The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 11/20/2001 - FIRST READING OF ORDINANCE NO. 203, 2001, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 14 DATE: November 20, 2001 FORT COLLINS CITY COUNCIL Steve Seefeld STAFF: Ron Mills SUBJECT: First Reading of Ordinance No. 203, 2001, Authorizing the Conveyance of Two Non-exclusive Easements in Connection with the Community Horticulture Center Project. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: There is no financial impact except that the City will be required to pay $2,000 to the Sherwood Lateral Ditch Company for the Ditch Company's costs related to the proposed relocation of the Ditch. Because the easements are required for the City's benefit as part of the City's planning process, no compensation is being charged for them. lip EXECUTIVE SUMMARY: The development of the City's Community Horticulture Center site requires the conveyance o1' two easements: (1) an easement for the new location of the Sherwood Lateral Ditch, which will be moved from its current location; and (2) an emergency access easement for Poudre Fire Authority. The easement locations are shown on the attached plat. The Community Horticulture Center project is currently in (Type 1) development review and a public hearing date has been set for December 5, 2001. The anticipated construction start date for the project is expected to be late February of 2002. ORDINANCE NO. 203, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF TWO NON-EXCLUSIVE EASEMENTS IN CONNECTION WITH THE COMMUNITY HORTICULTURE CENTER PROJECT WHEREAS, the City of Fort Collins is the owner of that certain parcel of real property located on the northwest corner of Centre Avenue and the to-be-built Rolland Moore Drive in Fort Collins, which property is the site of the proposed Community Horticulture Center (the "CHC Property"); and WHEREAS,in order to allow for the siting of the Community Horticulture Center building on the CHC Property,to eliminate a barrier created by the existing location of the Sherwool Lateral Ditch(the"Ditch"),and to improve the visual appearance of the Ditch,City staff and the Sherwood Lateral Ditch Company(the"Ditch Company")have agreed upon a plan for relocation of the Ditch from its current location to a location across the CHC Property,which location is shown on Exhibit "A", attached hereto and incorporated herein by this reference (the "New Ditch Location"); and WHEREAS, in order to provide for the relocation of the Ditch in accordance with the proposed plans for the Community Horticulture Center Project, the City will be required to grant to the Ditch Company a non-exclusive easement for the Ditch in the New Ditch Location; and WHEREAS, because the relocated Ditch will be designed and constructed as a visual amenity with landscaping up to its edges,and not with the customary dirt access road along its edge to allow for maintenance by the Ditch Company, and because the relocated Ditch will call for ongoing maintenance, the easement agreement granting rights in the new Ditch Location to the Ditch Company will require the City to maintain the Ditch in the New Ditch Location; and WHEREAS, the Ditch Company has further requested that the City pay a fee of$2,000 to cover the Ditch Company's administrative costs associated with the relocation of the Ditch,together with any additional costs incurred by the Ditch Company as a result of the relocation; and WHEREAS, as a condition of approval of the Community Horticulture Center Project, the City is required to grant to Poudre Fire Authority a non-exclusive emergency access easement on the CHC Property, as shown on Exhibit"A" (the "Emergency Access Easement"); and WHEREAS, because both easements authorized herein are for the benefit of the City in connection with its Community Horticulture Center Project, staff recommends approval of the easements described above at no cost to the easement recipients; and WHEREAS, Section 23-111 of the City Code provides that the City Council is authorized to sell, convey or otherwise dispose of real property owned by the City, provided the Council first finds by ordinance that any sale or other disposition of real property owned by the City is in the best interest of the City of Fort Collins. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of a non-exclusive easement to Sherwood Lateral Ditch Company for the relocation of the Sherwood Lateral Ditch to the New Ditch Location, as set forth herein, is in the best interest of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute an Agreement granting to Sherwood Lateral Ditch Company a non-exclusive easement over the New Ditch Location, 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 or appropriate to protect the interests of the City. Section 3. That the conveyance of a non-exclusive easement to Poudre Fire Authority for emergency access on the CHC Property over the Emergency Access Easement, as set forth herein, is in the best interest of the City of Fort Collins. Section 4. That the Mayor is hereby authorized to execute a deed of easement granting to Poudre Fire Authority anon-exclusive easement over the Emergency Access Easement,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 or appropriate to protect the interests of the City. Introduced, considered favorably on first reading, and ordered published this 20th day of November, A.D. 2001, and to be presented for final passage on the 18th day of December, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 18th day of December, A.D. 2001. Mayor ATTEST: City Clerk 0 COMMUNITY HORTICULTURE CENTER A TRACT OF LAND LOCATED IN A PORTION OF TRACT C, WINDTRAIL TOWNHOMES P.U.D.,FIRST REPLAT AND PART OF THE NORTHEAST OUATRER OF SECTION 23.ALL 14 TOWNSHIP T NORTH, RANGE OS WEST OF THE STH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS,COUNTY OF LARIMER. STATE OF COLORADO. MNO .211.11 FE . i-n�� 'be; G • `( u�iaewiznu •,-`.Lo '\ . pa \S � w.. a TRACT �4=\\ ,jjR \+`. z r-a vw 2,6.243 S.F. l'I`)'� J� t ` 18 050 AC. / limn yLF. \ \ a I % ypg y` A�,uw�wulm[an.x uaxwxr ulurtu. 1� la C II'// A qF �` \ a1919 ^[ S �� 4Q y�\\ If SEAR BROWN veseRwx.r e.+•.e � .p .#� a�" a .' . y e J� o AV {j•�'[e FT'� 4y` wo-x�i�w • .. [ 6 A• I m '•• xa wv uk aae°[:o,i�l:r aur[n eXa . [ r 1 y ww. 1 _n Y ¢ 0 u _ x„ . ,..� z ,[ �xAe r r ;X 4 HORTICULTURE CENTER LOCATION MAP ) N 0 J w CSURF x N N 6 tl r� � � a o CSURF CSUR 0 n Npp - Horticulture Center Site /'