HomeMy WebLinkAbout055 - 04/15/2003 - AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY FOR THE CONSTRUCTIO ORDINANCE NO. 055, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS
OF CERTAIN LANDS NECESSARY FOR THE CONSTRUCTION OF
PUBLIC IMPROVEMENTS IN CONNECTION WITH THE NORTH COLLEGE
IMPROVEMENTS PROJECT
WHEREAS, the North College Improvements Project (the "Project") is scheduled to start
in the summer of 2003; and
WHEREAS, the Project includes the addition of sidewalks, bike lanes, access and
drainage improvements and roadway construction on North College Avenue; and
WHEREAS, it is necessary for the City to acquire certain property (the "Property")
described on Exhibit "A", attached hereto and incorporated herein by this reference, for the
purpose of constructing street, drainage and other related improvements in connection with the
Project; and
WHEREAS, the City will negotiate in good faith for the acquisition of said Property
from the owners thereof; and
WHEREAS, the acquisition of the Property is desirable and necessary for the
construction of the Project, is in the City's best interest and enhances the public health, safety
and welfare; and
WHEREAS, the acquisition of the Property 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 Property for the purpose of constructing the Project and other
related improvements.
Section 2. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the Property 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 is necessary for the
public health, safety and welfare.
Introduced, considered favorably on first reading, and ordered published this lst day of
April, A.D. 2003, and to be presented for final passage on the 15th day of April, A.D. 2003.
Pi
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Mayor
A EST:
City Clerk
Passed and adopted on final reading this 15th day of April, A.D. 2003.
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Mayor
A EST:
City Clerk
EXHIBIT "A"
Page 1 of 6
DESCRIPTION OF PARCEL NO. 4 PROJECT NO. STA 0142-039, THE GARNER
TRACT
A tract of land being Parcel No. 4 Of the Department of
Transportation, State of Colorado, Project No. STA 0142-039, located
in the Northwest quarter of Section 12 , Township 7 North, Range 69
West of the Sixth Principal Meridian, City of Fort Collins, Larimer
County, Colorado, the said tract is also located in that certain
tract of land described in a Warranty Deed recorded December 8 , 1983
in Book 2249 at Page 0969 records of the Clerk and Recorder of the
said Larimer County, being more particularly described as follows;
Considering the west line of the said northwest quarter of Section
12 as bearing North 00 degrees 23 minutes 57 seconds East between a
found 3" brass cap monument at the west quarter corner of the said
Section 12 and a found 3 1/4" brass cap monument, at the northwest
corner of the said Section 12, based upon G.P.S . observation;
Commencing at the said northwest corner of Section 12 ;
THENCE along the west line of the said northwest quarter, South
00 degrees 23 minutes 57 seconds West for a distance of 1245 . 53
feet;
THENCE South 89 degrees 36 minutes 03 seconds East for a
distance of 40 . 00 feet to the northwest corner of the said tract
described in Book 2249 at Page 0969 and to the TRUE POINT OF
BEGINNING of this description;
THENCE along the north line of the said tract described in Book
2249 at Page 0969, South 89 degrees 36 minutes 03 seconds East for
a distance of 2 . 06 feet;
THENCE leaving the said north line, South 05 degrees 44 minutes
55 seconds West for a distance of 22 . 11 feet to the west line of the
said tract described in Book 2249 at Page 0969;
THENCE along the said west line, North 00 degrees 23 minutes 57
seconds East for a distance of 22 . 01 feet to the point of beginning.
Containing 23 square feet more less .
The above described tract 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.
WALLACE C. MUSCOTT COLORADO P.L. S . 17497
P.O. BOX 580 FORT COLLINS, CO 80522
EXHIBIT "A"
Page 2 of 6
DESCRIPTION OF PARCEL NO. 4A PROJECT NO. STA 0142-039, THE GARNER
QUIT CLAIM DEED
A tract of land being Parcel No. 4A Of the Department of
Transportation, State of Colorado, Project No. STA 0142-039, located
in the Northwest quarter of Section 12, Township 7 North, Range 69
West of the Sixth Principal Meridian, City of Fort Collins, Larimer
County, Colorado, the said tract is also located north of that
certain tract of land described in a Warranty Deed recorded December
8 , 1983 in Book 2249 at Page 0969 records of the Clerk and Recorder
of the said Larimer County, and south of that certain tract of land
described in a Quit Claim Deed recorded February 24 , 1994 at
Reception No. 94017011 being more particularly described as follows;
Considering the west line of the said northwest quarter of Section
12 as bearing North 00 degrees 23 minutes 57 seconds East between a
found 3" brass cap monument at the west quarter corner of the said
Section 12 and a found 3 1/4" brass cap monument, at the northwest
corner of the said Section 12, based upon G.P.S . observation;
Commencing at the said northwest corner of Section 12 ;
THENCE along the west line of the said northwest quarter, South
00 degrees 23 minutes 57 seconds West for a distance of 1245 . 53
feet;
THENCE South 89 degrees 36 minutes 03 seconds East for a
distance of 40 . 00 feet to the northwest corner of the said tract
described in Book 2249 at Page 0969 and to the TRUE POINT OF
BEGINNING of this description;
THENCE along the north line of the said tract described in Book
2249 at Page 0969, South 89 degrees 36 minutes 03 seconds East for
a distance of 2 . 06 feet; .
THENCE leaving the said north line, North 05 degrees 44 minutes
55 seconds East for a distance of 0 . 88 feet to the south line of the
said tract described at Reception No. 94017011;
THENCE along the said south line, North 89 degrees 36 minutes
03 seconds West for a distance of 2 . 14 feet to the west line of the
tract described at Reception No. 94017011;
THENCE along the existing right of way of North College Avenue,
South 00 degrees 23 minutes 57 seconds West for a distance of 0 . 88
feet to the point of beginning. Containing 2 square feet more less .
The above described tract 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.
WALLACE C. MUSCOTT COLORADO P.L.S . 17497
P.O. BOX 580 FORT COLLINS, CO 80522
EXHIBIT "A"
Page 3 of 6
DESCRIPTION OF PARCEL NO' s . TE4 AND TE4A PROJECT NO. STA 0142-039,
THE GARNER TEMPORARY CONSTRUCTION EASEMENTS
Two Temporary Construction Easements being Parcel No' s . TE4 and TE4A
Of the Department of Transportation, State of Colorado, Project No.
STA 0142-039, located in the Northwest quarter of Section 12,
Township 7 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the said easements
are also located in that certain tract of land described in a
Warranty Deed recorded December 8 , 1983 in Book 2249 at Page 0969
records of the Clerk and Recorder of the said Larimer County, being
more particularly described as follows;
Considering the west line of the said northwest quarter of Section
12 as bearing North 00 degrees 23 minutes 57 seconds East between a
found 3" brass cap monument at the west quarter corner of the said
Section 12 and a found 3 1/4" brass cap monument, at the northwest
corner of the said Section 12, based upon G. P.S . observation;
Commencing at the said northwest corner of Section 12;
THENCE along the west line of the said northwest quarter, South
00 degrees 23 minutes 57 seconds West for a distance of 1245 . 53
feet;
THENCE South 89 degrees 36 minutes 03 seconds East for a
distance of 40 . 00 feet to the northwest corner of the said tract
described in Book 2249 at Page 0969;
THENCE along the north line of the said tract described in Book
2249 at Page 0969, South 89 degrees 36 minutes 03 seconds East for
a distance of 2 . 06 feet to the east line of the proposed tract of
land to be acquired by the said City and to TRUE POINT OF BEGINNING
of this description;
THENCE continuing along the north line, South 89 degrees 36
minutes 03 seconds East for a distance of 0 . 33 feet;
THENCE leaving the said north line, South 00 degrees 16 minutes
49 seconds East for a distance of 101 . 54 feet;
THENCE North 89 degrees 57 minutes 52 seconds East for a
distance of 33 . 16 feet;
THENCE South 00 degrees 25 minutes 16 seconds East for a
distance of 58 . 89 feet to the south line of the said tract described
in Book 2249 at Page 0969;
THENCE along the said south line, North 89 degrees 36 minutes
03 seconds West for a distance of 48 . 60 feet to the west line of the
said tract;
THENCE along the said west line, North 06 degrees 40 minutes 36
seconds East for a distance of 100 . 60 feet;
THENCE continuing along the said west line, North 00 degrees 23
minutes 57 seconds East for a distance of 38 . 15 feet to the said
east line of the proposed tract of land to be acquired by the City;
THENCE along the said proposed east line, North 05 degrees 44
minutes 55 seconds East for a distance of 22 . 11 feet to the point of
beginning. Containing 3015 square feet more less .
TOGETHER WITH;
PAGE 1 OF 2
EXHIBIT "A"
Page 4 of 6
With the above described basis of bearings;
Commencing at the said northwest corner of Section 12 ;
THENCE along the west line of the said northwest quarter, South
00 degrees 23 minutes 57 seconds West for a distance of 1245 . 53
feet;
THENCE South 89 degrees 36 minutes 03 seconds East for a
distance of 40 . 00 feet to the northwest corner of the said tract
described in Book 2249 at Page 0969;
THENCE along the west line of the said tract, South 00 degrees
23 minutes 57 seconds West for a distance of 60 . 16 feet;
THENCE continuing along the said west line, South 06 degrees 40
minutes 36 seconds West for a distance of 100 . 60 feet to the south
line of the said tract;
THENCE along the said south line, South 89 degrees 36 minutes
03 seconds East for a distance of 171 . 00 feet to the east line of
the said tract;
THENCE along the said east line, North 00 degrees 23 minutes 57
seconds East for a distance of 42 . 66 feet to the TRUE POINT OF
BEGINNING of this description;
THENCE continuing along the said east line, North 00 degrees 23
minutes 57 seconds East for a distance of 41 . 69 feet;
THENCE leaving the said east line, North 89 degrees 36 minutes
03 seconds West for a distance of 35 . 00 feet;
THENCE South 00 degrees 23 minutes 57 seconds West for a
distance of 41 . 69 feet;
THENCE South 89 degrees 36 minutes 03 seconds East for a
distance of 35 . 00 feet to the point of beginning. Containing 1459
square feet more less .
The above described tract 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.
WALLACE C. MUSCOTT COLORADO P.L.S . 17497
P.O. BOX 580 FORT COLLINS, CO 80522
PAGE 2 OF 2
EXHIBIT "A"
LOCATION SKETCH
NW CORNER GARNER TRACT
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THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY. U:\S7WPROJ\WALLY\NCOLLEGE\GARNER.DWG
EXHIBIT "A"
__._._..__..__._...__.._._....__......_.._.....................___.__....__.._..._ ____...__._____._._..._._.__...._.__.__.____.._._..__........_...____.....................__...._...._____._._.__._._.__.___..__.__._...
LOCATION SKETCH
GARNER TRACT
QUIT CLAIM DEED
74"*NW CORNER
12-7-69
W
Ln W
Ln J W
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> WEST LINE OF NW 1/4
12-7-69
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Ln
Q QUIT CLAIM
N DEED AREA
° z
2 SQ. .
CDFT SOUTH LINE OF
(n 0 _/ MCBRIDE TRACT
�o
-
NORTH LINE OF
GARNER TRACT
01 S89°36'03"E _ \
2.06 BUILDING
s N05044'55"E
0.88 N
3 N89°36'03"W
2.14
® S00023'57W
0.88
NTS
JANUARY 27, 2003
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
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