HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/06/2001 - FIRST READING OF ORDINANCE NO. 164, 2001, AUTHORIZ AGENDA ITEM SUMMARY ITEM NUMBER: 17
DATE: November 6,2001
FORT COLLINS CITY COUNCIL STAFF: Ron Mills
Mark Sears
SUBJECT:
First Reading of Ordinance No. 164, 2001, Authorizing the Acquisition by Eminent Domain
Proceedings of Certain Lands for a Natural Area Along Spring Creek on a Portion of Lot 1 of
Shadowbrook P.U.D.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
Over the past several years the Brookhaven Homeowner's Association has approached the City
inquiring whether the City was interested in purchasing land along Spring Creek as the creek moves
through its Planned Unit Development. In June of this year, the Association presented a formal
proposal to sell 2.484 acres of land along Spring Creek to the Natural Resources Department for
40 $10,000. Staff has reviewed and approves the proposal.
However, due to the restrictive nature of the Associations' Condominium Declaration for the
conveyance of property, the Associations' Board of Directors has requested the City acquire the
property through eminent domain. Without eminent domain, all Brookhaven Homeowners
(approximately 50 homeowners) in the Association and any lending institutions holding deeds of
trust on each condominium would need to execute the conveyance document pursuant to the Bylaws
of the Association. Staff recommends adoption of this Ordinance on First Reading to authorize the
use of eminent domain proceedings to acquire the property.
ORDINANCE NO. 164, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN
PROCEEDINGS OF CERTAIN LANDS FOR A NATURAL AREA
ALONG SPRING CREEK ON A PORTION OF LOT 1 OF SHADOWBROOK P.U.D.
WHEREAS, the City of Fort Collins desires to acquire certain real property described in
Exhibit "A", attached hereto and incorporated herein by reference (the "Property"), from the
Brookhaven Homeowner's Association(`BHOA") for a Natural Area; and
WHEREAS,the BHOA has requested that the City initiate eminent domain proceedings in
order to complete the transaction; and
WHEREAS, the acquisition of the Property is desirable and necessary for public use to
enhance 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 ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Council finds and hereby determines that it is necessary for the public
health, safety and welfare that the City acquire the Property to be used for a Natural Area.
Section 2. That the Council hereby authorizes the City Attorney and other proper officials
to acquire the said real property for the City by eminent domain proceedings.
Introduced, considered favorably on first reading and ordered published on the 6th day of
November, A.D. 2001, and to be presented for final passage on the 20th day of November, A.D.
2001.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of November,A.D. 2001.
Mayor
ATTEST:
City Clerk
EXHIBIT"A"
A tract of land located in the northeast quarter of Section 24, Township 7 North,Range 69 West of
the Sixth Principal Meridian, City of Fort Collins,Larimer County, Colorado,the said tract is also
described as all that part of Lot 1 of Shadowbrook P.U.D., a Plat of record with the Clerk and
Recorder of the said Larimer County, lying north of the southerly line of that easement recorded
October 23, 1981 in Book 2148 at Page 0344 records of the said Clerk and Recorder, being more
particularly described as follows;
Considering the east line of the said Lot 1 as bearing South 00 degrees 07 minutes 30 seconds East,
and with all bearings contained herein relative thereto; Commencing at the northeast corner of the
said Lot 1,the said northeast corner is also the TRUE POINT OF BEGINNING of this description;
THENCE along the said east line of Lot 1, South 00 degrees 07 minutes 30 seconds East for a
distance of 24.60 feet to the south line of the said easement recorded in Book 2148 at Page 0344;
THENCE leaving the said east line and along the said south line the following seven(7)courses and
distances: (1) South 69 degrees 55 minutes 08 seconds West for a distance of 201.96 feet;(2)along
a curve to the left having a radius of 67.83 feet a central angle of 40 degrees 46 minutes 41 seconds
and an arc length of 48.28 feet, being subtended by a chord of South 49 degrees 31 minutes 42
seconds West for a distance of 47.27 feet; (3) along a curve to the right having a radius of 127.50
feet a central angle of 50 degrees 57 minutes 05 seconds and an arc length of 113.38 feet, being
subtended by a chord of South 54 degrees 36 minutes 49 seconds West for a distance of 109.8 feet;
(4) South 80 degrees 05 minutes 22 seconds West for a distance of 190.96 feet; (5)along a curve to
the left having a radius of 92.50 feet a central angle of 32 degrees 57 minutes 53 seconds and an arc
length of 53.22 feet, being subtended by a chord of South 63 degrees 36 minutes 26 seconds West
for a distance of 52.49 feet;(6)South 47 degrees 07 minutes 29 seconds West for a distance of 29.57
feet; (7) along a curve to the right having a radius of 87.50 feet a central angle of 60 degrees 57
minutes 08 seconds and an arc length of 93.08 feet,being subtended by a chord of South 77 degrees
36 minutes 03 seconds West for a distance of 88.76 feet to the west line of the said Lot 1;THENCE
leaving the said south line, along the said west line of Lot 1, non-tangent from the previous curve,
North 00 degrees 07 minutes 45 seconds West for a distance of 280.16 feet to the north line of the
said Lot 1;THENCE along the said north line of Lot 1,North 89 degrees 42 minutes 30 seconds East
for a distance of 659.13 feet to the point of beginning. Containing 2.484 Acres more less.
The above described easements are subject to all easements and rights of ways now existing or of
record.
BROOKHAVEN CONDOMINIUM
ASSOCIATION PURCHASE
LOCATION MAP
C
0
N
® PROPOSED PURCHASE PROPERTY