HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/07/2003 - SECOND READING OF ORDINANCE NO. 128, 2003 AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 12
DATE: October 7, 2003
FORT COLLINS CITY COUNCIL FROM: Ralph Campano
Kathleen Reavis
SUBJECT :
Second Reading of Ordinance No. 128, 2003, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Public Improvements in
Connection with the Mason Transportation Corridor Trail Project.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY:
This Ordinance, which was unanimously adopted on First Reading on September 16, 2003, does
not automatically result in the filing of a petition in eminent domain; it simply allows staff to use
the process if good faith negotiations fail to result in an agreement between the City and the
affected property owners. Staff is hopeful that all acquisitions will be accomplished by
agreement. This process does not apply to the negotiations between the City and BNSF; it
would only apply to any private property owners along the corridor where land may be needed
permanently for the trail or just during the construction process.
Due to recent design changes, the City has identified an additional area on Matmar FC
Partnership (Matmar) property that needs to be acquired for the completion of this project.
Accordingly, Exhibit `B" has been modified to include that additional area.
The number of property owners affected by this project is less than reported in the previous
Agenda Item Summary. Originally, staff believed ten property owners would be affected by this
project. However, subsequent title work has revealed that only four property owners are actually
affected.
AGENDA ITEM SUMMARY ITEM NUMBER: 13
DATE: September 16, 2003
FORT COLLINS CITY COUNCIL Ralph Campano
STAFF: Kathleen Reavis
SUBJECT:
First Reading of Ordinance No. 128, 2003, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Public Improvements in
Connection with the Mason Transportation Corridor Trail Project.
RECOMMENDATION:
y
Staff recommends adoption o e Ordi ce o PtReadfing
_ `»w
FINANCIAL IMPACT:
Property acquisition costs will be covered by available project funds, even if condemnation is
required. g
0 P'y
�.
EXECUTIVE SUMMARY:
The project components include the construction of a bicycle/pedestrian trail and associated
lighting and landscaping improvements along the Burlington Northern Santa Fe (BNSF) Railway
corridor from Harmony Road uth e feTts
si Crk t il, a distance of approximately
3/4 mile.
This ordinance does not automatically resu t in filing o a petition in eminent domain; it
simply allows staff to use the process if good faith negotiations fail to result in an agreement
between the City and the affected property owners. Staff is hopeful that all acquisitions will be
accomplished by agreement. This process does not apply to the negotiations between the City
and BNSF; it would only apply to any private property owners along the corridor where land
may be needed permanently for the trail or just during the construction process.
To utilize the State funding, all right-of-way (ROW) must be acquired prior to advertising the
project for construction. Therefore, in the event that eminent domain proceedings need to be
used, it is critical that this ordinance be in place to limit any possible delays.
Septerno
DATE: er ITEM NUMBER: 13
Staff will follow the standard City acquisition process:
a. Conduct an internal value finding. If the preliminary valuation of the property indicates
that the value of property acquired exceeds $5,000. Staff will order appraisals for the
affected properties from a certified appraiser in accordance with Federal regulations.
b. Provide each property owner with the opportunity to meet on-site with the appraiser, if
applicable.
C. Mail and/or hand deliver letters of intent to the owners with written offers based on the
internally prepared value findings or appraisals received.
d. Negotiate in good faith to reach mutually acceptable agreements.
e. Inform the owners tha hey lwOys- vePhysult with their own appraiser
and/or attorney at any ttme in
BACKGROUND:
In October 2000, the City Council approved the overall Master Plan for the Mason
Transportation Corridor ("MTC"), including the Bus Rapid Transit (BRT) alternative and the
bicycle/pedestrian improvements.
Based on this Master Plan, the MTC is a five and mile north-south byway within the City of
Fort Collins which extends from Cherry Street on the north to approximately '/a mile south of
Harmony Road. The MTC for s of lengthi si d ' hin the BNSF ROW and is
centered along the railway trac , loc to a fe ue ee a trof College Avenue (US287).
Long term, the MTC is envisio ed asa rams o a corrido at will enhance opportunities for
pedestrians, bicyclists, and transit riders. The MTC will offer choices for improved mobility and
benefit all modes of transportation. It will also encourage infill development opportunities
adjacent to the corridor.
The initial phases of the MTC Project are funded in part by the City's 1997 Building Community
Choices '/a cent sales tax. The 1997 ballot language reads:
"There is currently no transportation corridor dedicated to the north-south flow
of bicycles, buses, and e a o Ya
rry Street to Harmony
Road is envisioned as e city s rst su t ridor, and would be a
roadway for the excl 've use buse b clistestrians. Depending
upon acquisition of the essa ghr- - ay dor would extend for
nearly six miles along the Burlington Northern Santa Fe Railroad right-of-way.
Phase 1 is the engineering/design studies and acquisition of rights-of-way. Phase
2 is the construction of a bike and pedestrian way from Prospect to Harmony
Road. Public transit would be added as funding is available."
In addition, the MTC project has received grant funding from Colorado Department of
Transportation Congestion Mitigation & Air Quality funds for the trail system south of Harmony
Road to connect with the City's Fossil Creek Trail.
The total funding currently programmed for the MTC project is $7.7 million which is intended to
cover the planning, design, engineering, and environmental analysis for the corridor. In addition,
September
DATE: ITEM NUMBER: 13
these existing funds will be used to construct a portion of the bicycle/pedestrian trail system
along the southern portion of the corridor, from the Spring Creek Trail to the Fossil Creek Trail.
The City was also seeking Federal Transit Administration "New Starts Program" grant funds and
additional local funding to cover the costs associated with the Bus Rapid Transit component of
the MTC project, however with the outcome of the April 2003 election, staff is no longer
pursuing this process due to the lack of short-term matching funds that would be required by the
federal New Starts program.
The total cost estimate, based on the conceptual MTC Master Plan, is approximately$66 million.
This cost estimate includes the R nd ' e/ es 'yele/pedestrian
is of the MTC. The new cost
estimate for the portion of th TC} incl s nl trail system south
of Prospect will be determi withi he n t o med on the next stages of the
design/engineering process. It 1 :.anticip edd at t s.traif the project will be less than
$2 million based on similar cost estimates for the City's other trails such as the Poudre River,
Spring Creek, and Power trails. At this time, it is unlikely that the City will be able to afford
building the bicycle/pedestrian trail underpasses at the arterial streets as shown in the MTC
Master Plan. Staff is hoping to be able to include the east/west pedestrian/bike trail underpasses
at Troutman and/or at the University Mall/NRRC site as part of this initial phase of the project.
Depending upon the engineering cost estimates, staff will determine if either of these
underpasses can be included in the initial trail project. If the City cannot afford these elements
of the project at this time, staff ' 1 onti to k of orm .of grant funding so that they
can be added to the trail syste n the re.
Right-of-Way (ROW) Issues
BNSF owns only a railroad easement, rather than a fee simple (full) ownership of the railroad
ROW. Therefore, acquiring the ROW to build a City trail within the railroad ROW requires
dealing with two sets of property owners:
1) BNSF Railway Company; and
2) the owners of the underlying land that is encumbered by the railroad easement.
These property owners are called"the underlying feeowners".
The City Attorney's office i orkingOenen
ach agreement that would allow the
City to build a trail within t area a the rail ad easement. This agreement is
being negotiated on a voluntary a3is a main is n -required.
Transportation staff, Real Estate Services and the City Attorney's office will work to acquire a
trail ROW easement on land owned by the underlying fee owners. The process is complicated
by ownership issues of the property.
The underlying fee owners (south of Harmony Road) can be separated into two distinct groups:
1) Fee owners who own land from College Avenue to the centerline of the
railroad. These owners have the westernmost strip of their land
encumbered by a railroad ROW easement (2 properties); and
ep ern er
DATE: , ITEM NUMBER: 13
2) Fee owners who only own a 50' to 100' wide strip of land that is 100%
encumbered by the railroad ROW easement (8 properties). The process
by which these unusual parcels were created is summarized as follows:
The railroad ROW was acquired in the late 1800s and measures either 100' or
200' wide (50' to 100' from both sides of the railroad centerline). Staff has
researched the chain of title on 10 properties located south of Harmony Road.
Research shows that up until the 1950s, the parcels were subdivided and sold with
the railroad centerline being the western property boundary. Starting in 1954,
eight of the land owners began selling their properties with the western property
boundary only extendi e d OW li no the railroad centerline.
Therefore, the sellers ever nical snpro
y between the railroad
centerline and the rail ad RO line. sponds with the area in
which the City wishes uild th as are referred to as "un-
sold remnant parcels". Two properties along the corridor still own land to the
centerline.
Because the owners of the "un-sold remnant parcel" are most likely unaware that they own these
parcels, it is likely that the chain of ownership has become clouded. Multiple owners have likely
been created through estate transfers. Therefore, the acquisition of easements on these properties
may be impossible unless eminent domain is used.
Schedule
City staff and the consultin eam of Is gpoltYUlvig (FHU) are wrapping up the
Preliminary Engineering/Environmental Analysis phase of the MTC project. Staff will have a
refined cost estimate for the bicycle/pedestrian trail system by the end of September. By fall
2003, staff and FHU will have completed the final engineering phase for the trail system. It is
anticipated that the MTC bicycle/pedestrian trail system south of Harmony will be completed by
early 2004 and the MTC trail north of Harmony to the Spring Creek Trail will be completed in
the Spring of 2004. This schedule is contingent upon the right-of-way negotiation process with
the Burlington Northern Santa Fe Railroad, however staff anticipates that this process can be
completed within this timeframe.
ATTACHMENTS:
1. MTC Trail Project Area Map 0 P Y
2. Legal Descriptions
ORDINANCE NO. 128, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS
OF CERTAIN LANDS NECESSARY FOR THE CONSTRUCTION OF
PUBLIC IMPROVEMENTS IN CONNECTION WITH THE MASON TRANSPORTATION
CORRIDOR TRAIL PROJECT
WHEREAS, the Mason Transportation Corridor Trail Project (the "Project") is scheduled
to start in early 2004; and
WHEREAS, the Project includes the construction of a bicycle/pedestrian trail and lighting
and landscape improvements along the Burlington Northern Santa Fe Railway corridor from
Harmony Road south to the future Fossil Creek trail; and
WHEREAS, it is necessary for the City to acquire certain properties hereinafter described
for the purpose of constructing the trail and associated improvements; and
WHEREAS,the City will negotiate in good faith for the acquisition of said properties from
the owners thereof, and
WHEREAS,the acquisition of the properties is desirable and necessary for the construction
of the Project, is in the City's best interest and enhances the public health, safety and welfare; and
WHEREAS, the acquisition of such properties may, by law, be accomplished through
proceedings in eminent domain.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds and determines that it is necessary in the
public interest to acquire the real property described on attached Exhibits"A"through "G",copies
of which are on file in the office of the City Clerk and incorporated herein by this reference, for the
purpose of constructing the Project and other related improvements for the Project.
Section 2. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the said real property for the City by eminent domain
proceedings.
Section 3. The City Council finds, in the event that acquisition by condemnation of any
parcel described in this Ordinance is commenced, that immediate possession is necessary for the
public health, safety and welfare.
Introduced, considered favorably on first reading, and ordered published this 16th day of
September, A.D. 2003, and to be presented for final passage on the 7thh day of October, A.D. 2003.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of October, A.D. 2003.
Mayor
ATTEST:
City Clerk
LOCATION SKETCH
MATMAR FC PARTNERSHIP PROPERTY
EXHIBIT
NE CORNER
2-6-69
W. HARMONY RD.
N89'54'45"W N89'54'45"W-955.64'
20.00'
-..w--SOt'03'52"W
60,01'
NW CORNER� To
89'54'4y9"W
TRBOR PLAZA PUD 955.64
(LOT 3)
PERM. EASEMENT9'54'45"W
FOR THE MASON ST. 2.90'
No TRANSPORATION
CORRIDOR
580 SQ. FT.
j) v SEE DETAIL 1
3 0l NE CORNER
o w 2-6-69
Z5 DETAIL 1
TEMP. CONST rn to
o
EASEMENT
10025 SQ. FT. z PERM. EASEMENTFOR THE MASON ST.
TRANSPORATION
CORRIDOR S88'56'08"E
52 SQ. FT. 3.95'
SEE DETAIL 2
SW CORNER N88'56'08"W
LOT 3 S88'43'34"E 3.21'
20.00'
3N^ jp
�O
M 0
0
O D0l0
� z
SW CORNER 2.32'
/ARBOR PLAZA PUD SW CORNER
LOT 3
DETAIL 2
BNSF RR
ROW THIS SKETCH AND THE AREAS
N T S SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
SEPTEMBER 15, 2003
U:\S7WPRa\WALLY\DWO\MATMAR.DWG
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE MASON
TRANSPORTATION CORRIDOR TRAIL LOCATED IN MATMAR FORT COLLINS
PARTNERSHIP PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS
A Temporary Construction Easement for the Mason Transportation
Corridor Trail located in the northeast quarter of Section 2 ,
Township 6 North, Range 69 West, Sixth Principal Meridian, City of
Fort Collins, Larimer County, Colorado, the said easement is also
located in Lot 3 of the plat of Arbor Plaza P.U.D. a plat of record
with the Clerk and recorder of the said Larimer County, being more
particularly described as follows;
Considering the north line of the northeast quarter of the said
Section 2 as bearing North 89 degrees 54 minutes 45 seconds West
between a 3 " Aluminum Cap Monument at the northeast corner and a
3 . 25 " Aluminum Cap Monument at the north quarter corner of Section
2 , based upon G. P .S . survey, and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the north line of the said northeast quarter,
North 89 degrees 54 minutes 45 seconds West for a distance of
955 . 64 feet to the northerly extension of the west line of the said
Arbor Plaza P.U.D. ;
THENCE along the said northerly extension, South 01 degrees 03
minutes 52 seconds West for a distance of 60 . 01 feet to the
northwest corner of the said Lot 3 and to the TRUE POINT OF
BEGINNING of this description;
THENCE along the west line of the said Lot 3 , South 01 degrees
03 minutes 52 seconds West for a distance of 501 . 02 feet to the
southwest corner of the said Lot 3 ;
THENCE along the south line of the said Lot 3 , South 88
degrees 43 minutes 34 seconds East for a distance of 20 . 00 feet;
THENCE North 01 degrees 03 minutes 52 seconds East for a
distance of 501 .44 feet to the north line of the said Lot 3 ;
THENCE along the said north line, North 89 degrees 54 minutes
45 seconds West for a distance of 20 . 00 feet to the point of
beginning . Containing 10025 square feet more less .
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C . MUSCOTT COLORADO P. L. S . 17497
P.O . BOX 580 FORT COLLINS , CO 80522
DESCRIPTION OF TWO PERMANENT EASEMENTS FOR THE MASON TRANSPORTATION
CORRIDOR TRAIL LOCATED IN MATMAR FORT COLLINS PARTNERSHIP PROPERTY
TO BE DEDICATED TO THE CITY OF FORT COLLINS
Two Permanent Easements for the Mason Transportation Corridor Trail
located in the northeast quarter of Section 2 , Township 6 North,
Range 69 West, Sixth Principal Meridian, City of Fort Collins ,
Larimer County, Colorado, the said easements are also located in
Lot 3 of the plat of Arbor Plaza P .U.D. a plat of record with the
Clerk and recorder of the said Larimer County, being more
particularly described as follows;
Considering the north line of the northeast quarter of the said
Section 2 as bearing North 89 degrees 54 minutes 45 seconds West
between a 3 " Aluminum Cap Monument at the northeast corner and a
3 . 25" Aluminum Cap Monument at the north quarter corner of Section
2 , based upon G. P. S . survey, and with all bearings contained herein
relative thereto;
Commencing at the northeast corner of the said Section 2 ;
THENCE along the north line of the said northeast quarter,
North 89 degrees 54 minutes 45 seconds West for a distance of
955 . 64 feet to the northerly extension of the west line of the said
Arbor Plaza P.U.D . ;
THENCE along the said northerly extension, and along the west
line of the said Lot 3 Arbor Plaza P.U.D. , South 01 degrees 03
minutes 52 seconds West for a distance of 542 . 71 feet to the TRUE
POINT OF BEGINNING of this description;
THENCE continuing along the said west line of Lot 3, South 01
degrees 03 minutes 52 seconds West for a distance of 16 . 00 feet ;
THENCE South 88 degrees 56 minutes 08 seconds East for a
distance of 3 . 23 feet ;
THENCE North 01 degrees 00 minutes 06 seconds East for a
distance of 16 . 00 feet ;
THENCE North 88 degrees 56 minutes 08 seconds West for a
distance of 3 . 21 feet to the point of beginning. Containing 52
square feet more less .
TOGETHER WITH:
Commencing at the said northeast corner of the said Section 2;
THENCE along the north line of the said northeast quarter,
North 89 degrees 54 minutes 45 seconds West for a distance of
955 . 64 feet to the northerly extension of the west line of the said
Arbor Plaza P .U.D . ;
THENCE along the said northerly extension, South 01 degrees 03
minutes 52 seconds West for a distance of 60 . 01 feet to the
northwest corner of the said Lot 3 and to the TRUE POINT OF
BEGINNING of this description;
THENCE along the west line of the said Lot 3 , South 01 degrees
03 minutes 52 seconds West for a distance of 169 . 20 feet;
THENCE leaving the said west line, South 88 degrees 56 minutes
08 seconds East for a distance of 3 . 95 feet ;
THENCE North 00 degrees 42 minutes 35 seconds East for a
PAGE 1 OF 2
distance of 169 . 25 feet to the north line of the said Lot 3 ;
THENCE along the said north line of Lot 3 , North 89 degrees 54
minutes 45 seconds West for a distance of 2 . 90 feet to the point of
beginning. Containing 580 square feet more less .
The above described Permanent Easements contain a total of 632
square feet, more of less and are subject to all easements and
rights of way now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P . L. S . 17497
P .O . BOX 580 FORT COLLINS, CO 80522
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