HomeMy WebLinkAboutAgenda - Read Before Packet - 6/4/2013 - Power Point Agenda Item #28 - Ordinance No. 084, 2013- Temporary Construction Easement (Linden Bridges)1
Agenda Item #28
First Reading of Ordinance No. 084,
2013, Authorizing the Conveyance
of Four Easements, a Temporary
Construction Easement, and a
Revocable Permit on City Right-of-
Way and City-Owned Property
June 4, 2013
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This is a mixed use development at 418 Linden
Street consisting of one building with office
space, residential space, and a restaurant.
The plans for the development require an
Encroachment Easement on City ROW; a
Construction, Access, and Maintenance
Easement; a Drainage Easement; a Landscape
Easement; a Temporary Construction Easement;
and, a Revocable Permit on City-owned property.
All easements are permanent and non-exclusive
and are shown on attached Easement Exhibit.
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Encroachment Easement:
• This easement is for permanent improvements
constructed in the ROW in several locations.
• Improvements include a ramp, a small and
large staircase, a planter box, and an outdoor
deck for the restaurant.
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Construction , Access, and Maintenance
Easement:
• River bank stabilization and bank
reconstruction to meet design criteria of 100-
year flood event with two decorative retaining
walls.
• Includes improvements as per the City’s
Poudre River Enhancement Plan. Bank
stabilization benefits the City and the
development.
• This area provides a buffer and walking path
at top of bank as per Land Use Code.
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Construction , Access, and Maintenance
Easement: (continued)
• Improvements will be constructed by the
Developer. After approval, the City will repay
the Developer for river enhancement work that
benefits the City.
• Developer responsible for maintenance of all
improvements except the bridge protection,
which the City will maintain.
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Drainage Easement:
• An easement to carry the project’s
development flows, including the flows from
the adjoining property.
• Flows will be carried in an 18 inch pipe under
the City property to the Poudre River.
• Area of drainage easement is located within
the Construction, Access, and Maintenance
Easement area.
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Temporary Construction Easement:
• The bank stabilization work needs to be
accessed through the river.
• Work will cause minimal disturbance to the
river bed.
• Easement is for a two year period and the area
is shown on the attached Easement Area
Exhibit.
• Prior to any work, Developer must obtain
current Floodplain Use Permit.
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Revocable Permit for up to 20 years:
• Developer has requested this permit to trim
existing trees to improve the river view.
• Prior to commencing work during the permit
period, the Developer must obtain a current
Forestry Permit.
• In addition, Developer is also required to
obtain a current Floodplain Use Permit.
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Compensation
Encroachment Easements:
• Property values on Linden Street have
increased over the last two years.
• Due to recent sales, market value for this
easement is based on $19.50/SF.
• Total easement value of encroachment areas
is $13,449.
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Compensation (continued)
• City does not have adequate policy on how to
process or value permanent easements in the
ROW.
• Staff will bring an ordinance to Council for this
policy prior to the end of 2013.
• Until this policy is approved, easements will
be charged at market value. Developer will be
charged $13,449 or the approved policy
amount.
• Compensation from the Developer is not due
until the policy is adopted or 12/31/2013.
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Compensation (continued)
Other Easements
• City’s practice is to charge for easements
based on estimated market value.
• Majority of affected City-owned property is
located in the floodway.
• In consultation with area appraisers, value is
set at $5,000 per acre for the floodway and
floodplain zones.
• Exception is about one-half of the area in the
Construction, Access, and Maintenance
Easement area, which is valued at $10/SF.
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Compensation (continued)
• This area is non-developable on its own;
however, it is more valuable due to the
enhancement to the adjoining development.
• The total value for all the other easements on
City-owned property is $17,675.
Staff Recommendation:
• Due to enhanced river bank, landscaping and
tree trimming improvements, staff
recommends not charging for these
easements.
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Questions