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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/20/2007 - SECOND READING OF ORDINANCE NO. 044, 2007, AUTHOR ITEM NUMBER: 14 AGENDA ITEM SUMMARY DATE: March 20, 2007 FORT COLLINS CITY COUNCIL STAFF: Matt Baker Lindsay Kuntz SUBJECT Second 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 Second Reading. EXECUTIVE SUMMARY Intersection improvements were constructed for Ziegler Road and Kechter Road. These improvements included the construction of a modem 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 owner of the other property, Hearthside Homeowners Association of Fort Collins, Inc. (the "HOA'). The HOA Board has accepted,in principle,the City's offer to purchase the necessary interests for the project for the sum of$1,000. Under the Bylaws of the Association,however, 80%of all homeowners in the HOA and 67%of all lending institutions holding deeds of trusts would need to execute the conveyance document. Given the expense and time required to obtain the necessary document,the HOA Board has requested that the City proceed with a "friendly" condemnation to complete the transaction. As requested, City staff is seeking authorization to use eminent domain proceedings to move forward with the acquisition of the property through the condemnation process. This Ordinance, unanimously adopted on First Reading on March 6, 2007, authorizes eminent domain proceedings. ATTACHMENTS 1. Copy of the First Reading Agenda Item Summary- March 6, 2007. ATTACHMENT 1 ITEM NUMBER: 18 AGENDA ITEM SUMMARY DATE: March 6, 2007 FORT COLLINS r?lLp-VFF: 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 Is I The acquisition costs will be cover by the rojec udget, 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 propert are needed on the west side. One of these properties has been purchased. Over the past ye to ee 'n g 'a s th the other owner, Hearthside Homeowners Association of F Colli Inc., d of b successful in reaching a mutually satisfactory agreement. An a ent in a o ation is ing 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 March 6, 2007 -2- Item No. 18 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 irregular sliver used to install a wider sidewalk at the intersection. The property is a landscaped area encumbered by a drainage and tgyas water detention. Staff has met several times w the sinotiate a mutually satisfactory agreement. The HOA signed a sion )J?y ril 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. COPY 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 Board 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 eity wmitt continve to negotiate in good ffifth f6r the acquisition of said F`F�ILY tights from the owners OA Board has accepted, in principle, the City ' s offer to purchase the necessary interests ; and WHEREAS , the HOA Bylaws require that 80% of all homeowners in the HOA and 67% of all lending institutions holding deeds of trust execute the conveyance documents, and obtaining those documents will be an expensive and lengthy process, and WHEREAS , accordingly, the HOA Board has requested that the City initiate an eminent domain action in order to complete the transaction, since the eminent domain process will be more cost effective and timely; 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