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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/18/2000 - FIRST READING OF ORDINANCE NO. 84, 2000, AMENDING AGENDA ITEM SUMMARY ITEM NUMBER: 30 FORT COLLINS CITY COUNCIL DATE: July 18, 2000 STAFF: Link Mueller/ Ron Mills SUBJECT: First Reading of Ordinance No. 84, 2000, Amending Ordinance No. 40, 2000, Authorizing Acquisition by Eminent Domain Proceedings of Certain Easements for the Locust Street Outfall Project. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: The City is seeking to acquire a minor amount of additional land for the temporary construction of the Old Town Master Drainage Plan capital project. Property appraisals have been completed and sufficient funds have been appropriated and budgeted. There will be no additional funds expended for this amended temporary construction easement. EXECUTIVE SUMMARY: 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 12' x 6' culvert and 1700 feet of 72 inch pipe. Additional inlets, necessary curb and gutter replacement,and asphalt replacement will also be replaced with a 27-inch sanitary sewer, roughly following the route of the proposed storm sewer. In April 2000,City Council adopted Ordinance No.40,2000,authorizing the use of eminent domain if necessary to obtain the needed easements. After adoption of Ordinance No. 40, 2000, the legal description for the temporary construction easement for one of the parcels needed for the Project changed. Staff has contacted the property owner affected by this change, and with this amendment,believes a willing seller agreement can be reached with the property owner. However, in order for the eminent domain authority granted by the City Council in April to conform to the most current project plans, staff is asking that Council approve this Ordinance revising the legal description for the required temporary construction easement. ORDINANCE NO. 84, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ORDINANCE NO. 40, 2000 AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN ADDITIONAL LAND NECESSARY FOR THE CONSTRUCTION OF THE LOCUST STREET OUTFALL STORM DRAINAGE IMPROVEMENTS WHEREAS, on May 2, 2000, the Council adopted Ordinance No. 40, 2000, authorizing acquisition by eminent domain proceeds of certain easements necessary for the construction of the Locust Street Outfall Project; and WHEREAS,as a result of certain adjustments to the details of the construction plans for the Project,the City must acquire additional easement area for the temporary construction easement on the Solfermoser Property; and WHEREAS, the City has previously negotiated in good faith for the acquisition of said property from the owner thereof; and WHEREAS, the acquisition of the identified property is desirable and necessary for the construction of the improvements,is in the public interest and enhances the public health,safety and welfare; and • WHEREAS, the acquisition of such 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 Ordinance No. 40, 2000 is hereby amended to add and incorporate the attached Exhibit`B",and to include and incorporate the properties in Exhibit`B"together with all references to Exhibit"A" in said Ordinance. Section 2. That Ordinance No.40,2000 be otherwise unaltered and remain in full force and effect, as amended hereby. 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 `B" A tract of land situate in the NE 1/4 of the NE 1/4 of Section 13, Township 7 North, Range 69 West of the 6`" P.M., which is described as follows: Beginning at the SW corner of the NE 1/4 of the NE 1/4 of Section 13,Township 7 North, Range 69 West of the 6"P.M., and running thence East 422.8 feet to the true point of beginning;thence North 411.0 feet,thence East 115.7 feet;thence South 411.0 feet; thence West 115.7 feet to the true point of beginning. COPY ORDINANCE NO. 40, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN EASEMENTS NECESSARY FOR THE LOCUST STREET OUTFALL STORM DRAINAGE IMPROVEMENTS WHEREAS, on January 7, 1993, Council adopted the Old Town Basin Master Drainage Plan, which would provide storm drainage protection within the Old Town Basin area; and WHEREAS, included among the capital projects in the Old Town Basin Master Drainage Plan was the Locust Street Outfall to provide major drainage improvements for the southeastern area of the Old Town Basin; and WHEREAS, on June 8, 1999, Ordinance No. 4 was adopted by the Stormwater Utility Enterprise, providing funding for the proposed improvements; and WHEREAS, it is necessary for the City to acquire certain easements hereinafter described for the purpose of construction of stormwater and wastewater improvements, and related improvements, in connection with the Locust Street Outfall; and WHEREAS, the City has previously negotiated in good faith for the acquisition of said easements, which negotiations have been unsuccessful; and • WHEREAS, the acquisition of the easements is desirable and necessary for the construction of the improvements, is in the public interest and necessary for the above-described project, which will enhance the public health, safety and welfare; and WHEREAS, the acquisition of such easements may, by law, be accomplished though proceedings of eminent domain. NOW, THEREFORE, BE IT ORDAINED 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 easements described on Exhibit "A", attached hereto and incorporated herein by this reference, (the 'Basements"), for the public purpose of constructing, operating, and maintaining stormwater and wastewater improvements, and related improvements, across the above described properties. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Easements 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 of the Easement is necessary for the public health, safety, and welfare. Introduced, considered favorably on first reading, and ordered published this 18th day of April A.D. 2000, and to be presented for final passage on the 2nd day of May, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of May, A.D. 2000. Mayor ATTEST: City Clerk . EXHIBIT "A" Page 1 of 7 DESCRIPTION: PERMANENT UTILITY EASEMENT-1 A Permanent Utility Easement being a portion of a tract of land described at Reception No. 91036970 on file at the Office of the Clerk and Recorder, Latimer County, Colorado located in the Northeast Quarter of the Northeast Quarter of Section 13,Township 7 North,Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Latimer, State of Colorado being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 13 as beating South 18°40'34" West and with all bearings contained herein relative thereto: That portion of an easement 50 feet in width with foreshortened and prolonged sidelines to meet the East and West property line of said tract of land described at Reception No. 91036970 and shall be 25 feet each side measured at right angles and parallel with the centerline described as follows; Commencing at the Northeast corner of said Section 13:thence,South 51"46'21"West, 1483.08 feet to the POINT OF BEGINNING of said centerline; thence along said centerline, North 82°02'48" West, 118.14 feet to the Point of Terminus of said centerline. . The above described Permanent Utility Easement contains 5907 square feet more or less and is subject to all easements and rights-of-way now on record or existing. • EXHIBIT"A" Page 2 of 7 DESCRIPTION: TEMPORARY CONSTRUCTION EASEMENT- 1 A Temporary Construction Easement being a portion of a tract of land described at Reception No. 91036970 on file at the Office of the Clerk and Recorder, Latimer County, Colorado located in the Northeast Quarter of the Northeast Quarter of Section 13,Township 7 North,Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: All of that tract of bud described at said Reception No. 91036970, EXCEPTING the South 38 feet of said tract. The above described Temporary Construction Easement contains 0.991 acres more or less and is subject to all easements and rights-of-way now on record or existing. • EXHIBIT "A" Page 3 of 7 DESCRIPTION: PERMANENT UTILITY EASEMENT-2 A Permanent Utility Easement being a portion of a tract of land described at Book 2289,Page 2383 on file at the Office of the Clerk and Recorder, Larimer County, Colorado located in the Northeast Quarter of the Northeast Quarter of Section 13, Township 7 North, Range 69 West of the 6"' 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 18°40'34" West and with all bearings contained herein relative thereto: That portion of an easement 60 feet in width with foreshortened and prolonged sidelines to meet the Southerly line of that tract of land described at Reception No. 90038447 and the Railroad Northeasterly Right-of-Way line and shall be 30 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 72'49130" West,750.89 feet to the POINT OF BEGINNING of said centerline; thence along said centerline, South 32°16'56" West, 173.81 feet to the Point of Terminus of said centerline. The above described Permanent Utility Easement contains 10,184 square feet more or less and is subject to all easements and rights-of-way now on record or existing. • i EXHIBIT "A" Page 4 of 7 DESCRIPTION: TEMPORARY CONSTRUCTION EASEMENT-2 A Temporary Construction Easement being a portion of a tract of land described at Book 2289 at Page 2383 on file at the Office of the Clerk and Recorder,Larimer County,Colorado located in the Northeast Quarter of the Northeast Quarter of Section 13,Township 7 North,Range 69 West of the 61h 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 18°40'34" West and with all bearings contained herein relative thereto: Commencing at the Northeast corner of said Section 13;thence, South 72°49'30" West,750.89 feet to a point on the Southerly line of that tract of land described at Reception No. 90038447 on file at the Office of the Clerk and Recorder, Larimer County, Colorado, said point also being the POINT OF BEGINNING;thence along said Southerly line, South 42°27'41" East, 3.60 feet; thence, South 16°05'30"East,81.97 feet;thence,South 22*48'16"East,56.03 feet;thence departing said Southerly line,South 58°40'07" West, 126.69 feet to a point being on the Railroad Northeasterly Right-of-Way line;thence along said Right-of-way line,North 31"11'45" West,285.00 feet to a point on the West line of said Book 2289,Page 2383;thence along said West line,North 58`47153"East,54.49 feet to a point on said Southerly line of that tract of land described at Reception No.9003 8447;thence along said Southerly line, South 85"41'57" East, 64.14 feet; thence, South 65'27'33" East, 67.85 feet; thence, South 42*27141" East, 54.34 feet to the Point of Beginning. The above described Temporary Construction Easement contains 0.859 acres more or less and is subject to all easements and rights-of-way now on record or existing. EXHIBIT "B" A tract of land situate in the NE 1/4 of the NE 1/4 of Section 13, Township 7 North,Range 69 West of the 6'P.M.,which is described as follows: Beginning at the SW corner of the NE 1/4 of the NE 1/4 of Section 13, Township 7 North, Range 69 West of the 6' P.M., and running thence East 422.8 feet to the true point of beginning; thence North 411.0 feet, thence East 115.7 feet; thence South 411.0 feet; thence West 115.7 feet to the true point of beginning. • v t „ Mn v! --- — anuany Aewal J Li a� w Ew cf) m c Cf E -- EE - _ E ^ — -- o-W cn w r,� l o� I' ssa� .a\2 —anr�Q�a 1 z w jaaj4S llooipu3 I - ----- -- w o v ?pails Mod paJ ue pp i�-- - [= ) —. 488.13S Jano3S L—————- - r iI w 1 „ v a-+ O 1 ^� - O wS N— U Pails 1 1 I y � 0 1 l i M� cu J —�y S _.. � o , - I ,— (n N _1 j aaj—s aa9Pa4M -----, - ! _ J W -- T -1 - _ ' i ;aaJ;S uosra]ad In I I L E 498i4S smayuew I 1-77 � A aa.r7S uo 6wwa i --r anuany a6alloJ