Legislation Details

File #: 24-050    Version: 1
Type: Presentation Status: Agenda Ready
File created: 1/18/2024 In control: Board of County Commissioners Study Session
On agenda: 2/6/2024 Final action:
Title: 2:00 PM *Federal Warehouse Easements
Attachments: 1. Board Summary Report, 2. Draft Termination of Declaration and Grant of Easements, 3. Draft Shared Entry Easement Agreement, 4. Reciprocal Easements, 5. Concept Site Plans, 6. Declaration and Grant of Easements (1982), 7. Reciprocal Easement Agreement (1985)
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To:                                                               Board of County Commissioners

 

Through:                                          Patrick O’Neill, Director, Facilities and Fleet Management

 

Prepared By:

prepared

Patrick O’Neill, Director, Facilities and Fleet Management

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presenter

Presenter:                                          Ken Morris, Division Manager,Project Operations, Facilities and Fleet Management, and John Christofferson, Deputy County Attorney

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Subject:

title

2:00 PM *Federal Warehouse Easements

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Purpose and Request:

recommended action

The purpose of this drop in is to request approval from the Board of County Commissioners to vacate an existing reciprocal easement at the Federal Warehouse parcel and to execute a new shared entrance drive easement with the owner of the parcel to the north.

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Background and Discussion: A reciprocal easement agreement was executed on September 12, 1985, between the previous owner of County’s Federal Warehouse property and a previous owner of the property to the north as the respective properties were developed in a manner that caused them to appear as a single retail shopping facility. The reciprocal easement allowed for shared ingress, egress, cross-parking, and access over, upon, and across the parking areas of each property.   Currently, the property to the north of County’s property is in the planning stages with the City of Littleton to be redeveloped as a 55+ apartment community. The developer and County staff agree that the intent of the reciprocal easement is no longer valid, and both parties agree that vacation of this easement is appropriate. However, approximately half of the width of the County’s access drive from Federal Boulevard is on property owned by the developer to the north. So, developer and County staff agree that a new easement agreement for a shared entrance drive is necessary and appropriate to maintain ingress and egress for both properties.

 

Fiscal Impact: No funding is sought from the County in relation to this request. 

 

Alternatives: County could elect to keep the existing reciprocal easement in place, which would allow the developer to the north to use portions of the Warehouse parking lot for access. Additionally, County could elect to construct a new private entrance drive to the south of the existing location. Either of these alternatives would have negative impacts to County as we could potentially have to surrender additional parking spaces or commit capital funding to construct a new private entrance drive. 

 

Alignment with Strategic Plan:

                     ☐Be fiscally sustainable

                     ☒Provide essential and mandated service

                     ☒Be community focused

 

Staff Recommendation: Staff recommends that the County 1) vacate the existing reciprocal easement as the intent is no longer relative to the respective parcels and their current/proposed use; and, 2) execute a new shared entry easement to allow County and owner to north ingress and egress into each parcel.

 

Concurrence: Facilities and Fleet Management, Clerk and Recorder, and County Attorney concur with this request. County staff have also been in discussions with the developers of the property who concur with the recommendation.