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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/17/2006 - SECOND READING OF ORDINANCE NO. 005, 2006, AUTHORI ITEM NUMBER: 8 AGENDA ITEM SUMMARY DATE: January 17, 2006 FORT COLLINS CITY COUNCIL STAFF: Dan Mattson/Dean Saye/Helen Matson SUBJECT Second Reading of Ordinance No. 005, 2006, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the Dry Creek Drainage Improvements Project- Irrigation Pipeline. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. FINANCIAL IMPACT Property acquisition costs for the construction of the Dry Creek Drainage Improvements Project - Irrigation Pipeline ("Project') will be covered by available project funds. Appropriations for the Project consist of $1,700,000 in 2003, $3,000,000 in 2004, $3,400,000 in 2005, and future appropriations of$1,200,000 in 2006. EXECUTIVE SUMMARY This Ordinance,which was unanimously adopted on First Reading on January 3,2006, allows staff to use the eminent domain process if good faith negotiations fail to result in an agreement between the City and affected property owners. Staff is hopeful that all acquisitions will be accomplished by agreement. ORDINANCE NO. 005, 2006 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 DRY CREEK DRAINAGE IMPROVEMENTS PROJECT- IRRIGATION PIPELINE WHEREAS, the construction of the Dry Creek Drainage Improvements Project (the "Project") started in 2005; and WHEREAS, the Project includes modifications to Douglas Lake spillway, construction of two detention ponds, installation of a SCADA system, construction of an irrigation water supply pipeline from Reservoir#4 to Terry Lake, and construction of open channels to carry stormwater flows from the Larimer& Weld Canal to near the confluence of Dry Creek and the Poudre River; and WHEREAS, it is necessary for the City to acquire certain property rights for the irrigation water supply pipeline from Reservoir#4 to Terry Lake more particularly described in the attached exhibits for the purpose of constructing the Project; and WHEREAS,the City will negotiate in good faith for the acquisition of said property rights from the owner thereof, and WHEREAS, the acquisition of the property rights is desirable and necessary for the construction of the Project,is in the City's best interest and enhances public safety and welfare;and WHEREAS, the acquisition of such property rights 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 the City Council hereby finds and determines that it is necessary in the public interest to acquire the property rights described on attached Exhibits "A" and "B", and incorporated herein by this reference, for the purpose of constructing the Project. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire said property rights for the City by eminent domain proceedings. Section 3. The City Council hereby finds that, in the event that acquisition by condemnation of the property rights described in this Ordinance is commenced, immediate possession is necessary for the public safety and welfare. Introduced,considered favorably on the first reading and ordered published this 3rd day of January, A.D. 2006, and to be presented for final passage on the 17th day of January, A.D. 2006. May r ATTEST: City Clerk Passed and adopted on final reading this 17th day of January, A.D. 2006. Mayor ATTEST: City Clerk SUAK Ct ftIAL EXHIBIT"A" 209 South Md&=street PAGE 1 OF 2 Fort Co&4 CD 80521-2603 Td:(970)482.5922 Fix:(970)482-6368 s>antec.Com suntec DESCRIPTION: A strip of land being a portion of Lot 3 Hultgren M.R.D. (Rec. No. 89015452) located in Section 23, Township 8 North,Range 69 West of the 6rh Principal Meridian,County of Latimer, State of Colorado being more particularly described as follows: Basis of Bearings: The South Line of Section 23,being nnonumented at the Southwest Comer by a 2"aluminum cap stamped S22,S23,S26,S27, LS 3028 and at the Southeast Corner by a 3 %2"aluminum cap stamped S23,S24,S25,S26 LS5020 1989 with a line between assumed to bear South 89'20'55"East with all bearings herein contained relative thereto. COMMENCING at the Southwest Corner of said Section 23, Thence S89°20'55"E, 2365.01' along the South line of said Section 23; Thence N00100'00"E, 60.00 feet to the North Right-of-Way line of West Douglas Road and the POINT OF BEGINNING,• Thence N00°00'00"E, 114.45 feet;Thence N 12'55'22"E, 504.43 feet; Thence N10041'45"W,407.52 feet;Thence N20°02'37"E, 638.28 feet; Thence N06'40'00"W, 288.84 feet to the Northerly line of said Lot 3;Thence along said Northerly line the following three(3) courses: 1) S71°10'25"E,47.20 feet; 2)SO1'24'25"E,253.28 feet; 3) S68001'55"E, 10.01 feet;Thence S20004'08"W, 654.82 feet; Thence S 10°40'03"E, 407.15 feet; Thence S12°55'22"E, 506.35 feet; Thence S00°00'00"E, 112.41 feet to the North Right-of-Way line of West Douglas Road; Thence N89120'55"W, 20.00 feet along said Right-of-Way to the POINT OF BEGINNING. The above described strip contains 41,912 square feet(0.962 acres), more or less,and is subject to all easements and rights of way now on record or in place. yo . Thomas William Nicholas Colorado Professional Land Surveyor Reg. No. 28657 y'�., •'•..,,..•••' �.`��/%f�OS V:\52873\active\187310058\survey\exhibit\EXHI3IT-weil-20r93005.doc lwn 41411 Date: 10/04/05 fXHIR�T"A" V4rAF.2 OF 2 A STRIP OF LAND BEING A PORTION OF LOT 3 HULTGREN M.R.D.LOCATED IN SECTION 23,TOWNSHIP 8 NORTH,RANGE 89 WEST OF THE 8TH PRINCIPAL MERIDIAN,COUNTY OF LARIMER,STAtE,OF COLORADO 1 ' .. ` mNTRWE i, Tam' iI t mocsomam 0 200 400 T SCALE IN FEET � T cown i i i i T r r T rRarom uRE T T T a i � 1 i FENCE 1 1 oea 4f 1 '1 i 1 LOT 3 H.S1LT-GRE* 1xR[3 _ NO. S-92-8 e 1 aum a12 � I r a1 9 I ` T ' I � I m � r m ' p ,. ' roINT or ecowruNo mum soenaR n , POINT or CoNNemcamENT 3 SE CoroRR or gcnoR aT iw.NOW ar Cm.gCn UK"m mo r AC uwm ro=J t/r Ae Is Rom Im DRY 187310058 LAwMERMER COUNTY,COLCRADO T F.:(l 1aeaaua '��TAUiFYAN�.r.,w rAaTa')aea.am t wnYcmm nuarwr A REPRESENTATION OF E%NIBR A rWorMa,.\�m�mry../awVoawerw-�n.w„a/aWoos ISM w ammo cowlwg Nc EM61T"B" 209 South Meldmm Street PAGE 1 OF 6 Fort Wks CA 80521-2603 Tel:(970)482.5922 Fax:(970)482-6368 stantec.com Stantec DESCRIPTION: A strip of land being a portion of Lot 3 Hultgren M.R.D. (Rec. No. 89015452) located in Section 23, Township 8 North, Range 69 West of the 6`7i Principal Meridian, County of Larimer, State of Colorado being more particularly described as follows: Basis of Bearings: The South Line of Section 23, being monumented at the Southwest Comer by a 2"aluminum cap stamped S22,S23,S26,S27, LS 3028 and at the Southeast Corner by a 3 %2"aluminum cap stamped S23,S24,S25,S26 LS5020 1989 with a line between assumed to bear South 89°20'55"East with all bearings herein contained relative thereto. COMMENCING at the Southwest Corner of said Section 23, Thence S89°20'55"E, 2375.0 P along the South line of said Section 23; Thence N00°00'00"E, 60.00 feet to the North Right-of-Way line of West Douglas Road,Thence N89°20'55"W, 10.00 feet along said North Right-of-Way line to the POINT OF BEGINNING; Thence N89°20'55"W,40.00 feet; Thence N00°00'00"E, 118.52 feet; Thence N12°55'22"E, 500.60 feet; Thence N10*4l'45"W,467.87 feet to a point on the Northwesterly line of said Lot 3; Thence N79°49'05"E, 64.35 feet along the Northwesterly line of said Lot 3; Thence NI 1°03'55"W, 98.90 feet along the Northwesterly line of said Lot 3; Thence N20°02'31"E, 467.19 feet; Thence North 06040'00" W, 304.36 feet to a point on the North line of said Lot 3; Thence S71010'25"E, 72.01 feet along said North line; Thence S06°40'00"E, 288.84 feet; Thence S20°02'31"W, 638.28 feet; Thence S10°41'45"E, 407.52 feet;Thence S 12055'22"W, 504.43 feet; Thence S00°00'00"E, 114.45 feet to the North Right-of-Way line of West Douglas Road and the POINT OF BEGINNING. The above described tract contains 98,454 square feet(2.260 acres),more or less, and is subject to all easements and rights of way now on record or in place. Thomas William Nicholas 0 C) . r"667 f ;c a Colorado Professional Land Surveyor Reg. No. 28657 = 4+ ojp, V:\52873\active\187310058\survey\exhibit\EXHIBIT-weilBr93005.docfrp Date: 10/04/05 'qiq a1auN��,��`` Page 1 of 6 EXHIBIT"B" PAGE 2 OF 6 A STRIP OF LAND BEING A PORTION OF LOT 3 HULTOREN M.R.D.LOCATED IN SECTION 23,TOWNSHIP 8 NORTH,RANGE 89 WEST OF THE 8TH PRINCIPAL MERIDIAN,COUNTY OF LARIMER,STATE OF COLORADO yZL / 4 R f I 1Y1G]ON DDOI 0 200 400 SCALE IN FEET I�G%/% TD'oElmis OF EIDEDIT E mllwoEM , / maFnlry uNe mw w;> Y.% / KA44r r1 � E/ d - .�Ib81Fl° 4i �I Aa+F i t / t S' LOT 3 5, ' H IULTGREN -MRTf NO. S-92-8 t .r ev mane.E <' 1, E105M10 r �1 �1 �1 I h "1W OF h_«. OOMMENOEMOIT M;LE Ni]wwv - FOINT OF- MFM FONT]1/�' "'WESTYlbl'p6t9 R0AEf _ u 1010 1l ———— _ —Ii.11fi1Wp-C1EOS7Yll0. DRY EN 187310058 URIMM UIY. LARIMER CAUNTY,W�OPADO t�G Mu.GO�.lOSl1ffi1 w�YY YN>°ITEE3-0BII T.[MFF Fv:(mlbfm �� REP�SEMATION OF E%HI&TB Pe W Vmr4.s+Vmlmehe.wier�\Imlawew-.+E+w>rAVnm axn ry Stantec CetlU04Isc EXHIBIT"B" 209 South McYhum Street PAQE 8 OF 6 Fort Corns CO 80521.2603 Tel:(970)482.5922 Fax:(970)482.6368 starAec com *I , --- Stantec DESCRIPTION: A tract of land being a portion of Lot 3 Hultgren M.R.D. (Rec. No. 89015452) located in Section 23,Township 8 North, Range 69 West of the 6th Principal Meridian, County of Latimer, State of Colorado being more particularly described as follows: Basis of Bearings: The South Line of Section 23, being monumented at the Southwest Corner by a 2"aluminum cap stamped S22,S23,S26,S27, LS 3028 and at the Southeast Corner by a 3 %"aluminum cap stamped S23,S24,S25,S26 LS5020 1989 with a line between assumed to bear South 89°20'55" East with all bearings herein contained relative thereto. COMMENCING at the Southwest Corner of said Section 23; Thence S89°20'55"E, 2594.24' along the South line of said Section 23; Thence N00°00'00"E,60.00 feet to the North Right-of-Way line of West Douglas Road and the TRUE POINT OF BEGINNING; Thence N00°00'00"E, 195.37 feet; Thence N12°46'09"W, 63.73 feet; Thence N26°55'51"W, 70.59 feet; Thence N90°00'00"W, 100.58 feet; Thence N12155'22"E, 301.40 feet; Thence S83°11'10"E, 275.00 feet; Thence S09°07'08"W, 491.15 feet; Thence S00°00'00"W, 40.00 feet; Thence S45°00'00"E, 40.00 feet; Thence S89°20'55"E, 140.00 feet; Thence S00°00'00"E, 30.00 feet to the North Right-of-Way line of West Douglas Rd; Thence N89°20'55"W, 284.26 feet along said North Right-of- Way line to the TRUE POINT OF BEGINNING. The above described tract contains 129,229 square feet(2.97 acres), more or less, and is subject to all easements and rights of way now on record or in place. `,,� . r Nib . p ti0 • __ Thomas William Nicholas: Colorado Professional Land Surveyor Reg. Nce ` V:\52873\active\l87310058\survey\exhibit\EXHIBIT-weilDl.doc lwn/08/24 uua+x\`\` Page 3 of 6 EXHIBIT"W PACE4OPB A STRIP OF LAND BEING A PORTION OF LOT 3 HULTGREN M.R.O.LOCATED IN SECTION 23,TOWNSHIP 8 NORTH,RANGE 89 WEST OF THE 8TH PRINCIPAL MERIDIAN,COUNTY OF LARIMERe STAT91OF COLORADO i i � I i 0 200 400 JACK2UN'alCll % I SCALE IN FEET i l li PROPOW uNE It 1/r� - . . LoeRao 1 1� FOIQ , 1 11 1 LOT 3 1 LU.LTGREN-MRD 1 I NO. S-92-8 0 1 1 t /I /h e111101N0, /I /re/ ocHierre some mwon 2r N / ti - - - �- �- -1um2ert�WRYA6aAr _ - i SM'20'86'E 24r Y' 9wn1 PP SEC"n >' SW 0==weexeexe 23 sN oo r d'a2.cnoN x2 tet Rerw }\. 2E CMER OF swnON 23 TIK RtrN Faro r AC l4 2ms \ A ParD s�/r Ac 1E 4020�w ° MER 187310058 him LAND CHIMER CAUNTY,COIORApO 30B8w"WMn wwvi FtCMYu CO e0521-]mt .vinvIlrs wtx T.RAIIFFWHs� FIndl ei]8169 AREPRE�NiAT10N OF EXHIRRr R200' R P eeMe r.\unr\"w.\�m�wxb:.."\raq�mwmew-.a.wa N/+4Nes�acw w Shata Cwuldnp Inc. ExF lw"B" 209 SoLth McMmm Street PA,{a,E 5 OF 6 Port CAM CO 80521-2603 tel:(970)482.5922 F=(970)482-6368 stmtec.com Sta11teC DESCRIPTION: A tract of land being a portion of Lot 3 Hultgren M.R.D. (Rec. No. 89015452) located in Section 23, Township 8 North, Range 69 West of the 61h Principal Meridian, County of Latimer, State of Colorado being more particularly described as follows: Basis of Bearings: The South Line of Section 23, being monumented at the Southwest Comer by a 2"aluminum cap stamped S22,S23,S26,S27, LS 3028 and at the Southeast Corner by a 3 %"aluminum cap stamped S23,S24,S25,S26 LS5020 1989 with a line between assumed to bear South 89'20'55" East with all bearings herein contained relative thereto. COMMENCING at the Southwest Corner of said Section 23; Thence S89'20'55"E, 2375.01' along the South line of said Section 23; Thence N00'00'00"E, 60.00 feet to the North Right-of-Way line of West Douglas Road, Thence S89'20'55"E, 10.00 feet along said North Right-of-Way line; Thence N00100'00"E, 112.41 feet; Thence N12'55'22"E, 506.35 feet;Thence NI O'41'45"W, 402.14 feet; Thence N76'30'46"E, 15.50 feet to the TRUE POINT OF BEGINNING: Thence N20°02'31"E, 35.99 feet; Thence N76'30'46"E, 320.41 feet; Thence S10043'35"E, 144.18 feet; Thence S68°29'56"E, 110.26 feet; Thence S21°30'04"W, 30.00 feet; Thence N68°29'56"W, 126.81 feet; Thence NI O'43'35"W, 129.25 feet; Thence S76'30'46"W, 308.81 feet to the TRUE POINT OF BEGINNING; The above described tract contains 17,096 square feet (0.392 acres), more or less, and is subject to all easements and rights of way now on record or in place. `,`��,.,uur�yr�� _• �W• N • '$gyp,-• 0 o: O r' ' Thomas William Nicholas "a :•r Colorado Professional Land Surveyor Reg. No. 28657 o'- •'• •' ° zS f S- V:\52873\active\187310058\survey\exhibitEXHIBIT-weilE.doc twn/8/24/05 Page 5 of 6 EXHIBIT-B- E 6 OF 6 A STRIP OF LAND BEING A PORTION OF LOT 3 HULTGREN M.R.D.LOCATED IN SECTION 23,TOWNSHIP 8 NORTH,RANGE 89 WEST OF THE BTH PRINCIPAL MERIDIAN,COUNTY OF LARIMER,STATklOF COLORADO I 1 i t 1 t i t ' I i � I 1 0 200 400 t 1 SCALE IN FEET / i t i l liT i l /i ti i l►/i f e PaoPmlr uL 11 T.F.o.a TIMM 0 1 W46'E tt\\7Q' 1 laao' l�h, ]S0. M'W 1 LOT 3 1 Y-ULTGREN MRI) NO. S-92-8 0 1 ex rl a � 1 t L 1 m � I q 1101IM ICM,>, > ITS RMCOMYOIC1014" 0PI ND2'CORNER!v 30211N a]UK IM01P 1 9E CORNER r CIS 6 u I MYM PCIM Y M V]O7! f� ~' 1 /OINO 31/Y AG LE l010 IYN Prrar� n r�8731 °�'WR 187310058 LWE IAfUME0.COUNTY,CALOPMO him lW9 MYmmn FL CMWn.fq.a0II1-]BN T. T :fl1011 YtdPL ;r< T P11mfYaN Fv:(n0landiaa .mmllmmn Ial[m OYFIm P N0.EPRESEM2 NOFE%HIBRB Ism- Pe ea eWnvta,.\ImIowF4..F\.aw4nawoe��va.F u/r/mm rax wl ITEM NUMBER: 16 AGENDA ITEM SUMMARY DATE: January 3, 2006 FORT COLLINS CITY COUNCIL STAFF: Dan Mattson/Dean Saye/Helen Matson SUBJECT rnpy First Reading of Ordinance No. 005, 2006, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the Dry Creek Drainage Improvements Project - Irrigation Pipeline. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT Property acquisition costs fort0'P ykna ge hmprovementsProjectIrrigation Pipeline ("Project') ill beleunds. Appropriations forthe Project consist of $1,70Q00 'n 20200,000 in 2005, and future appropriations of$1,200,000 in 6`. EXECUTIVE SUMMARY The design portion of the entire Dry Creek Drainage Improvements Project began in 2003. The construction of the overall project began in April 2005 with completion scheduled in 2006. The total project involves a combination of sub-projects in the upper,middle and lower basins to reduce the likelihood of flooding. This Ordinance does not automatically result in the filing of a petition in eminent domain;it simply allows staff to use the process if good faith negotiations fail to result in an agreement between the City and affected property owners. Staff is hopeful that all acquisitions will be accomplished by agreement. Staff intends to follow the st d Cit cquis o cess: 1. Staff will conduct an internal value finding. If the preliminary valuation of the property indicates that the value of the property to be acquired exceeds $5,000 staff will order an appraisal from a certified appraiser. 2. Staff will attempt to meet with each property owner onsite, and may include the appraiser in this meeting if appropriate. January 3, 2006 -2- Item No. 16 3. Staff will mail and/or hand deliver letters of intent to the owners with written offers based on the internally prepared value findings or appraisals. 4. Staff will negoti oo to to acceptable agreement. 5. Staff will info the ow s tha ?aways a the right to consult with their own a rai or ey tim the process. BACKGROUND Dry Creek,a tributary to the Poudre River,extends from near the Wyoming border to a point on the Poudre River near the intersection of Mulberry Street and Timberline Road. The Dry Creek Basin is approximately 23 miles long and six miles wide, encompassing approximately 62 square miles. The upper and middle portions of the basin are primarily used as rangeland,irrigated hay meadows and pastures.The majority of the lower basin is developed for commercial,industrial and residential uses. The 100-year floodplain and floodway were originally mapped as part of a FEMA Flood Insurance Study in 1979 and revised in 1996 on ' al master Ian was completed in 1980. In 2002, Fort Collins Utilities mapped a rev' d fl ain d o a or ortions of the basin as part of a comprehensive update of the ity's st wat plan. he floodplain and floodway map reflect the higher rainfall stan d o d C Counci in 1999. Dry Creek is a FEMA- designated floodplain and is subject to the City's floodplain regulations. The total project includes modifications to Douglas Lake spillway, construction of two detention ponds, installation of a SCADA system, construction of an irrigation water supply pipeline from Reservoir#4 to Terry Lake, and construction of open channels to carry stormwater flows from the Larimer&Weld Canal to near the confluence of Dry Creek and the Poudre River. Sub-projects in the lower basin are currently in the final design phase. One of these sub-projects, the Irrigation Pipeline, requires the purchase of a permanent access easement and a temporary construction easement from a private property owner. Staff has initiated the negotiation and education process and is reviewing the proposed irrigation pipeline improvements with the affected property owner. However, to ensure that the City will be able to secure all of the property interests needed in time to begin construction of the project, it is necessary to initiate the first sCoemi doPinuo o i ding passage of this ordinance authorizing acquisition by em St his th ffected property owner that it is not unusual for the City to au a of e imai t the same time as negotiations are taking place and that it is thee 'on co goo faith negotiations for the property interests.