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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/03/2022 - FIRST READING OF ORDINANCE NO. 054, 2022, APPROVIN Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY May 3, 2022 Real Estate Services STAFF Jonathan Piefer, Sr. Specialist, Real Estate David Betley, Civil Engineering Manager Ryan Malarky, Legal SUBJECT First Reading of Ordinance No. 054, 2022, Approving the Vacation and Rededication of Four Permanent Utility Easements Located on Lots 2 and 3 of the Lakeview on the Rise Subdivision. EXECUTIVE SUMMARY The purpose of this item is to approve an Ordinance that would vacate and accept rededication of four permanent utility easements at the Lakeview on the Rise Subdivision. The four original easements (the “Original Easements”) were dedicated to the City prior to the initial construction and installation of the equipment and fixtures providing said utilities (the “Utility Equipment”). After construction was completed, the property owner determined that the Utility Equipment was not situated entirely within the boundaries of the Original Easements. To remedy this situation, staff recommends that the City vacate the Original Easements and accept a new Deed of Dedication of Easement (the “New Easement Deed”) in favor of the City providing for four permanent utility easements that correctly describe the location of the Utility Equipment (the “New Easements”). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The lands comprising the Lakeview on the Rise Subdivision (the “Subdivision”) were originally owned and subdivided by Pedcor Investments, LLC, in the Plat dat ed April 25, 2017, (the “Plat”). The Plat created three separate lots, which were subsequently conveyed to Pedcor Investments -2015-CLII, L.P. (“Pedcor”), who remains the current owner of Lots 2 and 3 of the Subdivision, which are burdened by the Original Easements (the “Property”). Pedcor conveyed the Original Easements to the City by deed on June 6, 2019, to provide additional utilities easements outside of those specified on the Plat. The Utility Equipment was subsequently installed but did not fit entirely within the boundaries of the Original Easements. The proposed solution is for the City to vacate the Original Easements and Pedcor to dedicate the New Easements to accurately reflect the location of the Utility Equipment. The New Easements would be nearly identical to the Original Easements except for the proposed changes to what is referred to as Utility Easement ‘1’, which consist of several minor changes, including the following: a) a widening of two sections from 9’ to 20’; b) a widening of one section from 9’ to 14’; and c) adding an additional 9’ wide section approximately 65’ in length. As shown in Exhibits A-3 and A-4, the City will be acquiring an additional 12,190 square feet in Utility Easement ‘1’ in return for the City’s surrender of its easement rights in lands not actually burdened by the Utility Equipment. The vacation and rededication of the easements will clear up the associated title issues and preserve the rights of the City to access, maintain, and operate the Utility Equipment on the Property. Agenda Item 13 Item # 13 Page 2 ATTACHMENTS 1. Vicinty Map (PDF) Vicinity Map Exhibit B ATTACHMENT 1 Prior Deed Easements (To Be Vacated) Original Easements SqFt/Acres Length/Purpose Location Utility Easement “1” 13,868/0.318 Permanent/Utilities Lot 2 Utility Easement “2” 229/0.005 Permanent/Utilities Lot 2 Utility Easement “3” 449/0.010 Permanent/Utilities Lot 3 Utility Easement “4” 4,969/0.114 Permanent/Utilities Lot 3 New Easements (To Be Dedicated) New Easement SqFt/Acres Length/Purpose Location Change? Utility Easement “1” 26,058/0.598 Permanent/Utilities Lot 2 Y Utility Easement “2” 229/0.005 Permanent/Utilities Lot 2 N Utility Easement “3” 449/0.010 Permanent/Utilities Lot 3 N Utility Easement “4” 4,969/0.114 Permanent/Utilities Lot 3 N -1- ORDINANCE NO. 054, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE VACATION AND REDEDICATION OF FOUR PERMANENT UTILITY EASEMENTS LOCATED ON LOTS 2 AND 3 OF THE LAKEVIEW ON THE RISE SUBDIVISION. WHEREAS, Pedcor Investments-2015-CLII, L.P. (“Pedcor”) is the owner of certain real property in Larimer County, Colorado legally described as Lots 1, 2, and 3, Lakeview on the Rise Subdivision, Fort Collins, Colorado (the “Property”); and WHEREAS, Pedcor conveyed certain utility easements to the City by Deed of Dedication of Easement dated June 6, 2019, and recorded in the records of the Larimer County Clerk and Recorder on July 17, 2019, at Reception No. 20190040395 (the “Original Easements”), to provide additional utility easements outside of those specified on a 2017 plat of the Property; and WHEREAS, the Original Easements are described on Exhibit “A”, attached and incorporated herein by reference; and WHEREAS, the utility equipment was installed but not entirely within the boundaries of the Original Easements; and WHEREAS, City staff, in coordination with Pedcor, has identified minor location changes to the Original Easements necessary to encompass the actual location of the utility equipment, including the addition of sixty-five foot long portion of easement and the widening of two other sections of easement (the “Replacement Easements”); and WHEREAS, a copy of the Deed of Dedication from Pedcor for the Replacement Easements is attached as Exhibit “B” and incorporated herein by reference; and WHEREAS, if the City Council approves the vacation of the Original Easements and acceptance of the Replacement Easements, the City will acquire an additional 12,190 square feet of utility easement in exchange for its vacation of its easement rights in portions of the Property not actually burdened by the utility equipment; and WHEREAS, City staff has recommended the City Council vacate the Original Easements and accept the rededication of the Replacement Easements by Pedcor; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any interest in real property owned by the City, provided that the City Council first finds, by ordinance, that such sale or 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: -2- Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the vacation of the Original Easements and acceptance of the Replacement Easements, on the terms and conditions described herein, is in the best interests of the City. Section 3. That the City Council hereby authorizes the Mayor to accept the Deed of Dedication for the Replacement Easements in substantially the form attached as Exhibit “B”, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City. Section 4. That the City Council hereby vacates, terminates and abandons the Original Easements more particularly described on Exhibit “A”, effective as of the date that this Ordinance and the Deed of Dedication for the Replacement Easements have both been recorded in the records of the Larimer County Clerk and Recorder. Section 5. The City Council further authorizes the Mayor to execute such other documents as the City Manager, in consultation with the City Attorney, may determine are necessary or appropriate to further document the vacation, termination and abandonment of the Original Easements and acceptance of the Replacement Easements as described in this Ordinance. Introduced, considered favorably on first reading, ordered published this 3rd day of May, A.D. 2022, and to be presented for final passage on the 17th day of May, A.D. 2022. ____________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 17th day of May, A.D. 2022. ____________________________________ Mayor ATTEST: _____________________________ City Clerk EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT A EXHIBIT B EXHIBIT B City Acceptance ACCEPTED BY CITY: ____________________ Date Jeni Arndt, Mayor ATTEST: City Clerk ________________________ (Print Name) APPROVED AS TO FORM: Assistant City Attorney ________________________ (Print Name) EXHIBIT B EXHIBIT B EXHIBIT B EXHIBIT B EXHIBIT B EXHIBIT B EXHIBIT B EXHIBIT B EXHIBIT B EXHIBIT B