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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/03/2013 - FIRST READING OF ORDINANCE NO. 175, 2013, AUTHORIZAgenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Tom Leeson, Redevelopment Program Manager SUBJECT First Reading of Ordinance No. 175, 2013, Authorizing the Conveyance 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. EXECUTIVE SUMMARY The purpose of this item is to accommodate the realignment of the Larimer No. 2 Ditch, which allows the ditch to be relocated off the Mall property. The planned re-alignment will locate the ditch beneath the frontage road, across College Avenue opposite the mall and will require the conveyance of a permanent drainage easement to the Larimer Canal No. 2 Irrigating Company (the “Ditch Company”). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Larimer No. 2 Ditch is currently located on the Foothills Mall site and is to be relocated to the west of College Avenue in an effort to accommodate the redevelopment of the mall and the adjacent properties. The proposal is to realign the ditch so that it flows underground in a box culvert from its current location immediately north of Red Lobster restaurant, within the College Avenue frontage road and day lighting at its current location immediately south of Monroe Drive. It should be noted that the additional benefit of realigning the ditch allows a pedestrian underpass to be constructed in the location where the ditch currently flows under College Avenue. The pedestrian underpass will allow the redeveloped mall to have excellent pedestrian connections to the Mason Corridor and MAX transit stations. The frontage road along College Avenue immediately adjacent to Markley Motors and Red Lobster restaurant was dedicated as right-of-way in the 1970's as part of the subdivision that created those commercial sites. Right-of-way that is dedicated to the City of Fort Collins is owned and maintained by the City; however, the adjacent property owners have a property right in the right of way in that if the City ever vacated the right of way, under State law, ownership of the land would revert back to those adjacent property owners. In order for the City to dedicate the required easement to the Larimer No. 2 Ditch Company for the relocated ditch, the City must acquire that underlying property right from Markley Motors and Red Lobster. The City has acquired the necessary property interests from Markley Motors and is in the process of acquiring the necessary property interests from Red Lobster. This Ordinance authorizes the City to convey a permanent easement to the Ditch Company to operate and maintain ditch facilities under the College Avenue frontage road, once the necessary remainder property interests have been acquired. It should be noted that the City is not seeking compensation from the ditch company for the conveyance of the easement because the relocation is occurring as a result of the redevelopment of the mall. ATTACHMENTS 1. Location Map (PDF) - 1 - ORDINANCE NO. 175, 2013 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 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 3rd day of December, A.D. 2013, and to be presented for final passage on the 17th day of December, A.D. 2013. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of December, A.D. 2013. __________________________________ Mayor ATTEST: _______________________________ City Clerk ([KLELW $ 3DJHRI ([KLELW $ 3DJHRI ([KLELW $ 3DJHRI ([KLELW $ 3DJHRI