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Home My WebLink About005 - 01/16/2001 - AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN EASEMENTS NECESSARY FOR DRAINAGE IM ORDINANCE NO. 5, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN EASEMENTS NECESSARY FOR DRAINAGE IMPROVEMENTS TO SPRING CREEK AT LEMAY AVENUE WHEREAS,the construction of drainage improvements to Spring Creek at Lemay Avenue (the "Project") is scheduled to begin in the Winter-Spring of 2001; and WHEREAS, the proposed improvements will include repairs to the Spring Creek channel caused by the July 1997 flood,reinforcement of a retaining wall,reconstruction of the Spring Creek bike trail, and removal and relocation of sewer line and removal of a private access bridge which constrict the flood flow of Spring Creek, which improvements are necessary to prevent additional flooding and resultant property damage; and WHEREAS, the removal of the private access bridge will deprive the property presently served by the bridge of ingress and egress and as such, an alternative access is to be relocated in connection with the Project; and WHEREAS,it is necessary for the City to acquire temporary and permanent easements across certain property owned by the Spring Creek Health Care Center for the purpose of constructing the above described improvements in connection with the Project; and WHEREAS, the City has negotiated and will continue to negotiate in good faith for the acquisition of said easements across the property from the owner thereof; WHEREAS,the acquisition of these easements across the property is desirable and necessary for the improvements, is in the best interest of the city, and enhances the public health, safety and welfare; and WHEREAS, the acquisition of such easements, may, by law, be acquired through eminent domain proceedings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 temporary construction easement, a permanent utility easement and a permanent access easement across the property owned by Spring Creek Health Care Center as described in Exhibit "A" (consisting of 4 pages) and incorporated herein by this reference, for the purpose of making repairs Spring Creek and constructing related improvements in connection with the Project. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the said easements across the property for the City by eminent domain proceedings. Section 3. The City Council finds, in the event that acquisition by eminent domain proceedings of any property interest described in this ordinance is commenced, that the immediate possession of said property interest is necessary for the public health, safety and welfare. Introduced and considered favorably on first reading and ordered published this 2nd day of January, A.D. 2001, and to be presented for final passage on the 16th day of January, A.D. 2001. Mayor ATTEST: . 16"��M . City Clerk , Passed and adopted on final reading this 16th day of January, A.D. 2001. Mayor �� ATTEST: 14�4 )�". City Clerk Exhibit "A" Pa e 1 of 4 IL lilt It � III: f ' � Imo• � I I III11\.� r• t ' 1 ' �,�/ lA l�, I'� Q { JJ . \ ♦ I ,^3 . „ ♦ . l l I! 11 � �n n ♦ �.• y l . . 1 � II Y I It 9� n v v ♦ I ♦ \ I♦ v it l� 1 ,I tV ��I' I } ♦ ♦ ♦� ♦ ♦ ♦ i�l'�I r� ! 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III ' \\♦♦♦\ _ �_ -_ I Cl \ I ` \`, t ♦\ V ♦` \ Exhibit "A" Page 2 of 4 PROPERTY DESCRIP' ION Temporary Construction Easement (Lot 1-North Parcel) A parcel of land being part of Lot One(1),Replat of Springmeadows on Spring Creek,City of Fort Collins,County of Larimer,State of Colorado as recorded June 26,1972 in Book 1509 on Page 639 of the records of the Larimer County Clerk and Recorder(LCCR)and being part of the Northeast Quarter of the Northeast Quarter(NE 114 NEl/4)of Section Twenty-four(24), Township Seven North(T.7N.),Range Sixty-nine West(R.69W.)of the Sixth Principal Meridian(6th P.M.)and being more particularly described as follows: BEGINNING at the Northeast Comer of said Lot 1 and assuming the East line of said Lot 1 as bearing South 00"09'00"West a distance of 615.31 feet,as platted,with all other bearings contained herein relative thereto: THENCE South 00109'00"West along said East line a distance of 101.62 feet; THENCE South 89°04'37"West a distance of 16.53 feet to a Point of Curvature(PC); THENCE along the Arc of a curve which is concave to the North it distance of 5.45 feet,whose Radius is 20.00 feet,whose Delta is 15.36'13",and whose Long Chord bean North 83°07'17" West a distance of 5.43 feet to the Point of Tangency(PT); THENCE North 75°19'10"West a distance of 104.68 feet to a PC; THENCE along the Arc of a curve which is concave to the South a distance of 4.74 feet,whose Radius is 20.00 feet,whose Delta is 13°34'15",and whose Long Chord bears North 82.06118" West a distance of 4.73 feet to the PT; THENCE North 88'53'25"West a distance of 28.81 feet to the West line of said Lot 1; THENCE North 09014'30"Last along said West line a distance of 54.16 feet to the Northwest Comer of said Lot 1; THENCE North 82018'00"East along the North line of said Lot I a distance of 149.58 feet to the POINT OF BEGINNING. Said described parcel of land contains 11,732 Square Fen(0.269 Acres),more or less(t)and is subject to any rights-of-way or other casements as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE 1,Charles B.Jones,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge,information,belief,and in my professional opinion. Charles B.Jones 098 Colorado Register ssional q,•ti r Land Surveyor #220 �....... q►4t Latto ICING SURVEYORS,INC. 9299 Eastman Park Drive Windsor,Colorado 80550 (970)686-5011 Project Number:99155 (July 12,2000) (File:lot I-n.txt) Exhibit "A" Page 3 of 4 PROPERTY DESCRIPTI Y Permanent Easement (Lot l-South Parcel) A parcel of land being part of Lot One(1),Replat of Springmeadows on Spring Creek,City of Fort Collins,County of Larimer,State of Colorado as recorded June 26, 1972 in Book 1509 on Page 639 of the records of the Larimer County Clerk and Recorder(LCCR)and being part of the Northeast Quarter of the Northeast Quarter(NE t/4 NE1/4)of Section Twenty-four(24), Township Seven North(T.7N.),Range Sixty-nine West(R.69W.)of the Sixth Principal Meridian(6th P.M.)and being more particularly described as follows: BEGINNING at the Northeast Corner of said Lot 1 and assuming the East line of said Lot 1 as bearing South 00°09'00"West a distance of 615,31 feet,as platted,with all other bearings contained herein relative thereto: THENCE South 0o°09100"West along said East line a distance of 121.62 feet to the TRUE POINT OF BEGINNING: THENCE continuing South 00'09'00"West along said East line a distance of 12.26 feet; THENCE North 89151100"West a distance of 140.00 feet; THENCE South 00°09'00"West a distance of 17.00 feet; THENCE North 8905l'00"West a distance of 19.78 feet to the West line of said Lot l; THENCE North 00"00'00"East along said West line a distance of 57.03 feet; THENCE South B8053 25"East a distance of 29.28 feet to a Point of Curvature(PC); THENCE along the Arc of a curve which is concave to the South a distance of 4.74 feet,whose Radius is 20.00 feet,whose Delta is 13'34'15",and whose Long Chord bears South 82*06118" East a distance of 4.73 feel to the Point of Tangency(PT); THENCE South 7501910"East a distance of 105.05 feet to a PC; THENCE along the Arc of a curve which is concave to the North a distance of 5.45 feet,whose Radius is 20.00 feet,whose Delta is 15036'13",and whose Long Chord bears South 83°07'17" East a distance of 5.43 feet to the PT; THENCE North 89004'37"East a distance of 18.90 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 4,592 Square Feet(0.105 Acres),more or less(t)and is subject to any rights-of-way or other casements as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE 1,Charles B.Jones,a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge,information,belief,and in my professional opinion. s' Charles B.Jones := 2098 m: Colorado Registere kssional / Land Surveyor d2209 ��Nql LOO S KING SURVEYORS,INC. 9299 Eastman Park Drive Windsor,Colorado 80550 (970)686-5011 Project Number.99155 (July 12,2000) (File:lotl-2.txt) Exhibit "A Page 4 of 4 PROPERTY DESCRIP770N Permanent Easement A parcel of land being part of Lot One(1),Replat of Springmcadows on Spring Creek,City of Fort Collins,County of Larimer,State of Colorado as recorded June 26,1972 in Book 1509 on Page 639 of the records of the Larimer County Clerk and Recorder(LCCR)and being part of the Northeast QwuUr of the Northeast Quarter(NEll4 NE114)of Section Twenty-four(24),Township Seven North(T,7N.), Range Sixty-nine West(R.69W.)of the Sixth Principal Meridian(6th P.M.)and being more particularly described as follows: BEGINNING at the Northeast Comer of said Lot 1 and assuming the East line of said Lot 1 as bearing South 00,09'00"West a distance of 615.31 feet,w planed,with all other bearings contained herein relative thereto: THENCE South 00009'00"West along said East line a distance of 101,62 feet to the TRUE POINT OF BEGINNING: THENCE continuing South 00°09'00"West along said East line a distance of 20.00 feet; THENCE South 89"04'37"West a distance of 19,90 feet to a Point of Curvature(PC); THENCE along the An of a curve which is concave to the North a distance of 5.45 feet,whose Radius is 20.00 fat,whose Delta is 15.36'13",and whose Long Chord bears North 8300717"West a distance of 5.43 feet to the Point of Tangency(PT); THENCE North 75"19'10"West a distance of 105.05 feet to a PC; THENCE along the Arc of a curve which is concave to the South a distance of 4:74 feet,whose Radius is 20.00 feet,whose Delta is 13934'15",and whose Long Chord bears North 82.06'18*West a distance of 4.73 feet to the PT; THENCE North 88"53 25"West a distance of 29.28 feet to the West line of said Lot 1; THENCE North 09°14'30"East along said West line a distance of 20.20 feet; THENCE South 88"53 25"East a distance of 28.81 feet to a PC; THENCE along the Arc of a curve which is concave to the South a distance of 4.74 feet,whose Radius is 20.00 feet,whose Delta is 13°34'15",and whose Long Chord been South 82"06'18"East a distance of 4.73 fret to the PT; THENCE South 7501910"Fast a distance of 104.68 feet to a PC; THENCE along the Arc of a curve which is concave to the North a distance of 5.45 feet,whose Radius is 20.00 feet,whose Delta is 15"36'13",and whose Long Chord bears South 83*07'17"Fast a distance of 3.43 feet to the PT; THENCE North 89004'37"East a distance of 16.53 feet to the TRUE POINT OF BEGINNING. Said described parcel of land contains 3,237 Square Feet(0.074)Acres,more or less(t)and is subject to any rights-of-way or other eauments as granted or reserved by instruments of record or as now existing on said described parcel of land. SURVEYOR'S CERTIFICATE 1,Charles B.Jones,a Colorado Registered Professional Land Surveyor do hereby state that this Properly Description was prepared under my personal supervision and checking,and that it is true and correct to the best of my knowledge,information,belief,and in my professional opinion. Charles B.Jones Colorado Registered rI a 2F088 Land Surveyor #2209 �''�~•. ��0N41 IANfl SJ KING SURVEYORS,INC. 9299 Eastman Paris Drive Windsor,Colorado 80550 (970)686-5011 Project Number;99155 (Judy 12,2000) (File:latl-clxt)