HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/04/2020 - FIRST READING OF ORDINANCE NO. 099, 2020, AUTHORIZAgenda 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.
Agenda Item 14
Item # 14 Page 2
ATTACHMENTS
1. Location Map (PDF)
ATTACHMENT 1
City Property
2554 Midpoint Drive
2536 Midpoint
Drive
Proposed Access
Easement
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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.
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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