To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Daniel Sailer, P.E., Director of Public Works
Title
Ordinance Authorizing the Exercise of the Town’s Powers of Eminent Domain to Acquire Certain Real Property Interests Necessary for the Fifth Street Widening Project (Second Reading - Approved on First Reading on August 15, 2023, by a vote 7-0)
Body
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Executive Summary
This ordinance authorizes the acquisition of property interests necessary for construction of the Fifth Street Widening Project under the power of eminent domain. The property interests are depicted on Exhibit 1 and include 21 Right-of-Way (ROW) parcels, 6 permanent easements, and 32 temporary easements. The ordinance mandates Town compliance with applicable statutory requirements on conducting good faith negotiations with the affected landowner, and requires all offers to be based on market valuation of the property interests to be acquired. In most instances, the landowner will have the right to obtain an independent appraisal at the expense of the Town.
In the event the Town working through its property acquisition consultant is unable to reach agreement with the property owner on purchase price, time of possession, or other terms of acquisition, the Town Attorney will so advise Town Council. In that event, the Town Council will be apprised of the prior negotiations, and determine at a Council meeting whether the judicial process for acquisition of the property interests should be initiated. The property owner will have the opportunity to address Council at that time. To reiterate, this ordinance does not authorize the filing of a petition for any property. This ordinance is for general authorization purposes only.
As has been demonstrated on recent capital projects in which the Council similarly authorized acquisition of property interests by an eminent domain ordinance, good faith negotiations almost always result in an agreement with the property owner. Consequently, we anticipate that Council intervention in the acquisition process will be infrequent.
Utilization of the statutory process provides certainty and consistency with property acquisitions and assurance that possession of the necessary property interests can be achieved within the projected timeframe and with payment of just compensation.
Discussion
Fifth Street Widening project includes roadway capacity and operational improvements of Fifth Street from Gilbert Street to Ridge Road, including pedestrian and bicycle facility additions. The project has received federal funds through DRCOG for the construction phase. The project is located just East of downtown Castle Rock beginning at the intersection of Fifth Street & Gilbert Street and ending at the intersection of Fifth Street & Ridge Road. Fifth Street is classified as a major arterial and functions as a regional roadway. Within the project limits, Fifth Street intersects with one state highway (SH-86/Founders Parkway), two major arterials (Woodlands Boulevard and Ridge Road), two collector streets (Gilbert Street and Valley Drive) and multiple local roads and private accesses. The improvements implemented with this project include: road widening to accommodate the full build-out condition of a 4-lane major arterial, on-street bike lanes, intersection improvements at Woodlands Boulevard, intersection improvements at Valley Drive, Multi-use path/sidewalk implementation, storm drainage improvements, multiple retaining walls and water quality improvements.
The planned transportation improvements within the project corridor extend beyond the Town Right-of-Way. On average the Town’s current ROW is 110 feet wide in the project area. This width is not adequate for the Town to construct and maintain the improvements planned with the project including: water quality detention facilities, structure (wall) construction, drainage modifications, and grading as shown on Exhibit 1. A breakdown of the necessary identified acquisitions is below:
• 32 Temporary Easements
• 6 Permanent Easements
• 21 Right of Way
Based on current Development Impact Fee revenue, which is the primary source of revenue for capital improvements, forecasts being lower than originally budgeted the timing of moving into the construction phase is being assessed. Staff is still recommending to finalize the preconstruction activities, including acquiring all permanent land acquisitions this year. If a determination is made to change the construction start to a future date, staff would hold off on acquiring the temporary construction easements.
Budget Impact
This ordinance does not have an impact on the budget as it only approves the eminent domain authorization process.
Staff Recommendation
Staff recommends approval of the ordinance as presented on first reading.
Proposed Motion
“I move to approve the ordinance as introduced by title on first reading.”
“I move to approve the ordinance as introduced by title, with the following conditions: (list conditions)”
“I move to continue this item to the Town Council meeting on (date) to allow additional time to (list information needed)”
Attachments
Ordinance
Exhibit 1: Property Interests
Exhibit 2: Property Legal Descriptions