HomeMy WebLinkAbout106 - - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PU WITHDRAWN ON FIRST READING
ORDINANCE NO. 106, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDI S
OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVE ENTS
FOR THE NORTH MASON STORMWATER PROJECT AND NORTH MAS STREET
ALIGNMENT FROM ALPINE STREET TO HICKORY STRE
WHEREAS, the City is in the process of planning improvements to orth Mason Street
from Alpine Street to Hickory Street including stormwater improvemen and the extension of
North Mason Street from Hemlock Street north to Hickory Street(the"P Ject"); and
WHEREAS,the Project is necessary to address historically p r drainage conditions in the
existing North Mason Street corridor as well as to provide an alt native access and circulation
parallel to North College Avenue, which has seen increasing ffic volume, including further
congestion and accidents; and
WHEREAS, the Project is anticipated to include a installation of stormwater drainage
improvements and the construction of a new portion of orth Mason Street, extending it north
from Hemlock Street to its intersection with Hickory S eet; and
WHEREAS, to construct the Project, the C' y will need to acquire right-of-way from five
property owners, as described on Exhibits "A" rough "G", attached hereto and incorporated
herein by this reference (the "Property Rights" , and
WHEREAS, based on extensive re arch performed by City staff and an outside property
acquisition consultant, the parcels ident' ied on Exhibit "F" and "G" appear to be City-owned
property ("City-Owned Parcels"); and
WHEREAS,because the pr erty records for the Project area are inconsistent with respect
to whether certain public streets ve been vacated, City staff is recommending that City Council
authorize eminent domain aut rity for the City-Owned Parcels; and
WHEREAS, inclu ' g the City-Owned Parcels in this authorization will allow City staff
to acquire the parcels in a event it is proven the City does not own them, which will allow staff
to maintain the Proj t schedule without having to return to City Council for additional
authorization; and
WHERE , the authorization for acquisition by eminent domain of the City-Owned
Parcels does n require the City to acquire said parcels nor does it constitute an admission by the
City that the ity does not own the City-Owned Parcels; and
EREAS,the City will negotiate in good faith for the acquisition of the Property Rights
from owners thereof; and
WHEREAS, the acquisition of the Property Rights is desirable and necessary for the
c struction of the Project, is in the City's best interest, and enhances public health, safety, and
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WITHDRAWN ON FIRST READING
welfare because it will allow for the construction of needed public infrastructure within e City;
and
WHEREAS, the acquisition of the Property Rights may, by law, be accom fished through
eminent domain.
NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF E CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes and ado s the determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby authori s the City Attorney and other
appropriate officials of the City to acquire the Property Ri s for the City by eminent domain
proceedings.
Section 3. The City Council further finds at, in the event acquisition by eminent
domain of the Property Rights or any of them is co enced, immediate possession is necessary
for the public health, safety and welfare.
Introduced, considered favorably on fii treading, and ordered published this 7th day of
September, A.D. 2021, and to be presented r final passage on the 21st day of September, A.D.
2021.
Mayor
ATTEST:
Interim City Clerk
Passed and opted on final reading on the 21st day of September, A.D. 2021.
Mayor
ATTEST
I Brim City Clerk
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