HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/01/2012 - FIRST READING OF ORDINANCE NO. 037, 2012, AUTHORIZDATE: May 1, 2012
STAFF: Helen Matson
Glen Schlueter
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 10
SUBJECT
First Reading of Ordinance No. 037, 2012, Authorizing the Conveyance of a Permanent, Non-Exclusive Utility
Easement on City Parks Property to Maple Hill Master Association.
EXECUTIVE SUMMARY
In April 2004, the City of Fort Collins Parks Department acquired Tract I, Maple Hill, located in northeast Fort Collins,
near Turnberry and Country Club Road. The City purchased this tract for a future public neighborhood park as well
as for access, drainage and utility easements. Maple Hill Homeowners Association has requested a utility easement
for an eight-foot wide irrigation easement through the corner of Tract I.
BACKGROUND / DISCUSSION
Gillespie Farm Development Company developed a subdivision known as Maple Hill, a Replat of 19th Green Planned
Unit Development – Phase 1. The Maple Hill Plat was approved in 2003. Gillespie Farm Development Company
conveyed all the open space tracts in Maple Hill and the recreation center tract to Maple Hill Master Association, a
Colorado Non-Profit Corporation (Maple Hill). Maple Hill is the Homeowner’s Association for the entire Maple Hill
Subdivision. Part of Maple Hill’s responsibility is to irrigate all open space tracts as well as the recreation center lot.
The City of Fort Collins Parks Department acquired Tract I, Maple Hill in April 2004. The City purchased this tract for
a future public neighborhood park as well as for access, drainage and utility easements. This seven acre tract is
undeveloped and consists of non-irrigated grasses. Parks estimates that this park will be developed around 2016.
Until the park is developed, the tract will remain undeveloped.
Maple Hill has requested a utility easement for an irrigation pipe. The width of the easement varies but is
approximately eight feet wide for most of its length. This irrigation pipe will be along a curve that contains an existing
30 foot utility easement and an ELCO waterline easement. The location of this requested easement will not affect the
future neighborhood park since it is planned to be adjacent to existing easements. Maple Hill plans to bore the
irrigation line and not do an open dig. The easement to Maple Hill will require Maple Hill to restore areas disturbed,
either at installation or for maintenance.
FINANCIAL / ECONOMIC IMPACTS
The consideration for this easement is $2,410 which includes the easement processing fee for Real Estate Services.
Maple Hill is responsible for all costs of installation and if there are future maintenance issues that need to be
corrected, Maple Hill will also be responsible to restore the site to a comparable condition when doing any repair work
on the park site.
ENVIRONMENTAL IMPACTS
Tract I is an undeveloped tract consisting of non-irrigated grasses. Installation of the irrigation pipe will not impact the
City’s Tract I.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
ATTACHMENTS
1. Location Map
2. Photo of Area of Impact
ORDINANCE NO. 037, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PERMANENT, NON-EXCLUSIVE
UTILITY EASEMENT ON CITY PARKS PROPERTY TO MAPLE HILL
MASTER ASSOCIATION
WHEREAS, the City owns Tract I, Maple Hill, being a Replat of 19th Green Planned Unit
Development – Phase 1 (the “Property”); and
WHEREAS, the Property was purchased by the City for a future neighborhood park, and for
access, drainage and utility purposes; and
WHEREAS, Maple Hill Master Association (“HOA”) is the Homeowner’s Association for
the Maple Hill Subdivision and is responsible for irrigation of all open space tracts and the
Recreation Center lot in Maple Hill; and
WHEREAS, the HOA has requested a permanent, non-exclusive easement consisting of
2,472 square feet on the northeasterly portion of the Property for its underground irrigation pipe (the
“Easement”); and
WHEREAS, the location of the proposed Easement is shown and described on Exhibit “A”,
attached hereto and incorporated herein by this reference; and
WHEREAS, City staff has evaluated the potential impacts of the proposed Easement, and
believes that the Easement would not interfere with the City’s intended use of the Property as a
public neighborhood park; and
WHEREAS, Section 23-111(a) of the City Code provides that the City Council is authorized
to sell, convey, or otherwise dispose of any and all 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 Easement as set forth herein is in the best interests
of the City.
Section 2. That the Mayor is hereby authorized to execute a deed of easement conveying
the Easement on terms consistent with this Ordinance, together with such other 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 or effectuate the purposes of this Ordinance,
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 1st day of May,
A.D. 2012, and to be presented for final passage on the 15th day of May, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk
Passed and adopted on final reading on the 15th day of May, A.D. 2012.
_________________________________
Mayor
ATTEST:
_____________________________
Interim City Clerk