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Home My WebLink About080 - 07/18/2000 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY FOR THE CONSTRU ORDINANCE NO. 80, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONNECTION WITH THE STREET OVERSIZING PROJECT - TIMBERLINE ROAD FROM HARMONY ROAD TO HARMONY DRIVE WHEREAS, the Street Oversizing Project -- Timberline Road from Harmony Road to Harmony Drive (the "Project") is scheduled to take place in the spring of 2001; and WHEREAS,the Project includes the widening of Timberline Road from Harmony Road to Harmony Drive; 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 RESOLVED 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 properties described on Exhibits"A"through"D",attached hereto and incorporated herein by this reference, for the purpose of constructing street improvements, bicycle, pedestrian and other related improvements for the Project, in connection with the above- described properties. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the said real properties for the City 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 said parcel(s) is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 20th day of June, A.D. 2000, and to be presented for final passage on the 18th day of July, A.D. 2000. ci'� o- Mayor . ., n_, ATTEST: lalh City Clerk Passed and adopted on final reading this 18th day of July, A,D. 2000. .ate l._ Mayor ATTEST: - 'Ax, lC I'll" s City Clerk — C-1i1e�G 11``';!!�j EXHIBIT A e Page 1 of 2 DESCRIPTION: SHANAHAN PROPERTY A tract of land located in the Southeast Quarter of Section 31, Township 7 North, Range 68 West of the 6th Principal Meridian,City of Fort Collins,County of Latimer,State of Colorado being,more particularly described as follows: Considering the East line of said Southeast Quarter as bearing North 00°19'55" East and with all bearings contained herein relating thereto: Commencing at the Southeast comer of said Section 31;thence along said East line,North 00°19'55" East, 579.38 feet;thence,North 89°28'05" West, 30.00 feet to a point on the West right-of-way line of TIMBERLINE ROAD and the POINT OF BEGINNING, said point also being,on the South line of that parcel of land described at Reception No. 93027387 on file at the Larimer County Clerk and Recorder Office; thence along said South line,North 89°28'05" West, 38.43 feet;thence departing said South line,North 01°52'24" East, 170.05 feet to a point on the North line of that parcel of land described at said Reception No. 93027387; thence along said North line, South 89' 28'05" East, 33.86 feet to a point on said West right-of-way line of TIMBERLINE ROAD; thence along said West right-of-way line, South 00°19'55" West, 170.00 feet to the Point of Beginning. The above described tract of land contains 6,144 square feet more or less and is subject to all easements and rights-of-way now on record or existing. EXHIBIT 823-001 DWG. NAME: SHANAHAN.DWG A p m D O r _Page 2 of 2 rrri 0 m D m - rrl O = CD _i 0 1 0 N Z 0 Z m Z M 2 1� m Z� Z ;o /r 00-n m oo -� O L4 --IU D 2 LACA -0 'O �� 0 co � O m m m m r r Z O mE\IWD ^ N O1'52'24" E 170.05' N o m cooKs SHAN PROP N 6,144 sq.ft. ��" 00 0.14\ 0cr\\ vo" S 00'19'55" W 170.00' m WEST LINE OFTIMBERLINE ROAD o 0 N 0019'55" E f 579.38' Z EAST LINE OF THE SE 1/4 OF SECTION 31 Y O m (BASIS OF BEARINGS) TI D 0t� ON n0M to Z ? N TIMBERLINE ROAD oco-4 o m=p zp vo mom w � orn � �Vy I m } OD I z v � v _ p OD r 0er N z m 000 w Om— _ z zcc-i z _ > M is �mm > X 0 co w N a0- o 70 m —1 m mm-1 u` �=rc Ln o mZm 00m my0 0rm Omm 0 yob Ozz ti j EXHIBIT B $ Page 1 of 2 DESCRIPTION: VOS PROPERTY A tract of land located in the Southeast Quarter of Section 31, Township 7 North, Range 68 West of the 6th Principal Meridian,City of Fort Collins,County of Larimer,State of Colorado being,more particularly described as follows: Considering the East line of the said Southeast Quarter as bearing North 00°19'55" East and with all bearings contained herein relative thereto: Commencing at the Southeast comer of said Section 31; thence,North 44' 33'46" West,42.50 feet to the POINT OF BEGINNING, said point being on the North light-of-way line of HARMONY ROAD; thence alone, said North right-of-way line, North 89' 2727" West, 79.79 feet; thence departing said North right-of-way line,North 45°00'10"E,42.51 feet;thence,North 00'26'24"East, 84.17 feet to a point on the North line of that parcel of land described at Reception No. 92057196 on file at the Larimer County Clerk and Recorder Office; thence alone, said North line,North 71° 09'04" East, 52.67 feet to a point on the West right-of-way line of TIMBERLINE ROAD; thence along said West right-of-way line, South 00' 19'55" West, 132.00 feet to the Point of Beginning. The above described tract of land contains 6,597 square feet more or less and is subject to all easements and rights-of-way now on record or existing. p 823-001 DWG. NAME: VOS.DWG EXHIBIT B CD o �P�ge 2 of N z > op >` M -i X r r r r r -1m 1 c LA A fJ D] _M Z m0a M rrl 00 n-i cn N 0 co)M s0 ID— co� mNj = D z 00 rrl �I CD V V . � 00 II�cil oZzzzm 'rye .po � � >riz .pmo -1 < LA 3m0r- 0 Ill 5zo X Co I-q 0 = > gym 'a ca 30' RIGHT �r N m:; - M OF WAY m a 0 z z 8 WIDTH w In 0 M { -1 3?rn 0Z� O'n z m = z Om0 m0 _q r0m0 D m-n pox OM>C -� too O rm r -1 z-I �-ai> znm pnmm 0 rrn O .r-- m0 (> to m m ca Z 0 ^'ail Z�-i � �Jn !A� .{ x con i a fm '' rn a -i 0 O D r 'n 0 O L3 a o r_ �m o°'•< Z _N N Z V. z p r ZO na'� p 0 \L5 m INTI WEST LINE OF TIMBERLINE ROAD o 0 10 O 0 oFz Z ;0 _ N00'19'55" E =<y W EAST LINE OF THE SE 1/4 OF SECTION 31 z (BASIS OF BEARINGS) 0 m ti TIMBERLINE ROAD N OD 0 m � w 0 IZ vm I X rn co EXHIBIT C 'a Page 1 of 2 DESCRIPTION: JAL PROPERTY A tract of land located in the Southeast Quarter of Section 31, Township 7 North, Range 68 West of the 6th Principal Meridian,City of Fort Collins,County of Latimer,State of Colorado being more particularly described as follows: Considering the East line of said Southeast Quarter as bearing North 00'19'55" East and with all bearings contained herein relative thereto: Commencing at the Southeast comer of said Section 31; thence along said East line, North 00' 19'55" East, 162.00 feet; thence,North 89°28'06" West, 30.00 feet to a point on the West right-of- way line of TIMBERLINE ROAD and the POINT OF BEGINNING said point also being on the South line of that parcel of land described at Reception No. 87062358 on file at the Latimer County Clerk and Recorder Office;thence along said South line, South 71°09'25" West, 52.67 feet; thence departing said South line,North 00'26'24"West, 15.30 feet;thence,North 01'52'24"East,202.23 feet to a point on the North line of that parcel of land described at said Reception No. 87062358;thence along said North line, South 89°28'05' East, 44.28 feet to a point on said West right-of-way line of TIMBERLINE ROAD;thence along said West right-of-way line,South 00°19'55"West,200.00 feet to the Point of Beginning. The above described tract of land contains 9,828 square feet more or less and is subject to all easements and rights-of-way now on record or existing. EXHIBIT Q 823-001 DWG. NAME: JAL.DWG ;ar In C Z� 1.9 Page 2 of 2 rrl m �02 m>0 m 0i Omr OZ ;p J o -0 0 lT-. N z1z �0 0x zM Ornr Om0 z Z�m `n oDx 00 Om0 > m � cn ni m 0 W N WOf VD 00 (A D OA �� > :U s N JcOJ r m D �1 O O � fJ m !d r O n U' N 01'52'24" E LA m m-D o m` 202.23' to aO Z N N'(D- 00 O 0m c0 z O NOD N Z Z Z O0 0 'O\ ONU O (� M yr~ �\ 200.00'� va S 00'19'55" W m v I WEST LINE OF TIMBERLINE ROAD on 0. O) OFF 00 N 00'19'55" E EAST LINE OF THE SE 1/4 OF SECTION 31 w z (BASIS OF BEARINGS) C O D 0 O N cn —I 00 0 TIMBERLINE ROAD =m 0 m0> Z 0-1 m w ;;0c=�> I Z -fMn0 J � <zpp OD Onzm on r>car- r ;mo� m .�movzo -o X = o = Na > zTm m ai cn >c)-4 D m-1zz nomm nm=m u'Ln O m- co o M-4 Z-4 00mm Qr-mN z I Nm $ 0 EXHIBIT D Page 1 of 2 DESCRIPTION: KNOLL PROPERTY A tract of land being a portion of LOT 5, HARMONY HALF ACRES, located in the Southeast Quarter of Section 31,Township 7 North,Range 68 West of the 6th Principal Meridian,City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of said LOT 5 which bears South 00°19'55" West, 85.05 feet and with all bearings contained herein relative thereto: BEGINNING at the Southeast comer of said LOT 5; thence along the South line of said LOT 5, North 89°28'05" West, 13.25 feet; thence, departing said South line,North 00' 18'13" East, 99.91 feet to a point on a non-tangent curve concave to the southwest,having a central angle of 83°29'26" a radius of 15.00 feet and the chord of which bears South 41°24'17" East, 19.97 feet; thence along said curve 21.86 feet to a point on the West right-of-way line of TIMBERLINE ROAD;thence along said West right-of-way line, South 00°19'55" West, 85.05 feet to the Point of Beginning. The above described tract of land contains 1,279 square feet more or less and is subject to all easements and rights-of-way now on record or existing. EXHIBIT 823-001 DWG. NAME: KNOLL.DWG D D = a Page 2 of 2 T m m N TT N i z > r m I _ 0 o D D r cn 1 0 o�x m ' m NVO D m r' \� O m "14' m Q °n a *i D m N o A z=" a ^0o Cl) m L2nI\ L3 `an Z C) W O � ;v WEST LINE OFTIMBERLINE ROAD oc I Z m u EAST UNE OF LOT 5 0" v X n o AND W. LINE OF f— p ,y TIMBERUNE ROAD _ =a00 (BASIS OF BEARINGS) NOO'19'55'E TIMBERLINE ROAD n m 935.86 in O O Zz > X -IID>� � o rnn-nn w n-100� CmZmo z'vWmm ipm Cl) on-0450 rrs rm- >rNMm Z `° D 71;r z 9 m �m�_� Or m z mL3-4Z> r X C� m _ c -0 D o v, r,, r z >n-�cl) m r; z m rn�?0o y —1 tzm ID ��z -1 ry tz c � ru = D n o Z m 0 O A Z Ln — ul brd ��G)>r :' Cl m ommcno C� o c ro M- Cal = > g m ~ LUA _ _ �r ty `r W Ln Gl O fA�j> r ,I( m r-1m J Z ru Cl -Z �, m =