To: Board of County Commissioners
Through: Bryan Weimer, PWLF, Director, Public Works & Development
Prepared By:
prepared
Robert J. Garcia, PE, CIP Project Manager
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Subject:
title
C15-002; Iliff Avenue Improvement Project, Vacation of Excess ROW for Wind Stream Quitclaim
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Purpose and Request:
recommended action
The purpose of this report is to detail Public Works and Development’s (PWD) plan to dispose of excess ROW Parcels and to seek approval to move forward with the Real Estate transactions necessary for this effort and authorize the Director of Public Works and Development Department to sign the necessary documents to convey ownership to the Wind Stream Condominium Association, Inc. Specifically, this request relates to the Wind Stream Quitclaim Deed Transfer.
A portion of the project’s Parcel Number RW-75 is excess Right-of-Way (ROW) for which no current or future public use is known or anticipated. As such, the Public Works Director has determined this parcel should be vacated and returned to the original property owner with a no-cost (nominal $10.00), quitclaim deed transfer.
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Alignment with Strategic Plan:
Good Governance - Plan for future service, infrastructure, and fiscal needs.
The action supports the Good Governance factor by making certain that the County effectively manages existing resources and when appropriate, disposes of certain assets (in this case) to another public asset inventory.
Background and Discussion:
Parcel RW-75 was originally purchased for the Iliff Corridor Improvements Project to enable Xcel Energy to install a new electric power transformer at that location. During construction, Xcel identified an alternate, existing power source location further to the west, adjacent to the Highline Canal. This location provided a better overall solution for the project.
Arapahoe County later installed a concrete fence along the new Wind Stream property line established via purchase of the entire Parcel RW-75 as part of the administrative settlement for the original ROW acquisition for the project. This new fence landlocks the parcel and eliminates future County access to that site. The parcel has no current or future public use and is thus identified as ROW to be vacated.
Staff reviewed the legal description for this ROW parcel and confirmed the procedures needed to effectuate the transfer. Staff further recommend said ROW be granted to the original owners at no cost as there is no rationale for the original owner to otherwise purchase the parcel.
Alternatives:
Alternative actions include:
1.) The “do nothing” alternative would leave the county with a landlocked parcel for which there is no public access route. This could result in unresolved, albeit minimal, maintenance (mowing, weed control, etc.). This is undesirable and not recommended as it is inconsistent with County property management principles.
2.) Sale at Fair Market Value is not practicable as the parcel has no salable value in its current configuration.
Fiscal Impact: The County’s property asset value will decrease by $2,466.00 which is equal to the price originally paid for the parcel. The County’s annual tax receipts for the Wind Stream property will increase by the valuation and assessment for an additional 137 SF.
Alignment with Strategic Implementation Strategies: N/A
Concurrence: N/A