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Home My WebLink About040 - 05/02/2000 - AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN EASEMENTS NECESSARY FOR THE LOCUST ORDINANCE NO. 40, 2000 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN EASEMENTS NECESSARY FOR THE LOCUST STREET OUTFALL STORM DRAINAGE IMPROVEMENTS WHEREAS, on January 7, 1993, Council adopted the Old Town Basin Master Drainage Plan, which would provide storm drainage protection within the Old Town Basin area; and WHEREAS, included among the capital projects in the Old Town Basin Master Drainage Plan was the Locust Street Outfall to provide major drainage improvements for the southeastern area of the Old Town Basin; and WHEREAS, on June 8, 1999, Ordinance No. 4 was adopted by the Stormwater Utility Enterprise, providing funding for the proposed improvements; and WHEREAS, it is necessary for the City to acquire certain easements hereinafter described for the purpose of construction of stormwater and wastewater improvements, and related improvements, in connection with the Locust Street Outfall; and WHEREAS, the City has previously negotiated in good faith for the acquisition of said easements, which negotiations have been unsuccessful; and WHEREAS, the acquisition of the easements is desirable and necessary for the construction of the improvements, is in the public interest and necessary for the above-described project, which will enhance the public health, safety and welfare; and WHEREAS, the acquisition of such easements may, by law, be accomplished though proceedings of 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 easements described on Exhibit "A", attached hereto and incorporated herein by this reference, (the "Easements"), for the public purpose of constructing, operating, and maintaining stormwater and wastewater improvements, and related improvements, across 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 Easements 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 the Easement is necessary for the public health, safety, and welfare. Introduced, considered favorably on first reading, and ordered published this 18th day of April A.D. 2000, and to be presented for final passage on the 2nd day of May, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 2nd day of May, A.D. 2000. Mayor ATTEST: �K�A City Clerk EXHIBIT"A" Page 1 of 7 DESCRIPTION: PERMANENT UTILITY EASEMENT-1 A Permanent Utility Easement being a portion of a tract of land described at Reception No. 91036970 on file at the Office of the Clerk and Recorder,Larimer County, Colorado located in the Northeast Quarter of the Northeast Quarter of Section 13,Township 7 North,Range 69 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 Northeast Quarter of said Section 13 as bearing South 18°40'34" West and with all bearings contained herein relative thereto: That portion of an easement 50 feet in width with foreshortened and prolonged sidelines to meet the East and West property line of said tract of land described at Reception No. 91036970 and shall be 25 feet each side measured at right angles and parallel with the centerline described as follows; Commencing at the Northeast corner of said Section 13:thence,South 51°46'21"West, 1483.08 feet to the POINT OF BEGINNING of said centerline; thence along said centerline, North 82002'48" West, 118.14 feet to the Point of Terminus of said centerline. The above described Permanent Utility Easement contains 5907 square feet more or less and is subject to all easements and rights-of-way now on record or existing. EXHIBIT "A" Page 2 of 7 DESCRIPTION: TEMPORARY CONSTRUCTION EASEMENT - 1 A Temporary Construction Easement being a portion of a tract of land described at Reception No. 91036970 on file at the Office of the Clerk and Recorder,Larimer County,Colorado located in the Northeast Quarter of the Northeast Quarter of Section 13,Township 7 North,Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: All of that tract of hnd described at said Reception No. 91036970, EXCEPTING the South 38 feet of said tract. The above described Temporary Construction Easement contains 0.991 acres more or less and is subject to all easements and rights-of-way now on record or existing. EXHIBIT"A" Page 3 of 7 DESCRIPTION: PERMANENT UTILITY EASEMENT-2 A Permanent Utility Easement being a portion of a tract of land described at Book 2289,Page 2383 on file at the Office of the Clerk and Recorder, Larimer County, Colorado located in the Northeast Quarter of the Northeast Quarter of Section 13, Township 7 North, Range 69 West of the 61h Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 13 as bearing South 18°40'34" West and with all bearings contained herein relative thereto: That portion of an easement 60 feet in width with foreshortened and prolonged sidelines to meet the Southerly line of that tract of land described at Reception No. 90038447 and the Railroad Northeasterly Right-of-Way line and shall be 30 feet each side measured at right angles and parallel with the centerline described as follows; Commencing at the Northeast corner of said Section 13;thence, South 72`49'30" West, 750.89 feet to the POINT OF BEGINNING of said centerline; thence along said centerline, South 32°16'56" West, 173.81 feet to the Point of Terminus of said centerline. The above described Permanent Utility Easement contains 10,184 square feet more or less and is subject to all easements and rights-of-way now on record or existing. EXHIBIT "A" Page 4 of 7 DESCRIPTION: TEMPORARY CONSTRUCTION EASEMENT-2 A Temporary Construction Easement being a portion of a tract of land described at Book 2289 at Page 2383 on file at the Office of the Clerk and Recorder,Larimer County,Colorado located in the Northeast Quarter of the Northeast Quarter of Section 13,Township 7 North,Range 69 West of the 6`h Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 13 as bearing South 18'40'34" West and with all bearings contained herein relative thereto: Commencing at the Northeast corner of said Section 13;thence, South 72°49'30" West, 750.89 feet to a point on the Southerly line of that tract of land described at Reception No. 90038447 on file at the Office of the Clerk and Recorder, Larimer County, Colorado, said point also being the POINT OF BEGINNING;thence along said Southerly line, South 42°27'41" East, 3.60 feet; thence, South 16°05'30"East,81.97 feet;thence,South 22°48'16"East,56.03 feet;thence departing said Southerly line,South 58°40'07" West, 126.69 feet to a point being on the Railroad Northeasterly Right-of-Way line;thence along said Right-of-way line,North 31°11'45" West,285.00 feet to a point on the West line of said Book 2289, Page 2383; thence along said West line, North 58°47'53" East, 54.49 feet to a point on said Southerly line of that tract of land described at Reception No. 90038447; thence along said Southerly line,South 85°41'57"East,64.14 feet;thence,South 65°27'33"East,67.85 feet; thence, South 42°27'41" East, 54.34 feet to the Point of Beginning. The above described Temporary Construction Easement contains 0.859 acres more or less and is subject to all easements and rights-of-way now on record or existing. SEAR—BROWN Exhibit "A" -6f 7 EXHIBIT NO. 1 AN EASEMENT BEING A PORTION OF A TRACT OF LAND DESCRIBED AT RECEPTION NO. 91036970, LOCATED IN THE NE 1/4 OF THE NE 1/4 OF SECTION 13, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6 th P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. APPROXIMATE LOCATION / OF PROPERTY LINE 1 41 Y''! }:} q..:a Y All t: Wi}:K TEMPORARY CONSTRUCTION NE CORNER EASEMENT SEC 13-T-7N-R69W SCALE: 1" = 60' (0.991 ACRES) MARCH 20. 2000 x •s s: � EXISTING FENCE ' A LINE l i Pq vE{IN£N ASPy co 2 me POINT OF rr ^ T EDCe�r T TERMINUS O ��A. i N 82'02'48" W N 118,14 j Q _ POINT OF r�Jo � q BEGINNING YI EXISTING FACE ,'. PERMANENT W •-....,.OF BUILDING UTILITY EASEMENT N O f 5907 S.F.) 8 FOUND N PROPERTY PIN n i 0 0 4AAG1 20. 00-JAA �7 EXHIBIT "A" Page 6 o cc Z <?Z-1 �O LL O H=F-a Q UO3U.0 m�01L0 F—W—oU aMM>- L cmOWZVW O Z O<UMa F=dWdN 0 CO o aNOCDW_ W .I� N x a W O cr l m ij W OO v-F=-'< "U Mays, SO^utr d z J w W Nil- b�9 �0 v a m m W O O z u' M.*F o 8 S /Sr3�3� v� Q Za~WH o3N171Sb� �WW3Z 1 0-a, moCOCDO QUmU ° mt c`s w U) W N WWO Z QaZZ a H oZ 2tiA$��E 11 ''N ' �w �-Z 5 56� V) oQ� ow a�g130"E L)<Q v oa-o n-m 516'p5 QZwoM Zw�w -�� .� WWmFo OJwZ� '60 ��`, r0 (/�WU W LA W W Cr 0 0 a1. 10 `• ,mod �j L,VI V)U -rOQ V QO rl, q '��• ice- `� �� OWOd' Z J U m Y V- �� !�. Z£ Ay , O=w02Q .ham `. F.� S+ try COO z PV r� C Z 2FfW W �`2¢ WD .• AO WU WWLL • , Q9 �� I Ly Z LOr< O W'* ( •` J coO in W i lu } M H O Q 1'C 0 Q c0 V O N V aJv 3 N0 1 � 0 Q Z � :r V to to > M l.. N O 0 O n a. 3,1, �� O Z O~ CLcr; 1D t �05 Z(x W W J N f J �� '}� FWa' N Q ZY �Om � VIQ'YQd' V�i)1 S X ui W w p W O 3 0 2 cr�: m li O d d'W0: U *KG'l-3SV3 SOLLO Sf1 99l-OLO i 9d' Q Z 00 J d 0 cC Exhibit "A" 7of7 College Avenue j I Remington Street I rn Matthews Street N v rt31- ffi- Pete Cr E NEn(p N rson Street r Ffl- N 0 fD L-—————1 Whedbee Street 3 rt I I a7l L fD (n � rh rt o IL O rr cn , N Smith Street rt O � C `° IE e-t T-L-1.T _ i J I I I! L—————-I Stover Street rn I I Cowan Street 3 0 o v o r reet I — rCr m (pf-- 3 1 I K' Endicott Street m T IT I ss ri /AzP �L----- i �, ---; r a ° / " n ID 33 ` MEn O Lemay Avenue 3' +Vj- r rD