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HomeMy WebLinkAbout044 - 03/20/2007 - AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC ORDINANCE NO. 044, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS IN CONNECTION WITH THE ZIEGLER ROAD, KECHTER ROAD INTERSECTION IMPROVEMENTS PROJECT WHEREAS, the Ziegler Road, Kechter Road Intersection Improvements Project (the "Project") was constructed during the summer of 2006; and WHEREAS, the Project included constructing a roundabout, sidewalks, center medians, and utility connections; and WHEREAS, the Project improves the current intersection and provides a safer flow of traffic; and WHEREAS, it is necessary for the City to acquire certain property rights for the Project from the Hearthside Homeowners Association of Fort Collins, Inc, (the "HOA") hereinafter described on Exhibits "A" and `B" attached hereto and incorporated herein by this reference (the "Exhibits"); and WHEREAS, the HOA Board signed an Agreement for Possession and Use on April 10, 2006 to allow the City to proceed with the construction of the Project while negotiations continued; and WHEREAS, the HOA Board has accepted, in principle, the City's offer to purchase the necessary interests; and WHEREAS, the HOA Bylaws require that 80% of all homeowners in the HOA and 67% of all lending institutions holding deeds of trust execute the conveyance documents, and obtaining those documents will be an expensive and lengthy process, and WHEREAS, accordingly, the HOA Board has requested that the City initiate an eminent domain action in order to complete the transaction, since the eminent domain process will be more cost effective and timely; and WHEREAS, the acquisition of the property rights is desirable and necessary for the Project, is in the City's best interest and enhances public health, safety, and welfare; and WHEREAS, the acquisition of such property rights may, by law, be accomplished through proceedings in 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 detennines that is necessary in the public interest to acquire the property rights described on the Exhibits for the purpose of the project. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire said property rights for the City by eminent domain proceedings. Introduced, considered favorably on first reading, and ordered published this 6th day of March, A.D. 2007, and to be presented for final passage on the h day of March, A.D. 2007. May ATTEST: City Clerk Passed and adopted on final reading on the 20th d4of .L.h, A. 7. M ATTEST: �U)P� VOh;-SJ City Clerk Exhibit"A" Page 1 of 3 DESCRIPTION OF A TRACT OF LAND LOCATED ON THE HEARTHSIDE HOMEOWNERS ASSOCIATION OF FORT COLLINS, INC. PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Tract of land located in the Northeast quarter of Section 8, Township 6 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said tract is also located in Outlot A of the plat of Homestead P.U.D. 2°d Filing P.L.D. And P.D. , a plat of record with the Clerk and Recorder of Larimer County, being more particularly described as follows; Considering the east line of the said northeast quarter of Section 8 as hearing South 00 degrees 16 minutes 36 seconds West between a Aluminum Cap Monument, PLS 22098 at the north east corner and a Aluminum Cap Monument, PLS 33642 at the north sixteenth corner of section 8, based upon GPS observation and City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said northeast corner of Section 8; THENCE along the east line of the said northeast quarter of Section 8, South 00 degrees 16 minutes 36 seconds West for a distance of 50 .00 feet to the easterly extension of the south right of way of Kechter Road as shown on the said plat of Homestead P.U.D. 2"d Filing P.L.D. And P.D. ; THENCE along the said extended line, South 89 degrees 30 minutes 22 seconds West for a distance of 57 .20 feet to the said south right of way of Kechter Road and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE along the said south right of way, South 89 degrees 30 minutes 22 seconds West for a distance of 2 .96 feet; THENCE leaving the said right of way, along a non-tangent curve to the right having a radius of 86 .17 feet a central angle of 16 degrees 31 minutes 15 seconds and an arc length of 24 .85 feet, being subtended by a chord of South 46 degrees 53 minutes 46 seconds East for a distance of 24 .76 feet to the west right of way of Ziegler Road as dedicated on the said plat of Homestead P.U.D. 2n11 Filing P.L.D. And P.D. ; THENCE along the said west right of way, non-tangent from the previous curve, North 00 degrees 16 minutes 36 seconds East for a distance of 1. 87 feet; THENCE continuing along the said right of way, along a curve to the left having a radius of 15.00 feet a central angle of 90 degrees 44 minutes 56 seconds and an arc length of 23 .76 feet, being subtended by a chord of North 45 degrees 05 minutes 24 seconds West for a distance of 21.35 feet to the point of beginning. Containing 90 square feet more or less. Exhibit"A" Page 2 of 3 The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 EXHIBIT "A" Page 3 of 3 LOCATION SKETCH HEARTHSIDE HOMEOWNERS ASSOCIATION .OF FORT COLLINS, INC. KECHTER ROAD DEDICATED TO CITY `NE CORNER 90 SQ.FT. J I 8-6-68 L3 LS ---L2---- I EXISTING GRADING & 1 1 DRAINAGE ESMT. L7 I 1 1 a EXISTING US WEST V ci NTS EASEMENT 1 z o o DO JANUARY 31, 2008 O J�,Ot N I j o j 1N TEMPORARY Lg CONSTRESMUCTION 0 5475 SQ.FT. 0 I O i Course Bearing DistanceLLJ L11 L1 5 00'16'38" W 50.00' _J L2 S 89'30'22" W 57.20' 0 L3 S BW30'22" W 2.96' LLI L4 N 00'16'36" E 1.87' N L5 S 89'30'22" W 97.58' L6 S 00'29'50" E 25.00' L7 N 69'30'22" E 85.40' LB S 00'16'36" W 77.3,V L9 S 89'43'38" E 20.00' L10 S 00'18'36" W 40.00' 111 S 89'43'36" E 10.00' L12 N 00'16'36" E 125.67' curve Radius Length Delta C1 86.17' 24.85' 16'31'15" C2 15.00, 23.76' 90'44'56" THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY. AND DO NOT REPRESENT A K:\SURYLY\PROJ\SDS\K&Z\K&ZROW.OWG MONUMENTEO 60UNDARY SURVEY. Exhibit"B" Page 1 of 3 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE HEARTHS IDE HOMEOWNERS ASSOCIATION OF FORT COLLINS, INC. PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Temporary Construction Easement located in the Northeast quarter of Section 8, Township 6 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easement is also located in Outlot A of the plat of Homestead P.U.D. 2nd Filing P.L.D. And P.D. , a plat of record with the Clerk and Recorder of Larimer County, being more particularly described as follows; Considering the east line of the said northeast quarter of Section 8 as bearing South 00 degrees 16 minutes 36 seconds West between a Aluminum Cap Monument, PLS 22098 at the north east corner and a Aluminum Cap Monument, PLS 33642 at the north sixteenth corner of Section 8, based upon GPS observation and City of Fort Collins coordinate base, and with all bearings contained herein relative thereto; Commencing at the said northeast corner of Section 8; THENCE along the east line of the said northeast quarter of Section 8, South 00 degrees 16 minutes 36 seconds West for a distance of 50 .00 feet to the easterly extension of the south right of way of Kechter Road as shown on the said plat of Homestead P.U.D. end Filing P.L.D. And P.D. ; THENCE along the said extended line, and along the said south right of way, South 89 degrees 30 minutes 22 seconds West for a distance of 60 .17 feet to the westerly line of the proposed tract of land to be dedicated to the said City and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE continuing along the said south right of way, South 89 degrees 30 minutes 22 seconds West for a distance of 97 .58 feet; THENCE leaving the said south right of way, South 00 degrees 29 minutes 50 seconds East for a distance of 25.00 feet; THENCE North 89 degrees 30 minutes 22 seconds East for a distance of 85 .40 feet; THENCE South 00 degrees 16 minutes 36 seconds West for a distance of 77 .34 feet; THENCE South 89 degrees 43 minutes 36 seconds East for a distance of 20 .00 feet; THENCE South 00 degrees 16 minutes 36 seconds West for a distance of 40 . 00 feet; THENCE South 89 degrees 43 minutes 36 seconds East for a distance of 10 .00 feet to the west right of way of Ziegler Road as dedicated on the said plat of Homestead P.U.D. 2nd Filing P.L.D. And P.D. ; THENCE along the said west right of way, North 00 degrees 16 minutes 36 seconds East for a distance of 125 . 67 feet to the said Exhibit"B" Page 2 of 3 westerly line of the proposed tract to be dedicated to the City; THENCE along the said proposed westerly line, along a non-tangent curve to the left having a radius of 86 . 17 feet a central angle of 16 degrees 31 minutes 15 seconds and an arc length of 24 . 85 feet, being subtended by a chord of North 46 degrees 53 minutes 46 seconds West for a distance of 24 .76 feet to the point of beginning. Containing 5475 square feet more or less . The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 EXHIBIT "B" Page 3 of 3 LOCATION SKETCH HEARTHSIDE HOMEOWNERS ASSOCIATION OF FORT COLLINS, INC. K EC HT E R ROAD DEDICATED TO CITY `NE CORNER 90 SQ.FT. J I 8-6-68 L3 1 L5 ------ N ' - - y_ EXISTING GRADING & Cn -1 DRAINAGE ESMT. L7 I � EXISTING US WEST I Z N TS EASEMENT z & p o DO JANUARY 31, 2006 0t 1 04 I z m w o 001, DO TEMPORARY L9 I CONSTRyCTION ESIA T. 0 1 Q 5475 SQ.FT, O I L11 ly- Course Bearing Distance LIJ L7 S 00'16'36" W 50.00 _I 1 L2 S 89'30'22" W 57.20' 0 1 13 S 8W30'22" W 2.96' LLJ L4 N O0,16,36" E 1.87' N L5 S 8W30'22" W 97.58' L6 S 00'29'50" E 25.00' L7 N 89'30'22" E 85.40' l.8 S 00,15,36" W 77.34' L9 S 89'43'36" E 20.00' LIO S DO'16'38" W 40.00' L71 S 89143'36" E 10.00' L12 N DO'16'36" E 125.67' Curve Radius Length Delta Cl 86.17' 24.85' 16'31'15' C2 15.00' 23.76' 90'44'56" THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY, AND DO NOT REPRESENT A K:\SURVEI'\PRD.I\SOS\KkZ\KkZROW.DWG MONUMENTEO BOUNDARY SURVEY.