HomeMy WebLinkAbout2012-016-03/20/2012-AUTHORIZING A REVOCABLE PERMIT TO BOXELDER SANITATION DISTRICT ON THE ARCHERY RANGE NATURAL AREA TO RESOLUTION 2012-016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A REVOCABLE PERMIT TO BOXELDER
SANITATION DISTRICT ON THE ARCHERY RANGE NATURAL
AREA TO REPAIR FLOOD DAMAGE TO THE RIVERBANK
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; Boxelder is therefore asking that the
City grant it a revocable permit 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 it can begin work
on the 2012 Project as quickly as possible; and
WHEREAS, the area of the proposed revocable permit would include the real property
described on Exhibit"A",attached and incorporated herein by reference,as well as the areas labeled
as "Mitigation Areas" on Exhibit"B", attached and incorporated herein by reference (together, the
"Permit Area") ; and
WHEREAS, Boxelder will be required as a condition of the proposed revocable permit to
enter into a permanent easement agreement with the City in order to carry out future maintenance
and repair obligations within the Permit Area; and
WHEREAS, the City Council is considering the granting of such a permanent easement by
separate Ordinance; and
WHEREAS, the revocable permit would "remain in place, unless revoked by the City, until
a permanent easement could be executed; 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 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 for the riverbank to be repaired prior to high flows in
spring 2012, and the granting of a revocable permit as described herein will enable that work to
proceed; 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,Article XI, Section 10 of the City Charter authorizes the City Council to permit
the use of occupation of any street, alley, or public place, provided that such permit shall be
revocable by the City Council at its pleasure, whether or not such right to revoke is expressly
reserved in such permit.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds and determines that the granting of a
revocable permit, as described herein, is in the best interests of the City.
Section 2. That the City Manager is hereby authorized to execute such documents as are
necessary to grant a revocable permit to Boxelder on terms and conditions consistent with this
Resolution,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 Resolution, including any necessary corrections to the legal
description of the Permit Area,as long as such changes do not materially increase the size or change
the character of the Permit Area.
-2-
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th
day of March A.D. 2012.
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EXHIBIT A, Page 1 of 2
2310 East Prospect
Fort Collins, CO 80525
ph: 970.484.7477
fo: 970.484.7488
www.tec-engrs.com
DESCRIPTION ww.tec-engrs.com
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 'T7N R68W, 21,
22, 27, 28, LS 17497, 1997" AND AT THE WEST END BY A 3 1/4" ALUMINUM CAP STAMPED '77N
R68W, 1/4, S21, S28, LS 20685, 1994" IS ASSUMED TO BEAR N89°01'4T'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 2001'0074379, LARIMER
COUNTY RECORDS;
THENCE S63045'13"W ON SAID SOUTHERLY LINE A DISTANCE OF 19.32 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING S63°45'13"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.
��Pp00 REG/SlF
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RIC ARD W. PALS, R C STERED NDQ; EYOR
COLORADO NO. 3193 "F '•. `��
FOR AND ON BEHALF OF �IGIN�E1 { , MPANY
AL LAND
1A2011 Survey\1104305\l..egal\Description\l1043esl.doc
1
EXHIBIT A, Page 2 ¥2
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