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HomeMy WebLinkAbout136 - 11/02/2021 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONTRUCT PUB ORDINANCE NO. 136, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS FOR THE SOUTH COLLEGE AVENUE TRILBY ROAD INTERSECTION WHEREAS, the City is in the process of planning improvements to the intersection of South College Avenue and Trilby Road including widening rights-of-way, adding turn lanes, and bicycle and pedestrian connections (the"Project"); and WHEREAS, the Project is necessary to address increased use of the existing intersection, which has led to increased vehicular crash rates, and to address anticipated future traffic levels as growth continues in the region; and WHEREAS, to construct the Project, the City will need to acquire certain property interests, from seventeen property owners; and WHEREAS, the interests the City wishes to acquire include right-of-way, permanent easements, and temporary construction easements, ranging in size from .001 acre to .792 acre, as described on Exhibit"A",attached hereto and incorporated herein by this reference(the"Property Interests"); and WHEREAS, the City will negotiate in good faith for the acquisition of the Property Interests from the owners thereof; and WHEREAS, the acquisition of the Property Interests is desirable and necessary for the construction of the Project, is in the City's best interest, and enhances public health, safety, and welfare because it will allow for the construction of needed public infrastructure within the City; and WHEREAS, the acquisition of the Property Interests 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 makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property Interests for the City by eminent domain proceedings. Section 3. That the City Council further finds that, in the event acquisition by eminent domain of the Property Interests or any of them is commenced, immediate possession is necessary for the public health, safety and welfare. -1- Introduced, considered favorably on first reading, and ordered published this 19th day of October,A.D.2021,and to be presented for final passage on t e 2nd day of ovember,A.D. 2021. May ATTEST: o : S Interim City C erk cOLORp' Passed and adopted on final reading on this ay o ovember, D 2021. Mayor ATTEST: Interim City Clerk 0�.*°RT�O , �N s SEAL SOLO Account#: FTC-003160 COLLINS 001— ' Invoice Text C�OLFORT- LL0_)W_ _ _ NOTICE IS HEREBY GIVEN that the Fort Collins City Counl STATE OF COLORADO ) )ss:AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER) CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins,in said county and state;that the notice or advertisement,of which the annexed is a true copy,has been published in said daily newspaper and that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof; that the publication of said notice was contained in the issues of said newspaper dated on NOTICE IS HEREBY.`;GIVEN"that the`I ForrColltns Clty Couna[I on Tuesday, :: November 2, 2021, passed and .adopted.. the #ollowiggi ardlrLdhces an second;Y 11/07/21 reading .ORDINANCE"No I3%204T that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the OF.THE COUNCIL,OF;THE CJTY OF p Y P Y g FORT CotL1N5 period of at least six months next prior to the first publication of said notice or advertisement above MAKI NG'SU PPLEMENTALAPPRO PRIATIONS FOR,PROMOTION AND referred to;that said newspaper has been admitted to the United States mails as second-class matter EDUCATION'REGARDtNGTHESPIN E BIKE/E-SCOOTERMlGR01VS081LI under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said T.Y.SHARE;PROGRAM ORDINANCE::,ND 134,.za21 newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within OF.THE COUNCILIOF THE CITY OF the meaning of the laws of the State Of Colorado. FORT COLLINS g MAKING.SUPPLEMENTAL APPRO PRfATIONS'IN THE'GENERAL'FUND FOR"THE:ENVIRONMENTAL;SERV °JCES INDOOR AIR QUALITY:PRO GRAMS'.FROM.THE.US EN.VIRON•i c MENTAL PROTECTION AGENCY GRANT - ORDINANCE NO 135 2021 Legal Clcrk OF THE COUNCIL OF THE CITY OF 'FORT"COLLINS `" ' Subscribed and sworn to before me within the Count of Brown,State of Wisconsin this 40OROPRr TING PRIOR YEAR RE Y SERVES.AND AUTHORIZING TRANS 7tlr of November Zd?1. �:FERS;OFiAPPROPRIATIONS FOR THE:EAST::C ISTRICT MAINTENANCE >: FACILITY PROJECT AND RELATED ART 1N - P:UBLIC'P,LACES ' Np 136,2021 OF THE COUORDINANCENCIL;OF THE CITY OF; '':FORTsCOLLINS ? ; AUTHORIZING THE.ACQUISITION BY EMINENT+DOJViAIN PROCEEDINGS Nota�yPublic OF�CERTAIN LANDS NECESSARY,TO GONSTRUCT'PUI3LIC IMPROVE`; MEN. 5 FOR THE SOUTHJCOLLEOI AVENUE TRILBY ROAD INTERSEC " TlON ORDINANCE NO 13,7 2D21 OF THE COUNCIL OF THE CITY OF Notary Expires FORT COLL'I NS DECLARING CERTAIWCITY ONINED PROPEt2TY AT 362D KECHTER ROAD AS ROAD RIG of wAY Le-al No.0004989349 ORDINANCE NO :138,2621 OF.THE-.COUNCIL OF:THE CITY.:;OF Ad#:0004989349 FORT COLLI Ns AUTHORIZING:THE CONVEYANCE AfGdavitPrepared P p; OF CITY-OWNED PROPERTY Sunday,November 7,202 3:34 mn AT 3620 KECHTER ROAD TO This is not an invoke KECHTER rwG LLLP V I C KY F STY #of Affidavits 1 The full'text of ttiese ordinances cah be found af> h#tp l/fcgov corrilpubllanofiices ' Notary Public ar by calling the:City C(erk's Of#Ice at 97022t6515 State of Wisconsin 0004989349 i Coloradoan Nov.7;-2021 Account#: FTC-003160 j FORT-COLLINS J � 0 Invoice Text WNOTICE IS HEREBY GIVEN that the fort Collins City Count STATE OF COLORADO ) )ss:AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER ) CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS CO 80521 NOTIC I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that Fore Coot;; CUeRJ Ia an the same is a daily newspaper g p 1 y October t9,2tlai,passed and adopts y of general circulation and Tinted and published in the City of Fort ordIn Thesetng trance ,will on presentc+ g.jollow Collins,in said county and state;that the notice or advertisement,of which the annexed is a true These ordihances will be presented for' Y� _ #InaJ pasaf� anu$tSdav,;I�ovel�tlb0r z, ^mcopy,has been published in said daily newspaper and that the notice was published in the regular 2a21 , 4; and entire issue of every number of said newspaper during the period and time of publication of said ORDINANCE NO t33,2021 OF:TtiE GQUNCIL O,F THE CITY OF notice,and in the newspaper propel'and not in a supplement thereof,ghat the publication of said -FORT COLLiNS MAKING$sUPPLEMENTAL AI;PRO notice was contained in the issues of said newspaper dated on PF{IAT. IONs�FORPROMOTIONJ AND EDUCATION REGARI?ING THE SPIN E BIKE(/E SCOOTER MICRO AAOBILI 3 TY SHARE'PROGRAM> O1RDI;NANCE NO 734,2021 10/26/21 OP;'THE COUNGIL;OF THE.GNTY OF: :" r ,"FORT GOLLINS MAKING SUPPLEMENTAL APPRO that said Fort Collins ColO]'ad0811 has beenpublished continuously and uninterruptedly during the PRNATlONS;FN THE GENERALS FUND FOR THE CNVIRON7NENTALSERV period of at least six months next prior to the first publication of said notice Ol'advertisement above ICES INDOOR PIR'CUALf,TY>>;PRO referred to'>that said newspaper 11aS been admitted t0 rile United States mails as second-class matter GRArU15 FROM THE;US ENVfRDN 14SENTAL PRnTECTION AGENGY under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said GRANT newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within ORDINANCE NO 135 2027 OF.THE COUNCIL Oi THE CITY OF the meaning of the laws of the State of Colorado. FORT COLLIN5 APf?ROPRI%aTING.PRIOR'YEAR RE SERVES AND Al1THO;RIZINGTRANS FIRS OF'APPROP,.RIAT:IONStFOR RACILI ST PROJECT.AND RE TVANCE FACILITY P.ROJECT,ANO RELATED ART I:N PUBLIC PLACES ORDINANCE NO t36,2021 Legal Cleric THE COUNCIL,'OF.THE CITY OF OF \ FORT COLLINS AUTHORIZING THE ACQUISITION BY Subscribed and sworn to before me,within the County of Brown, State of Wisconsin this EMINENT l2 _AIN PROCEEDINGS OF GERTA1WLANDS,NECESSARY TO 26th Of Octobet-2021. CONSTRUCT.PUBLIC.IMPROVE MENTS E FOR;TH SOUTH CQ,LLEGE V 11 TRILPyblltfi O ORDINANCE NO 137 202t OF THE COUNCIL'OF,THE CITY OF FORE COLLINS DECLARING CERTA"IN CITY F'ROPRTY AT Notary Public �620 KjEGHTEI ROADAS RbAD RIGHTOR=LAY The fiolloWlhg Ordlnclq Wq�adoptod an Farsti T�etidlHdl alt Oa#Cbelz�z6,,�1'tY1t and � � �� � wlll'.be pre e o.n ented #or.;final passag Novemb0r Z 2021 , Notary Cxpires ORDINANCE Nt] 120 2021 DF,THE COUNCIL OF.THE CITY OF FORT coLLINs Ahl1ENOING.CHAPTER26nFTHE �pTHLEEN ALLEN CDDE OF THI=_CIiY OF PORT Legal i\o.0004974720 GOLLINS Public r TO MAKE VARIOUS UPDATES RI N Ot&ry GQR01NG,,'rHE ,� WASTEWATERUT1LI"YPRETREAT f \N:ISC0nSIn MENTPROGRAM State 0 Affidavit Prepared The:full text of these ordinances-can be:` Tuesday,October 26,202 3:34 am found of http:I/fcgov;cam/nubiicnotices. ar by:talffng ithe Cftv`.'Clerk's':Of#Ice,at=' 970,221 6515, - 000074720. Coloradoan Oct 26,202t;