HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/01/2005 - RESOLUTION 2005-019 AUTHORIZING A REVOCABLE PERMIT ITEM NUMBER: 19
AGENDA ITEM SUMMARY DATE: March 1, 2005
FORT COLLINS CITY COUNCIL STAFF: Craig Foreman
Paul Yarbrough
SUBJECT
Resolution 2005-019 Authorizing a Revocable Permit for a Period of Five Years on Property
Owned by the City for the Purpose of Seeding and Irrigating a Future Park Site.
RECOMMENDATION
Staff recommends adoption of the Resolution.
FINANCIAL IMPACT
There is no City obligation for maintenance of the park until the park is developed in
approximately the year 2010.
EXECUTIVE SUMMARY
With the intention of providing a future neighborhood park within the recently approved Trail
Head development (the "Development"), the City purchased Tract H (the "License Area") from
Trail Head Inc. (the "Developer").
This proposed License will allow the Developer, at the Developer's expense, to install an
irrigation system and seed the License Area in grass which will be a blend approved by the City.
This "greening" of the future park will be done to coincide with the Developer's construction of
the Development. In addition, the Developer will be responsible for the cost of the maintenance
of the irrigation system, regular mowing of the grass and the cost of sufficient water to irrigate
the License Area during the term of the License.
Providing this green space will offer an immediate benefit to the property owners as
development occurs and delays the City's obligation for park maintenance for five years. The
City's Park Planning and Development staff will meet with the neighbors to develop a plan for
the park as the year 2010 approaches. The City purchased this 4 acre neighborhood park site in
February, 2005.
RESOLUTION 2005-019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A REVOCABLE PERMIT FOR A PERIOD OF FIVE YEARS
ON PROPERTY OWNED BY THE CITY FOR THE PURPOSE OF SEEDING
AND IRRIGATING A FUTURE PARK SITE
WHEREAS,the City of Fort Collins is the owner of that certain real property known as the
Trail Head Park Site (the "Park Site"), described more particularly as Tract H, Trail Head, City of
Fort Collins, County of Larimer, State of Colorado, as shown on Exhibit "A", attached hereto and
incorporated herein by this reference, which is located in the Trail Head Development (the
"Development"), an approved residential development; and
WHEREAS, the City does not plan to develop the Park Site into a neighborhood park until
approximately 2010; and
WHEREAS,Trail Head Inc. (the"Developer")is requesting the City's permission to install
an irrigation system within the Park Site, seed the Park Site, and maintain the grass, all at the
Developer's expense,so as to improve the appearance of the Park Site during the construction of the
Development; and
WHEREAS,in exchange for a license to enter upon and improve the Park Site,the Developer
will provide water for irrigation of the Park Site and maintain the Park Site during the term of the
license, and transfer ownership of the irrigation system to the City upon termination of the license;
and
WHEREAS, the Developer shall also maintain insurance to cover its activities on the Park
Site, and shall provide a bond or cash to secure its obligation to maintain its improvements on the
Park Site during the term of the license; and
WHEREAS, City staff has reviewed the Developer's request to improve and maintain the
Park Site as described above, and believes that such activities will not interfere with or adversely
affect the City owned property, based on current expectations; and
WHEREAS,Article XI, Section 10,of the Charter of the City of Fort Collins authorizes the
Council to permit the use or occupation of any street, alley, or public place, provided that such
permit shall be revocable by the 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 that the City Manager is hereby authorized to execute such documents as are necessary
to grant a license to enter to Trail Head Inc.,consistent with the terms of this Resolution which shall
include such additional terms and conditions as the City Manager, in consultation with the City
Attorney, deems necessary or appropriate to protect the interests of the City or effectuate the
purposes of this Resolution.
Passed and adopted at a regular meeting of the City Council held this 1st day of March,A.D.
2005.
Mayor
ATTEST:
City Clerk
Exhibit A
TRAIL HEAD NEIGHBORHOOD PARK
Traihead
�
a Development
b Waterglen ,
a Development
SEE DETAIL
Vine Drive
DETAIL
Residential
Planned streets ,
,
Trail Head Park Site
Vine Drive