HomeMy WebLinkAbout2012-101-11/06/2012-AUTHORIZING A REVOCABLE PERMIT FOR BRINKMAN CONSTRUCTION, INC. TO ACCESS CITY PROPERTY TO COMPLETE M RESOLUTION 2012-101
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A REVOCABLE PERMIT FOR BRINKMAN CONSTRUCTION, INC.
TO ACCESS CITY PROPERTY TO COMPLETE MITIGATION ACTIVITIES FOR THE
CONSTRUCTION OF TILDEN STREET
WHEREAS,the City is the owner of a parcel of real property located at 2313 Kechter Road
in Fort Collins, Colorado, identified in the County records as parcel number 86080-00-913 (the
"City Property"); and
WHEREAS,the City Property is approximately 16 acres in size and is managed by the City's
Real Estate Services Department as part of the Land Bank Program; and
WHEREAS,Brinkman Construction,Inc.,(the"Developer")is constructing a development
adjacent to the City Property known as Kechter Crossing (the "Development"); and .
WHEREAS, on March 18, 2008,the City Council passed Ordinance 030, 2008 authorizing
the dedication of a strip of property on the west boundary of the City Property as right-of-way for
Tilden Street as part of the Development; and
WHEREAS, the Developer plans to construct improvements to Tilden Street as part of the
Development; and
WHEREAS,as a condition of dedicating the right-of-way,City staff has asked the Developer
to relocate and install elsewhere on the City Property a number of City-owned site improvements
currently within the Tilden Street right-of-way as shown on Exhibit"A", attached and incorporated
herein by reference (the "Mitigation Plan"); and
WHEREAS, the Developer has requested a revocable permit to access the City Property to
complete the activities outlined on the Mitigation Plan; and
WHEREAS,the permit area would be in the location labeled"Permit Area"on Exhibit"A";
and
WHEREAS, it is in the City's best interest for the Developer to complete the requested
activities; and
WHEREAS,Article XI,Section 10 of the City Charter authorizes the City Council to permit
the use or occupancy of any street, alley, or public place, provided that such permit shall be
revocable by the City Council at its pleasure, whether or not such right to revoke is expressly
reserved in such permit.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds that the granting of a revocable permit,
as described herein, is in the best interests of the City.
Section 2. That the City Manager is hereby authorized to execute such documents as are
necessary to grant a revocable permit to Brinkman Construction, Inc., on terms and conditions
consistent with this Resolution, together with such additional terms and conditions as the City
Manager, in consultation with the City Attorney, determines to be necessary and appropriate to
protect the interests of the City or to effectuate the purposes of this Resolution, including any
necessary corrections to the description of the Permit Area, as long as such changes do not
materially increase the size or change the character of the Permit Area.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of November A.D. 2012.
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ATTEST:
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Exhibit "A"
Mitigation Activities Plan
E\PROJECT FILES\LAND\2463< KECHTER BRINKMAN\03 EBHIEITS\2012-02-15 CITY LOT L 0
UT\2453,4 CITY LOT EXHIBITSBWG, 2/17/2012 329 PM
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