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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 08/16/2016 - FIRST READING OF ORDINANCE NO. 101, 2016, AUTHORIZAgenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Tawnya Ernst, Real Estate Specialist III SUBJECT First Reading of Ordinance No. 101, 2016, Authorizing an Exchange of Easements between the City and Brookhaven Homeowners Association to Resolve Encroachment Issues on Mallard's Nest Natural Area and Spring Creek Trail. EXECUTIVE SUMMARY The purpose of this item is to authorize the City’s conveyance of an easement to the Brookhaven Homeowners Association to resolve an encroachment issue on Mallard's Nest Natural Area and Spring Creek Trail. The Natural Areas Department intends to exchange easements with Brookhaven Homeowners Association to resolve long standing and significant encroachments on City property and enable a more favorable alignment of an existing fence along Spring Creek Trail. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Mallard’s Nest Natural Area was acquired by the City in several transactions between 1961 and 2002. Natural Areas acquired 2.48 acres from Brookhaven Homeowners Association (Brookhaven) in 2002. Unfortunately, the legal description used to convey the land to the City was not accurate. Portions of two condo units were included in the conveyance to the City. This error was not discovered until late last year, when a Natural Areas staff member reported a broken rail in the fence line between the condos and Spring Creek Trail. (The City Parks Department is responsible for construction/maintenance of the paved trail system throughout the City and in Natural Areas.) While attempting to determine whose responsibility it was to repair the fence, a new survey was conducted. The new survey revealed that decks, a privacy fence and other infrastructure (the Improvements) in Brookhaven’s platted common area overlapped onto roughly 1,400 square feet (0.032 acres) of City property. Note: The condos were constructed in 1995 and 1996--well in advance of the transfer to the City. Parks and Natural Areas staff met with representatives from Brookhaven to discuss options to address the unintentional encroachments and in addition, look for ways to improve the alignment of the fence along Spring Creek Trail. (In several segments, the fence is located right at the trail’s edge - not an ideal situation for Parks’ maintenance purposes.) Several options were discussed, including a potential fee simple land trade, removal of the encroachments and an easement. After some consideration, it was decided that an exchange of permanent easements would provide the best solution. (Due to the restrictive nature of Brookhaven’s Condominium Declaration, all Brookhaven homeowners (approximately 50 homeowners) and any lending institutions holding deeds of trust on each condominium would be required to execute a document conveying fee interest in the property.) The easement will enable Brookhaven and the respective homeowners to access and maintain the Improvements and allow Parks staff to access, maintain, and realign fencing at current pinch points along the trail. Agenda Item 13 Item # 13 Page 2 CITY FINANCIAL IMPACTS Given that the easements will allow for an exchange of access rights on equal amounts of land, staff recommends that the access easement be granted to Brookhaven at no cost. No additional financial impacts are anticipated. BOARD / COMMISSION RECOMMENDATION At its March 8, 2016, regular meeting, the Land Conservation and Stewardship Board unanimously voted to recommend adoption of the ordinance granting an easement to Brookhaven Homeowners Association. (Attachment 3) ATTACHMENTS 1. Location Map (PDF) 2. Encroachment Map (PDF) 3. Land Conservation & Stewardship Board minutes, March 8, 2016 (PDF) k r i n g C r e e k a r k P o n d Sherwood Lateral S Lemay Ave E Prospect Rd ± Spring Creek Mallard’s Nest Natural Area Mallard’s Nest Natural Area Location Map E. Stuart St Stover St. $77$&+0(17 General Area of Encroachment ± Mallard’s Nest Natural Area Encroachment Location Shadowbrook Condos (Brookhaven HOA) Spring Creek Trail ATTACHMENT 2 Land Conservation & Stewardship Board March 8, 2016 ATTACHMENT 3 -1- ORDINANCE NO. 101, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING AN EXCHANGE OF EASEMENTS BETWEEN THE CITY AND BROOKHAVEN HOMEOWNERS ASSOCIATION TO RESOLVE ENCROACHMENT ISSUES ON MALLARD’S NEST NATURAL AREA AND SPRING CREEK TRAIL WHEREAS, the City is the owner of a parcel of land located in Larimer County, Colorado, as more particularly described on Exhibit “A”, attached and incorporated herein by reference, and known as Mallard’s Nest Natural Area (the “City Property”); and WHEREAS, the Spring Creek Trail (the “Trail”) runs through the City Property adjacent and to the north of property owned by the Brookhaven Homeowners Association (“Brookhaven”); and WHEREAS, it was recently discovered that improvements constructed in Brookhaven’s common areas prior to the City’s acquisition of the City Property encroach on the City Property and the Trail; and WHEREAS, City staff and Brookhaven representatives have discussed the situation and concluded that the best solution is for the City to grant an easement to Brookhaven for the encroachment, and in exchange Brookhaven would grant an access easement to the City over some portions of Brookhaven’s property, of approximately the same total area, which would allow the fence between the Trail and Brookhaven’s property to be moved further back from the Trail; and WHEREAS, the proposed easement to Brookhaven is described on Exhibit “B”, attached and incorporated herein by reference (the “Easement”); and WHEREAS, because the City would be receiving an easement of equivalent size and value in exchange for granting the Easement, staff is recommending that Brookhaven not be charged any additional consideration for the Easement; and WHEREAS, at its regular meeting on March 8, 2016, the Land Conservation and Stewardship Board voted to recommend granting the Easement to Brookhaven; 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 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. -2- Section 2. That the City Council hereby finds that the City’s conveyance of the Easement to the Brookhaven Homeowners Association 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 Easement to Brookhaven, and accept the conveyance of an easement from Brookhaven, 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 description of the Easement, as long as such changes do not materially increase the size or change the character of the interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 16th day of August, A.D. 2016, and to be presented for final passage on the 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk EXHIBIT B