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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/18/2000 - FIRST READING OF ORDINANCE NO. 83, 2000, AUTHORIZI AGENDA ITEM SUMMARY ITEM NUMBER: 17 DATE: July 18, 2000 FORT COLLINS CITY COUNCIL Ron Mills STAFF: Link Mueller SUBJECT: First Reading of Ordinance No. 83, 2000, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands for the Locust Street Outfall Project. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: Adjacent property appraisals indicate that acquisition costs will be covered by available funds, should eminent domain proceedings become necessary. These funds have been appropriated as part of the Locust Street Outfall Project. 10 EXECUTIVE SUMMARY: The construction of the Locust Street Outfall is scheduled to start this summer. As part of the design process, an application was submitted to OmniTRAX, Inc., a holding company for the Great Western Railroad, for the crossing of the railroad tracks via a tunnel/bore. OmniTRAX indicated that it would allow the crossing of the tracks, but the City needed to pay $1,500 per year or a lump sum of$37,000 for the crossing. These fees are considerably higher than the City has historically paid for crossing licenses. Staff has attempted to negotiate with the Railway Company, without success. Staff recommends commencing the eminent domain process to obtain an easement across the railroad right-of-way. BACKGROUND: The construction of the Locust Street Outfall project is currently scheduled for the summer and fall of 2000. The proposed capital improvements include the construction of approximately 4000 feet of 108 inch pipe, 540 feet of 16'x 5' box culvert and 1700 feet of 72 inch pipe. Additional inlets, necessary curb and gutter replacement, and asphalt replacement will also be done throughout the project route. In conjunction with the stone sewer project, the area's two major sanitary trunk lines will also be replaced with a 27-inch sanitary sewer, roughly following the route of the proposed storm sewer. DATE: July 18, 2000 2 ITEM NUMBER: 17 Initial discussions with the Railroad indicated that an open-cut across the tracks would be unacceptable, as Burlington Northern-Santa Fe, Union Pacific, and Great Western use this stretch of track along Riverside Avenue. The crossing was therefore designed to tunnellbore completely under the railroad right-of-way. As such, there will be no impact to the railway operations. The Utility has had numerous crossings with all three railways in town within the last three years, with license fees ranging from lump sum payments of $1,500 to $5,000. Omn1TRAX's contention is that the large diameter of the crossing (120-inch) justifies its fee. City staff contends that even large diameter bores have not required such high fees in the past. The railroad will actually benefit by the installation of the storm sewer by decreasing the potential of the railroad tracks being overtopped and undermined during a major storm event. SUMMARY: The ability to cross below these railroad tracks impacts the first phase of the Locust Street Outfall and will significantly delay the project if resolution is not reached soon. The City began working with the Railroad in January of 2000 and submitted the application for crossing in March of 2000. Staff will continue to negotiate with OmniTRAX, but because an agreement has not yet been reached, adoption of an ordinance authorizing the use of eminent domain procedures is being requested. ORDINANCE NO. 83, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS FOR LOCUST STREET OUTFALL PROJECT WHEREAS, the City of Fort Collins desires to acquire certain real property described in Exhibit "A", attached hereto and incorporated herein by this reference (the "Property"), for the purpose of an easement for a storm sewer; and WHEREAS,the City has previously attempted to negotiate in good faith for the acquisition of the Property from OmniTRAX, Inc., which negotiations have been unsuccessful; and WHEREAS, the acquisition of the Property is desirable and necessary for the public use to enhance the public health, safety and welfare; and WHEREAS, the acquisition of the Property may, by law, be accomplished through proceedings in eminent domain. NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council finds and hereby determines that it is necessary for the public health, safety and welfare that the City acquires the Property to be used for the purpose of a storm sewer. Section 2. That the Council hereby authorizes the City Attorney and other proper officials of the City to acquire the said real property for the City by eminent domain proceedings. Section 3. That the Council hereby finds,in the event that the Property is to be acquired by condemnation, immediate possession of the same is necessary for the public health, safety, and welfare. Introduced,considered favorably on first reading,and ordered published this 18th day of July, A.D. 2000, and to be presented for final passage on the 15th day of August,A.D. 2000. Mayor ATTEST: City Clerk • Passed and adopted on final reading this 15th day of August, A.D. 2000. Mayor ATTEST: City Clerk EXHIBIT '•A,, ARCHITECTURE 2095outh Meldnam ENGINEERING Fort COIIInso)80521-2603 PLANNWSE A R. B�ROWN CONSTRUCTION 970.4825922 phone :oNsrnucnON 970.482.6368 fax www.sea,bmwnsom DESCRIPTION: PERYL4NENT UTILITY EASEMENT-6 A Permanent Utility Easement being a portion of the railroad right-of-way, located in the Northeast Quarter of the Northeast Quarter of Section 13, Township 7 North, Range 69 West of the 6 h Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 13 as bearing South 18040'34"West and with all bearings contained herein relative thereto: That portion of an easement 25 feet in width with foreshortened and prolonged sidelines to meet the Northerly and Southerly right-of-way lines of the Railroad and shall be 12.50 feet each side measured at right angles and parallel with the centerline described as follows: Commencing at the Northeast comer of said Section 13; thence, South 65-11'59" West; 890.18 feet to the POINT OF BEGIN-NTNG of said centerline; thence along said centerline, South 32°16'S6" West, 55.88 feet to the Point of Terminus of said centerline. The above described Permanent Utility Easement contains 1,397 square feet more or less and is subject to all easements and riahts-of-way now on record or existing. June 26, 2000 Rail-row.doc jaa • SEAR-BROWN EXHIBIT NO. 6 LAND 14"'T LINE. Ai RECEPYION 0;- BOOK 228% PAW V34, ON FILL. AT AN EASEMENT BEING A PORTION OF THE ikm) wwom-r?. RAILROAD RIGHT-OF-WAY LOCATED IN THE NE 1/4 OF THE NE V4 OF SECTION 13, TOWNSFIIP 7 NORTH, RANGE 69 WEST OF THE 6 th P.M, CITY OF FORT COLLINS, COUNTY OF LARIMEF4 STATE OF COLORADO. NE CORNER SEC 13—T-7N—R69W APPROXIMATE LOCATION NORTHEASTERLY RIGHT—OF—WAY LINE OF RAILROAD PER BOOK 2289 AT PAGE 2383 ON FILE AT THE CLERK AND PQiINNING/NT OF RECORDER, LARIMER COUNTY, COLORADO. BEG 5 PERMAN13(rO LqTLr"ry 1.397 sq.ft. "Pl. 0)) 0.032 acres SO. ASSUMED LOCATION OF 4 21 SOUTHERLY RAILROAD -To- RIGHT—OF—WAY LINE a Of FSI TE 8 EASEME YACC AS'ES DESCRI F. AT 2 Ab NO. 90038447 SCALE: 1" — 60' POINT OF JUNE 26. 2000 TERMINUS Locust Street Outfall - �'� ( `, Easement Locations a� `��P� ' Myrtle Street 9�e Ri`dp� . y o� °a w w it Springer Fisher 13UT t t —I. -: $ N 'I r \ Easement > „ II IOmnitrax D .-. E �;._ ° o w j 1 LEasement Y I _ I V) I U I L CD— I , TLaurel Srtr-ee�t1i Eas_pleDrive 111- t • w --- J Sol fer moseyr _ --- -- — �. IF CI r 2 III Easement > LWU > In WI '- O -_ I r V7 P ON --_ �i -._..-. � ___�' _-- i f l f h I { f I jr Cr ____________________-----1J Locust Street .: I IL _i _ _AT 1 ' Proposed Improvement Route Elizabeth Street