To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Frank N. Main, Project Manager
Title
Ordinance Authorizing the Exercise of the Town’s Powers of Eminent Domain to Acquire Certain Real Property Interests Necessary for the Four Corners Intersection Improvement Project (Second Reading - Approved on First Reading on January 18, 2022, by a vote 7-0) [Founders Parkway, SH-86, Fifth Street and Ridge Road]
Body
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Executive Summary
This ordinance authorizes the acquisition of property interests necessary for construction of the Four Corners Intersection Improvement Project under the power of eminent domain. Those property interests are attached as Exhibit 1 to the ordinance (Attachment B). This 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
This project is an operational improvement project. The proposed project will construct operational improvements at the intersection of Highway 86/5th Street and Founders Pkwy/Ridge Road in order to minimize congestion and decrease travel delays due to current and forecasted traffic volumes. The intersection currently experiences a Level of Service (LOS) C according to the Highway Capacity Manual and it is quickly approaching LOS D, which is the minimum acceptable LOS standard for both CDOT and Castle Rock. The southbound left turn in the PM peak hour is already operating at a LOS D. Improvements will reduce travel delays and improve the overall intersection LOS to a LOS A in 2023 when the project is completed.
There are also two corners of the intersection that do not have bike/pedestrian facilities. The project will construct these improvements to improve the biking and walking environment. It will also construct ADA compliant curb ramps with truncated domes greatly improving mobility for individuals with visual impairments.
The intersection improvements will be an improved signalized intersection adding one turn lane and one through lane northbound, one turn lane and one through lane southbound, one through lane eastbound, and one through lane westbound. Curb & gutter and sidewalk will also be added to the required width of the new intersection layout.
Right of Way Plan Review Documents have been submitted to CDOT. These plans identify areas described as Temporary Easements, Permanent Easement and Right of Way Acquisitions. Temporary easements are used during the construction period only. Once construction is completed, these easements will no longer exist. Permanent easements are necessary to protect certain aspects of the roadway, such as slopes, but allows the property owner to control other elements. Right of Way is Town-owned property that is needed to support all operations and maintenance needs of primary roadway elements. The project will affect five property owners as shown below:
• 13 Temporary Easements Totaling 0.881 Acres
• 6 Permanent Easement Totaling 0.447 Acres
• 8 Right of Way Acquisitions Totaling 0.422 Acres
A Summary of Parcels map showing general location of impacted properties has been provided with this memo. (Attachment A)
The forecasted project schedule is as follows:
• February 2022 - Utility Clearance
• June 2022 - ROW Clearance
• July 2022 - Advertise Project for Construction
• December 2023 - Construction Completion
Staff Recommendation
Staff recommends approval of the ordinance as presented on second reading.
Proposed Motion
“I move to approve the ordinance as introduced by title on second reading.”
Alternative motions:
“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
Attachment A: Summary of Parcels Map
Attachment B: Ordinance
Exhibit 1: Property Descriptions