HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/06/2001 - FIRST READING OF ORDINANCE NO. 17, 2001, AUTHORIZI AGENDA ITEM SUMMARY ITEM NUMBER: 15
DATE: February 6, 2001
lip FORT COLLINS CITY COUNCIL STAFF: Ron Mills
Craig Foreman
SUBJECT:
First Reading of Ordinance No. 17, 2001, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands for the Spring Creek Trail Connection Across the Existing Drainage
Tract located in the Northwest Corner of the Replat of Hill Pond on Spring Creek, 2nd Filing P.U.D.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
The City currently does not have a trail easement on the northwest corner of the Replat of Hill Pond
on Spring Creek,2nd Filing P.U.D. This problem was created when the City responded to a request
to vacate old street easements on the original plat after the PUD was replatted. To correct this
problem, the City would like to acquire an easement for the installation, operation, access and
maintenance of a bike and pedestrian trail at the current location through a condemnation action.
The Hill Pond on Spring Creek Homeowners' Association owns the land needed for acquisition as
part of its common property. The area of the subject land exists as a drainage tract,is approximately
2,560 square feet and has an estimated value less than $100. The President of the Hill Pond on
Spring Creek Homeowners' Association has indicated that at its annual meeting of the homeowners,
held November 30, 2000, the possibility of condemnation was discussed and the Association
authorized the City to proceed with the condemnation. Without the use of eminent domain
proceedings, all Spring Creek 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 proceedings.
• ORDINANCE NO. 17, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN
PROCEEDINGS OF CERTAIN LANDS FOR THE
SPRING CREEK TRAIL CONNECTION ACROSS THE EXISTING DRAINAGE
TRACT ON THE NORTHWEST CORNER OF THE REPLAT OF
HILL POND ON SPRING CREEK, 2ND FILING P.U.D.
WHEREAS, the City of Fort Collins desires to acquire certain real property described in
Exhibit "A", attached hereto and incorporated herein by reference (the "Property"), from the Hill
Pond on Spring Creek Homeowners' Association("HPSCHOA") for the purpose of constructing a
Spring Creek trail connection across the existing drainage tract at the northwest corner of the Replat
of Hill Pond on Spring Creek 2nd Filing P.U.D.; and
WHEREAS,the HPSCHOA has requested that the City initiate eminent domain proceedings
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 trail 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 6th day of February,
A.D. 2001, and to be presented for final passage on the 20th 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
. EXHIBIT "A"
Drainage Tract, Hill Pond on Spring Creek 2nd Filing P.U.D.,according to the Plat thereof recorded
1-23, 1982, in Book 2099 at Page 1049, County of Latimer, State of Colorado.
TRAIL EASEMENT LOCATION AT
REPLAT OF HILL POND ON SPRING CREEK,
2ND FILING P.U.D.
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