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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/04/2010 - FIRST READING OF ORDINANCE NO. 056, 2010, AUTHORIZ DATE: May 4, 2010 Lk AGENDA ITEM SUMMARY STAFF: Matt Day, Daylan Figgs T COLLINS CITY COUNCIL Lindsay Kuntz - First Reading of Ordinance No. 056, 2010, Authorizing Conveyance of Non-Exclusive Drainage Easement on City Property to Provincetowne, LLC. EXECUTIVE SUMMARY In 2006, the City of Fort Collins conveyed a permanent drainage easement to KB Home Colorado on City property. This City-owned property is a future neighborhood park for the benefit of the Provincetowne P.U.D. Filing Three Development(the"Development"). The City of Fort Collins Park Planning and Development Department is ready to develop the park, now known as Water's Way Neighborhood Park. The design of the Park requires the alignment of the easement granted in 2006 to move farther south and cross a portion of Pelican Marsh Natural Area. Staff is requesting City Council approve the conveyance of a new permanent drainage easement reflecting the new alignment to the owner of the Development,which is now Provincetowne, LLC. The 2006 easement will be terminated when the new easement is granted. BACKGROUND/ DISCUSSION An easement granted to KB Home Colorado in 2006 included 30,771 square feet of drainage area across a City-owned future park site, located between Eden Ridge Court and Bellewood Court in the Development. The purpose of the easement was for the benefit of the Development in accordance with the approved utility, storm drainage, and other related plans associated with the approval of the Development in 2006. The Park Planning and Development Department now plans to develop the park site, known as Water's Way Neighborhood Park. During the design of Water's Way Park, it became evident the original drainage easement would not function as needed. The requested drainage easementforthe Development and the parkwill now cross the southern portion part of the Park and continue south across a portion of Pelican Marsh Natural Area. The new easement alignment and construction of the drainage features will require the removal of an abandoned irrigation canal currently running across a portion of the park site. To offset the loss of habitat along the irrigation canal, wetlands will be created as part of this project and will be located on Pelican Marsh Natural Area. - To move the location of the drainage easement for the development, the City needs to convey a new drainage easement to the owner of the Development and terminate the existing easement granted in 2006. KB Home Colorado sold the Development to Provincetowne, LLC. Staff has notified Provincetowne, LLC of the proposed change to the drainage area. Natural Resources staff has reviewed the plan for the drainage easement alignment and has determined there will not be any negative impacts to the Natural Area property as a result of the new easement. FINANCIAL IMPACT KB Homes Colorado compensated the City of Fort Collins in 2006 for the drainage easement granted for the benefit of the development. Since the design for the new park has created the need to realign the existing drainage easement, staff will not request additional compensation from the owner of the Development for the new easement. May 4, 2010 .-2- ITEM 16 SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Conveyance of the new easement area will facilitate the development of Water's Way Neighborhood Park for the use by citizens in the surrounding neighborhoods. The new easement area will also create additional wetland on the City's Pelican Marsh Natural Area. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION Staff presented the proposal to the Land Conservation and Stewardship Board (LCSB)at its April 14,2010 meeting. The LCSB recommended by unanimous vote, that Council authorize the conveyance of the drainage easement as recommended by staff. ATTACHMENTS 1. Location map 2. Land Conservation and Stewardship Board Minutes, April 14, 2010 meeting 3. Existing Easement and Proposed Easement Detail Attachment 1 ATTACHMENT 1 Conveyance of Drainage Easement To Provincetowne West LLC Location Map �p�,y . " +��,-•r / '�5�1)�!'r�� j mil. TRllbb'ao_ wll„ JJ IA�{ •�.ti y.r�.�.. .`yeti. / ..y m. itV pr-`Np o•�i r—�_ y•"i you 4...`. �14 RD yy yN� '�iAnuL.r..�Y`..r^ram.emu''.�•r ' A A H• A" A A �.Lr+.•v.+A�Aa rti�NJ�r4 i�ry w�+� w tee`"..q�,r..r..: °;'n"'•:r;" N Drainage Easement Conveyance Location A FATTACHMENT 2 Land Conservation & Stewardship Board—Meeting Minutes Wednesday, April 14, 2010 Excerpt: Pelican Marsh"—Drainage Easement for Parks • Sears: Matt Day, Landscape Architect from Park Planning and Development, has been the project manager on the Pelican Marsh dam project, which is completed. Matt is building the neighborhood park adjacent to Pelican Marsh which will serve as the Natural Areas trail head to Pelican Marsh. The park design calls for a drainage easement across the Pelican Marsh Natural Area. • Day: We brought, to the February LCSB meeting, the Robert Benson dam improvements and now we would like to bring the Board updates of the park that we are working on which is adjacent to Pelican Marsh. • Kuntz: There is an existing easement that was granted to the Provincetowne Development by Parks. When the easement was granted to the Developer they compensated the City for that easement and use. The development has been sold to a new owner. Since the development of the park requires the existing easement be located in a different location, we need to vacate the existing easement and grant another easement to the new developer in the new location. The City is not asking for additional compensation from the developer since it was previously Stanley recommends to City Council for approval of the Pelican Marsh drainage easement and that no further compensation would be required because this is a swap. Germany second. It was unanimously approved. paid for. pip TT pip pip f.� \\ ' f_"'1•ram i "rr��`r� ram' L I ICI I pi _ i •\ , �lie f 1 �\may ,� i I�'j. }r j �f- pit ip �r �4 - Ip I' \'. ,\ Y ��/ j - J.-1' �f 'T� . `��.�� i /`r f / \� `t�r_. 4�� \. ,�•�_ �yK y _ itip T URE r 1 1 1 � "`* SITr' . t w r-pr . . ,pippippippippipprippippir it ` 1 � I +• •� I IN ROBERT BENSON RESERVOIR, ' -�, , _ �'�, , �� y ' , AN Q l f l "I — trT , 'I , w go Its -- : J .•� \� 14 _ I y I _I_� i1 I �Fpip � _- - V /4 Y 'sL;+� „ i .�l' , 1 ' ..f — _ — — r �_ �I (' Rt rip rL '1pIjr a` ig ' 1. iL PELICAN MARSH NATURAL AREA .. • ` I pip . _ _ CARPENTE"OAD — — — `� •' L Alp l i ATTACHMENT 3 - EXISTING EASEMENT DETAIL ( - - - / / � � • � �� i Demolition Nalea WITH/ AI CONTRACTOR SHALL COORDINATE TORET EOWNER'SROVETE TAI IWITS 0FCONEWANOAPfiiOVFTHFNMIfS / \ / �/ • / ♦ \ � \\ OF CONSTRUCORTH STAKE TORIS \ Af DICRIES UMITSOFCORTHESTTKING OF \` � / / �+/ ,l� ♦W\ \\ TII THE ITSOF COEMEETI G FRlOq TO THE INITIAL SrtEMEETING. 2 EAOTEC FEATURESANDAREAEI RWREr GMRRSF IR[f5 \ q\ SMARKED ITEUSFORDEMOLINEA LIMRTHE / / / ♦ /; tlMI1N [OM d RWK \ \ \ SITE VSEFO MMOLINGTE IMI / \ \ C PDITION TOTHE ANY111ODEN eC�� ' REPRESENTATIVE \ `/ ``` �` // JG /f ♦� f1161NL IMR VIQ1Y \ \ \ \\ \ 4 THE SITE SLIWEYWAS PROMISED THE CITY OF FORT COLLINS SUHVEYING (N oft B OMIRS) , \ WALL BE R VDMEn SAP MID STM]tM1E e' TfPSdL 281 N C LLEG / \ \ \ \ - 0/♦ R*HT REUOKo e.\n R • I 2DI N. 0 INS.EAVE. / pli Ci Yd - \ _ _ __ _ _ F'ORTCOLLIN5.C0 B0524 l9701221 7335 / .A� ' 5OONTRARESPONSIBLETO V OVERI ALLAI-LL RES 1FYMFMY WIRR ! 4K MIX OR10Y MAY _ ER COISIIRCAM I/ M F lltlf i0 RIGHT a WAY PELWRµ� YC ER WR % FUTURE CITY OF FORT COLLIN,,S / A� ' / 1 NEIGHBORHOOD PARK SITE/ �d[r Ia SIXWR / ♦ / D nIIR i Oftl mMEnOx ( ✓1 Acmw /�♦ �/ Sl. / fRSaN s\mvRs � .J/ ♦ � i esas:Voxc= rtA� moic. / / •S // / ss i+n sIMVRc R• 1Rb 4 // 000 /'i `\ 16 _ _ /l' / .ate // \ 0 TOO SO 4 C�i \ AIR MO sMZL - R �3M \ \ SCALE 1 90 a+w s ri w \mae a ' / 010 , \ �� i `\ No. Rwulon/luw Dole at f EXkS 1 ING EASEMENTI / le Rit o� CoRins / //Ogg1RWR RIAY 4p. R / I ( \ 11111� my C/a �pEL➢af�iwED1 // I ♦ \\ `\ Ro.n R0 Y,M+ \ ..�o>..a..a.m. — ._. / / ( ucaRlDlee aDaleN I \\� WATERIS WAY PARK PROPERTY LINE ` \\` \\`\\ EXISTING EASEMENT \ / ' \♦ J \\ EXISNNO CONDMONS 4 \ \. DEMOLMON PUN \ \ \ J/ ,C \J'1..0LLTREeIN[ ` \ \ \ GILL. UIIUW NOTnCAPON nolrt� \ \ CA MAR,F 11 , \\ \ \ \ CENOR OF CQORADO vwl \ NA AL AREPQ \ 811 oz/\o/m C - 3 \ \ \ `\ / DEFgE ql IA RRD4 M PCnvnr. PAGE 2 OF 3 ATTACHMENT 3 - PROPOSED EASEMENT DETAIL �D / PROVNCETOWNE ` IF THIRD FILING / • • p ♦ N411° / (FUTURE OEVELOPM ENT) C 1R41Y PO C lR°Y M / 4' F/ e• 1:01own d°E �i { �' \ I conmacio sxnunoiinownurc °1M U.1F.WS YA \\ WORK FOR SIDEWAu We AND E w rsvl�ESFnrArrYE ��Q • / , / �O / am \A � �\ / zNirX=rw,nAciDRONcowanw olu [ srm. (1 I�r./� wFE�au F�ior•srsoo.Ei ws °ww�e�cro �`\p..lt/.i.H� ♦ o-scussi IKKAE DonrnrRa®wm, NV RX NTIATPARMU•AR AXEAUMILM FVMKDN7A AHOTIEOWNE 1E,pp ESFNTATKHAVECONE T0 iO Mi _ rm UK AGREFrIENrFpiINFOESiRFOI^ 'MRKMI19W lui WIT SAW WRAYMAXon ul aCQVIR ORSWORKxM MILD \ OFWAYSFUELCONFORIA7i F... . . aSRAN UK \ _ CgXSTPWN.NONCTNFRM,srnr.)a:.i ... RCBFRi 00 r R/ ,ANCAn° / 1/ s °AU°EP'BAN11OTTISEERR wRN WAYSDEw<. eLRxX /9,PR I PROVINCEROAD wNTw.CTORSWORKissumrrlTO 11 ,1 � —'= rnYOFFtNic011 NssTFa=E,FavuN nrvi� H / / // N _l _ R RECC,XIH STANOARO^AM q __ _ _ __ m• DELINC3euNEs PROVINCETOWNE / ' AuwoRKPEnFORNmwrtwFRww THIRD FILING / / / / sNALi aESLmEVTocnr w / (FUTURE DEVELOPMENT) � // / e wnrRARW5�4TCONTTTaCIM1OF / / , • f FOR TO NNSIVWNEETM;DEPARTMDNT / / • / H \ m rcRow 1 / � \ sCOO,LYHwIECN1E.lIY%tlWMEM6 9Cbgt6 PUYSLmlcrulc^.wrtHnc EnN.0 CTONX / \ T�H6PRWRTOCOW"wNC,ICNOPT�E e APl J / / NOEWAL%B.CIIRG9IHDFR/.aT3 l°ML ATCOREAR S41EARTF>Fop OFTM Fn4,RFR':i. N11•R/j F/. VICINITY MAP �~ '�/py • , w / ,0 �,y °I D'E � I SCALE HTS •�'eT / / / 4'R'pG�'i, anMC Isrnumm , �m i CnOeeDUROTIPROVInCE.RNA FLWMN ,EROF `� AKI IFY'. sAp MraRA sEcnONIs.TOWwsxmeNOwm.RNAc`EFeswEsiairyEs�onNPRwc�iLLERaAN,cmoF \ \ .� / // FC7COW".CDWIYOFURNER,s ATEOFCOLORADO _ _ ' / f12 111 tla FIN/a[a OPOr9'&P�i LN,fSy[ K" w as \\ Tm UAR RYIINO lm m, _ PROWNC t IeDwum y • ♦ THIRD RUNG roexAU) ( UTURE DEVELOPMENT) .. yd4 ,� / ,/ ♦ w zs a w lao gg DRv ' .' 0A LPC° a/A KRa g q4 SCALE 50' °au AN.°PrzY w w�iL n)EIVOR / \ � ` \ 9aS ^ — — _ wsr� ♦. - . � / ` '. 1 — / ♦ \\ No. ReMYon/WN Dale Ile ow' RAN / / / 1' wI. / I V `F RN v . 'Id .<e . .xuR AA mawA i ,RU",YTI D� 1 \ •t " + • rmmart I 1 ll m ♦♦`\ \♦ 6 a NFort Collins N.n.i D,mX '11 '� RaNa ,, o ; \♦ \ \ \ c sm Ru \ ♦ \ MPFIfry 11[1ti ♦ \ / ; 111 ♦ ♦ \ \ ♦ rm iXmww ousE n vuur x � } ♦ gY\^.N\ ♦♦ F.o}c, Yev •ro ws.v "PROPOSED 11 ,�/ , nqN a '' /';• IS� WATERS WAY PARK T EASEMENT 1I� FFORr COWNS•N CO 80525 mmm mw JJJWAY r \ /? WE FUN PROPOSED EASEMENT PELICAN MARSH • ,z N. F� caa¢rz NATURAL AREA \` �y \ x \ OUTLOTA \ \\ R'M•IL fNl �+T �� 11 3'N9� I'• PROWHCETYrvIme LLD ROBERT �r +�.�1" -.,, t.. . kd . C� fiy ` \ `MN,ROF "� NO 02/10/10 S — " BEN S ON " t./✓ 1�• Y ,. 1 . . L r , °m° . \t \ \ QK M DA *^ _ �f• y` • SYENTU]AC 5 Sly Y \ aFtll[ 1dJ G4 MILG M F%UVAS '• �r .1 ♦ • . ) 11' l [ FEFM mmmlOalmLRUDDXO RESERVOIR "�" �°� mad" i bit PROPOSED WETLAND AREA PAGE 3 OF 3 ORDINANCE NO. 056, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF NON-EXCLUSIVE DRAINAGE EASEMENT ON CITY PROPERTY TO PROVINCETOWNE, LLC WHEREAS, the City is the owner of two parcels of real property located in Fort Collins, Colorado, identified in County records as parcel number 96134-29-909, to be known as Water's Way Neighborhood Park(the"Park Property")and 96134-00-929,known as Pelican Marsh Natural Area(the "Natural Area Property"); and WHEREAS, in 2006, the City granted a permanent drainage easement across the Park Property (the "Conveyed Easement") to KB Home Colorado, Incorporated for the benefit of it's development, Provincetowne P.U.D. Filing Three (the "Development"); and WHEREAS, the City is ready to develop the Park Property and would like to realign the Conveyed Easement Area to facilitate the planned improvements; and WHEREAS, City staff has proposed a new drainage easement which will cross the Park Property, as well as, the Natural Area Property, as described on Exhibit "A", attached and incorporated herein (the "New Easement Area"); and WHEREAS,the alignment of the New Easement Area will require that a new easement(the "New Easement") be granted to the owner of the Development which is now Provincetowne, LLC (the "Developer") ; and WHEREAS,the City will vacate the Conveyed Easement since it will no longer be needed by the Developer; and WHEREAS, the City was compensated $10,475 in 2006 for the Conveyed Easement; and WHEREAS, the City will not seek additional compensation since the City's development of the Park Property caused the need for the New Easement; and WHEREAS,City staff has identified no negative impacts to the City resulting from the grant of the New Easement or vacation of the Conveyed Easement; and WHEREAS,Section 23-111(a)of the City Code provides that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the Council first finds, by ordinance,that such sale or other disposition is in the best interest of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the New Easement on the City Property to Provincetowne, LLC as provided herein is in the best interest of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the New Easement to Provincetowne, LLC on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney,determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal descriptions of the easements,as long as such changes do not materially increase the size or change the character of the easements. Introduced,considered favorably on first reading,and ordered published this 4th day of May, A.D. 2010, and to be presented for final passage on the 18th day of May, A.D. 2010. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 18th day of May, A.D. 2010. Mayor ATTEST: City Clerk EXHIBIT A DESCRIPTION OF AN OFFSITE DRAINAGE EASEMENT LOCATED ON THE CITY OF FORT COLLINS PROPERTY TO BE DEDICATED TO PROVINCETOWNE WEST, LLC An Offsite Drainage Easement located in the southeast quarter of Section 13 Township 6 North Range 69 West of the Sixth Principal Meridian, City Of Fort Collins, Larimer County, Colorado, a portion of the said easement is also located in Outlot I of the Plat of Provincetowne P.U. D. Filing No. 2, a plat of record with the Clerk and Recorder of the said Larimer County, a portion of ,the said easement is also located in that certain Tract of Land as described in a Decree Quieting Title recorded February 12, 1996 at Reception No. 96010201 records of the said Clerk and Recorder, being more particularly described as follows; Considering the east line of the southeast quarter of the said Section 13 as bearing North 00 degrees 10 minutes 59 seconds East between a 3.25" Aluminum Cap Monument at the southeast corner and a 3.25" Aluminum Cap Monument at the east quarter corner of Section 13, based upon G.P. S . observations and the City of Fort Collins coordinate system, and with all bearings contained herein relative thereto; Commencing at the southwest most corner of the said Outlot I of the Plat of Provincetowne P.U. D. Filing No. 2 the southwest most corner is also the TRUE POINT OF BEGINNING of this description; THENCE along the northwesterly line of the said Outlot I, North 40 degrees 13 minutes 34 seconds East for a distance of 145.43 feet to the southerly line of the additional Road Right of Way as declared in City of Fort Collins Ordinance No 169, 2006; THENCE along the said southerly line, along a non-tangent curve to the left having a radius of 78. 00 feet a central angle of 53 degrees 24 minutes 17 seconds and an arc length of 72. 70 feet, being subtended by a chord of North 66 degrees 55 minutes 43 seconds East for a distance of 70. 10 feet; THENCE continuing along the said additional Right of Way, and its northeasterly extension and along the southeasterly Right of Way of Bellewood Court as dedicated on the said Plat of Provincetowne P.U. D. Filing No. 2, North 40 degrees 13 minutes 34 seconds East for a distance of 307. 50 feet; THENCE leaving the said southeasterly Right of Way, South 49 . degrees 46 minutes 26 seconds East for a distance of 53. 86 feet; THENCE South 37 degrees 52 minutes 17 seconds West for a distance of 441. 60 feet; THENCE along a non-tangent curve to the right having a radius of 155. 00 feet a central angle of 34 degrees 43 minutes 49 seconds and an arc length of 93. 95 feet, being subtended by a chord of South 25 degrees 56 minutes 27 seconds East for a distance of 92. 52 feet; Page 1 of 2 THENCE South 08 degrees 34 minutes 32 seconds East for a distance of 168 . 83 feet; THENCE along a curve to the left having a radius of 85. 00 feet a central angle of 44 degrees 22 minutes 26 seconds and an arc length of 65. 83 feet, being subtended by a chord of South 30 degrees 45 minutes 45 seconds East for a distance of 64 .20 feet; THENCE South 52 degrees 56 minutes 58 seconds East for a distance of 163.08 feet; THENCE South 82 degrees 15 minutes 31 seconds East for a distance of 32 . 92 feet to the southwesterly line of Outlot A of the Plat of Provincetowne Filing Three, a plat of record with the said Clerk and Recorder; THENCE along the said southwesterly line,- along a non-tangent curve to the right having a radius of 450.00 feet a central angle of 09 degrees 02 minutes 23 seconds and an arc length of 71. 00 feet, being subtended by a chord of South 05 degrees 17 minutes 00 seconds East for a distance of 70. 92 feet; THENCE leaving the said southwesterly line, non-tangent from the previous curve, North 82 degrees 15 minutes 31 seconds West for a distance of 68 . 81 feet; THENCE North 52 degrees 56 minutes 58 seconds West for a distance of 179. 54 feet; THENCE along a curve to the right having a radius of 155. 00 feet central angle of 44 degrees 22 minutes 26 seconds and an arc length of 120.04 feet, being subtended by a chord of North 30 degrees 45 minutes 45 seconds West for a distance of 117. 07 feet; THENCE North 08 degrees 34 minutes 32 seconds West for a distance of 168. 83 feet; THENCE along a curve to the left having a radius of 85. 00 feet a central angle of 53 degrees 48 minutes 32 seconds and an arc length of 79. 83 feet, being subtended by a chord of North 35 degrees 28 minutes 48 seconds West for a distance of 76. 93 feet; THENCE North 62 degrees 23 minutes 04 seconds West for a distance of 69 . 15 feet to the southwesterly extension of the said northwesterly line of Outlot I; • THENCE along the said extended line, North 40 degrees 13 minutes 34 seconds East for a distance of 11 . 84 feet to the point of beginning. Containing 77, 124 square feet (1. 771 acres) more or less. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 4p��UCE!CHr►ltyjr�i P.O. BOX 580 FORT COLLINS, CO 80522 � ...... j �...• „ - .`H.ait,• Page 2 of 2 '��ii0 .rr. .....t;,a (;:... LOCATION SKETCH CITY TO PROVINCETOWNE WEST, LLC Q� GOJ �Cjjy OJT ." 0!/71'OT/ U PROl9rYCETOlYNE PUD �`V POB 17l/NO NO. ? Q J2 �OIV NTS SEPTEMBER 10, 2009 G '^ o' t REOEP770N NO. \4 96'010201 �,�.• OUTIOT A <s 10'P0w1Vrz7Uff'NE 17L/NO 17YWZ- �9• a Course Bearing Distance Ll N 40'13'34' E 145.43' io L2 N 400131340 E 307.50' L3 S 49.461260 E 53.86' L4 S 37'52'17' W 441.60' OFF SITE DRAINAGE L5 S 08134132' E 168.83' EASEMENT L6 S 52456158' E 163.08' L7 S 82113131' E 32.92' 77,124 SQ.FT, L8 N 82015131' W 69.81, 1-9 N 52656158' W 179.54' 1-10 N 08034132' W 168.83' Lll N 62.23'04' W 69.15' L12 N'40.13'34' E 11.84' Curve Radius Length Delta Cl. 78.00' 72.70' 53.24'17' C2 155.00' 93.95' 34.43'49' THIS SKETCH AND THE AREAS C3 85.00' 65.83' 44.22'26' SHOWN DEPICT THE ATTACHED C4 450.00' 71,00' 9'02'23' PROPERTY DESCRIPTION ONLY, C5 155,00' 120.04' 44.22'26' AND 00 NOT REPRESENT A C6 85.00, 79,83' 53.48'32' MONUMENTED BOUNDARY SURVEY. K\SURV\PROJ\P&R\PROV\.DWG