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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/02/2001 - FIRST READING OF ORDINANCE NO. 5, 2001, AUTHORIZIN AGENDA ITEM SUMMARY ITEM NUMBER: 22 FORT COLLINS CITY COUNCIL DATE: January 2, 2001 10 STAFF: Ron Mills SUBJECT: First Reading of Ordinance No. 5,2001,Authorizing Acquisition by Eminent Domain Proceedings of Certain Easements Necessary for Drainage Improvements to Spring Creek at Lemay Avenue. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: The City is seeking to acquire three easements from one property to construct drainage improvements to Spring Creek at Lemay Avenue. Preliminary property value estimates have been completed and sufficient funds are available in the project budget. EXECUTIVE SUMMARY: The construction of improvements to Spring Creek at Lemay Avenue is currently scheduled for the Winter/Spring of 2001 prior to flood season. The proposed improvements include repairs to Spring Creek made necessary by flood damage caused in July 1997, reinforcement of the Spring Creek channel, reconstruction of the Spring Creek Bike Trail, and removal of a private access bridge responsible for diversion of flood flows resulting in additional flooding and property damage. Removal of the private bridge will require construction of a new access drive on the above- mentioned private property along the south side of Spring Creek from Lemay Avenue. In addition, a new sanitary sewer service will need to be constructed from the sewer main located in Lemay Avenue, parallel to the new access road, also on the south side of Spring Creek. The existing sanitary service is located in the existing private bridge proposed for demolition. Construction of the proposed improvements will require the acquisition of a permanent private access easement, a permanent utility easement, and a temporary construction easement, ail from property owned by Spring Creek Health Care Center. Staff has initiated the easement acquisition process — discussing the project with representatives and legal counsel of the owners, obtaining preliminary value estimates,preparing final design drawings,and negotiations to secure the required easements. Staff will continue good faith negotiations; however, to ensure that the City can secure all of the easements in time to begin construction of the project, it is necessary to initiate the first step of the eminent domain process, passage of this Ordinance authorizing acquisition by eminent DATE: January 2, 2001 2 ITEM NUMBER: 22 domain. Staff has described the contents of the subject ordinance to the affected property owners and informed them that City Council is being asked to approve the ordinance at this City Council meeting. BACKGROUND: The flood on July 28, 1997 caused extensive damages to Spring Creek at Lemay Avenue. Not only was there considerable erosion to the creek embankments but the bike trail and a concrete private access bridge were washed out. In addition there was considerable erosion and scouring to the foundation of the Lemay Avenue Bridge. In the aftermath of the flood temporary repairs were made to the bike path and Lemay Avenue Bridge foundation. The owner of the property served by the bridge had a new concrete bridge constructed over Spring Creek in the same location as the one that had washed out. The current project will repair the flood erosion to Spring Creek as well as reinforce the creekbed and sides to prevent future damage. In addition, the temporary bike path will be removed and replaced with a permanent concrete bike path. Additional permanent repairs are planned to the Lemay Avenue Bridge. The private access bridge in its present location presents a serious constriction to flood flows in Spring Creek. The bridge presence causes a significant increase in the 100-year floodplain and puts other properties and structures on the west side of Lemay Avenue in danger. During the 1997 flood, several properties and structures on the west side of Lemay, north of Spring Creek were flooded. In addition,flows were diverted around the private bridge and crossed Lemay Avenue north of the Lemay Avenue Bridge and flooded properties on the east side of Lemay Avenue as well. The project also plans to remove this private access bridge,thus removing the constriction to Spring Creek Channel. The easements are needed to provide a new access to the residence served by the bridge,as well as sanitary sewer service,along the south side of Spring Creek from Lemay Avenue. The project final design phase was completed in August 2000. Since that time staff has been in negotiation with Spring Creek Health Care Center and their legal counsel. At present an agreement has not been reached.Although staff is continuing to negotiate with the property owner,it is possible that the easements will have to be acquired by eminent domain. Based on the anticipated start date for the construction and the amount of time required for eminent domain proceedings,it is necessary to take the first step in the eminent domain process. Staff has advised the property owner that it is not unusual for the City to authorize the possible use of eminent domain at the same time as negotiations are taking place. The property owner has been assured that it is the City's intention to continue good faith negations for the easements. At this time, easements must be acquired from the following property owner: Spring Creek Health Care Center 1000 East Stuart Staff recommends that Council authorize the use of eminent domain to acquire easements from this property owner. The property owner has been notified that the City Council will be considering this recommendation. SPRING CREEK HEALTH CENTER LOCATION MAP En rn z 1 -� Z m Ell QTI I A DT CT rn � m �nm �- N W E S ORDINANCE NO. 5, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN EASEMENTS NECESSARY FOR DRAINAGE IMPROVEMENTS TO SPRING CREEK AT LEMAY AVENUE WHEREAS, the construction of drainage improvements to Spring Creek at Lemay Avenue (the "Project") is scheduled to begin in the Winter-Spring of 2001; and WHEREAS, the proposed improvements will include repairs to the Spring Creek channel caused by the July 1997 flood,reinforcement of a retaining wall,reconstruction of the Spring Creek bike trail, and removal and relocation of sewer line and removal of a private access bridge which constrict the flood flow of Spring Creek, which improvements are necessary to prevent additional flooding and resultant property damage; and WHEREAS, the removal of the private access bridge will deprive the property presently served by the bridge of ingress and egress and as such, an alternative access is to be relocated in connection with the Project; and WHEREAS,it is necessary for the City to acquire temporary and permanent easements across certain property owned by the Spring Creek Health Care Center for the purpose of constructing the above described improvements in connection with the Project; and WHEREAS, the City has negotiated and will continue to negotiate in good faith for the acquisition of said easements across the property from the owner thereof; WHEREAS,the acquisition of these easements across the property is desirable and necessary for the improvements, is in the best interest of the city, and enhances the public health, safety and welfare; and WHEREAS, the acquisition of such easements, may, by law, be acquired through eminent domain proceedings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 temporary construction easement, a permanent utility easement and a permanent access easement across the property owned by Spring Creek Health Care Center as described in Exhibit "A" (consisting of 4 pages) and incorporated herein by,this reference, for the purpose of making repairs Spring Creek and constructing related improvements in connection with the Project. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the said easements across the property for the City by eminent domain proceedings. Section 3. The City Council finds, in the event that acquisition by eminent domain proceedings of any property interest described in this ordinance is commenced, that the immediate possession of said property interest is necessary for the public health, safety and welfare. Introduced and considered favorably on first reading and ordered published this 2nd day of January, A.D. 2001, and to be presented for final passage on the 16th day of January, A.D. 2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 16th day of January, A.D. 2001. Mayor ATTEST: City Clerk Hahn Hohn I UMC1WE rEMA 1 1 I _� foo rle. n000ruH� l l , 7 Hohn ily of Fort Collins �--- _--- J / X to _ � l.Tr r ♦ , ♦ ♦ ♦ , t , , � i / __�_ `... --- _ o - ♦ ,fie r ,♦♦ ♦ ♦ ♦ ♦ ♦ > r ♦ ♦ , ♦ . � - I -^Q' / % - r � ___-' '�/; .-�{ erg � �- ♦ ./ ♦ ♦ ♦. , ♦ , • , , i , ♦ J ` / �IOO-IR_ Af fl0 11 �/ _ \ `. ., ♦ r 1 3 i // 2,?7 S FT. S4 FT. I \\ I �T7{� R§�1► I T7'K WOW'. il Hahn !1 Sprint' Creek S I 1/4 I SBC� 119 �IVW114 �� Itl�l �,� y� i�r ..--""'� llll Ileallh Core Center ll (Murdn F. Poer h Co.) . PERYANBNTI UTILITY BASBYANT 4592 SQ. Fn PBRYANBNT AMISS BASBYBNT 3-37 SQ. FT. M3TBYPoRARY 'CONSTRUCTION KASBYBNr 11792 SQ. FT. 5� 9111110 SCALE 1".50' CRY OF FT COLLINS PM CREEK CHANNEL I•� PROVEMDfli AT LEIAAY AVMPE o xis 50 � CO.AjqF� lfP ROW ACoL%9r 10N OPM3 LEADOWS ON apma cFvm LoT i rlrtr 9su Exhibit "A" Page 2 of 4 PROPERTY DESCRIPTION Temporary Construction Easement (Lot 1-North Parcel) A parcel of land being part of Lest One(I),Replat of Springmeadows on Spring Creek City of Fort Collins,County of Lorimer,State of Colorado as recorded June 26,1972 in Book 1509 on Page 639 of the records of the Larimer County Clerk and Recorder(LCCR)and being part of die Northeast Quarter of the Northeast Quarter(NE114 NEI/4)of Section Twenty-four(24), Township Seven Notch(T.7N.),Range Sixty-nine West(R.69 W.)of the Sixth Principal Meridian(6th P.M.)and being more particularly described as follows: BEGINNING at the Northeast Comer of said Lot 1 and assuming the Fast line of said Lot I as bearing South o0009VV West a distance of 615.31 fee,as platted,with all other bearings contained herein relative thereto: THENCE South 00"09'00"West along said East line a distance of 101.62 feet; THENCE South 9900417"West a distance of 16.53 feet to a Point of Curvature(PC); THENCE along the Are of a curve which is concave to the North a distance of 5.45 fa,whore Radius is 20.00 feet.whose Delta is 15"3613",and whose Long Chord bears North 83a07'17' West a distance of 5.43 fees to the Point of Tangency(PTg THENCE North 750 17 10"West a distance of 104.69 fees to a PC; THENCE along the Arc of a curve which is concave to the South a distance of 4.74 feet.whose Radius is 20.00 fed,whose Delta is 13"34'15",and whose Long Chord bears North 82006191 West a&ata=of 4.73 fees to the PT; THENCE North 88053125"West a distance of 28.81 feet to the West line of said Lot 1; THENCE North 09°14'3V East along said West line a distance of 54.16 feet to the Northwest Comer of said Lot 1; THENCE North 82"1 B'00"East along the North line of said Lot I a distance of 149.58 feet to the POINT OF BEGINNING. Said desanbed parcel of land contains 11,732 Square Fed(0.269 Acres),mom or less(t)and is subject to any righta-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land SURVEYOR'S CERTIFICATE 1,Charles B.Jones,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge,information,belief,and in my professional opinion aq0"a Charles B.Jones t 1 .Z 09, i Colorado Registe 4 ssional Land Surveyor #22 rµ tatt0 " KING SURVEYORS,INC. 9299 Eastman Park Drive Windsor,Colorado 80550 (970)686.5011 Project Number:99155 (July 12,2000) (Fik:lotl-n.nn) Exhibit "A" Page 3 of 4 PROPERTY DFtiC__�IP7tnN • Permanent Easement (Lot 1-South Parcel) A parcel of land being part of lot One(I).Replat of Springmeadows on Spring Creek,City of Fort Collins,County of Larimer,State of Colorado as recorded June 26,1972 in Book 1509 on Page 639 of the records of the Larimer County Clerk and Recorder(LCCR)and being part of the Northeast Quarter of the Northeast Quarter(NEl/4 NEIA)of Section Twenty-four(241 Township Seven North(T.7N.).Range Sixty-nine Wast(R69W.)of the Sixth Principal Meridian(6th P.M.)and being more particularly described as follows BEGINNING at the Northeast Comer of said Lot 1 and assuming the East line of said Lot 1 as bearing South 00"09'00"West a distance of 615.31 feet,as platted,with all other bearings contained herein relative thereto: THENCE South 00"09'00"West along said East line a distance of 121.62 feet to the TRUE POINT OF BEGINNING: THENCE continuing South 00°0700"West along said East line a distance of 1226 foci; THENCE North 89051'00"West a distance of 140.00 fat; TJIENCE South 00"09'00"West a distance of 17.00 feet: THENCE North 99*5100"West a distance of 19.78 fat to the West line of said Lot 1; THENCE North 00"00'00"East along said West line a d'im=of 57.03 feet THENCE South 88"S3'25"East a distance of 29.28 fat to a Point of Curvature(PC); THENCE along the Arc of a curve which is concave to the South a distance of 4.74 feet,whose Radius is 20.00 feet,whose Delta is 13"34'15",and whose Long Chord bean South 82006,18' East a distance of 4.73 fat to the Point of Tangency(PT); THENCE South 75019'10"East a distance of I05.05 feet to a PC; THENCE along the Arc of a curve which is concave to the Nosh a distance of 5.45 fat,whose Radius is 20.00 feet,whose Delta is 15"3613",and whose Long Chord bears South 8390Tl7" East a distance of 5.43 feet to the PT; THENCE North 89"04'37"East a distance of 18.90 feet to the TRUE PODNT OF BEGINNING. Said described parcel of land contains 4,592 Square Pm(0.105 Acres),more or less(f)and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. cURVEYOR'S CERTIFICATE 1,Charles B.Jones,a Colorado Registered Professional land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge,information,belief;and in my professional opinion. Charles B.Jones 10 2098 u Colorado Registerc }'fissional / Land Surveyor 82209 �4L LA O• .' MG SURVEYORS,INC. 9299 Eastman Park Drive Winds",Colorado 80550 (970)686.5011 Project Number:99155 (July 12,2000) (File:loll-2.au) Exhibit "A Page 4 of 4 PROPERTY DESCRIPTION PermaoeotTaaoml A parcel of land being put of Lot One(1).Rcplat of Springmadows on Spring Crock.City of Fat Collins,County of Lairm,State of Colorado as recorded Juno 26,1972 in Book 1509 on Page 639 of the moords of the Lasimer County Clerk and Recorder(I.CCR)and being part of the Northeast Quarter of the Northeast Quarter(NE1J4 NEIM)of Section Twenty-four(241 Township Seven North(T.7N.). Range ScaryHtios West(R.69W.)of the Sinth Principal Meridian(6th P.M.)and being more pardalarly described a follows: BEGINNING at the Northeast Coma of said Lot 1 and assuming the East lira of said Lot I a beumg South 00°09'00"Want a distance of 61531 fed,as platted,with all other hearings contained basin reWWe thersm: THENCE South 00*09,00"West along said Fast line a distance of 101.62 fed to the TRUE POINT OF BEGINNING: THENCE continuing South oii- '00"West along said F.W line a distance of 20.00 feet; THENCE South 8900437"Wed a distance of 19.90 fat to a Point of Clnvdure(PQ THENCE along tlw Arc of a curve which is eertcavm to the North a distance of 5.4$fed,Whore Rodin is 20.00 fat,whom Delta is 15'36.13",and whose Lang Chord bears North 8340717"Was a distance of SA3 fat to Ow Point of Tangency M THENCE North 75019'10"West a diemce of 105.05 fed to a PC; THENCE along the An of a curve which is concave to the South a distance of 4.74 feet,whose Radius is 20.00 feet,wham Delta is 13034'I5',and wbae Long Chad been North 82"06'18'West a distance of 4.73 he to the PT, THENCE North 88"S3'25'West a distance of 2928 feet to the Wed line of said La 1; THENCE North 0904190'East along said West line a distance of 20.20lost; THENCE South 88.5325"East a distsoa of 28.81 fed to a PC; THENCE along the Arc of a curve which is conesve to the South a distance of 4.74 feet,whom Radius is 20.00 feet.whose Delia is 13934'15',and whose Long Chord bean South 926WIr Eau a distance of 4.73 feel to the FT•, THENCE South 75019'10'Eat a distance of 104.69 foct to a PC; - THENCE along the Am of a curve which is concave to the North a distance of SAS feet,whoa Radius is 20.00 feet,wham Dales is 15036'13".and whoa Long Chord bean South 830V17"Fad a distance of 5.43 fat to the PT; THENCE North 89°04'37'East a distance of 16.53 fat to the TRUE POINT OF BEGINNING. Said described parcel of land contains 3,237 Square Feet(0.074)Acres,moss or lot(*)and is subject to any rights-of-way or other easements as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE L Charles B.Jonas,a Colorado Registered Professional Land Surveyor do hereby state that this Properly Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my Imowledge,infom,atim belle(and in my pmfeaional opinion. Charles B.Jones 4. e2 098 Colorado Registered 6 Land Surveyor #2209 . N4f MOD KING SURVEYORS,INC. 92"Eastman Pak Drive Windsor,Colorado $0530 (970)68ti•5011 project Numbs;99155 _ (July 12.2000)