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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 06/15/2010 - FIRST READING OF ORDINANCE NO. 076, 2010, AUTHORIZ DATE: June 15, 2010 A _ STAFF: Janet McTague, Helen Matson _ Lindsay Kuntz First Reading of Ordinance No. 076, 2010, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Rangeview Adult Community Utility Improvements Project. EXECUTIVE SUMMARY The City Utilities Department has planned a project to install-new utility improvements along West Harmony Road on a property owned by Rangeview Adult Community Condominium Association (the "Association"). The new utility improvements will include the installation of two utility switches to improve safety and system reliability. The City will construct the improvements this summer. The Project requires the acquisition of a utility easement from the Association. Due to the restrictive bylaws of the Association,the Association and the City have agreed to use eminent domain procedures to accomplish this acquisition. BACKGROUND / DISCUSSION The City Utilities Department began a program to replace 36 below-grade oil switches with above grade air and gas switches by year-end 2011, due to safety and reliability concerns. The replacement of the switch at Rangeview Adult Community is a part of this program. The easement location was selected due to ease of access and close proximity to existing electrical facilities. City staff contacted the Association to advise it of the desire to purchase a utility easement to install the planned improvements and the Association agreed to the conveyance. Due to the restrictive nature of the Association's Condominium Declaration for the conveyance of property, the Association and the City agreed that a "friendly' condemnation action by the City,be invoked to accomplish the easement conveyance. The City has used this procedure several times in the past when faced with this dilemma. Therefore, staff recommends that Council adopt this Ordinance to authorize the use of eminent domain proceedings to acquire the property. Once City staff obtains Council authorization to use eminent domain procedures to complete the transaction, the City and the Association's attorney will file the appropriate documents with the court for the possession of the easement area to be granted to the City. FINANCIAL/ ECONOMIC IMPACTS The total project is anticipated to cost$81,170, including design, construction, acquisition and landscape mitigation. The City will cover the property acquisition costs with available project funds. The installation of above-grade switches is a long-term solution to safety and reliability concerns of below-grade oil switches. ENVIRONMENTAL IMPACTS In consideration of environmental impacts, the City has committed to the placement of trees and shrubbery around the switch locations. The location of the trees and shrubs will be coordinated with property managers and nearby property owners. In addition, the City has agreed to utilize the landscaping contractor currently employed by the property manager to repair any damage done to lawn or sprinkler systems as a result of the City work. June 15, 2010 -2- ITEM 18 STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. PUBLIC OUTREACH City staff has been corresponding with the Association and their attorney since late summer of 2009. The easement has also been discussed at previous meetings of the Association's Board and at a site visit with the property manager and property owners living adjacent to the switch locations. Information about the planned improvements and the proposed acquisition procedures have been sent to all members of the Association. City staff has not received any correspondence regarding any issues with the proposal. The City notified the Association and its attorney by certified mail of this request to Council for authorization of eminent domain prior to First Reading of this Ordinance. ATTACHMENTS 1. Location map ATTACHMENT I Attachment 1 Rangeview Utility Easement Improvements Location Map � r ,5 O -5 -0 -O C d �j a3i Z' U1 3 C7 RS 0 O U Owl) McDonald's IY RD N: Co O � U Old 'Nal-Mart w (closed) ¢ w N Utility Easement Location ORDINANCE NO. 076, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY FOR THE RANGEVIEW ADULT COMMUNITY UTILITY IMPROVEMENTS PROJECT WHEREAS,the City desires to acquire certain real property rights described in Exhibit"A", attached hereto and incorporated herein by reference (the "Property"), from the Rangeview Adult Community Condominium Association (the "Association") to install utility improvements (the "Improvements"); and WHEREAS, the Association concurs with City staffs recommendation to use eminent domain to complete the acquisition of the Property; and WHEREAS, the acquisition of the Property is desirable and necessary for the construction of the Improvements, is in the City's best interest and enhances public health, safety, and welfare; and WHEREAS,the acquisition of the Property may be accomplished through 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 Exhibit "A" attached hereto and incorporated herein by this reference, for the purpose of constructing the Improvements. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire these property rights for the City by eminent domain. Section 3. The City Council finds, in the event that acquisition 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 15th day of June, A.D. 2010, and to be presented for final passage on the 6th day of July, A.D. 2010. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 6th day of July, A.D. 2010. Mayor ATTEST: City Clerk i Exhibit"A" Page 1 of 2 i DESCRIPTION OF A UTILITY EASEMENT LOCATED ON THE RANGEVIEW ADULT COMMUNITY ASSOCIATION PROPERTY TO BE DEDICATED TO .THE CITY OF FORT COLLINS A Utility Easement located in the Southeast quarter of Section 35, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easement is also located in the Plat of Rangeview P.U. D. , a plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the south line of the said southeast quarter of Section 35 as bearing North 89 degrees 54 minutes 45 seconds West between a 3" alum. cap monument, PLS 17662 at the southeast corner of the said Section 35 and a 3" alum. cap monument, PLS 5028 at the south quarter corner of the said Section 35, based upon the City of Fort Collins coordinate base and G.P.S. observation; Commencing at the said southeast corner of Section 35; THENCE along the south line of the said southeast quarter, North 89 degrees 54 minutes 45 seconds West for a distance of 1251 .28 feet to a point on the southerly extension of the east line of said Rangeview P.U. D. ; THENCE along the southerly extension of the said east line, North 00 degrees 05 minutes 15 seconds East for a distance of 50. 00 feet to the southeast corner of said Rangeview P.U.D. , and a point on the north right of way of Harmony Road; THENCE along said right of way line, North 89 degrees 54 minutes 45 seconds West for a distance of 12 .00 feet to the east line of the proposed Utility Easement to be granted to the said City of Fort Collins and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE leaving the said right of way line, North 01 degrees 04 minutes 41 seconds East for a distance of 24. 00 feet; THENCE North 89 degrees 54 minutes 45 seconds West for a distance of 30 . 00 feet; THENCE South 01 degrees 04 minutes 41 seconds West for a distance of 24. 00 feet to the said north right of way of Harmony Road; THENCE along the said right of way line, South 89 degrees 54 minutes 45 seconds East for a distance of 30 . 00 feet to the point of beginning. Containing 720 square feet more less. The above described easement 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 cotrect tb the best of my prof089i(5AA1 XffdwlL5dge; belief Arid opinion. p`��►►Uuuurrppir/ WALLACE C. MUSCOTT COLORADO P.L.S. 17497 GC �F'�Il�///i, P.O. BOX 580 FORT COLLINS, CO 80522 ,.PE°isrFR�o•:��'�% ` 179��_ i Exhibit"A" Page 2of2 LOCATION SKETCH RANGEVIEW ADULT COMMUNITY ASSOCIATION 40 p L5 J EXISTING 10' UTILITY ESM'T L3 L7 PROPOSED UTILITY ESM'T. 720 SOFT. (U EXISTING 50' ROW J W, HARMONY RD. SE CORNER 35-7-69 L1 NORTH LINE OF NE 1/4 (BASIS OF BEARINGS) Course Bearing Distance Ll N 89'54'45' W 1251.28' 1-2 N 00.05'15' E 50,00, L3 N 89'54'45' W 12,00' N 1-4 N 01'04'41' E 24.00' L5 N 89'54'45' W 30,00' L6 S 01'04'41' W 24.00' L7 S 89.54'45' E 30.00, THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED NTS PROPERTY DESCRIPTION ONLY, AND 00 NOT REPRESENT A MAY 20, 2010 MONUMENTED BOUNDARY SURVEY. K\SURVEY\PRDJ\CAPITAL\HARMONY