HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/06/2004 - FIRST READING OF ORDINANCE NO. 116, 2004, AUTHORIZ ITEM NUMBER: 29
AGENDA ITEM SUMMARY DATE: July 6, 2004
FORT COLLINS CITY COUNCIL STAFF: Dean Saye
Paul Yarborough
SUBJECT
First Reading of Ordinance No. 116, 2004, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection
with the Dry Creek Drainage Improvements Project.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
Property acquisition costs for the construction of the Dry Creek Drainage Improvements Project will
be covered by available project funds. Appropriations for the Project consist of$1,700,000 in 2003,
$3,000,000 in 2004, and future appropriations of$3,400,000 in 2005.
EXECUTIVE SUMMARY
The design portion of the Dry Creek Drainage Improvements Project("Project')began in 2003. The
construction of the Project is currently scheduled to start in 2004 with completion scheduled in 2005.
The total project involves a combination of sub-projects in the upper, middle and lower basins to
reduce the likelihood of flooding.
This Ordinance does not automatically result in the filing of a petition in eminent domain;it simply
allows staff to use the process if good faith negotiations fail to result in an agreement between the
City and affected property owners. Staff is hopeful that all acquisitions will be accomplished by
agreement.
Staff intends to follow the standard City acquisition process:
1. Staff will conduct an internal value finding. If the preliminary valuation of the property
indicates that the value of the property to be acquired exceeds $5,000 staff will order an
appraisal from a certified appraiser.
July 6, 2004 -2- Item No. 29
2. Staff will attempt to meet with each property owner onsite,and may include the appraiser in
this meeting if appropriate.
3. Staff will mail and/or hand deliver letters of intent to the owners with written offers based
on the internally prepared value findings or appraisals.
4. Staff will negotiate in good faith to reach a mutually acceptable agreement.
5. Staff will inform the owners that they always have the right to consult with their own
appraiser and/or attorney at any time in the process.
BACKGROUND
Dry Creek, a tributary to the Poudre River,extends from near the Wyoming border to where it joins
the Poudre River near the intersection of Mulberry Street and Timberline Road. The Dry Creek
Basin is approximately 23 miles long and six miles wide, encompassing approximately 62 square
miles. The upper and middle portions of the basin are primarily used as rangeland, irrigated hay
meadows and pastures. The majority of the lower basin is developed for commercial,industrial and
residential uses.
The 100-year floodplain and floodway were originally mapped as part of a FEMA Flood Insurance
Study in 1979 and revised in 1996. The original master plan was completed in 1980. In 2002,Fort
Collins Utilities mapped a revised floodplain and floodway for portions of the basin as part of a
comprehensive update of the City's stormwater master plan. The floodplain and floodway map
reflect the higher rainfall standard adopted by City Council in 1999. Dry Creek is a FEMA-
designated floodplain and is subject to the City's floodplain regulations.
The total project includes modifications to Douglas Reservoir Dam, construction of two detention
ponds, installation of a SCADA system, construction of an irrigation water supply pipeline from
Reservoir#4 to Terry Lake,and construction of open channels to carry stormflows from the Larimer
&Weld Canal to near the confluence of Dry Creek and the Poudre River. Sub-projects in the middle
basin are currently in the final design phase. In the middle basin one of these sub-projects, Flood
Control Basin #2,requires the purchase of one permanent storm water easement,a permanent access
easement, a permanent improvement easement, a temporary construction easement and possibly a
temporary access easement from a private property owner.
Staff has initiated the negotiation and education process and is reviewing the proposed improvements
with the affected property owners. However, to ensure that the City will be able to secure all of the
property interests needed in time to begin construction of the project, it is necessary to initiate the
first step of the eminent domain process,including passage of this Ordinance authorizing acquisition
by eminent domain. Staff has advised the affected property owners that it is not unusual for the City
to authorize the use of eminent domain at the same time as negotiations are taking place and that it
is the City's intention to continue good faith negotiations for the property interests.
ORDINANCE NO. 116, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS
OF CERTAIN LANDS NECESSARY FOR THE CONSTRUCTION
OF PUBLIC IMPROVEMENTS IN CONNECTION
WITH THE DRY CREEK DRAINAGE IMPROVEMENTS PROJECT
WHEREAS, the construction of the Dry Creek Drainage Improvements Project (the
"Project") is scheduled to start in 2004; and
WHEREAS,the Project includes modifications to Douglas Reservoir Dam,construction of
two detention ponds, installation of a SCADA system, construction of an irrigation water supply
pipeline from Reservoir#4 to Terry Lake,and construction of open channels carry the flow from the
Larimer&Weld Canal to the Poudre River; and
WHEREAS, it is necessary for the City to acquire certain property rights hereinafter
described for the purpose of constructing the Project; and
WHEREAS, the City will negotiate in good faith for the acquisition of said property rights
from the owners thereof; and
WHEREAS, the acquisition of the property rights is desirable and necessary for the
construction of the Project,is in the City's best interest and enhances public safety and welfare; and
WHEREAS, the acquisition of such property rights 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 property rights described on attached Exhibits"A"through"E",copies
of which are on file in the office of the City Clerk and incorporated herein by this reference, 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 said property rights for the City by eminent domain proceedings.
Section 3. The City Council finds, in the event that acquisition by condemnation of the
property rights described in this Ordinance is commenced, that immediate possession is necessary
for the public safety and welfare.
Introduced, considered favorably on the 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
PERMANENT ACCESS EASEMENT
E=IT A
DESCRIPTION:
A tract of land located in the Northwest Quarter of Section 22, Township 8 North, Range
69 West of the 6a'Principal Meridian, County of Latimer, State of Colorado and being
more particularly described as follows:
Considering the north line of the Northwest Quarter of said Section 22 as bearing South
88°46'13" East and with all bearings herein contained relative thereto.
Commencing at the North Quarter of said Section 22, from a found 2-1/2" aluminum cap
in range box (PLS5028), dated 2002,thence along the north line of the northwest quarter
of said Section 22,North 88°46'13" East, 936.09 feet,thence departing said north line,
South 02'08'18"East, 30.05 feet to a point on the south right of way line for West
County Road 56 and the POINT OF BEGINNING of a strip of land 20.00 feet in width,
lying east of,perpendicular to and adjacent with the following described line; continuing
South 02'08'18" East, 216.08 feet,thence South 90°00'00"East, 127.96 feet to a point
which lies 20.00 feet West of and perpendicular to the East line of that parcel described at
reception number 92011425, on file at the Larimer County Clerk and Recorder; thence
continuing and being 20.00 feet from and parallel to said East line the following one (1)
call, South 05°31'21" East, 1197.02 feet; thence, South 49°03'35" West, 182.47 feet;
thence, South 40'06'15"East, 82.60 feet;thence, South 20'11"32" East, 89.44 feet;
thence, South 39°33'25"East, 61.31 feet;thence, South 64°45'21" East, 52.21 feet to a
point which lies 20.00 feet West of and perpendicular to said East line of that parcel
described at reception number 92011425; thence continuing and being 20.00 feet from
and parallel to said East line the following two (2) calls, South 05°31'21"East, 40.16 feet
to a curve concave to the East having a central angle of 06'03'16", a radius of 5799.58
feet and the chord of which bears South 08°32'59"East, 612.55 feet; thence along the arc
of said curve, 612.83 feet; thence, South 35°06'12"West,40.98 feet to the POINT OF
TERMINUS of said line.
The above described tract contains 1.243 acres,more or less, and is subject to all
easements and rights of way now on record or in place. r DA V ,
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TEMPORARY ACCESS EASEMENT
E)KIMIT B
DESCRIPTION:
A tract of land located in the Northwest Quarter of Section 22, Township 8 North, Range
69 West of the 6`i'Principal Meridian, County of Larimer, State of Colorado and being
more particularly described as follows:
Considering the north line of the Northwest Quarter of said Section 22 as bearing South
88146'13" East and with all bearings herein contained relative thereto.
Commencing at the North Quarter of said Section 22, from a found 2-1/2" aluminum cap
in range box (PLS 5028), dated 2002, thence along the north line of the northwest quarter
of said Section 22,North 88°46'13" East, 936.09 feet, thence departing said north line,
South 02°08'18"East, 30.05 feet to a point on the south right of way line for West
County Road 56,thence along said right of way, South 88°46'13" East, 20.03 feet to the
POINT OF BEGINNING of a strip of land 30.00 feet in width,the centerline of which is
described as follows: South 45°43'57"East, 154.46 feet to a point which lies 15.00 feet
West and perpendicular to the East line of that parcel described at reception number
92011425, on file at the Larimer County Clerk and Recorder; thence continuing and
being 15.00 feet from and parallel to said East line, South 05031121"East, 88.09 feet to
the POINT OF TERMINUS, excluding that portion lying within the prescriptive right of
way for West County Road 56.
The above described tract contains 7,043 square feet, more or less, and is subject to
easements and rights of way now on record or in place.
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TEMPORARY ACCESS AND CONSTRUCTION EASEMENT
E=TT C
DESCRIPTION:
A tract of land located in the Northwest Quarter of Section 22, Township S North, Range
69 West of the 6a'Principal Meridian, County of Larimer, State of Colorado and being
more particularly described as follows:
Considering the north line of the Northwest Quarter of said Section 22 as bearing South
88°46'13"East and with all bearings herein contained relative thereto.
Commencing at the North Quarter of said Section 22, from a found 2-1/2" aluminum cap
in range box (PLS5028), dated 2002,thence along the north line of the northwest quarter
of said Section 22,North 88°46'13"East, 936.09 feet,thence departing said north line,
South 02*08'19"East, 30.05 feet to a point on the south right of way line for West
County Road 56,thence continuing South 02'08'19"East,216.08 feet,thence South
90°00'00"East, 127.96 feet to a point on a line which lies 20.00 feet West of and
perpendicular to the East line of that parcel described at reception number 92011425, on
file at the Larimer County Clerk and Recorder said point also the POINT OF
BEGINNING of a strip of land 10.00 feet in width,lying West of, perpendicular to and
adjacent with the following described East control line,thence continuing and being
20.00 feet from and parallel to said East line of that parcel described at reception number
92011425 the following two (2) calls, South 05°31'21"East, 1072.95 feet to the
beginning of a strip of land 108.00 feet in width lying west of,perpendicular to and
adjacent with the following described line; South 05°31'21"East, 124.07 feet, thence,
South 49003'35"West, 117.57 feet to the beginning of a strip of land 10.00 feet in width
lying west of, perpendicular to and adjacent with the following described line;thence,
South 49003'35"West, 64.90 feet; thence, South 49°58'05"West, 10.00 feet to the
POINT OF TERMINUS of said East control line.
The above described tract contains 0.724 acres, more or less, and is subject to all o
easements and rights of way now on record or in place. DA V'ti`c
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PERMANENT IMPROVEMENT EASEMENT
EXHIBIT D
DESCRIPTION:
A tract of land located in the Northwest Quarter of Section 22, Township 8 North, Range
69 West of the 6tn Principal Meridian, County of Latimer, State of Colorado and being
more particularly described as follows:
Considering the north line of the Northwest Quarter of said Section 22 as bearing South
88°46'13"East and with all bearings herein contained relative thereto.
Commencing at the North Quarter of said Section 22, from a found 2-1/2" aluminum cap
in range box (PLS5028), dated 2002,thence along the north line of the northwest quarter
of said Section 22,North 88°46'13"East, 802.42 feet to the northwest comer of that
parcel described at Reception Number 92011425 on file at the Latimer County Clerk and
Recorders Office;thence along the East line of said parcel South 05°31'21" East,
1817.26 feet to the beginning of a curve concave to the east,having a central angle of
06°32'59", a radius of 5779.58 feet and the chord of which bears South 08°47'50" East,
660.33 feet;thence along the arc of said curve 660.69 feet; thence South 12°04'20"East,
209.84 feet to the Southwest Comer of said parcel; thence along the South.line of said
parcel,North 89°00'22" West, 122.49 feet thence departing said South line,North
00°00'00"West, 5.75 feet to the POINT OF BEGINNING;thence,North 89'19'02"
West, 179.49 feet; thence,North 00°40'58"East,22.09 feet; thence, North 88°52'58"
West, 288.24 feet;thence,North 25°06'32" West,44.66 feet; thence,North 86°57'25"
East, 349.85 feet;thence,North 31°25'21" West, 34.75 feet; thence,North 42°49'01"
East, 66.01 feet;thence, South 61°33'24"East, 51.93 feet;thence,North 46°55'39"East,
108.21 feet;thence, South 54°53'48"East, 38.38 feet,thence, South 27°31'05"West,
113.91 feet;thence, South 3491'25"East, 57.38 feet; thence, South 29'23'10"West,
52.49 feet to the POINT OF BEGINNING.
The above described tract contains 1.037 acres, more or less, and is subject to all
easements and rights of way now on record or in place.
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PERMANENT STORMWATER AND CONSTRUCTION EASEMENT
EXHIBIT E
DESCRIPTION:
A tract of land located in the Northwest Quarter of Section 22, Township 8 North,Range
69 West of the 6`h Principal Meridian, County of Larimer, State of Colorado and being
more particularly described as follows:
Considering the north line of the Northwest Quarter of said Section 22 as bearing South
88°46'13"East and with all bearings herein contained relative thereto.
Commencing at the North Quarter of said Section 22, from a found 2-1/2" aluminum cap
in range box (PLS5028), dated 2002,thence along the north line of the northwest quarter
of said Section 22,North 8804611311 East, 802.42 feet to the northwest corner of that
parcel described at Reception Number 92011425 on file at the Larimer County Clerk and
Recorders Office; thence along the East line of said parcel, South 05°3 V21" East,
1817.26 feet to the beginning of a curve concave to the east,having a central angle of
06°32'59", a radius of 5779.58 feet and the chord of which bears South 08°47'50"East,
660.33 feet; thence along the are of said curve 660.69 feet;thence South 12004'20"East,
209.84 feet to the Southwest Comer of said parcel;thence along the South.line of said
parcel,North 89°00'22"West, 122.49 feet thence departing said South line,North
00°00'00" West, 5.75 feet; thence,North 89°19'02" West, 179.49 feet; thence, North
00°40'58"East,22.09 feet;thence,North 88°52'58" West, 288.24 feet; thence,North
25°06'32" West,44.66 feet to the POINT OF BEGINNING; thence, North 26°52'55"
West, 274.56 feet; thence, South 51°19'01" West, 141.44 feet;thence,North 89°26'58"
West, 21.04 feet to the West line of that parcel described at reception number 92011425,
on file at the Larimer County Clerk and Recorder; thence along said West line, North
00°45'00"East, 554.47 feet;thence departing said West line,North 64°24'53" East,
344.43 feet;thence,North 49°58'05"East, 271.01 feet; thence, South 40'06'15"East,
82.60 feet; thence, South 20°l1'32" East, 89.44 feet; thence, South 39133'25" East, 61.31
feet; thence, South 64°45'21"East, 52.21 feet to a point which lies 20.00 feet West of
and perpendicular to the East line of that parcel described at reception number 92011425,
on file at the Larimer County Clerk and Recorder; thence continuing and being 20.00 feet
from and parallel to said East Line the following two (2) calls; South 05°31'21"East,
40.16 feet to a curve concave to the East having a central angle of 06°03'16", a radius of
5799.58 feet and the chord which bears South 08°32'59" East, 612.55; thence along the
arc of said curve, 612.83 feet;thence, South 35°06'12"West, 40.98 feet; thence,North
54053'48"West, 13.10 feet;thence, South 46°55'39" West, 108.21 feet; thence,North
61°33'24" West, 51.93 feet;thence, South 42°49'01" West, 66.01 feet; thence, South
31°25'21"East, 34.75 feet; thence, South 86°57'25" West, 349.85 feet to the POINT OF
BEGINNING.
The above described tract contains 13.255 acres, more or less, and is subject to all
easements and rights of way now on record or in place.
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A REPRESENTATION OF EXHIBITS
TRACTS OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 8 NORTH, RANGE 69 WEST OF THE 6TH
PRINCIPAL MERIDIAN, COUNTY OF LARIMER, STATE OF COLORADO
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SOUTHWEST CORNER BE
1S 1'243 AC. u ol"�}I 7.043 S.i. SOUTH NOR LINE
NORMWEST CORNER BE Ix w 0.162'AC. WEST COUNTY ROAD 56
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2 1/2• PIPE IN RANGE BOX FOUXO ' POINT OF COMMENCEMENT
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DINT OF N 1/4 CORNER SEC 22
EXISTING I ERMINUS TEN R69W FOUND 2 1/2• AC ON
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EXHIBIT C CCI ER£CR &O 8�E05 RT,
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RECEPTION j 200IN1523 4
MICHAEL RURA
RECEPTION /92MI423
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