HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/18/2003 - FIRST READING OF ORDINANCE NO. 028, 2003, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 19
DATE: February 18, 2003
FORT COLLINS CITY COUNCIL Craig Foreman/
STAFF: Deborah Myer
SUBJECT:
First Reading of Ordinance No.028,2003,Authorizing the City to Grant a Non-exclusive Drainage
Easement to Eagle Cliffs, LLC and Appropriating the Easement Compensation as Unanticipated
Revenue in Building Community Choices Capital Projects Fund - Fossil Creek Community Park
Project.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT:
The conveyance of the easement will result in a payment to the City of compensation in the amount
of$500. The payment will be recorded in the Building Community Choices Capital Projects Fund-
Fossil Creek Community Park project. Eagle Cliffs will bear all costs associated with this easement
40 for the restoration of the area following construction.
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EXECUTIVE SUMMARY:
The Eagle Cliff Development is located adjacent to the north boundary, near Lemay Avenue, of
Fossil Creek Community Park. The Park includes land on the north side of Fossil Creek that is in
the floodplain for the creek. The Eagle Cliff Development will need to extend stormwater drainage
improvements across this portion of the Park to allow storm flows to discharge into Fossil Creek.
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The planned stormwater improvements meet the applicable City requirements and will not impact
the developed Park.
ORDINANCE NO. 028, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY TO GRANT A NON-EXCLUSIVE
DRAINAGE EASEMENT TO EAGLE CLIFFS,LLC AND APPROPRIATING THE
EASEMENT COMPENSATION AS UNANTICIPATED REVENUE
IN BUILDING COMIMUNITY CHOICES CAPITAL PROJECTS FUND -
FOSSIL CREEK COMMUNITY PARK PROJECT
WHEREAS,the City of Fort Collins is the owner of the property known as the Fossil Creek
Community Park in Latimer County, Colorado (the "Park Property"); and
WHEREAS,Eagle Cliffs,LLC("Eagle Cliffs")wishes to acquire a non-exclusive easement
under and across a portion of the Park Property approximately 0.123 acre (or 5,342 square feet) in
size, as described on Exhibit "A", attached hereto and incorporated herein by this reference (the
"Easement Area") in order to construct, operate, maintain required storm drainage improvements;
and
WHEREAS,City staff has estimated that the fair market value of the requested easement is
$500, and Eagle Cliffs has agreed to compensate the City in that amount; and
WHEREAS, Section 23-1 I1 of the City Code provides that the City Council is authorized
• to sell,convey or otherwise dispose of an interest in real property owned by the City, provided the
Council first finds by ordinance that any sale or disposition of that real property interest will be for
the benefit of the City's citizens, and will be in the best interests of the City; and
WHEREAS, Article V, Section 9,of the Charter of the City of Fort Collins permits the City
Council to make supplemental appropriations by ordinance at any time during the fiscal year,
provided that the total amount of such supplemental appropriations,in combination with all previous
appropriations for that fiscal year,does not exceed the then current estimate of actual and anticipated
revenues to be received during the fiscal year; and
WHEREAS,City staff has determined that the appropriation of$500 from Eagle Cliffs,for
conveyance of the easement under and across a portion of the Park Property, to be added with
previously appropriated Building Community Choices funds, will not cause the total amount
appropriated in the Capital Projects Fund - Fossil Creek Community Park project to exceed the
current estimate of actual and anticipated revenues to be received during any fiscal year; and
WHEREAS, it is the desire of the Council to appropriate $500 received from Eagle Cliffs
for the above-described easement in the Building Community Choices Capital Projects Fund-Fossil
Creek Community Park project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
•
Section 1. That the above described conveyance of a non-exclusive storm drainage
easement under and across the Easement Area is in the best interest 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 a non-exclusive storm drainage easement under and across the Easement
Area to Eagle Cliffs,upon the terms and conditions described above,and subject to 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.
Section 3. That there is hereby appropriated from unanticipated revenue, upon receipt,
the sum of FIVE HUNDRED DOLLARS ($500), for expenditure in the Building Community
Choices Capital Projects Fund-Fossil Creek Community Park project.
Introduced, considered favorably on first reading and ordered published thisl8th day of
February, A.D. 2003, and to be presented for final passage on the 4th day of March, A.D. 2003.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 4th day of March, A.D. 2003.
Mayor
ATTEST:
City Clerk
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Location Map
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