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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/20/2004 - FIRST READING OF ORDINANCE NO. 124, 2004, AUTHORIZ ITEM NUMBER: 25 AGENDA ITEM SUMMARY DATE: July20, 2004 FORT COLLINS CITY COUNCIL STAFF: Ralph Campano Bob Smith Kathleen Reavis SUBJECT First Reading of Ordinance No. 124, 2004, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the Manhattan Regional Detention Pond and the Mason Transportation Corridor Bike/Pedestrian Trail. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT Property acquisition funds are available as part of the Manhattan Regional Detention Pond Project. EXECUTIVE SUMMARY The Manhattan Regional Detention Pond Project will provide needed stormwater detention in a predominately mature and built-out residential and business area which is at risk in a 100 year flood. In addition,the Mason Transportation Corridor Bike/Pedesttian trail can be built concurrently with a berm for the Manhattan Regional Detention Pond. Although negotiations are continuing and expected to be successful,eminent domain proceedings must begin in order to assure all necessary property interests are obtained in a timely manner. BACKGROUND The Manhattan Regional Detention Pond Project("Project")is in the Mail Creek Basin,and located east of Manhattan Avenue, between that street on the west and the New Mercer Ditch on the east, approximately a quarter mile south Horsetooth Road. In the event of a 100 year flood, the Project will restrict the overtopping of the New Mercer Ditch,reduce the amount of stormwater overtopping the Burlington Northern Railroad tracks to the east, and the flooding of Mason Street and other properties along the street right-of-way. The affected area consists of primarily built-out residential and commercial areas. July 20, 2004 -2- Item No. 25 In October 2000,the City Council approved the overall Master Plan for the Mason Transportation Corridor ("MTC"), including the Bus Rapid Transit alternative and bicycle/pedestrian trail improvements. The MTC is a five and 1/2 mile north-south byway within the City of Fort Collins which extends from Cherry Street on the north to approximately 3/4 mile south of Harmony Road. 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. The Project includes the construction of a berm along the eastern edge of the detention pond which is in the same location as the alignment of the MTC Bike/Pedestrian Trail. Construction of the berm before or concurrently with the construction of the trail would be both cost effective and an efficient use of resources for both the detention pond and the trail project. Staff has been in negotiations with the property owner since the Spring of 2003,and expects to reach a satisfactory and mutual agreement with the owner to secure the necessary property interests. However,it is necessary to initiate the eminent domain process,including passage of this ordinance authorizing acquisition by eminent domain, if a satisfactory agreement is not secured. Staff has advised the affected property owner 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. 124, 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 MANHATTAN REGIONAL DETENTION POND PROJECT AND A PORTION OF THE MASON TRANSPORTATION CORRIDOR BIKE/PEDESTRIAN TRAIL WHEREAS,the construction of the Manhattan Regional Detention Pond Project('Project") and the Mason Transportation Corridor Bike/Pedestrian Trail Improvement Project ("Trail') are scheduled to start in 2004; and WHEREAS, the Project includes the construction of a regional detention pond which will decrease flooding of the New Mercer Ditch and spilling of water over the Burlington Northern Railroad tracks and onto Mason Street; and WHEREAS, a portion of the Trail alignment is located on the berm of the Manhattan Regional Detention Pond; and WHEREAS,in order to most efficiently utilize resources and maximize cost savings,a berm required for the regional detention pond should be constructed prior to or concurrently with the construction of the Trail; and WHEREAS, it is necessary for the City to acquire certain property rights hereinafter described for the purpose of constructing the Project and Trail; 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 above-described property rights is desirable and necessary for the construction of the Project and Trail, 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 Exhibit "A", attached hereto and incorporated herein by this reference, for the purpose of constructing the Project and Trail. 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 hereby finds that, in the event that acquisition by condemnation of the property rights described in this Ordinance is commenced, immediate possession is necessary for the public safety and welfare. Introduced,considered favorably on the first reading and ordered published this 20th day of July, A.D. 2004, and to be presented for final passage on the 17th day of August, A.D. 2004. Mayor ATTEST: City Clerk Passed and adopted on final reading this 17th day of August, A.D. 2004. Mayor ATTEST: City Clerk Exhibit A Page 1 of 2 DESCRIPTION OF A PARCEL OF LAND OF PARK SOUTH,2ND FILING-P.U.D., A PARCEL OF LAND TO BE SOLD TO THE CITY OF FORT COLLINS, LOCATED IN THE NORTHEAST Y4 OF SECTION 35, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, LARIMER COUNTY, STATE OF COLORADO. SAID PROPERTY IS ALSO A PORTION OF LAND DESCRIBED IN THE PLAT OF THE PARK SOUTH, 2ND FILING - P.U.D., RECORDED APRIL 24, 1984 IN BOOK 1255 AT PAGE 55 RECORD OF THE CLERK AND RECORDER OF SAID LARIMER COUNTY, SAID PARCEL TO BE SOLD BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 35 AS BEARING SOUTH 89'43'38" EAST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 35; THENCE ALONG A LINE BEARING SOUTH 54'06'02" WEST FOR A DISTANCE OF 1243.20 FEET TO THE TRUE POINT OF BEGINNING, BEING THE NORTHEAST CORNER OF SAID PROPERTY DESCRIBED IN THE PLAT OF THE PARK SOUTH, 2ND FILING - P.U.D. THENCE SOUTH 01'03'07" WEST FOR A DISTANCE OF 1017.00 FEET; THENCE SOUTH 89'59'07" WEST FOR A DISTANCE OF 504.02 FEET; THENCE NORTH 62'00'53" WEST FOR A DISTANCE OF 188.87 FEET; THENCE ALONG A NONTANGENT CURVE TO THE LEFT WHOSE CHORD BEARS NORTH 25'10'42" EAST, WITH A RADIUS OF 835.68 FEET AND AN ARC LENGTH OF 81.86 FEET; THENCE SOUTH 88'27'26" EAST FOR A DISTANCE OF 258.81 FEET; THENCE NORTH 02'34'12" EAST FOR A DISTANCE OF 193.23 FEET; THENCE NORTH 67'24'31" WEST FOR A DISTANCE OF 93.57 FEET; THENCE NORTH 01'57'39" WEST FOR A DISTANCE OF 197.86 FEET; THENCE NORTH 09'24'26" WEST FOR A DISTANCE OF 119.61 FEET; THENCE NORTH 89'59'07" EAST FOR A DISTANCE OF 323.37 FEET; THENCE NORTH 05'40'38" WEST FOR A DISTANCE OF 50.00 FEET; THENCE NORTH 34'14'52" EAST FOR A DISTANCE OF 322.64 FEET MORE OR LESS, TO THE TRUE POINT OF BEGINNING. CONTAINING 366,638 SQUARE FEET OR 8.42 ACRES MORE OR LESS, THE ABOVE DESCRIBED TRACT IS SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAYS NOW EXISTING OR OF RECORD. I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF AND OPINI DESCRIPTION IS BASED UPON PREVIOUSLY RECORDED PLA DR AND NOT UPON AN ( D SUV " oRVEY.RVEY.FIEL ......... Fy 4 ROBERT J. HENNESSY, COL 0 P.L.S: FOR AND ON BEHALF OF I(3b 'N-�61NE " INC. 8100 SOUTH AKRON STREET, S..ftaA8 ENGLEWOOD, COLORADO 80012 THE INFORMATION PRESENTEE) ON THIS EXHIBIT IS BASED ON RECORDED DOCUMENTS FROM LARIMER COUNTY. NO FIELD VERIFICATION HAS BEEN PERFORMED TO CONFIRM ACTUAL LOCATION OF MONUMENTS, PROPERTY CORNERS OR OTHER FEATURES DEPICTED ON THIS EXHIBIT. SURVEYED JOB BY: CLIENT B NUMBER: IV,'A CITY OF FORT COLLINS 03-043-MHP-352 DRAWN BY: LOCAPON: FILE NUMBER: OO8 lr PAkY SIX/M 2N0 FNING-P.UD CHECREO BY: 11 (c Ow SECTION TOWNSHIP RAW SCALE: RJI ••• 1 35 1N 69W NIA LATE EhGIIyEERING INC. 03-04-2004 SIXTH PRINCIPAL MERIDIAN 3o,zr '�.:"'"m°.`„a o-.. SHEET: LARIMER COUNTY. COLORADO I OT Z S89'43'38"E 2644 NORTHEAST Ya CORNER OF S54'06"02"W SECTION 35-T7N-R69W 1243,20' NORTH LINE OF NORTHEAST TRUE POINT OF Ya BEGINNING SECTION 35 NORTH Ya CORNER OF Al SECTION 35-T7N-R69W 41 1 NOTE: PARCEL OF LAND WHICH IS SUBJECT TO EASEMENT AND RIGHT-OF-WAY TO THE NEW MERCER DITCH COMPANY, RECEPTION #96039387, IS GENERAL IN N05'40'38"W NATURE AND NOT GRAPHICALLY 50.00' DEPICTED. N89'59'07"E 1 323.37' /L-_ _ _ (_ACCESS AND \ \\ �N UTILITY EASEMENT \\ �rn rl -- - - - - - - - \ \\ I V AA w \ 8.42 Acre \\ \ \\\ UQ Z \ \\ City Easement Property \ \\ \\ J 3 oD CA \\ -UTILITY EASEMENT \\ \\VA �n N6 9�243 ," 35j, W ACCESS AND 1 11 UTILITY EASEMENT III 2 Acre Remainder wN Development Site n o rn I IF�I Z S88-27'26'"E I I w 258.81' I I All R=835.68 I I �W L=81.86 I I III I /'UTILITY EASEMENT I¢II Tan=40.96 ,I/ Z A-5'36'44" I l a l 1 I I loll N62. I I I I I 7B 00, I I J 86j3 k, I I I I I I S89'59'07"W THE INFORMATION PRESENTED ON THIS EXHIBIT IS BASED 504.02' ON RECORDED DOCUMENTS FROM LARIMER COUNTY NO FIELD VERIFICATION HAS BEEN PERFORMED TO a so, 100' zoo' CONFIRM ACTUAL LOCATION OF MONUMENTS, PROPERTY CORNERS OR OTHER FEATURES DEPICTED ON THIS EXHIBIT HORIZONTAL SCALE: 1' = 100' SURVEY CLIENT: JOB NUMBER ED BY: '. N/A Exhibit A Page 2 of 2 CITY OF FORT COLLINS 03-043-MHP-352 DRAWN BY: LOCA➢ON FILE NUMBER: OOB ( T Pam'SIX/M 1N0/RING-RUO CHECKED BY: 11 C(Ojl\ SECTION TOgNSHIP RANGE CALF ' RWf • EC 7N 69W scALFM a ENGINEERING,INC. = 100 DATE: SIXTH PRINCIPAL MERIDIAN SHEET: 03-04-2004 • +� LARIMER COUNTY. COLORADO 2 of 2 Manhattan Pond Project (Prouty Property) Location Map W HORSETOOTH RD z ❑ � A N Hp�N� a3i Z WA`�N,NpY pEN � a DENNISON AVE ALBION WAY may' N o g N Legend W E MProuty Property Parcels S -1--I- Railroads Fee 0 150 300 600