HomeMy WebLinkAbout087 - 08/16/2022 - AUTHORIZING THE EXCHANGE OF STORMWATER EASEMENTS BETWEEN THE CITY OF FORT COLLINS AND SUN FOOTHILLSORDINANCE NO. 087, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXCHANGE OF STORMWATER EASEMENTS BETWEEN THE
CITY OF FORT COLLINS AND SUN FOOTHILLS FORT COLLINS, LLC
WHEREAS, the City is the owner of a parcel of undeveloped real property located south
of Trilby Road and east of South College Avenue as shown and described on Exhibit "A", attached
and incorporated herein by reference, that is part of the City's Affordable Housing Land Bank
Program (the "City Property"); and
WHEREAS, Sun Foothills Fort Collins, LLC ("Sun") intends to develop housing on a
parcel of land directly to the north and adjacent to the City Property as shown and described on
Exhibit "B", attached and incorporated herein by reference (the "Sun Property"); and
WHEREAS, Sun has requested a stormwater drainage easement on a 1.07 acre portion of
the City Property where stormwater has historically flowed, as shown and described on Exhibit
"C", attached and incorporated herein by reference (the "Sun Easement"), because Sun's
development will increase the water flow in this path beyond the historic volumes; and
WHEREAS, to obtain its development approvals Sun is also required to construct a
stormwater retention pond on 7.84 acres of the Sun Property; and
WHEREAS, the purpose of the Affordable Housing Land Bank Program is to acquire and
hold land for future development of affordable housing; and
WHEREAS, when the City Property eventually develops, it will also need to provide
stormwater retention; so, in exchange for the City conveying a stormwater easement to Sun, Sun
has agreed to convey an easement to the City for the benefit of the City Property, that will allow
the City Property to divert stormwater into the pond on the Sun Property, as shown and described
on Exhibit "D", attached and incorporated herein by reference (the "City Easement"), leaving more
land available for development on the City Property; and
WHEREAS, as part of this easement exchange Sun will maintain its pond as well as its
stormwater drainage improvements on the City Property; and
WHEREAS, the value of the City Easement is at least equal to if not exceeding the value
of the Sun Easement, so no additional compensation from Sun to the City for the Sun Easement is
required; and
WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell,
convey, or otherwise dispose of any interest 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 1T 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 Sun Easement
in exchange for the City Easement on the terms and conditions described herein is in the best
interests of the City.
Section 3. That the City Council hereby authorizes the Mayor to execute a Reciprocal
Stormwater Drainage Easement Agreement to convey the Sun Easement to and accept the City
Easement from Sun, 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, including, but not
limited to, any necessary changes to the legal descriptions of the Easements, as long as such
changes do not materially increase the size or change the character of the interests to be conveyed.
Introduced, considered favorably on first reading and ordered published this 19th day of
July, A.D. 2022, and to be presented for final passage on the 16th day of August, A.D. 2022.
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Mayor7P—ro Te
ATTEST:
City Clerk l ��
Passed and adopted on final Nq4'M this 16th day
ATTEST:
City Clerk
SEAL :N
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