HomeMy WebLinkAbout093 - 08/04/2020 - AUTHORIZING THE CONVEYANCE OF A PERMANENT STORMWATER EASEMENT ON THE SOUTHRIDGE GOLF COURSE TO 6015 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.
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 passa a on the 4th da o August, A.D. 2020.
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Passed and adopted on final reading on this 4th day of August, A.D. 2020.
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