HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/04/2020 - SECOND READING OF ORDINANCE NO. 093, 2020, AUTHORIAgenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY August 4, 2020
City Council
STAFF
Keith Hanson, Real Estate Manager
Scott Phelps, Parks Sr. Manager
Shane Boyle, Civil Engineer III
Claire Havelda, Legal
SUBJECT
Second Reading of Ordinance No. 093, 2020, Authorizing the Conveyance of a Permanent Stormwater
Easement on the Southridge Golf Course to 6015 Timberline, LLC and Approving Related Maintenance
Obligations.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on July 21, 2020, authorizes the conveyance of a
stormwater easement on City-owned real property located at Southridge Golf Course at 5750 South Lemay
Avenue for the benefit of the Rennat Subdivision owned by 6015 Timberline, LLC.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, July 21, 2020 (w/o attachments) (PDF)
2. Ordinance No. 093, 2020 (PDF)
Agenda Item 10
Item # 10 Page 1
AGENDA ITEM SUMMARY July 21, 2020
City Council
STAFF
Keith Hanson, Real Estate Manager
Scott Phelps, Parks Sr. Manager
Shane Boyle, Civil Engineer III
Claire Havelda, Legal
SUBJECT
First Reading of Ordinance No. 093, 2020, Authorizing the Conveyance of a Permanent Stormwater Easement
on the Southridge Golf Course to 6015 Timberline, LLC and Approving Related Maintenance Obligations.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the conveyance of a stormwater easement on City-owned real property
located at Southridge Golf Course at 5750 South Lemay Avenue for the benefit of the Rennat Subdivision
owned by 6015 Timberline, LLC.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The City owns and operates Southridge Golf Course. An existing swale, which is approximately 300 feet long
by 22 feet wide, runs through a portion of the property (Attachment 1). This swale has historically provided
stormwater drainage from the adjacent property to the east (commonly referred to as the Rennat Subdivision)
across the golf course into underground City stormwater infrastructure (Attachment 2). This condition creates
certain rights that may rise to the level of what is known as a “prescriptive easement” in favor of the owner of the
upstream property to permit historic levels of drainage of surface and stormwater over downstream properties,
in this case the existing swale.
6015 Timberline, LLC intends to develop the Rennat Subdivision with residential housing and has submitted
plans to the City for review. Documentation of a legal right to convey developed volumes of surface and storm
water drainage easement is required to meet City development standards and permit approval of the Final
Development Plans FDP200006 for the Rennat Subdivision. Engineering calculations show that swale area
currently accommodating the existing historic prescriptive rights is sufficient for this development; therefore, the
proposed stormwater drainage easement will replace the prescriptive rights to use the existing swale.
Considering these circumstances, the conveyance of the express easement in return for the relinquishment of
any historic prescriptive rights is effectively an even trade of equivalent value. In addition, 6015 Timberline, LLC
will make the negotiated one-time payment of $15,200 for future anticipated costs to maintain the easement area
by City Golf staff.
CITY FINANCIAL IMPACTS
A one-time maintenance payment of $15,200 will be received and deposited in the City’s Golf budget.
ATTACHMENT 1
Agenda Item 10
Item # 10 Page 2
ATTACHMENTS
1. Map 1 (PDF)
2. Map 2 (PDF)
-1-
ORDINANCE NO. 093, 2020
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONVEYANCE OF A PERMANENT STORMWATER EASEMENT
ON THE SOUTHRIDGE GOLF COURSE TO 6015 TIMBERLINE, LLC AND APPROVING
RELATED MAINTENANCE OBLIGATIONS
WHEREAS, the City is the owner of a parcel of land known as Tract A of the Southridge
Golf Course (the “City Property”); and
WHEREAS, 6015 Timberline, LLC owns a tract of land commonly referred to as the
“Rennat Subdivision” that is adjacent to the east of the City Property; and
WHEREAS, the parties acknowledge that there have been historic surface water drainage
and stormwater flows o the City Property from the undeveloped Rennat Subdivision property onto
the Southridge Golf Course (the “Historic Drainage”); and
WHEREAS, 6015 Timberline, LLC intends to develop the Rennat Subdivision property
and is awaiting approval of its Final Development Plan FDP200006 (the “FDP”); and
WHEREAS, as a condition precedent to approval of the FDP for the Rennat Subdivision,
an express easement for surface water and stormwater flows from the property, as developed in
accordance with the FDP (the “Easement”) must be documented to meet City development
standards; and
WHEREAS, in order to satisfy the City’s development standards and permit approval of
the FDP, 6015 Timberline, LLC and the City have negotiated the Easement and Agreement with
Terms and Conditions attached hereto as Exhibit “A” and incorporated herein (the “Easement
Agreement”); and
WHEREAS, the location of the Easement is shown and described on Exhibit “C”, of the
Easement Agreement; and
WHEREAS, as reflected in the attached Easement Agreement, 6015 Timberline, LLC will
relinquish rights it may have in light of the Historic Drainage in consideration of the City’s grant
of the Easement; and
WHEREAS, in consideration of the City’s maintenance of the Easement in perpetuity as
set forth in the Easement Agreement, 6015 Timberline, LLC will pay the City the sum of $15,200;
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; and
WHEREAS, City staff recommends the grant of the Easement and approval of the
Easement Agreement.
-2-
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 Easement and
approval of the Easement Agreement as provided herein is in the best interests of the City and that
the consideration received by the City in the form of the relinquished rights that may arise from
the Historic Drainage is at least equal to the fair market value of the Easement as required by City
Code Section 23-114.
Section 3. That the Mayor is hereby authorized to execute the Easement Agreement
substantially in the form attached hereto with such modifications or 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 21st day of
July, A.D. 2020 and to be presented for final passage on the 4th day of August, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 4th day of August, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Easement – City Grantor Page 1 of 6
EASEMENT AND AGREEMENT
WITH TERMS AND CONDITIONS
THIS EASEMENT AND AGREEMENT WITH TERMS AND CONDITIONS (this
“Agreement”) is made and entered into this [_____] day of [______], 2020 (the “Effective
Date”), by and between THE CITY OF FORT COLLINS, COLORADO, a municipal
corporation, (“Grantor”), and 6015 TIMBERLINE, LLC, a Colorado limited liability
company (“Grantee”), whose address for purposes of this Agreement is 144 North Mason Street
# 4, Fort Collins, Colorado 80524
1. Grantor’s Property. Grantor is the owner of that certain parcel of real property located in
Larimer County, Colorado, which is legally described and shown on Exhibit A, consisting of
one (1) pages, attached to and made a part of this Agreement (“Grantor’s Property”).
2. Grantee’s Property. Grantee is the owner of that certain parcel of real property located in
Larimer County, Colorado, which is legally described on Exhibit B, consisting of one (1) pages,
attached to and made a part of this Agreement (“Grantee’s Property), which may also be referred
to as the “Rennat Subdivision”. Grantor agrees that the flow and/or drainage of naturally
occurring stormwater and surface drainage has historically run from Grantee’s Property through
Grantor’s property, giving rise to historic flow rights for the benefit of Grantee’s Property in an
undeveloped state. The general area of historic use, which gives rise to Grantee’s prescriptive
rights, is the same general area included as the legal description for the Easement (as defined
below) and legally described on Exhibit C, consisting of one (1) pages, attached to and made a
part of this Agreement (the “Easement Area”).
3. Grant of Easement – Consideration. For and in consideration of the covenants and
agreements herein set forth and the mutual benefits accruing to the parties hereto, and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged
by Grantor, Grantor hereby grants, sells and conveys to Grantee, its successors and assigns, a
perpetual, non-exclusive easement for the flow and/or drainage of surface water/stormwater (the
“Easement”) on, over, under, across and through the Easement Area as described more fully on
Exhibit C, for the benefit of and appurtenant to Grantee’s Property, subject to the conditions and
restrictions set forth below. This express Easement shall extinguish and replace all historic
prescriptive rights that may otherwise exist with respect to the Easement Area for the benefit of
Grantee’s Property.
4. Purpose and Uses of Easement. Grantee may use the Easement only for the purposes of
storm water and surface drainage from Grantee’s Property through the Easement Area, over,
upon, across, in, and through the Grantor’s Property.
5. Grantor’s Rights in Easement Area and Maintenance Obligation.
(a) Grantor reserves the right to use the Easement Area for purposes that will not
interfere with Grantee’s full enjoyment of the rights granted herein, including but
not limited to Grantor’s right to operate or allow others to operate utility
improvements within and a golf course on the surface of the Easement Area.
EXHIBIT A
Easement – City Grantor Page 2 of 6
(b) Grantor agrees not to install permanent buildings over the Easement Area.
However, so long as the same will not interfere with Grantee’s full enjoyment of
the rights granted herein, Grantor may plant or maintain permanent trees, shrubs
or other plant material in the Easement Area.
(c) Grantor agrees to maintain the Easement Area in perpetuity, so that at all times it
continues to function as intended. As consideration for Grantor’s maintenance
obligations, Grantee shall make a one-time payment of $15,200 to Grantor, due
and payable upon full execution and delivery of this Agreement.
6. Grantee’s Obligations Regarding Easement Area. Grantee acknowledges that this
Easement is granted by Grantor in connection with the development of the Rennat Subdivision in
accordance with the site’s approved Final Development Plan FDP200006 (the “FDP”). Grantee
agrees that additional or alternate development that materially varies from the FDP would
require additional review and approval by Grantor, in its discretion, and possible increased
maintenance costs owed to Grantor by Grantee.
7. Representations of Grantor. Grantor states that it is the lawful owner of the Grantor’s
Property, subject to all matters of record.
8. Recordation. Grantee will record this Agreement in the records of the Larimer County
Clerk and Recorder and furnish evidence of such recording to the Grantor no sooner than 10 days
after the second reading of the City Ordinance approving the Easement. This Agreement will not
be valid until it is recorded. If this Agreement has not been recorded with the Larimer County
Clerk and Recorder within three (3) months of the date of execution of this Agreement by the
Grantor, then this Agreement will be null and void and have no force and effect whatsoever, and
the parties will be relieved of any remaining obligations hereunder.
9. Indemnity. Grantee agrees to release and indemnify Grantor, its officers, agents,
employees, representatives, successors and assigns from and against all claims and liability,
including but not limited to Grantor’s reasonable legal fees and costs, including attorneys’ fees,
for claims for personal injury, death or property damage resulting from or arising out of any
actions or omissions by Grantee in violation of this Agreement.
10. Notices. Any notice or other communication relating to this Agreement must be in
writing and shall be deemed given (i) when delivered personally, or (ii) on the first business day
which is three (3) days following mailing by certified mail, return receipt requested and postage
prepaid, or (iii) the next business day after sending by a nationally recognized overnight delivery
service, and addressed to the party at its respective address as follows:
If to Grantee:
1650 Timberline, LLC
Attn: JD Padilia
144 North Mason Street # 4
Fort Collins, Colorado 80524
Easement – City Grantor Page 3 of 6
With a copy to:
Justin Pless
Pless Law Firm, LLC
250 Filmore Street, Ste. 150
Denver, CO 80206
If to Grantor:
Real Estate Services Manager
City of Fort Collins
Mailing Address:
P.O. Box 580
Fort Collins, CO 80522-0580
Hand Delivery:
300 Laporte Avenue, Bldg. B
Fort Collins, CO 80521
With a copy to:
City Attorney’s Office
City of Fort Collins
Mailing Address:
P.O. Box 580
Fort Collins, CO 80522-0580
Hand Delivery:
300 LaPorte Avenue
Fort Collins, CO 80521
The parties hereto may change their addresses by giving notice thereof to the other in
conformity with this provision.
12. Default and Litigation Expenses. If a party to this Agreement is in default in
performance of its respective obligations hereunder, the other party has the right to an action for
specific performance or damages or both. Prior to proceeding with any such action, the party not
in default must first send written notice to the defaulting party specifying the default and
affording such party a reasonable period (not to exceed ninety (90) days) to cure the default. In
the event a party defaults in any of its covenants or obligations and the party not in default
commences and substantially prevails in any legal or equitable action against the defaulting
party, the defaulting party expressly agrees to pay all reasonable expenses of the litigation,
including a reasonable sum for attorneys' fees or similar costs of legal representation.
13. Easements to Run with the Land. It is intended that the Easement, shall be an easement
appurtenant to Grantee’s Property, shall burden Grantor’s Property, shall run with the land and
create servitudes in favor of the real property benefited thereby in perpetuity, shall bind every
person having any fee, leasehold or other interest therein and shall inure to the benefit of
Grantee’s Property and shall bind every person having any fee, leasehold or other interest therein
including Grantee and its successors and assigns.
Easement – City Grantor Page 4 of 6
14. Additional Terms and Conditions.
(a) Whenever used herein, the singular number includes the plural, the plural the
singular; and the use of any gender is applicable to all genders.
(b) All of the covenants herein contained are binding upon and inure to the benefit of
the parties hereto, their personal representatives, successors and assigns.
(c) The parties intend and agree that this Agreement is to be construed and enforced
according to the laws of Colorado, that venue in any proceeding related to the
subject matter of this Agreement will be in Larimer County, Colorado, and that
this Agreement is binding upon the parties hereto and their trustees, heirs,
personal representatives, successors and assigns.
(d) If any term of this Agreement is determined by any court to be unenforceable, the
other terms of this Agreement shall nonetheless remain in full force and effect;
provided, however, that if the severance of any such provision materially alters
the rights or obligations of the parties, the parties shall engage in good faith
negotiations in order to adopt mutually agreeable amendments to this Agreement
as may be necessary to restore the parties as closely as possible to the initially
agreed upon relative rights and obligations.
IN WITNESS WHEREOF, Grantee has hereunder set its hand and seal the day and year first
above written; and Grantor has caused this Agreement to be executed by its Mayor, attested to by
its City Clerk, and its corporate seal to be hereunto affixed, all pursuant to Ordinance
No.[_____], passed on final reading by the City Council of the City of Fort Collins on the [___]
day of [_____________], 20[__].
Easement – City Grantor Page 5 of 6
GRANTOR:
THE CITY OF FORT COLLINS, COLORADO
a Municipal Corporation
Date: By:
_____________, Mayor
ATTEST:
City Clerk
________________________
(Printed name)
APPROVED AS TO FORM:
Assistant City Attorney
________________________
(Printed name)
STATE OF COLORADO )
) ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this ______ day of________,
________, by _______________as Mayor of the City of Fort Collins.
Witness my hand and official seal.
My Commission expires:
Notary Public
Easement – City Grantor Page 6 of 6
GRANTEE:
________________________,
a ______________________
Date: By:
___________________
STATE OF COLORADO )
) ss
COUNTY OF ____________)
The foregoing instrument was acknowledged before me this day of , ______, by
_______________________, [as _________________ for ____________________].
Witness my hand and official seal.
My Commission expires:
_______________________
Notary Public
Exhibit A
Grantor’s Property
Legal Description per County Assessor: TR A SOUTHRIDGE GOLF COURSE
Location Address: 5750 South Lemay Avenue, Fort Collins, CO 80525
Assessor Parcel Number: 8606351901
Map:
Easement Vicinity
Exhibit A
Page 1 of 1
EXHIBIT B
FORT COLLINS: 301 North Howes Street, Suite 100, 80521 | 970.221.4158
GREELEY: 820 8th Street, 80631 | 970.395.9880 | WEB: www.northernengineering.com
DESCRIPTION:
A tract of land being a portion of Tract A, Plat of Southridge Golf Course, located in the
Northwest Quarter of Section 7, Township 6 North, Range 68 West of the 6th P.M., City of Fort
Collins, County of Larimer, State of Colorado, and being more particularly described as follows:
Considering the West right-of-way line of Union Pacific Railroad, also being the East line of
Tract A, Plat of Southridge Golf Course as bearing North 00° 18' 38" West and with all bearings
contained herein relative thereto:
COMMENCING at the Southeast corner of Tract A, Plat of Southridge Golf Course, said point
also being on the West right-of-way line of Union Pacific Railroad; thence along said West line,
North 00° 18' 38" West, 804.15 feet to the POINT OF BEGINNING; thence, North 63° 53' 08"
West, 29.00 feet; thence, North 41° 39' 03" West, 71.08 feet; thence along a curve concave to the
South having a central angle of 72° 21' 19" with a radius of 30.00 feet, an arc length of 37.89 feet
and the chord of which bears North 77° 49' 43" West, 35.42 feet; thence, South 65° 59' 38" West,
69.09 feet; thence, South 70° 04' 05" West, 66.61 feet; thence, South 82° 01' 29" West, 27.57
feet; thence, South 86° 54' 20" West, 42.16 feet, more or less, to the West line of Tract A; thence
along said West line, North 00° 37' 48" East, 20.04 feet; thence departing said West line, North
86° 54' 20" East, 40.00 feet; thence, North 82° 01' 29" East, 24.62 feet; thence, North 70° 04' 05"
East, 63.80 feet; thence, North 65° 59' 38" East, 68.38 feet; thence along a curve concave to the
South having a central angle of 72° 21' 19" with a radius of 50.00 feet, an arc length of 63.14 feet
and the chord of which bears South 77° 49' 43" East, 59.03 feet; thence, South 41° 39' 03" East,
67.15 feet; thence, South 63° 53' 08" East, 15.13 feet, more or less, to the West right-of-way line
of Union Pacific Railroad; thence along said West line, South 00° 18' 38" East, 22.33 feet to the
POINT OF BEGINNING.
The above described tract of land contains 6,856 square feet, or 0.157 acres, more or less, and
may be subject to easements and rights-of-way now on record or existing.
LMS
July 8, 2020
S:\Survey Jobs\1204-003\Dwg\Exhibits\1204-003 Exhibit Descrption.docx
Page 1 of 2
AREA
6,856 sq. ft.
0.157 ac.
L7
L8
L9
L10
L11
C
2
L13
L14
L15
L1
L2
C1
L3
L4
L5
L6
UNION PACIFIC
RAILROAD
214.5'
TRACT A
SOUTH RIDGE
GOLF COURSE
LOT 14
LOT 15
LOT 16
LOT 17
LOT 18
LOT 13
LOT 12
LOT 11
LOT 10
SOUTH RIDGE GOLF COURSE
CENTER 1
4 CORNER
SECTION 7-6-68
N89°57'59"W
163.49'
N00°18'38"W
804.15'
WEST RIGHT-OF-WAY LINE
OF UNION PACIFIC RAILROAD
BASIS OF BEARINGS
CURVE TABLE
CURVE
C1
C2
DELTA
72°21'19"
72°21'19"
RADIUS
30.00'
50.00'
LENGTH
37.89'
63.14'
BEARING
N77°49'43"W
S77°49'43"E
CHORD
35.42'
59.03'
LINE TABLE
LINE
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L13
L14
L15
LENGTH
29.00'
71.08'
69.09'
66.61'
27.57'
42.16'
20.04'
40.00'
24.62'
63.80'
68.38'
67.15'
15.13'
22.33'
BEARING
N63° 53' 08"W
N41° 39' 03"W
S65° 59' 38"W
S70° 04' 05"W
S82° 01' 29"W
S86° 54' 20"W
N00° 37' 48"E
N86° 54' 20"E
N82° 01' 29"E
N70° 04' 05"E
N65° 59' 38"E
S41° 39' 03"E
S63° 53' 08"E
S00° 18' 38"E
POINT OF
COMMENCEMENT
SOUTHEAST CORNER
TRACT A
NOTE: THIS EXHIBIT IS NOT INTENDED TO BE A
MONUMENTED LAND SURVEY. ITS SOLE PURPOSE IS AS A
GRAPHIC REPRESENTATION TO AID IN THE VISUALIZATION
OF THE WRITTEN PROPERTY DESCRIPTION WHICH IT
ACCOMPANIES. THE WRITTEN PROPERTY DESCRIPTION
SUPERCEDES THE EXHIBIT DRAWING. PAGE 2 OF 2
ENGINEER ING
N O R T H E RN
PHONE: 970.221.4158
www.northernengineering.com
FORT COLLINS: 301 North Howes Street, Suite 100, 80521
GREELEY: 820 8th Street, 80631
EXHIBIT
A TRACT OF LAND BEING A PORTION OF TRACT A, PLAT OF SOUTHRIDGE GOLF COURSE,
LOCATED IN THE NORTHWEST 1/4 OF SECTION 7, TOWNSHIP 6 NORTH, RANGE 68 WEST
OF THE 6th P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
POINT OF
BEGINNING