RFCA - O-2008-29 REQUEST FOR COUNCIL ACTION

ORDINANCE: O-2008-29

SUBJECT: Ordinance authorizing conveyance of an easement to Consolidated Mutual Water Company for a water line on the eastern edge of the Solterra development.

LOCATION: Eastern buffer of the Solterra development. Northern portion of Tract H, Solterra Subdivision Filing No. 2.

RECOMMENDATION: Staff recommends approval of this ordinance authorizing conveyance of the easement to Consolidated Mutual Water Company.

FUNDING SOURCE: N/A

SUMMARY AND BACKGROUND OF SUBJECT MATTER: Consolidated Mutual Water Company has requested a permanent easement for a water line within the eastern buffer of the Solterra development. Prior to the City receiving ownership of this buffer area, the property owner granted a temporary easement to Consolidated for the construction of water lines. This temporary easement encumbers the entire eastern buffer and remains in affect until a permanent easement is granted. The proposed permanent easement has been reduced to the minimum length and width necessary for the water line (approximately 350 linear feet, 10,500 square feet).

The buffer area is the north-south open space and trail corridor that connects Forsberg Iron Spring Park with Coyote Gulch Park. Two cul-de-sacs terminate adjacent to the buffer, providing pedestrian access to the open space and park. Due to the lengths of these cul-de-sacs, it was determined that the water lines should be connected to form a loop. This eliminates the potential for two dead end lines which could present issues with water quality, as well as service and fire protection availability in case a water line problem occurs. The water line is underground, presenting no visual or physical encumbrance to the citizens who will be enjoying the open space corridor.

The buffer was conveyed to the City for "open space or park purposes", as part of Solterra Subdivision, Filing No. 2, which was approved in July of 2007. The lot and street layout for the adjacent area (which finalized utility locations within this eastern buffer) were not approved until April of 2008. These types of utility easements are typically created as a routine part of the subdivision process. In this case, the City desired to establish ownership of the eastern buffer with the initial vesting of property rights, thus necessitating the creation of this easement by Council ordinance.

DATE OF FIRST READING: October 27, 2008

DATE OF SECOND READING: November 10, 2008

ORIGINATED BY: Property and Purchasing Division Manager

STAFF PERSON RESPONSIBLE: Adrian Stanciu, Property and Purchasing Division Manager, 303-987-7659

DOCUMENTS ATTACHED: Ordinance O-2008-29
Map

SUBMITTED BY:
Adrian Stanciu, Property and Purchasing Division Manager
Larry Dorr, Director of Finance

REVIEWED BY:
Joni Inman, Director, Mayor and City Manager's Office
Michael J. Rock, City Manager