To: Honorable Mayor and Members of Town Council
From: Robert Goebel, Director of Public Works
Title
Ordinance: Approving an Agreement between the Town of Castle Rock and Castle Pines Homes Association, Inc. and Authorizing the Grant of Certain Easements (Second Reading)
Body
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Executive Summary
The Ordinance was approved on first reading on August 18, 2015 with a vote of 6 to 0.
The purpose of this item is to request approval of an Agreement with Castle Pines Homes Association, Inc. (CPHA) (Attachment A) and authorize the grant of certain easements as they relate to the right of way and easement acquisitions necessary for the North Meadows Extension project (“NME Project”).
Pursuant to the Possession and Use Agreement (PUA) between the Town and CPHA, the Town acquired possession of the necessary fee and easement parcels for NME Project. The Agreement presented is the culmination of negotiations over the past two years between the Town, Douglas County and CPHA regarding just compensation for the fee and easement parcels. In consideration of the conveyance by CPHA of the fee and easement parcels, the Town will pay CPHA the Town’s appraised value of $111,400 and grant certain easements to CPHA, Douglas County and the Castle Pines Metropolitan District.
Conservation Easement: the Town acquired a 13-acre parcel from the Dev-Vic/Pinecrest ownership group as part of the property acquisition for the NME Project for the purpose of preserving open space to be enjoyed by the public. Primary uses on the 13-acres will be for conservation purposes and recreational trails consistent with other open space areas in the Town, including a walk-in trail head which primarily targets nearby and proposed multi-family development, screened portable rest room, information kiosk, and trash receptacle(s). As part of the settlement with CPHA, the Town has agreed to place a conservation easement over the 13-acre parcel, which will be granted to Douglas County. Any Town open space amenities allowed in the conservation easement would be constructed by the Town when determined to be a Town priority.
Emergency Egress/Access Easement: the Town has agreed to grant an emergency egress easement to CPHA over the 13-acres to allow pedestrian access and emergency response and evacuation at the south end of Castle Pines Village onto Castle Rock Parkway. This will be a gated access and is supported by Castle Rock Fire Department.
Slope/Drainage Easement: the Castle Pines Metropolitan District has requested an easement for future slope/drainage facilities in the northeast area of the 13-acre parcel. The Town has agreed to grant such easement to the District as part of this transaction. The District will construct the drainage improvements at their sole expense when warranted.
In addition to the Town’s grant of the easements, Douglas County, at its sole expense, has agreed to construct natural earthen berms on the 13-acre parcel to provide visual screening of the NME Project.
Approval of the related easements for conservation, egress, and drainage would be a part of this ordinance and would be granted at the time of closing with CPHA Association.
Budget Impact
In consideration of all items stipulated from both Douglas County and the Town in the Agreement, Castle Pines Homes Association agrees to transfer ownership of the property necessary for the North Meadows project identified in the PUA for the Town’s appraised value of $111,400.00 and forgoes any damage claims.
Staff Recommendation
Staff recommends approval of the Ordinance and the grant of the easements as described herein.
Proposed Motion
“I move to approve an Ordinance approving an Agreement between the Town of Castle Rock and Castle Pines Homes Association, Inc., and authorizing the grant of certain easements.
Attachments
Staff Report
Attachment A: Ordinance
Exhibit 1: Agreement
Exhibit 2: Conservation Easement
Exhibit 3: Emergency Egress Easement
Exhibit 4: Slope/Drainage Easement