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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/15/2008 - FIRST READING OF ORDINANCE NO. 005, 2008, AUTHORIZ ITEM NUMBER: 15 AGENDA ITEM SUMMARY DATE: January 15, 2008 FORT COLLINS CITY COUNCIL STAFF: Helen Matson SUBJECT First Reading of Ordinance No. 005, 2008, Authorizing Conveyance of an Easement for Two Pedestrian Bridges to Poudre Valley Health Care,Inc.,d/b/a Poudre Valley Health Systems("PVH"). RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT Compensation due for this easement is $1,500 and is based on estimated market value of property in the area and has been adjusted to reflect the estimated impact to the dedicated right-of-way for Lemay Avenue and Garfield Street. All costs for construction, reconstruction, repair and maintenance will be the responsibility of PVH. EXECUTIVE SUMMARY PVH has a project development plan known as "Poudre Valley Hospital Parking Structure and Medical Office Building"("the Project'). The plan was approved by the Planning and Zoning Board on September 20, 2007. This plan includes the construction of a new employee parking structure and a new medical office building. Also as part of the plan,PVH desires to construct two pedestrian bridges. One of the proposed bridges will span Garfield Street and the proposed second bridge will span Lemay Avenue. PVH is still working getting the final plans approved. BACKGROUND The project will include the construction of a new four-level employee parking structure to be located at the northwest comer of Lemay Avenue and Garfield Street and the construction of a new four-story medical office building at the southwest comer of Lemay Avenue and Garfield Street. To provide safe access from the parking structure and the medical office building, PVH is requesting an easement from the City for the construction of two pedestrian bridges spanning Lemay Avenue and Garfield Street. The proposed bridges will be constructed at the third level of the parking structure and the medical office building and will connect the medical office building to both the parking structure and the January 15, 2008 -2- Item No. 15 hospital. These bridges are not public bridges;they are being constructed for medical personnel and employees of PVH. The only time PVH foresees that the public would use the bridge across Lemay would be if a patient is seen in the medical office building and it is determined that they need to be admitted to the hospital. In that situation, the patient would be taken by PVH employees over the Lemay bridge. The requested easement area for the proposed bridge over Garfield Street is 720 square feet and the requested easement area for the proposed bridge over Lemay Avenue is 1,081 square feet. The design of these bridges calls for a clearance of 17 1/2 feet from the surface of Lemay and Garfield. With this clearance,all normal use of the road will remain the same,with the exception of over-sized loads. In the future all over-sized loads would need to be re-routed from this section of Lemay Avenue. Currently, very few over-sized trucks use this area of Lemay Avenue and staff does not anticipate that the use of this area by over-sized trucks will increase. Staff has worked with PVH to negotiate the terms of the easement. The easement for the bridges will continue until the bridge structures are removed or until the City Engineer determines the structures are failing. If failure is determined, PVH would be given a time period of 18 months to repair or replace the structures. All costs for the construction,reconstruction,repair and maintenance will be paid by PVH. During the term of the easement, PVH will be required to carry general liability insurance and during construction or reconstruction,commercial vehicle liability insurance is required. All policies shall name the City as additional insured. The Ordinance authorizes the easement under the terms and conditions as discussed above. ATTACHMENTS 1. Location map. ATTACHMENT Easements for Two Pedestrian Bridges at PVH Location Map E ELIZABET ST i o ? � J w a m N W LU L J co i Prop Lj osed DOCTORS PVH N j _ Parking jStructure V Poudre _. ' GARFIELD ST ~---� Valley Hospital I r f Proposed Medical Office Building r� T--T-T r N Pedestrian Bridge Locations ORDINANCE NO. 005, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING CONVEYANCE OF AN EASEMENT FOR TWO PEDESTRIAN BRIDGES TO POUDRE VALLEY HEALTH CARE, INC. d/b/a POUDRE VALLEY HEALTH SYSTEMS WHEREAS, Lemay Avenue and Garfield Street are dedicated street rights-of-way of the City; and WHEREAS, Poudre Valley Health Care, Inc., d/b/a Poudre Valley Health Systems ("PVH") has obtained approval from the City of a project development plan for the project known as "Poudre Valley Hospital Parking Structure and Medical Office Building" ("the Project'); and WHEREAS, as a component of the Project, PVH has requested that the City grant an easement to PVH for two proposed pedestrian bridges ("the Easement'), which will be for the use of medical personnel and employees of PVH, within those areas more particularly described on Exhibits "A" and "B", attached hereto and incorporated herein by this reference (the "Easement Areas"); and WHEREAS, under the terms negotiated by City staff the Easement would to continue until the bridge structures are removed, or until the City Engineer determines the structures are failing; and WHEREAS, the required compensation for the Easement, based on fair market value and estimated impact to the road right-of-way, is $1,500 and PVH will be responsible for any costs associated with construction, reconstruction, repair and maintenance of its improvements within the Easement Areas; and WHEREAS, under Section 23-111(a) of the Code of the City of Fort Collins, the City Council is authorized to sell, convey or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the 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 COUNCI OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that the conveyance of the Easement consistent with the terms of this Ordinance is in the best interests of the City of Fort Collins. Section 2. That the Mayor is hereby authorized to execute the Easement Agreement and such other documents of conveyance as are necessary for the City to convey the Easement to PVH consistent with the terms of this Ordinance, along with such modifications, amendments, or additions thereto as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City, including any necessary corrections to the legal descriptions of the Easement Areas that do not materially increase the size or change the character of the property interests to be conveyed. Introduced, considered favorably on first reading, and ordered published this 15th day of January, A.D. 2008, and to be presented for final passage on the 5th day of February, A.D. 2008. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 5th day of February, A.D. 2008. Mayor ATTEST: City Clerk EXHIBIT A Description of Parcel A parcel of land lying in the Southeast Quarter of Section 13, Township 7 North, Range 69 West of the Sixth Principal Meridian;City of Fort Collins, County of Latimer, State of Colorado;being more particularly described as follows: Considering the South right of way fine of Garfield Street as bearing North 89°54 26" West and with all bearing herein relative thereto. COMMENCING at the intersection of the southerly right of way line of Garfield Street and the westerly right of way line of Lemay Avenue whence the East Quarter Comer of said Section 13 bears North 03000'03"East, a distance of 766.42 feet;Thence along the southerly right of way line of Garfield Street, North 8905426" West, a distance of 31.57 feet to the POINT OF BEGINNING; Thence continuing along the southerly right of way line of Garfield Street, North 89°54 26" West, a distance of 12.00 feet; Thence North 00°05'34" East, a distance of 60.00 feet to the northerly right of way line of Garfield Street; Thence along the northerly right of way line of Garfield Street,South 89°54'26" East,a distance of 12.00 feet; Thence South 00°05'34" West, a distance of 60.00 feet to the POINT OF BEGINNING; The above described parcel contains a calculated area of 720 square feet or 0.016 acres, more or less and is subject to all easements and rights of way on record or existing. Said parcel extends from an elevation of 4989.67 to an elevation of 5004.50 based on the City of Fort Collins system of vertical benchmarks. Representation attached hereto and incorporated herein by reference. David L. Swanson Colorado Professional Land Surveyor Registration Number 36070 V:U2871 BnctiveU87710243bucveydcge1s\10243v-A.duc D=inbw 11,2007 x8w/dlc A REPRESENTATION OF EXHIBIT A A PORTION OF GARFIELD STREET LOCATED IN THE SE 1/4, SEC. 13,T. 7 N., R. 69 W., 6TH PM CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO 0 30 45 w 1"-70'�i ri i E 1/4 COR., SEC. 13, T7N., R69W 3 1/4" ALUM. CAP LS 20123, 1989 7RAGT 8 v N LEMAY SURD. W S89.54'26"E � 30 t011 PARCEL 'A' 720 SF, 0.016 AC GARFELD ST(6G'ROW) POINT bF COMMENCEMEN � INT, S. ROW GARFIELD ST. & W. ROW LEMAY AVE. k BASIS OF BEARINGS /S. W LINE CAR ELD SNB9'54'28 W 184.70'(PT TOW 1 O N89.54'26'W 12.00' I POINT OF BEGINNING PARCEL 'A' I I Mm LOT T LEMAY SURD. m-mg S£COND FILING p Fu P-m P n ; z oa.M L.swwan G�Age�Eo Oroledmee Lae sumyar fl�gYVslbn NumLr]60J0 SE COR., SEC. 13 T7N., R69W THIS REPRESENTATION DOES NOT REPRESENT A MONUMENTED LAND SURVEY. 3 1/4" ALUM. CAP IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. LS 20123 mMhEC CONBIATWR AREPRESFNTATIpI OF E%IIISRA .swAHsox li smwcEa,lNc, 18771 D243 PoW EVALLEY HMT� SYSTEM au�oxo, -1 ry aa'� HTIm FORTMUNS CO ' J--w ER ,vr..r 9MmNK�..w lienw�ca. •a A REP�SENTATION DF E%HIBR A 1"-]tl 1] II ) 1 SHEET 1 OF 1 e+Wen enlm,e mA+.+.dvsw\1m4M-rAwy IYIVnaT mem m 14.9 EXHIBIT B Description of Parcel A parcel of land lying in the Southwest Quarter of Section 18, Township 7 North, Range 68 West of the Sixth Principal Meridian and Southeast Quarter of Section 13,Township 7 North, Range 69 West of the Sixth Principal Meridian; City of Fort Collins, County of Larimer, State of Colorado;being more particularly described as follows: Considering the South right of way line of Garfield Street as bearing North 89�54 26"West and with all bearing herein relative thereto. COMMENCING at the intersection of the southerly right of way line of Garfield Street and the westerly right of way line of Lemay Avenue whence the East Quarter Comer of said Section 13 bears North 03°00'03"East, a distance of 766.42 feet;Thence along the westerly right of way line of Lemay Avenue, South 00°00'04"East,a distance of 24.04 feet to the POINT OF BEGINNING; Thence North 89°59'56"East, a distance of 90.13 feet to the easterly right of way line of Lemay Avenue; Thence along the easterly right of way fine of Lemay Street, South 00°00'00" West, a distance of 12.00 feet; Thence South 89059'56" West, a distance of 90.13 feet to the westerly right of way line of Lemay Avenue; Thence along the westerly right of way line of Lemay Avenue, North 00°00'04"West, a distance of 12.00 feet to the POINT OF BEGINNING; The above described parcel contains a calculated area of 1,081 square feet or 0.025 acres, more or less and is subject to all easements and rights of way on record or existing. Said parcel extends from an elevation of 4988.00 to an elevation of 5011.00 based on the City of Fort Collins system of vertical benchmarks. Representation attached hereto and incorporated herein by reference. David L. Swanson Colorado Professional Land Surveyor Registration Number 36070 W6287I Awive\187710 Usu cyMegals\10243v-B.doc December 11,2007 A REPRESENTATION OF EXHIBIT B A PORTION OF LEMAY AVENUE LOCATED IN THE SW 1/4, SEC. 18,T. 7 N., R. 68 W., 6TH PM &THE SE 114, SEC. 13,T. 7 N., R. 69 W., 6TH PM CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO o >0 4s eo / I S CDR., —SEC. 1 13, T7N., R69W 3 1/4" ALUM. CAP LS 20123, 1989 TRACT B h LEMAY SUED. W n�/ QIK Q / I GARFIELD ST. POINT bF COMMENCEMEN (60'ROROW) INT. S. ROW GARFIELD ST. / & W. ROW LEMAY AVE. BASIS OF BEARINGS S. ROW UNE-CAR FIELD ST N NeBsa'za 184.70. m ARCEL 'B' (PT TO PCR) �1js {$ 11081 SF, 0.025 AC o a m N89.591560E 90.13' 3 8g cC4 POINT OF BEGINNING S89'59 56 W 90.13 0 PARCEL 'B' I N00'00'04"W 12.00' nm n LOT m 3m LEMAY SUED. SECOND RUNG 3 n w1,1no rz R�Qo nm o Li3 z B.we L.srm.m ean"do ProNa . SLrvepr NyNlroBm NuMw]cO70 SE COR., SEC. 13 UK, R69W 741S REPRESENTATION DOES NOT REPRESENT A MONUMENTED LAND SURVEY. 3 1/4" ALUM. CAP I7 IS RRTENOEO ONLY TO DEPICT THE ATTACHED DESCRIPTION. LS 20123 nu„ca, .ovm.m rwm vwcrxn Aw ciM'IEGCONEULTNB ABEPSESENTATIONOFF ISRS sn�risoN 4� �+Ncealxc 18771024 rouOrs VN.M regL.TN s a4 COLLINSCO '�•- re d' ierru ShBtee Tmwl E wE A REPNESENTgT10N OF E%NIBR B imp ET 1 OF 1 wVmIW.4smmw,wM..v4+msq,m.A---awn I�AiMT mm r, 14A