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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/05/2006 - FIRST READING OF ORDINANCE NO. 133, 2006, AUTHORIZ ITEM NUMBER: 14 AGENDA ITEM SUMMARY DATE: September 5, 2006 FORT COLLINS CITY COUNCIL STAFF: Lindsay Kuntz Jerry P. Brown SUBJECT First Reading of Ordinance No. 133,2006,Authorizing the Grant of an Access,Drainage,and Utility Easement from the City to The Greens at Collindale Homeowners Association. RECOMMENDATION Staff and the Golf Board recommend adoption of the Ordinance on First Reading. FINANCIAL IMPACT The developer of the Greens at Collindale and the Golf Division have agreed to share all associated costs ofthe easements,processing,and administration fees,totaling approximately$1,200. The City of Fort Collins will be granted a needed access easement across property of the Greens at Collindale Homeowners Association in exchange for this easement. EXECUTIVE SUMMARY D. Geisler Development and Packard Enterprise,Inc. is developing The Greens at Collindale PUD, First Replat located on South Lemay Avenue adjacent to Collindale Golf Course, which is owned by the City of Fort Collins. The proposed Access,Drainage,and Utility Easement will relocate and provide a necessary detention area for the development. In exchange for the granting of this easement, the developer has agreed to grant the City a needed access easement through the subdivision to access the Forestry Division Nursery area located on the golf course property,as well as for Golf Division Maintenance access to that portion of the Golf Course itself. BACKGROUND The Greens at Collindale PUD is a 33 housing unit development located on 6.42 acres of land adjacent to the 7th fairway and 8th tee boxes at Collindale Golf Course, between the Course and Lemay Avenue. In 1985, a street project was initiated to extend Lemay Avenue south from Horsetooth Road to the Golden Meadows Subdivision. An eminent domain action was needed to acquire a strip of necessary right-of-way across the property now known as The Greens at Collindale PUD. As a part of the Larimer County District Court settlement,the City agreed that the owners or successors of The Greens would be entitled to obtain an easement to install a sanitary sewer line across the Golf Course property when their property developed. hi 1996,a developer, Land Source September 5, 2006 -2- Item No. 14 LLC, began The Greens at Collindale PUD process. Council adopted Ordinance No. 004, 1997, authorizing the City to grant four easement parcels on Collindale Golf Course to Land Source LLC. One easement was for the sanitary sewer line to connect with an existing sewer on Sherman Court near the southwest boundary of the Golf Course. Another easement was for a storm water inlet structure in the detention pond on the Golf Course. A temporary construction easement parallel to the sewer easement was also granted. These three easements were considered as routine,especially in light of the Court judgment. During negotiations, staff and the developer worked out a cooperative agreement to provide an additional ten foot easement to the developer for storm drainage purposes and to provide a clearly defined physical separation between the Greens at Collindale PUD development and the Golf Course by construction of earthen berms and adjacent swales along the 7th fairway. Under the agreement, the developer agreed to make all of the improvements on the buffer easement which was located in undeveloped rough on the property line, including full landscaping (to City specifications) and irrigation,and provide for all daily maintenance. In addition to the issues associated with the various easements, the developer also cooperated by adding to the plat for development, clear disclaimer language stating that the City expressly disclaims any present or future liability arising from the property's proximity to said Golf Course and related golfing activities, and the homeowner accepts and assumes any and all risks for future damage or injury that the homeowner or their guests may suffer on account of such proximity. Land Source LLC sold its interest in the development, and the current developer, D. Geisler Development and Packard Enterprise, Inc., began construction a few years ago to complete the project. The developer had to meet several storm drainage requirements, and this year was ready to landscape the remainder of the berm buffer area in the easement. During staff discussions with the new developer, it became obvious that in 1997, access to the City Forestry Division's Tree Nursery located on Collindale between the new housing development and the No. 7 fairway/tee boxes on the southwest portion of the Course had not been taken into account. For decades Forestry Division trucks have accessed the nursery by driving into the Golf Course behind the No. 8 tee boxes and have driven on the ten-foot easement area to reach their trees. Once the developer landscapes the easement,Forestry will not be able to drive through that area,so staffbegan to search for alternatives to solve this new problem. The developer does not want truck traffic along the area directly behind six or so houses that face the course,and because of the location of many large mature trees,etc.,it is not practical for Forestry trucks to drive out into the 7th fairway to get to their nursery. With the help of staff from Stormwater, the developer and Golf and Forestry Division staff reached a solution to solve this access problem. Staff is asking Council to authorize the grant of a new 60 foot x 118 foot easement to The Greens at Collindale Homeowners Association for access, drainage, and utility purposes. This new easement will make it possible for the Homeowners Association to relocate its storm drainage area and detention pond south and east onto the Golf Course in an unimproved and non- playable location. The existing detention pond on the Homeowners Association property will then be filled in to provide for a 24 foot x 38 foot access easement across the Homeowners Association property,giving the City direct access to the Forestry area from an existing cul-de-sac in the housing development. This access easement will be granted to the City in exchange for the easement on the City Property. September 5, 2006 -3- Item No. 14 The developer has agreed to pay all of the physical costs of approximately $25,000 for these changes/improvements and the Golf Division and the developer will share the City processing and administrative costs totaling approximately$1,200. The Homeowners Association will maintain the landscaping associated with the detention pond on the entire easement. This solution satisfies Storm Drainage requirements,and appears to be in the best interest of both the Forestry and Golf Divisions, and solves the developer's dilemma. The Golf Advisory Board reviewed and discussed this issue, and at its meeting of July 19, 2006, voted unanimously to recommend Council approval of the Ordinance. ATTACHMENTS 1. Location map of easements. 2. Golf Board Minutes for meeting of July 19, 2006. ATTACHMENT 1 Location Map of Access , Drainage and Utility Easment5 jok , ? ^ / - ' 'VA . I 2 * ! � » Location a Easement Granting @ The City y Fort Collins N Location y Easement Granting » The Greens @cmdaleHO Golf Board Minutes ATTACHMENT July 19,2006 Page 2 Prior to the interview process all of the Board will once again be able to give their input on the top three candidates. The individual that ranks fast will be offered the contract but that individual must pass a background check and prove financial capability. Grant Sherwood asked if the interview questions are the same as they were three years ago. Jerry said that they are similar but are a little different since the City Park Nine Professional also has the Snack Bar Concession. Larry Buckendorf asked if there was any connection between the Restaurant/Snack Bar and Golf Professional?Jerry said that there isn't; however an individual could propose that. Then on a motion made by Larry Buckendorf, seconded by Lauren DeRosa, the Board voted unanimously (8:0) to approve the recommended RFP contents for the Collindale Golf Professional. The Board chose to have a secret ballot of those interested in serving on the panel and David Johnson and Deron Grothe where appointed to serve on the committee. Review and Recommendation on the Contents of the SouthRidge Restaurant/Snack Bar RFP Package; and Appoint Two Board Members to the RFP Committee Jerry asked if the Board had any questions or comments in regards to the SouthRidge RFP and the Board didn't have any comments. He said that both of the contracts are for 2007 with 4 additional one-year renewals through 2011. Larry Buckendorf asked if they (Board) had already approved it and Jerry said essentially yes, but this is the updated version. On a motion made by Jay Kammerzell, seconded by Deron Grothe, the Board approved the SouthRidge Restaurant/Snack Bar RFP contents Package. They then appointed Lauren DeRosa and Larry Buckendorf to the RFP committee. Jerry said that Jay Kammerzell will be back-up for the SouthRidge Restaurant/Snack Bar RFP committee and Dan Preble will be back-up for the Collindale Golf Professional RFP committee. Appoint Two Board Members to the City Park Nine Superintendent Review Committee Jerry explained the Personnel process that will take place for the City Park Nine Superintendent position. He said that with this type of process not all of the Board Members will receive the information, only the two Board members appointed. He said he will get together with the two individuals appointed, the Personnel Department, a staff member of his choice, and a citizen member. He will then provide the job description and they will help decide what type of search they would prefer to do, if they feel a search is necessary. Jerry explained that in this process he is the appointing authority and will make the final selection. Shane Houska and Grant Sherwood then volunteered and were appointed to be on the panel. —� Collindale Easement Jerry provided the Board with a map of the Collindale Golf Course area and showed them where the proposed easement is located. The Greens at Collindale P.U.D is a 33 housing unit development located on 6.42 acres of land adjacent to the 7`h fairway and the 8th tee boxes at Collindale, between the course and Lemay Avenue. In 1996 a developer named Gene Little of Land Source, LLC, bought the property and submitted his plans and found out that he was short of having enough land to meet all of the set backs that were required. He then came to the City and asked for a 10 foot wide easement on the golf course to meet his drainage requirements. The City Manager felt the course would benefit from the 10 foot wide easement buffer that was going to be between the houses and the course that the Homeowners Association would maintain. Council granted the easement in 1997. DRAFT Golf Board Minutes July 19.2006 DRAFT Page 3 Land Source LLC then sold their interest in the development, and the current developer, D. Geisler Development and Packard Enterprise, Inc., began construction a few years ago to complete the project. The developer had to meet several Storm Drainage requirements, and this year they were getting ready to finally landscape the remainder of the berm buffer area in the easement. During our discussions with the new developer, it became obvious to us that back in 1997 we had not taken into account access to the City Forestry Division's Tree Nursery located on Collindale between the new housing development and the No. 7 fairway/tee boxes on the southwest portion of the course. For decades Forestry Division trucks have accessed their nursery by driving into the Golf Course behind the No. 8 tee boxes and have driven on the ten foot easement area to reach their trees. Once the developer landscapes the easement, Forestry won't be able to drive through that area any more, so we all began to search for alternatives to solve this new problem. The developer desires not to have truck traffic drive along the area directly behind six or so houses that face the course, and because of the location of many large mature trees, etc., it is not practical for Forestry trucks to drive out into the 7c' fairway to get to their nursery. With the help of staff from Storm Water, the developer and Golf and Forestry Division staff reached a solution to solve this access problem. Staff will be asking the Council to authorize the grant of a new 60 foot x 118 foot easement to The Greens at Collindale Homeowners Association for access, drainage, and utility purposes. This new easement will make it possible for the Homeowners Association to relocate their storm drainage area and detention pond south and east onto the Golf Course in an unimproved and non-playable location. The existing detention pond on the Homeowners Association property will then be filled in to provide for a 24 foot x 38 foot access easement across the Homeowners Association property, giving the City direct access to the Forestry area from an existing cul de sac in the housing development. This access easement will be granted to the City in exchange for the easement on the City Property. Shane Houska asked if we'll always have access to the area and if they can come back and deny us access, and Jerry said they can't. He said that we are going to install a gate so the public won't be able to drive back there. Jerry said that the only thing that may cause an issue with the new development is golf balls hitting the homes. He said that he has already discussed this with the new developer and has shown him the documentation in the original paperwork that points out that it is not the Course's responsibility for errant golf balls. Jerry said that it would be the homeowner's responsibility to put in netting if they feel it's necessary. On a motion made by Shane Houska, seconded by Lauren DeRosa, the Board unanimously voted (8:0) to recommend to Council approval of the Collindale Easement. Board Member and Staff Comments/Reports ♦ Jerry stated that he felt David Johnson and Deron Grothe did a great job of representing the Golf Board at the July I 1 th Council Work Session. ♦ Jerry briefly discussed the financial and statistical report with the Board. He said that the revenues are getting closer. He feels that we may have lost a few rounds to the hot weather. He mentioned that we will soon be selling '/z Season Annual Passes for August-January. ♦ Jerry let the Board know that we now have the Golf Cart Punch Cards available. Shane Houska asked if any have been sold and Jerry said there hasn't been any ORDINANCE NO. 133, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE GRANT OF AN ACCESS, DRAINAGE, AND UTILITY EASEMENT FROM THE CITY OF FORT COLLINS, COLORADO TO THE GREENS AT COLLINDALE HOMEOWNERS ASSOCIATION WHEREAS, the City of Fort Collins (the "City") is the owner of a certain parcel of real property located in Fort Collins, Colorado, known as the Collindale Golf Course (the "City Property"); and WHEREAS, D. Geisler Development and Packard Enterprise, Inc. (The "Developers") are developing a parcel of land known as The Greens at Collindale, P.U.D. (the "Development") adjacent to the City Property; and WHEREAS,in order to provide a necessary drainage area for the Development,The Greens at Collindale Homeowners Association wishes to acquire an access,drainage, and utility easement, as described in Exhibit"A", attached hereto and incorporated herein by this reference, on the City Property; and WHEREAS, in exchange for the granting of the easement described on Exhibit "A", The Greens at Collindale Homeowners Association has agreed to grant to the City an access, drainage, and utility easement in the Development, as described in Exhibit `B", attached hereto and incorporated herein by this reference, to provide access to the City Forestry Division Nursery area located adjacent to the Development as well as for Golf Division Maintenance access to that portion of the golf course; and WHEREAS, the Developers have agreed to pay all costs associated with the physical improvements to the proposed easements, and have agreed to share the City's processing and administrative costs with the Golf Division; and WHEREAS,based on a review of this request by staff, it has been determined that granting the easements will not have any adverse effects on City Property; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of real property owned by the City, provided the Council first finds by ordinance that any sale or other disposition of real property owned by the City is in the best interest of the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the access,drainage,and utility easement on the City Property,consistent with the terms of this Ordinance,will be for the benefit of the City's citizens and is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute such documents of conveyance as are necessary to convey the easement to The Greens at Collindale Homeowners Association upon the terms and conditions described above, along with such other terms and conditions as the City Manager,in consultation with the City Attorney,determines to be necessary and in the best interests of the City. Introduced, considered favorably on first reading, and ordered published this 5th day of September, A.D. 2006, and to be presented for final passage on the 19th day of September, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 19th day of September, A.D. 2006. Mayor ATTEST: City Clerk EXHIBIT "A" July'3, 2006 Project No. DGEISL-6F2CO2-105 Collindale Golf Course Easement Legal description of an access,drainage and utility easement on,over, and across a portion of the South Half of the North Half of Section 31, Township 7 North, Range 68 West of the 61' P.M., County of Larimer, State of Colorado being more particularly described as follows; Beginning at the Southeast Corner of Tract B,The Greens at Collindale P.U.D., First Replat to the City of Fort Collins according to plat on file In the office of the Clerk and Recorder said County; thence along said East line North 00°00'00"East 118.00 feet;thence departing said East line South 89*44'11" East 60.00 feet;thence South 00"00'00"East 118.00 feet to a point on the North line of Golden Meadows Second Filing according to the plat on file In the office of the Clerk and Recorder said County; thence along said North line North 89*44'11"West 60.00 feet to the POINT OF BEGINNING. This legal description is for the granting of the above described easement, it is not to be construed nor does it represent a monumented land survey by this office. LANDMARK ENGINEERING LTD, By: O AE6 Paul A. Hernandez Colorado L.S. 3282 b3 29 s 'd 09ti5 'IN N60:1 9001 'U 'Isf Jul, 10, 2006 2:03PM No. 5460 P. 4 EASEMENT EXHIBIT MAP ACCESS, DRAINAGE & UTILITY EASEMENT LOT 16 COLLINDALE GOLF COURSE THE GREENS AT CITY OF FORT COLLINS, CO. COLLINDALE P.U.D. —FIRST REPEAT / TRACT a I TL CITY OF FORT COLLINS COS.1 , N.1/2 1/2A LE L SEC.COURSE p IACCESS, DRAINAGE & 589.44'11`E 60.00' UTILITY j EASEMENT a g o ad ACCESS, LOT n TRACT a DRAINAGE & UTILITY EASEMENT I 1 THE GREENS AT w w COLLINDALE P.U.D. $ o FIRST REPLAT $ o I $ P CITY OF FORT COLLINS COLLINDALE GOLF COURSE t I S.1/2, N.1/2. SEC. 31 P.0.8. `i S.E. CORNER — TRACT 6 N89'401"W 60.00' c LOT 9 LOT 10 I LOT 11 I GOLDEN MEADOWS SECOND FILING I SURVEYOR'S CERTIFICATE I, Paul A. HarngnAco a duly naglaterad Land Surveyor under the laws of the State m Colorado do hereby certify that this Aeceas, Drainage r Utility the f my Map Was prepared by t I or under emy direct cups or do and that It It correct to the but of my knowledge and belief. It is not to be � construed nor doss it represent a monumented land survey by this office. a Landmark en g1 a g, Ltd By w Paul A. Hernando < Colo. L.S. 32829WRIP J o. ®Onod yl TITLE: EASEMENT EXHIBIT MAP ENOINEERS/ARCHITECTS/ CLIENT: D. GEISLER DEVELOPMENT SCALE: 1"=20' a 332 1 Wee, LUenhewer elvdA Lan ('70) 667-6285 Dever(303) 62g-712d Fax 667-62g6 DATE: 7/3/06 JOB //: DGEISL 6F2CO2-106 u.'.hle oaaumenl Is on instrument of peof6YHanol svwaa of Landn,arx Engbio0mg Ltd. (L.E.L.} Lomdrnark moll, to 8n Nil"L eebnt pwr ltt d by law, be Neld harmbu and rateaeed of Any damage, nobility, or sort Msing or alegemy arlpMg ant at any moefeoatlan, change, or reuw or this do.,'Rpt by otmea. JUI. IU. 2UU0 2:UIFIA No. h46Q P. 2 EXHIBIT June 28, 2006 Project No. DGEISL-6F2CO2-105 Legal description of an access, drainage, and utility easement on, over, and across a portion of Tract B, The Greens at Collindale PUD First Replat to the City of Fort Collins according to the plat on file in the office of the Clerk and Recorder, County of Larimer, State of Colorado being more particularly described as follows; Beginning at the Southeast Corner of said Tract B;thence along the East line of said Tract B North 00°00'W' West 100.00 feet to the TRUE POINT OF BEGINNING; thence continuing along said East line North 00000'00"West 38.00 feet;thence departing said East line North 89044'11"West 23.84 feet to a point on the East line of an existing private drive; thence along said East line South 00°15'49"West 38.00 feet; thence departing said East line South 89*44'1 1" East 24.01 feet to the TRUE POINT OF BEGINNING. This legal description is for the granting of the above described easement, it is not to be construed nor does it represent a monumented land survey by this office. LANDMARK ENGINEERING LTD. By: Paul A, Hernandez Colorado L.S. 3282 32 29 ql u� Jul. 10. 2006 2:03PM No. 5460 P. 3 EASEMENT EXHIBIT MAP ACCESS, DRAINAGE & UTILITY EASEMENT TRACT B, THE GREENS AT COLLINDALE P.U.D., FIRST REPLAT, CITY OF FORT COLLINS, CO. LOT 16 m THE GREENS AT � 11I COLLINDALE D FIRST REPLAT 23.84' n ro ACCESS, n PRIVATE DRIVE DRAINAGE So ; a UTILITY $ EASEMENT c P VI 2 589'44'11`E — -- 24.01' T.P,0.6. I I I I ' LOT 17 I TRACT B I j I THE GREENS AT gig t COLLINDALE P.U.D. �I$ FIRST REPLAT t I I I' I i I I I S.E. CORNER ' _----- TRACT B SURVEYOR'S CERTIFICATE I, Paul A. Hernandez, a duly registered Land Surveyor under the Iowa of the State of Colorado do hereby i certify that this Access, Drainage & Utility Easement Exhibit Map was prepared by me or under my direct supsrwlslon and that It Is correct to the best of my knowledge and belief. It In not to be I construed nor does it represent a monumented land survey by this office. Landmark E g 9, Lt ' By. - ..... Paul A. Hernando t Colo. L.S. 32829 0 ®B p�rty� TITLE: EASEMENT EXHIBIT MAP La.wI�LILet t n� � ENa1NEERS/ARCHITECTS/0 Rs CLIENT: D. GEISLER DEVELOPMENT SCALE: 1"=20' 3521 Wetl 21a9atpWR Blvd., IavAa 7, (a7B)es7-s2e6 Bamar(303)$29-7121 Fox 970) 66Y 62Be DATE: 6/28/06 JOB y: DGEISL 6F2002-105 �u docemart i9 an ,nalrernant or protaaoaval adrdcw of Lonon,orw Engooaring Ltd, (LBd.). La„dmork &.all, 16 the fa6a".1 exlnkk omyRt6d by law. be hdd ncrmleae and rmle.aeod of ony damage. ilabllity, W coat arising or allegedly bluing wt of any modifiaallan. Ch=94. or rwuss of mle daaulnenk by others.