HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/06/2007 - ITEMS RELATING TO REAL PROPERTY CONVEYANCES FOR TH ITEM NUMBER: 13 A-C
AGENDA ITEM SUMMARY DATE: November6, 2007
FORT COLLINS CITY COUNCIL STAFF: Helen Matson
Craig Foreman
SUBJECT
Items Relating to Real Property Conveyances for the Benefit of the Willow Street Loft Project.
RECOMMENDATION
Staff recommends the adoption of the Ordinances on First Reading.
FINANCIAL IMPACT
All installation and maintenance costs associated with the various easements will be paid for by
Lagunitas Giddings, Inc.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 132, 2007, Authorizing the Conveyance of Certain Real
Property at the Northside Aztlan Community Center to Lagunitas Giddings, Inc.
B. First Reading of Ordinance No. 133, 2007, Authorizing the Conveyance of a Sidewalk
Easement, Landscape Easement, Drainage Easement and a Temporary Construction
Easement at the Northside Aztlan Community Center to Lagunitas Giddings, Inc.
C. First Reading of Ordinance No. 134, 2007, Authorizing the Conveyance of a Utility
Easement at the Northside Aztlan Community Center to Comcast of California/Colorado
LLC and to Qwest Corporation.
Lagunitas Giddings, Inc. ("LGP') has been in the planning process for some time for the Willow
Street Loft Project("WSLP"). In order for LGI to design the project to the design of its choice,LGI
needed to acquire one-half of a vacated alley on City-owned property and also needed to acquire the
above described easements. All these property interests are on City-owned property known as the
Northside Aztlan Community Center ("NACC"). Staff from Parks and Real Estate has met
numerous times with LGI to discuss the effect on the NACC property in relation to the WSLP.
When these discussions were first held, City staff asked LGI to wait on its project until the new
NACC was platted and constructed. The project is very near to completion, so staff has agreed to
present these requests to Council for its approval.
November 6, 2007 -2- Item No. 13 A-C
BACKGROUND
A. First Reading of Ordinance No.132,2007 Authorizing the Conveyance of Certain Real
Property at the Northside Aztlan Community Center to Lagunitas Giddings, Inc.
Constructing the new NACC required the vacation of an alley right-of-way. This vacation was
approved by Ordinance No. 061, 2006. While the entire alley was vacated, the same was reserved
as a utility easement and alignment. The old alley right-of-way had utilities existing within the right-
of-wa
y.. Now that the new NAC
C CC is constr
ucted,the existing utilities tilities are no longer needed and those
that are needed can be moved to an area outside of the vacated alley. The portion of the old alley
right-of-way to be conveyed to LGI is shown as "Tract A" on the plat of the NACC and contains
2,000 square feet. Once this area is conveyed to LGI, it will be its responsibility to have the
reservation for utilities vacated.
B. First Reading of Ordinance No. 133,2007 Authorizing the Conveyance of a Sidewalk
Easement, a Landscape Easement, a Drainage Easement and a Temporary
Construction Easement at the Northside Aztlan Community Center to Lagunitas
Giddings, Inc.
As part of the WSLP, LGI is required to provide a sidewalk area and a landscaped area. In order to
meet these requirements,LGI has requested that the City grant easements to LGI for these purposes.
The location of the sidewalk easement is at the northerly and westerly boundaries of the land owned
by LGI. The landscaped area abuts the easement area. The requested easement width for the
sidewalk is six feet and the total easement area is 2,496 square feet. The requested easement width
for the landscaping is four feet and contains 1,704 square feet. In order to construct improvements
within the six foot sidewalk easement and the four foot landscape easement,LGI has requested that
the City convey a thirty-foot temporary construction easement to LGI. This easement includes the
area in both easements and twenty feet beyond on the northerly and westerly sides of the WSLP. The
total square footage of this temporary easement is 13,200 square feet.
LGI is also required to acquire an easement to handle its developed storm water flows. Therefore,
LGI has also requested a twenty-foot easement for drainage on the NACC property. This easement
is a surface easement and will allow developed surface flows from the proposed WSLP to drain
across the parking lot of the NACC to the drainage swale on the NACC property and eventually flow
to the Poudre River. Stormwater has determined that the developed flows from the proposed
development will not impact the flows from the NACC into the drainage swale.
As a condition of granting these easements, LGI has committed to pay all costs for installation and
all future maintenance, repair and reinstallation of all improvements to the sidewalk area and the
landscape area. The improvements to the landscaped area will include grass,trees and an irrigation
system. The City will retain a right of public access on and across the easement areas. LGI will be
responsible for restoring the area within the temporary construction easement to a condition
comparable as when the work begins.
November 6, 2007 -3- Item No. 13 A-C
C. First Reading of Ordinance No. 134, 2007 Authorizing the Conveyance of a Utility
Easement at the Northside Aztlan Community Center to Comeast of
California/Colorado LLC and to Qwest Corporation.
The utilities that are currently in the vacated alley that are still needed are for phone and cable
services. LGI has requested that the City convey to Comcast and to Qwest a four foot utility
easement. The total easement area is 840 square feet. This easement area is within the area of the
Landscape Easement and is also covered by the temporary construction area. LGI will pay all costs
for these companies to move their lines into this new area. LGI has also received their permission
to place these easements in the Landscape Easement area.
During discussions with LGI, City staff recognized the mutual benefit of the developer revitalizing
this area along Willow Street and constructing the various improvements including a sidewalk,
irrigation system, and landscaped area including trees and grass, as well as the on-going perpetual
repair, replacement and maintenance of these improvements. Therefore, staff is not asking for
additional compensation for the requested conveyances.
ATTACHMENTS
1. Location Map.
Northside Aztlan Center/
Willow Street Lofts Project
Location Map
w
a
W /W
J
J
O
U
Z
NORTHSIDE
AZTLAN
CENTER
El
Proposed Project Location N
Proposed Easements Location n
ORDINANCE NO. 132, 2007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF CERTAIN REAL
PROPERTY AT THE NORTHSIDE AZTLAN COMMUNITY CENTER
TO LAGUNITAS GIDDINGS, INC.
WHEREAS, the City of Fort Collins ("City") is the owner of real property known as the
Northside Aztlan Community Center, located at 112 Willow Street ("NACU"); and
WHEREAS, in order to construct a new facility on the NACC property, the City vacated
an alley right-of-way established on the 1873 Map of the Town of Fort Collins, pursuant to
Ordinance No. 061, 2006; and
WHEREAS, pursuant to state law, the ownership of the vacated alley right-of-way was
divided equally between the adjacent property owners: the City and Lagunitas Giddings, Inc.
("LGI"); and
WHEREAS, the portion of the vacated alley owned by the City is legally described on
the plat of the NACC as Tract "A" Northside Aztlan Community Center, City of Fort Collins,
Colorado (the"Property"), and contains approximately 2,000 square feet; and
WHEREAS, LGI is planning a project known as Willow Street Lofts ("WSL") and
wishes to acquire the Property to be used for their project; and
WHEREAS, the WSL project will benefit the City by redeveloping and revitalizing a
former industrial area adjacent to the NACC; and
WHEREAS, staff has reviewed this request, determined that the conveyance of the
Property will benefit the City and will not have any adverse effects on the NACC, and is
therefore recommending that LGI not be charged for the Property; and
WHEREAS, Section 23-111(a) of the City Code provides that the City Council is
authorized to sell, convey or otherwise dispose of 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 Property to LGI on terms and conditions
consistent with this Ordinance is in the best interests of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute such documents of
conveyance as are necessary to convey the Property to LGI upon 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 to be necessary and appropriate to protect the
interests of the City, including any necessary changes to the legal description of the Property, as
long as such changes do not materially increase the size or change the character of the Property.
Introduced, considered favorably on first reading, and ordered published this 6th day of
November, A.D. 2007, and to be presented for final passage on the 20th day of November, A.D.
2007.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 20th day of November, A.D. 2007.
Mayor
ATTEST:
City Clerk
ORDINANCE NO. 133, 2007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A SIDEWALK EASEMENT,
LANDSCAPE EASEMENT, DRAINAGE EASEMENT AND A TEMPORARY
CONSTRUCTION EASEMENT AT THE NORTHSIDE AZTLAN
COMMUNITY CENTER TO LAGUNITAS GIDDINGS, INC.
WHEREAS, the City of Fort Collins ("City") is the owner of real property known as the
Northside Aztlan Community Center, located at 112 Willow Street ("NACC"); and
WHEREAS, Lagunitas Giddings, Inc. ("LGI") is planning a project known as Willow
Street Lofts ("WSL") on property adjacent to the NACC; and
WHEREAS, in order to construct the WSL to LGI's preferred design and still be in
compliance with the City's Land Use Code, LGI must construct certain sidewalk, landscaping
and drainage improvements; and
WHEREAS, there is not sufficient room on the WSL property to construct such
improvements, and LGI is, therefore, seeking easements from the City to construct the
improvements on adjacent City property that is part of the NACC; and
WHEREAS, LGI wishes to acquire from the City a Sidewalk Easement containing 2,496
square feet as described on Exhibit "A", attached hereto and incorporated herein by this
reference; and
WHEREAS, LGI wishes to acquire from the City a Landscape Easement containing
1,704 square feet as described on Exhibit `B", attached hereto and incorporated herein by this
reference; and
WHEREAS, LGI wishes to acquire from the City a Drainage Easement to carry their
developed stormwater flows to a drainage swale located on NACC property; and
WHEREAS, the requested Drainage Easement contains 3,460 square feet and is
described on Exhibit"C", attached hereto and incorporated herein by this reference; and
WHEREAS, LGI wishes to acquire from the City a Temporary Construction Easement
containing 13,200 square feet as described on Exhibit "D", attached hereto and incorporated
herein by this reference; and
WHEREAS, LGI has agreed to pay all costs for installation, maintenance and all future
reinstallation of improvements within the easement areas and, upon completion of the
improvements, LGI will also be responsible for restoring the Temporary Construction Easement
area to a condition comparable to the condition it was in prior to the work; and
WHEREAS, the City will retain a right of public access on and across the easement
areas; and
WHEREAS, staff has determined that the conveyance of the easements will not have any
adverse effects on the NACC and that LGI's agreement to install and maintain sidewalk and
landscaping improvements on the NACC property will provide a benefit to the City; and
WHEREAS, staff is therefore recommending that the City not charge LGI for the
easements; and
WHEREAS, Section 23-111(a) of the City Code provides that the City Council is
authorized to sell, convey or otherwise dispose of 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 to LGI of the Sidewalk Easement, Landscape
Easement, Drainage Easement and Temporary Construction Easement over, under and across the
NACC property on terms and conditions consistent with this Ordinance is in the best interests of
the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute such documents of
conveyance as are necessary to convey the sidewalk Easement, Landscape Easement, Drainage
Easement and Temporary Construction Easement to LGI upon terns and conditions consistent
with this Ordinance, together with such additional terms and conditions as the City Manager, in
consultation with the City Attorney, determines to be necessary and appropriate to protect the
interests of the City, including any necessary changes to the legal description 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 6th day of
November A.D. 2007 and to be present
ed ed for final passage on the 20th day of November, A.D.
2007.
Mayor
ATTEST:
City Clerk
-2-
Passed and adopted on final reading on the 20th day of November, A.D. 2007.
Mayor
ATTEST:
City Clerk
-3-
EXHIBIT
PROPERTY DESCRIPTION: SIDEWALK EASEMENT
A 6 foot wide strip of land located in the Northwest Quarter of Section 12, Township 7
North, Range 69 West of the 6"' P.M., City of Fort Collins, County of Larimer, State of
Colorado, being more particularly described as follows, to wit:
Considering the northeasterly line of Tract A, Northside Aztlan Community Center, as
bearing North 48050'00"West as shown on the recorded plat of said Northside Aztlan
Community Center found at Reception Number 20060083144 in the Office of the Clerk
and Recorder of Larimer County and with all bearings contained herein relative thereto;
Beginning at the easternmost corner of said Tract A; thence along said northeasterly
line, North 48°50'00"West 200.00 feet to the northernmost corner of said Tract A;
thence along the northwesterly line of said Tract A and the southeasterly line of Lot 1,
Northside Aztlan Community Center, South 41*10'00"West 210.00 feet to the
southernmost comer of said Lot 1; thence along the southwesterly line of said Lot 1,
North 48°50'00'West 6.00 feet; thence North 41010'00" East 216.00 feet; thence
South 4B°50'00" East 206.00 feet to the southeasterly line of Lot 3, Northside Aztlan
Community Center; thence along said southeasterly line, South 41°10'00" West 6.00
feet to the Point of Beginning and containing 2,496 square feet, more or less.
SURVEYORS STATEMENT:
I, Alex Randall Perkins,a duly licensed Professional Land Surveyor in the State of Colorado,
hereby state that this real property description was prepared for Lagunitas Companies from
information found on the recorded plat of NORTHSIDE AZTLAN COMMUNITY CENTER,
additional information provided by the client and the City of Fort Collins, and that it is not to be
construed as representing a monumented land survey.
R
Alex ondall $4 olora TT. No. 34176
34176".
`:L LANO
EXHIBIT "B"
PROPERTY DESCRIPTION: LANDSCAPE EASEMENT
A 4 foot wide strip of land located in the Northwest Quarter of Section 12, Township 7
North, Range 69 West of the 60' P.M., City of Fort Collins, County of Larimer, State of
Colorado, being more particularly described as follows, to wit:
Considering the northeasterly line of Tract A, Northside Aztlan Community Center, as
bearing North 48"50'00" West as shown on the recorded plat of said Northside Aztlan
Community Center found at Reception Number 20060083144 in the Office of the Clerk
and Recorder of Larimer County and with all bearings contained herein relative thereto;
Commencing at the easternmost corner of said Tract A; thence along the southeasterly
line of Lot 3, Northside Aztlan Community Center, North 41010'00" East, 6.00 feet to
the Point of Beginning; thence North 48°50'00"West, 206.00 feet; thence South
41'10'00"West, 216.00 feet to the southwesterly line of Lot 1, Northside Aztlan
Community Center; thence along said southwesterly line, North 48°50'00"West,4.00
feet;thence North 41'10'00" East, 220.00 feet; thence South 48050'00" East, 210.00
feet to said southeasterly line of Lot 3; thence along said southeasterly line, South
41"10'00" West, 4.00 feet to the Point of Beginning and containing 1,704 square feet,
more or less.
SURVEYORS STATEMENT:
I,Alex Rondall Perkins, a duly licensed Professional Land Surveyor in the State of Colorado,
hereby state that this real property description was prepared for Lagunitas Companies from
information found on the recorded plat of NORTHSIDE AZTLAN COMMUNITY CENTER,
additional information provided by the client and the City of Fort Collins, and that it is not to be
construed as representing a monumented land survey.
R
Alex Ron#lWetlrs 6J0.% L.S. No. 34176
w 34176 Q
*J'l'gL LAN��
EXHIBIT "C"
PROPERTY DESCRIPTION: DRAINAGE EASEMENT
A 20 foot wide strip of land across Lots 1 and 3, Northside Aztlan Community Center, City of Fort Collins, County
of Latimer, State of Colorado, lying 10 feet on each side of the following described centerline and northeast of
the southwesterly line of said Lot 3:
Considering the northeasterly line of Tract A, Northside Aztlan Community Center(a portion of which is
coincident with said southwesterly line of Lot 3), as bearing North 48"50'00"West as shown on the recorded plat
of said Northside Aztlan Community Center found at Reception Number 20060083144 in the Office of the Clerk
and Recorder of Larimer County and with all bearings contained herein relative thereto;
Commencing at the easternmost corner of said Tract A; thence along said northeasterly line, North 48050'00"
West, 106.25 feet to the Point of Beginning; thence North 14023'39"East, 173.00 feet to the Point of Terminus;
said strip Containing 3,460 square feet, more or less.
DRAINAGE EASEMENT
Area - 3,480 Square Feet P.O.T.
10' WIDE TELEPHONE / NJ 4.23'39"E
ONE EASEMENT/ 173.00'
UTILITY, PUBLIC ACCESS, /
DRAINAGE AND
EMERGENCY ACCESS
AOGNMENT �4� O
LOT 1 ��/ boT J
'"''�'i, oa
��� `rxe % o� ♦ P.09. 't&
97 �� ,yqO' J O• \
EASTERNMOST ODIUM
OP TBACr A
���T �,��• Y� aid
�4C-
(NOT TO SCALE)
SURVEYORS STATEMENT:
I, Alex Rondall Perkins, a duly licensed Professional Land Surveyor in the State of Colorado, hereby
state that this real property description was prepared for Lagunitas Companies from information found
on the recorded plat of NORTHSIDE AZTLAN COMMUNITY CENTER, additional information provided
by the client and the City of Fo that it is not to be construed as representing a
monumented land survey. O�pO REQjS,Tr.
c� 34a
Alex Rondall Perkins Col {0•P,L.S. J>th 6
,' 11 LANO�
EXHIBIT "D"
PROPERTY DESCRIPTION: TEMPORARY CONSTRUCTION EASEMENT
A 30 foot wide strip of land located in the Northwest Quarter of Section 12, Township 7
North, Range 69 West of the 61' P.M., City of Fort Collins, County of Larimer, State of
Colorado, being more particularly described as follows, to wit;
Considering the northeasterly line of Tract A, Northside Aztlan Community Center, as
bearing North 48050'00" West as shown on the recorded plat of said Northside Aztlan
Community Center found at Reception Number 20060083144 in the Office of the Clerk
and Recorder of Larimer County and with all bearings contained herein relative thereto;
Beginning at the easternmost corner of said Tract A; thence along said northeasterly
line, North 48°50'00"West, 200.00 feet to the northernmost comer of said Tract A;
thence along the northwesterly line of said Tract A and the southeasterly line of Lot 1,
Northside Aztlan Community Center, South 41°10'00"West, 210.00 feet to the
southernmost corner of said Lot 1; thence along the southwesterly line of said Lot 1,
North 48050'00"West, 30.00 feet; thence North 41 010'00" East 240.00 feet; thence
South 48650'00" East, 230.00 feet to the southeasterly line of Lot 3, Northside Aztlan
Community Center; thence along said southeasterly line, South 41*10'00"West, 30.00
feet to the Point of Beginning and containing 13,200 square feet, more or less.
SURVEYORS STATEMENT:
1,Alex Rondall Perkins, a duly licensed Professional Land Surveyor in the State of Colorado,
hereby state that this real property description was prepared for Lagunitas Companies from
information found on the recorded plat of NORTHSIDE AZTLAN COMMUNITY CENTER,
additional information provided by the client and the City of Fort Collins, and that it is not to be
construed as representing a monumented land survey.
FFFFF
GiSr
Alex Ro ins 'Lo L.S. No. 34176
34176 "
• J
�,•1L LANO
ORDINANCE NO. 134, 2007
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A UTILITY EASEMENT
AT THE NORTHSIDE AZTLAN COMMUNITY CENTER TO
COMCAST OF CALIFORNIA/COLORADO LLC
AND TO QWEST CORPORATION
WHEREAS, the City of Fort Collins ("City") is the owner of real property known as the
Northside Aztlan Community Center, located at 112 Willow Street("NACC"); and
WHEREAS, Lagunitas Giddings, Inc. ("LGP') is planning a project known as Willow
Street Lofts ("WSL") adjacent to the NACC; and
WHEREAS, as part of the WSL, LGI needs to remove utilities owned by Comcast of
California/Colorado LLC ("Comcast") and Qwest Corporation ("Qwest") from a vacated alley
adjacent to the WSL; and
WHEREAS, LGI has asked that the City provide a new location for those utilities by
granting a utility easement to Comcast and Qwest on and across the NACC property; and
WHEREAS, the requested utility easement would be four feet in width and would
contain 840 square feet, and is described on Exhibit"A", attached hereto and incorporated herein
by this reference; and
WHEREAS, the utility easement would be in the same area as the proposed Landscape
Easement to LGI that the Council is considering as part of Ordinance No. 133, 2007; and
WHEREAS, LGI has agreed to coordinate with Qwest and Comcast to move the utility
lines and LGI will pay all costs of the utility work; and
WHEREAS, the relocation of these utilities will assist in development of the WSL
project, which will in turn benefit the City by redeveloping and revitalizing a former industrial
area adjacent to the NACC; and
WHEREAS, based on the above information, staff has determined that the conveyance of
the Utility Easement will benefit the City and will not have any adverse effects on the NACC,
and is therefore recommending that the City not charge for the 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 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 Utility Easement over, under and across the
Property to Comcast and Qwest on terms and conditions consistent with this Ordinance is in the
best interests of the City of Fort Collins.
Section 2. That the Mayor is hereby authorized to execute such documents of
conveyance as are necessary to convey the Utility Easement to Comcast and Qwest upon 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 to be
necessary and appropriate to protect the interests of the City, including 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 6th day of
November, A.D. 2007, and to be presented for final passage on the 20th day of November, A.D.
2007.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 20th day of November, A.D. 2007.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
PROPERTY DESCRIPTION: UTILITY EASEMENT
A 4 foot wide strip of land located in the Northwest Quarter of Section 12, Township 7
North, Range 69 West of the a P.M., City of Fort Collins, County of Larimer, State of
Colorado, being more particularly described as follows, to wit:
Considering the northeasterly line of Tract A, Northside Aztlan Community Center, as
bearing North 48°50'00"West as shown on the recorded plat of said Northside Aztlan
Community Center found at Reception Number 20060083144 in the Office of the Clerk
and Recorder of Larimer County and with all bearings contained herein relative thereto;
Commencing at the easternmost corner of said Tract A;thence along the southeasterly
line of Lot 3, Northside Aztlan Community Center, North 41*10'00" East, 6.00 feet to
the Point of Beginning; thence North 48050'00"West, 210.00 feet; thence North
41°10'00" East, 4.00 feet; thence South 48°50'00" East, 210.00 feet to said
southeasterly line of Lot 3; thence along said southeasterly line, South 41"10'00"West,
4.00 feet to the Point of Beginning and containing 840 square feet, more or less.
SURVEYORS STATEMENT:
I,Alex Rondall Perkins, a duly licensed Professional Land Surveyor in the State of Colorado,
hereby state that this real property description was prepared for Lagunitas Companies from
information found on the recorded plat of NORTHSIDE AZTLAN COMMUNITY CENTER,
additional information provided by the client and the City of Fort Collins, and that it is not to be
construed as representing a monumented land survey.
P/y
Alex Ro P ins 6ySr L.S. No. 34176
WC 34176": cc
T4L LAN�y