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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/18/2010 - SECOND READING OF ORDINANCE NO. 056, 2010, AUTHORI DATE: May 18, 2010ITEM SUMMARY STAFF: Matt Day, Daylan Figgs, AGENDA_ T COLLINS CITY COUNCIL Lindsay Kuntz Second 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. This Ordinance, unanimously adopted on First Reading on May 4, 2010, authorizes 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. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- May 4, 2010 (w/o attachments) ATTACHMENT DATE: May 4, 2010 STAFF: Matt Day, Daylan Figgs _ Lindsay Kuntz First Reading of Ordinance No. 056, 2010, Authorizing Conveyance of Non-Exclusive Drainage Easement on City Property to Provincetowne, LLC. EXECUTIVE SUMMARY ,, T r, In 2006, the City of Fort Collins conveyed a permanent dfainage_easement�to KB Home Colorado on City property. This City-owned property is a future neighbdrho`od parkjfor the benefit ofl the Provincetowne P.U.D. Filing Three Development(the"Development"). The•Ci'v Fort,Gollins Park Planningland 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 anew 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 Fr"" /� An easement granted to KB Home Colorado in'2006 included 3071square feetofdrainage area across a City-owned future park site, located between Eden Ridge Court and)Bellewood Courtin the Development. The purpose of the easement was for the benefit of the bevelopmenNn accordance with the approved utility, storm drainage, and other related plans associated with the approval of the Development in 2000 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 park will 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�e ment.fo�h development,the�Gity needs to convey a new drainage easement to the owner of the Development and terminatelthelexistingleasement granted in 2006. KB Home Colorado sold the Development to Provincetowne, LLC., Sta�tip ied Provincet4owne, LLC of the proposed change to the , i drainage area. ' LI U 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 t e owner,of the Development for the new easement. U U'.(U �, J Y 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 �r � �� r� ,� 2. Land Conservation and Stewardship•Board Minutes, April 14, 2010 meeting 3. Existing Easement and Propose�emen�, t Detail r 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 ay, 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