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HomeMy WebLinkAbout2016 Resolution No. 101• • • RESOLUTION NO. /() I SERIES OF 2016 A RESOLUTION SUPPORTING THE ENGLEWOOD MCLELLAN RESERVOIR FOUNDATION AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) FOR THE GRANTING OF SEVEN EASEMENTS AROUND THE ENGLEWOOD MCLELLAN RESERVOIR PROPERTY TO ACCOMMODATE THE WIDENING OF C-470. WHEREAS, the Englewood McLellan Reservoir Foundation was formed to oversee the development of the McLellan Reservoir property; and WHEREAS, CDOTwill be adding a toll lane to C-470, which generates the need for storm water detention and drainage improvements to accommodate the widening; and WHEREAS, in April 2016 CDOT approached EMRF regarding the need for these drainage easements and final plans were developed in which CDOT identified the specific parcels required and provided legal descriptions to EMRF and commissioned appraisals of all seven parcels; and WHEREAS, CDOT's proposed acquisitions will utilize existing storm water detention facilities owned by EMRF; and WHEREAS, EMRF has reviewed the offer and associated documents and has determined that the requested easements will not adversely affect EMRF's developed property or preclude future development of EMRF property . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado, hereby supports the Englewood McClellan Reservoir Foundation granting Colorado Department of Transportation Memorandum of Agreement the Colorado Department of Transportation (CDOT) Seven Easements of the Englewood Mclellan Reservoir Property to accommodate the widening of C- 470, attached hereto as Exhibit A. ADOPTED AND APPROVED this 19th day of September, 2016. yor I, Loucrishia A. Ellis, City Clerk for tp.e ity of Englewood, C above is a true copy of Resolution No. /t2L, Series of 201 '. rado, hereby certify the ~ (t/6 • • COLORADO DEPARTMENT OF Project Code: 18999 I Parcel No: PE-2, PE-2A, PE-4, PE- 4A, PE-6, PE-6A, TE-5 TRANSPORTATION Project No: NHPP 4701-124 MEMORANDUM OF AGREEMENT Location: C-470, Kipling to 1-25 County: Douglas I State Highway No: C-470 This agreement made on is between the State of Colorado for the use and benefit of the Colorado Department of Transportation (GRANTEE) for the purchase of the parcel(s) listed above from the Owner(s) ENGLEWOOD/ MCLELLAN RESERVOffi FOUNDATION, a non-profit (GRANTOR). Colorado corporation Just compensation was detennined by an appropriate valuation procedure prepared in accordance with Colorado state laws and regulations. The amount of money and/or compensation listed below is full consideration for the following land, easements, improvements, and damages of an" kind. Land (described in attached exhibits) Sq.ft.OacresO $ Pennanent and Slope Easements (described in attached 663,655 Sqftjg)/acresO $226,836.00 exhibits) Temporary Easements (described in attached exhibits) I 0,661 Sq.ft.[8]/acresO $4,478.00 Improvements None $0.00 Contributory Value $0.00 Gross Total $231,314.00 Less Credit $ Net Total $~~ 1,4QQ.QQ $260,000.00 Other conditions: The GRANTOR: I) Will, at the closing, pay all taxes (including prorated taxes for the current year) and special assessments for the current year; 2) Has entered into this agreement only because the GRANTEE has the power of eminent domain and requires the property for public purposes; 3) Be responsible for securing releases from all liens, judgments and encumbrances to deliver clear, unencumbered title to GRANTEE. Any encumbrance required to be paid by GRANTOR shall be paid at or before closing from the proceeds of the transaction hereby contemplated or from any other source; 4) Will execute and deliver to GRANTEE those documents indicated below; 5) Excepts from the subject property described herein in the attached Exhibits, the mineral estate and including all coal, oil, gas and other hydrocarbons, and all clay and other valuable mineral in and under said subject property. The GRANTOR hereby covenants and agrees that the GRANTEE shall forever have the right to take and use, without payment of further compensation to the GRANTOR, any and all sand, gravel, earth, rock, and other road building materials found in or upon said subject property and belonging to the GRANTOR; and 6) The GRANTOR further covenants and agrees that no exploration for, or development of any of the products, as described above, and owned by the GRANTOR heretofore or hereafter the date set forth above and hereby excepted will ever be conducted on or from the surface of the premises described in the attached Exhibits, and that in the event any of such operations may hereafter be carried on beneath the surface of said premises, the GRANTOR shall perform no act which may impair the subsurface or lateral support of said premises. These covenants and agreements hereunder, shall inure to and be binding upon the GRANTOR and its heirs, personal and legal representatives, successors and assigns forever . Poge I of2 COOT Form #784 ~ 1/2012 Editions prior to 1/2012 nre obsolete and may not be used E X H I B I T . i OTE: At GRANTOR'S sole discretion, the GRANTOR may convey the underlying mineral estate owned by RANTOR to the GRANTEE. GRANTEE makes no representations about the nature, title or value of the mineral state. ln transactions where GRANTOR conveys the underlying mineral estate to GRANTEE, Paragraphs 5 and 6, as set forth above, will be deleted from this Memorandum of Agreement and the conveyance document. D GRANTOR conveys the underlying mineral estate to GRANTEE. Paragraphs 5 and 6 are hereby deleted from the Memorandum of Agreement and the conveyance document. The GRANTEE: I) Will be entitled to specific perfonnance of this agreement upon tender of the agreed consideration; 2) Will be held hannless from any claims against the property or to any interest in the property, except for any benefits due under relocation law; 3) Will make payment after receiving acceptable conveyance instruments from the GRANTOR; 4) Will take possession and use of the parcel(s) when it deposits the consideration, as set forth above, into an escrow account for the benefit of the GRANTOR, or when GRANTEE disburses funds to GRANTOR. Transfer of title to the parcel(s) shall occur upon perfonnance of any and all terms under this agreement, and release of the payment from escrow to the GRANTOR, unless other arrangements are made that follow Title Ill of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended: and 5) Will prepare the following documents: □ General Warranty Deed □ Utility Easement □ Access Deed ~ Permanent Easement □ Full Release(s) Book/Page: □ Slope Easement Partial Release(s) Book/Page: lg] Temporary Easement Or (specify) ~ Title Company to prepare documents except conveyance document Order Warrant $231,400. OQ $260,000.00 Payable to: Front Range Title of Downtown Denver, LLC as escrow agent for ENGLEWOOD /.MCLELLAN RESERVOm FOUNDATION, a non-profit Colorado corporation Order Warrant $ Payable to: Real Estate Specialist Division approval (Region ROW Manager) cc: Project Development Branch -ROW Services (original) Property Owner Region Right-of-Way Manager GRANTOR signature Attach form W-9 GRANTOR (if applicable) GRANTEE signature • ion Program Engineer/Resident Engineer/Project Engineer ge 2 of2 COOT Fonn #784 -1/2012 Editions prior to 1/2012 are obsolete and m11y not be used • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: September 19, 2016 11ci COOT Easements Acquisition Resolution of Support Initiated By: Staff Source: Englewood Mclellan Reservoir Dave Henderson, EMRF Board Member Foundation PREVIOUS COUNCIL ACTION In 1999, City Council authorized the creation of the Englewood Mclellan Reservoir Foundation (EMRF). Staff discussed CDOT's intent to acquire these easements at the September 12, 2016 Study Session . RECOMMENDED ACTION Staff recommends Council approval of the resolution supporting EMRF's agreement with the Colorado Department of Transportation (COOT). The agreement would grant COOT seven easements -six permanent easements and one temporary construction easement, in exchange for a payment of $260,000. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED COOT will be adding a toll lane to C-470. The project generates the need for storm water detention and drainage improvements to accommodate the widening. COOT has awarded a contract for this construction project and is in the process of obtaining easements and right of way from many owners along the corridor between 1-25 and Kipling St. In April, 2016, COOT approached EMRF regarding the need for these drainage easements . As final plans were developed, COOT identified the specific parcels required and provided legal descriptions to EMRF. Subsequently, COOT commissioned appraisals of all seven parcels. The appraisal report and initial offer were delivered in late July. EMRF, along with EMRF's real estate attorney, reviewed the offer and associated documents. The requested easements will not adversely affect EMRF's developed property or preclude any future development of EMRF property. Generally, CDOT's proposed acquisitions will utilize existing storm water detention facilities owned by EMRF. The existing facilities have plenty of capacity to accommodate COOT storm water from C-470. Utilizing our existing ponds for this drainage area is in the best interest of COOT and the adjacent properties. Construction of new storm water facilities would require fee acquisitions for property and millions of dollars. It should be noted that COOT will acquire these easements by agreement or eminent domain . COOT prefers to acquire by agreement in lieu of condemnation proceedings. Pending Council 's support of the agreement , EMRF will schedule a closing with COOT. We expect the closing will take place within 30 days. FINANCIAL IMPACT The appraisal report suggested a fair market value of $231,400 . EMRF countered COOT's offer and was successful negotiating a $260 ,000 lump sum payment for all seven easements . This amount is 12.4% above the initial offer. This one time revenue will be transferred to the City's General Fund. LIST OF ATTACHMENTS Easement Location Map Initial Offer of Fair Market Value Parcel Information Resolution • • • • • • 1):..Yfl COLORADO l,i:}.'W' 1 Department of Transportation • , Region l Right of Way Department 2000 South Holly Street Denve r, CO 80222 OFFER OF FAIR MARKET VALUE Mr. Rick Kahrn, Mr. Tom Brennan, Mr. Dave Henderson Englewood McLellan Reservoir Foundation 1000 Englewood Parkway Englewood, CO 80110 Project No .: Project Code: Location: Parcel: Date : NHPP470M24 18999 C-470, Kipling to 1-25 PE-2, PE-2A, PE-4, PE-4A, PE-6, PE-SA & TE-5 July 25, 2016 The Colorado Department of Transportation offers you the following amount as fair market value compensation for your property located in Douglas County, Colorado. The amount offered was determined in accordance with applicable Federal and State laws and requirements. 1. Land .................................................. $0.00 2. Permanent Easements ........................ $226,836.00 3. Temporary Easements ....................... $ 4,478.00 4. TOT AL ............................................. $23 l ,400.00 (rounded) We based our determination on the following information: a. Identification of the real property to be acquired: (see legal descriptions) b. Type of interest being acquired: Permanent Easements & Temporary Easement c. Identification of all improvements, including fixtures to be acquired: None d. Identification of real property improvements, including fixtures to be acquired which are not owned by the landowner: NIA -- Acquisition/Relocation Specialist cc : Project Development Branch {RO W Sen ices ) Region ROW Prev ious edi ti ons nre obsolc1c and moy not be used CDOT Fonn #240 07/06 • • • • • July 25, 2016 COLORADO Department of Transportation Region 1 Right of Way Department 2000 South Holly Street Denver, CO 80222 Mr. Rick Kahm, Mr. Tom Brennan, Mr. Dave Hende rson Englewood Mclellan Reservoir Foundation 1000 Englewood Parkway Englewood, CO 80110 Gentlemen: Project No .: Project Code : Location : Parcel: NHPP 4701 124 18999 C-470, Kipling lo 1-25 PE-2, PE-2A, PE-4 , PE-4A, PE-6, PE-SA & TE-5 The Colorado Department of Transportation (COOT) has an upcomlng project along C-470 from Kipling to 1-25 in Douglas County, Colorado. The project is to provide congestion relief, decrease travel delays, and improve corridor rellabllity. Englewood Mclellan Reservoir Foundation owns property that will be affected by this project (see parcel(s) listed above}. We would like to acquire from you 6 permanent easements totaling 663,655 square feet and 1 temporary easement totaling 10,661 square feet. COOT Is currently in a position to present you with its offer of fair market value for the parcel in the amount of $231,400.00. This offer amount was determined based in accordance with applicable Federal and State laws and requirements . This amount Is offered as total compensation for all interests in the property and damages, if any, to the remaining portion of your property and ls determined as follows: PE-2 is 443,258 square feet X $.75 per square foot@ 20% Unit Value= $66,488.70 PE-2A is 5,802 square feet X $5.15 per square foot@ 20% Unit Value= $ 5,976.06 PE-4 is 17,963 square feet X $10.40 per square foot@ 20% Unit Value= $37,363.04 PE-4A is 11,392 square feet X $10.40per square foot@ 20% Unit Value= $23,695.36 PE-6 is 33,952 square feet X $10.40 per square foot@ 20% Unit Value= $70,620.16 PE-6A is 151,288 square feet X $.75 per square foot @ 20% Unit Value= $22,693.20 TE-5 is 10,661 sq. ft. X $1.05 / square foot@ 10% Unit Value x 4 yrs.= $4,477.62 Total $231,400.00 rounded Our total offer to you is $231,400.00 rounded. Enclosed wlth this letter are the followlng documents: 1. COOT Right-of-Way Information Booklet 2. Offer of Falr Market Value (COOT form 240) 3. Memorandum of Agreement (COOT form 784) with Legal Descriptions attached 4. Right of Way Plan Sheets S. Request for Taxpayer Identification Form (W-9) 6 . Permanent Easement Document 7. Temporary Easement Document 8. Demographic Information form with addressed stamped envelope to return to COOT {Voluntary) Please review this Information and If you have any questions regarding this offer or any of the enclosed documents, please do not hesitate to contact me. Once you have reviewed the documents, please sign the Memorandum of Agreement and complete and sign the W-9 form and return the documents to me in the enclosed stamped envelope addressed to me . Upon receipt of the signed documents, I will commence the payment procedures. We will need the Permanent Easement document signed at closing. Thank you for your immediate attention to this matter and should you have any questions, please do not hesitate to contact me at {303) S12-5999 or terrene.shendleman@state.co.us. ~~ Acquisition/ Relocation Specialist 2000 South Holly St reet , Denver, CO 80222 P 303.512.59<;9 F 303 .757.9053 www .coloradodot .in fo I • PARCEL INFORMATION TE-5 Temporary Easement 10,661 sq . ft . • Land value $1.05 /sq. ft. or $11,194.05 Easement purchase 10% of value per year for 4 yrs. $ 4,477.62 Notes: Non developable parcel remnant Existing drainage area eastbound on-ramp PE-2 Permanent Easement 443,258 sq. ft. Land value $0.75/sq. ft. or $332 ,443.50 Easement purchase 20% of value $66,488.70 Notes: Existing detention pond FEMA Regulated 100 yr. Flood Plain PE-2A Permanent Easement 5,802 sq. ft. Land value $5.15 /sq. ft. or $29 ,880 .30 Easement purchase 20% of value $ 5,976.06 Notes: Platted vacant lot No utilities-lift station required for sewer service Encumbered by existing pipe easement PE-4 Permanent Easement 17 ,963 sq. ft. Land value $10.40/sq. ft. or $186,815.20 Easement purchase 20% of value $37,363.04 • Notes: Platted lots leased to Auto Dealer (Mike Ward) Encumbered by existing pipe easement PE-4A Permanent Easement 11 ,392 sq. ft. Land value $10.40/sq. ft. or $118,476 .80 Easement purchase 20% of value $23,695.36 Notes: Platted lots leased to Auto Dealer (Mike Ward) Encumbered by existing pipe easement PE-6 Permanent Easement 33 ,952 sq. ft. Land value $10.40 sq. ft . or $353 ,100.80 Easement purchase 20% of value $70,620.16 Notes: Platted lot leased to Auto Dealer (Larry Miller) Encumbered by existing pipe easement PE-6A Permanent Easement 151 ,288 sq. ft. Land value $0 .75 /sq. ft. or $113 ,466.00 Easement purchase 20% of value $22,693.20 Notes: Existing detention pond Total (rounded) $231,400.00 • CDOT Revised off er is $260,000.00 Total square footage for all easements is 674,316 sq. ft. (15.48 acres) The average acquisition cost to COOT for all 7 easements is $0.39/sq. ft.