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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/18/2001 - FIRST READING OF ORDINANCE NO. 147, 2001, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 16 DATE: September 18, 2001 FORT COLLINS CITY COUNCIL STAFF: Ron Mills Susan Hayes SUBJECT: First Reading of Ordinance No. 147, 2001, Authorizing the Acquisition by Eminent Domain Proceedings of Certain Lands for the Glenmoor Detention Pond in the Canal Importation Basin. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. FINANCIAL IMPACT: Property appraisals indicate that acquisition costs can be covered by available funds should eminent domain proceedings become necessary. These funds have been appropriated in the 2001 budget. III EXECUTIVE SUMMARY: The proposed Glenmoor Detention Pond is a component of the Canal Importation Basin Master Drainage Plan, recently adopted by City Council (Ordinance No. 121, 2001). The property lies along the Plum Channel north of West Elizabeth and just to the east of Taft Hill Road and is approximately 4.92 acres in size. This detention pond will provide needed volume to slow flood flows and protect downstream properties from flooding. Although construction of the pond is not the highest priority in the basin, the property was already in the City's land development process for approval of 40 residential units. In order to ensure the property would be available to construct the pond, the City entered into negotiations with the property owner to purchase the land. The property owner does not object to selling the property to the City, however, the City and the property owner have been unable to reach agreement on the fair market value of the property. Appraisals by both the City and the owner have been completed. Both the City and the property owner have agreed eminent domain proceedings are the next logical step to allow the court to determine fair market value. Staff recommends that Council authorize the use of eminent domain to acquire the property from Akamai Development, Inc. The property owner has been notified that the City Council will be considering this recommendation. ORDINANCE NO. 147, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS FOR THE GLENMOOR DETENTION POND IN THE CANAL IMPORTATION BASIN WHEREAS, City staff has developed an updated master drainage plan for the Canal Importation Basin, entitled the "Canal Importation Master Drainage Plan", prepared by Anderson Consulting Engineers, Inc., dated April 2001, (the 'Plan") which Plan was adopted by Council in Ordinance No. 121, 2001, and referred to in City Code Section 26-543(a)(8); and WHEREAS,the Plan identifies significant potential flooding damage in the Basin that could occur due to undersized or non-existent drainage channels, overtopping irrigation canals and detention ponds,flooding streets and intersections,and many structures in the 100-year floodplain; and WHEREAS,the improvements recommended in the Plan would provideflood protection at the 100-year level for the majority of the Basin and reduce the incidence of overtopping and flooding of major streets and irrigation canals; and WHEREAS, the proposed Glenmoor Detention Pond is a component of the Canal Importation Master Drainage Plan; and WHEREAS,it is necessary for the City to acquire certain property hereinafter described,for the purpose of constructing stormwater and other related improvements in connection with the Plan; and WHEREAS, the City has previously negotiated in good faith for the acquisition of said property from the owners thereof which negotiations have been unsuccessful; and WHEREAS, the acquisition of the property is desirable and necessary for the construction of the Detention Pond,is in the public interest and necessary for the above-described project,which will enhance the public health, safety and welfare; and WHEREAS, the acquisition of such property 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 real property described as Lot 1, Dayspring Subdivision, City of Fort Collins, County of Larimer, State of Colorado, less Glenmoor PUD, City of Fort Collins, County of Larimer, State of Colorado, and legally described on Exhibit "A", attached hereto and incorporated herein by reference, for the purpose of constructing the Detention Pond and other related improvements for the Canal Importation Basin Master Plan,in connection with the property. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the said real property for the City by eminent domain proceedings. Section 3. The City Council finds,in the event that acquisition by condemnation of the property described in this Ordinance is commenced,that immediate possession is necessary for the public health, safety and welfare. Introduced and considered favorably on first reading and ordered published this 18th day of September,A.D.2001,and to be presented for final passage on the 2nd day of October,A.D.2001. Mayor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of October, A.D. 2001. Mayor ATTEST: City Clerk SITE OF PROPOSED GLENMOOR P . U . D . ORCHARDPL LENMOORDR ❑ PROPOSED GLENMOOR P.U.D. o 0 FIEF= z I � ❑ ❑ TTTT nr W PLUM ST W ELill ZABETH ST FF1 Ff P FF I N Proposed Glenmoor P.U.D. site /� EXHIBIT"A" LEGAL DESCRIPTION A TRACT OF LAND SITUATE IN THE NW 114 OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6TH P. M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, WHICH, CONSIDERING THE WEST LINE OF SAID NW 1/4 AS BEARING S 00 DEGREES 32' 00" E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO, IS CONTAINED WITHIN THE BOUNDARY LINES WHICH BEGIN AT A POINT ON SAID WEST LINE WHICH BEARS S 00 DEGREES 32'00" E, 1636.00 FEET FROM THE NW CORNER OF SAID SECTION 15,AND RUN THENCE N 89 DEGREES 28'00" E, 50.00 FEET; THENCE ALONG THE ARC OF A 15.00 FOOT RADIUS CURVE TO THE RIGHT A DISTANCE OF 23.56 FEET, THE LONG CHORD OF WHICH BEARS N 44 DEGREES 28' 00" E, 21.21 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF GLENMOOR DRIVE;THENCE ALONG SAID SOUTH RIGHT OF WAY LINE,ALONG THE ARC OF A 267.00 FOOT RADIUS CURVE TO THE LEFT A DISTANCE OF 109.78 FEET,THE LONG CHORD OF WHICH BEARS N 77 DEGREES 41' 15" E, 109.01 FEET; AND AGAIN ALONG THE ARC OF A 213.00 FOOT RADIUS CURVE TO THE RIGHT A DISTANCE OF 89.56 FEET,THE LONG CHORD OF WHICH BEARS N 77 DEGREES 57' 15" E, 88.90 FEET; AND AGAIN N 90 DEGREES 00' 00" E, 207.57 FEET;AND AGAIN ALONG THE ARC OF A 213.00 FOOT RADIUS CURVE TO THE RIGHT A DISTANCE OF 86.08 FEET, THE LONG CHORD OF WHICH BEARS S 78 DEGREES 25'23"E 85.49 FEET TO THE NW CORNER OF GLENMOOR DRIVE PUD;THENCE ALONG THE WEST LINE OF SAID GLENMOOR DRIVE PUD,S 00 DEGREES 32'00" E,388.67 FEET TO A POINT ON THE NORTH LINE OF SOUTH TAFT HILL SUBDIVISION; THENCE ALONG SAID NORTH LINE,N 89 DEGREES 48' 20" W, 550.02 FEET TO A POINT ON THE WEST LINE OF THE NW 1/4 OF SAID SECTION 15; THENCE ALONG SAID WEST LINE,N 00 DEGREES 32'00"W,346.55 FEET TO THE POINT OF BEGINNING. (BEING A PORTION OF DAYSPRING SUBDIVISION, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO) EXCEPT THE WEST 50 FEET FOR TAFT HILL ROAD.