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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/05/2011 - FIRST READING OF ORDINANCE NO. 086, 2011, AUTHORIZDATE: July 5, 2011 STAFF: Jon Haukaas Patrick Rowe AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 19 SUBJECT First Reading of Ordinance No. 086, 2011, Authorizing the Conveyance to Solitaire Homes, LLC of a Public Trail Easement on City Property. EXECUTIVE SUMMARY Solitaire Homes, LLC (the “Developer”) is planning a 27 acre (approximately) development north and west of Laporte Avenue and Taft Hill Road, opposite the Poudre School District offices. To facilitate a planned trail within the development, the Developer requests a 438 square foot public trail easement from the City across City property managed by the Water Utility. The City property is approximately 1,750 square foot. in size and is the site of a Water Utility valve vault. BACKGROUND / DISCUSSION Sanctuary West is a proposed development currently in the final stages of planning review. The development will occupy 27 acres and include 112 residential units. The development is located west of Taft Hill Road and north of Laporte Avenue, opposite the Poudre School District offices (Attachment 1). In order to satisfy a planning connectivity requirement, the development will include a public trail to connect the planned Sanctuary West Development to the existing Green Acres subdivision. The proposed alignment of the trail is located entirely on the development with the exception of a small area (438 square foot) that would cross a portion of City property managed by the Water Utility. The requested easement will allow the developer to avoid increased construction and engineering costs that would result from this portion of the trail falling within a drainage channel should the developer have to relocate the proposed trail. As such, the Sanctuary West Development is requesting a 438 square foot public trail easement from the City. The larger City property that this 438 square foot easement would encumber is approximately 1,750 square foot in size and is the location of a Water Utility valve vault. The valve vault houses gate valves and a control valve on the 27-inch water main that passes through the area. The vault is a typical size and configuration and is secured. Utilities staff has reviewed the plan for the proposed trail access easement and has identified no negative impacts to the Water Utility property as a result of the new easement. FINANCIAL / ECONOMIC IMPACTS Solitaire Homes, LLC will compensate the City of Fort Collins the fair market value of the easement (as determined by the City’s Real Estate Services Department) and a $1,000 processing/administration fee. Using the “across the fence” value methodology, Real Estate Services has calculated the fair market value of the easement to be a $500 (the easement size and adjacent land values support a value less than this amount, but $500 will be utilized as a nominal value). Although the trail will be open to the public, the trail improvements will be owned and maintained by the Sanctuary West development. ENVIRONMENTAL IMPACTS The easement area will be developed consistent with an 8-foot trail, and areas within the easement area disturbed but not improved will be restored to a like or better condition. July 5, 2011 -2- ITEM 19 STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD / COMMISSION RECOMMENDATION At its May 26, 2011 meeting, the Water Board recommended by unanimous vote that Council consider approval of the proposed trail easement requested for the Sanctuary West Development, consistent with staff’s recommendation. ATTACHMENTS 1. Location Map 2. Water Board Meeting Minutes, May 26, 2011 3. Easement Area Plan Sketch and Photo ATTACHMENT 2 Excerpt from Water Board Minutes, May 26, 2011 Easement Request for the Sanctuary West Development (Attachments available upon request). Water Engineering and Field Operations Manager Jon Haukaas introduced the topic. The development is located on the north side of Laporte Avenue, west of Taft Hill Road, and opposite the Poudre R1 School District offices. The request is for a Pedestrian Access Easement. City of Fort Collins Utilities has a small piece of property for water valves. A pedestrian trail is needed for the area. Staff has looked at it and believes alignment does not adversely impact any operations from a utility perspective. Staff recommends approval. Board discussion: Is this a permanent easement? There is a fee schedule determined by Real Estate Services plus administrative fees. Real Estate Services has selected a nominal value of $500 plus a $1,000 administrative fee. The total area is 438 square feet. The easement allows the City to build a pedestrian trail and Utilities will still have access to the valve? Yes, the easement allows the City of Fort Collins Utilities to have surface access across the top. Utilities will still have the primary rights. Vote on the motion: It passed unanimously. Chairperson Janett noted that, in a discussion with Utilities Executive Director Brian Janonis, future easements that are non-controversial in nature will be reviewed by staff prior to presentation to the Board. Board Member Brown moved that the Water Board recommend that the City Council consider approval of the proposed pedestrian access easement request for the Sanctuary West Development, consistent with staff's recommendation. Board Member Waskom seconded the motion. Sanctuary West Pedestrian Trail Exhibit VAULT LOCATION PED. TRAIL 8’ SOLDIER CREEK TRAIL EDGE OF SLOPE PLAN VIEW BRIARWOOD ROAD EXISTING CONDITIONS VIEW POINT OF EXISTING CONDITIONS APPROX. PROPERTY LINE PED. TRAIL WATER VAULT N. IMPALA DRIVE ATTACHMENT 3 ORDINANCE NO. 086, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE TO SOLITAIRE HOMES, LLC OF A PUBLIC TRAIL EASEMENT ON CITY PROPERTY WHEREAS, the City is the owner of a parcel of real property located in the area of LaPorte Avenue and Taft Hill Road in Fort Collins, Colorado, identified in County records as parcel number 97091-03-927 (the “Property”); and WHEREAS, the Property is approximately 1750 square feet in size and is managed by the Water Utility as the site of a valve vault; and WHEREAS, Solitaire Homes, LLC (the “Developer”) is planning a 27 acre development adjacent to the Property called Sanctuary West (the “Development”); and WHEREAS, as a condition of approving the Development, the City is requiring the Developer to provide a trail connecting the Development to another nearby subdivision; and WHEREAS, the Developer has requested from the City a 438 square foot public trail easement on the Property for the purpose of constructing the trail (the “Easement”); and WHEREAS, the location of the proposed Easement is described on Exhibit “A”, attached and incorporated herein by reference (the “Easement Area”); and WHEREAS, the proposed trail would be open to the public but the Developer would own and maintain the trail improvements; and WHEREAS, the Developer would pay the City $500 for the value of the Easement Area and $1,000.00 as an administrative fee to cover the costs of processing the easement request; and WHEREAS, City Utility staff has identified no negative impacts to the Property resulting from the grant of the proposed Easement; and WHEREAS, Section 23-111(a) of the City Code states 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 interests of the City; and WHEREAS, Section 23-111(b) of the City Code states that, with respect to real property which is a part of the City’s water or utility systems, the City Council must 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 conveyance of the Easement on the Property to the Developer as provided herein is in the best interests of the City, will not impair the viability of the City’s Water Utility system as a whole, and will be for the benefit of the citizens of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement to the Developer 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 description of the Easement, as long as such changes do not materially increase the size or change the character of the Easement. Introduced, considered favorably on first reading, and ordered published this 5th day of July, A.D. 2011, and to be presented for final passage on the 19th day of July, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 19th day of July, A.D. 2011. _________________________________ Mayor ATTEST: _____________________________ City Clerk Exhibit "A" Page 1 of 2 Exhibit "A" Page 2 of 2