Department of Community Development
Reference: Farmlore and Barr Lake Grant of Easements
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Emma Lane, Senior Planner - Historic Preservation
Date Prepared: February 16, 2023
PURPOSE
The Grant of Easement documents (“Easements”) before the City Council are for the purpose of granting perpetual easements over City of Brighton property to United Power, Inc. (the “Applicant”) for the purpose of installing utility power lines. The first easement, for the benefit of the Farmlore Development, will encompass three parcels of City-owned property. Two parcels are along the east side of Chambers Road, with one on the north side of Indigo Drive, and one on the south side of Indigo Drive, extending to East 144th Avenue. The third parcel is along the south side of 144th Avenue, just east of the 19th Avenue alignment (the “Farmlore Properties”). The second easement, which is in proximity to Barr Lake, encompasses one parcel of City-owned land, located to the northeast of Barr Lake (the “Barr Lake Property”). The proposed areas are currently owned by the City, with no easements. In order to legally construct the needed improvements, the Applicant is requesting these two Easements.
If the Easements are approved, the Applicant may then proceed to construct the needed improvements, and will be able to perpetually access the improvements for any maintenance or repair needs.
BACKGROUND
The Applicant is requesting easements across the Farmlore Properties for the benefit of the Farmlore development. As required with the Farmlore development, several roads must be improved and expanded. Both Chambers Road and East 144th Avenue will be widened with this development. In widening the roads, the existing utilities are required to be relocated. Rather than locating these utilities within the Right-of-Way (ROW) for Chambers Road and East 144th Avenue, the Applicant is requesting that they be located just outside the ROW in easements, which allows for maintenance and repair without disruption to the constructed roads.
The Applicant is requesting an easement across the Barr Lake Property for the benefit of the Farmers Reservoir and Irrigation Company (FRICO). FRICO is in the process of building a lift station on their property and requires power in the form of utility lines. These utility lines will cross the Barr Lake Property and require an easement from the City in order to construct the lines.
CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM
Grant of Easement:
When reviewing the Easements, the City Council should consider whether the best interests of the City will not be prejudiced by the granting of the Easements.
STAFF ANALYSIS
The request of the Applicant for the Easements, to benefit both the Farmlore development and FRICO, is reasonable, and does not prejudice the best interests of the City. As mentioned above, the Farmlore Properties require the easements to complete the improvements to Chambers Road and East 144th Avenue, and locating the utility lines within easements rather than ROW allows for less disturbance to the roadway infrastructure when maintenance and repairs are needed. The Barr Lake Property easement will not prejudice the best interests of the City by the installation of the utility lines across the property. It should be noted that FRICO has been a long-standing partner of the City.
STAFF RECOMMENDATION
City staff finds that the Easements do not prejudice the best interests of the City, and therefore recommends approval of the Easements by City Council. The easement agreements have been reviewed and approved by the City Attorney’s Office.
OPTIONS FOR COUNCIL CONSIDERATION
The City Council has four options when reviewing the Farmlore Grant of Easement. City Council may:
1.) Approve the Grant of Easement via Ordinance as drafted;
2.) Approve a modified Grant of Easement via Ordinance;
3.) Deny the Ordinance with specific findings to justify the denial; or
4.) Continue the item to be heard at a later, specified date if the Council feels it needs additional information to ensure compliance with the approval criteria.
The City Council has four options when reviewing the Barr Lake Grant of Easement. City Council may:
5.) Approve the Grant of Easement via Ordinance as drafted;
6.) Approve a modified Grant of Easement via Ordinance;
7.) Deny the Ordinance with specific findings to justify the denial; or
8.) Continue the item to be heard at a later, specified date if the Council feels it needs additional information to ensure compliance with the approval criteria.
*Please note: While the Staff Report and Staff Presentation are combined, the Grant of Easement documents are separate and will be voted on as separate items.
ATTACHMENTS
● Draft Ordinance for Approval of the Barr Lake Grant of Easement
● Partially Executed Barr Lake Grant of Easement
● Draft City Staff Presentation