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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/07/2010 - SECOND READING OF ORDINANCE NO. 092, 2010, AUTHORI DATE: September 7, 2010 STAFF: Lindsay Kuntz _ Glenn Schlueter Second Reading of Ordinance No. 092, 2010, Authorizing the Conveyance of a Portion of City Property in Exchange for a Parcel of Land Along the Spring Canyon Ditch Outlet Pipe. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on August 17,2010,authorizes a land exchange between the City of Fort Collins and McCreek, LLC,who is the owner and developer of McClelland's Creek PD& PLD, 5th Filing. McCreek, LLC is the owner and developer of Outlot D, McClelland's Creek PD & PLD, 5th Filing (the"Development Property"). The City Stormwater Department owns a tract of land just east of the Development Property. In 2009,City staff coordinated with the developer to install a pipe in the area of the Spring Canyon Ditch due to recurring overflow and seepage issues. The pipe installation required the construction of a berm. The City would prefer to own and manage the entire berm area. The City and developer have agreed to exchange property so that the new property boundaries follow the edge of the berm. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary-August 17, 2010 (w/o attachments) ATTACHMENT 1 DATE: August 17, 2010 STAFF: Lindsay Kuntz AGENDA ITEM SUMMARY Glen Schlueter FORT COLLINS CITY COUNCIL First Reading of Ordinance No. 092, 2010, Authorizing the Conveyance of a Portion of City Property in Exchange for a Parcel of Land Along the Spring Canyon Ditch Outlet Pipe. EXECUTIVE SUMMARY r-- �, 7N /7 pr This Ordinance authorizes a land exchange between the City ofiF_ort-Colli\ns and McCreek, LLC,who is the owner and developer of McClelland's Creek PDJ& PLD75th Filing.�McCreek, LLCI is the owner and developer of Outlot D, McClelland's Creek PD&PLD,5th Filing(the"`Dev`elopment Property"). The City Stormwater Department owns a tract of land just east of the Development Property(the"City Property"). In 2009, City staff coordinated with the developer to install a pipe in the area of the Spring Canyon Ditch due to recurring overflow and seepage issues. The pipe installation required the construction of a berm. The City would prefer to own and manage the entire berm area. The City and developer have agreed to exchange property so that the new property boundaries follow the edge of the berm. BACKGROUND / DISCUSSION The low flow channel of McClelland's Creek,flow� rca oss th Q-6—vvelopment,Property and the City Property into the Spring Canyon Ditch. The ditch runs/onthe south side and parallel to the�creek. The City and the developer recently coordinated to install a pipe to replace the open ditch to add Tess-overflow and seepage issues, which resulted in a berm. The City would prefer to own and,manage the entire be im to insure that the area is maintained in a fashion that is acceptable to the City Stormwater Department.=Therefore, the City and developer have agreed to exchange property so the new property boundaries follow the edge of the berm and are clearly defined in the field. The exchange would involve the conveyance of 1,635 square feet of property from the City to McCreek, LLC and the conveyance of 9,315 square feet of property from McCreek, LLC to the City. FINANCIAL / ECONOMIC IMPACTS There will not be any monetary exchange with this Iconv`eyance. McCreek, LLC facilitated the construction of the pipe improvements by covering the expenses related,,to the pipe-construction.�Given that the City already owns the adjacent property,ongoing management costs associatedwith the acquired lAd is expected to be fairly low. The site will require weed control only as the berm is�a�natural feeatturlef and-will be +managed as an open space area. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ATTACHMENTS 1. Location map ORDINANCE NO. 092, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY PROPERTY IN EXCHANGE FOR A PARCEL OF LAND ALONG THE SPRING CANYON DITCH OUTLET PIPE WHEREAS, the City is the owner of Outlot D, McClelland's Creek, 2nd Filing (the "City Property"), which property is part of the City's stormwater system; and WHEREAS, McCreek, LLC (the "Developer") is the owner and developer of Outlot D, McClelland's Creek, 5th Filing (the "McCreek Property"); and WHEREAS,the Spring Creek Ditch lies across the City Property and the McCreek Property; and WHEREAS, the City recently coordinated with the Developer to construct a pipe over the Spring Creek Ditch (the "Outlet Pipe") to control flows and address overflow and seepage issues; and WHEREAS, construction of the Outlet Pipe resulted in the creation of a berm on the City Property and McCreek Property; and WHEREAS,the City would prefer to own and manage the entire berm area in order to ensure that it is maintained in a manner acceptable to the City; and WHEREAS, the City and the Developer have agreed to exchange strips of property, as described and shown on Exhibit"A", attached and incorporated herein by this reference(the"Land Exchange"), so that the boundary lines between the City Property and the McCreek Property follow the edge of the berm and the Outlet Pipe will be located entirely on the City Property; and WHEREAS, the City need not be compensated for the Land Exchange because the Developer has contributed to the costs of constructing the Outlet Pipe and the City is acquiring more land from the Developer than it is conveying to the Developer; and WHEREAS,City staff has identified no negative impacts to the City resulting from the Land Exchange; 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 City Council first finds,by ordinance, that such sale or other disposition is-in the best interests of the City; and WHEREAS, Section 23-111(b) of the City Code requires that, with respect to real property that is a part of the City's water or utility systems,the City Council also find that the disposition will not materially impair the viability of the particular utility system as a whole and that it will be for the benefit of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the conveyance of the City Property as part of the above-described Land Exchange will not impair the viability of the City's stormwater system, will be for the benefit of the City's citizens and is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to carry out the conveyance of the City Property to McCreek, LLC on terms 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 property conveyed by or to the City, as long as such changes do not materially increase the size or change the character of the City Property conveyed. Introduced, considered favorably on first reading, and ordered published this 17th day of August, A.D. 2010, and to be presented for final passage on the day of September, 2010. ' �",ee ATTEST: May City Clerk Passed and adopted on final reading on the 7th day of September, A.D. 2010. Mayor ATTEST: City Clerk