HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/03/2016 - ITEMS RELATING TO THE SOUTHEAST COMMUNITY PARKAgenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY May 3, 2016
City Council
STAFF
Lindsay Kuntz, Real Estate Specialist
Craig Kisling, Landscape Architect
SUBJECT
Items Relating to the Southeast Community Park.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 059, 2016, Declaring Certain City-Owned Property at the Southeast
Community Park Site as Road Right of Way.
B. First Reading of Ordinance No. 060, 2016, Authorizing the Conveyance of Two Waterline Easements on
City Property to the Fort Collins-Loveland Water District.
The purpose of this item is to declare certain City property as road right-of-way as part of the development of
the City’s Southeast Community Park property, and to authorize the conveyance of two waterline easements to
the Fort Collins-Loveland Water District on the City property. The City of Fort Collins owns a 54-acre property
at the northeast corner of Kechter Road and Ziegler Road that is planned to be developed as the Southeast
Community Park. Construction is scheduled to begin in the spring of 2016. As part of the requirements for the
development of the park, portions of the property need to be declared as road right-of-way for Kechter Road,
Ziegler Road, and Lady Moon Drive. The Fort Collins-Loveland Water District will provide water service to a
fire hydrant and restroom at the park. As such, the City needs to convey a waterline easement to the District
to install the waterline for service. In addition, the District has requested an additional waterline easement to
install a 24-inch waterline to provide service to their customers in the nearby region. The waterline will be
installed while the City is completing the construction of the park to minimize disturbance to the City property.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
The City property was conveyed by Poudre School District to the City in 2002 for future park purposes. The
park will be the seventh community park in Fort Collins and will feature creative play areas, trails, gardens, and
natural features. Construction of the park will begin in the spring of 2016 and is anticipated to be open by
summer 2017. More information about the design for the park can be found on the Southeast Community Park
website: <http://www.fcgov.com/parkplanning/southeast.php>.
As part of the development process for the park, the City needs to establish an easement and rights of way on
the City property:
Road Right of Way-Portions of the City property along Ziegler Road, Kechter Road, and Lady Moon Drive
will need to be designated as road right-of-way in accordance with the Larimer County Urban Area Street
Standards and the City Master Street Plan.
Agenda Item 10
Item # 10 Page 2
Fire Hydrant Waterline Easement-The City property lies within the Fort Collins-Loveland Water District and
will need water service from the District for a fire hydrant and restroom. The City needs to convey a
waterline easement to the District to install a waterline connection from Kechter Road to the fire hydrant
location within the park. The City will then install a connection from the fire hydrant leading to the
restroom.
In addition to the fire hydrant waterline easement needed for the park, the District needs to install a 24-inch
waterline running north and south along Ziegler Road to provide water service to customers in the surrounding
region. As such, the District has requested an easement from the City and has agreed to coordinate the
waterline installation with the park construction to avoid disturbance of the newly planned park improvements.
CITY FINANCIAL IMPACTS
In accordance with Sec. 23-114 of the Municipal Code, any conveyance of City real property must be for an
amount equal to or greater than the fair market value. In this case, the in-kind benefits to the City from the
transaction exceed the fair market value of the easements, which is estimated to be $15,050. The conveyance
of the waterline easements to the District will provide required service to the park and provide water service for
other future development in the area, which may include additional City facilities. The District will also waive
the cost of a second water tap and sewer fee for a second restroom at the Park if the City does not charge for
the easements, which will save the City approximately $92,000. The construction coordination between the two
entities will also result in overall cost savings to the City due to having the same contractor perform the work
for both the park and the waterline, as well as, having the waterline installed now preventing future disturbance
to the park infrastructure and closure of the main entrance. Given the overall benefits to the City, staff
proposes the easements to the District be conveyed at no additional cost.
PUBLIC OUTREACH
Several community meetings and open houses have been hosted by City staff for the planned park. More
information on these meetings can be found on the Southeast Community Park website:
<http://www.fcgov.com/parkplanning/southeast.php>
ATTACHMENTS
1. Location map (PDF)
2. Right-of-way and Easement detail (PDF)
3. Concept Picture (PDF)
4. Sustainability Assessment Summary and Tool (PDF)
FOSSIL RIDGE
HIGH SCHOOL
FOSSIL RIDGE HS CAMPUS
FOSSIL RIDGE HS CAMPUS
SOUTHEAST COMMUNITY PARK
KECHTER RD
SABER
CAT
D
R
I
V
E
ZIEGLER RD
LADY MOON DR
ROCK CREEK DR
LONG CREEK DR
STAR DUST LN
SOUTHEAST COMMUNITY PARK
LOCATION MAP
±
Attachment 1
Southeast Community Park – Right of Way and Easement Location Detail
- Road Right of Way - Fire Hydrant Waterline
- 24” District Waterline
ATTACHMENT 2
Southeast Community Park
Conceptual Picture ATTACHMENT 3
SUSTAINABILITY ASSESSMENT SUMMARY
DATE: April 19, 2016
SUBJECT: Sustainability Assessment (SA) Summary for Authorizing the Conveyance of Two
Waterline Easements to the Fort Collins – Loveland Water District
The City of Fort Collins owns a 54-acre property at the northeast corner of Kechter Road and Ziegler
Road that is planned to be developed as the Southeast Community Park. Construction is scheduled to
begin in the spring of 2016. As part of the requirements for the development of the park, portions of the
property need to be declared as road right of way and for emergency access purposes. The Fort Collins
– Loveland Water District will provide water service to a fire hydrant and restroom at the park. As such,
the City needs to convey a waterline easement to the District to install the waterline for service. In
addition, the District has requested an additional waterline easement to install a 24-inch waterline to
provide service to their customers in the nearby region. The waterline will be installed while the City is
completing the construction of the park to minimize disturbance to the City property.
Generally, staff believes that the conveyance of the easements to the District will support the
development of the park, future development in the area, and the City’s overall goal to construct a
neighborhood park to serve the community. The one area with a negative rating was in the
environmental considerations due to disturbances during construction; however, it was agreed that this
disturbance would be temporary and would be restored/enhanced upon completion of the projects.
Economic , 0.0
Social , 3.0
Environmental
-1.5
Rating
Average, 0.7
0
3
2 1.7
-4.0
-3.0
-2.0
-1.0
0.0
1.0
2.0
3.0
4.0
Sustainability Rating
Rating without mitigation Rating with mitigation
Rating
Average, 0.7
1.7
Rating Legend
3 Very positive
2 Moderately positive
1 Slightly positive
0 Not relevant or neutral
-1 Slightly negative
-2 Moderately negative,
impact likely
-3 Very negative, impact
expected
ATTACHMENT 4
*The Fort Collins SAT was developed by modifying the Triple Bottom Line (TBL) Analysis Tool developed by Eugene, Oregon, July 2009. 1
City of Fort Collins SUSTAINABILITY ASSESSMENT TOOL (SAT)
(November 2014)
Creating a sustainable community
Plan Fort Collins is an expression of the community’s resolve to act sustainably: to systemically, creatively, and thoughtfully utilize environmental,
human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems upon which we
depend.
How to use the tool
The Sustainability Assessment Tool (SAT) is designed to inform a deeper understanding of how policy and program choices affect the social
equity, environmental health and economic health of the community. The City of Fort Collins has developed a Sustainability Assessment
Framework that describes the purpose, objectives, and guidelines to assist City Program/Project Managers to determine:
• The process for cross-department collaboration in using the SAT
• Timing for applying a SAT
• When to apply a SAT
• How to document the results of the SAT and present at City Council Work Sessions and Regular Council Meetings
Further detailed guidance is available at: http://citynet.fcgov.com/sustainability/sustainabilityassessments.php
The SAT does not dictate a particular course of action; rather, the analysis provides policy makers and staff with a greater awareness of some
of the trade-offs, benefits and consequences associated with a proposal, leading to more mindful decision-making.
Brief description of proposal
Please provide a brief description of your proposal – 100 words or less
City staff recommends that Council adopt the proposed ordinance to grant easements on City Property to the Fort Collins – Loveland Water District.
The City of Fort Collins owns a 54-acre property at the northeast corner of Kechter Road and Ziegler Road that is planned to be developed as the Southeast
Community Park. Construction is scheduled to begin in the spring of 2016. As part of the requirements for the development of the park, portions of the property
need to be declared as road right of way and for emergency access purposes. The Fort Collins – Loveland Water District will provide water service to a fire
hydrant and restroom at the park. As such, the City needs to convey a waterline easement to the District to install the waterline for service. In addition, the District
has requested an additional waterline easement to install a 24-inch waterline to provide service to their customers in the nearby region. The waterline will be
installed while the City is completing the construction of the park to minimize disturbance to the City property.
2
Staff lead(s):
Please note staff name, position/division and phone number
Lindsay Kuntz
Real Estate Specialist III
970-221-6275
Craig Kisling
Park Planning Landscape Architect
970-221-6367
3
Social Equity
Described: Placing priority upon protecting, respecting, and fulfilling the full range of universal human rights, including those pertaining to civil,
political, social, economic, and cultural concerns. Providing adequate access to employment, food, housing, clothing, recreational opportunities, a
safe and healthy environment and social services. Eliminating systemic barriers to equitable treatment and inclusion, and accommodating the
differences among people. Emphasizing justice, impartiality, and equal opportunity for all.
Goal/Outcome: It is our priority to support an equitable and adequate social system that ensures access to employment, food, housing, clothing,
education, recreational opportunities, a safe and healthy environment and social services. Additionally, we support equal access to services and
seek to avoid negative impact for all people regardless of age, economic status, ability, immigration or citizenship status, race/ethnicity, gender,
relationship status, religion, or sexual orientation. Equal opportunities for all people are sought. A community in which basic human rights are
addressed, basic human needs are met, and all people have access to tools and resources to develop their capacity. This tool will help identify how
the proposal affects community members and if there is a difference in how the decisions affect one or more social groups. Areas of consideration in
creating a vibrant socially equitable Fort Collins are: basic needs, inclusion, community safety, culture, neighborhoods, and advancing social equity.
Analysis Prompts
• The prompts below are examples of the issues that need to be addressed.
They are not a checklist. Not all prompts and issues will be relevant for any
one project. Issues not covered by these prompts may be very pertinent to a
proposal - please include them in the analysis.
x Is this proposal affected by any current policy, procedure or action plan?
Has advice been sought from organizations that have a high level of
expertise, or may be significantly affected by this proposal?
Proposal Description
Conveyance of two waterline easements to the Fort Collins – Loveland Water
District on the future Southeast Community Park property. One waterline will
directly service the park while the other will serve future development in the
area.
Municipal Code - Sec. 23-111 (a) – Authorization to sell real property.
1. Meeting Basic Human Needs
• How does the proposal impact access to food, shelter,
employment, health care, educational and recreational
opportunities, a safe and healthy living environment or
social services?
• Does this proposal affect the physical or mental health of
individuals, or the status of public health in our community?
• How does this proposal contribute to helping people achieve
and maintain an adequate standard of living, including housing,
or food affordability, employment opportunities, healthy families,
or other resiliency factors?
Analysis/Discussion
x The proposed easements provide water service to the City property to
be developed as a park to provide recreational resources to area
citizens, as well as, provides for water service for future development
in the area.
2. Addressing Inequities and being Inclusive
• Are there any inequities to specific population subsets in this
proposal? If so, how will they be addressed?
• Does this proposal meet the standards of the Americans with
Disabilities Act?
N/A
4
• How does this proposal support the participation, growth
and healthy development of our youth? Does it include
Developmental Assets?
• If the proposal affects a vulnerable section of our community (i.e.
youth, persons with disabilities, etc.)
3. Ensuring Community Safety
• How does this proposal address the specific safety and
personal security needs of groups within the community,
including women, people with disabilities, seniors, minorities,
religious groups, children, immigrants, workers and others?
x The proposed easements provide the City the ability to continue to
deliver recreational resources and water service to the community.
4. Culture
• Is this proposal culturally appropriate and how does it affirm
or deny the cultures of diverse communities?
• How does this proposal create opportunities for artistic and
cultural expression?
N/A
5. Addressing the Needs of Neighborhoods
• How does this proposal impact specific Fort Collins
neighborhoods?
• How are community members, stakeholders and interested
parties provided with opportunities for meaningful participation
in the decision making process of this proposal?
• How does this proposal enhance neighborhoods and
stakeholders’ sense of commitment and stewardship to our
community?
x The proposed easements provide the City the ability to continue to
deliver recreational resources to the nearby neighborhood, including
Fossil Ridge High School, and water service to future neighborhood
developments.
6. Building Capacity to Advance Social Equity
• What plans have been made to communicate about and
share the activities and impacts of this proposal within the
City organization and/or the community?
• How does this proposal strengthen collaboration and
cooperation between the City organization and community
members?
x Several community meetings and open houses have been hosted by
City staff for the planned park. More information on these meetings
can be found on the Southeast Community Park website:
http://www.fcgov.com/parkplanning/southeast.php
Social Equity Summary
Key issues:
5
The proposed easements provide water service to the City property to be developed as a park to provide recreational resources to area citizens, as well
as, provides for water service for future development in the area.
Potential mitigation strategies: N/A
Overall, the effect of this proposal on social equity would be:
Please reach a consensus or take a group average on the rating, enter an “x” in one of
the following boxes and indicate the overall rating.
Rating represents group consensus +3
Rating represents group average
+3 +2 +1 0 -1 -2 -3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or neutral
Slightly
negative
Moderately
negative,
impact
likely
Very
negative,
impact
expected
+3
Environmental Health
Described: Healthy, resilient ecosystems, clean air, water, and land. Decreased pollution and waste, lower carbon emissions that contribute to
climate change, lower fossil fuel use, decreased or no toxic product use. Prevent pollution, reduce use, promote reuse, and recycle natural
resources.
Goal/Outcome: Protect, preserve, and restore the natural environment to ensure long-term maintenance of ecosystem functions necessary for
support of future generations of all species. Avoid or eliminate adverse environmental impacts of all activities, continually review all activities to identify
and implement strategies to prevent pollution; reduce energy consumption and increase energy efficiency; conserve water; reduce consumption and
waste of natural resources; reuse, recycle and purchase recycled content products; reduce reliance on non-renewable resources.
6
Analysis Prompts
• The prompts below are examples of issues that need to be addressed.
They are not a checklist. Not all prompts and issues will be relevant for
any one project. Issues not covered by these prompts may be very pertinent
to a proposal - please include them in the analysis.
• Is this proposal affected by any current policy, procedure or action
plan? Has advice been sought from organizations that have a high level
of expertise, or may be significantly affected by this proposal?
Conveyance of two waterline easements to the Fort Collins – Loveland
Water District on the future Southeast Community Park property. One
waterline will directly service the park while the other will serve future
development in the area.
Municipal Code - Sec. 23-111 (a) – Authorization to sell real property.
1. Environmental Impact
• Does this proposal affect ecosystem functions or
processes related to land, water, air, or plant or
animal communities?
• Will this proposal generate data or knowledge related to the
use of resources?
• Will this proposal promote or support education in
prevention of pollution, and effective practices for
reducing, reusing, and recycling of natural resources?
• Does this proposal require or promote the continuous
improvement of the environmental performance of the City
organization or community?
• Will this proposal affect the visual/landscape or aesthetic
elements of the community?
Analysis/Discussion
x The future park will install additional and enhance existing natural
features, as well as, provide an environment that can be used for
educational opportunities for environmental topics.
2. Climate Change
• Does this proposal directly generate or require the
generation of greenhouse gases (such as through
electricity consumption or transportation)?
• How does this proposal align with the carbon reduction goals for
2020 goal adopted by the City Council?
• Will this proposal, or ongoing operations result in an
increase or decrease in greenhouse gas emissions?
• How does this proposal affect the community’s efforts to reduce
greenhouse gas emissions or otherwise mitigate adverse climate
change activities?
x The City and the Districts coordination on their projects will result
in less emissions by completing all work during one project
instead of two.
7
3. Protect, Preserve, Restore
• Does this proposal result in the development or modification
of land resources or ecosystem functions?
• Does this proposal align itself with policies and procedures
related to the preservation or restoration of natural habitat,
greenways, protected wetlands, migratory pathways, or the
urban growth boundary
• How does this proposal serve to protect, preserve, or restore
important ecological functions or processes?
x The conveyance of the hydrant waterline facilitates the
development of resources within the planned park.
4. Pollution Prevention
• Does this proposal generate, or cause to be generated,
waste products that can contaminate the environment?
• Does this proposal require or promote pollution prevention
through choice of materials, chemicals, operational practices
and/or engineering controls?
• Does this proposal require or promote prevention of
pollution from toxic substances or other pollutants
regulated by the state or federal government?
• Will this proposal create significant amounts of waste or
pollution?
x N/A
5. Rethink, Replace, Reduce, Reuse, Recirculate/Recycle
• Does this proposal prioritize the rethinking of the materials or
goods needed, reduction of resource or materials use, reuse of
current natural resources or materials or energy products, or
result in byproducts that are recyclable or can be re-circulated?
x N/A
6. Emphasize Local
• Does this proposal emphasize use of local materials,
vendors, and or services to reduce resources and
environmental impact of producing and transporting
proposed goods and materials?
• Will the proposal cause adverse environmental effects
somewhere other than the place where the action will take
place?
x N/A
Environmental Health Summary
8
Key issues: The conveyance of the waterline easement for the fire hydrant will support the development of the park which, in turn, supports
environmental health. The conveyance of the 24” waterline for future service needs is not believed to have a significant impact on the
environmental health except that the coordination of the projects will prevent additional emissions from staging two separate projects and disturbing
the natural features of the park during a future construction. The environment will be impacted during the timeframe of construction of the waterlines.
Potential mitigation strategies: Disturbed areas will be restored and enhanced after completion of the projects.
Overall, the effect of this proposal on environmental health would be:
Please reach a consensus or take a group average on the rating, enter an “x” in one of
the following boxes and indicate the overall rating.
Rating represents group consensus +2
Rating represents group average
+3 +2 +1 0 -1 -2 -3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or neutral
Slightly
negative
Moderately
negative,
impact
likely
Very
negative,
impact
expected
+2
Economic Health
Described: Support of healthy local economy with new jobs, businesses, and economic opportunities; focus on development of a diverse economy,
enhanced sustainable practices for existing businesses, green and clean technology jobs, creation or retention of family waged jobs.
Goal/Outcome: A stable, diverse and equitable economy; support of business development opportunities.
Analysis Prompts
• The prompts below are examples of the issues that need to be addressed.
They are not a checklist. Not all prompts and issues will be relevant for any
one project. Issues not covered by these prompts may be very pertinent to a
proposal - please include them in the analysis
• Is this proposal affected by any current policy, procedure or action plan? Has
advice been sought from organizations that have a high level of expertise, or
may be significantly affected by this proposal?
Conveyance of two waterline easements to the Fort Collins – Loveland
Water District on the future Southeast Community Park property. One
waterline will directly service the park while the other will serve future
development in the area.
Municipal Code - Sec. 23-111 (a) – Authorization to sell real property.
1. Infrastructure and Government
• How will this proposal benefit the local economy?
• If this proposal is an investment in infrastructure is it designed
and will it be managed to optimize the use of resources
including operating in a fossil fuel constrained society?
• Can the proposal be funded partially or fully by grants, user
fees or charges, staged development, or partnering with
Analysis/Discussion
N/A
9
another agency?
• How will the proposal impact business growth or operations
(ability to complete desired project or remain in operation), such
as access to needed permits, infrastructure and capital?
2. Employment and Training
• What are the impacts of this proposal on job creation
within Larimer County?
• Are apprenticeships, volunteer or intern opportunities
available?
• How will this proposal enhance the skills of the local workforce?
N/A
3. Diversified and Innovative Economy
• How does this proposal support innovative or
entrepreneurial activity?
• Will “clean technology” or “green” jobs be created in this
proposal?
• How will the proposal impact start-up or existing businesses or
development projects?
N/A
4. Support or Develop Sustainable Businesses
• What percentage of this proposal budget relies on local services
or products? Identify purchases from Larimer County and the
State of Colorado.
• Will this proposal enhance the tools available to businesses
to incorporate more sustainable practices in operations and
products?
• Are there opportunities to profile sustainable and socially
responsible leadership of local businesses or educate
businesses on triple bottom line practices?
N/A
5. Relevance to Local Economic Development Strategy
Economic Prosperity Summary
Key issues:
The conveyance of the easements to the District does not appear to affect economic prosperity negatively or positively.
10
Potential mitigation strategies:
Overall, the effect of this proposal on economic prosperity will be:
Please reach a consensus or take a group average on the rating, enter an “x” in one of
the following boxes and indicate the overall rating.
Rating represents group consensus 0
Rating represents group average
+3 +2 +1 0 -1 -2 -3
Very
positive
Moderately
positive
Slightly
positive
Not
relevant
or neutral
Slightly
negative
Moderately
negative,
impact
likely
Very
negative,
impact
expected
0
-1-
ORDINANCE NO. 059, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DECLARING CERTAIN CITY-OWNED PROPERTY AT THE
SOUTHEAST COMMUNITY PARK SITE AS ROAD RIGHT-OF-WAY
WHEREAS, the City owns A 54-acre parcel of property located at the northeast corner of
Kechter Road and Ziegler Road (the “Property”), which the City plans to develop as the new
Southeast Community Park (the “Park”); and
WHEREAS, in order to meet the requirements of the Larimer County Urban Area Street
Standards and the City Master Street Plan when developing the Park, portions of the Property
will have to be used as additional public right-of-way for Kechter Road, Ziegler Road, and Lady
Moon Drive; and
WHEREAS, the portions of the Property to be designated as right-of-way are more
specifically described on Exhibit “A”, attached hereto and incorporated herein by this reference;
and
WHEREAS, in order to establish a public record that this portion of the Property is
intended for use by the City as right-of-way for a public roadway and related improvements,
including without limitation public utilities, pedestrian, transit and bicycle access and
improvements, landscaping, and such other related purposes as may now or in the future be
determined appropriate, staff recommends that the City Council declare such property to be
right-of-way; and
WHEREAS, converting property owned by the City in fee simple to right-of-way
constitutes a conveyance of an interest in the property, as doing so creates certain public rights in
the property that would not otherwise exist on City-owned property; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey or otherwise dispose of any interests in real property owned by the City, provided 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 City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby declares that the real property described on
Exhibit “A” shall constitute right-of-way for City streets and related improvements, including
without limitation public utilities, pedestrian, transit and bicycle access and improvements,
landscaping, and such other related purposes as may now or in the future be determined
appropriate, and hereby finds that such declaration is in the best interests of the City.
-2-
Section 3. That the City Clerk shall cause this Ordinance to be recorded in the real
property records of the Larimer County Clerk and Recorder’s office once the Ordinance becomes
effective in accordance with Article II Section 7 of the City Charter.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
May, A.D. 2016, and to be presented for final passage on the 17th day of May, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of May, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
EXHIBIT A
-1-
ORDINANCE NO. 060, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF TWO WATERLINE EASEMENTS
ON CITY PROPERTY TO THE FORT COLLINS-LOVELAND WATER DISTRICT
WHEREAS, the City is the owner of 54 acres of land located at the northeast corner of
Kechter Road and Ziegler Road in Fort Collins (the “Property”); and
WHEREAS, the Property was acquired from Poudre School District in 2002 as the site
for a Southeast Community Park (the “Park”), which the City expects to start constructing in
2016; and
WHEREAS, the Property is located in the Fort Collins-Loveland Water District (the
“District”), and the City has petitioned for inclusion in the District so that the City can get water
service for the Park from the District; and
WHERAS, in order to get water service on the Property, the City will have to grant the
District an easement for a waterline to serve the Park; and
WHEREAS, the proposed waterline easement for the Park is described on Exhibit “A”,
attached and incorporated herein by reference (the “Park Waterline Easement”); and
WHEREAS, the District has requested an additional easement across the Property for
installation of a 24-inch waterline to serve other property owners within the District; and
WHEREAS, the proposed easement for the 24-inch waterline is described on Exhibit
“B”, attached and incorporated herein by reference (the “District Waterline Easement”); and
WHEREAS, the approximate fair market value of the Easements is $15,050; and
WHEREAS, staff is recommending that the City not charge the District for the
Easements because the benefits to the City exceed the fair market value, including the following:
The Park Waterline Easement is for the benefit of the City as it will provide water
service to the Park;
In exchange for the City not charging the District for the District Waterline
Easement, the District will not charge the City an extra tap fee and sewer fee for a
second restroom, saving the City approximately $92,000 in costs for development
of the Park;
The District has agreed to coordinate installation of the 24-inch waterline with the
development of the Park preventing future disturbance to Park infrastructure; and
The 24-inch waterline will serve future residential and commercial development,
and possibly future City facilities, in the southeast part of the City;
and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey or otherwise dispose of any interest in real property owned by the City, provided that the
-2-
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 City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the City’s conveyance of the
Easements to the District as provided herein is in the best interests of the City.
Section 3. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the Easements to the District 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 descriptions
of the Easements, as long as such changes do not materially increase the size or change the
character of the interests to be conveyed.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
May, A.D. 2016, and to be presented for final passage on the 17th day of May, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 17th day of May, A.D. 2016.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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