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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 08/18/2020 - SECOND READING OF ORDINANCE NO. 099, 2020, AUTHORIAgenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY August 18, 2020 City Council STAFF Keith Hanson, Real Estate Manager David Pearson, Police Lieutenant Ryan Malarky, Legal SUBJECT Second Reading of Ordinance No. 099, 2020, Authorizing the Conveyance of an Emergency Access Easement on 2554 Midpoint Drive to 2536 Midpoint Drive, LLC. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on August 4, 2020, authorizes the conveyance of an emergency access easement to 2536 Midpoint Drive, LLC on City-owned real property located at 2554 Midpoint Drive. In exchange, 2536 Midpoint Drive, LLC will convey a similar emergency access easement to the City on its adjacent real property located at 2536 Midpoint Drive. The easements will satisfy regulatory requirements to allow fire trucks and other emergency service vehicles to enter one property and exit from the other. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary (w/o attachments) (PDF) 2. Ordinance No. 99, 2020 (PDF) Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY August 4, 2020 City Council STAFF Keith Hanson, Real Estate Manager David Pearson, Police Lieutenant Ryan Malarky, Legal SUBJECT First Reading of Ordinance No. 099, 2020, Authorizing the Conveyance of an Emergency Access Easement on 2554 Midpoint Drive to 2536 Midpoint Drive, LLC. EXECUTIVE SUMMARY The purpose of this item is to authorize the conveyance of an emergency access easement to 2536 Midpoint Drive, LLC on City-owned real property located at 2554 Midpoint Drive. In exchange, 2536 Midpoint Drive, LLC will convey a similar emergency access easement to the City on its adjacent real property located at 2536 Midpoint Drive. The easements will satisfy regulatory requirements to allow fire trucks and other emergency service vehicles to enter one property and exit from the other. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION 2536 Midpoint Drive, LLC submitted construction plans to the City for improvements to the existing building on its property at 2536 Midpoint Drive. As part of the City’s development review process, Poudre Fire Authority (PFA) reviewed the plans for regulatory compliance. Fire truck access is required to be within 150 feet of all portions of the exterior of the building. Since this cannot be achieved at this location measured from Midpoint Drive, a fire lane will be necessary. Any fire lane greater than 150 feet requires a turn-around or an easement to utilize the adjacent property’s drive aisle. In this instance, the fire lane would be greater than 150 feet from the building and there would not be enough room to create a turn-around. 2536 Midpoint Drive, LLC has requested an emergency access easement over the drive aisle of the City’s adjacent property located at 2554 Midpoint Drive, which is occupied by the Fort Collins Police Services. As consideration for the conveyance of the emergency access easement from the City, 2536 Midpoint Drive, LLC will convey a similar emergency access easement over its property to the City. The exchange of easements will benefit both properties by allowing fire trucks and other emergency service vehicles to drive in one property and out the other without having to turn around. Police Services has no objections to the easements. Approval and execution of the Emergency Access Cross-Easement Agreement will effectuate the conveyance of both easements. CITY FINANCIAL IMPACTS As both easements are nearly identical, the conveyance of easements to each other is an equal value exchange and no monetary consideration will be required. ATTACHMENT 1 Agenda Item 14 Item # 14 Page 2 ATTACHMENTS 1. Location Map (PDF) -1- ORDINANCE NO. 099, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF AN EMERGENCY ACCESS EASEMENT ON 2554 MIDPOINT DRIVE TO 2536 MIDPOINT DRIVE, LLC WHEREAS, the City is the owner of a parcel of land located at 2554 Midpoint Drive, Fort Collins, Colorado (the “City Property”); and WHEREAS, 2536 Midpoint Drive, LLC (the “LLC”) owns a parcel of land adjacent to the City Property and located at 2536 Midpoint Drive, Fort Collins, Colorado (the “LLC Property”); and WHEREAS, the LLC has submitted construction plans to the City for improvements on the LLC Property and, as part of the development approval process, the LLC must include a fire lane for emergency access; and WHEREAS, because the length of this fire lane exceeds 150 feet, Poudre Fire Authority requires that a turnaround be constructed at the end of the fire lane or that an easement be established to allow the use of the existing drive aisle on the adjacent City Property; and WHEREAS, the LLC has requested an easement on the City Property to allow for such use, in the location shown and described on Exhibit “A”, attached and incorporated by this reference (the “City Easement”); and WHEREAS, in exchange for the City’s granting of the City Easement; the LLC will grant to the City a nearly identical easement on the LLC Property for emergency access, the location of which is also shown on Exhibit “A” (the “LLC Easement”); and WHEREAS, the LLC Easement will benefit the City by allowing improved access for fire trucks and other emergency vehicles onto the City Property; and WHEREAS, because the City Easement and the LLC Easement are nearly identical, the mutual conveyance of the easements is an equal value exchange requiring no monetary consideration; 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 finds that the conveyance of the City Easement to the LLC as provided herein is in the best interests of the City. -2- Section 3. That the Mayor is hereby authorized to execute such documents as are necessary to convey the City Easement to the LLC 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 or effectuate the purposes of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 4th day of August, A.D. 2020 and to be presented for final passage on the 18th day of August, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on this 18th day of August, A.D. 2020. __________________________________ Mayor ATTEST: _____________________________ City Clerk