Loading...
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- - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PU WITHDRAWN ON FIRST READING ORDINANCE NO. 106, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDI S OF CERTAIN LANDS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 -1- 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 -2- I