad on: 2 27 2012 1:55 PM BASIS OF BEARINGS N89'01'47"W 2648.98' NORTH LINE OF THE NORTHEAST 1/4 OF SECTION 28 NORTH 1/4 CORNER SECTION 28 r FOUND 3 1/4" ALUMINUM CAP NORTHEAST CORNER SECTION 28 r STAMPED "T7N R68W, }, S21, 28, FOUND 3" ALUMINUM CAP ; LS 20685, 1994" STAMPED "T7N R68W, 21, 22, 27, 28, LS 17497, 1997" r r r r 9�r r \1�Oir r BOXELDER SANITATION DISTRICT 141r BOUNDARY LINE ADJUSTMENT tK r RECEPTION NO. 20010074379 �O�r 5bk r POINT OF BEGINNING r M X r = r S85'54'07"E 461.48' 07 S63'45'13"W 110.00' S63'45'13"W 19.32' D a POINT OF TERMINUS - m P T �A 0 - N 41F PROPOSED EASEMENT "M1 5g9 QO� - X THE ENGINEERING COMPANY AND SURVEYOR OF RECORD DO NOT EXPRESS NOR IMPLY ANY WARRANTY WITH THIS DRAWING. THIS DRAWING DOES NOT REPRESENT A MONUMENTED SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. The Engineering Company 50 0 50 100 1 DESCRIPTION EXHIBIT 2310 EAdProq=t Road, SuiteB FortCollin%CO80525 SCALE: 1 INCH = 50 FEET BOXELDER WWTP (M)484-7477 �Aeo-aMxom BOXELDER SAN. DIST.