HomeMy WebLinkAbout008 - 01/19/2021 - AUTHORIZING CONVEYANCE OF A PERMANENT NON-EXCLUSIVE DRAINAGE EASEMENT ON PROPERTY JOINTLY OWNED BY T ORDINANCE NO. 008, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING CONVEYANCE OF A PERMANENT NON-EXCUSIVE DRAINAGE
EASEMENT ON PROPERTY JOINTLY OWNED BY THE CITY AND THE CITY OF
LOVELAND AT THE NORTHERN COLORADO REGIONAL AIRPORT FOR THE
NEW VETERANS' AFFAIRS CLINIC
WHEREAS, the City of Fort Collins ("City") and the City of Loveland ("Loveland")
(collectively, the "Cities")jointly own property located in Loveland (the"Airport Property")
known as the Northern Colorado Regional Airport (the "Airport") and
WHEREAS, the Cities currently operate and maintain the Airport pursuant to that
certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the
Fort Collins-Loveland Airport dated January 22, 2015, as amended (the "IGA"); and
WHEREAS, in connection with the planned development of certain undeveloped real
property adjacent to the Airport and legally described on Exhibit "A" attached hereto and
incorporated herein by this reference (the "Benefitted Property") by Byrd Drive Development,
LLC,("Developer"),Developer has requested a permanent non-exclusive easement for stormwater
and surface drainage(the "Easement") over and across that portion of the Airport Property legally
described and depicted on Exhibit `B" attached hereto and incorporated herein by this reference
(the "Easement Property"); and
WHEREAS,stormwater and surface drainage from the Benefitted Property has historically
run over and across the Airport Property in the general vicinity of the Easement Property, giving
rise to a claim of historic flow rights under Colorado common law in favor of the Benefitted
Property in an undeveloped state, although no documentation of a drainage easement exists; and
WHEREAS, Developer's plans to develop the Benefitted Property include on-site
stormwater detention and metering of stormwater and surface flows from the Benefitted Property
onto the Airport Property and improvements to direct such stormwater into an improved swale in
lieu of the historic drainage path across the Airport Property (collectively, the "Easement
Improvements"); and
WHEREAS, Developer agrees to relinquish any claim to historic flow rights under
Colorado common law and complete the Easement Improvements to mitigate the impact of
developed flows across the in return for a permanent non-exclusive easement for storm drainage
over and across the Easement Property on the terms and conditions more fully set forth in the
Agreement for Permanent Non-Exclusive Drainage Easement attached hereto as Exhibit "C" and
incorporated herein by reference (the"Easement Agreement") ; and
WHEREAS, City Code Section 23-111(a) authorizes the City Council to sell, convey
or otherwise dispose of any interest 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 interest of
the City.
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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 City's conveyance of the
Easement to the Developer on the terms and conditions set forth in the Easement Agreement
serves a bona fide public purpose and is in the best interests of the City and that the
consideration received by the City in the form of the relinquished claim of historic common
law drainage rights across the Airport Property and the obligation to construct the Easement
Improvements to limit the impact and location of stormwater flows to the Easement Property
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 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
description of such Property Interests, 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 5th day
of January, A.D. 2021, and to be presented for final passage on th day of January, AD.
2021.
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Passed and adopted on final reading on the 19th day of January, AD 2021.
Mayor
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