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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/15/2022 - SECOND READING OF ORDINANCE NO. 012, 2022, AUTHORI Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY February 15, 2022 City Council STAFF Keith Hanson, Real Estate Manager Marc Virata, Civil Engineer Ryan Malarky, Legal SUBJECT Second Reading of Ordinance No. 012, 2022, Authorizing the Conveyance of a Tempora ry Construction Easement on the South Transit Center to Faircoll, LLC. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on January 18, 2022, conveys a 3,675-square-foot temporary construction easement (TCE) to Faircoll, LLC (Faircol l), for construction improvements at the City- owned real property at 4915 Fossil Boulevard, which is the location of the South Transit Center. Faircoll is the owner of the adjacent property and as part of the development of apartments at its property, Faircoll is required to install permanent pedestrian connections from its property to the South Transit Center. The TCE grants Faircoll access and permission to perform this work on the City’s South Transit Center property at no cost to the City. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, January 18, 2022 (w/o attachments) (PDF) 2. Ordinance No. 012, 2022 (PDF) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY January 18, 2022 City Council STAFF Keith Hanson, Real Estate Manager Marc Virata, Civil Engineer Ryan Malarky, Legal SUBJECT First Reading of Ordinance No. 012, 2022, Authorizing the Conveyance of a Temporary Construction Easement on the South Transit Center to Faircoll, LLC. EXECUTIVE SUMMARY The purpose of this item is to convey a 3,675-square-foot temporary construction easement (TCE) to Faircoll, LLC (Faircoll), for construction improvements at the City-owned real property at 4915 Fossil Boulevard, which is the location of the South Transit Center. Faircoll is the owner of the adjacent property and as part of the development of apartments at its property, Faircoll is required to install permanent pedestrian connections from its property to the South Transit Center. The TCE grants Faircoll access and permission to perform this work on the City’s South Transit Center property at no cost to the City. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Faircoll is the owner of the property adjacent and to the east of the South Transit Center. As a condition of final approval of the apartment development plans for Faircoll’s property, the City is requiring Faircoll to install permanent pedestrian pathway connections from its property to existing pedestrian pathways at the South Transit Center in two locations. To perform the construction of these pathways, Faircoll needs access to two locations on the South Transit Center property. The area at the northeast corner is 2,800 square feet and the area at the southeast corner is 875 square feet. Both areas together equal 3,675 square feet. The TCE contains the permission, conditions, and requirements for Faircoll to perform the construction on the City’s property. The cost of materials and construction of the new permanent connecting pathways on the South Transit Center will be the responsibility of Faircoll. The City will incur no cost. Upon completion, these improvements will become the City’s property and, therefore, are the compensation to the City in exchange for the TCE because the improvements are equal to, or exceed, the fair market value of the TCE. The TCE will commence on the date the development plans are approved by the City Department of Planning, Development, and Transportation and will terminate upon completion of the construction, or June 30, 2024, whichever is earlier. In the event Faircoll withdraws its development application or the application is denied, the TCE will terminate immediately. ATTACHMENTS 1.Vicinity Map(PDF) ATTACHMENT 1 COPY -1- ORDINANCE NO. 012, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A TEMPORARY CONSTRUCTION EASEMENT ON THE SOUTH TRANSIT CENTER TO FAIRCOLL, LLC WHEREAS, the City is the owner of real property located in Larimer County known as the South Transit Center (the “City Property”); and WHEREAS, the Property is used as the southern hub for the City’s Transfort bus system; and WHEREAS, Faircoll, LLC is the owner of real property adjacent to the City Property, upon which Faircoll, LLC intends to develop apartments; and WHEREAS, as part of the City’s pending approval of the development, the City is requiring Faircoll, LLC to install permanent pedestrian connections from its property to existing pedestrian pathways at the South Transit Center; and WHEREAS, Faircoll, LLC is requesting a temporary construction easement to access two areas of the City Property necessary to construct the pathways, which areas are shown and described on Exhibit “A”, attached and incorporated herein by reference (the “TCE”); and WHEREAS, the term of the TCE will commence upon the date of the City’s final approval of the development plans and will terminate upon the completion of construction or June 30, 2024, whichever is sooner, or in the event the Faircoll, LLC withdraws its development application or the application is not approved; and WHEREAS, upon completion of the pathways, they will become the property of the City and will be considered compensation to the City in exchange for the TCE because the fair market value of the pathways is equal to, or exceeds, the fair market value of the TCE; and WHEREAS, Section 23-111 of the City Code authorizes the City Council to sell, convey, or otherwise dispose of any interests in real property owned by the City, provided 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 City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the conveyance of the TCE to Faircoll, LLC as provided herein is in the best interests of the City. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the TCE to Faircoll, LLC on terms and conditions consistent with this -2- Ordinance, together with such additional terms and conditions as the Interim City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City or effectuate the purposes of this Ordinance, including any necessary corrections to the legal description of the TCE, as long as such changes do not materially increase the size or change the purpose of the interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 18th day of January, A.D. 2022 and to be presented for final passage on the 15th day of February, A.D. 2022. ____________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 15th day of February, A.D. 2022. ____________________________________ Mayor ATTEST: _____________________________ City Clerk LEGAL DESCRIPTIONS A tract of land situated in the NE1/ 4 of Section 2, Township 6 North, Range 69 West of the Sixth Principal Meridian, in the City of Fort Collins, County of Larimer, State of Colorado, being a portion of Lot 1 of South Transit Center Subdivision, recorded on July 17, 2012, under Reception No. 2012004 7323 of the Records of Larimer County, said tract being more particularly described as follows, to-wit: TEMPORARY CONSTRUCTION EASEMENT No. 1: Beginning at the northeast corner of said Lot 1 of South Transit Center Subdivision; thence, from said Point of Beginning, S 01 °01 '32" W along the east line of said Lot 1, a distance of 40.00 feet; thence, leaving said east line, N 89 °01'14" W a distance of 70.00 feet; thence N 01 °01'32" Ea distance of 40.00 feet to a point on the north line of said Lot 1; thence S 89°01'14" Ea distance of 70.00 feet to said Point of Beginning; said described tract having an area of 2,800 square feet, more or less, and being subject to any rights-of-way or easements, recorded or apparent on the ground. TEMPORARY CONSTRUCTION EASEMENT No. 2: Beginning at a point on the east line of said Lot 1 of South Transit Center Subdivision, whence said point bears S 01 °01 '32" W along the east line of said Lot 1, a distance of 340.56 feet from the northeast corner of said Lot 1; thence, from said Point of Beginning, continuing along said east line, S 01 °01 '32" W a distance of 35.00 feet; thence, leaving said east line, N 89 °01 '33" W a distance of 25.00 feet; thence N 01 °01 '32" E a distance of 35.00 feet; thence S 89°01 '33" E a distance of 25.00 feet to said Point of Beginning; said described tract having an area of 875 square feet, more or less, and being subject to any rights-of-way or easements, recorded or apparent on the ground. BASIS OF BEARINGS: The east line of said Lot 1 of South Transit Center Subdivision bears S 01 °01'32" W, being a grid bearing of the Colorado State Plane coordinate System, North Zone, NAD 83/92 as described on said plat of South Transit Center Subdivision, recorded on July 17, 2012, under Reception No. 20120047323 of the Records of Larimer County, Colorado. I, Michael D. Bertram, a Colorado licensed Profession Land Surveyor, do hereby state that this description was prepared under my direct supervision and is true to the best of my knowledge. �I� ,,'i�·o. a�---......C...4-',LL.tL...:.'--1,...,l..2,�L�--=-----=-----l,;;f.-l..r,'�� >' Michael D. Bertram, PLS #38595 Sanderson Stewart 425 W. Mulberry St., Ste. 201 Fort Collins CO 80521 I cJ ,P'. 3!!595 � /a/I(µ�,,: ...... .. -.. .,, EXHIBIT A TEMPORARY CONSTRUCTION EASEMENTS WITHIN LOT 1 OF SOUTH TRANSIT CENTER SUBDIVISION, NE1/4, SECT. 2, T. 6 N., R. 69 W., 6th P.M. PREPARED FOR : CITY OF FORT COLLINS PREPARED BY: SANDERSON STEWART- NOVEMBER , 2021 FORT COLLINS, COLORADO 303.82' 25' UTIL ITY ALIGNMENT ��-u��5��j�:5 ----;--_J 7o.OO'• .....__ POINT OF10' UTILITY EASEMENT, N0 1'01'32"E �ij I I g BEGINNING _ _ _____: 1432, PG 973 � 40.00 ' I -t:=-�T.C.E,#1 _-_-- lEMPoilARY Z.1i,·,:·wi -r=+ ,,---CONSTRUCTIO N 7o.oo· I 30' ACCESS \ (EASEMENT 111: ALIGNMENT 2.ao � sf I I I I + l'dcll':"lil��'"'I II �1' i��:�:R:J��JENT 1'1:1',' � I � b o � 10 l'l W Cl I I I I 30' ACCESS I ! � � � I I I I I I ALIGNiENT � � � � LOT 1, SOUTH TRANSIT N c, 1-1 CE NTER SUBDIV ISION, !'> � 17i REC. NO. 20120047323 o � z I 11 __LL 20· "'"TY 1i 1 1 I 11 t�G¼n�� _J.----1 1 � : : I I I ALIGNMENT ij § I I I I I I i"-_I 20· UTILITY e I I ALIGNMENT ' It) 0 0 0 0 ID O> 0 z _J w u 0:: <ll. I I I I I S89'01'33"E I I 25.00' A_ POINT OF 1 BEGINNING \-o. G�---I TEMPORARY I w 11 • ..---T.C.E.#2 11>--. CONSTRUCTION � . rt �\I EASEMENT 112:vr�1I 8 3&-.1.., .,. 875 sf e �I � /I I I � II I N89'01 '33"W]J J__ I I , I 25.00' I 20065_ TCLBASE.DWG 20085 NORTH SCALE: 1" � 60' 11/11/21 MOB EXHIBIT A