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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/15/2012 - SECOND READING OF ORDINANCE NO. 037, 2012, AUTHORIDATE: May 15, 2012 STAFF: Helen Matson Glen Schlueter AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 8 SUBJECT Second Reading of Ordinance No. 037, 2012, Authorizing the Conveyance of a Permanent, Non-Exclusive Utility Easement on City Parks Property to Maple Hill Master Association. EXECUTIVE SUMMARY In April 2004, the City of Fort Collins Parks Department acquired Tract I, Maple Hill, located in northeast Fort Collins, near Turnberry and Country Club Road. The City purchased this tract for a future public neighborhood park as well as for access, drainage and utility easements. This Ordinance, unanimously adopted on First Reading on May 1, 2012, authorizes the conveyance of a utility easement for an eight-foot wide irrigation easement through the corner of Tract I to Maple Hill Homeowners Association. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - May 1, 2012 (w/o attachments) C O P Y C O P Y C O P Y C O P Y DATE: May 1, 2012 STAFF: Helen Matson Glen Schlueter AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 10 SUBJECT First Reading of Ordinance No. 037, 2012, Authorizing the Conveyance of a Permanent, Non-Exclusive Utility Easement on City Parks Property to Maple Hill Master Association. EXECUTIVE SUMMARY In April 2004, the City of Fort Collins Parks Department acquired Tract I, Maple Hill, located in northeast Fort Collins, near Turnberry and Country Club Road. The City purchased this tract for a future public neighborhood park as well as for access, drainage and utility easements. Maple Hill Homeowners Association has requested a utility easement for an eight-foot wide irrigation easement through the corner of Tract I. BACKGROUND / DISCUSSION Gillespie Farm Development Company developed a subdivision known as Maple Hill, a Replat of 19th Green Planned Unit Development – Phase 1. The Maple Hill Plat was approved in 2003. Gillespie Farm Development Company conveyed all the open space tracts in Maple Hill and the recreation center tract to Maple Hill Master Association, a Colorado Non-Profit Corporation (Maple Hill). Maple Hill is the Homeowner’s Association for the entire Maple Hill Subdivision. Part of Maple Hill’s responsibility is to irrigate all open space tracts as well as the recreation center lot. The City of Fort Collins Parks Department acquired Tract I, Maple Hill in April 2004. The City purchased this tract for a future public neighborhood park as well as for access, drainage and utility easements. This seven acre tract is undeveloped and consists of non-irrigated grasses. Parks estimates that this park will be developed around 2016. Until the park is developed, the tract will remain undeveloped. Maple Hill has requested a utility easement for an irrigation pipe. The width of the easement varies but is approximately eight feet wide for most of its length. This irrigation pipe will be along a curve that contains an existing 30 foot utility easement and an ELCO waterline easement. The location of this requested easement will not affect the future neighborhood park since it is planned to be adjacent to existing easements. Maple Hill plans to bore the irrigation line and not do an open dig. The easement to Maple Hill will require Maple Hill to restore areas disturbed, either at installation or for maintenance. FINANCIAL / ECONOMIC IMPACTS The consideration for this easement is $2,410 which includes the easement processing fee for Real Estate Services. Maple Hill is responsible for all costs of installation and if there are future maintenance issues that need to be corrected, Maple Hill will also be responsible to restore the site to a comparable condition when doing any repair work on the park site. ENVIRONMENTAL IMPACTS Tract I is an undeveloped tract consisting of non-irrigated grasses. Installation of the irrigation pipe will not impact the City’s Tract I. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ATTACHMENTS 1. Location Map 2. Photo of Area of Impact ORDINANCE NO. 037, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERMANENT, NON-EXCLUSIVE UTILITY EASEMENT ON CITY PARKS PROPERTY TO MAPLE HILL MASTER ASSOCIATION WHEREAS, the City owns Tract I, Maple Hill, being a Replat of 19th Green Planned Unit Development – Phase 1 (the “Property”); and WHEREAS, the Property was purchased by the City for a future neighborhood park, and for access, drainage and utility purposes; and WHEREAS, Maple Hill Master Association (“HOA”) is the Homeowner’s Association for the Maple Hill Subdivision and is responsible for irrigation of all open space tracts and the Recreation Center lot in Maple Hill; and WHEREAS, the HOA has requested a permanent, non-exclusive easement consisting of 2,472 square feet on the northeasterly portion of the Property for its underground irrigation pipe (the “Easement”); and WHEREAS, the location of the proposed Easement is shown and described on Exhibit “A”, attached hereto and incorporated herein by this reference; and WHEREAS, City staff has evaluated the potential impacts of the proposed Easement, and believes that the Easement would not interfere with the City’s intended use of the Property as a public neighborhood park; 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 by 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. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Easement as set forth herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute a deed of easement conveying the Easement on terms consistent with this Ordinance, together with such other terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City or effectuate the purposes of this Ordinance, 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 1st day of May, A.D. 2012, and to be presented for final passage on the 15th day of May, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk Passed and adopted on final reading on the 15th day of May, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ Interim City Clerk