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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 01/16/2007 - FIRST READING OF ORDINANCE NO. 010, 2007, AUTHORIZ ITEM NUMBER: 18 AGENDA ITEM SUMMARY DATE: January 16, 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 Certain Flood Plain Easements Necessary To Construct 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. 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 January 16, 2007 -2- Item No. 18 Creek Subdivisions in the 100-year floodplain. The Fossil Creek Basin Stormwater Master Plan, 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. 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 an additional meeting, responding to requests for additional information, many subsequent letters, the City providing 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 Location Map 1q F 9 ........ .................................. FOSSIL CREEK RESERVOIR CIO ® Koehler Property Location N Maitland Property Location A --- -" -- FLOODPLAIN MAP E TRILBY RD ATTACHMENT 2 : �• Q r o j. �. U p 9 HI T41J To x Al _ n HZ vs 1 _ / r 41, r8ti' r ✓ sy q�t J t i o ' x w x �.y1} � �. r�� `3 sue", -•pr;� R�✓k` i4-F yh _ `rL i a pS V L. h P� CARPENTER-RD __.. ._. ® Legend 600 300 0 600 — 700-year Floodplain and Floodway Proposed 100-year Floodplain and Floodway Fee 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 incorporated herein by this reference (the "Exhibits"); and 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 16th day of January, A.D. 2007, and to be presented for final passage on the 6th day of February, A.D. 2007. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 6th 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 Larimer 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 37049'11"East a distance of 171.43 feet to point on the Southeasterly line of that parcel described as Parcel 2 at Reception Number 2 004-000 5 3 1 6 of the Clerk and Recorders Office of Larimer 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 Oa BEBi Colorado Professional Land Surveyor Registration Number 25942 �y�t•.•+•+•s,•�f For and on behalf of Stantec Consulting Ina 41 Y E •.;n1+� V:\52873flactive\187310110\survey\exhibit\EXHIBIT-A.doc Ga• p.-¢+�p�d KjVgf July 18, 2006 S 2594 �r A REPRESENTATION OF EXHIBIT A EXH Page 2 of A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 17,TOWNSHIP 8 NORTH, 2 RANGE 88 WEST OF THE STH PRINCIPAL MERIDIAN,CITY OF FORT COLLINS,COUNTY OF LARIMER,STATE OF COLORADO t0:- Nxoa SE.,nHIM Rux c.+Oi%sD�xNxiDED ern POINTOF oC) 1 RNSH mm RDD' COMMENCEMENT EXEMPnoN PLAT TRACT 1 iQ O BOOK 2057 PACE 776 ,neN 89'50'47" E Tao' 50 00' JJ 30 AC IS Unum[ASCREN _ ..... ._....______ _____ _______________ I o NiN E)BL.I 4 DIT'll P I UI�� IRAHC I rl EAST RRW T OF.1 LINE TMXRUNC ROAD(AKA OR 11) i�R11 D[CD OF MMLA..WRONG POn6 POINT OF BEGINNING N 89'56'13" E 36.03' i I p EXEMPTION PLAT TRACT 1 BOOK 2087 PAGE 776 U O I � i J I 'G ROOF FT F. k GONNA p. K)FHL FP j EXHIBIT A r 2u Mu z C ti 99J�4 111.491 S.F. v SO, 2.559 AC. S '10l' W 23.05' $ 7S 7S0 S R 9JS. i M'RD11 rIX r6�90 S'000. DEED I Berle V07>8 2j(J JQ F I 2, N 59'47'08" W Lr 60.70' �O J�j p9 O ____ _ _.___ _...__ _ 1 N 436 6.41" W m RAI U, .Y 1. 68.19' S FORT WLuxs I'MTAnCN nIT. 71 ew,.r.6e S 44'56'08" W 57.31' VNT A x."-T, iW M F(X(T 111ylN5 k SAN G,IION IASY. AR OOM1 H[ LEI+ � � Hr/�.pyp CTI ? — O.wO t"PI MATLAxO, TPUSTEES� RFC NJn13FR ]BlA C11, �`� unANDLVINC TRUST EXEMPTION PLAT KC.M. XK.O3 Hl TRACT 2 �x i BOON 2087 PAGE 7I6 �.. .._. LOT 0 MAITLAND MRD -73_58 RECEPTION TION NW NUMBER EI9030B90 IOS0 ORDERRCYR\qR M PICURKE IRRIGATOR CO, BOOK 1W10 rAOf R)D 0 200 300 400' 1'.200 O.W TZKv A REPRESENTATION OF EXHIBIT A [SHE 7310110 FORT COLLINSREEK BRESERVOp N O N CO. FOSSIL CREEK RESERVOIR VIGNIIY Oil! Fx CMYm.L0.B05R11W]TN:IW)D NBRK.LYONE (� , etO110Ei OE s R RT Y\sxnmb•u.dl6nlouo\.w.r\..wnvoua-.m6D,N.,)Kxono6e vsst w 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 6ib 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; 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 2004-0005316 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 Larimer 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 Colorado Professional Land Surveyor Registration Number 25942 0 • Y F For and on behalf of Stantec Consulting Inc. �dv�*.3� V:\52873t\active\187310110\survey\exhibit\EXHIBIT-B.doc : 252 Kjl/gf July 19, 2006 �i2:. 4 • a me 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 8TH PRINCIPAL MERIDIAN,CITY OF FORT COLLINS,COUNTY OF xW CA MC.n LARIMER,STATE OF COLORADO .oRo RNE. AR ! ]1/•'qC IX RPN(BOX ,S I0S.,DAGEO w g: POINT OF �o N� COMMENCEMENT EXEMPTION PLAT 'O ET TR4CT I O O BOOK 10B7 PACE 776 m; N 89'50'47" E sD.o 5000' -ACCESS! ---F<--- - -'- -' i I I IN I A p / NiN a0 d "ILT I Ell L UI� r'P VINO njr, Ni.1111 '1D9- )I( • 1 r)1 CAS]FORT OF 11)Y I1NF MIBPIINf ROM(MA 11) U®M O[OICAMW 91 PO]]e N 89'56'13" E 36.03' ' 2 EXEMPT'ON PLAT BOOKTRACT 2DB7 PACE ]J6 I AfLAILTP• ROLE,: I. ,y DDNNn a. FOCI+L°➢. A'UAL PnRu" RLL ! "I'll p n 'C IdIE � I i 3` —r-I Imo— So.o' q9J ME v" POINT OFRIN 570. 020 J Porn BEGINNING E` i EXHIBIT B Lr 12,384 S.F. j 0.284 AC. �i'�S 44'56'08" W ' I pL). 13,06,. 'o D,I iliy .s-xEH= 411 or'w TreT connsv' S 29'01'13" E IMIAri"'e6 olsr. 0 IS 85.75' S 44'56'08" W F2,d 57.31 Y II t?p gIA.IU WaYfIB R 5JVi1 R'fry Li4S d�.OUJ:.Ar gaLr ru N 70'36'I5" W EMPT c ILIMBER zuon-papss6 \ 37.80' --xcD' EXEMPTION PLAT DAVID&JUXTH MAnuND, �y TRACT ` TRUSTEES N 64'4 0 BOON $DBJ PRLf 776 +AIR.ND LInHG TRUST -- REC No.x000msaer 83.65' -. LOT 4 MAITLAND - MRD-5-73-BB RECEPTION NVMBER g90JD8B0 200 zoo 0 zoo' 300 400' N .w••r^"Um ODLVTZev ggEPRESENTATION OF EXHIBITS -XP T .51LBR •[ FORT COLLINSCREEK OOLORAOO 187910110 At, SPURRCARS GO 105 FOSSIL CREEK RESERVOIR VICINITY Pl.cMlm,.co eomT.nD3 0....<«o. `�° 'ali)DI u1SBx] T.L ,"iZ'X•i"1'°"� L.LVOx .....".n" �1i6 w. IrxAl wxmi ,�n o,4mc wwwYre 10i1DvaiD001.d" SUEEi p! Al PROP RT v\sxe]sl4n'"d�enlm�o\•�•r\a.NenVmlO.-.wool e.,]/xo/xooa ix,xsD w