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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/17/2009 - RESOLUTION 2009-017 AUTHORIZING THE GRANT OF A REV ITEM NUMBER: 15 AGENDA ITEM SUMMARY DATE: February 17, 2009 FORT COLLINS CITY COUNCIL STAFF: Brian Pederson SUBJECT Resolution 2009-017 Authorizing the Grant of a Revocable Permit on City Property to Mr. Leslie A. Peterson. RECOMMENDATION Staff recommends adoption of the Resolution. FINANCIAL IMPACT The City is not charging for the revocable permit because the duration of the license is short-teen and is limited to granting access so Mr.Peterson can comply with a request from Code Enforcement. EXECUTIVE SUMMARY The proposed Revocable Permit will allow the Grantee and his contractors to cross a defined area of the City property to access Grantee's landlocked property. The City's Code Enforcement staff has requested the Grantee remove some debris from his property and he needs permission to cross the City's property to be able to complete the tasks requested by Code Enforcement. BACKGROUND Mr. Peterson owns a one-acre parcel of vacant land which is adjacent to the City owned, Ahnstedt property. The properties are located south of Drake Road on the west side of Taft Hill Road,along Spring Creek. Mr. Peterson's property is currently landlocked without any designated access from a public road. The Ahnstedt property was acquired by the City primarily for flood control purposes and is managed by the Utilities Department. The Parks Department manages the Spring Creek trail which is situated on the perimeter of the Ahnstedt property and Mr. Peterson's property. Staff from Utilities, Parks, and Real Estate Services have toured the properties with Mr. Peterson and his contractor to discuss the planned project, access restrictions, and schedule. Mr. Peterson is requesting the access permit because the City's Code Enforcement department has asked him to remove some debris from his parcel of land, including a non-operable flat bed truck, February 17, 2009 -2- Item No. 15 old mobile home,and a variety of other items. To comply with the request from Code Enforcement, he needs to gain temporary access across the City's Ahnstedt property. The proposed permit will authorize access over a designated driving path across the City's property for a 30 day period, but the actual job should not take more than 2 or 3 days. The extra time was included to accommodate Mr. Peterson's business travel schedule, the contractor's schedule, and any unforeseen delays due to weather conditions. The permit will contain conditions for any damage on the City's property to be restored and for the contractor to meet with the Utilities department staff on-site before commencing work. ATTACHMENTS 1. Location Map. ATTACHMENT 1 Peterson Revocable Access Permit Location Map J- , a a DRAKE RD_ — ----., — a IVAIR-8LOS OM-L —.—_ iE 4 Z - ......., - OS ROS L LL -- w City of Fort Collir{s � Property; MARE WOOD-D Cit�yy f rt CoQlins roperty ••■■u�uurroo■■ruu■iu■u■Gi�■■•••�•••� �■■uuo .4 i i FLULL_SL_._ City of Fort Collins Property --- -- •� — -- F1SCH.AVE. IZ Qi I I I !"HYLINEOR ® Property Location N Spring Creek Trail n •••■••� Proposed Path to Property N RESOLUTION 2009-017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE GRANT OF A REVOCABLE PERMIT ON CITY PROPERTY TO MR. LESLIE A. PETERSON WHEREAS,the City is the owner of a certain parcel of real property known as the Ahnstedt property (the "Property") located in Larimer County, Colorado, as identified on Exhibit "A", attached and incorporated herein by this reference; and WHEREAS, Leslie A. Peterson("Licensee")owns an adjacent parcel of vacant land which is landlocked and without a designated access route from any public or private road(the"Licensee's Property"); and WHEREAS,the City has notified Licensee about code violations pertaining to certain items and debris which are situated on Licensee's Property; and WHEREAS, the Licensee has agreed to remove the items and debris, as requested by the City's Code Enforcement Department; and WHEREAS, the Licensee has requested permission to cross the City's Property on a designated route as shown on Exhibit `B", attached and incorporated herein by reference (the "License Area"), for the purpose of gaining access to the Licensee's landlocked property; and WHEREAS, City staff has reviewed the Licensee's request to enter the Property, and believes that said access on the designated route will not interfere with or adversely affect the Property, based on current expectations; and WHEREAS, as a condition of the revocable License to Enter, the Licensee will be required to return the Property to its current condition to the extent reasonably possible; and WHEREAS, as a condition of granting the Licensee a revocable License to Enter, the Licensee will be required to complete the removal of debris and other items from the Licensee's Property and terminate the Licensee's access across the Property within 30 days after the License to Enter goes into effect; and WHEREAS, the City is waiving any fees to the Licensee for the revocable License to Enter because removal of the debris and other items from the Licensee's property, as requested by Code Enforcement, will be a significant benefit to the residents of the City by improving the appearance of the Licensee's Property from the Spring Creek Trail; and WHEREAS,Article XI,Section 10,of the City Charter authorizes the City Council to permit the use of 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 Mayor is hereby authorized to execute such documents as are necessary to grant a revocable License to Enter to Leslie A. Peterson, consistent with the terms of this Resolution, along with 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 to effectuate the purposes of this Resolution,including,but not limited to, any necessary changes to the description of the License Area, as long as such changes do not materially increase the size or change the character of the License Area. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 17th day of February A.D. 2009. Mayor ATTEST: City Clerk EXHIBIT A PARCEL I, A TRACT OF LAND SITUATE IN THE HE 1/4 OF SECTION 28, TOWNSHIP 7 NORTH, RANGE 69 WEST.OF THE 6TH P.M., COUNTY OF LARIMER, STATE OF COLORADO, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS, CONSIDERING THE EAST LINE OF THE WE 1/4 OF SAID SECTION 28 AS BEARING NORTH AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, BEGINNING AT A POINT ON THE WEST LINE OF HEINEMANN-S SPRING CREEK SUB➢IVISION, A SUBDIVISION OF A PORTION OF THE HE 1/4 OF SAID SECTION 28, WHICH POINT BEARS S 88 DEGREES 41' W, 230.00 FEET AND AGAIN S 987.82 FEET FROM THE HE CORNER OF SAID SECTION 281 THENCE N 89 DEGREES 10- W, 1123.10 FEET, THENCE SOUTH 362.76 FEET, THENCE N 83 DEGREES 34- E, 973.32 FEET, THENCE NORTH 130 FEET, THENCE N 88 DEGREES 34' E, 150 BEET, THENCE NORTH 2O8.28 FEET TO THE POINT OF BEGINNING. PARCEL II, LOT 10, HEINEMANN'S SPRING CREEK SUBDIVISION, COUNTY OF LARIMER, STATE OF COLORADO. PARCEL III, TRACTS H AND I, HAMPSHIRE POND PUD, CITY OF PORT COLLINS, LARIMER COUNTY, COLORADO. 1 EXHIBIT "B" Peterson Revocable Access Permit Location Map j,KAA Hil 0. < W DRAKE RD L-0 SO I 1---,No8S-R)S L- _w y w City of _ Fort Collin"s Property MARE O -D CC ttyy oo rt!Coll ns roperty NMI Iuu.u. ..u"uu..puoo.viu.--.uiiov. .u... .uuo City of Fort Collins Property __l1LLS.L._ ESGH.A)/.E. .. �I li HYLWE D-R _ -..... — ® Property Location N Spring Creek Trail •••••• Proposed Path to Property N