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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 11/21/2017 - SECOND READING OF ORDINANCE NO. 153, 2017, AUTHORIAgenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY November 21, 2017 City Council STAFF Kerri Allison, Real Estate Specialist II Greg Oakes, Apprentice Landscape Architect Ryan Malarky, Legal SUBJECT Second Reading of Ordinance No. 153, 2017, Authorizing the Conveyance of a Portion of City Property in the Trail Head Subdivision in Exchange for a Parcel of Land from Trail Head Homes, LLC. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on November 7, 2017, authorizes the exchange of portions of property located in the Trail Head Subdivision with Trail Head Homes, LLC. The City of Fort Collins owns a parcel of land known as Tract H, Trail Head Subdivision, for the purpose of a future City park. Trail Head Homes, LLC owns a parcel of land directly south of the City Property know as Tract G, Trail Head Subdivision. The current boundary line between the properties is not conducive for park programming needs. The Park Planning & Development Department staff and Trail Head Homes, LLC have negotiated an exchange of portions of these tracts to rearrange the existing lot line between the two properties. The land exchange will be beneficial for Trail Head Homes, the City and ultimately the Trail Head Neighborhood because the exchange will create a better space for the park design, ultimately benefitting all parties involved. This Ordinance authorizes the Mayor to execute the documents necessary to exchange the properties between the City and Trail Head Homes, LLC, recognizing that no funds will need to be paid between parties based on the comparable values of the two parcels. After City Council adoption on First Reading, the legal descriptions depicted on Exhibit B of the Ordinance were amended to correct calls within the descriptions. The square footage and layout of the parcels to be exchanged remain the same. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, November 7, 2017 (w/o attachments) (PDF) 2. Ordinance No. 153, 2017 (PDF) Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY November 7, 2017 City Council STAFF Kerri Allison, Real Estate Specialist II Greg Oakes, Apprentice Landscape Architect Ryan Malarky, Legal SUBJECT First Reading of Ordinance No. 153, 2017, Authorizing the Conveyance of a Portion of City Property in the Trail Head Subdivision in Exchange for a Parcel of Land from Trail Head Homes, LLC. EXECUTIVE SUMMARY The purpose of this item is to authorize the exchange of portions of property located in the Trail Head Subdivision with Trail Head Homes, LLC. The City of Fort Collins owns a parcel of land known as Tract H, Trail Head Subdivision, for the purpose of a future City park (the “City Property”). Trail Head Homes, LLC owns a parcel of land directly south of the City Property know as Tract G, Trail Head Subdivision (the “Trail Head Property”). The current boundary line between the properties is not conducive for park programming needs. The Park Planning & Development Department (“Park Planning”) staff and Trail Head Homes, LLC have negotiated an exchange of portions of these tracts to rearrange the existing lot line between the two properties. The land exchange will be beneficial for Trail Head Homes, the City and ultimately the Trail Head Neighborhood because the exchange will create a better space for the park design, ultimately benefitting all parties involved. This Ordinance authorizes the Mayor to execute the documents necessary to exchange the properties between the City and Trail Head Homes, LLC, recognizing that no funds will need to be paid between parties based on the comparable values of the two parcels. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City of Fort Collins purchased 4.02 acres of land in 2005 to be utilized as a neighborhood park. In 2016, the City acquired an additional 1.03 acres to incorporate into the development of the future park. The City Property is the aggregate of these two acquisitions. The resulting lot line between the City Property and the Trail Head Property is not uniform. The current layout of the City Property is not conducive to park purposes because the area in question creates a small pinch point along the southern park boundary where virtually no park uses could occur. Trail Head Homes, LLC contacted Park Planning to request this exchange of land for the purpose of simplifying boundary lines. This exchange will result in a uniform and straight lot line between the City Property and the Trail Head Property. The simplification of the boundary will allow both the City and Trail Head Homes, LLC to develop their respective properties in the most efficient and economical manner. The portion of the City Property that the City will exchange totals 9,272.06 square feet. The portion of the Trail Head Property that Trail Head Homes, LLC will exchange totals 9,272.32 square feet. The exchange will result in a net gain to the City of 0.26 square feet of land. ATTACHMENT 1 Agenda Item 16 Item # 16 Page 2 CITY FINANCIAL IMPACTS The estimated value of the portion of the City Property to be conveyed to Trail Head Homes, LLC is $16,690. The estimated value of the portion of the Trail Head Property to be conveyed to the City is $16,690. Park Planning has proposed and Trail Head Homes, LLC is willing, to exchange the properties recognizing the comparable values of each parcel. ATTACHMENTS 1. Location map (PDF) -1- ORDINANCE NO. 153, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PORTION OF CITY PROPERTY IN THE TRAIL HEAD SUBDIVISION IN EXCHANGE FOR A PARCEL OF LAND FROM TRAIL HEAD HOMES, LLC WHEREAS, the City of Fort Collins is the owner of that certain real property located in Fort Collins and known as Tract H, Trail Head Subdivision, which was purchased by the City for park purposes (“City Property”), shown as “Tract H” on Exhibit “A” attached hereto and incorporated herein by this reference; and WHEREAS, Trail Head Homes, LLC (“Trail Head”) is the owner of that certain real property located in Fort Collins and known as Tract G, Trail Head Subdivision, which lies directly to the south of the City Property (“Trail Head Property”), shown as “Tract G” on Exhibit “A”; and WHEREAS, the boundary line between the City Property and the Trail Head Property is not uniform and City staff has determined this results in portions of the City Property being unconducive to park purposes by creating a pinch point along the southern boundary where virtually no park uses could occur; and WHEREAS, the Parks Planning & Development Department and Trail Head have negotiated an exchange of portions of these properties to straighten the boundary line, which will result in more uniform parcels of land that will allow the City and Trail Head to develop their respective properties in the most efficient and economical manner; and WHEREAS, the portions of the City Property that the City will convey total 9,272.06 square feet, have an estimated fair market value of $16,689.70, and are more particularly described as Parcel A and Parcel B on Exhibit “B” attached hereto and incorporated herein by this reference (“City Exchange Property”); and WHEREAS, the portion of the Trail Head Property that Trail Head will convey totals 9,272.32 square feet, has an estimated fair market value of $16,690.18, and is more particularly described as Parcel C on Exhibit “B” (“Trail Head Exchange Property”); and WHEREAS, the exchange will result in a net gain to the City of 0.26 square feet of land with an estimated value of $0.48; and WHEREAS, City staff has recommended that the City exchange these portions of property with no payment of money between the parties given the comparable values of the parcels; and WHEREAS, Section 23-111 of the City Code provides that City Council is authorized to sell, convey or otherwise dispose of real property owned by the City, provided the Council first finds by ordinance that such sale or 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: -2- 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 determines that the exchange of the portions of real property between the City and Trail Head is in the best interests of the City because the comparable values of the parcels effectively make this an equivalent transaction that will result in more uniform parcels, thereby benefiting the City’s residents by making the City’s Tract H more conducive to efficient park uses. Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to complete the conveyance of the City Exchange Property to Trail Head in exchange for the conveyance of the Trail Head Exchange Property to the City, 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 to be necessary and appropriate to protect the interests of the City and effectuate the purposes of this Ordinance, including, but not limited to, any necessary changes to the legal descriptions of the subject parcels as long as such changes 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 7th day of November, A.D. 2017, and to be presented for final passage on the 21st day of November, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 21st day of November, A.D. 2017. __________________________________ Mayor ATTEST: _____________________________ City Clerk WAGON TRAIL RD. ROARING CREEK DR. GREENFIELDS DR. EAST VINE DR. TRACT H 175,160 SF TRACT G 241,254 SF BLOCK 9 44,666 SF WESTERN SLOPE GAS CO. 50' GAS LINE EASEMENT 15' UTILITY EASEMENT 6' PRIVATE IRRIGATION EASEMENT 9' IRRIGATION EASEMENT 30' UTILITY EASEMENT 15' UTILITY EASEMENT 15' DRAINAGE & PRIVATE IRRIGATION EASEMENT 15' DRAINAGE EASEMENT 15' DRAINAGE EASEMENT 12.5' PUBLIC ACCESS EASEMENT EXHIBIT A A Westrian Company EXHIBIT B A Westrian Company A Westrian Company A Westrian Company A Westrian Company A Westrian Company