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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/18/2001 - FIRST READING OF ORDINANCE NO. 213, 2001, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 19 DATE: December 18, 2001 FORT COLLINS CITY COUNCIL FROM Ron Mills Matt Baker SUBJECT : First Reading of Ordinance No. 213, 2001, Authorizing Eminent Domain Proceedings to Acquire Parcel #9701312005 for Construction of Redwood Street and Conveyance of Remainder Property. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: The developer, Palladian Construction Company, of the Old Town North affordable housing project is required to complete the construction of Redwood Street between Conifer and Vine Drive. Redwood Street is classified as a collector street and will be an important connection in this area in addition to providing primary access to the development. There is one small, irregularly-shaped parcel of property on the alignment of Redwood Street for which the developer has been unable to obtain the necessary right-of-way. This small parcel appears to have been abandoned by its owner. The Old Town North developer purchased the tar certificates for the property when it was auctioned by the Larimer County Treasurer for non- payment of taxes. Repeated attempts to locate the property owner have been unsuccessful. In order to take advantage of approved state financing for affordable housing projects, the developer has asked the City to use its power of eminent domain to acquire the property. The efforts of the developer meet the criteria of the resolution that Council adopted regarding City participation in eminent domain proceedings for development projects. The developer will pay all City costs associated with this action, including, but not limited to, appraisals, litigation cost and any amount necessary for the purchase of the property or any amount ordered as just compensation for the property. That portion needed for construction of Redwood Street and related improvements will be held by the City. The remainder portion is encumbered by an existing irrigation ditch easement held by Lake Canal. That remainder will be conveyed to the developer for inclusion in the development project. ORDINANCE NO. 213, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE PARCEL #9701312005 FOR CONSTRUCTION OF REDWOOD STREET AND CONVEYANCE OF REMAINDER PROPERTY WHEREAS, the Old Town North affordable housing project is required to complete construction of Redwood Street between Conifer and Vine Drive; and WHEREAS, Redwood Street is classified as a collector street; 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 facilitating the construction of Redwood Street by Palladian Construction Company,developer for the Old Town North project; and WHEREAS, the majority of the Property will be needed for City right-of-way and related improvements for Redwood Street and the remainder of the Property, consisting of approximately 3,451 square feet, described on Exhibit "B," attached hereto and incorporated herein by this reference(the"Remainder Property"),will no longer be usable for development as a separate parcel; and WHEREAS, the Remainder Property will therefore be conveyed back to Palladian Construction Company for inclusion in the development project in consideration of Palladian paying all costs associated with the Eminent Domain proceedings; and WHEREAS,the City and Palladian Construction Company have attempted to find the owner of the Property to negotiate in good faith for the acquisition of the same and have been unsuccessful; and WHEREAS, the acquisition of the Property is desirable and necessary for the construction of Redwood Street, 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; and WHEREAS, Section 23-111 of the City Code authorizes the City Council to sell,convey or otherwise dispose of real property owned by the City upon a determination that such sale or other disposition is in the best interest of the City of Fort Collins. 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 for the purpose of constructing Redwood Street and related public 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. That the City Council hereby finds that, in the event that acquisition by condemnation of the Property is commenced, immediate possession is necessary for the public health, safety and welfare. Section 4. That the City Council further hereby finds that the conveyance of the Remainder Property to Palladian Construction Company is in the best interest of the City of Fort Collins. Section 5. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to convey the Remainder Property to Palladian Construction Company in consideration of Palladian Construction's payment of all costs incurred by the City in connection with the acquisition of the Property,through eminent domain proceedings if necessary. Introduced and considered favorably on first reading and ordered published this 18th day of December,A.D. 2001,and to be presented for final passage on the 15th day of January,A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 15th day of January, A.D. 2002. Mayor ATTEST: City Clerk EXHIBIT "A" Tract "E", Replat (No. 1) of Evergreen Park, City of Fort Collins, County of Larimer, State of Colorado, except that portion conveyed to the Department of Highways, State of Colorado,by deed recorded May 17, 1974 in Book 1601 at page 764 and subject to the oil, gas, minerals and other mineral rights as reserved in instrument recorded in Book 1406 at page 773, Right of Way easement as granted to Chevy Hills Sanitation District in instrument recorded in Book 1490 at page 35, and Right of way easement as granted to Platte River Power Authority in instrument recorded in Book 2220 at page 934. REPL4 EVER A PART OF SECTIONS I AND I: CITY OF FORT COLLI STAT'c C 96rb GASCT 2 JMAOlO ANAf . �C iC0 O �00 _fCp Tb KOIC,CAryrp - •CAL•: t•-IOa' —_ - OV OrMJAD p r / TRACT 6 ��'r, p0� a i 3.71T AA:. o ffi, ¢�rp° w : - .9 rJ J MN rA v'r zfS.cf MM YA STATEMENT OF OWNER5N1fl, eMAola.vlA. 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Ay.me raar ALar•"M Mow rM/.r ._ . ..�....a� .• IaLI•AaO. /"YiMaNKrr/aO[aW1•_.°�•.... .. fYa ar ea,w.a �,•.....erL.w..Me 10/30/201 11:01 9702263027 RJL SURVEYS PAGE 02 EXHIBIT "B" RJL 113 Cameron Ddov�ke B Fort Calm,Coiondo W525 Tel•(970)2269007 FAX(970)22&3027 MMUMON OF PARCEL TO BF ACO It M FROM RPlrar ER llw:ortion of the Southwest Quartet of Section 1,Towmh9p 7 North,Range 69 West of the 6 P.M.,Larim f County,Colorado,which,considering the South line of said Southwest Quart=as bearing N 89-59'08"E,and with all bearings contained herein relative thereto,is more particularly described by the following boundary lines: Commencing at the South Quarter Comet of said Section 1;thence N 27017'56"W 506.00 feet to the POINT OF BEGINNING; tbc=N 6VI7'32"W 124.15 feet;thence 108.27 fast along the arc of crave to the right,having a radim of 510.00 fxt,a central angle of 12°09'49"and a long-chord which bears S 33622'19"W 108.07 fxr thence 12.47 ken along the arc of a curve to the right,having a radius of 8.00 ket,a central angle of M 8'35",and a long-chord which bears S M7'06"W 11.25 feet;thence N 51.13'01"W 47.72 fed to the POINT OF BEGINNING,containing 3451 square feet, more or less,and being subject to ary easements,rights-of-way,or mtrictions now cristiog, in ux,or on*acofd. ii r � �a�j�Ts��f1 �1l � fib• ��. � ��. 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