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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/01/2003 - FIRST READING OF ORDINANCE NO. 055, 2003, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 17 DATE: April 1, 2003 FORT COLLINS CITY COUNCIL Ralph Campano STAFF: Dean Klinger SUBJECT: First Reading of Ordinance No. 055, 2003, Authorizing Acquisition by Eminent Domain Proceedings of Certain Lands Necessary for the Construction of Public Improvements in Connection with the North College Improvements Project. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: Property acquisition costs will be covered by available funds. EXECUTIVE SUMMARY: The North College Improvements Project includes the addition of.sidewalks, off-street bike lanes, a trail connection, access improvements, center medians, curb and gutter, drainage improvements, signal improvements, lighting improvements and roadway construction on North College Avenue from Jefferson to approximately 300 feet north of Burlington Northern Railroad crossing. Ordinance No. 027, 2003 authorized the use of eminent domain to acquire certain lands for the construction of the public improvements. This Ordinance amends the legal description of specific property interests to be acquired from Earnest T. Garner and Marilyn S. Garner. BACKGROUND: As the final design was completed for this project, the City's surveyors identified a small parcel of land that is necessary for the project and is located on property owned by the Garners. This parcel of land was not described in Ordinance No. 027, 2003. This Ordinance authorizes the acquisition by eminent domain of the Garner property, including the additional parcel of land. The City continues to negotiate in good faith to reach a mutually acceptable agreement with the Garners for the Rurchasetee for construction of the nroject. • ORDINANCE NO. 055, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONNECTION WITH THE NORTH COLLEGE IMPROVEMENTS PROJECT WHEREAS, the North College Improvements Project (the "Project") is scheduled to start in the summer of 2003; and WHEREAS, the Project includes the addition of sidewalks, bike lanes, access and drainage improvements and roadway construction on North College Avenue; and WHEREAS, it is necessary for the City to acquire certain property (the "Property") described on Exhibit "A", attached hereto and incorporated herein by this reference, for the purpose of constructing street, drainage and other related improvements in connection with the Project; and WHEREAS, the City will negotiate in good faith for the acquisition of said Property from the owners thereof; and WHEREAS, the acquisition of the Property is desirable and necessary for the construction of the Project, is in the City's best interest and enhances the public health, safety and welfare; and WHEREAS, the acquisition of the Property may, by law, be accomplished through proceedings in eminent domain. NOW, THEREFORE, BE IT RESOLVED 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 for the purpose of constructing the Project and other related improvements. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property for the City by eminent domain proceedings. Section 3. The City Council finds, in the event that acquisition by condemnation of any parcel described in this Ordinance is commenced, that immediate possession is necessary for the public health, safety and welfare. • Introduced, considered favorably on first reading, and ordered published this 1st day of April, A.D. 2003, and to be presented for final passage on the 15th day of April, A.D. 2003. Mayor ATTEST: City Clerk Passed and adopted on final reading this 15th day of April, A.D. 2003. Mayor ATTEST: City Clerk EXHIBIT "A" Page 1 of 6 DESCRIPTION OF PARCEL NO. 4 PROJECT NO. STA 0142-039, THE GARNER TRACT A tract of land being Parcel No. 4 Of the Department of Transportation, State of Colorado, Project No. STA 0142-039, located in the Northwest quarter of Section 12, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said tract is also located in that certain tract of land described in a Warranty Deed recorded December 8, 1983 in Book 2249 at Page 0969 records of the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the west line of the said northwest quarter of Section 12 as bearing North 00 degrees 23 minutes 57 seconds East between a found 3" brass cap monument at the west quarter corner of the said Section 12 and a found 3 1/4" brass cap monument, at the northwest corner of the said Section 12, based upon G.P.S . observation; Commencing at the said northwest corner of Section 12 ; THENCE along the west line of the said northwest quarter, South 00 degrees 23 minutes 57 seconds West for a distance of 1245 . 53 feet; THENCE South 89 degrees 36 minutes 03 seconds East for a distance of 40 . 00 feet to the northwest corner of the said tract described in Book 2249 at Page 0969 and to the TRUE POINT OF BEGINNING of this description; . THENCE along the north line of the said tract described in Book 2249 at Page 0969, South 89 degrees 36 minutes 03 seconds East for a distance of 2 . 06 feet; THENCE leaving the said north line, South 05 degrees 44 minutes 55 seconds West for a distance of 22 . 11 feet to the west line of the said tract described in Book 2249 at Page 0969; THENCE along the said west line, North 00 degrees 23 minutes 57 seconds East for a distance of 22 . 01 feet to the point of beginning. Containing 23 square feet more 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. WALLACE C. MUSCOTT COLORADO P.L. S . 17497 P.O. BOX 580 FORT COLLINS, CO 80522 EXHIBIT "A" Page 2 of 6 DESCRIPTION OF PARCEL NO. 4A PROJECT NO. STA 0142-039, THE GARNER QUIT CLAIM DEED A tract of land being Parcel No. 4A Of the Department of Transportation, State of Colorado, Project No. STA 0142-039, located in the Northwest quarter of Section 12, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said tract is also located north of that certain tract of land described in a Warranty Deed recorded December 8, 1983 in Book 2249 at Page 0969 records of the Clerk and Recorder of the said Larimer County, and south of that certain tract of land described in a Quit Claim Deed recorded February 24, 1994 at Reception No. 94017011 being more particularly described as follows; Considering the west line of the said northwest quarter of Section 12 as bearing North 00 degrees 23 minutes 57 seconds East between a found 3" brass cap monument at the west quarter corner of the said Section 12 and a found 3 1/411 brass cap monument, at the northwest corner of the said Section 12, based upon G. P.S . observation; Commencing at the said northwest corner of Section 12 ; THENCE along the west line of the said northwest quarter, South 00 degrees 23 minutes 57 seconds West for a distance of 1245 . 53 feet; THENCE South 89 degrees 36 minutes 03 seconds East for a distance of 40 . 00 feet to the northwest corner of the said tract described in Book 2249 at Page 0969 and to the TRUE POINT OF BEGINNING of this description; THENCE along the north line of the said tract described in Book 2249 at Page 0969, South 89 degrees 36 minutes 03 seconds East for a distance of 2 . 06 feet; THENCE leaving the said north line, North 05 degrees 44 minutes 55 seconds East for a distance of 0 . 88 feet to the south line of the said tract described at Reception No. 94017011; THENCE along the said south line, North 89 degrees 36 minutes 03 seconds West for a distance of 2 . 14 feet to the west line of the tract described at Reception No. 94017011; THENCE along the existing right of way of North College Avenue, South 00 degrees 23 minutes 57 seconds West for a distance of 0 . 88 feet to the point of beginning. Containing 2 square feet more 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. WALLACE C. MUSCOTT COLORADO P.L.S . 17497 P.O. BOX 580 FORT COLLINS, CO 80522 EXHIBIT "A" Page 3 of 6 • DESCRIPTION OF PARCEL NO' s . TE4 AND TE4A PROJECT NO. STA 0142-039, THE GARNER TEMPORARY CONSTRUCTION EASEMENTS Two Temporary Construction Easements being Parcel No' s . TE4 and TE4A Of the Department of Transportation, State of Colorado, Project No. STA 0142-039, located in the Northwest quarter of Section 12 , Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easements are also located in that certain tract of land described in a Warranty Deed recorded December 8, 1983 in Book 2249 at Page 0969 records of the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the west line of the said northwest quarter of Section 12 as bearing North 00 degrees 23 minutes 57 seconds East between a found 3" brass cap monument at the west quarter corner of the said Section 12 and a found 3 1/4" brass cap monument, at the northwest corner of the said Section 12, based upon G. P..S . observation; Commencing at the said northwest corner of Section 12 ; THENCE along the west line of the said northwest quarter, South 00 degrees 23 minutes 57 seconds West for a distance of 1245 . 53 feet; THENCE South 89 degrees 36 minutes 03 seconds East for a distance of 40 . 00 feet to the northwest corner of the said tract described in Book 2249 at Page 0969; . THENCE along the north line of the said tract described in Book 2249 at Page 0969, South 89 degrees 36 minutes 03 seconds East for a distance of 2 . 06 feet to the east line of the proposed tract of land to be acquired by the said City and to TRUE POINT OF BEGINNING of this description; THENCE continuing along the north line, South 89 degrees 36 minutes 03 seconds East for a distance of 0 . 33 feet; THENCE leaving the said north line, South 00 degrees 16 minutes 49 seconds East for a distance of 101 . 54 feet; THENCE North 89 degrees 57 minutes 52 seconds East for a distance of 33 . 16 feet; THENCE South 00 degrees 25 minutes 16 seconds East for a distance of 58 . 89 feet to the south line of the said tract described in Book 2249 at Page 0969; THENCE along the said south line, North 89 degrees 36 minutes 03 seconds West for a distance of 48 . 60 feet to the west line of the said tract; THENCE along the said west line, North 06 degrees 40 minutes 36 seconds East for a distance of 100 . 60 feet; THENCE continuing along the said west line, North 00 degrees 23 minutes 57 seconds East for a distance of 38 . 15 feet to the said east line of the proposed tract of land to be acquired by the City; THENCE along the said proposed east line, North 05 degrees 44 minutes 55 seconds East for a distance of 22 . 11 feet to the point of beginning. Containing 3015 square feet more less . • TOGETHER WITH; PAGE 1 OF 2 EXHIBIT "A" Page 4 of 6 With the above described basis of bearings; Commencing at the said northwest corner of Section 12 ; THENCE along the west line of the said northwest quarter, South 00 degrees 23 minutes 57 seconds West for a distance of 1245 . 53 feet; THENCE South 89 degrees 36 minutes 03 seconds East for a distance of 40 . 00 feet to the northwest corner of the said tract described in Book 2249 at Page 0969; THENCE along the west line of the said tract, South 00 degrees 23 minutes 57 seconds West for a distance of 60 . 16 feet; THENCE continuing along the said west line, South 06 degrees 40 minutes 36 seconds West for a distance of 100 . 60 feet to the south line of the said tract; THENCE along the said south line, South 89 degrees 36 minutes 03 seconds East for a distance of 171. 00 feet to the east line of the said tract; THENCE along the said east line, North 00 degrees 23 minutes 57 seconds East for a distance of 42 .66 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said east line, North 00 degrees 23 minutes 57 seconds East for a distance of 41 .69 feet; THENCE leaving the said east line, North 89 degrees 36 minutes 03 seconds West for a distance of 35 . 00 feet; THENCE South 00 degrees 23 minutes 57 seconds West for a distance of 41 . 69 feet; THENCE South 89 degrees 36 minutes 03 seconds East for a distance of 35 . 00 feet to the point of beginning. Containing 1459 square feet more 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. WALLACE C. MUSCOTT COLORADO P.L.S . 17497 P.O. BOX 580 FORT COLLINS, CO 80522 PAGE 2 OF 2 EXHIBIT "A" -- - - - -- —Eage--5-nf. 6 — - S LOCATION SKETCH NW CORNER GARNER TRACT N 12-7-69 a N 3 z z of o�m M NTS W I Lo ,- z o v FEBRUARY 21 , 2003 J I N N 04 N La 3 3 u� po N O 0 N p^) M S89'36'03"E No 40.00' N00'23'57"E�'/ 22.01' N05 44•55"E " TA w 22.1� 23 S .FT. 1Md / W 'Non o BUILDING / 0 0 W z J LLJ w ', 0e N89'36'03"W O 3�--5 00-� UW o i 3 / w N N89'57'52"E ,i �(n Q p „33.16' i N� / N o / 0 O 0 W V7 z ' W z o / / mEASE MENTT S89'36'03"E w icn j Lo N 00 1459 SO.FT. 35.00' _ o o Lo Ln N m i Z 10 O cli TEMP. CONST. n EASEMENT 3015 SO FT. N89'36'03"W z N89'36'03"W 122.40' 48.60' THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY. AND DO NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. U:\57WPROJ\WALL NCOLLEGE\GARNER.DWG EXHIBIT "A" ------- — -- -- -- ---- Page 6--Of 6 LOCATION SKETCH GARNER TRACT QUIT CLAIM DEED T4"'NW CORNER 12-7-69 LLJ Lq L J Ln J W N 0 I U z W WEST LINE OF NW 1/4 = Q 12-7-69 (BASIS OF BEARINGS) Ln r7 0 QUIT CLAIM cV z DEED AREA 2 SO.FT. p SOUTH LINE OF (f) © _/ MCBRIDE TRACT S89'36'03"E ?-- NORTH LINE OF GARNER TRACT O S89'36'03"E 2.06' BUILDING © N05'44'55"E 0.88' N ©N89-36'03"W 2.14' ® S00'23'57"W 0.88, NTS JANUARY 27, 2003 THIS SKETCH ANO THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY, AND DO NOT REPRESENT A _ MONUMENTED BOUNDARY SURVEY. U:\S7WPROJ\WALLY\NCOLLEGE\MCBRIDE.DWG._