HomeMy WebLinkAbout035 - 03/17/1998 - AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS LAND NECESSARY FOR CONSTRUCTION OF STREET OVER ORDINANCE NO. 35, 1998
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS
OF CERTAIN LANDS NECESSARY FOR THE CONSTRUCTION OF
STREET OVERSIZING ON TIMBERLINE ROAD FROM
STETSON CREEK DRIVE TO MAIL CREEK DITCH
WHEREAS, the Street Oversizing Project--Timberline Road from Stetson Creek Drive to
Mail Creek Ditch (the "Project") is scheduled to take place in the spring of 1998; and
WHEREAS,the Project includes the widening of Timberline Road from Stetson Creek Drive
to Mail Creek Ditch; and
WHEREAS, it is necessary for the City to acquire certain properties hereinafter described
for the purpose of constructing street improvements, bicycle, pedestrian and other related
improvements in connection with the Project; and
WHEREAS, the City has previously negotiated and continues to negotiate in good faith for
the acquisition of said properties from the owners thereof, which negotiations have thus far been
unsuccessful; and
WHEREAS,the acquisition of the properties is desirable and necessary for the construction
of the improvements, is in the best interest and enhances the public health, safety and welfare; and
WHEREAS, the acquisition of such properties, 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 determines that it is necessary in the
public interest to acquire the real property described on Exhibit"A", consisting of 4 pages, attached
hereto and incorporated herein by this reference (the "Property"), for the purpose of the construction
of street improvements, bicycle, pedestrian, utility and other related improvements for the Project.
Section 2. That the City Council hereby authorizes the City Attorney and other appropriate
officials of the City to acquire the Property for use in connection with the Project by eminent domain
proceedings.
Section 3. The City Council finds, in the event that acquisition by condemnation of any
parcel described in this Ordinance is commenced, that immediate possession of the Property is
necessary for the public health, safety and welfare.
Introduced, considered favorable on first reading, and ordered published thi day of
March, A.D. 1998, and to be presented for final passage on the II day7MarcA.D. 1998.
� � w
Mayor
ATTEST:
- )LL
City Clerk
Passed and adopted on final reading this 17th day of Mar A 1998.
i
ayor
ATTEST:
City Clerk
EXHIBIT A
DESCRIPTION OF THE CONLEY PERMANENT UTILITY AND SLOPE EASEMENT
A Permanent Utility and Slope Easement located in the Southwest quarter of Section 5, Township
6 North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, the said
Permanent Utility and Slope Easement is also a portion of that certain tract of land described in a
Quit Claim Deed recorded August 28, 1984 in Book 2287 at Page 487, records of the Clerk and
Recorder of the said Larimer County, more particularly described as follows;
Commencing at the southwest corner of the said Section 5; THENCE along the west line of the said
southwest quarter,North 00 degrees 10 minutes 00 seconds West for a distance of 30.00 feet to the
westerly prolongation of the existing north right of way line of County Road 36; THENCE along
the said prolongated line,North 89 degrees 32 minutes 10 seconds East for a distance of 30.00 feet
to the existing east right of way of South Timberline Road and to the TRUE POINT OF
BEGINNING of this description; THENCE along the said existing north right of way of County
Road 36,North 89 degrees 32 minutes 10 seconds East for a distance of 15.00 feet to a line which
is 15.00 feet(measured at right angles) east of and parallel with the said east right of way of South
Timberline Road; THENCE along the said parallel line, North 00 degrees 10 minutes 00 seconds
West for a distance of 470.00 feet to the north line of the said tract described in Book 2287 at Page
487;THENCE along the said north line, South 89 degrees 32 minutes 10 seconds West for a distance
of 15.00 feet to the said east right of way of South Timberline Road; THENCE along the said east
right of way, South 00 degrees 10 minutes 00 seconds East for a distance of 470.00 feet to the point
of beginning. Containing 7050 square feet more or less.
The above described easement 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
Page 1 of 4
DESCRIPTION OF THE CONLEY TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement located in the Southwest quarter of Section 5, Township 6
North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, the said
Temporary Construction Easement is also a portion of that certain tract of land described in a Quit
Claim Deed recorded August 28, 1984 in Book 2287 at Page 487,records of the Clerk and Recorder
of the said Larimer County, more particularly described as follows;
Commencing at the southwest corner of the said Section 5; THENCE along the west line of the said
southwest quarter,North 00 degrees 10 minutes 00 seconds West for a distance of 3 0.00 feet to the
westerly prolongation of the existing north right of way line of County Road 36; THENCE along
the said prolongated line, and along the said north right of way, North 89 degrees 32 minutes 10
seconds East for a distance of 45.00 feet to the east line of the proposed Permanent Utility and Slope
Easement to be granted to the City of Fort Collins and to the TRUE POINT OF BEGINNING of this
description; THENCE continuing along the said north right of way, North 89 degrees 32 minutes
10 seconds East for a distance of 15.00 feet; THENCE leaving the said right of way, North 00
degrees 10 minutes 00 seconds West for a distance of 470.00 feet to the north line of the said tract
described in Book 2287 at Page 487; THENCE along the said north line, South 89 degrees 32
minutes 10 seconds West for a distance of 15.00 feet to the said east line of the proposed Permanent
Utility and Slope Easement; THENCE along the said proposed east line, South 00 degrees 10
minutes 00 seconds East for a distance of 470.00 feet to the point of beginning. Containing 7050
square feet more or less.
The above described easement 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
Page 2 of 4
DESCRIPTION OF THE LIEBL PERMANENT UTILITY EASEMENT
A Permanent Utility Easement located in the Northwest quarter of Section 8, Township 6 North,
Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, the said Permanent
Utility Easement is also a portion of that certain tract of land described in a Warranty Deed recorded
July 31, 1991 at Reception No. 91035551, records of the Clerk and Recorder of the said Larimer
County, more particularly described as follows;
Commencing at the northwest corner of the said Section 8; THENCE along the west line of the said
northwest quarter, South 00 degrees 01 minutes 58 seconds West for a distance of 861.68feet to the
northwest corner of the said tract described at Reception No. 91035551; THENCE along the north
line of the said tract described at Reception No. 91035551,North 89 degrees 43 minutes 28 seconds
East for a distance of 30.00 feet to the existing east right of way line of South Timberline Road, and
to the TRUE POINT OF BEGINNING of this description; THENCE along the said east right of
way, South 00 degrees 01 minutes 58 seconds West for a distance of 300.48 feet; THENCE leaving
the said east right of way, South 89 degrees 58 minutes 02 seconds East for a distance of 15.00 feet
to a line which is 15.00 feet (measured at right angles) east of and parallel with the said east right
of way; THENCE along the said parallel line North 00 degrees 01 minutes 58 seconds East for a
distance of 300.56 feet to the said north line of the tract described at Reception No. 91035551;
THENCE along the said north line, South 89 degrees 43 minutes 28 seconds West for a distance of
15.00 feet to the point of beginning. Containing 4508 square feet more or less.
The above described easement 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
Page 3 of 4
DESCRIPTION OF THE LIEBL TEMPORARY CONSTRUCTION EASEMENT
A Temporary Construction Easement located in the Northwest quarter of Section 8, Township 6
North, Range 68 West of the Sixth Principal Meridian, Larimer County, Colorado, the said
Temporary Construction Easement is also a portion of that certain tract of land described in a
Warranty Deed recorded July 31, 1991 at Reception No. 91035551, ,records of the Clerk and
Recorder of the said Larimer County, more particularly described as follows;
Commencing at the northwest corner of the said Section 8; THENCE along the west line of the said
northwest quarter South 00 degrees 01 minutes 58 seconds West for a distance of 861.68 feet to the
northwest corner of the said tract described at Reception No. 91035551; THENCE along the north
line of the said tract described at Reception No. 91035551, North 89 degrees 43 minutes 28 seconds
East for a distance of 45.00 feet to the east line of the proposed Permanent Utility Easement to be
granted to the City of Fort Collins and to the TRUE POINT OF BEGINNING of this description;
THENCE along the said proposed east line, South 00 degrees 01 minutes 58 seconds West for a
distance of 300.56 feet; THENCE leaving the said proposed east line, South 89 degrees 58 minutes
02 seconds East for a distance of 15.00 feet;THENCE North 00 degrees 01 minutes 58 seconds East
for a distance of 300.64 feet to the said north line of the said tract described at Reception No.
91035551; THENCE along the said north line, South 89 degrees 43 minutes 28 seconds West for
a distance of 15.00 feet to the point of beginning. Containing 4509 square feet more or less.
The above described easement 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
Page 4 of 4