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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 11/19/2002 - FIRST READING OF ORDINANCE NO. 179, 2002, AUTHORI AGENDA ITEM SUMMARY ITEM NUMBER: 21 DATE: November 19, 2002 FORT C LLINS CITY COUNCIL ID STAFF: Link Mueller SUBJECT: First Reading of Ordinance No. 179, 2002, Authorizing Acquisition by Eminent Domain Proceedings oi Certain Easements Necessary for the Construction of the Sheldon Lake Drainage Improvements RECOMMENDATIO : Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: The City is seeking to acquire easements from a property to construct a Canal Importation Master Drainage Plan capital project. Market appraisals have been completed and sufficient funds have been appropriated and budgeted. EXECUTIVE SUMMARY: The construct on of the Sheldon Lake Drainage Improvement project is currently scheduled to start in December 2002 and completed in early summer 2003. The proposed capital improvements include the construction of approximately 1,700 linear feet of large box culvert, 1,630 linear feet of storm sewer, expansion of Sheldon Lake, creation of a stormwater detention facility on the City Park Nine Golf Course, and the installation of flow control structures on two irrigation ditclies. Construction of the proposed improvements will require the acquisition of a permanent utility easement and a temporary construction easement from one property owner and temporary construction easements from nine other property owners. Staff has initiated the easement acquisition process—discussing the project with the property owners, preparing market analyses and negotiating for the required easements. Staff will continue good faith negotiations; however, to ensure that the City will be able to secure the easements in time to begin construction of the project, it is necessary to initiate the first step of the eminent domain process, passage of this ordinance authorizing acquisition by eminent domain. Staff has con acted the affected property owners and informed them that City Council is being asked to approve the Ordinance on November 19, 2002. November 19, DATE: ITEM NUMBER: BACKGROUND: The current Canal Importation Master Plan, adopted by Council on September 1, 2001, was completed in April 2001. During the Stormwater project prioritization process completed in March 2002, the Sheldon Lake Drainage Improvements Project was ranked as the highest priority storm drainage project in the City. This project will provide major drainage improvements along the West Mulberry corridor and the Oak/Mountain neighborhood areas. Funding for this project was appropriated through the Bond Issue adopted on February 1, 2002. The project is currently in the final design phase. With the exception of needing a permanent easement and a temporary construction easement from one property owner, the proposed improvements can be constructed within the existing street right-of-way. Nine other temporary construction easements are also being sought to facilitate the construction. Staff has begun the easement acquisition process, reviewing the proposed improvements with the affected property owners, preparing market analyses for the easements, and negotiating for the required easements. Although staff is continuing to negotiate with the affected property owners, it is possible the permanent easement will have to be acquired by eminent domain. Based on the anticipated start date for construction and the amount of time required for eminent domain proceedings, it is necessary to take the first step in the eminent domain process. Staff has advised the affected property owners that it is not unusual for the City to authorize the use of eminent domain while negotiations continue. The property owners have been assured that it is the City's intention to continue good faith negotiations for the easements. At this time, a permanent and a temporary easement must be acquired from the following property owner: Thomas C. Lloyd 1820 West Mulberry Street Staff recommends that Council authorize the use of eminent domain to acquire these easements from this property owner. The property owner has been notified that the City Council will be considering this recommendation. ORDINANCE NO. 179, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN EASEMENTS NECESSARY FOR THE CONSTRUCTION OF THE SHELDON LAKE DRAINAGE IMPROVEMENTS WHEREAS, on September 1, 2001, the City Council adopted the Canal Importation Master Drainage Plan, which would provide storm drainage protection within the Canal Importation area; and WHEREAS, included among the capital projects in the Old Town Basin Master Drainage Plan was the Sheldon Lake Drainage Improvements, which is a project that will provide major drainage improvements for the West Mulberry corridor and the Oak/Mountain neighborhood areas; and WHEREAS, on February 1, 2002, City Council approved the sale of bonds providing funding for the proposed improvements; and WHEREAS, it is necessary for the City to acquire certain easements hereinafter described for the purpose of construction of stormwater improvements, and related improvements, in connection with the Sheldon Lake Drainage Improvements Project; and . WHEREAS, the City has previously negotiated in good faith for the acquisition of said easements, which negotiations to date have been unsuccessful; and WHEREAS, the acquisition of the easements is desirable and necessary for the construction of the improvements, is in the public interest and enhances the public health, safety and welfare; and WHEREAS, the acquisition of such easements may, by law, be accomplished though proceedings of 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 easements described on attached Exhibit "A", pages 1 through 4, which is incorporated herein by this reference, (the "Easements), for the purpose of constructing, operating, and maintaining stormwater and wastewater improvements, and related improvements, across the above described properties. 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 of the Easement is necessary for the public health, safety, and welfare. Introduced, considered favorably on first reading, and ordered published this 19th day of November, A.D. 2002, and to be presented for final passage on the 17th day of December, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 17th day of December, A.D. 2002. Mayor ATTEST: City Clerk EXHIBIT "A" REPRESENTATION OF EXHIBIT PUE 1 A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO WEST QUARTER CORNER SEC. 10, T. 7 N-, R. 69 W. \ \ \ SCALE 1"=30' \\ OCT. 9, 2002 \\ THOMAS LLOYD \ v N 00'50'31" E 1820 MULBERRY \\ 27.40' BOOK 2286 PAGE 2039 \ S 61'09'45" E � o o CENTERLINE 83.93' L� vt I DRAINPIPE \ O N Z c Z m J v P.O.B. N 89.09'29" W 62.11' a N 13'54'06" W w a I 9 82' S N 74'24'52" W 9.82' \ QQ " N 00'50'31" E-/ RECEPTION NO- ^h' 0 43.00' 90032738 MULBERRY STREET S 8909'29 E SOUTH LINE OF THE SW 1/4 SEC. 10 1353' +/- N W P.O.C. > SOUTHWEST CORNER j SEC. 10, T. 7 N., R. 69 W. ---------------- W!1'IVOM QID01 ,CQ,pYpv,Y,Q, SHEL w,20-21 w.caw.w �,�• SHELDON LAKE DRAINAGE IMPROVEMENTS 020-213 "•� %�,' ''z'',a N-LANG SEAR-BROWN CITY OF FORT COLLINS v,...w COLORADO - w.zm„e ^ _ 1 of 4 209 Sau . 8 m �wy mover� (9 0)482 Co.CD.8052t-2603 R PERI(NS F=(9 0)482- zrtua rSET �a�•ie„ •` w zra, Faz:(970)48'<<-8388 REPRESEMATION OF EXHIBIT PUEi m'Swv�a 1'vg0' q/q/ wnw.asaMaxn.wm' EXHIBIT "A" Page 2 of 4 DESCRIPTION: A tract of land located in the Southwest Quarter o_-Sectior, 1G. Township - -North. Range 69 West of the 6th Principal Meridian in the City of Fort Collins, County of Larimer, State of Colorado and being more particularly described as follows: Considering the west line of said Southwest Quarter as bearing North 00°43'41" East and with all bearings contained herein relative thereto; Commencing at the southwest corner of said Section 10; thence along the south line of said Southwest Quarter, South 89°09'29"East 1353 feet, more or less to the southwest comer of that parcel of land conveyed by the deed recorded at Book 2286, Page 2039 (henceforth to be referred to as the first parcel);thence along the west line of said first parcel North 00°50'31"East 43.00 feet to the northwest corner of a second parcel of land conveyed by the deed recorded at Reception Number 9003 273 8 and the POINT OF BEGINNING;thence continuing along said west line,North 00050'11" East 27.40 feet; thence South 61°09'45"East 83.93 feet to the northerly line of said second parcel; thence along said northerly line by the following three (3)bearings and distances: (1)North 89°09'29"West 62.11 feet; (2) thence North 74°24152" West 9.82 feet; (3)thence North 13°54'06"West 9.82 feet to the POINT OF BEGINNING. The above-described tract of land contains 1,430 square feet,more or less and is subject to all existing easements and rights of way of record or in place. L:\SURVEY\EXHIBITS\020-213\eh-020-213-PUE-l.doc 10/10/2002 arp EXHIBIT "A" REPRESENTATION OF EXHIBIT TOE 3 A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION . 10, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO WEST OUARTER CORNER SEC. 10, T. 7 N., R. 69 W. THOMAS LLOYD -,� 1820 MULBERRY ` .� BOOK 2286 PAGE 2039 in S nto 9 w SCALE 1"=30' OCT. 11, 2002 'O tn o P ;. o c Z I W Z :` �i 6 & a* . N m n /\/ P.O.B. : ,s o m � o o CENTERLINE J `\ I to O NIZ DRAINPIPEun r p,_ 3 a wa• h N 'y ° 67b � n o 3 w rn 0 IN 89 09 29 s C) \ 25.89' N - z RECEPTION NO. \\ 90032738 _ _ _ ! MULBERRY STREET S 8909'29".E SOUTH LINE OF THE SW 1/4 SEC, 10 1353' +/- N m x P.O.C. W SOUTHWEST CORNER j SEC. 10. T. 7 N., R. 69 W. N J CO�v. wIYC.pp,LLV„pn{, r02O-213 R PERKWS SHELDON LAKE DRAINAGE IMPROVEMENTS ". M.LpNG SEAR•BROWN CITY OF FORT COLLINS COLORADOc un 209 SwN Mdd.m 3 of 4 •�•' FL Cd .CO.W0 1-2603 irtLKVOY..,I:R.PERKNS g]0)462-6922 Faclslo)ag2-6368 REPRESENTATION OF EXHIBIT TCE 3 iTS:♦".s �=Kq' K8N0 .wwaearbmwamm EXHIBIT "A° Page 4 of 4 DESCRIPTION: A tract of land located in the Southwest Quarter of Section 10. Township 7 North, Range 69 West of the 6th Principal Meridian in the City of Eon Collins, County of Larimer, State of Colorado and being more particularly described as follows: Considering the west line of said Southwest Quarter as bearing North 00°43'41" East and with all bearings contained herein relative thereto; Commencing at the southwest comer of said Section 10; thence along the south line of said Southwest Quarter, South 89009'29" East 1353 feet, more or less to the southwest comer of that parcel of land described at Book 2286, Page 2039 (henceforth to be referred to as the fast parcel);thence along the west line of said first parcel North 00050'31" East 70.40 feet to the POINT OF BEGINNING; thence continuing along said west line,North 00°50'31"East 67.95 feet; thence South 61°09'44"East 111.25 feet to the east line of said first parcel;thence along said east line, South 00°50'31" West 54.19 feet to the northeast comer of a second parcel conveyed by the deed recorded at Reception Number 90032738; thence along the north line of said second parcel,North 89°09'29"West 25.89 feet;thence North 61°09'44" West 83.93 feet to the POINT OF BEGINNING. The above-described tract of land contains 6,617 square feet or 0.152 acre,more or less and is subject to all existing easements and rights of way of record or in place. L:\SURVEY\EXHIBITS\020-213\eh-020-213-A4.doc 10/10/2002 arp Sheldon Lake Drainage Improvement Project Site Map CITY PARK NINE GOLF COURSE 1 q r G i o Lloyd Property ❑ W, STCOTCR�M1TW'ATER _, SH + W MULBERRY 'I 00 uL I