HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/03/2006 - FIRST READING OF ORDINANCE NO. 005, 2006, AUTHORIZ ITEM NUMBER: 16
AGENDA ITEM SUMMARY DATE: January 3, 2006
FORT COLLINS CITY COUNCIL STAFF: Dan Mattson/Dean
Saye/Helen Matson
SUBJECT
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 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
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 standard City acquisition process:
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 negotiate in good faith to reach a mutually acceptable agreement.
5. Staff will inform the owners that they always have the right to consult with
their own appraiser and/or attorney at any time in 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. The original master plan was completed in 1980. In 2002, Fort
Collins Utilities mapped a revised floodplain and floodway for portions of the basin as part of a
comprehensive update of the City's stormwater master plan. The floodplain and floodway map
reflect the higher rainfall standard adopted by City Council 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 step of the eminent domain process,including passage of this ordinance
authorizing acquisition by eminent domain. Staff has advised the affected property owner that it is
not unusual for the City to authorize the use of eminent domain at the same time as negotiations are
taking place and that it is the City's intention to continue good faith negotiations for the property
interests.
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.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 17th day of January, A.D. 2006.
Mayor
ATTEST:
City Clerk
Sumac Consulting Inc EXHIBIT"A"
209 South Meldrum Street
Fort Collins CO$0521-2603 PAGE 1 OF 2
Tel:(970)482-5922 Fax:(970)482.6368
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Rat tec
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 6t r 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
Comer by a 3 'h"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 N12°55'22"E, 504.43 feet; Thence
N10041'45"W, 407.52 feet; Thence N20°02'37"E, 638.28 feet; Thence N06140'00"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) SOl'24'25"E,253.28 feet;3)
S68°01'55"E, 10.01 feet;Thence S20104'08"W, 654.82 feet;Thence S10'40'03"E,
407.15 feet; Thence S 12°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.
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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 61h 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
Comer by a 3 ''/a"aluminum cap stamped S23,S24,S25,S26 LS5020 1989 with a line
between assumed to bear South 89020'55"East with all bearings herein contained
relative thereto.
COMMENCING at the Southwest Comer 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 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
N12055'22"E, 500.60 feet; Thence N10°41'45"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 Nl 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
S71'I0'25"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
SI2°55'22"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 t t�Z8857 0 ;-
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A STRIP OF LAND BEING A PORTION OF LOT 3 HULTGREN M.R.D.LOCATED IN SECTION
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209 South Meldrom street
Fort Collins CO 80521-2603
Tel:(970)482.5922 Fax:(970)482-6368
stanbec.com
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 61h 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
Comer by a 3 ''/2"aluminum cap stamped S23,S24,S25,S26 L85020 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 S89o20'55"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°l I'l0"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 SOO100'0011E, 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. RrSre(r�yr)r������',
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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 6'h 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
Corner 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,
2375.01' 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 S89120'55"E, 10.00 feet along
said North Right-of-Way line; Thence N00°00'00"E, 112.41 feet; Thence N12°55'22"E,
506.35 feet; Thence NI0°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 N68129'56"W, 126.81 feet; Thence N10°43'35"W, 129.25 feet;
Thence S76°30'46"W, 308.81 feet to the TRUE POINT OF BEGINNING;
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