Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/06/2007 - FIRST READING OF ORDINANCE NO. 044, 2007, AUTHORI ITEM NUMBER: 18 AGENDA ITEM SUMMARY DATE: March 6, 2007 FORT COLLINS CITY COUNCIL STAFF: Matt Baker Lindsay Kuntz SUBJECT First Reading of Ordinance No. 044, 2007, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the Street Oversizing Ziegler and Kechter Intersection 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 wholly by development impact fees through the Street Oversizing Program. If condemnation is required, funds are available in the project budget. EXECUTIVE SUMMARY Intersection improvements were constructed for Ziegler Road and Kechter Road. These improvements included the construction of a modern roundabout at the Ziegler and Kechter intersection. Because of the round configuration of the improvements and the square shape of the existing right of way,two small slivers of property are needed on the west side. One of these properties has been purchased. Over the past year, staff has been in negotiations with the other owner, Hearthside Homeowners Association of Fort Collins, Inc., and has not been successful in reaching a mutually satisfactory agreement. An eminent domain authorization is being proposed for consideration by Council if an agreement cannot be reached. BACKGROUND On the southwest corner of Ziegler and Kechter Roads is the existing development of Homestead, Phase 2, currently owned by Hearthside Homeowners Association of Fort Collins, Inc. The City requires 90 square feet of right-of-way to complete the intersection improvements,plus a temporary construction easement of 5,475 square feet to build the improvements. The right-of-way is a small March 6, 2007 -2- Item No. 18 irregular sliver used to install a wider sidewalk at the intersection. The property is a landscaped area encumbered by a drainage and utility easement, and is used for stormwater detention. Staff has met several times with the HOA since March 2006 to negotiate a mutually satisfactory agreement. The HOA signed a Possession and Use Agreement on April 10, 2006 to allow the City to proceed with the construction of the road improvements while staff continued the negotiations. A final agreement has yet to be reached, and given the time that has passed since completion of the project,staff is asking for authorization to use eminent domain for this property,if needed,to obtain the necessary property interests. Property Interest To Be Aquired From Hearthside HOA Location Map W{ J �I, W IV I I L r� KECHTER RD _ 1� KECHTER RD i i i -- W J W / N N * Property to be aquired A ORDINANCE NO. 044, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS IN CONNECTION WITH THE ZIEGLER ROAD, KECHTER ROAD INTERSECTION IMPROVEMENTS PROJECT WHEREAS, the Ziegler Road, Kechter Road Intersection Improvements Project (the "Project") was constructed during the summer of 2006; and WHEREAS, the Project included constructing a roundabout, sidewalks, center medians, and utility connections; and WHEREAS, the Project improves the current intersection and provides a safer flow of traffic; and WHEREAS, it is necessary for the City to acquire certain property rights for the Project from the Hearthside Homeowners Association of Fort Collins, Inc, (the "HOA") hereinafter described on Exhibits "A" and `B" attached hereto and incorporated herein by this reference (the "Exhibits"); and WHEREAS, the HOA signed an Agreement for Possession and Use on April 10, 2006 to allow the City to proceed with the construction of the Project while negotiations continued; and WHEREAS, the City will continue to negotiate in good faith for the acquisition of said property rights from the owners thereof; and WHEREAS, the acquisition of the property rights is desirable and necessary for the Project, is in the City's best interest and enhances 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 is necessary in the public interest to acquire the property rights described on the Exhibits for the purpose of 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. Introduced, considered favorably on first reading, and ordered published this 6th day of March, A.D. 2007, and to be presented for final passage on the 20th day of March, A.D. 2007. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 20th day of March, A.D. 2007. Mayor ATTEST: City Clerk Exhibit"A" Page I of 3 DESCRIPTION OF A TRACT OF LAND LOCATED ON THE HEARTHSIDE HOMEOWNERS ASSOCIATION OF FORT COLLINS, INC. PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Tract of land located in the Northeast quarter of Section 8, Township 6 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said tract is also located in Outlot A of the plat of Homestead P.U.D. 2"d Filing P.L.D. And P.D. , a plat of record with the Clerk and Recorder of Larimer County, being more particularly described as follows; Considering the east line of the said northeast quarter of Section 8 as bearing South 00 degrees 16 minutes 36 seconds West between a Aluminum Cap Monument, PLS 22098 at the north east corner and a Aluminum Cap Monument, PLS 33642 at the north sixteenth corner of Section 8, based upon GPS observation and City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said northeast corner of Section 8; THENCE along the east line of the said northeast quarter of Section 8, South 00 degrees 16 minutes 36 seconds West for a distance of 50 . 00 feet to the easterly extension of the south right of way of Kechter Road as shown on the said plat of Homestead P.U.D. 2id Filing P.L.D. And P.D. ; THENCE along the said extended line, South 89 degrees 30 minutes 22 seconds West for a distance of 57 .20 feet to the said south right of way of Kechter Road and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE along the said south right of way, South 89 degrees 30 minutes 22 seconds West for a distance of 2 .96 feet; THENCE leaving the said right of way, along a non-tangent curve to the right having a radius of 86 .17 feet a central angle of 16 degrees 31 minutes 15 seconds and an arc length of 24 .85 feet, being subtended by a chord of South 46 degrees 53 minutes 46 seconds East for a distance of 24 .76 feet to the west right of way of Ziegler Road as dedicated on the said plat of Homestead P.U.D. 24a Filing P.L.D. And P.D. ; THENCE along the said west right of way, non-tangent from the previous curve, North 00 degrees 16 minutes 36 seconds East for a distance of 1. 87 feet; THENCE continuing along the said right of way, along a curve to the left having a radius of 15.00 feet a central angle of 90 degrees 44 minutes 56 seconds and an arc length of 23 . 76 feet, being subtended by a chord of North 45 degrees O5 minutes 24 seconds West for a distance of 21 .35 feet to the point of beginning. Containing 90 square feet more or less. Exhibit"A" Page 2 of 3 The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 EXHIBIT "A" Page 3 of 3 LOCATION SKETCH HEARTHSIDE HOMEOWNERS ASSOCIATION OF FORT COLLINS, INC. KECHTER ROAD TRACT TO BE \�` I DEDICATED TO CITY I NE CORNER 90 SQ.FT. J I 8-6-68 L3 N L5 -----L2----+ ci I rn - - .d. EXISTING GRADING � DRAINAGE ESMT. L7 I I a EXISTING US WEST I N NTS EASEMENT z z p � U. JANUARY 31, 2006 OS N001, ZOO _1 = IN 1 �rom TEMPORARY L9 CONSTRUCTION O I 5475 SQ.FT. I Q 0 i Course Bearing Distonce L11 Lt S 00'16'36" W MOW Li L2 S 89'30'22" W 57.20' L3 S 69'30'22" W 2.96' L4 N 00'16'36" E 1.87' LLB L5 S 89'30'22" W 97.58' N L8 S 00'29'50" E 25.00, L7 N 89'30'22" E 85.40' LB S 00116'36" W 77.34' L9 S 89'43'36" E 20.00' L10 S 00'16'36" W 40.00' L11 S 89'43'36" E 10.00' L12 N 00'16'36" E 125.67' Curve Radius Length Delta Ct 86.17' 24.85' 16'31'15" C2 15.00, 23.76' 90'44'56" THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY, REPRESENTAND DO NOT K:\SURVEY\PROJ\505\K&Z\K&ZROW.DWC YDNUTAENTED BOUNDARY SURVEY. Exhibit G°B" Page I of 3 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE HEARTHS IDE HOMEOWNERS ASSOCIATION OF FORT COLLINS, INC. PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Temporary Construction Easement located in the Northeast quarter of Section 8, Township 6 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easement is also located in Outlot A of the plat of Homestead P.U.D. 2nd Filing P .L.D. And P.D. , a plat of record with the Clerk and Recorder of Larimer County, being more particularly described as follows; Considering the east line of the said northeast quarter of Section 8 as bearing South 00 degrees 16 minutes 36 seconds West between a Aluminum Cap Monument, PLS 22098 at the north east corner and a Aluminum Cap Monument, PLS 33642 at the north sixteenth corner of Section 8, based upon GPS observation and City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said northeast corner of Section 8; THENCE along the east line of the said northeast quarter of Section 8, South 00 degrees 16 minutes 36 seconds West for a distance of 50 .00 feet to the easterly extension of the south right of way of Kechter Road as shown on the said plat of Homestead P.U.D. 2nd Filing P.L.D. And P.D. ; THENCE along the said extended line, and along the said south right of way, South 89 degrees 30 minutes 22 seconds West for a distance of 60 .17 feet to the westerly line of the proposed tract of land to be dedicated to the said City and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE continuing along the said south right of way, South 89 degrees 30 minutes 22 seconds West for a distance of 97 .58 feet; THENCE leaving the said south right of way, South 00 degrees 29 minutes 50 seconds East for a distance of 25 .00 feet; THENCE North 89 degrees 30 minutes 22 seconds East for a distance of 85 .40 feet; THENCE South 00 degrees 16 minutes 36 seconds West for a distance of 77 .34 feet; THENCE South 89 degrees 43 minutes 36 seconds East for a distance of 20 .00 feet; THENCE South 00 degrees 16 minutes 36 seconds West for a distance of 40.00 feet; THENCE South 89 degrees 43 minutes 36 seconds East for a distance of 10 .00 feet to the west right of way of Ziegler Road as dedicated on the said plat of Homestead P.U.D. 2" Filing P.L.D. And P.D. ; THENCE along the said west right of way, North 00 degrees 16 minutes 36 seconds East for a distance of 125 . 67 feet to the said Exhibit°B" Page 2 of 3 westerly line of the proposed tract to be dedicated to the City; THENCE along the said proposed westerly line, along a non-tangent curve to the left having a radius of 86 . 17 feet a central angle of 16 degrees 31 minutes 15 seconds and an arc length of 24 . 85 feet, being subtended by a chord of North 46 degrees 53 minutes 46 seconds West for a distance of 24 .76 feet to the point of beginning. Containing 5475 square feet more or less . The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 EXHIBIT "B" Page 3 of 3 LOCATION SKETCH HEARTHSIDE HOMEOWNERS ASSOCIATION OF FORT COLLINS, INC. KECHTER ROAD TRACT TO BE �� DEDICATED TO CITY I NE CORNER 90 SO.FT. I 8-6-68 L3 L5 --- L2 ----� N Ci rn — EXISTING GRADING DRAINAGE ESMT. L7 I I a _ u EXISTING US WEST � NTS EASEMENT Z rDOo DO JANUARY 31, 2006 �jUOf I N I z m"' .o TEMPORARY L9 I CONSR EST MYTTION 5475 SOFT, I QO � I i Course Bearing Distance Ll l Ll S 00,16,35" W 50.00' Ljj LZ S 89'30'22" W 57.20' L3 S 8W30'22" W 2.96' L4 N 00'l6'36" E 1.87' w 15 S 89'30'22" W 97.58' N LB S 00'29'50" E 25.00' L7 N 89.30'22" E 85.40' LB S 00'16'36" W 77.34' L9 S 89.43'36" E 20.00, L10 5 DO'16'36' W 40,00' 111 S 89'43'35" E 10.00' L12 N DO'l6'36" E 125.67' Curve Radius Length Delta Cl 86.17' 24.85' 16'31'15" C2 15.00, 23.76' 90'44'56" THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY, AND DO NOT REPRESENT A K:\SURVEY\PRW\SO5\K&Z\KCZR0WDWG MONUMEMED BOUNDARY SURVEY.