HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/20/2000 - SECOND READING OF ORDINANCE NO. 67, 2000, AUTHORIZ 14
AGENDA ITEM SUMMARY ITEM NUMBER:DATE: June 20, 200000
FORT COLLINS CITY COUNCIL STAFF:
Marty Heffernan
SUBJECT:
Second Reading of Ordinance No. 67, 2000, Authorizing the City to Grant a Non-Exclusive
Access and Drainage Easement to Dr. Larry R. Magnuson.
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RECOMMENDATION:
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY:
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Ordinance No. 67, 2000, was unanimously adopted on First Reading on June 6, 2000, granting a
non-exclusive access and drainage easement to Dr. Larry R. Magnuson. Granting this easement i
to Dr. Magnuson results in the loss of three or four parking spaces at the Senior Center parking
lot. As compensation for this temporary loss, and for the access easement, the easement
provides that the parking lot developed for the clinic property will be available for use by Senior
Center patrons after the clinic's regular hours.
This Ordinance has been amended on Second Reading to provide additional flexibility in the
event the clinic expands its hours of operation, Dr. Magnuson will pay the City the annual fair
market value of the access easement. If Dr. Magnuson is unable, after using his best efforts, to
acquire an access easement on the adjoining south property once it develops, he will be able to
make his temporary access easement on the Senior Center property a permanent access easement I
by paying the fair market value of the easement to the City.
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AGENDA ITEM SUMMARY ITEM NUMBER: 17
DATE: June 6, 2000
FORT COLLINS CITY COUNCIL STAFF:
Marty Heffernan
SUBJECT:
First Reading of Ordinance No. 67, 2000, Authorizing the City to Grant a Non-Exclusive Access
and Drainage Easement to Dr. Larry R. Magnuson.
RECOMMENDATION:
Staff recommends adoption o CeOrdiopieaychng
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EXECUTIVE SUMMARY:
Tract "F", Raintree PUD is located directly east of the Senior Center along Evenstar Court and
South Shields Street. Dr.Larry Magnuson will be developing this property into the Raintree Animal
im d because of the difficulty of
Clinic. Access to the animal r�tn o ty
tr acce s '`' Eve ' ad this situation Dr. Magnuson has }northbound Shields Street s ,
g gn
requested the City to grant hi temp ac_ ss d drain easement along the eastern most
driving lane of the Senior e t iding d cting west end of the clinic property.
The access easement is intended to be temporary with access to the clinic property being moved to 1
the undeveloped property east of the Senior Center and south of the clinic property when that
property develops. Granting this easement to Dr. Magnuson will result in the loss of three or four
parking spaces at the Senior Center parking lot. As compensation for this temporary loss, and for
the access easement,the easement will provide that the parking lot developed for the clinic property
will be available for use by Senior Center patrons after the clinic's regular hours. Three parking
spaces at the clinic will always b s rve cli ' emergencies,
Staff is supportive of this gement d bel ° 'll n ve a detrimental impact on the
operation of the Senior Cente C.
. ORDINANCE NO. 67,2000
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY TO GRANT A NON-EXCLUSIVE ACCESS AND
DRAINAGE EASEMENT TO DR. LARRY. R. MAGNUSON
WHEREAS,the City of Fort Collins(the"City")is the owner of the land known as the Fort
Collins Senior Center PUD in Larimer County, Colorado (the "City's property"); and
WHEREAS,Dr.Larry R.Magnuson wishes to acquire a non-exclusive access and drainage
easement over,on, across,and under a portion of the City's property as shown on the Exhibit"A",
attached hereto and incorporated herein by reference (the"Easement"); and
WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized
to sell,covey,or otherwise dispose real property owned by the City,provided the Council first finds
by Ordinance that any sale or disposition of real property owned by the City is in the best interest of
the City; and
WHEREAS,Dr. Magnuson is compensating the City for the access and drainage easement
by granting to the City a nonexclusive easement for parking in the parking areas to be constricted
on the Raintree Animal Clinic Property, which property is more particularly described on Exhibit
"B", attached hereto and incorporated herein by this reference, in accordance with the Raintree
. Animal Clinic Development Plan approved by the City on April 13, 2000, which will provide for
use of those parking areas by Senior Center patrons after regular business hours of the Raintree
Animal Clinic, except to the extent the Clinic has posted up to three fo spaces as reserved for
exclusive use by the Clinic��ari` d
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NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the conveyance of the Easement on the terms and conditions described
above is in the best interest of the City.
Section 2. That the Mayor is authorized to execute such agreements and instruments as
are necessary to convey the Easement to Dr. Larry R. Magnuson as described above.
Introduced,considered favorably on first reading,and ordered published this 6th day of June,
A.D. 2000, and to be presented for final passage on the 20th day of June,A.D. 2000.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of June,A.D. 2000.
Mayor
ATTEST:
City Clerk