HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/16/2001 - FIRST READING OF ORDINANCE NO. 10, 2001, AUTHORIZI AGENDA ITEM SUMMARY ITEM NUMBER: 15
DATE: January 16, 2001
FORT COLLINS CITY COUNCIL Ron Mills
FROM: Matt Baker
SUBJECT:
First Reading of Ordinance No. 10, 2001, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands for the Street Improvements to Fossil Creek Parkway, from College
Avenue to Mail Creek Lane.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
The final development of the Huntington Hills area requires the collector street connection of Fossil
Creek Parkway from College to Lemay Avenue. There is an existing portion of Fossil Creek
Parkway that was constructed with an old county subdivision. The development,in conjunction with
the Street Oversizing Program, will improve this segment of Fossil Creek Parkway by adding
sidewalks,bike lanes,curbing,and an asphalt overlay. Although there is sufficient existing right of
way, drainage and slope construction easements are required from the Fossil Creek Estates
Homeowners Association's common property. However, the Bylaws of the Association make it
extremely difficult to obtain the required easements,and the City and the Homeowners Association
have agreed to a "friendly" condemnation of the easements. Without eminent domain, all Fossil
Creek Meadows homeowners in the Association and all lending institutions holding deeds of trust
would need to execute the conveyance document pursuant to the Bylaws of the Association. This
Council action will begin the uncontested eminent domain proceeding.
. ORDINANCE NO. 10, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN
PROCEEDINGS OF CERTAIN LANDS FOR FOSSIL CREEK ROAD IMPROVEMENTS
FROM COLLEGE AVENUE TO MAIL CREEK LANE
WHEREAS, the City of Fort Collins desires to acquire drainage and slope easements,
together with a temporary construction easement,as described in Exhibit"A", attached hereto and
incorporated herein by reference(the"Property"),from the Fossil Creek Homeowners Association
("FCHOA") for the purpose of constructing road improvements to Fossil Creek Parkway from
College Avenue to Mail Creek Lane; and
WHEREAS, the FCHOA has requested that the City initiate an eminent domain action in
order to complete the transaction; and
WHEREAS, the acquisition of the Property is desirable and necessary for public use to
enhance 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 ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Council finds and hereby determines that it is necessary for the public health,
safety and welfare that the City acquire the Property to be used for the purpose of a street connection.
Section 2. That the Council hereby authorizes the City Attorney and other proper officials
to acquire the said real property for the City by eminent domain proceedings.
Section 3. That the City Council hereby finds,in the event that the Property is to be acquired
by condemnation, immediate possession of the same is necessary for the public health, safety and
welfare.
•
Introduced, considered favorably on first reading and ordered published this 16th day of
January, A.D. 2001, and to be presented for final passage on the 6th day of February, A.D. 2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 6th day of February, A.D. 2001.
Mayor
ATTEST:
City Clerk
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FOSSIL CREEK PARKWAY EASEMENTS
FROM COLLEGE AVE TO MAIL CREEK LANE
LOCATION MAP
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