To: Board of County Commissioners
Through: Bryan Weimer, Director, Public Works and Development
Prepared By:
prepared
Emily Gonzalez, Engineer II, Engineering Services Division
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Subject:
title
Waste Management: Warranty Deed for Roadway and Easements
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Purpose and Request:
recommended action
The Board of County Commissioners is requested to adopt a resolution to approve and accept the conveyance of a Floodplain Easement Agreement, a Uniform Deed of Easement and Revocable Storm Drainage License Agreement, a Special Warranty Deed for roadway improvements on the north side of Quincy, and a Special Warranty Deed for roadway improvements on the south side of Quincy needed by reasons of the impacts of Waste Management’s development of its property. The Board is also requested to authorize the Director of Public Works and Development to execute the Drainage and Floodplain Easement Agreements and such other instruments as necessary to complete all of these conveyances on behalf of the Board of County Commissioners.
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Background and Discussion: An Administrative Site Plan is currently in process for a new Waste Management recycling facility on the north side of the intersection at East Quincy Avenue and South Harvest Road.
In conjunction with the project, the developer is required to construct a left turn deceleration lane and right turn acceleration lane into the site off East Quincy Avenue, as part of their frontage improvements. In order to meet requirements for turn lane storage & taper length, and the future 4-lane section of East Quincy Avenue, right-of-way is required from the Waste Management parcel. Additionally, a new traffic signal will also be installed at Quincy and Harvest for which additional right of way on the south side of Quincy is required. The developer has prepared two special warranty deed, one conveyed by Waste Management to the County and the other conveyed by the Lowry Trust to the County in order to deed the land to the County for the purpose of roadway improvements.
Additionally, the Recycling Center project includes an internal haul road which crosses Murphy Creek, as well as master planned Murphy Creek drainageway improvements intended to stabilize the Creek. In accordance with the Stormwater Management Manual, this includes the dedication of a floodplain easement, as well as provide future access for the drainageway improvements. The County, with the assistance of Mile High Flood District (MHFD), has prepared a Floodplain Easement document which includes Access to the drainageway for future emergency repairs or maintenance.
The final Agreement included in this request is a Drainage Easement and License Agreement to allow the Waste Management extended detention basin to outfall into the drainageway.
Alternatives: The Board could choose not to accept the Special Warranty Deeds, Drainage Easement and License Agreement, or Floodplain and Access Easement Agreement. This would lead to the inability of Waste Management to complete their frontage improvements, MHFD being unable to access Murphy Creek for emergency repairs or maintenance per the Maintenance Eligibility Program (MEP), and the project having nowhere to outfall the extended detention basin, respectively.
Fiscal Impact: The County would be responsible for ownership and maintenance of the public improvements included in the warranty deed. The Murphy Creek improvements will be maintained by MHFD per the MEP. The floodplain easement area, access easement area, and drainage easement will be maintained by the property owner and have no fiscal impact to the County.
Alignment with Strategic Plan:
☐Be fiscally sustainable
☒Provide essential and mandated service
☒Be community focused
Concurrence: This request was reviewed and is supported by the Public Works and Development Department and County Attorney’s Office.
Resolution: Attached is a copy of the draft resolution. Three draft resolutions for each conveyance are attached, along with executed copies of the two Easement Agreements and an unsigned final draft of the Deed.