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HomeMy WebLinkAboutLAKEWOOD ESTATES MOBILE HOME PARK - Filed ED-EASEMENT DEDICATION - 2002-12-20RESOLUTION 85- 148 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS IN THE CITY WHEREAS, the City of Fort Collins desires to acquire certain lands hereinafter described for the purpose of the construction of the Northeast Loop Waterline; and WHEREAS, the City has attempted to negotiate the acquisition of said property and rights from the owners thereof, which negotiations have been been unsuccessful; and WHEREAS, immediate acquisition of the property and rights is necessary to maintain the schedule for construction of the Northeast Loop Waterline; and WHEREAS, the acquisition of the same is desirable and necessary for public use and said acquisition may, by law, be accomplished through proceedings in eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. The City hereby finds and determines that it is necessary that the City of Fort Collins acquire certain lands, together with easements and right-of-way, more particularly described as follows to be used for the construction of the Northeast Loop Waterline: LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT AND 20' PERMANENT UTILITY EASEMENT SMOOKLER Two strips of land in Lot 2, Lakewood Estates Mobile Home Park according to the recorded plat thereof, City of Fort Collins, Larimer County, Colorado being described as follows: A 20 foot wide permanent utility easement lying 10 feet North and 10 feet South of the following described reference line: Beginning at the Southwest corner of said Lot 2 and considering the West line of said Lot 2 to bear North 00°23'30" East with all bearings contained herein relative thereto; thence Northerly along said West line North 00' 23'30" East, 25.00 feet to the True Point of Beginning of said reference line; thence departing said West line along a line parallel to the South line of said Lakewood Estates Mobile Home Park South 89°35'55" East, 69.24 feet to the Northeasterly line of said Lot 2 and the point of terminus of this description together with the following described easement: A 75 foot wide temporary construction easement being the South 75 feet of said Lot 2, Lakewood Estates Mobile Home Park with the North line of said temporary construction easement being parallel to the South line of said Lot 2 together with the following described easement: A 35 foot wide temporary construction easement being the South 35 feet of said Lot 1, Lakewood Estates Mobile Home Park with the North line being parallel to the South line of said Lot 1. The above described permanent utility easement contains 1,400 square feet, more or less and the above described temporary construction easement in Lot 2 contains 6,600 square feet, more or less and the above described temporary construction easement in Lot 1 contains 23,400 square feet, more or less. Section 2. The City Council hereby finds and determines that it is not possible to acquire such property, right-of-way and easement by negotiating with the owners thereof and, therefore, authorizes the City Attorney and other proper officials of the City to acquire the same for the City by eminent domain proceedings. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 3rd day of September, A.D. 1985.