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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/20/2000 - FIRST READING OF ORDINANCE NO. 80, 2000, AUTHORIZI AGENDA ITEM SUMMARY ITEM NUMBER: 25 DATE: June 20, 2000 FORT COLLINS CITY COUNCIL Ron Mills/ STAFF: Matt Baker SUBJECT: First Reading of Ordinance No. 80, 2000, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the Street Oversizing Project - Timberline Road from Harmony Road to Harmony Drive. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: Property appraisals indicate that acquisition costs will be covered by available funds, even if condemnation is required. These funds have been appropriated in the Street Oversizing fund. 7 EXECUTIVE SUMMARY: In conjunction with two major developments under construction at the intersection of Harmony Road and Timberline Road, the Street Oversizing Program is scheduling road widening and intersection improvements. The two developments; Poudre Valley Health Systems South Campus and the Harmony Village commercial development (Cinemark Theatres) require widening of Harmony Road and Timberline Road. In addition to widening, there will be intersection improvements to add double left turn lanes, landscaped medians, bike lanes and sidewalks. Rights-of-way for three corners of the intersection have been acquired through development dedication. On the northwest comer are several properties that were originally developed in the County and subsequently force-annexed into the City of Fort Collins. There is insufficient right—of--way along these parcels to widen Timberline to current standards. Although the City could wait until redevelopment to obtain the right—of--way, street improvements need to take place immediately to adequately handle the anticipated traffic in the developments under construction. There has been much interest by developers in assembling and redeveloping these parcels, however, no firm proposals have been submitted. Additional right-of-way in a pie shaped wedge is required on Timberline, 44.28 feet wide at the Harmony intersection and tapering to zero feet at the northern tip, approximately 1000 feet north DATE: June 20, 2000 2 ITEM NUMBER: of Harmony Road (see attached map). This proposed right-of-way effects seven lots abutting Timberline Road. The City has acquired three of the parcels needed for the project and is negotiating with the remaining four property owners. All parties are hopeful that acquisition will be accomplished by agreement.— - Negotiations for these projects have begun and all parties are hopeful that acquisition will be accomplished by agreement. However, this authorization will allow the City to begin condemnation proceedings if the negotiations are not successful. The property owners understand that the City is taking this action and that staff will continue the current good faith negotiations to acquire the property. The property owners are: Wilbur J. Vos and Jerre Sue Vos and Clifton M. Jones JAL, a partnership Charlotte A. Shanahan Mark R. Knoll and Janet P. Knoll BACKGROUND: At the intersection of Harmony Road and Timberline Road, there are two major developments close to finishing construction, Poudre Valley Health Systems South Campus and Harmony Village (Cinemark). The cinema opened in May 2000, and the Poudre Valley Health Systems is scheduled to open in June 2000. For the past two-years City staff and the developers have been working on roadway improvement plans to mitigate traffic impacts anticipated with their developments. They have gained approval through the city Development Review process and have coordinated their design with the recommended requirements from our City planning department. The improvements will span from Rockport Court north to Harmony Drive on Timberline Road and form the Union Pacific Railroad tracks east to the Harmony Road Community entrance on Harmony Road. The project will include reconstruction of the roadway, including curb, gutter, sidewalks, and bike lanes. Staff has designed the project to save the old Harmony School from being relocated. There are still issues regarding the relocation of the Harmony Gas Station building. The Colorado Department of Transportation has worked with the City of Fort Collins to coordinate the standards required by the State Highway Department issue construction permits for the work. The project is planned to begin this fall with utility relocations. Street improvements are planned for construction in March of 2001, with final completion in the fall of 2001. Funding for the project is through the Street Oversizing Program and developer contributions. ORDINANCE NO. 80, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONNECTION WITH THE STREET OVERSIZING PROJECT - TIMBERLINE ROAD FROM HARMONY ROAD TO HARMONY DRIVE WHEREAS, the Street Oversizing Project -- Timberline Road from Harmony Road to Harmony Drive (the "Project") is scheduled to take place in the spring of 2001; and WHEREAS,the Project includes the widening of Timberline Road from Harmony Road to Harmony Drive; and WHEREAS, it is necessary for the City to acquire certain properties hereinafter described for the purpose of constructing street improvements, bicycle, pedestrian and other related improvements in connection with the Project; and WHEREAS,the City has previously negotiated and continues to negotiate in good faith for the acquisition of said properties from the owners thereof, which negotiations have thus far been unsuccessful; and WHEREAS,the acquisition of the properties is desirable and necessary for the construction of the improvements, is in the 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 properties described on Exhibits"A"through"D",attached hereto and incorporated herein by this reference, for the purpose of constructing street improvements, bicycle, pedestrian and other related improvements for the Project, in connection with 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 said real properties 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 said parcel(s) is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 20th day of June, A.D. 2000, and to be presented for final passage on the 18th day of July, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 18th day of July, A.D. 2000. Mayor ATTEST: City Clerk EXHIBIT A Page 1 of 2 • DESCRIPTION: SHANAHAN PROPERTY A tract of land located in the Southeast Quarter of Section 31, Township 7 North, Range 68 West. of the 6th Principal Meridian,City of Fort Collins,County of Larimer,State of Colorado being,more particularly described as follows: Considering the East line of said Southeast Quarter as bearing North 00019155" East and with all bearings contained herein relating thereto: Commencing at the Southeast comer of said Section 31;thence along said East line,North 00°19'55" East, 579.38 feet;thence,North 89028'05" West, 30.00 feet to a point on the West right-of-way line of TIMBERLINE ROAD and the POINT OF BEGINNING, said point also being,on the South line of that parcel of land described at Reception No. 93027387 on file at the Larimer County Clerk and Recorder Office; thence along said South line,North 89°28105" West, 38.43 feet; thence departing said South line,North 01°52'24" East, 170.05 feet to a point on the North line of that parcel of land described at said Reception No. 93027387; thence along said North line, South 89' 28'05" East, 33.86 feet to a point on said West right-of-way line of TIMBERLINE ROAD; thence along said West right-of-way line, South 00°19'55" West, 170.00 feet to the Point of Beginning. The above described tract of land contains 6,144 square feet more or less and is subject to all easements and rights-of-way now on record or existing. • EXHIBIT 823-001 DWG. NAME: SHANAHAN.DWG A q z r to r Pace 2 of 2 rn>0 m D r1p� mom V• N 20m pmr �m ZOrr, �T1 �o poO z m pmq 0 >y L4 O� > u V N ti Cc u v Q m y Z r !�N Ot'S2'24" E 170.05' w p CAN co Pi m a �= SHAN PROP to m 3 6.144 sq.ft.\ a mC." �+ 0.141 acresm N S 0019'55" W 1 10.00' rn WEST LINE OFTIMBERLINE ROAD— c N 00*19'55" E E 579.38' j EAST LINE OF THE SE 1/4 OF SECTION 31 m m o m (BASIS OF BEARINGS) I N 0_10 oN Qom Ln oA -�*a � � W z TIMBERLINE ROAD oco� o ;o -nxo z0 vo mom w0 v I 00 0 0 -Oz jrm v rn p-i r °D rr- n zm> �zm omv = z zip-4 z -� _ > m ss <mm m X °`oo z 2 a a m= o 3 > m-+ "a m ymZq -f Ul 0 -4 mm m--i oom g mj0 or"n omm mmc) O>z g z+ EEX1411BI:l of 2 DESCRIPTION: VOS PROPERTY A tract of land located in the Southeast Quarter of Section 31, Township 7 North, Range 68 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 said Southeast Quarter as bearing North 00°19'55"East and with all bearings contained herein relative thereto: Commencing at the Southeast comer of said Section 31; thence,North 44' 33'46" West,42,50 feet to the POINT OF BEGINNING, said point being on the North light-of-way line of HARMONY ROAD; thence alone, said North right-of-way line, North 89' 2727" West, 79.79 feet; thence departing saidNorth right-of-way line,North 45°00'10"E,42.51 feet;thence,North 00'26'24"East, 84.17 feet to a point on the North line of that parcel of land described at Reception No. 92057196 on file at the Larimer County Clerk and Recorder Office; thence alone, said North line,North 71° 09'04" East, 52.67 feet to a point on the West right-of-way line of TIMBERLINE ROAD; thence along said West right-of-way line, South 00' 19'55" West, 132.00 feet to the Point of Beginning. The above described tract of land contains 6,597 square feet more or less and is subject to all easements and rights-of-way now on record or existing. g Y g EXHIBIT 823-001 DWG. NAME: VOS.DWG B Page 2 of 2 m O m N A r Y> �I�� rZi X .� m0> I�y r Z A aD•>7-� /r c=m O > c a% m Lnn v = D -I�n� cy m r ZOO s z IT1 n�Z-1 11- o v o Z a f*1 >W 1 q I > - > O %D ID CN% o V Z Mr.-1 G cNil as oNj C1 �m0r u0i M � 1n1nm .� mazo .0 x >s N>=> 0 2 v-a m v m �n�� L3O' RIGHT m- Ar1n <OZOF -C WIDTH moc '-110 X -�p� n'n=m zN2 m>O O� Ul T 0rm 0ZA r0p i z 0m0 �p� om>C > IrM-1 itj o Z rri V z > ~ �D rri mG�>T 0 Pm Zm� Cr0 m a too O = . . -1 rn Z m W� � �m o rn O I ``' D o L3 0 v p m O rn,< r\n4 L10N \z�n a � Z p ,n p 0 m ^•\ � �L5 m m WEST LINE OF TIMBERLINE ROAD o n O 0 _ N 00'19'55' E _ j Z Z EAST LINE OF THE SE 1/4 OF SECTION 31 A (BASIS OF BEARINGS) O D -n N u TIMBERLINE ROAD m rn t n _. ..' GO c .p O Z 00 w ; iZ vX ED DESCRIPTION: JAL PROPERTY A tract of land located in the Southeast Quarter of Section 31, Township 7 North, Range 68 West of the 6th Principal Meridian,City of Fort Collins,County of Larimer,State of Colorado being more particularly described as follows: Considering the East line of said Southeast Quarter as bearing North 00°19'55" East and with alll bearings contained herein relative thereto: Commencing at the Southeast comer of said Section 31; thence along said East line, North 000 19'55" East, 162.00 feet; thence,North 89028'06" West, 30.00 feet to a point on the West right-of- way line of TIMBERLINE ROAD and the POINT OF BEGINNING said point also being on the South line of that parcel of land described at Reception No. 87062358 on file at the Latimer County Clerk and Recorder Office; thence along said South line, South 71°09'25" West, 52.67 feet; thence departing said South line,North 00'26'24"West, 15.30 feet;thence,North 01'52'24"East,202.23 feet to a point on the North line of that parcel of land described at said Reception No. 87062358;thence along said North line, South 89°28'05' East, 44.28 feet to a point on said West right-of-way line of TIMBERLINE ROAD;thence along said West right-of-way line,South 00°19'55"West,200.00 feet to the Point of Beginning. The above described tract of land contains 9,828 square feet more or less and is subject to all easements and rights-of-way now on record or existing. • EXHIBIT e' 823-001 DWG. NAME: JALDWG C rn z 0 Page 2 of 2 �Ox maa 0 m �Nr Mal N Znm �a / Z A o m r O m 0 z Z 0 z A rn �02 O Oa)0 D m ~> Ln rj m 0 r7W�1 N j ass ~ m '0 � W p 0. r CO 50 n o f J A fr 0 u N 01'52'24" E to .. m D o o 202.23' w nm no sm.a m o� � � N� a\ZZ rnm� A Ito J O � Z oMA N aD ZZ 4 z0 � n.0 mo � S 00'19'S5" W ICA 4 v WEST LINE OF TIMBERLINE ROAD 0 O n Cprh 162.00" C, N 00'19'55" E EAST LINE OF THE SE 1/4 OF SECTION 31 w Z (BASIS OF BEARINGS) Q O m o C 'n D 0o e M 1n TIMBERLINE ROAD -,Imp rn =MI � a mo> z � 0-4 M w A C=Ca I Z Zynn vX 49-,- rn 00502 °v r>w> r mo m Dazo X >s 0 o = ?-am m cn ->in.4_0 M -� D m�ZZ { g , o�=m u1 -O r po 0 oM>C M-4Z-i an s 0 W> Imm �"� Pm to � m EXHIBIT D Page 1 of 2 DESCRIPTION: KNOLL PROPERTY A tract of land being a portion of LOT 5, HARMONY HALF ACRES, located in the Southeast Quarter of Section 31,Township 7 North,Range 68 West of the 6th Principal Meridian,City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of said LOT 5 which bears South 00'19'55" West, 85.05 feet and with all bearings contained herein relative thereto: BEGINNING at the Southeast comer of said LOT 5; thence along the South line of said LOT 5, North 89°28'05" West, 13.25 feet; thence, departing said South line,North 00' 18'13" East, 99.91 feet to a point on a non-tangent curve concave to the southwest,having a central angle of 83°29'26" a radius of 15.00 feet and the chord of which bears South 41° 24'17" East, 19.97 feet; thence along said curve 21.86 feet to a point on the West right-of-way line of TIMBERLINE ROAD;thence along said West right-of-way line, South 00°19'55" West, 85.05 feet to the Point of Beginning. The above described tract of land contains 1,279 square feet more or less and is subject to all easements and rights-of-way now on record or existing. • • EXHIBIT 823-001 DWG. NAME: KNOLL.DWG D = Page 2 of 2 M 0 z > pro M 7� _ ° z a -< '� p No > C to n m Z Qr'n �i nab m O m ((A ~ a ^v m � vA nQ L2 A1\ L3 `an Z � n j0 WEST LINE OFTIMBERLINE ROAD �o m _ Z u EAST UNE OF LOT S * v AND W. UNE OF p F I ;0 p f,y TIMBERUNE ROAD i 11 _ (BASIS OF BEARINGS) 00 -1 No9 s-E 35.8 n 6 TIMBERLINE ROAD m 935.8 -1 0 O 0 Z A z > � m - Mr-M mC);> co 00--1On� c am Mo A z.�WN cn � < {�+ r Z�r> C)o0oz N rm- rr>"z-Im � � D M =oz z n QCVZ> r X a, a � WN - r tnZZOm0 M 2 D c H M r Z > �N� _ m z m-?00 y —i Ul AAr LA - Ln = 'lozm-On o Cl r n�mNr- °' W z of r-OCD-4O pzmm 2 0 4 11 A M- CIN m n*> � d LnCjLA - ooIMM> r e r; c r-im; M m zo O = n Ll � -n-C it x 1� .� ■gI11I �� •� �I� �p■\II�N ■ 1••ONN■gl � •Ip� ,gym ■ �� Nu■� i■•n"� �uq/Ij �Itl••u d \gq•ai■iw : : • �� q■. �I �nnun'. d� •• �"'i •u��iuuull� o'ir � IIIIIh„1 qqq V i j, IIII� �qll M qll l i ie.�c;•'�I�♦n ■ �fi - h 1• I� ��� III �g11B =� � ♦ + Il� '�• ►�n•�a• � �� qql� �+�- •\III ��1�� •■•Ih I�i • N p�•mn�0� Iu � ♦♦�j► � i ���� ��� Q��n w n it oiili��o f��;i n����♦���-��♦♦♦i1 III i /dou IulmuO I►Im■■►�/.11�p� 1► � !g3 ryq d,�e ;;mot qC•' - oaoo Ir -___-�n-_____ a, a!-OOf Zq �•✓� 1 I rags w 11.1 of I w ''s .'oa.ai aa.aro ` fO aa-oot J 16 cr I I nd W I A ! 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