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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/18/2008 - SECOND READING OF ORDINANCE NO. 029, 2008, AUTHORI ITEM NUMBER: 13 AGENDA ITEM SUMMARY DATE: March 18, 2008 FORT COLLINS CITY COUNCIL STAFF: Craig Foreman Patrick Rowe SUBJECT Second Reading of Ordinance No. 029, 2008, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Trail Improvements. RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY In assembling property interests for the south-west segment of the Fossil Creek Trail, the City has encountered a property with a significantly complicated and ambiguous ownership. Due to the degree of complication and the property's keystone importance,staff proposes condemnation as the most cost effective and efficient approach to acquire the City's desired purchase of 1,064 square feet. The City has contacted the personal representative of the only surviving original owner, and the representative was agreeable to the condemnation approach. Ordinance No.029,2008,unanimously adopted on First Reading on March 4, 2008, authorizes the acquisition by eminent domain proceedings. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- March 4, 2008. (w/o original attachments) ATTACHMENT 1 ITEM NUMBER: 19 AGENDA ITEM SUMMARY DATE: March 4, 2008 FORT COLLINS rnLp STAFF: Craig Foreman Patrick Rowe SUBJECT First Reading of Ordinance No. 029, 2008, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Trail Improvements. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT Real Estate Services staff estUatesh alue prope to be $1,140. This valuation was derived from the negotiated pri i at jacent perty purchased on December 22, 2006. The authorization of eminent domain will greatly reduce staff and legal costs associated with resolving the unusual ownership complications of this parcel. EXECUTIVE SUMMARY In assembling property interests for the south-west segment of the Fossil Creek Trail, the City has encountered a property with a significantly complicated and ambiguous ownership. Due to the degree of complication and the property's keystone importance,staff proposes condemnation as the most cost effective and efficient approach to acquire the City's desired purchase of 1,064 square feet. The City has contacted the o al r se e o o surviving original owner, and the representative was agreeab to th de ti a ro h. BACKGROUND As part of expanding and furthering the connectivity of the City's master trail system, the City is working to extend the Fossil Creek Trail south from Fossil Canyon Park to CR 38E(West Harmony extended). The majority of the necessary property interests for this 1,291 linear feet connection was purchased approximately a year ago, and a linear span of only 24 feet remains. March 4, 2008 -2- Item No. 19 Situated between the previously acquired trail easement and CR 38E, the City has encountered an unusual property. The parcel is approximately 1/4 of an acre in size(11,165 sq ft)and is shaped like a wedge which tapers to the east. The property sits between and separates two 10-acre residential lots from CR38-E (see attached p� According to title research, th parcel p at the unty tax lien sale in 1946. Two owners of record are shown in th ale s is-in- on. One of the two owners died in 1963, and unfortunately left no will, deed, or other evidence of a legal title transfer. These situations are typically resolved by the courts, relying on inheritance laws. However, due to low property value and the exceedingly high number of possible benefactors (children and grandchildren)this owner initiated process seems unlikely and cost prohibitive. The second owner currently resides in Wyoming, but due to illness, a Wyoming Court appointed the second owner's nephew as guardian and conservator of her affairs. The City has contacted the nephew and discussed its desire to purchase the second owner's ownership interest in the property, and the nephew was agreeable to this proposition. However, the nephew's conservatorship was granted in Wyoming and in order to be effective in Colorado,a separate expensive legal action will be required for the nephew to act on the property owner's behalf in Colorado. The City has experienced great difficulty in purchasing a small portion of this parcel which is needed to extend the trail to CRCth b i o n ofthe parcel is approximately 1,064 square feet in size and t eal E t as valued the portion at $1,140 (utilizing the negotiated price ent 1 case). In light of the highly complicated inheritance issues, the lengthy and expensive legal action necessary to establish the nephew's administrative rights, and because of the minimal value attributed to the real estate, staff recommends and seeks from Council authorization to pursue eminent domain, as the most efficient and practical approach to acquire the necessary real estate. ATTACHMENTS 1. Location map. COP ORDINANCE NO. 029, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT THE FOSSIL CREEK TRAIL WHEREAS, the City is expanding and furthering the connectivity of the City's master trail system for use by the public in recreation and transportation; and WHEREAS, the Fossil Creek Trail will be extended south from Fossil Canyon Park to CR- 38E (the "Project"); and WHEREAS, in order for the City to construct the Project it is necessary for the City to acquire certain property interests (the "Property") as described on Exhibit "A" attached and incorporated herein by this reference; and WHEREAS, the acquisition of the Property is desirable and necessary for the construction of the Project and is in the City's best interest in order to promote public health,safety,and welfare; and WHEREAS,the acquisition of the Property may,by law, be accomplished through 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 Property described on the Exhibit"A"for the purpose of constructing the Project. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property for the City by eminent domain. Section 3. That the City Council finds, in the event that acquisition of the Property described in this Ordinance is commenced by eminent domain, that immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 2008, and to be presented for final passage on the Ali day of March, A.D. 8. Mayo , AT - ULV City Clerk Passed and adopted on final reading on the 18th day of March, A.D. 2008. Mayor ATTEST: City Clerk