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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/15/2002 - FIRST READING OF ORDINANCE NO. 153, 2002, AUTHORIZ i AGENDA ITEM SUMMARY ITEM NUMBER: 17 October 15, 2002 FORT COLLINS CITY COUNCIL DATE:STAFF: Steve Seefield Ron Mills ( SUBJECT: First Reading of Ordinance No. t53, 2002, Authorizing the Disposition of Certain Interests in Real Property in Connection with the Community Horticulture Center Project. i RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: Because the public utility easements are required for the City's benefit as part of the City's planning process, and because they are not being granted to a specific individual utility, no compensation is being charged for them. The rights to be granted to CSURF are in exchange for easements on CSURF property to the City for the Horticulture Center. EXECUTIVE SUMMARY: Late last year,during the preliminary planning phase of the Community Horticulture Center(CHC) Project, Council authorized the conveyance of two non-exclusive easements for the relocation of the Sherwood Lateral and an emergency access easement for Poudre Fire Authority. As the Project has progressed through the planning process, needs have been identified for additional alignments and easements. Their locations are highlighted on the attached plat. Minor changes will be made to the plat title language between first and second reading of the Ordinance. The two utility easements shown on the plat adjacent to Centre Avenue and Rolland Moore Drive # are public utility easements that are available for use,consistent with City policies and practices, by City utilities and non-City utilities. Colorado State University Research Foundation("CSURF")has agreed to grant certain easements on adjacent property owned by CSURF for the benefit of the CHC Project, in exchange for the identification of two storm drainage alignments on the CHC property for use in connection with the future development of CSURF's adjacent property on the plat and in a related agreement. If Council authorizes the conveyance of these public utility easements and the storm drainage alignments for the future benefit of the CSURF property,the CHC Plat can be signed and the Project can go out to bid. The anticipated construction start date for the Project is expected to be this winter. ORDINANCE NO. 153, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE DISPOSITION OF CERTAIN INTERESTS IN REAL PROPERTY IN CONNECTION WITH THE COMMUNITY HORTICULTURE CENTER PROJECT WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property located on the northwest corner of Centre Avenue and the to-be-built Rolland Moore Drive in Fort Collins, which property is the site of the proposed Community Horticulture Center (the "CHC Property"); and WHEREAS, in order to finalize the plat of the Community Horticulture Center project on the CHC Property, known as the Centre for Advanced Technology 22nd Filing, Community Horticulture Center (the "Plat"), staff has determined that certain public utility easements will be required to provide for location of public utilities adjacent to the rights-of-way for Centre Avenue and Rolland Moore Drive(the"Utility Easements"),in the locations shown on Exhibit"A",attached hereto and incorporated herein by this reference; and WHEREAS, because the Utility Easements authorized herein are for the benefit of the City in connection with its Community Horticulture Center Project, staff recommends approval of the Utility Easements; and WHEREAS,Colorado State University Research Foundation("CSURF")has agreed to grant certain easements on adjacent property owned by CSURF for the benefit of the Community Horticulture Center Project,in exchange for the dedication of two storm drainage alignments on the CHC Property for use in connection with the future development of CSURF's adjacent property(the "Storm Drainage Alignments") as highlighted and shown on Exhibit "A"; and WHEREAS, Section 23-11 1 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 dedication of two non-exclusive Utility Easements for use as appropriate by public utilities consistent with general City policies and practices,and of two non-exclusive storm drainage alignments for use in connection with the future development of CSURF's adjacent property, is in the best interest of the City of Fort Collins. Section 2. That the City Manager is hereby authorized to include in the plat for the Horticulture Center project the dedication of the Utility Easements for appropriate use by public utilities. Section 3. That the City Manager is hereby authorized to include in the plat for the Horticulture Center project the identification of the Storm Drainage Alignments for use in connection with the development of the adjacent CSURF property, and to execute and record such additional documents as may be required to establish an interest for the benefit of CSURF's property in the use of the Storm Drainage Alignments for developed and historic flows, as the same are currently projected by the City. Introduced, considered favorably on first reading, and ordered published this 15th day of October, A.D. 2002,and to be presented for final passage on the 5th day of November, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of November, A.D. 2002. 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