HomeMy WebLinkAbout116 - 07/20/2004 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY FOR THE CONSTRU ORDINANCE NO. 116, 2004
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 DRY CREEK DRAINAGE IMPROVEMENTS PROJECT
WHEREAS, the construction of the Dry Creek Drainage Improvements Project (the
"Project") is scheduled to start in 2004; and
WHEREAS,the Project includes modifications to Douglas Reservoir Dam,construction of
two detention ponds, installation of a SCADA system, construction of an irrigation water supply
pipeline from Reservoir#4 to Terry Lake,and construction of open channels carry the flow from the
Larimer&Weld Canal to the Poudre River; and
WHEREAS, it is necessary for the City to acquire certain property rights hereinafter
described for the purpose of constructing the Project; and
WHEREAS, the City will negotiate in good faith for the acquisition of said property rights
from the owners thereof; and
WHEREAS, the acquisition of the property rights is desirable and necessary for the
construction of the Project,is in the City's best interest and enhances public safety and welfare; and
WHEREAS, the acquisition of such property rights 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 property rights described on attached Exhibits"A"through"E",copies
of which are on file in the office of the City Clerk and incorporated herein by this reference, for the
purpose of constructing the Project.
Section 2. That the City Council hereby authorizes the City Attorney and other appropriate
officials of the City to acquire the said property rights for the City by eminent domain proceedings.
Section 3. The City Council finds, in the event that acquisition by condemnation of the
property rights described in this Ordinance is commenced, that immediate possession is necessary
for the public safety and welfare.
Introduced, considered favorably on the first reading and ordered published this 6th day of
July, A.D. 2004, and to be presented for final passage on the 20th day of July, A.D. 2004.
Mayor
A EST:
d
City Clerk-
Passed and adopted on final reading this 20th day of July, A.D. 2004.
Mayo
ATTEST:
ILL
City Clerk
PERMANENT ACCESS EASEMENT
E)=IT A
DESCRIPTION:
A tract of land located in the Northwest Quarter of Section 22, Township 8 North, Range
69 West of the 61h Principal Meridian, County of Latimer, State of Colorado and being
more particularly described as follows:
Considering the north line of the Northwest Quarter of said Section 22 as bearing South
88°46'13" East and with all bearings herein contained relative thereto.
Commencing at the North Quarter of said Section 22, from a found 2-1/2" aluminum cap
in range box (PLS5028), dated 2002, thence along the north line of the northwest quarter
of said Section 22,North 88°46'13" East, 936.09 feet,thence departing said north line,
South 02008'18" East, 30.05 feet to a point on the south right of way line for West
County Road 56 and the POINT OF BEGINNING of a strip of land 20.00 feet in width,
lying east of,perpendicular to and adjacent with the following described line; continuing
South 02008'18" East, 216.08 feet, thence South 90°00'00"East, 127.96 feet to a point
which lies 20.00 feet West of and perpendicular to the East line of that parcel described at
reception number 92011425, on file at the Larimer County Clerk and Recorder; thence
continuing and being 20.00 feet from and parallel to said East line the following one (1)
call, South 05°31'21" East, 1197.02 feet; thence, South 49'03'35" West, 182.47 feet;
thence, South 40'06'15"East, 82.60 feet;thence, South 20°l l"32" East, 89.44 feet;
thence, South 39°33'25"East, 61.31 feet;thence, South 64°45'21" East, 52.21 feet to a
point which lies 20.00 feet West of and perpendicular to said East line of that parcel
described at reception number 92011425;thence continuing and being 20.00 feet from
and parallel to said East line the following two (2) calls, South 05°31'21"East, 40.16 feet
to a curve concave to the East having a central angle of 06°03'16", a radius of 5799.58
feet and the chord of which bears South 08°32'59"East, 612.55 feet;thence along the arc
of said curve, 612.83 feet;thence, South 35°06'12"West, 40.98 feet to the POINT OF
TERMINUS of said line.
The above described tract contains 1.243 acres,more or less, and is subject to all
easements and rights of way now on record or in place.• f pq �.
Ov r %' Vj0 F`
V U
.fl ' 37053 p, ¢�
>°
Michael David Lang: Colorado ProfessioA Land Surveyor Reg. No. 37053 �ss�''•. �...•'f�J
°hAL LANp
L:\SURVEY\E)=ITS\187310058\E=IT-A-ACCESS.doc kjUmdl/mpm
TEMPORARY ACCESS EASEMENT
EXHIBIT B
DESCRIPTION:
A tract of land located in the Northwest Quarter of Section 22, Township 8 North, Range
69 West of the 6`h Principal Meridian, County of Larimer, State of Colorado and being
more particularly described as follows:
Considering the north line of the Northwest Quarter of said Section 22 as bearing South
88046'13" East and with all bearings herein contained relative thereto.
Commencing at the North Quarter of said Section 22, from a found 2-1/2" aluminum cap
in range box (PLS 5028), dated 2002, thence along the north line of the northwest quarter
of said Section 22,North 88°46'13"East, 936.09 feet,thence departing said north line,
South 02°08'18" East, 30.05 feet to a point on the south right of way line for West
County Road 56, thence along said right of way, South 88°46'13"East, 20.03 feet to the
POINT OF BEGINNING of a strip of land 30.00 feet in width,the centerline of which is
described as follows: South 45°43'57"East, 154.46 feet to a point which lies 15.00 feet
West and perpendicular to the East line of that parcel described at reception number
92011425, on file at the Larimer County Clerk and Recorder; thence continuing and
being 15.00 feet from and parallel to said East line, South 05°31'21"East, 88.09 feet to
the POINT OF TERMINUS, excluding that portion lying within the prescriptive right of
way for West County Road 56.
The above described tract contains 7,043 square feet, more or less, and is subjecetoa
easements and rights of way now on record or in place.
7 37053 phi
Michael David Lang: Colorado Profession and Surveyor Reg.No. 37053 °� 7';!
S Z i 4;SJ�
L:\SURVEY\E)=ITS\187310058\E)UMIT-B-30'TCE.doc kjl/mdl/mpm 6/15/04
TEMPORARY ACCESS AND CONSTRUCTION EASEMENT
E3 MIT C
DESCRIPTION:
A tract of land located in the Northwest Quarter of Section 22,Township 8 North, Range
69 West of the 6a'Principal Meridian, County of Latimer, State of Colorado and being
more particularly described as follows:
Considering the north line of the Northwest Quarter of said Section 22 as bearing South
88°46'13"East and with all bearings herein contained relative thereto.
Commencing at the North Quarter of said Section 22, from a found 2-1/2" aluminum cap
in range box (PLS5028), dated 2002, thence along the north line of the northwest quarter
of said Section 22,North 88°46'13"East, 936.09 feet,thence departing said north line,
South 02'08'18"East, 30.05 feet to a point on the south right of way line for West
County Road 56,thence continuing South 02'08'18"East,216.08 feet,thence South
90°00'00"East, 127.96 feet to a point on a line which lies 20.00 feet West of and
perpendicular to the East line of that parcel described at reception number 92011425, on
file at the LarimeF County Clerk and Recorder said point also the POINT OF
BEGINNING of a strip of land 10.00 feet in width,lying West of, perpendicular to and
adjacent with the following described East control line,thence continuing and being
20.00 feet from and parallel to said East line of that parcel described at reception number
92011425 the following two (2) calls, South 05'31'21"East, 1072.95 feet to the
beginning of a strip of land 108.00 feet in width lying west of,perpendicular to and
adjacent with the following described line; South 05"31'21"East, 124.07 feet;thence,
South 49°03'35"West, 117.57 feet to the beginning of a strip of land 10.00 feet in width
lying west of,perpendicular to and adjacent with the following described line; thence,
South 49-03'35"West, 64.90 feet; thence, South 49058'05"West, 10.00 feet to the
POINT OF TERMINUS of said East control line.
The above described tract contains 0.724 acres, more or less, and is subject to all o
easements and rights of way now on record or in place. .RN%-
id
Michael David Lang: Colorado Profess' Land Surveyor Reg.No. 37053
v 0 yJ
L_\SURVEY\EXEBTTS\187310058\E)=IT-C-TCE.dockjUmdllmpm 6!15/04
PERMANENT IMPROVEMENT EASEMENT
EXHIBIT D
DESCRIPTION:
A tract of land located in the Northwest Quarter of Section 22, Township 8 North, Range
69 West of the 6`h Principal Meridian, County of Latimer, State of Colorado and being
more particularly described as follows:
Considering the north line of the Northwest Quarter of said Section 22 as bearing South
88°46'13"East and with all bearings herein contained relative thereto.
Commencing at the North Quarter of said Section 22, from a found 2-1/2" aluminum cap
in range box (PLS5028), dated 2002,thence along the north line of the northwest quarter
of said Section 22,North 88°46'13"East, 802.42 feet to the northwest corner of that
parcel described at Reception Number 92011425 on file at the Latimer County Clerk and
Recorders Office;thence along the East line of said parcel South 05°3l'21" East,
1817.26 feet to the beginning of a curve concave to the east,having a central angle of
06°32'59", a radius of 5779.58 feet and the chord of which bears South 08°47'50" East,
660.33 feet; thence along the are of said curve 660.69 feet; thence South 12°04'20"East,
209.84 feet to the Southwest Comer of said parcel; thence along the South.line of said
Parcel,North 89°00'22" West, 122.49 feet thence departing said South line,North
00°00'00"West, 5.75 feet to the POINT OF BEGINNING;thence,North 89'19'02"
West, 179.49 feet; thence,North 00°40'58"East,22.09 feet; thence,North 88°52'58"
West, 288.24 feet;thence,North 25°06'32" West,44.66 feet; thence,North 86°57'25"
East, 349.85 feet;thence,North 31°25'21"West, 34.75 feet;thence,North 42°49'01"
East, 66.01 feet;thence, South 61°33'24"East, 51.93 feet; thence,North 46°55'39"East,
108.21 feet;thence, South 54°53'48"East, 38.38 feet,thence, South 27°31'05" West,
113.91 feet; thence, South 34°31'25"East, 57.38 feet; thence, South 29°23'10" West,
52.49 feet to the POINT OF BEGINNING.
The above described tract contains 1.037 acres, more or less, and is subject to all
easements and rights
//oof/f way now on record or in place. ov �
.
37053 pS
Michael David Lang: Colorado Prof tonal Land Surveyor Reg. No. 37053 6�IYA ' jQ
'no 5J
�WAL LAB
L:\SURVEY\EXHIBITS\187310058\EXHIBIT-D-DAM.doc kjl/mdl/mpm 6/15/04
PERMANENT STORMWATER AND CONSTRUCTION EASEMENT
E,=IT E
DESCRIPTION:
A tract of land located in the Northwest Quarter of Section 22, Township 8 North,Range
69 West of the 6`h Principal Meridian, County of Latimer, State of Colorado and being
more particularly described as follows:
Considering the north line of the Northwest Quarter of said Section 22 as bearing South
88°46'13"East and with all bearings herein contained relative thereto.
Commencing at the North Quarter of said Section 22, from a found 2-1/2" alumimun cap
in range box (PLS5028), dated 2002,thence along the north line of the northwest quarter
of said Section 22,North 88°46'13"East, 802.42 feet to the northwest comer of that
parcel described at Reception Number 92011425 on file at the Larimer County Clerk and
Recorders Office; thence along the East line of said parcel, South 05°31'21"East,
1817.26 feet to the beginning of a curve concave to the east,having a central angle of
06°32'59", a radius of 5779.58 feet and the chord of which bears South 08°47'50"East,
660.33 feet; thence along the are of said curve 660.69 feet;thence South 12°04'20"East,
209.84 feet to the Southwest Comer of said parcel;thence along the South.line of said
parcel,North 89°00'22"West, 122.49 feet thence departing said South line,North
00°00'00" West, 5.75 feet;thence,North 89°19'02" West, 179.49 feet; thence, North
00°40'58"East,22.09 feet;thence,North 88°52'58" West, 288.24 feet; thence, North
25°06'32" West,44.66 feet to the POINT OF BEGINNING; thence,North 26°52'55"
West, 274.56 feet; thence, South 51°19'01" West, 141.44 feet; thence,North 89°26'58"
West, 21.04 feet to the West line of that parcel described at reception munber 92011425,
on file at the Larirner County Clerk and Recorder; thence along said West line, North
00°45'00"East, 554.47 feet; thence departing said West line,North 64024153" East,
344.43 feet;thence,North 49°58'05"East, 271.01 feet,thence, South 40'06'15"East,
82.60 feet; thence, South 20°11'32"East, 89.44 feet; thence, South 39°33'25" East, 61.31
feet; thence, South 64°45'21"East, 52.21 feet to a point which lies 20.00 feet West of
and perpendicular to the East line of that parcel described at reception number 92011425,
on file at the Latimer County Clerk and Recorder; thence continuing and being 20.00 feet
from and parallel to said East Line the following two (2) calls; South 05°31'21"East,
40.16 feet to a curve concave to the East having a central angle of 06'03'16", a radius of
5799.58 feet and the chord which bears South 08°32'59"East, 612.55; thence along the
are of said curve, 612.83 feet;thence, South 35°06'12" West, 40.98 feet;thence,North
54°53'48" West, 13.10 feet;thence, South 46°55'39"West, 108.21 feet; thence,North
61°33'24" West, 51.93 feet; thence, South 42°49'01" West, 66.01 feet; thence, South
31°25'21"East, 34.75 feet; thence, South 86°57'25" West, 349.85 feet to the POINT OF
BEGINNING.
The above described tract contains 13.255 acres,more or less, and is subject Call
easements and rights of way now on record or in place.
Z
�S.�/�G Michael David Lang: Colorado Prof Tonal Land Surveyor Reg.No. 37053L:\SURVEY\E,'=I'rS\l87310058\E)UIIBIT-E-POOL.doe kjl/mdl/mpm 6