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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/06/2007 - FIRST READING OF ORDINANCE NO. 010, 2007, AUTHORIZ ITEM NUMBER: 26 AGENDA ITEM SUMMARY DATE: February 6, 2007 FORT COLLINS CITY COUNCIL STAFF: Jay Rose Pat Hyland SUBJECT First Reading of Ordinance No. 010, 2007, Authorizing Acquisition By Eminent Domain Proceedings of Flood Plain Easements for the Fossil Creek Drainage Project. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT The acquisition costs will be covered by the project budget, even if condemnation is required. The project is funded by Stormwater Utility Fees through the Stormwater Capital Improvement Program. If condemnation is required, funds are available in the project budget. EXECUTIVE SUMMARY The present City 100-year floodplain boundary near Trilby Road and the Union Pacific Railroad right-of-way encompasses 105 homes presently constructed in the Paragon Point and Stanton Creek subdivisions. All 105 of these homes will be removed from the 100-year floodplain by the construction of two(2) 120-inch diameter culverts through the Union Pacific Railroad embankment on Fossil Creek, just south of Trilby Road. In addition, the risk of a catastrophic failure of the railroad embankment and resulting damage to homes downstream will be reduced. The collateral effect of these new culverts through the railroad embankment will cause an increased 100-year floodplain impact to two (2) landowners downstream of those new culverts. City staff has conducted several meetings and communications with the landowners and will continue these efforts into the future in order to obtain a settlement by mutual agreement. An eminent domain authorization is proposed for consideration by the Council in case no agreement can be reached regarding the acquisition of these two (2) 100-year flood plain easements from the landowners. BACKGROUND In the aftermath of the 1997 flood,the City of Fort Collins adopted a new and expanded floodplain along Fossil Creek. This new floodplain was based on updated rainfall data in the Fort Collins area and represents the most accurate estimate of potential flooding based on accepted Civil Engineering practices.The new floodplain had the result of placing 105 homes in the Paragon Point and Stanton Creek Subdivisions in the 100-year floodplain. The Fossil Creek Basin Stormwater Master Plan, February 6, 2007 -2. Item No. 26 adopted by Fort Collins City Council in 2004,recommended the construction of two new 120-inch diameter culverts through the Union Pacific Railroad embankment on Fossil Creek south of Trilby Road. The single existing culvert through the railroad embankment does not have the capacity to pass the peak flow from a 100 year storm,and without additional capacity,severe flooding of homes can be expected in Paragon Point and Stanton Creek Subdivisions by water backing up behind the railroad embankment. Another risk is the catastrophic failure of the railroad embankment that would damage and flood homes and property downstream. The two new proposed culverts will allow a higher rate of flow through the railroad embankment and reduce the level of flooding upstream of the railroad embankment. Construction of the two Master Planned 120-inch culverts will remove all 105 homes from the 100 year floodplain. In addition, the new culverts will be constructed five feet above the existing creek bed and will only activate during large flood events. This will result in no year in, year out impact to the wetlands and natural environment along the creek. Due to the increased rate of floodwater flow through the railroad embankment during a 100-year storm,the project will result in some increases in the 100-year floodplain downstream of the railroad embankment. As a result of the proposed flood prevention project, two private properties east of Timberline Road and adjacent to Fossil Creek Reservoir will have an increased 100-year floodplain. The increase in the 100-year floodplain on one property is 2.559 acres and on the other property 0.284 acres. Neither property has any development on the proposed floodplain easements. Both landowners were approached by staff in August 2006 to discuss the flooding issues, the impacts on their property, and floodplain easement issues. Since that time communication has continued with the landowners,including additional meetings,responding to requests for additional information, many subsequent letters, the City providing a survey on their properties showing the proposed easements, and numerous telephone conversations. Independent appraisals for the floodplain easements were completed and offers were made based on the appraisals. To date, no agreement has been reached with either landowner in the resolution of this floodplain easement issue. Staff is asking for authorization to use eminent domain to acquire the two 100-year floodplain easements if further good faith negotiations with the land owners fail. Staff would always prefer to negotiate a mutual settlement and agreement for the acquisition of these easements and will continue to work towards that end. Construction of the new proposed culverts through the Union Pacific Railroad Embankment will result in a very significant reduction in the threat to flooding of homes along Fossil Creek and therefore, staff recommends adoption of the Ordinance on the First Reading. ATTACHMENTS 1. Location Map. 2. Floodplain Map (present and after construction). ATTACHMENT 1 Fossil Creek Drainage Project - Floodplain Map a y w z � J w Q m Q ~ l� C 105 Homes Removed from Floodplain I Proposed Tunnels in Railroad Embankment E TRILBY RD < ' A f Location of Easements Needed m' Wt C� Legend N —Pre-project 100-year Flo d n Post-Project 10o-year Flootlplain City of Fort Collins Easements Needed ATTACHMENT 2 Jer /. !1 l t YR FAm FOSSIL CREEK RE NATURAL AR�Q; iL 11 « s � 4. J, vi N 100-year Floodplain and Floodway Proposed 100-year Floodplain and Floodway 1`\V ORDINANCE NO. 010, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN FLOOD PLAIN EASEMENTS NECESSARY TO CONSTRUCT THE FOSSIL CREEK DRAINAGE PROJECT WHEREAS, construction of the Fossil Creek Drainage Project(the"Project")is scheduled to start in the early part of 2007; and WHEREAS, the Project includes constructing two large culverts under the Union Pacific Railroad right-of-way embankment south of Trilby Road during the driest season of the year; and WHEREAS, the Project will result in boundary changes of the 100-year flood plain so that more than one hundred(100) homes will be removed from that 100-year flood plain; and WHEREAS, the Project construction requires that the City acquire certain flood plain easements (the "Property Rights"), described on Exhibit"A" and Exhibit`B" attached hereto and „ . 'n this reference the Exhibits and incorporated herein by ( ), WHEREAS,the City will negotiate in good faith with the owners for the acquisition of the Property Rights; 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 will enhance the public health, 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 the Exhibits 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 the Property Rights for the City by eminent domain. Section 3. That the City Council hereby finds that, in the event acquisition of the Property Rights by eminent domain is commenced,immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 6th day of February, A.D. 2007, and to be presented for final passage on the 20th day of February,A.D. 2007. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 20th day of February, A.D. 2007. Mayor ATTEST: City Clerk EXHIBIT "A" Page 1 of 2 EXHIBIT A DESCRIPTION A tract of land located in the West Half of Section 17,Township 6 North,Range 68 West of the 6°i Principal Meridian,City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows: Considering the West line of the Northwest Quarter of said Section 17, as bearing South 00°02'50"East, and with all bearings herein relative thereto: Commencing at the Northwest Corner of said Section 17; Thence along said West line of the Northwest Quarter South 00°02'50"East a distance of 1320 feet to the North line of Tract 1 as shown on the Exemption Plat recorded at Book 2087 Page 776 of the Clerk and Recorders Office of Latimer County; Thence departing said West line North 89°50'47"East a distance of 50.0 feet to a point on the East Right of Way line for Timberline Road (aka County Road 11)as shown by an attached Deed of Dedication for said Exemption Plat recorded at Book 2087 Page 776; Thence along said East Right of Way line South 00°02'50"East a distance of 452.55 feet to the POINT OF BEGINNING; Thence North 89°56'13" East a distance of 36.03 feet; Thence South 48°40'56" East a distance of 250.0 feet; Thence South 32°43'12"East a distance of 347.0 feet; Thence South 49°35'10"East a distance of 450.0 feet; Thence South 37'49'11"East a distance of 171.43 feet to point on the Southeasterly line of that parcel described as Parcel 2 at Reception Number 2004-0005316 of the Clerk and Recorders Office of Latimer County; Thence along said Southeasterly parcel line South 44°56'08"West a distance of 57.31 feet, Thence departing said parcel line North 43°56'41" West a distance of 68.19 feet; Thence North 33°57'47"West a distance of 200.6 feet; Thence North 59°47'08"West a distance of 60.7 feet; Thence North 48°24'12"West a distance of 240.1 feet; Thence North 59°25'21"West a distance of 152.5 feet; Thence North 49°42'16"West a distance of 184.5 feet; Thence North 84°32'31" West a distance of 132.5 feet; Thence North 89°57'10" West a distance of 23.05 feet to the aforementioned East Right of Way line for Timberline Road(aka County Road 11), Thence along said East Right of Way line North 00°02'50"West a distance of 309.79 feet to the POINT OF BEGINNING. The above described parcel contains 2.559 acres, more or less,and is subject to all easements and rights of way of record or exisiting. Gary Faselt Colorado Professional Land Surveyor Registration Number 25942 p�+,�g�p€•8•��`l For and on behalf of Stantec Consulting Inc. Off3 FgSF� V:\52873flactive\I87310110\survey\exhibit\EXHIBIT-A.doc G• '7?p gip. KjVgf July 18, 2006 g 25 . • r % A REPRESENTATION OF EXHIBIT A Page 2 of 2 A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 17,TOWNSHIP S NORTH, RANGE 68 WEST OF THE STH PRINCIPAL MERIDIAN,CITY OF FORT COLLINS,COUNTY OF LARIMER,STATE OF COLORADO KM Ga.G.IN III Q,!w neeM ' Ao'Ij:l��u'w IN .x`oO oar POINT OF N D IS 1.1 PA. ENEM1710N PLAT o ro, COMMENCEMENT TRACT 1 BOON I06] PACE J]6 001 ' N 89'50'47" E wa 50 00' 1.M—ACCASS trLLLTY E.Y - __ _.—_..... ._...._ ._.... FT N�0 i 1 N�11 i119I Y )•'nln [ II fH VI 111. rlo BP EAST PIRIT OF PAT LINK MIAMI CA DINT PN SKIRT vona .............• BEGINNING N 89'55'13" E 36.03' '.. 9R ENEMP TION PLAT RpLi 1 s, BOOK 2087 PACE U O I b i v I � I Y RU FRT i, k BOHWV P. K05NIfR IA L EXHIBIT A FIT al uu F,)0I 10Lu1B ti s lS 111.491 S.F. 9?pSO, 2.559 AC. SI89'S7'10" IN 2iS, 1 23.05' ,S?SOF S 49. �rl f 50.0 tiY 2R 4�SS70 IM • SO'I FOR (4. Q ppm.i PIT nax 1p9' 70 1 e¢9eJ Pone l2, j N 59'47'08" W `r 60.70' �"sy O j . . � G'un ._ ____ _____ _ N4}5641 WLM 68.19' 'MHT FO IRT esNnl MLINS III nW 3S1. m„a P.m 5 44.56.06 W 57.31' IHIo rA :Nn ';au!«FGRI lltil I., �� noRGUT. r 1)1M1 Hf I[R `��.�� BLI N AR.fI AVQ N NpM N.ILAAp niU51EE5� LE[ NUMBER jOG4 '1511P NMRANp LYING tPUS I EXEMPTION PLAT ACC.N0.]OpW]dall �- l TRACT 2 BOOK 2087 PAGE ]]6 � LOT 6 MAITLANO MRO PTICI U RECEPTION NUMBER CREEKn[YpwR � 890]0880 MSNL G ro.a MON SM PA MRI70 CO. ewK Zero vpGL np 0 200' 300' 400' 1:200 "�"vr 0.LOi2tY F REPRESENTATION OF EXHIBIT N 187310110 �ry iyli. m r .6LpR •.ww„I - FORTCOLLINSCOLORAOO !y�,yjs.A MY BouN rMlanm ]U2jHLERPREMPERTY FOSSIL CREEK RESERVOIR VICINITY 'I:"" FL CdWa.CO 80621- oau.c w. TaaY]a1 e]M— Sa T7TN K.,YOu .nr xw wN F,w."1o]al'pe2t%e amMX:mn SHEET OF V\flllN\oel",\Ielf�O��n\Yrvn\nniM\IG�td-nW]Tp"9 J/ip/1IX4 1'5]51 AN EXHIBIT "B" Page 1 of 2 EXHIBIT B DESCRIPTION: A tract of land located in the West Half of Section 17,Township 6 North,Range 68 West of the 6"Principal Meridian,City of Fort Collins, County of Latimer, State of Colorado,being more particularly described as follows: Considering the West line of the Northwest Quarter of said Section 17, as beating South 00°02'50"East, and with all bearings herein relative thereto: Commencing at the Northwest Corner of said Section 17; Thence along said West line of the Northwest Quarter South 00°02'50"East a distance of 1320 feet to the North line of Tract 1 as shown on the Exemption Plat recorded at Book 2087 Page 776 of the Clerk and Recorders Office of Latimer County; Thence departing said West line North 89°50'47"East a distance of 50.0 feet to a point on the East Right of Way line for Timberline Road(aka County Road 11)as shown by an attached Deed of Dedication for said Exemption Plat recorded at Book 2087 Page 776; Thence along said East Right of Way line South 00°02'50"East a distance of 452.55 feet; Thence North 89'56'13"East a distance of 36.03 feet; Thence South 48°40'56"East a distance of 250.0 feet; Thence South 32°43'12"East a distance of 347.0 feet; Thence South 49°35'10"East a distance of 450.0 feet; "Thence South 37'49'11"East a distance of 171.43 feet to a point on the Southeasterly line of that parcel described as Parcel 2 at Reception Number 2004-00 05 3 1 6 of the Clerk and Recorders Office of Larimer County also being the Westerly line for Lot 4 Maitland MRD No. S-73-88 at Reception Number 89030880 of the Clerk and Recorders Office of Latimer County to the POINT OF BEGINNING; Thence South 29°01'13" East a distance of 85.75 feet; Thence South 42°20'44"East a distance of 234.87 feet; Thence North 64°45'05"West a distance of 83.65 feet; Thence North 70*36'15"West a distance of 37.80 feet; Thence North 38°54'42" West a distance of 205.32 feet to the aforementioned Westerly line of Lot 4 Maitland MRD No. S-73-88 at Reception Number 89030880; Thence along said Westerly line North 44°56'08" East a distance of 57.31 feet to the POINT OF BEGINNING. The above described parcel contains 0.284 acres,more or less, and is subject to all easements and rights of way of record or existing. Gary Faselt rtrFOP! pEColorado Professional Land Surveyor Registration Number 25942tiFor and on behalf of Stantec Consulting Inc. rl�:p�n V:\52873f\active\187310110\survey\exhibit\EXHIBIT-B.doc 25942 KjUgf July 19,2006 EXHIBIT"B' A REPRESENTATION OF EXHIBIT B Page 2 of 2 A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 17,TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,CITY OF FORT COLLINS,COUNTY OF A.L I•i N LARIMER,STATE OF COLORADO .Pw NAwo NORM, JI/.'AC1. RMry SDY LS IM{]ON1ED .2 ',u o'� POINT OF to C COMMENCEMENT EXEMPTION PLAT TRACT 1 p LIT BOON 20B7 PAGE 776 m, N 89'50'47" E JOP 50 00, W CCESS k_UTLir_F_SE E i r I I I t N A C) I NIo � I i rvl� _RI RI r a nova, K;f �_+ Flo al MBLNZM'l RI LAST MW]Oi wAv LINE mIMAUHF p D(m OE`J L)(gEX DLLAnpl 92d1 Pone N 89'56'13" E 36.03' EXEMPTION PLAT TRACT 1 ,.Tor BOOK 2087 1 7i6 OO I I I I I f rP p<�Bta1 r. I:;?vmn P voF ieN ,Lk MA ILC. NJMCER 29114-90S.5'.E Ol "A'I i I ' I II oEEOKOWar rcN POINT OF S70• 82MoP F xxro BEGINNING EXHIBIT B s 12,384 S.F. It,0.284 AC. �i''9 S 44'56b8" W pL?•' 13.06'. .__._ _ _ ENT m0�q O`Ner IMI � � s TCfi1 c�MNs S 29'01'13" E snxnAmN Lls. S N11'A P"'6 S 44'56'0B" W u 85.75' R I I 57.31' SW n1 TOa�r,iu IONS N 70'36'15n W IT "MA R;a wMBul c,Ill LLnsslc A y 37.80' II N EXEMPT PUT ` jpusDiL[s 10.1.uAJTIANC. i BOOK 2087 PAGE 776 RA41 No MwNc TXUST N 64 4 0 EC N0.200034 67 LOT A MAI TLpNO HBO-8-73-B8 RECEPTION NUMBER eSC30B80 zoo 0 200 300' 400' 1.200 A REPRESENTATION OF EXHIBIT S 187310110 ORE COLLINS�OFAMCXO NYSPUN M 4KN FOSSIL CREEK RESERVOIR VICINITY o.u.c �.11v un.s LdN Cc 306]1.XN AX FL vi Tw:ISl01 ASb6DY! �,uy��}JpG�14:wn X.'VON rnr.,w..n �I wNww1,7.1 b3� Trt wAR ,Z TT..��N��R�.nYAm„ "� 10110VaR0001 Qxp TLAFI pR Rry SHEET OF v\spO31\.uu.UenlDUD\.wr\..NnaVmlD.-..cool ep]/ro/wo6 125k3D PN