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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 04/18/2000 - FIRST READING OF ORDINANCE NO. 40, 2000, AUTHORIZI AGENDA ITEM SUMMARY ITEM NUMBER: 17 FORT COLLINS CITY COUNCIL DATE: April 18, 2000 STAFF: Link Mueller SUBJECT: First Reading of Ordinance No. 40, 2000, Authorizing Acquisition by Eminent Domain Proceedings of Certain Easements Necessary for the Locust Street Outfall Storm Drainage Improvements. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: The City is seeking to acquire easements from two properties to construct the Old Town Master Drainage Plan capital project. Property appraisals have been completed and sufficient funds have been appropriated and budgeted. EXECUTIVE SUMMARY: The construction of the Locust Street Outfall project is currently scheduled for the summer and fall of 2000. The proposed capital improvements include the construction of approximately 4000 feet of 108 inch pipe, 540 feet of 12'x 6' box culvert and 1700 feet of 72 inch pipe. Additional inlets, necessary curb and gutter replacement, and asphalt replacement will also be done throughout the project route. In conjunction with the storm sewer project, the area's two major sanitary trunk lines will also be replaced with a 27-inch sanitary sewer, roughly following the route of the proposed storm sewer. Construction of the proposed improvements will require the acquisition of a permanent utility easement and a temporary construction easement from two properties. Staff has initiated the easement acquisition process—discussing the project with the property owners, obtaining appraisals, preparing offers and negotiating for the required easements. Staff will continue good faith negotiations; however, to ensure that the City can secure all of the easements in time to begin construction of the project; it is necessary to initiate the first step of the eminent domain process, passage of this Ordinance authorizing acquisition by eminent domain. DATE: April 18, 2000 2 ITEM NUMBER: 17 Staff has described the contents of the subject ordinance to the affected property owners and informed them that City Council is being asked to approve the ordinance at this City Council meeting. BACKGROUND: On January 7, 1993, Council adopted the Old Town Basin Master Drainage Plan. One of the projects proposed was the Locust Street Outfall. This project will provide major drainage improvements for the southeastern area of the Old Town Basin. Given the "pay as you go" funding process in place at that time, the Locust Street Outfall wasn't scheduled for construction until approximately 2004. The flood on July 28, 1997 caused considerable damage to private property within the Locust Street Outfall area. In October 1998, Council approved a stormwater financing plan, allowing the Utility to sell bonds to fund drainage projects, and accelerate construction schedules. This allowed the Locust Street Outfall schedule to be moved forward for construction in 2000. The adoption of the new 100-year rainfall criteria in March 1999 also affected the project. The original concept in the Master Plan proposed lowering streets to provide a positive outfall to the river. The new design criteria increased peak storm flows and made this solution impractical. An "all pipe" alternative was chosen as the preferred alternative. One advantage to this alternative is that it significantly decreases the impact of the project on the two affected properties. The project is currently in the final design phase. With the exception of needing to acquire easements from two property owners, the proposed improvements can be constructed within the existing street right-of-way. Staff has begun the easement acquisition process, reviewing the proposed improvements with the affected property owners, and obtaining appraisals for the easements. Offers based on the appraised value of the property have been presented to the property owners. Although staff is continuing to negotiate with the affected property owners, it is possible that one or both of the easements will have to be acquired by eminent domain. Based on the anticipated start date for construction and the amount of time required for eminent domain proceedings, it is necessary to take the first step in the eminent domain process. Staff has advised the affected property owners that it is not unusual for the City to authorize the use of eminent domain at the same time as negotiations are taking place. The two property owners have been assured that it is the City's intention to continue good faith negotiations for the easements. At this time, easements must be acquired from the following property owners: Barbara M. Solfermoser Family Trust 1000 E. Laurel Springer-Fisher,Inc. West of Lemay(North of Riverside Staff recommends that Council authorize the use of eminent domain to acquire easements from these two property owners. The property owners have been notified that the City Council will be considering this recommendation. ORDINANCE NO. 40, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN EASEMENTS NECESSARY FOR THE LOCUST STREET OUTFALL STORM DRAINAGE IMPROVEMENTS WHEREAS, on January 7, 1993, Council adopted the Old Town Basin Master Drainage Plan, which would provide storm drainage protection within the Old Town Basin area; and WHEREAS, included among the capital projects in the Old Town Basin Master Drainage Plan was the Locust Street Outfall to provide major drainage improvements for the southeastern area of the Old Town Basin; and WHEREAS, on June 8, 1999, Ordinance No. 4 was adopted by the Stormwater Utility Enterprise, providing funding for the proposed improvements; and WHEREAS, it is necessary for the City to acquire certain easements hereinafter described for the purpose of construction of stormwater and wastewater improvements, and related improvements, in connection with the Locust Street Outfall; and WHEREAS, the City has previously negotiated in good faith for the acquisition of said easements, which negotiations have been unsuccessful; and WHEREAS, the acquisition of the easements is desirable and necessary for the construction of the improvements, is in the public interest and necessary for the above-described project, which will enhance the public health, safety and welfare; and WHEREAS, the acquisition of such easements may, by law, be accomplished though proceedings of 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 easements described on Exhibit "A", attached hereto and incorporated herein by this reference, (the "Easements"), for the public purpose of constructing, operating, and maintaining stormwater and wastewater improvements, and related improvements, across the above described properties. Section 2. That the City Council hereby authorizes the City Attorney and other f the City to acquire the E i b eminent domain 1rr=•rnate officials • ty � e Easements for the City y 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 of the Easement is necessary for the public health, safety, and welfare. Introduced, considered favorably on first reading, and ordered published this 18th day of April A.D. 2000, and to be presented for final passage on the 2nd day of May, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of May, A.D. 2000. Mayor ATTEST: City Clerk EXHIBIT"A" Page 1 of 7 DESCRIPTION: PERMANENT UTILITY EASEMENT-1 A Permanent Utility Easement being a portion of a tract of land described at Reception No. 91036970 on file at the Office of the Clerk and Recorder,Larimer County, Colorado located in the Northeast Quarter of the Northeast Quarter of Section 13,Township 7 North,Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 13 as bearing South 18'40'34" West and with all bearings contained herein relative thereto: That portion of an easement 50 feet in width with foreshortened and prolonged sidelines to meet the East and West property line of said tract of land described at Reception No. 91036970 and shall be 25 feet each side measured at right angles and parallel with the centerline described as follows; Commencing at the Northeast corner of said Section 13:thence,South 51'46121"West, 1483.08 feet to the POINT OF BEGINNING of said centerline; thence along said centerline, North 82°02'48" West, 118.14 feet to the Point of Terminus of said centerline. . The above described Permanent Utility Easement contains 5907 square feet more or less and is subject to all easements and rights-of-way now on record or existing. • EXHIBIT"A" Page 2 of 7 DESCRIPTION: TEMPORARY CONSTRUCTION EASEMENT- 1 A Temporary Construction Easement being a portion of a tract of land described at Reception No. 91036970 on file at the Office of the Clerk and Recorder,Larimer County, Colorado located in the Northeast Quarter of the Northeast Quarter of Section 13,Township 7 North,Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: All of that tract of hnd described at said Reception No. 91036970, EXCEPTING the South 38 feet of said tract. The above described Temporary Construction Easement contains 0.991 acres more or less and is subject to all easements and rights-of-way now on record or existing. EXHIBIT"A" Page 3 of 7 DESCRIPTION: PERMANENT UTILITY EASEMENT-2 A Permanent Utility Easement being a portion of a tract of land described at Book 2289,Page 2383 on file at the Office of the Clerk and Recorder,Larimer County, Colorado located in the Northeast Quarter of the Northeast Quarter of Section 13, Township 7 North, Range 69 West of the 6`h Principal Meridian, City of Fort Collins, County of Latimer, State of Colorado being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 13 as bearing South 18°40'34" West and with all bearings contained herein relative thereto: That portion of an easement 60 feet in width with foreshortened and prolonged sidelines to meet the Southerly line of that tract of land described at Reception No. 90038447 and the Railroad Northeasterly Right-of-Way line and shall be 30 feet each side measured at right angles and parallel with the centerline described as follows; Commencing at the Northeast comer of said Section 13;thence, South 72°49'30" West,750.89 feet to the POINT OF BEGINNING of said centerline; thence along said centerline, South 32°16'56" West, 173.81 feet to the Point of Terminus of said centerline. The above described Permanent Utility Easement contains 10,184 square feet more or less and is subject to all easements and rights-of-way now on record or existing. EXHIBIT"A" Page 4 of 7 DESCRIPTION: TEMPORARY CONSTRUCTION EASEMENT-2 A Temporary Construction Easement being a portion of a tract of land described at Book 2289 at Page 2383 on file at the Office of the Clerk and Recorder,Larimer County, Colorado located in the Northeast Quarter of the Northeast Quarter of Section 13,Township 7 North,Range 69 West of the 6" Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 13 as bearing South 18°40'34" West and with all bearings contained herein relative thereto: Commencing at the Northeast corner of said Section 13;thence, South 72°49'30" West,750.89 feet to a point on the Southerly line of that tract of land described at Reception No. 90038447 on file at the Office of the Clerk and Recorder,Larimer County, Colorado, said point also being the POINT OF BEGINNING;thence along said Southerly line, South 42°27'41" East, 3.60 feet;thence, South 16°05'30"East,81.97 feet;thence,South 22048'16"East,56.03 feet;thence departing said Southerly line,South 58°40'07"West, 126.69 feet to a point being on the Railroad Northeasterly Right-of-Way line;thence along said Right-of-way line,North 31'11'45" West,285.00 feet to a point on the West line of said Book 2289, Page 2383; thence along said West line,North 58°47'53" East, 54.49 feet to a point on said Southerly line of that tract of land described at Reception No. 90038447;thence along said Southerly line,South 85°41'57"East,64.14 feet;thence,South 65°27'33"East,67.85 feet; thence, South 42°27'41" East, 54.34 feet to the Point of Beginning. The above described Temporary Construction Easement contains 0.859 acres more or less and is subject to all easements and rights-of-way now on record or existing. SEAR-BROWN Exh;btt-»A" 6£ EXHIBIT NO. 1 • AN EASEMENT BEING A PORTION OF A TRACT OF LAND DESCRIBED AT RECEPTION NO. 91036970, LOCATED IN THE NE 1/4 OF THE NE 1/4 OF SECTION 13, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6 th P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. APPROXIMATE LOCATION i OF PROPERTY LINE 0 + TEMPORARY CONSTRUCTION NE CORNER EASEMENT SEC 13-T-7N-R69W SCALE: 1' = 60' (0.991 ACRES) . MARCH 20, 2000 3 +o i 2\ � ~Cy i EXISTING FENCE LINE 1a r3 h m i POINT OF j i A(;- FohgCT TERMINUS ! O4 l\ __ hm ` N 82'02'48" W N J -fy 118.14 j y _ h J - POINT OF R y00 4 �+. '-- ' BEGINNING ExlsnNc FACE PERMANENT •••.., OF BUILDING ` UTILITY EASEMENT s (5907 S.F.) FOUND PROPERTY PIN a 0 MARCH 2q 01. 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