File #: ID-311-17    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 8/25/2017 In control: City Council
On agenda: 9/19/2017 Final action:
Title: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, VACATING AN EASEMENT, SITUATED IN THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 67 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF BRIGHTON, ADAMS COUNTY, COLORADO
Attachments: 1. City Council Ordinance 17.09.05_Orchard Church Vacation Northern (clean), 2. Easement Grant Orchard-Northern Regional Drainage

Body

Department of Community Development

Reference:                                           Orchard Church Northern Regional Drainage Easement Vacation

 

To:                                                               Mayor Richard N. McLean and Members of City Council

Through:                                          Clint Blackhurst - Acting City Manager

                                                               Marv Falconburg, AICP - Asst. City Manager of Development

                                                               Holly Prather, AICP - Community Development Director

Prepared By:                                          Lauren Simmons, AICP - Senior Planner

Date Presented:                     September 5, 2017

PURPOSE
The easement vacation application before the Council is for an eighty-four foot (84’) wide drainage easement located on the northern portion of the Orchard Subdivision, Filing 1 and an unplatted portion of the Orchard Church preliminary plat. Grant of Easement is attached.

 

BACKGROUND

During the final platting of the Orchard Subdivision, Filing 1, the City requested the benefit of two regional drainage easements.  The northern regional drainage easement was granted to the City by separate document on May 25, 2017.  At the time of the platting of the Orchard Subdivision, Filing 1, the City’s Stormwater Master Plan was not yet completed. Since that time, the Plan has been completed and presented to City Council.  According to the Master Plan, the southern route for stormwater along 120th Avenue shall be utilized.

 

According to the Master Plan, the northern regional drainage easement is no longer needed for the regional drainage in this area.  In accordance with the Grant of Easement, the City is obligated to vacate this easement at the request of the property owner once an alternate route has been established for the region’s stormwater, in this case, the “southern” easement route.

 

CRITERIA BY WHICH COUNCIL MUST CONSIDER THE ITEM:

•                     Land Use and Development Code

 

STAFF RECOMMENDATION

Staff finds that the proposal meets the Land Use and Development Code, and therefore recommends approval of this vacation for the northern drainage easement specifically described within the ordinance. Staff has prepared a draft ordinance that approves the proposed vacation.

 

OPTIONS FOR COUNCIL CONSIDERATION

The Council has two (2) choices it can make after reviewing this application. The Council may: (1) approve the vacation or (2) deny the vacation.

 

ATTACHMENTS

City Council Ordinance with Proposed Vacation

Exhibit A-Grant of Easement