Placement: First Reading of Ordinances / Public Hearing
Action Requested: Motion / Vote
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Ordinance 26-11, Public Hearing, an Ordinance Abandoning and Replacing Riverland Paseo Multimodal Easements
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Submitted By: Bradley Keen, Director, Parks and Recreation
Strategic Plan Link: The City's Goal to Enjoy Culture, Nature and Recreation.
Executive Summary (General Business): Facilitate abandonment and replacement of existing multimodal easement that provides public access to the Riverland Paseo.
Presentation Information: Questions will be answered by staff upon request.
Staff Recommendation: Move that the Council approve the Ordinance and abandon and replace the Riverland Paseo Multimodal easements with expanded Riverland Paseo Multimodal easement.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Ordinance and abandon and replace the multimodal easements.
2. Move that the Council not approve the Ordinance.
Background: In September of 2019, the City and Developer entered into a Park and Recreational Facilities Conveyance Agreement to provide for an orderly process for the Developer to convey required park property to the City. The Conveyance Agreement contemplated four parks, City Park 1, City Park 2, a Regional Park, and City Park 4. The City and Developer also entered a Park and Recreational Facilities Impact Fees and Off-Site Drainage for City Park 1 in September of 2019. That agreement provided for the construction of City Park 1 by the Developer and the provision of impact fee credits to the Developer in exchange for the construction (“Construction Agreement”). Subsequently, the City Council modified that Construction Agreement through an Amended and Restated Park Impact Fee Agreement with the Developer for the Construction of Riverland Paseo Neighborhood Park on October 24, 2022 (the “Agreement”). The Agreement provided that that the Developer would receive impact fee credits and a reconveyance of a portion of City Park 4 (“Reconveyance”) in exchange for the build out of City Park 1. The Agreement also provided that prior to the Reconveyance the Developer was required to cause the conveyance of an expanded multimodal easement to the City over the Paseo (“Expanded Paseo”).
Issues/Analysis: The Developer has expressed a desire to grant the City an Expanded Paseo to facilitate the Reconveyance process. The Expanded Paseo will be conveyed to the City by the Riverland Community Association, Inc. as that Association currently owns the property the original multimodal easement overlays and the property where the Expanded Paseo will be located.
The original Paseo easements were granted to the City through various plats and separate instruments. To streamline the process and eliminate potential conflicts between the original and new multimodal easement documents, the City has requested that the Developer/Association provide a single comprehensive easement for the entire Paseo. In return, the City will release the existing Paseo easements. The ordinance before you will facilitate the abandonment of the old Paseo easements and the implementation of the new comprehensive Expanded Paseo easement.
Financial Information: N/A
Special Consideration: The Riverland Community Association has amended its governing documents to provide a provision that the Association will not block or obstruct public access to the Paseo and that no changes to the general public to use or access the Paseo shall be permitted without the prior written approval of the City.
Location of Project: Riverland/Kennedy DRI
Business Impact Statement: Yes
Attachments:
1. Ordinance
2. Exhibit “A” to Ordinance - Expanded Paseo Easement
3. Exhibit “B” to Ordinance - Termination of Existing MME
4. Exhibit “C” to Ordinance - Agreement for Termination of Plat MME
5. Amendment to Riverland Community Association Declaration of Restrictive Covenants Addressing Paseo Easement.
6. Amended and Restated Park Impact Fee Agreement with the Developer for the Construction of Riverland Paseo Neighborhood Park
7. Paseo Map
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 24046-04
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.