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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/21/2014 - ITEMS RELATING TO THE REDEVELOPMENT OF THE FOOTHILAgenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY January 21, 2014 City Council STAFF Josh Birks, Economic Health Director Marc Virata, Civil Engineer Tom Leeson, Redevelopment Program Manager SUBJECT Items Relating to the Redevelopment of the Foothills Mall. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 008, 2014, Vacating Foothills Parkway Right-of-Way Between College Avenue and Mathews Street, and Vacating a Portion of Mathews Street. B. Second Reading of Ordinance No. 009, 2014, Authorizing the Conveyance of a Permanent Irrigation Ditch Easement and Right-of-Way to the Larimer County Canal No. 2 Irrigating Company Within the South College Avenue Frontage Road. Ordinance No. 008, 2014 vacates the right-of-way for the remaining public street portion of Foothills Parkway from College Avenue to Mathews Street, along with a portion of the west side of Mathews Street intersecting Foothills Parkway. Ordinance No. 009, 2014, authorizes the conveyance of a permanent irrigation ditch easement and right-of-way to accommodate the realignment of the Larimer No. 2 Ditch, which allows the ditch to be relocated off the Mall property. These Ordinances were adopted on First Reading on January 14, 2014, by a vote of 6-0 (Weitkunat recused). STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, pages 1, 13 and 14 (w/o attachments) (PDF) 2. Ordinance No. 008, 2014 (PDF) 3. Ordinance No. 009, 2014 (PDF) ATTACHMENT 1 - 1 - ORDINANCE NO. 008, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING FOOTHILLS PARKWAY RIGHT-OF-WAY BETWEEN COLLEGE AVENUE AND MATHEWS STREET, AND VACATING A PORTION OF MATHEWS STREET WHEREAS, Walton Foothills Holdings VI LLC, has requested that the City vacate the right-of-way for the remaining public street portion of Foothills Parkway from College Avenue to Mathews Street, along with a portion of the west side of Mathews Street intersecting Foothills Parkway; and WHEREAS, said rights-of-way are no longer necessary or desirable to retain for street purposes; and WHEREAS, pertinent City agencies and private utility companies have been contacted and have reported no objection to the proposed vacation, provided that an access, emergency access, drainage, utility, and transit easement is reserved by the City; and WHEREAS, the rights of the residents of the City will not be prejudiced or injured by the vacation of said street rights-of-way; and WHEREAS, the City shall have no duty to maintain the existing roadways after the Ordinance becomes effective. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Foothills Parkway and a portion of Mathews Street right-of-way, more particularly described on Exhibits “A” and “B” attached hereto and incorporated herein by this reference, are hereby vacated, abated and abolished, reserving the same unto the City as access, emergency access, drainage, utility, and transit easements; provided, however, that: (1) this vacation shall not take effect until this Ordinance is recorded with the Larimer County Clerk and Recorder; (2) this Ordinance shall be recorded concurrently with the subdivision plat for the development known as "Foothills Mall Redevelopment Subdivision"; and (3) if this Ordinance is not so recorded by February 1, 2017, then this Ordinance shall become null and void and of no force and effect. - 2 - Introduced, considered favorably on first reading, and ordered published this 14th day of January, A.D. 2014, and to be presented for final passage on the 21st day of January, A.D. 2014. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of January, A.D. 2014. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk - 1 - ORDINANCE NO. 009, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERMANENT IRRIGATION DITCH EASEMENT AND RIGHT-OF-WAY TO THE LARIMER COUNTY CANAL NO. 2 IRRIGATING COMPANY WITHIN THE SOUTH COLLEGE AVENUE FRONTAGE ROAD WHEREAS, the City is the owner of right-of-way for the South College Avenue frontage road between Foothills Parkway and Monroe Drive (the “Right-of-Way”); and WHEREAS, the Larimer County Canal No. 2 Irrigating Company (“Larimer No. 2”) is the owner of an irrigation ditch that currently crosses under College Avenue north of the Right- of-Way, runs through the Foothills Mall property, and then crosses back under College Avenue at Monroe Drive; and WHEREAS, as part of the redevelopment of the Foothills Mall, the Mall owner has agreed to relocate the Larimer No. 2 ditch off of the Mall property and into a new box culvert that would run underneath the Right-of-Way; and WHEREAS, the City would benefit from the relocation of the ditch because a pedestrian underpass could then be constructed where the ditch currently crosses under College Avenue, thereby providing an improved pedestrian connection between the Mall and the MAX/BRT station; and WHEREAS, Larimer No. 2 will only agree to relocate its ditch if the City will grant it a permanent easement for the ditch within the Right-of-Way; and WHEREAS, the proposed easement is described on Exhibit “A”, attached hereto and incorporated herein by reference (the “Easement”); and WHEREAS, two commercial properties are located adjacent to the Right-of-Way; and WHEREAS, the owners of the adjacent properties also have a property interest in the City Right-of-Way, as title to the Right-of-Way property would vest in the adjacent owners if the City ever vacated the Right-of-Way; and WHEREAS, in order to avoid encumbering the interests of the adjacent property owners with the Easement, the City is negotiating with the adjacent property owners to acquire their interests in the Right-of-Way; and WHEREAS, the City would not convey the Easement to Larimer No. 2 until the City has secured such property interests from the adjacent owners; and WHEREAS, the City does not plan to charge Larimer No. 2 for the Easement because Larimer No. 2 is relocating its ditch at the request of the City for the benefit of the City and the Mall redevelopment; and - 2 - WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any and all interests in real property owned in the name of 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 to Larimer No. 2 as provided herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement to Larimer No. 2 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 14th day of January, A.D. 2013, and to be presented for final passage on the 21st day of January, A.D. 2014. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of January, A.D. 2014. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk ([KLELW $ 3DJHRI ([KLELW $ 3DJHRI ([KLELW $ 3DJHRI ([KLELW $ 3DJHRI