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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/04/2002 - FIRST READING OF ORDINANCE NO. 089, 2002, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 17 FORT COLLINS CITY COUNCIL DATE: June 4, 2002 STAFF: Marty Heffernan SUBJECT: First Reading of Ordinance No. 089, 2002, Authorizing Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the South Taft Hill Projects. RECOMMENDATION: E Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: Property acquisition costs will be covered by available funds. I� EXECUTIVE SUMMARY: The South Taft Hill Road Improvements Projects include the Spring Creek Trail Crossing and Extension, the Taft Hill Waterline Extension and the Regional Detention Pond and are currently under construction. The combined project is the cooperative effort between the City's Engineering, Parks and Recreation, and Utility Departments. Ordinance No. 32, 2001 authorized the use of eminent domain to acquire certain lands for the construction of the public improvements. This Ordinance amends the legal description of specific property interests to be acquired from Alger and Lori R. Sedlak as a compromise alignment of the Spring Creek Trail. BACKGROUND: The design, cost and scheduling for this overall project were presented to and approved by City Council on August 2000. In negotiations with the Sedlaks, a compromise alignment of the Spring Creek Trail was agreed upon by the parties and included in the recorded Agreement for Immediate Possession and Use. As the final design was completed for the trail, the City's surveyors identified a small strip of land that is necessary for the trail and is located on property owned by Alger Sedlak and Lori R. Sedlak (see attached map). This strip of land had not been DATE: June ITEM NUMBER: 17 described in Ordinance No. 32, 2001. This Ordinance authorizes the acquisition by eminent domain of the Sedlak property, including the additional strip of land. The City continues to negotiate in good faith to reach a mutually acceptable agreement with the Sedlaks for the purchase of the property interests needed for construction of the trail. The Sedlaks do not object to this compromise alignment. • ORDINANCE NO. 089, 2002 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 SOUTH TAFT HILL PROJECTS WHEREAS, the construction of South Taft Hill Projects (the "Projects") began in the summer of 2001; and WHEREAS,the Projects include the South Taft Hill Road Improvements,the Spring Creek Trail Crossing and Extension, the Taft Hill Waterline Extension and the Regional Detention Pond; and WHEREAS,it is necessary for the City to acquire certain property described on Exhibit"A," attached hereto and incorporated herein by this reference, (the "Property") for the purpose of constructing utility, trail and other related improvements in connection with the Projects; and WHEREAS, the City is negotiating and will continue to negotiate in good faith for the acquisition of the Property from the owner thereof; and WHEREAS, the acquisition of the Property is desirable and necessary for the construction . of the Projects, is in the City's best interest and enhances the public health, safety and welfare; and WHEREAS, the acquisition of the Property may, by law, be accomplished through proceedings in eminent domain. NOW, THEREFORE, BE IT RESOLVED 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 for the purpose of constructing the Projects and other related improvements. 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 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 4th day of June, A.D. 2002, and to be presented for final passage on the 16th day of July, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 16th day of July, A.D. 2002. Mayor ATTEST: City Clerk EXHIBIT"A" REVISED DESCRIPTION OF THE SEDLAK TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement located in the Northwest quarter of Section 27, Township 7 North,Range 69 West of the Sixth Principal Meridian, Larimer County,Colorado,the said easement is also a portion of that certain tract of land described in a Warranty Deed recorded November 16, 1993 at Reception No. 93086164 records of the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the north line of the said northwest quarter of Section 27 as bearing South 89 degrees 24 minutes 34 seconds East between a 2.5" Aluminum Cap Monument at the northwest corner and a 2.5" Aluminum Cap Monument at the north quarter corner of Section 27, and with all bearings contained herein relative thereto; Commencing at the northwest corner of the said Section 27; THENCE along the north line of the said northwest quarter,South 89 degrees 24 minutes 34 seconds East for a distance of 1299.52 feet to the northerly prolongation of the east line of the said tract of land described at Reception No. 93086164; THENCE along the said prolongated line and along the said east line, South 00 degrees 02 minutes 00 seconds West for a distance of 423.76 feet to the south line of that certain tract of land described in a Quit Claim Deed recorded November 16, 2001 at Reception No. 2001103551 records of the said Clerk and Recorder; THENCE along the said south line and along the south line of the that certain tract of land described in a Quit Claim Deed recorded November 16,2001 at Reception No.2001103550 records of the said Clerk and Recorder the following six (6)courses and distances, (1)North 89 degrees 32 minutes 06 seconds West for a distance of 455.11 feet; (2)North 79 degrees 06 minutes 53 seconds West for a distance of 9.59 feet; (3) North 83 degrees 39 minutes 14 seconds West for a distance of 43.58 feet; (4) North 84 degrees 25 minutes 11 seconds West for a distance of 53.36 feet; (5) North 84 degrees 32 minutes 21 seconds West for a distance of 43.04 feet; (6)South 89 degrees 28 minutes 23 seconds West for a distance of 19.59 feet to the west line of the said tract described at Reception No. 2001103550; THENCE along the said west line, North 00 degrees 27 minutes 57 seconds East for a distance of 6.36 feet to the south line of the said tract described at Reception No. 93086164 and to the to the TRUE POINT OF BEGINNING of this description; THENCE along the said south line and its westerly prolongation, North 89 degrees 24 minutes 34 seconds West for a distance of 29.19 feet to the west line of the said tract of land described at Reception No. 93086164; THENCE along the said west line, North 00 degrees 03 minutes 18 seconds West for a distance of 24.10 feet; THENCE leaving the said west line, South 89 degrees 24 minutes 34 seconds East for a distance of 94.62 feet to the west line of the proposed Bicycle Trail,Pedestrian Path, Equestrian or Other Recreational Use Trail, and Reasonable Accessory Uses Easement to be granted to the said City of Fort Collins; THENCE along the said west line, along a non-tangent curve to the left having a radius of 58.00 feet a central angle of 56 degrees 13 minutes 39 seconds and an arc length of 56.92 feet, being . subtended by a chord of South 64 degrees 25 minutes 59 seconds West for a distance of 54.66 feet to the said south line of the tract described at Reception No. 93086164; THENCE along the said south line, North 89 degrees 24 minutes 34 seconds West for a distance of 16.09 feet to the point of beginning. Containing 1433 square feet more less. The above described tract is subject to all easements and rights of ways now existing or of record. REVISED DESCRIPTION OF THE SEDLAK BICYCLE TRAIL, PEDESTRIAN PATH, EQUESTRIAN OR OTHER RECREATIONAL USE TRAIL,AND REASONABLE ACCESSORY USES EASEMENT A Bicycle Trail, Pedestrian Path, Equestrian or Other Recreational Use Trail, and Reasonable Accessory Uses Easement located in the Northwest quarter of Section 27,Township 7 North,Range 69 West of the Sixth Principal Meridian, Larimer County, Colorado, the said easement is also a portion of those certain tracts of land described in a Warranty Deed recorded November 16, 1993 at Reception No. 93086164, and in a Quit Claim Deed recorded November 16, 2001 at Reception No. 2001103551, and in a Quit Claim Deed recorded November 16, 2001 at Reception No. 2001103550 all of the records of the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the north line of the said northwest quarter of Section 27 as bearing South 89 degrees 24 minutes 34 seconds East between a 2.5" Aluminum Cap Monument at the northwest corner and a 2.5" Aluminum Cap Monument at the north quarter corner of Section 27, and with all bearings contained herein relative thereto; Commencing at the northwest corner of the said Section 27; THENCE along the north line of the said northwest quarter,South 89 degrees 24 minutes 34 seconds East for a distance of 1299.52 feet to the northerly prolongation of the east line of the said tract of land described at Reception No. 93086164; THENCE along the said prolongated line and along the said east line, South 00 degrees 02 minutes 00 seconds West for a distance of 350.31 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said east line, and along the east line of the said tract described at Reception No. 2001103551, South 00 degrees 02 minutes 00 seconds West for a distance of 73.45 feet to the south line of the said tract of land described at Reception No. 2001103551; THENCE along the said south line and along the south line of the said tract described at Reception No. 2001103550 the following six (6) courses and distances, (1) North 89 degrees 32 minutes 06 seconds West for a distance of 455.11 feet; (2) North 79 degrees 06 minutes 53 seconds West for a distance of 9.59 feet; (3) North 83 degrees 39 minutes 14 seconds West for a distance of 43.58 feet; (4) North 84 degrees 25 minutes 11 seconds West for a distance of 53.36 feet; (5) North 84 degrees 32 minutes 21 seconds West for a distance of 43.04 feet; (6)South 89 degrees 28 minutes 23 seconds West for a distance of 19.59 feet to the west line of the said tract described at Reception No. 2001103550; THENCE along the said west line, North 00 degrees 27 minutes 57 seconds East for a distance of 6.36 feet to the north line of the said tract described at Reception No. 2001103550; THENCE along the said north line, South 89 degrees 24 minutes 34 seconds East for a distance of 16.09 feet; THENCE leaving the said north line, along a non-tangent curve to the right having a radius of 58.00 feet a central angle of 56 degrees 13 minutes 39 seconds and an arc length of 56.92 feet, being subtended by a chord of North 64 degrees 25 minutes 59 seconds East for a distance of 54.66 feet; THENCE non-tangent from the previous curve,South 82 degrees 12 minutes 08 seconds East for a distance of 87.42 feet; THENCE South 87 degrees 36 minutes 44 seconds East for a distance of 60.27 feet; THENCE South 85 degrees 02 minutes 12 seconds East for a distance of 64.09 feet; THENCE North 86 degrees 23 minutes 51 seconds East for a distance of 67.57 feet; THENCE South 82 degrees 33 minutes 53 seconds East for a distance of 67.46 feet; . THENCE North 83 degrees 20 minutes 59 seconds East for a distance of 76.64 feet; THENCE North 72 degrees 00 minutes 58 seconds East for a distance of 52.03 feet; THENCE North 69 degrees 10 minutes 08 seconds East for a distance of 48.85 feet; THENCE North 81 degrees 21 minutes 35 seconds East for a distance of 42.15 feet to the point of beginning. Containing 21389 square feet more less. The above described tract is subject to all easements and rights of ways now existing or of record. SPRING CREEK TRAIL ALIGNMENT ACROSS SEDLAK PROPERTY JO Az 0 z 3 0 z 0 W DRAM RD } D � gW oa LU z w IX SEDLAK PROPERTY v a APPROXIMATE TRAIL ALIGNMENT x Approximate Trail Alignment LOCATION SKETCH REVISED SEDLAK PATH , TRAIL & EASEMENT S89'24'34"E - 7 .52'299 DRAKE ROAD NORTHWEST CORNER 27-7-69 NORTH LINE OF NW 1/4 27-7-69 (BASIS OF BEARINGS) 3 RCCERIJON NO, o. 99086164 o h O 0 BIKE TRAIL, to TEMPORARY PATH, REC. TRAIL, CONS'T. EASEMENT USE EASEMENT 1433 SQ. FT. 21389 SQ. FT. © 3 ® ® ® ® tt ® © ® ® ® an Na 0 �� 7Q N89'32'06"W - 455.11' N I EXIST. FENCE NORTH LINE OF I cps NORTH LINE OF I PocoQet`� SUB.LOT 2PART OF W 1/2 �e\oQ�� LOT 1PART OF w 1/2 Qc OF NW 1/4 OF SEC. 27 I Q� OF NW 1/4 OF SEC. 27 N79'06'53"W-9.59' (9 S82'12'08"E-87.42' ® N89'24'34"W-29.19' N83'39'14"W-43.58' ® S87'36'44"E-60.27' ® N00'03'18"W-24.10' ® N84'25'11"W-53. S85'02'12"E-64.09' ® S89'24'34"E-94.62' ® N84'32'27"W-43.04' tt 04 S89'28'23"W-79.59' © N86'23'51"E-67.57' ® ® N00'27'57"E-6.36' @ S82'33'53"E-67.46' m S89'24'34"E-16.09' N83'20'59"E-76.64' ® R=58.00' CHD= N72'00'58"E-52.03' N64'25 59"E-54.66' ® N69'10'08"E-48.85' N TS N81'21'35"E-42.15' tAND HIS SKETCH AND THE AREAS MAY 22, 2002 HOWN DEPICT THE ATTACHED ROPERTY DESCRIPTION ONLY, DO NOT REPRESENT A ONUMENTED BOUNDARY SURVEY. U:\S7WPROJ\WALLY\TAfTHILL\DWG\ROW.OWG