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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/20/2007 - ITEMS RELATING TO REAL PROPERTY CONVEYANCES FOR TH ITEM NUMBER: 11 A-C AGENDA ITEM SUMMARY DATE: November 20, 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 Second Reading. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 132, 2007, Authorizing the Conveyance of Certain Real Property at the Northside Aztlan Community Center to Lagunitas Giddings, Inc. B. Second 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. Second Reading of Ordinance No. 134, 2007, Authorizing the Conveyance of a Utility Easement at the Northside Aztlan Community Center to Comcast of Califomia/Colorado LLC and to Qwest Corporation. Lagunitas Giddings, Inc. ("LGI") 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("NACU). These Ordinances,unanimously adopted on First Reading on November 6, 2007, authorize the conveyance of the easements needed by LGI. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- November 6, 2007. ATTACHMENT 1 ITEM NUMBER: 13 A-C AGENDA ITEM SUMMARY DATE: November6, 2007 FORT COLLINS CITY COUNCIL FF: 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 maintenan cost a will be paid for by Lagunitas Giddings, Inc. ci dPYeasements 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 Califomia/Colorado LLC and to Qwest Corporation. Lagunitas Giddings, Inc. ("LC) has011eyon ypescst for some time for the Willow Street Loft Project("WSLP") d ign tto the design of its choice,LGI needed to acquire one-half of a vacated ty-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 Ordina o.1 00 hyallright-of-way. Conveyance of Certain Real Property at the North e A 1 Co i Lagunitas Giddings, Inc. Constructing the new NACC r pd t v io of 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-way. Now that the new NACC is constructed,the existing utilities 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 W SLP, LGI is re aP- 1 ea a landscaped area. In order to meet these requirements,LGI reques d that an ements to LGI for these purposes. The location of the sidewalk a ent 's thed w terly boundaries of the land owned byLGI. The landscaped area a the e eT quested 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 casements and twenty feet beyond on the northerly and westerly sides of the W SLP. 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 fro e i e nage Swale. As a condition of granting the easeme s, LG a mitt o pay all costs for installation and all future maintenance, repair st f of impro. .ents 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 Comcast of California/Colorado LLC and to Qwest Corporation. The utilities that are curremlCar84kO )e e h are needed are for phone and cable services. LGI has requestede o Come t and to Qwest a four foot utility easement. The total easemenf This e ent 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. COPY 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 ("NACC"); 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 Azdan 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 Y P P Y 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 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 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 presented for final passage on the 20th day of November, A.D. 2007. Mayo ATTEST: " e City Clerk -2- Passed and adopted on final reading on the 20th day of November, A.D. 2007. Mayor ATTEST: City Clerk -3- 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. ("LGI") 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 Califomia/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-I11(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. Mayo ATTEST: City Clerk Passed and adopted on final reading on the 20th day of November, A.D. 2007. Mayor ATTEST: City Clerk