HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 07/06/2010 - FIRST READING OF ORDINANCE NO. 086, 2010, AUTHORIZ DATE: July 6, 2010AGENDA ITEM SUMMARY
STAFF: Patrick Rowe, Helen Matson _
T COLLINS CITY COUNCIL
Steve McQuilken
First Reading of Ordinance No. 086, 2010, Authorizing the Acquisition by Eminent Domain Proceedings of Certain
Lands Necessary to Construct Public Improvements Related to the Mason Corridor Bus Rapid Transit Project, Phase
III-A.
EXECUTIVE SUMMARY
The Mason Express("MAX"),Bus Rapid Transit Project is presently in the right-of-way acquisition phase of the project.
Phase III-A is required to proceed with a small acquisition necessary for the planned South Transit Center facility.
Phases I, II, and III were adopted by City Council last year, and acquisitions are underway on these phases.
As a federally funded transportation project, acquisitions will conform to the provisions of the Uniform Relocation
Assistance and Real Property Acquisitions Policies Act of 1970,as amended(Public Law 91-646). In accordance with
this act, property owners must be informed about the possible use of eminent domain and their rights pursuant to
Colorado State Statutes in the official Notice-of-Interest Letter. This letter is the first official step in the acquisition
phase and must occur in advance of the appraisals. Authorization from City Council is needed prior to sending this
letter to property owners. The recommended construction schedule and use of federal funds requires the timely
acquisition of the necessary property interests. City staff requests authorization to utilize eminent domain for the MAX
Project, if necessary, and only if good faith negotiations break down.
BACKGROUND/ DISCUSSION
The Mason Corridor Bus Rapid Transit Project, branded Mason Express or"MAX", is a five mile, north-south byway
that extends from the Downtown Transit Center on the north to the planned South Transit Center, south of Harmony
Road. MAX will link major destinations and activity centers along the City's primary transportation and commercial
corridor including, Old Town, Colorado State University, Foothills Mall, and South College retail areas. In addition to
greatly enhancing the City's north-south transportation movement, MAX will be a significant catalyst for economic
growth as a short-term stimulus and a long-term develop ment/re-development driver. The City is targeting a Winter
2012 operation date for the corridor.
The project is predominately located within the outside twenty-five feet of the east half of the Burlington Northern Santa
Fe Railway (the "BSNF") property. However, overall project right-of-way will consist of a combination of property
owned by the BNSF, Colorado State University, private land owners, several ditch companies, and the City. The,
project will involve property acquisition from forty-two distinct property owners. Each acquisition is unique, but the
typical acquisition need for the Project can be characterized as a five-foot permanent easement and a twenty-foot
temporary construction easement along the rear of properties adjacent to the Project. Fee simple ownership is also
needed in a number of locations to accommodate stations and other ancillary project improvements. City staff has
taken great effort to minimize impacts to property owners, and will continue to do so as the project progresses.
To accommodate workflow and timing,and to progress with those properties that are prepared for acquisition, Project
staff has broken the properties into a number of acquisition phases. Phase III-A is a newly created phase which is
necessary to proceed with a small acquisition required for the planned South Transit Center facility. This phase
consists of two properties, one located south of Harmony directly adjacent to the proposed South Transit Center,and
one located north of Prospect Road along the Mason Corridor alignment (see attached location map). This phase
includes fewer properties than desired, but one of these acquisitions is critical for the South Transit Center facility
planned for construction Winter 2010/Spring 2011. The remaining ten property ownerships will come later as separate
agenda items (likely in two additional phases).
City staff had initial communications with all the property owners along the corridor, in addition to hosting a number
of public forums on various aspects of the project. Staff also had property specific communications with the two
ownerships in this phase. Furthermore, both Phase III-A ownerships have been notified by certified mail, of staffs
July 6 2010 -2- ITEM 19
intention to request authorization,to use eminent domain, if necessary, to acquire project property interests. In all
communications, staff strongly emphasizes the City's desire to cooperatively work towards achieving a voluntary
agreement.
To ensure the integrity of the project schedule, maintain certain project efficiencies, and remain a viable Federal
Transit Administration funded project, it is critical that the City have the ability to acquire the property interests in a
timely manner. Since this is a federally funded project, City Council must authorize eminent domain (only to be used
if necessary) before appraisals and negotiations can take place.
Staff has a high degree of respect and understanding for the sensitivity of the acquisition process and commits to
utilizing eminent domain only if absolutely necessary, and only if good faith negotiations are not successful.
FINANCIAL/ ECONOMIC IMPACTS
Property acquisition costs will be covered by available project funds, whether or not eminent domain is required.
ENVIRONMENTAL IMPACTS
Due to federal funding requirements (under the National Environmental Policy Act), the City has prepared an
environmental assessment to analyze the project's social, economic, and environmental impacts. This report is
available from the Engineering Department.
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STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
PUBLIC OUTREACH
Staff had specific in-person communications regarding the project and the acquisition process. Furthermore, both
Phase III-A ownerships have been notified by certified mail of staff's intention to request authorization to use eminent
domain, if necessary, to acquire project property interests.
ATTACHMENTS
1. Location map
ATTACHMENT 1
Attachment 1
Mason Corridor Phase 111 -A
Acquisition Location Map
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® Acquisition Location A
ORDINANCE NO. 086, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS
OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS
RELATED TO THE MASON CORRIDOR BUS RAPID TRANSIT PROJECT, PHASE III-A
WHEREAS,the Mason Corridor Bus Rapid Transit Project(the"Project")is scheduled for
construction in 2011; and
WHEREAS,the Project involves the construction of a five mile, north-south byway which
extends from Cherry Street on the north to a point south of Harmony Road(the site of the new South
Transit Center); and
WHEREAS, the Project will include a 24-foot wide traffic lane for buses with concrete
paving, retaining walls, curb and gutter, and drainage and utility improvements; and
WHEREAS,the Project will greatly enhance north-south transportation through the City and
is expected to serve as a catalyst for economic growth and long-term development; and
WHEREAS, it is necessary for the City to acquire certain property rights (the"Properties")
hereinafter described on Exhibits"A"through`B",attached hereto and incorporated herein by this
reference (the "Exhibits"), for the purpose of constructing the Project; and
WHEREAS, the City will continue to negotiate in good faith for the acquisition of the
Properties from the landowners; and
WHEREAS,the acquisition of the Properties is desirable and necessary for the construction
of the Project, is in the City's best interest and enhances public health, safety, and welfare; and
WHEREAS,the acquisition of the Properties may,by law,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 Properties described on the Exhibits for the purpose of the Mason
Corridor Bus Rapid Transit 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 Cityby eminent domain.
Section 3. The City Council finds, in the event that acquisition by eminent domain is
commenced, that immediate possession is necessary for the public health, safety and welfare.
Introduced,considered favorably on first reading,and ordered published this 6th day of July,
A.D. 2010, and to be presented for final passage on the 20th day of July, A.D. 2010.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 20th day of July, A.D. 2010.
Mayor
ATTEST:
City Clerk
Exhibit "A" Page 1 of 3
DESCRIPTION OF THE UNDERHILL PROPERTY TO BE DEEDED TO THE CITY OF
FORT COLLINS
A tract of land located in the northeast quarter of Section 2,
Township 6 North Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the said tract is
also that certain tract of land as described in a Larimer County
Boundary Line Adjustment Agreement, Underhill Property, recorded
June 11, 1997 at reception No. 97036595 records of the Clerk and
Recorder of the said Larimer County, being more particularly
described as follows;
Considering the east line of the said northeast quarter of Section
2 as bearing South 00 degrees 55 minutes 05 seconds West between a
3" Brass Cap Monument at the northeast corner and a 2 . 5" Aluminum
Cap Monument at the east quarter corner of Section 2, based upon
G. P. S. observations and the City of Fort Collins coordinate system,
and with all bearings contained herein relative thereto;
Commencing at the northeast corner of the said Section 2;
THENCE along the east line of the said northeast quarter of
Section 2 , South 00 degrees 55 minutes 05 seconds West - for a
distance of 1953. 53 feet;
THENCE leaving the said east line, South 88 degrees 07 minutes
05 seconds West for a distance of 48 . 10 feet to a point on the
westerly right of way of College Avenue;
THENCE along the said right of way, South 01 degrees 00
minutes 05 seconds West for a distance of 122 . 54 feet to the north
east corner of the plat of Weberg P.U. D. a plat of record with the
said Clerk and Recorder;
THENCE along the north line of the said Weberg P.U. D. , North
88 degrees 36 minutes 55 seconds West for distance of 667 . 00 feet
to the northwest corner of the said plat and to the TRUE POINT OF
BEGINNING of this description;
THENCE along the westerly extension of the said north line of
the Weberg P. U. D. , North 88 degrees 36 minutes 55 seconds West for
a distance of 245. 63 feet (previously recorded as 246. 47 feet) to
the easterly right of way of the BNSF Railway;
THENCE along the said easterly right of way, North 01 degrees
03 minutes 52 seconds East for a distance of 30 . 00 feet;
THENCE leaving the said right of way, South 88 degrees 36
minutes 55 seconds East for a distance of 245 . 80 feet (previously
recorded as 246. 66 feet) ;
THENCE South 0,1 degrees 23 minutes 05 seconds West for a
distance of 30 . 00 feet to the point of beginning. Containing 7, 371
. square feet more or less.
: The above described tract is subject to all easements and rights of
ways now existing or of record.
Exhibit "A" Page 2 of 3
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
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Exhibit "B" Page 1 of 3
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENTS TO BE ACQUIRED
FROM W. J. VANSANT
A Temporary Construction Easement located in_ Section 14 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 Lot 16 Block 1 of the G. F. Wiard' s Addition to the City
of Fort Collins, 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 southeast quarter of the said
Section 14 as bearing North 89 degrees 21 minutes 45 seconds West
between a 3" Aluminum Cap Monument at the southeast corner and a
2 . 5" Aluminum Cap Monument at the south quarter corner of Section
14, based upon G. P. S. observations and the City of Fort Collins
coordinate system, and with all bearings contained herein relative
thereto;
Commencing at the southeast corner of the said Section 14;
THENCE along the south line of the southeast quarter of the
said Section 14, North 89 degrees 21 minutes 45 seconds West for a
distance of 522 . 91 feet to the east right of way of the BNSF
Railway;
THENCE along the said east right of way, North 00 degrees 11
minutes 19 seconds East for a distance of 129. 18 feet to the
southwest corner of Lot 15 Block 1 of the G. F. Wiard' s Addition to
the City of Fort Collins;
THENCE along the south line of the said Lot 15 Block 1, South
89 degrees 27 minutes 02 seconds East for a distance of 47 . 82 feet
to the southwest corner of the said Lot 16 Block 1 G. F. Wiard' s
Addition to the City of Fort Collins, and to the TRUE POINT OF
BEGINNING of this description;
THENCE along the south line of the said Lot 16 Block 1, South
89 degrees 27 minutes 02 seconds East for a distance of 50 . 00 feet
to the southeast corner of the said Lot 16 Block 1;
THENCE along .the east line of the said Lot 16 Block 1, North
00 degrees 12 minutes 59 seconds East for a distance of 243. 36
feet;
THENCE leaving the said east line, North 89 degrees 29 minutes
08 seconds West for a distance of 50. 00 feet to the west line of
the said Lot 16 Block- 1;
THENCE along the said west line, South 00 degrees 12 minutes
59 seconds West for a distance of 243. 33 feet to the said southwest
corner of Lot 16 Block 1 and to the point of beginning. Containing
12, 167 square feet (0.279 acres) more or less .
The above described easement is subject to all easements and rights
Exhibit "B" Page 2 of 3
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 . 17,497
P.O. BOX 580 FORT COLLINS, CO 80522
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LOCATION SKETCH
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