The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/06/2004 - FIRST READING OF ORDINANCE NO. 115, 2004, AUTHORIZ ITEM NUMBER: 28 AGENDA ITEM SUMMARY DATE: July6, 2004 FORT COLLINS CITY COUNCIL STAFF: Matt Baker SUBJECT First Reading of Ordinance No. 115, 2004, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the Street Oversizing Drake and Ziegler Road Realignment Project. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT The acquisition costs will be covered by the Street Oversizing Fund. EXECUTIVE SUMMARY A slope easement and construction easement are required for the construction of improvements to Drake Road east of Timberline,across property owned by the Cargill Corporation("Cargill"). This property is currently used for seed research and is an agricultural operation. This property was annexed into the city as an enclave. The property is now surrounded by the active developments of Rigden Farm and Sidehill. The Street Oversizing Program has been working with the development projects to obtain the right of way necessary to construct improvements to Drake Road from Timberline to Ziegler and construct improvements on Ziegler Road to Horsetooth. This will complete a critical transportation link in the area. These new roadways will meet minor arterial standards and eliminate the current substandard roadway (CR13) with sharp curves and three narrow one lane bridges. Two fatal accidents have occurred on this portion of Ziegler Road. Staff has an ongoing relationship with the managers of the Cargill site, beginning with the construction project at Drake and Timberline in 1999. Staff had hoped that this relationship would result in successfully obtaining the required property interests for the proposed project. However, due to circumstances beyond the control of both parties,negotiations have been delayed for the last two years due in part to Cargill's chosen property appraiser being unable to complete his analysis. Staff tried to conclude the negotiation this winter in anticipation of construction in 2004, however July 6, 2004 -2. Item No. 28 no progress has been made. The negotiations are amicable and staff continues to work with the management at Cargill and is still hopeful that acquisition will be accomplished by agreement. In order to continue with the roadway project,staff is recommending the City authorize the exercise of its eminent domain powers for the acquisition of the necessary property interests. Staff will continue to negotiate in good faith with Cargill for an amicable solution. ORDINANCE NO. 115, 2004 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 OF DRAKE ROAD AND ZIEGLER ROAD REALIGNMENT PROJECT WHEREAS, the construction of public improvements in connection with the street oversizing of Drake Road and Ziegler Road Realignment Project (the "Project") is scheduled to start in the Spring of 2005; and WHEREAS, the Project will include the construction of improvements to Drake Road and Ziegler road so as to meet minor arterial standards, eliminate current substandard roadway conditions including sharp curves and narrow, one-lane bridges, and complete a critical transportation link in the area; and WHEREAS, it is necessary for the City to acquire certain properties hereinafter described for the purpose of constructing street, drainage and other related improvements in connection with the Project; and WHEREAS, the City will negotiate in good faith for the acquisition of said properties from the owners thereof; and WHEREAS, the acquisition of the properties is desirable and necessary for the construction of the Project, is in the City's 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 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 real property described on Exhibits "A" and "B", attached hereto and incorporated herein by this reference, for the purpose of constructing the Project and other related improvements for the Project. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire said real property 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 is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 6th day of July, A.D. 2004, and to be presented for final passage on the 20th day of July, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of July, A.D. 2004. Mayor ATTEST: City Clerk EXHIBIT "A" Page 1 of 2 LEGAL DESCRIPTION SLOPE AND DRAINAGE EASEMENT A PARCEL LYING WITHIN THE SOUTHWEST ONE QUARTER OF SECTION 20, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARRvIER, STATE OF COLORADO,BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 20, TOWNSHIP 7 NORTH, RANGE 68 WEST, BEING MONUMENTED AT THE WEST END BY A 2 1/2" ALUMINUM CAP STAMPED "LS 14823" IN A RANGE BOX, AND AT THE EAST END BY A 3" ALUMINUM CAP MARKED "RA BRADSHAW" IN A RANGE BOX, IS ASSUMED TO BEAR S89026'35"E,WITH A DISTANCE OF 2641.85 FEET BETWEEN SAID MONUMENTS. COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 20, THENCE N89°26'35"W, ON THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER, A DISTANCE OF 1304.45 FEET; THENCE N00°17'35"W, A DISTANCE OF 30.00 FEET, TO THE POINT OF BEGINNING; THENCE N00°17'35"W, ON THE WESTERLY LINE OF THE CARGILL PROPERTY, AS RECORDED UNDER BOOK 1383, PAGE 143, LARIMER COUNTY RECORDS, A DISTANCE OF 20.00 FEET; THENCE S89°26'35"E A DISTANCE OF 1229.86 FEET; THENCE S00°33'19"W, 20.00 FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF DRAKE ROAD; THENCE N89026'35"W ON SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 1229.57 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 24,594 SQUARE FEET(0.565 ACRES). I, MICHAEL S^BlSTMERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, AT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERMY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGEELIEF,ARE CORRECT. MICHAEL S. B ,B.Lr;�rI:SS• COLORADO PLS N •2H4A P FOR AND ON THE BEi JR ENGINEERING,LLC. THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN ATTORNEY. X:\3930000.a1R3935001\Drawings\Legal Exhibits\3935001 ESMT SLOPE&DRAIN.doc __m____SLOPE AND_NAGE,=__,AM,._ EXHIBIT "A" Page ze : � . _a wa_, a ----------dam p _ Z [§ ° j�§ / g0 \ ((§cc� � /§ Zelz /\ \ \ ) /2,� � \ WOW N \ !!/!j) I \\)£ Z. \)}}\ \k , r \§\j/ §!`/a § e 7))/] {k®; I \��k !0'> ; \ ®cIn �`> \j \ /§I§ I G > `\{§ 1 ` 00m , - \ -- \ ; /ƒ//} SO § § ) I x k I % / i ] 3 EXHIBIT "B" Page 1 of 2 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A PARCEL LYING WITHIN THE SOUTHWEST ONE QUARTER OF SECTION 20, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARDVIER, STATE OF COLORADO,BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 20, TOWNSHIP 7 NORTH, RANGE 68 WEST, BEING MONUMSNTED AT THE WEST END BY A 2 1/2" ALUMINUM CAP STAMPED "LS 14823" IN A RANGE BOX, AND AT THE EAST END BY A 3" ALUMINUM CAP MARKED "RA BRADSHAW" IN A RANGE BOX, IS ASSUMED TO BEAR S89026'35'M,WITH A DISTANCE OF 2641.85 FEET BETWEEN SAID MONUMENTS. COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 20, THENCE N89°26'35"W, ON THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER, A DISTANCE OF 1304.45 FEET; THENCE N00°17'35"W, A DISTANCE OF 50.00 FEET, TO THE POINT OF BEGINNING; THENCE N00°17'35"W, ON THE WESTERLY LINE OF THE CARGILL PROPERTY, AS RECORDED UNDER BOOK 1383, PAGE 143, LARIMER COUNTY RECORDS, A DISTANCE OF 10.00 FEET; THENCE S80'26'35"E A DISTANCE OF 1230.01 FEET; THENCE S00°33'19"W, 10.00 FEET; THENCE N89°26'35"W A DISTANCE OF 1229.86 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 12,299 SQUARE FEET(0.282 ACRES). I, MICHAEL S. BRAKE, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, D TATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WE ER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLED � BELIEF,ARE CORRECT. 826 P5� -o MICHAEL S. $d1I ;P.E,,. .L.S COLORADO68. FOR AND ON T F JR ENGINEERING,LLC. THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN ATTORNEY. X:\3930000.all\3935001\DrawingsV..egal Exhibits\3935001 ESMT TEMP CONST.doc X:1N30 DVI%38 0010 inplNWF 61WCa Ill ammentlAn,TEMP CONSTRUCTION,1011WOM 11MA3 AM,breksm EXHIBIT "B" Pae2of2 I I I SPRING CREEK FARMS,LLC m (PROPDSED SIDEHILL,PHA5E ONE DEVELOPMENT) m0I — ---------------- -z IAA e g yy�rAti p IN m J V O I �^ u rf � OIF U, O'Yil (/J O n p Iq � D m A N U r A m 0 0 0 0 ry�la, m oo YgCZI oo ;MTZM �m Jmnp Z W Z O L p O a D m O -I Z;?� I m KZO, O n m zm X,DD M p I •' I I� N ao O y*m p O~Z > � � it I I � z r7Az�z I I 0 0 � TOm-0� z Tmc1m A.. I o DO,E- I X :JzmZTI0O I a I mD .0 C O N O �ADxoumi m<mzz ( I M mTzo' >Comm I a I mV,tri v tDi m m mm I O I my r z 0, .MV > J �>Z>c I I r A =>Uo 2 IIIVV///,j ' I A ON2 N V ?vN-iN-A 'i C < V V Z ymym I �X CJ WNl�1 iZr Fy 4 z mm1O I « Io Z D I 80 m poi o o m a c Z; w o = D am, mo hJ z m �0 ND .tz � J�o � ---- I � o o � ff v � m A=rA�D I I +NOFz� j O�\ 0 >y t'A W o In Ir �M�y r � I I 8 4 0 r g F J 6i Z Z 1 ✓t W