The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 04/19/2011 - FIRST READING OF ORDINANCE NO. 050, 2011, AUTHORIZ DATE : April 19 , 2011 STAFF : Helen Matson - rim First Reading of Ordinance 050 , 2011 , Authorizing the Conveyance of Two Pedestrian and Access Easements on City Right-of-Way Adjacent to 200 South College Avenue to 314 E . Mountain , LLC . EXECUTIVE SUMMARY 314 E . Mountain , LLC ("Owner") recently purchased the first floor of the condominium building at 200 South College Avenue , located at the southeast corner of College Avenue and Oak Street. The Owner is making some modifications to the first floor, some of which are on the outside of the structure . Since the property line for this building is only about a foot from the lot line , these structure modifications will be in the City right-of-way (sidewalks of College and Oak) . The Owner has requested two pedestrian and access easements to allow the installation of stairs and ramps within the right-of-way on the north side of the building (Oak Street) . BACKGROUND / DISCUSSION When this building was constructed in 2005 , concrete steps and a ramp were constructed at the northwest corner of the building . The Owner's remodel plans call for a new door in the middle of the north side of the building . Along with the door, there are planned steps and a ramp to be constructed on the sidewalk. When the existing steps and ramp were constructed , their encroachment in the right-of-way was authorized through a revocable permit. The Owner' s architect applied for a revocable permit for the construction of the new steps and ramp . However, given the permanent nature of the improvements , the City determined that the granting of a permanent easement is more appropriate . The easement for the new improvements would be terminable if the improvements are never built and either easement would be terminable if the improvements within it are ever permanently removed . This easement request includes the existing steps and ramp and the planned steps and ramp . The area of the existing step and ramp is 85 square feet and the area of the planned steps and ramp is 195 square feet, for a total of 280 square feet. The impact to the existing sidewalk is minimal . The sidewalk on East Oak Street is approximately 20 feet wide . The door landing and steps will extend ten feet onto the sidewalk, which will leave an unencumbered sidewalk of 10 feet at the widest portion of this request. The construction will match the existing ramp and steps . FINANCIAL / ECONOMIC IMPACTS The consideration for this easement request is $4 , 900 . The value of the easement area was calculated at $ 17 . 50 per square foot. Real Estate Services staff set this value after consulting with a certified general appraiser. In addition to the easement payment, the Owner will pay an easement processing fee of $ 1 , 000 . STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading . ATTACHMENTS 1 . Location Map . Attachment 1 200 S . College Pedestrian and Access Easement Location Ma OAK STREET E OAK ST PLAZA }L 200 SOUTH COLLEGE b � � bF Wi w v AGGIETHEATRE DF- 2iz b D H O J W j CC0 Q Z W < O C� Q H a O Z H 2 U W w W co CY F- 14 O O z w W OLIVE ST E OLIVE ST * Easement Locations N ORDINANCE NO. 050, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF TWO PEDESTRIAN AND ACCESS EASEMENTS ON CITY RIGHT-OF-WAY ADJACENT TO 200 SOUTH COLLEGE AVENUE TO 314 E. MOUNTAIN, LLC. WHEREAS, the City is the owner of the Oak Street right-of-way adjacent to 200 South College Avenue (the "Building"); and WHEREAS,314 E.Mountain,LLC("Owner")recently purchased space at the Building and is planning to modify the first floor and the outside of the Building; and WHEREAS,the Owner has requested pedestrian and access easements from the City for an existing set of steps and ramp and for a new set of steps and a ramp located in the right-of-way on the north side of the Building (the "Easements"); and WHEREAS, the Easements are described and shown on Exhibit "A", attached and incorporated herein by this reference; and WHEREAS, the existing steps and ramp were installed pursuant to a revocable permit previously issued by the City; and WHEREAS, because the existing and proposed steps and ramps are permanent improvements, they are more appropriately authorized through permanent easements rather than a revocable permit; and WHEREAS, the proposed Easements would terminate if the improvements for which the Easements are granted are not built or are ever permanently removed; and WHEREAS,the Owner has agreed to pay the City$4,900 for the Easements and$1,000 for processing the easement request; and, WHEREAS, Section 23-111 of the City Code authorizes the City Council to sell,convey,or otherwise dispose of any and all interests 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 conveyance of the Easements to the Owner, as set forth herein, is in the best interests of the City. Section 2. .That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easements on terms and conditions consistent with this Ordinance, along - with such additional items and conditions as the City Manager, in the consultation with the City Attorney,determines to be necessary or appropriate to protect the interests of the City,including,but not limited to, any necessary changes to the legal description of the Easements, as long as such changes to not materially increase the size or change the character of the Easements. Introduced, considered favorably on first reading, and ordered published this 19th day of April, A.D. 2011, and to be presented for final passage on the 3rd day of May, A.D. 2011. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 3rd day of May, A.D. 2011. Mayor ATTEST: City Clerk ADDRESS: PHONE:970RT1.4156 NORTHERN WEBSITE: Fort ENGINEERING S.eans,CAve.suite100 orC08a5T4 FAXi970.221A159 www,nortAsrnenginesrtriq.com Exhibit A Page 1 of 4 DESCRIPTION: A pedestrian easement being a portion of Oak Street Public Right of Way per The Original Town of Fort Collins Plat,located in the Southwest quarter of Section 12, Township 7 North,Range 69 West of the Sixth Principal Meridian,City of Fort Collins, County of.Larimer, State of Colorado being more particularly described as follows; Considering the North line of Lot 9, Block 122,The Original Town of Fort Collins Plat as bearing North 89°23'42"East,and with all bearing contained herein relative thereto: BEGINNING at the Northwest Corner of said Lot 9;thence,North 00031'06"West, 5.38 feet; thence,North 89"20'37"East,9.38 feet;thence, South 00039'23"East,0.92 feet;thence,North 89°20'37"East,7.67 feet;thence,South 00°39'23"East,4.48 feet to a point on the North line of said Lot 9;thence along said North line,South 89°23'42" West; 17.06 feet to the POINT OF BEGINNING. The above described easement contains 85 square feet more or less and is subject to all easements and rights-of-way now on record or existing. March 15,2011 CNS 9;1Documents,and$ett1.48s1pdy psktop.WQ13Ea asement.docx__.. __ ._------ -- ----------..- EXHIBIT A Page 2 of 4 A PEDESTRIAN EASEMENT BEING A PORTION OF OAK STREET PUBLIC RIGHT OF-WAY PER THE ORIGINAL TOWN OF FORT COLLINS PLAT,CITY OF FORT COLLINS,COUNTY OF LARIMER,STATE OF COLORADO. OAK STREET PEDESTRIAN N69'20'37•E EASEMENT 9.3e' 85 s .ft. so0.39'23•E 4 0.02' NB970'37"E N0037'06"W 7.67 3.36 50039'23"E POINT OF "„ z ,. 4.46' N8902342"E BEGINNING (BASIS OF BEARING) s69'23'42•w NORTHHESi CORNER 17,06' NORTH LOT LINE OF LOT 9 OF LOT 9 LOT B j BLOCK 122 z THE ORIGINAL w TOWN OF FORT COLLINS w C7 w LOT 10 BLOCK 122 THE ORIGINAL TOWN OF FORT COLLINS 10 0 10 Feet NORTH IIIIIIIIIIIII601= + NORTHEj C IN FEET} I ENGINEER 1 Inch a 10 ft. l0oey.^Yxa ADDRESS: PHONE:970.221.4158 N NORTHERN 200 S.College Ave. Suite100 WEBSITE: ENGINEERING Fort Collins,CO80524 FAX:970.221.4159 wavi.norlhemengineering.cain Exhibit A Page 3 of 4 DESCRIPTION: A pedestrian easement being a portion of Oak Street Public Right of Way per The Original Town of Fort Collins Plat, located in the Southwest quarter of Section 12, Township 7 North,Range 69 West of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows; Considering the North line of Lot 9,Block 122,The Original Town of Fort Collins Plat as bearing North 89°23'42"East, and with all bearing contained herein relative thereto: Commencing at the Northwest corner of said Lot 9;thence along the North line of said Lot 9,North 89023'42"East, 53.78 feet to the POINT OF BEGINNING; thence departing said North line, North 00'36'18"West, 6.02 feet;thence, North 89°23'42" East,22.70 feet;thence,North 00*36'18"West, 4.44 feet;thence,North 89°23'42" East, 5.53 feet; thence, South 00'36'18"East, 10.46 feet to a point on said North line; thence along said North line, South 89°23'42"West,28.23 feet to the POINT OF BEGINNING. The above described easement contains 195 square feet more or less and is subject to all easements and rights-of-way now on record or existing. March 15, 2011 CNS C:\Documents and Settings\wdy\Desktop\NOB East Easement.docx EXHIBIT A Page 4 of 4 FA ESTRIAN EASEMENT BEING A PORTION OF OAK STREET PUBLIC OF-WAY PER THE ORIGINAL TOWN OF FORT COLLINS PLAT, CITY FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. SO°36'18"E D. ' N89'23'42"E PEDESTRIAN 5.53' EASEMENT 195 sq.ft. n N0036'18'W . 4.44' � 3 a r m ' Z . Y ' . POI NT OF BEGINNING N0036'18'W. 6.02' Z NORTH LOT LINE f.. OF LOT 9 w Q w w � m Y O LOT 9 LOT 10 BLOCK 122 BLOCK 122 Q THE ORIGINAL THE ORIGINAL m TOWN OF FORT COLLINS TOWN OF FORT COLLINS LLI CV V M N CID 00 Z POINT OF COMMENCEMENT NORTHWEST CORNER OF LOT 9 COLLEGE AVENUE '° ° '° Feet ®NORTH N I NORTHERN IN FEET ) ENGINEERING 1 Inch — 10 ft. am,rd....au.m rxone�au..r...�nna