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MEMORANDUM
DATE: February 14, 2013
TO: Mayor and City Councilmembers
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THRU: Darin Atteberry, City Manager --
Wendy Williams, Assistant City Manager "1S
Ken Mannon, Operation Services Director FROM: Helen Matson, Real Estate Services Managerl�
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OPERATIONS SERVICES
REAL ESTATE SERVICES
P.O. Box 580
300 Laporte Avenue, Bldg. B
Fort Collins, CO 80522-0580
970.416.2276
970.416.2209 — fax
@fcgov.com
RE: Agenda Item #18, Ordinance No. 027, 2013 Authorizing the Acquisition by
Eminent Domain of Certain Lands Necessary to Construct Public Improvements
in Connection with the North College Improvements Project — Conifer to Willox
This memo provides information regarding eminent domain proceedings for land necessary to
construct public improvements related to the North College Improvements Project — Conifer to
Willox; this item is on the February 19, 2013 Council agenda.
The North College Improvements Project — Conifer to Willox is a multimodal improvement
project that extends from Conifer Street to Willox Lane. This will continue road improvements
that began with Phase I in 2003. Phase I improvements extended from Jefferson Street to the
North College Avenue Bridge. The City completed Phase II improvements last year. These
improvements extended from Vine Drive to the intersection of Conifer Street. For this current
phase, 28 parcels have been identified requiring acquisition. Staff has held public meetings and
has also met with affected property owners individually to discuss the project and impacts to
their properties.
As this Project is receiving both federal and state funds, the real estate acquisition for this Project
must conform to the provisions of the Uniform Relocation Assistance and Real Property
Acquisitions Policies Act of 1970 as Amended (Public Law 91-646). Requirements include that
the City must use approved appraisers and negotiators, and send a Notice of Interest Letter
("NOI") to all affected property owners prior to the commencement of negotiations or appraisals.
This letter informs the property owners of their rights, pursuant to Colorado Revised Statute 38-
1-121, to obtain their own appraisal within a 90-day period. On City projects, the NOI letter is
sent to property owners. However, per the Statute, this NOI letter must be sent only when the
condemning authority intends to acquire an interest in the property. The Council is the City's
condemning authority. Therefore, our policy is to send the NOI letter once we have Council's
permission to use eminent domain. In accordance with the Uniform Act, our contract appraiser
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cannot begin appraisals until eminent domain permission is received and the NOI letter is sent.
It is important to note that while the outside contractor handles all negotiations, if eminent
domain is required, the court proceedings will be handled by the City Attorney's office.
All affected property owners have been notified that staff will be seeking Council permission to
use eminent domain for these properties and the date of the meeting. Staff continually assures
the owners that it is the City's goal to acquire property interests without using eminent domain.
At this time, we are not aware of any controversial issues with the property owners and staff is
optimistic that all negotiations can be completed in good faith. We only proceed with eminent
domain, if necessary.