Type of Meeting: Administrative Matters
Name of requestor: Michael L Kirk
Department: Facilities Services
Preferred appearance date: 8/23/2011    Time required: 10
Date decision needed: 8/23/2011

Objective: Facilities Services requests that the Board approve and sign an Easement Deed and Agreement between the City of Fort Collins and Larimer County. This document will to allow Larimer County to install, operate, maintain, repair, reconstruct, replace, inspect and remove at any time, an underground storm water pipe and outlet improvements across City of Fort Collins easement area. This infrastructure will support the drainage improvements necessary for several capital projects at the Midpoint campus.

Situation: As discuss previously, the various planned capital projects on the Midpoint Campus would require site work, particularly storm water improvements. Initially, during the planning phase, the City of Fort Collins did not require off-site improvements for the site. However, the City of Fort Collins and Facilities Services agreed upon an off-site solution after considering the onsite options and future development on the site. As a result, the capital projects that are proposed for the Midpoint campus require on-site and off-site storm drainage improvements to support the proposed site development and building additions.  Currently, the site does surface drainage to Skunk Pond, which is located off-site. However, the existing drainage ditch cannot support the expected storm water volume that will be generated from the proposed capital projects.  Therefore, storm water pipe will be installed to drain to Skunk Pond. The storm drain pipe will run from the Midpoint Campus and parallel with the railroad tracks along the back of private property to the City of Fort Collins property. The aforementioned easement is located within an existing utility easement that was conveyed to the City of Fort Collins through a Statutory Dedication on a prior plat.  This Statutory Dedication allows the City of Fort Collins to approve the use of the utility easement by a private developer or for their own public use.  The proposed Easement Deed and Agreement will be over and across land owned by the City of Fort Collins and will bridged the gap between the existing utility easement and Skunk Pond.
Larimer County will retain ownership and maintenance obligations of the storm drain pipe and outlet improvements from the Midpoint Campus to Skunk Pond.  The City generally only takes ownership of the infrastructure when the infrastructure is within a dedicated right-of-way, like a street.  However, when the infrastructure is within an easement on private property, which is the case here, the ownership and maintenance of the infrastructure remains with the land owner that it is serving. This storm drain pipe is for the sole purpose of Larimer County to convey storm water from the Midpoint campus to Skunk Pond. Therefore, private or public property owners downstream cannot connect to this storm drain pipe.

Proposal: The Facilities Services Department recommends that Board approve and sign the Easement Deed and Agreement, which will allow the capital projects at the Midpoint Campus to move forward with site improvements and building construction.

Advantages: The Easement Deed and Agreement allows Larimer County to construct the necessary drainage improvements to support the capital projects at the Midpoint campus.

Disadvantages: If the Easement Deed and Agreement is not signed, then additional funding and logistics will be required to construct, maintain, and repair the storm water pipe as well as the outlet from the Midpoint campus to Skunk Pond.

Requested action: The Facilities Services Department is recommending that the Board approve and sign the Easement Deed and Agreement.

Potentially Affected Interest: County Divisions and Departments that will be required to maintain the storm water pipe and outlet.

Level of Public Interest and Participations: Minimal

Audio/Visual/Computer Needs: None