HomeMy WebLinkAbout065 - 05/02/2023 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF TEMPORARY EASEMENTS ON CERTAIN LANDS NEORDINANCE NO.065,2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF
TEMPORARY EASEMENTS ON CERTAIN LANDS NECESSARY TO CONSTRUCT
PUBLIC IMPROVEMENTS FOR THE EASTERN SEGMENT OF THE
LAPORTE CORRIDOR IMPROVEMENT PROJECT
WHEREAS,the City is in the process of planning improvements to the Laporte Avenue
corridor from Fishback Avenue in the east to Sunset Street in the west to include sidewalk,bicycle
lanes,and curb and gutter for the purpose of improving bicycle and pedestrian facilities (the
“Project”);and
WHEREAS,the Project is necessary to address increased bicycle and pedestrian use of
Laporte Avenue,which has led to higher-than-expected traffic accidents,and several near misses
and at least one serious vehicle-pedestrian accident within the Project limits,and to address
anticipated future use needs as growth continues in the region;and
WHEREAS,the Project is planned in two segments:the East Segment is that portion of
Laporte Avenue east of Grandview Avenue and the West Segment is that portion of Laporte
Avenue west of Taft Hill Road;and
WHEREAS,the East Segment is fully funded and targeted to complete design and
commence construction by fall 2023;and
WHEREAS,to construct the East Segment of the Project,the City will need to acquire
temporary construction easements from eighteen property owners (referenced as “TE-02,”“TE
03,”“TE—04,”“TE—05,”“TE—06,’’“TE—07,”‘‘TE—10,’’“TE—II,’’‘‘TE—12,”“TE—13,’’“TE—14,”“TE—
15,”“TE-16,”“TE-17,”“TE-18,”“TE-20,”“TE-21,”and “TE-22”)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’s health,safety and welfare.
Introduced,considered favorably on first reading,and ordered pub%1t d this 18th day of
April,2023,and to be presented for final passage on the 2’’day of May
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AflEST:SEAL 7
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City Clerk “
Passed and adopted on final reading on this 2nd d..f May,202)
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ATTEST:
City Clerk
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