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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/17/2005 - FIRST READING OF ORDINANCE NO. 058, 2005, AUTHORIZ ITEM NUMBER: 15 AGENDA ITEM SUMMARY DATE: May 17, 2005 FORT COLLINS CITY COUNCIL STAFF: Helen Matson Gary Diede SUBJECT First Reading of Ordinance No. 058, 2005, Authorizing an Easement for a Pedestrian Bridge for Opera Gardens Lofts. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT The compensation for the easement across the alley will be $10,000 and the compensation for the attachment to the Civic Center Parking Structure,which will result in the loss of one parking space and costs associated with reconfiguration of parking spaces, is $16,000. The total revenue for the Transportation/Parking Fund will be $26,000. EXECUTIVE SUMMARY The development of Opera Garden Lofts was approved as a minor amendment to the Opera Galleria, contingent upon the developer being able to provide off-street parking to the users of the new mixed- use building and also contingent upon negotiating permission from the City for a bridge between the Opera Galleria and the Civic Center Parking Structure ("CCPS"). The developer cannot commence construction until this easement is granted. The developer has indicated that this bridge is important to make the Opera Garden Lofts project more attractive to lenders and potential purchasers of units. The Opera Gardens Lofts project will add two floors to the Opera Galleria. The easement request is to construct an above-grade pedestrian bridge from the 4th floor of the CCPS to one of the new floors of the Opera Galleria. This pedestrian bridge will not replace the existing bridge, which is a public bridge. The new bridge will be a private bridge to be used by users of the mixed-use structure. Staff has worked with the developer to negotiate the terms of the easement,which will be for a term of up to 99 years. The City may not terminate this easement during the first 31 years, which is the May 17, 2005 -2- Item No. 15 expected period for initial construction and mortgage financing. After that time, the City may terminate the easement with 120 days notice to the easement holder. The easement is contingent upon the developer entering into a development agreement with the City by October 31,2005. The design of the pedestrian bridge and schedule for construction is subject to City approval. The Ordinance also makes the grant of this easement contingent upon execution of the easement for the City's public pedestrian bridge, which had been negotiated several years ago but was never signed by the Opera Galleria owner. The Ordinance authorizes the easement under the terms and conditions as discussed above, and generally in the form of Easement Agreement on file in the City Clerk's Office. ATTACHMENTS 1. Vicinity Map . ....... .. . .. ATTACHMENT Pedestrian Bridge Between Opera Galleria and Civic Center Parking Garage Location Map LAPORTE AVE WALNUT ST X m ;000 D ZC Z < z G� 0X � Nim z Z z n m --- o A m z m m 1 OPERA GALLERtA TRIMBLE C W MOUNTAIN AVE Proposed Pedestrian Bridge Location / N ORDINANCE NO. 058, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF AN EASEMENT FOR A PEDESTRIAN BRIDGE FOR OPERA GARDENS LOFTS WHEREAS, the City of Fort Collins, Colorado (the "City") is the owner of certain property known as the Civic Center Parking Structure (the "Parking Structure") as well as the alley property between the Parking Structure and the Opera Galleria building; and WHEREAS, a minor amendment to add two additional levels to the Opera Galleria building for private residential units, called the Opera Gardens Lofts (the "Lofts"), has been approved subject to the grant of rights needed to construct a pedestrian bridge from the new portions of the Opera Galleria, across the alley, and attaching to the Parking Structure; and WHEREAS, the developer of the Lofts (the "Developer") has requested that the City grant an easement for the proposed pedestrian bridge (the "Easement"), which will be for private use only, on and over that area more particularly described on Exhibits "A" and "B", attached hereto and incorporated herein by this reference (the "Easement Area"); and WHEREAS, City staff has negotiated easement terms to provide for the Easement for a period of up to 99 years, subject to termination by the City after the first 31 years, together with additional terms, conditions and requirements, as shown in the Easement Agreement, a copy of which, dated May 13, 2005, is on file in the office of the City Clerk and available for public inspection; and WHEREAS, the required compensation for the Easement, based on land value, the loss of one parking space in the Parking Structure and the cost of reconfiguring parking spaces is $26,000; and WHEREAS, City staff has reviewed the proposed Easement and does not anticipate that the conveyance of the Easement will result in any adverse impacts to the City or will interfere with the City's operation of the Parking Structure or the alley; and WHEREAS, the City has previously requested and negotiated with the owner of the Opera Galleria (the "Owner") the granting of a separate easement to the City for the existing City-owned pedestrian bridge that crosses the alley from the Parking Structure to the second level of the Opera Galleria building, and City staff has recommended that the Council condition the authorization of the proposed Easement upon the Owner's execution of this separate easement to the City; and WHEREAS, in 1998 in connection with the issuance of Lease Certificates of Participation for the Civic Center Facilities, the Parking Structure was leased to Fort Collins Capital Leasing Corporation ("FCCLC"), and the Bank of Cherry Creek, N.A. (the "Bank"), acquired a security interest in FCCLC's leasehold interest, and as a result of these arrangements, the consent of FCCLC and the Bank is required in order for the City to convey the Easement to the Developer; and WHEREAS, Section 23-I11 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of an interest in real property owned by the City, provided the Council first finds by ordinance that any sale or disposition of that real property owned by the will be for the benefit of the City's citizens, and will be 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 Council hereby finds that the conveyance of the Easement consistent with the terms of this Ordinance will be for the benefit of the City's citizens, and further finds that it will be in the best interests of the City of Fort Collins. Section 2. That contingent upon the consent of FCCLC and the Bank, and further contingent upon the Owner's execution of a satisfactory easement for the City's existing pedestrian bridge between the Parking Structure and the Opera Galleria, the Mayor is hereby authorized to execute the Easement Agreement and such documents of conveyance as are necessary for the City to convey the Easement for the Opera Gardens Lofts pedestrian bridge, consistent with the terms of this Ordinance, together with such additional terms and conditions or modifications as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2005, and to be presented for final passage on the 7th day of June, A.D. 2005. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 7th day of June, A.D. 2005. Mayor ATTEST: City Clerk EXHIBIT "A" EXHIBIT "A" Intermill Land Surveying 1301 N. Cleveland Ave. e Loveland, Colorado 80537 (970) 669-0516 Fax: (970) 635-9775 E-mail: intermill@qwest.net PEDESTRIAN BRIDGE EASEMENT DESCRIPTION(Easement 1): Situate in a portion of Tract `A' of the Replat of Lots 24 through 39, Block 21 to the City of Fort Collins, County of Latimer, State of Colorado being more particularly described as follows: Considering the South line of Lot 8 of said Block 21 as Bearing South 89°58'48" West and with the Vertical Benchmark in the City of Fort Collins, County of Latimer, State of Colorado, set vertically in the East face of the Northeast corner of the Post Plaza Building (Old Post Office), at 201 South College Street, and 0.5 meter(1.6 feet) South of the Northeast corner of the building. 2.8 meters above the sidewalk to have an elevation of 4922.21, and with all bearings and elevations contained herein relative thereto: Beginning at a point directly above the Southwest Corner of said Lot 8 at an elevation of 4948.00, said point also being on the Easterly Right of Way of a 20 foot Alley; thence along the Easterly line of said Alley and the Westerly line of Lot 8 and Lot 9 of said Block 21 North 00°00'00" West 28.49 feet at a minimum elevation of 4948.00, more or less, to a point on the Westerly line of said Lot 9; thence departing said Easterly line and the Westerly line of said Lot 9 over and across said Alley Right of Way North 90°00'00" West 20.00' at a minimum elevation of 4948.00, more or less, to a point on the Westerly Right of Way line of said Alley and the East Line of said Tract `A', said point also being the TRUE POINT OF BEGINNING of an easement for a pedestrian bridge being located at and above a minimum elevation of 4948.00 and rising vertically 22.00 feet to a maximum elevation of 4970.00; thence along the Westerly line of said Alley and the Easterly line of said Tract A North 00000'00"West 12.00 feet at a minimum elevation of 4948.00; thence departing said Westerly and Easterly line North 90°00'00" West 6.42 feet at a minimum elevation of 4948.00, more or less, to a point on the exterior face of an existing parking garage wall; thence along said wall North 00°00'00" West 6.49 feet at a minimum elevation of 4948.00; thence departing the exterior face of said wall South 89049'43" West 0.72 feet at a minimum elevation of 4948.00, more or less, to the interior face of said wall; thence along the interior face of said wall South 00°00'00"West 8.15 feet at a minimum elevation of 4948.00, more or less; thence departing said wall and along the following (3) courses and distances all at a minimum elevation of 4948.00: North 90000'00"West 18.50 feet; South 00006'26" East 13.00 feet; South 90°00'00" East 18.50 feet, more or less, to a point on the interior face of said wall; thence along the interior face of said wall South 00°00'00" West 5.49 feet at a minimum elevation of 4948.00; thence departing the interior face of said wall North 89047'55" East 0.76 feet at a minimum elevation of 4948.00, more or less, to the exterior face of said wall; thence along the exterior face of said wall North 00°00'00" West 8.15 feet at a Page 1 of 4 C:UI Pji 3VAKAL CONDO LEGALW"bndo m d- EXHIBIT "A" Intermill Land Surveying 1301 N. Cleveland Ave. -. Loveland, Colorado 60537 (970) 669-0516 Fax: (970) 635-9775 E-mail: intermill@qwest.net minimum elevation of 4948.00;thence departing said wall South 90°00'00"East 6.36 feet at a minimum elevation of 4948.00, more or less, to a point on the Westerly Right of Way line of said Alley and the Easterly line of said Tract A, and the TRUE POINT OF BEGINNING. Said easement contains approximately 336.9 square feet at and above a minimum elevation of 4948.00 and lying below a maximum elevation of 4970.00 and is subject to all existing easements and/or rights of way of record. Page 2 of 4 C.U=d Rowe 3WIKAL CONDO LEGALS34M Wdao a doo EXHIBIT "A" EASEMENT EXHIBIT MAP Easements 1 , 2 and 3 for Pedestrian Bridge Situate In IS portion of Block 21 of the City of Fort Collins, County of Lorimer, State of Colorado Na eIx 1 II i I � x tl I v, i I n. Existing Peds strion Bridge L_____J e o ..... ... 0�9� •.. P.A R C E L 3 .. "S MINIMUM ELEV = 4949AS �FPProxmDm Location Existing Gti' Q Top of Concrete u Wall of the OPera Gollern (2 on Parking - Q 3 and 3 Story Building) .. \� eoroge spot \. , CA .':'O� O O ton at . Access '� 4949]6 N P P A R C E L 2 `pYG Z I _ MINIMUM ELEV = 494449 �a --- Top of Concrete on - B--- _ — -- -- Pork,, Guru,. spot- — 2000. h tLt GkA ge,ijUdn at4949.86 � Y� �� Easement Esmt. 4 ., Esmt 1 }-- -- e��----- OQ n„a,a,— `-Esmt. 3 P A R C E L 1 hill& MINIMUM ELEV - 4949.49 l so < _Top of Existing Parapet o % Elevation = 4952-53 Approximate Location Existing 9, South Line of WPII of 4 Level Parking Structure /fj of Lot Bsl Corner L.t 8 S89'55 48''W Noll 4 Slay.:In . I'A Dishut ev n Irv.-- cruel F.I"vn .Itic.15 EXHIBIT MAP SCALE I' = 10' TYPICAL SECTION ,,.me 21, 200A rEsmt3 Nat To Scale Nnl., ut I% net...nm,m..... jI Easement J T" ,�..a I �I [v,rant X Frvp.ay 9 Vero Notes: I Eamt'i �lilNEsmt2 i I cau.m e�mnaa A Heard ee5heel y of 2 for Additional Information Not Snon'n -Li-i I I a B. Loorn-c i, 2 & } are to, the Purpas f d ate 4o1e1 Pedestrian bridge n a- tl heandingfoul t ' d et'It � & other apparatus - l lM1 tau th !o a,+ i p kng y loge to a si 'I 21 I D building aClD99 alley. i.4 G. VERTICAL BENCIIMARK: --"---- — In the City of Fort Collins, County of Larimer. Stale at Colorado, set vertically In the East face of the I!"rtly c of the Post Plaxl Bullding (Old Post O flat). , 201 e5Ca In College Sh eat, and 0.5 molar Tract ,A, 2D' Alley Laf 9 (1 6 teal) 5oa1M1 of the Northeast ca r of the R.D.W. Culling. 2.8 meters drove the sidewalk is conedereO elec43t rev filly al FOY axru no ea an elemtiori of 4922.21 SHEET OFI� EXHIBIT "A" EASEMENT EXHIBIT MAP Easements 1 , 2 and 3 for Pedestrian Bridge Situate in a portion cf Block 21 of the City of Fort Collins, County of Lorimer, State of Colorado as...r I r � as I I II I I 't(i' '•� a I I a. .I f Inowas I Enlson9 Peae etdan 9.mge I I �e `o P A R C E L J Gt t MINIMUM ELEV = 4949.19 i -Approxmate Location Existing— -- �- �- - G Q To of Concrete Wall of the Opera Golleria (2 '`A(�� .1 Parkin, '� Q �,3 and 3 Story Building) �O ea•a9e .,at o cA .. o le�at an of o -osc 1 .anon oe Concrete on h o Access p A R c E L 2 \ RRG 6949.]6 N .. P �a B MINIMUM ELEV 4949.49 Q Top er c to oo Access t�O G4� to .lung Corpse spot L 20.00 Easement V L— ------��a---_ 'Esmt. I ,Esmt 2 a L ., . Q Lfsmt. 3 PARCEL 1 .11.w, a s„-n,^ MINIMUM ELEV a 4149.49 t.o'c,ev..m h- Top of Exisfmg Porapel Elevation = 4952.53 Is Approximate Location E.ls0ng _Soathweet Corner South Line of WmI of 4 Lew[ Parking St-stuns of Lot 8 Lot 8 S89'58'48"W Ilk at...r:^ nI. .11a o I...I , A Flnvllun-1910.16 EXHIBIT MAP SCALE. 1" = 10' TYPICAL SECTION .I, 20s4 Not To Scale -Esprit as eatr, No max mu t' nelght pen^,,corm Notes: - --r-; /I fot::`E.4,°^gr,I, r See Sheet 2 .1 2 for Ad6Gonal In lormatlon Not Shown Esm11 •j•Eemt•2 f I hole., .�g Hereon. _-�_-_I aune I 1 B. E.A.m 1, 2 k ] f tl P Pos I P1wte - snq a"ste petlest- 1 br,dl. ..d i q d I Qr9 l d oftlei Pp f laassorting a smofrom I Ith the fourth Ia0am' of >0r7� an all" a garage Y 'wss _ labQRgA.::,py a i. a .... ---�. -- __.. C VERTICAL BENCHMARK. —�— In l,.(lfy of Part Collins. County of Lorimer, Stale of Norther set .erlof the 'm he East face of (O he Northeast c of me Post Street, Banding (Old Post Cal.011ice), l 201 e5autM1 Callvge Sbeet, and OS meter 20 Alle (L6 feet) S-m of the Northeast c of the Tfd<l •A' R 0 W y Lot 9 :ril d:nq, 2.6 meters ol— m. .....lk is s.-ol—cl .1.til of the Ctly of front Grin. 1, re n memtlaI of 4922.21 SHEET /} OF _ EXHIBIT NBw Intermill Land Surveying EXHIBIT "B" 1301 N. Cleveland Ave. Loveland, Colorado 80537 (970) 669-0516 �\ Fax: (970) 635-9775 E-mail: intermill@qwest.net PRIVATE PEDESTRIAN BRIDGE EASEMENT DESCRIPTION (Easement 2): Situate in a portion of Block 21 of the City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the South line of Lot 8 of Said Block 21 as Bearing South 89°58'48" West and with the Vertical Benchmark in the City of Fort Collins, County of Larimer, State of Colorado, set vertically in the East face of the Northeast corner of the Post Plaza Building (Old Post Office), at 201 South College Street, and 0.5 meter (1.6 feet) South of the Northeast corner of the building. 2.8 meters above the sidewalk to have an elevation of 4922.21, and with all bearings and elevations contained herein relative thereto: Beginning at a point directly above the Southwest Corner of said Lot 8 at an elevation of 4949.49, said point also being on the Easterly Right of Way of a 20 foot Alley; thence along the Easterly line of said Alley and the Westerly line of Lot 8 and Lot 9 of said block 21 North 00°00'00" West 28.49 feet at a minimum elevation of 4949.49 to the TRUE POINT OF BEGINNING of an easement for a pedestrian bridge being located at and above a minimum elevation of 4949.49 and rising vertically 20.51 feet to a maximum elevation of 4970.00; thence departing said Westerly and Easterly lines over and across said Alley Right of Way North 90°00'00" West 20.00' at a minimum elevation of 4949.49, more or less, to a point on the Westerly Right of Way line of said Alley and the Easterly line of Tract `A' of the Replat of Lots 24 through 39, Block 21 to the City of Fort Collins; thence along the Westerly line of said Alley and the Easterly line of said Tract A North 00°00'00" West 12.00 feet at a minimum elevation of 4949.49; thence departing said Westerly and Easterly lines over and across said Alley Right of Way South 90°00'00" East 20.00 feet at a minimum elevation of 4949.49, more or less, to a point on the Easterly Right of Way line of said Alley and the Westerly line of said Lot 9; thence along said Easterly and Westerly lines South 00000'00" East 12.00 feet at an minimum elevation of 4949.49 to the TRUE POINT OF BEGINNING. Said easement contains approximately 240.0 square feet at and above a minimum elevation of 4949.49 and lying below a maximum elevation of 4970.00 and is subject to all existing easements and/or rights of way of record. Page 1 of 3 C.\Leed Projects 3\MIKAL CONDO LEGALS 4M btidge—esmt.doc EXHIBIT "B" EASEMENT EXHIBIT MAP Easements 1 , 2 and 3 for Pedestrian Bridge Situate in a portion of Block 21 of the City of Fort Collins, County of Lorimer, State of Colorado _. S59'49'43"W Q 0.72 I TRUE POINT OF 3 N00'00'00"W BEGINNING of Pedestrian o- �849' Bridge Easement at min. '^ elev. of 4948 to max. o col✓ N90'00'00"W1 ell of 4970 o II i�6.42' l _N9 18.50�0•'W__J 31 La't9 1B 5 r - 0 0 ojo 0 /Easement2 ---�w Easement 1 0l� olro zh / N9000'oo"w ^�Easement 3 - Im __ 20 L_ ss000'oo"E__ j Lsoo ao w 8. _J 150 7f 1 I 6.36 S00'00'00"W /��N00-00'00"W o 5.49' 8.15' S_I Lot B LN89'47'S5"E f I 0.76' 20' Alley 1 20 Alley I S90'00'00"Eas T-- 20.00'-- W o. 01. - Southwest Corner C4 ao Easement 2 0l� c'9� °' Cut " - 1 o iry _ - South Line of Lot 8 LU co zh 20.00' �f 1 Lot 9 Nall &Concrete at einr 51 offset � 589'S8'48"W- _ ._ .� -N9-QQ41N_ - Ld1 from True Corner, TRUE POINT OF o Elevation = 4910.15 BEGINNING of Pedestrian cola Bridge Easement at o SCALE: 1" = 10' min. elev. of 4949.49 e i Lot to max. elev. of 4970.0 South Line of Lot-8 Southwest Corner of_i' o S89'58'48"W Lot 8 Null & Shiner in / --t---------N90-00'00"E Concrete at 5.0' offset 7.00' from True Carney, 3� /-13-Easement 3 Elevation = 4910.15 Easenfil2 $Io 0 SCALE: 1" = 10' 1 o Lot 0 TRUE POINT OF - � - -- -- - -- -- - Notes: BEGINNING for Access n. see Sheet 1 of 2 for Additional Information Net snow, Easement at min. �� `590'00'00"W Hereon. Elevation of 4949.49 I 7.OD' e. Easements 1, 2 & 3 are for the of to S:m purposes aanv° 2� a'J g- Last - Pedestrian hridge and required landing, lairs nd Y ale' other data...Wa spanning fmm the loath level of a parking ..rage to a similar level of o bmidar, across an coley. Southwest Corner C. VERTICAL BENCHMARK: of Lot B In the 0ty of Fort colrns, county of Lorimer. state of South Line_ of Lol 8 Golandu set vvfcally'n the Emt face of the __ Northeast corner of the Poet Plaza Bufli ng (Old Poet Nail & Shiner In S199'58'48"W of .. t 2a1 Sdu lh College Street, and 0.5 meter Concrete at 5.0' Offset —� (1s reef) soum m me Na heaet cane of the from True Corner, ��\llljjyJJJ nu le n.. 2fl meths ahave the elde.dlk s ronsd.AdJ Elevation = 4910.15 have an elevation of 492221 SCALE: 1" = 10' EXHIBIT MAP $ SCALE: 1" = 10' rune 21, zoo, SHEET 1 OF 3 EXHIBIT "B" EASEMENT EXHIBIT MAP Easements 1 , 2 and 3 for Pedestrian Bridge Situate in a portion of Block 21 of the City of Fort Collins, County of Lorimer, State of Colorado S89'49'43"W Q r 0.72' TRUE POINT OF 3 (Ill NOO'00'00'W BEGINNING of Pedestrian no m 6 49• Bridge Easement at min. o ✓ N90'00.00W elev. of 4948 to max. 0'11 -6.42' elev. of 4970 �Qo9'oo' 1L-1�---- -------) N �W--J 3 Lot L 18.50' 7 -- 0 b oia �Easeunerut 2 i �I Easement 1ic,10 o — ) _ N90 ON oil -- EaBemePdo w1N r 2000 Inq LS L_ S90'00'00"E I 00'00"W 0 6.36' Noi'oo'Go"w SGo'00'00"W al 5.49' _, �1\189-'47'55"E ��g E 0 76'I 20' ANIey 2O' Alley I S90'00'00"E _I 31 Southwest Corner P of"c olo - - olc, Easement 2 010 �_ ar Lat B - - ' South Line of Lot 8 o " o" b 589'5B'48'W- zl otI I Nail & Shiner in _ w I Lot 9 Concrete at 5.0' offset N t 20.00' / _J from True Corner, TRUE POINT OF — Elevation = 4910.15 BEGINNING of Pedestrian Flo Bridge Easement at o SCALE: 1" = 10' min. elev. of 4949.49 i Lotto max. Alex, of 4970.0 South Line of Lot-8 _ Southwest Corner of- --- 589'S8'48"W Lot 5 I Nail & Shiner In ---- N90-00'00"E Concrete at 5.0' offset 7.00' from True Corner, BI. / 3 Easement .3 Elevation = a9w.1s Easement 2 0'0 hO SCALE: 1" = 10' Id1 1 0 � OL0o of -10 -- --------z1 l0 I ref Q - - -N - - TRUE INT I`10te5A. e snort I f 2 farAaai<ionai information Not St.— Easement BEGINNING aft�mArccess 11S90 o0O'00"W ner<oo. a Elevation of 4949,19 0�0, 0 B. Easements I, 2 & 3 are for the purpose of a private 20' atp p m Lot 8 pedestrian bridge and required landing, stairs and y a w other apparatus Spanning from the 1—th level of a parking garage to a similar level of o building acraa j an alley Southwest Cerner 1TI -''- C. VERTICAL BENCHMARK: of Lot 8 In the city or Fort Collins. county of State f Colorado, In set verl tally the East face, off His 5011 th Lln_E_of Lo_t_B_ N Northeast corner of the Past Plato Buld'ng (ale Po Nail & Shiner in SB9'S9'48"W mice) t tot sown s Northeast so-mt. and 0.5 meter Concrete at Carrier, offset (vs teal) sawn m me above the came of me from True Corner, bmle,n n "It metm3 above the Sidewalk I. canmaeree Elevation = 4910.15 nave an elevation of 4922.21 - SCALE: 1" = 10' EXHIBIT MAP SCALE: 1" = 10' Jane 21. 2ooa SHEET 3 OF