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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 _ G• �hst�tu °N a r ATTEST: OLOR City Clerk Passed and adopted on final reading on the 15th day of January, A.D. 2013. G`� ( OF FORT Ma orb/ ` ATTEST: O y :r ;r CO City Clerk ORA DO 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 LOCATION MAP L P S � z r B�rEY� SY` W LAKE ST w E KE ST W W E LAK 5� W PROSPECT RD z a E PROSPECT RD PEX DR 00 f JUNIPER'L"N BAY DR ¢ �— �— BIRKYPL11 PARKER ST SHEELYbR E TAVE Ir WALLENBEI DR E STUART ST w n W r W�> JO NSO DR d E1gyy %z ¢ ' �1 r aR.r HILL FpNO T RO �P . c� CT ' IR / w m DARTMOgTFIT L J ROLL ANDMOORF R RU GERS VE ( , ❑ DU cu �f LN U `y COLUMBIA RD �r n ❑ ¢ = G6RNELL�IVE�Q�� .r�`F ` F� Lu PRfNCE70N RD> y= W r0 01 ¢ d ¢ BAYLOR ST n ❑ z W DRAKE RD W E DRAKE RD zT--O o n o� z o z w ¢ } 9a ❑ ¢ ti o STRACHAN DR � �t o � ' ? j Q- '❑ DEL CLAIR RD OXFORD LN ly' x /V'A N o1c~ a 2 1 w ,jei0 F1co�p�I� } ¢ E SWaLL01N RD W SWALLOW RD z wa fm n o OO,lf� EAGLL R� GUNNISONDR�V� PL0 MAN WAY ¢ I ' JU$$TICE DR` � GO .A 80LT ,r RO�pR R MRrN/SF�IELD�DR- R VA IDER KINGSTO DR W OR E OTH�D�l E HORSET Rb AF ORAVE , �s BONITAA JEVA�D �WAY CREGERDR If ' N Sign Board Easement Locations �%