HomeMy WebLinkAbout150 - 01/15/2013 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN PROPERTY INTERESTS NECESSARY TO ORDINANCE NO. 150, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN
PROCEEDINGS OF CERTAIN PROPERTY INTERESTS NECESSARY
TO CONSTRUCT PUBLIC IMPROVEMENTS RELATED TO
THE MASON CORRIDOR BUS RAPID TRANSIT PROJECT
WHEREAS, construction for the Mason Corridor Bus Rapid Transit Project (the
"Project') recently commenced; and
WHEREAS, the Project involves the construction of a five mile, north-south byway
which extends from Cherry Street on the north to a point south of Harmony Road (the site of the
new South Transit Center); and
WHEREAS, the Project will include a 24-foot wide traffic lane for buses with concrete
paving, retaining walls, curb and gutter, and drainage and utility improvements; and
WHEREAS, the Project will greatly enhance north-south transportation through the City
and is expected to serve as a catalyst for economic growth and long-term development; and
WHEREAS, the Project recently identified additional property interests that need to be
acquired for the construction of the Project, which interests (the "Property") are described on
Exhibit "A", attached hereto and incorporated herein by this reference; and
WHEREAS, the City will continue to negotiate in good faith for the acquisition of the
Property from the landowner; and
WHEREAS, the acquisition of the Property may, by law, be accomplished through
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 is necessary in the
public interest to acquire the Property described on Exhibit "A" for the purpose of the Mason
Corridor Bus Rapid Transit Project.
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.
Section 3. The City Council hereby finds, in the event that acquisition by eminent
domain is commenced, that immediate possession is necessary for the public health, safety and
welfare.
Introduced, considered favorably on first reading, and ordered published this 18th day of
December, A.D. 2012, and to be presented for final passage on the 15th day of January, A.D.
2013.
OF FORT CO _
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ATTEST:
OLOR
City Clerk
Passed and adopted on final reading on the 15th day of January, A.D. 2013.
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EXHIBIT"A"
DESCRIPTION OF INTERESTS TO BE ACQUIRED
Two signboard easements, one located at the northeast corner of the intersection of Horsetooth
Road and the BNSF Railroad in the City of Fort Collins, and the other located at the northeast
corner of the intersection of Prospect Road and the BNSF Railroad in the City of Fort Collins,
being two of the easement locations described in that certain Signboard Easement between the
Burlington Northern and Santa Fe Railway Company and Outdoor Systems Inc., recorded on
December 23, 1997 at Reception No. 97086045 in the Office of the Larimer County Clerk and
Recorder, along with any interests arising out of said easements, including, but not limited to any
leasehold interests held by the Lamar Company, LLC., NextMedia Outdoor, Inc., and/or any and
all related entities or other entities.
The boundaries of said easements are described on page I of the Signboard Easement and the
general locations of said easements are depicted on pages 12 and 17 of the Signboard Easement
and shown on Attachment 1, attached hereto and incorporated herein by this reference.
Attachment 1
MAX/BRT ACQUISITIONS
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