HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/07/2004 - SECOND READING OF ORDINANCE NO. 135, 2004, AUTHOR ITEM NUMBER: 14
AGENDA ITEM SUMMARY DATE: September 7, 2004
FORT COLLINS CITY COUNCIL STAFF: Kathleen Reavis/
Paul Yarbrough
SUBJECT
Second Reading of Ordinance No. 135, 2004, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection
with the Mason Transportation Corridor Trail Project.
RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
This Ordinance, which was adopted 6-0(Councilmember Kastein was absent) on First Reading on
August 17, 2004, does not begin the eminent domain process; it simply allows staff to use the
process if absolutely necessary and extensive good faith negotiations are not successful.
ORDINANCE NO. 135, 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 MASON TRANSPORTATION
CORRIDOR TRAIL PROJECT
WHEREAS, the Mason Transportation Corridor Trail Project (the "Project') is scheduled
to start in the Fall of 2004; and
WHEREAS, the Project includes the construction of a bicycle/pedestrian trail and lighting
and landscape improvements along the Burlington Northern Santa Fe Railway corridor from
Harmony Road north to the Spring Creek trail; and
WHEREAS, it is necessary for the City to acquire certain properties hereinafter described
for the purpose of constructing the trail and associated improvements; 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 attached Exhibits "A" through"G", 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 the 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 possessidn is necessary for the
public health, safety and welfare.
Introduced, considered favorably on first reading, and ordered published this 17th day of
August, A.D. 2004, and to be presented for final passage on the 7th day of September, A.D. 2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 7th day of September, A.D. 2004.
Mayor
ATTEST:
City Clerk
ITEM NUMBER : 18
AGENDA ITEM SUMMARY DATE : August 17 , 2004
FORT COLLINS CITY COUNCIL STAFF : Kathleen Reavis/
Paul Yarbrough
SUBJECT
First Reading of Ordinance No, 135 , 2004, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands Ne fo - the Construction of Pu Improvements in Connection
with the Mason Transportatio orri rail Project.
RECOMMENDATION
r
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
Property acquisition costs will be covered b available roj ect funds, whether or not eminent domain
is required.
PY
EXECUTIVE SUMMARY
The project components include the construction of a bicycle/pedestrian trail, and associated lighting
and landscaping improvements, along the Burlington Northern Santa Fe (BNSF) Railway corridor
from Harmony Road north to the Spring Creek trail, a distance of approximately 2 . 75 miles .
This ordinance does not begin the eminent domain process ; it simply allows staff to use the process
if absolutely necessary and extensive good faith negotiations are not successful. Staff is hopeful that
all acquisitions will be accomplis le y negotiated agreement. TFis process does not apply to the
negotiations between the City and the Burlington Northern Santa Fe Railway Company or Colorado
State University. It will only apply to any other potefial private property owners along the corridor
where right of way (ROW) may be needed permanently for the trail or temporarily during the
construction process .
It is intended for the project to be advertised for bid and that all ROW be acquired prior to October
2004 . Therefore, in the event that eminent domain needs to be used, it is critical that this ordinance
be in place to limit any possible delays .
Right of Way (ROW) Issues
The BNSF owns only a railroad easement, rather than a fee simple (full) ownership of the railroad
ROW. Therefore, acquiring the ROW to build a City trail within the railroad ROW requires dealing
with two sets of property owners :
August 17 , 2004 -2 - Item No . 18
( 1 ) the BNSF Railway Company; and
(2) the owners of the underlying land that is encumbered by the railroad
easement. These property owners are called "the underlying fee owners"
The City Attorney' s office is working with the BNSF to reach an agreement that would allow the
City to build a trail within the area encumbered by the railroad easement. This agreement is being
negotiated on a voluntary basis and eminent domain is not required.
Transportation staff, Real Estat es arrd' the City Attorney ' s ce, will work to acquire a trail
ROW easement on land ow by the nderlying fee owner The process is complicated by
ownership issues of the prope
The underlying fee owners (north of Harmony Road) own a 50 ' to 100 ' wide strip of land that is
100% encumbered by the railroad ROW easement (4 properties). The process by which these
unusual parcels were created is summarized as follows :
The railroad ROW was acquired in the late 1800 ' s and measures either 100 ' or 200 ' wide (50 ' to
100 ' from both sides of the railroad centerline) . Staff has researched the chain of title on the
properties located north of Harmony Road. Our research shows that up until the 1950 ' s, the parcels
were subdivided and sold with the railroad centerline being the eastern property boundary.
Subsequently, a number of the 1 d o ners began selling thTrproTeerties with the eastern property
boundary only extending to the railroad ROW line , not the railroad centerline . Therefore, the sellers
never technically sold the property beet ''�'een the railroad centerline and the railroad ROW line . This
area corresponds with the area in Bch wZ� sh tolui`ld portions of the trail; and the properties are
referred to as "un-sold remnant parcels" .
Because the owners of the "un-sold remnant parcels" are most likely unaware that they own these
parcels , it is likely that the chain of ownership has become clouded. Multiple owners have likely
been created through estate transfers . Therefore, the acquisition of easements on these properties
may be impossible unless eminent domain is used.
In addition to negotiating a trai e ent, the project w ' lso require the acquisition of
several Slope Easements and por onst ction Easement n properties located adjacent to
the railroad ROW.
1
Staff will follow the standard City acquisition process as that used on the South Taft Hill and the
North College projects :
a. Conduct an internal value finding. If the preliminary valuation of the
property indicates that the value of property acquired exceeds $ 5 ,000,
appraisals will be ordered for the affected properties from a certified
appraiser in accordance with Federal regulations .
b. Provide each property owner with the opportunity to meet on-site with the
appraiser, if applicable.
C . Mail and/or hand deliver letters of intent to the owners with written offers
based on the internally prepared value findings or appraisals received.
d. Negotiate in good faith to reach mutually acceptable agreements.
August 17 , 2004 -3 - Item No . 18
e . 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
In October 2000, the Fort Collins City Council approved the overall Master Plan for the Mason
Transportation Corridor, including the Bus Rapid Transit (BRT) alternative and the
bicycle/pedestrian improvements .
Based on this Master Plan, the Cis five and 1 /2 milo south byway within the City of Fort
Collins which extends from C Street on the north tc a roximatel 3/4 mile south of Harmon
�Y PP Y Y
Road. The MTC for most of it th is situated within the BNSF ROW and is centered along the
railway tracks, located a few hundred feet west of College Avenue (US287) .
Long term, the MTC is envisioned as a transportation corridor that will enhance opportunities for
pedestrians, bicyclists, and transit riders . The MTC will offer choices for improved mobility and
benefit all modes of transportation. It will also encourage infill development opportunities adjacent
to the corridor.
The initial phases of the MTC Project are funded in part by the City' s 1997 Building Community
Choices 1/4 cent sales tax. The Illot language reads :
"There is currently no transportation cdrridor dedicat d o th orth-south flow of bicycles, buses,
and pedestrians. Mason Street from Aerry Street to Harmon ad is envisioned as the city 's first
such transportation corridor, and would be a roadway for the exclusive use of buses, bicyclists, and
pedestrians. Depending upon acquisition of the necessary right-of-way, the corridor would extend
for nearly six miles along the Burlington Northern Santa Fe Railroad right-of-way. Phase I is the
engineering/design studies and acquisition of rights-of-way. Phase 2 is the construction of a bike
and pedestrian way from Prospect to Harmony Road. Public transit would be added as funding is
available. "
In addition, the MTC project has received grant funding from Colorado Department of
Transportation Congestion Mit ' do r Qualityy nds and the ate of Colorado Great Outdoors
Colorado funds for the trail sy UU
ony Road to ect with the City ' s Fossil Creek
Trail, 17
The funding programmed in Building Community Choices (BCC) for the MTC project is intended
to cover the planning, design, engineering, and environmental analysis for the entire corridor. In
addition, these funds will be used to construct a portion of the bicycle/pedestrian trail system along
the southern portion of the corridor, from the Spring Creek Trail to the Fossil Creek Trail.
The City will continue to seek local, state, and federal funding for the other elements of the MTC
trail project. These elements include extending the trail north from the Spring Creek trail, through
CSU, to Laurel Street (including the trail underpass at Prospect) as well as the two east/west trail
underpasses of the BNSF railroad tracks (one at Troutman Parkway and one at the University
Mall/NRRC campus) . In the future, the City will pursue funding alternatives for the trail
underpasses for the arterial street crossings such as at Harmony, Horsetooth, and Drake roads .
August 17 , 2004 -4- Item No . 18
Schedule
City staff and the consulting team of Felsburg Holt & Ullevig (FHU) are wrapping up the
design/engineering phase for the first segment of the MTC trail project. It is anticipated that the
MTC bicycle/pedestrian trail system from the Fossil Creek trail to the Spring Creek trail will begin
construction in Fall 2004 and be completed by Spring 2005 . This schedule is contingent upon the
right-of-way negotiation process with the Burlington Northern Santa Fe Railroad and other land
owners along the corridor, however staff anticipates that this will process can be completed within
this timeframe.
Contact Information
Staff welcomes suggestions an e Ponunuaity throughout this process . If you
know of community members who have questions or comments, please ask them to contact
Kathleen Reavis, Project Manager, telephone (970) 224-6140 or via e-mail at kreavis@fcgov.com.
Information on the MTC project is also available via the City' s website at www. fcgov.com in the
Transportation section.
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