HomeMy WebLinkAbout057 - 07/05/2005 - AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY FOR THE CONSTRUCTIO ORDINANCE NO. 057, 2005
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 - EAST VINE DIVERSION CHANNEL
WHEREAS, the construction of the Dry Creek Drainage Improvements Project (the
"Project") is scheduled to start in 2005; and
WHEREAS, the Project includes modifications to Douglas Lake spillway, 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 to carry stormwater
flows from the Larimer& Weld Canal to near the confluence of Dry Creek and the Poudre River;
and
WHEREAS, it is necessary for the City to acquire certain property rights hereinafter
described in the incorporated exhibits 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" and "B", 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 17th day of
May, A.D. 2005, and to be presented for final passage on the 5th day of July, A.D. 2005.
Ma
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City Clerk
Passed and adopted on final reading this 5Wdayoy, A.D. 2005.
Mayor
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City Clerk
Stantec Consulting Inc. EXHIBIT "A„
209 South Meldrum Street
Fort Collins CO 80521-2603
Tel:(970)482-5922 Fax:(970)482-6368
stantec.com
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StaMec
DESCRIPTION
A tract of land located in the Northeast Quarter of Section 6, Township 7 North, Range
68 West of the 61h Principal Meridian, County of Larimer, State of Colorado being more
particularly described as follows;
Basis of Bearings: The West line of the Northwest Quarter of said Section 6 being
monumented at the Northwest Corner of Section 6 by a 3 %4" brass cap in range box
stamped "PLS 20123 , 1989" , and at the West '/4 corner of Section 6 by an illegible 3 '/4"
cap in asphalt, in the centerline of Lemay Ave, with a line between assumed to bear,
South 00°34'01" West , with all bearings herein relative thereto;
COMMENCING at the Northwest Corner of said Section 6, Thence South 00°34'01"
West, 1971.13 feet along the West line of the Northwest Quarter of said Section 6, to the
Southwest Corner of the North Half of the South Half of the North Half of said Section 6
as shown on the plat of Lindenwood Second Filing recorded at Book 1399, Page 481 of
the records of Larimer County, Thence North 89°41'31"East, 2715.48 feet along the
South line of the North Half of the South Half of the North Half of said Section 6, to the
Southeast Corner of said Lindenwood Second Filing, also being the Southwest Corner of
Lindenwood Third Filing recorded at Book 1835, Page 945 of the records of Larimer
County; Thence North 89°41'31" East, 1189.55 feet along the South line of the North
Half of the South Half of the North Half of said Section 6 and the South line of said
Lindenwood Third Filing, to the Northwest Corner of that parcel described at Reception
No.99038798, of the records of Larimer County; Thence South 00°53'29" West, 10.70
feet along the West line of said Rec No. 99038798 to and existing fence, and the TRUE
POINT OF BEGINNING,
Thence South 00053'29" West, 76.47 feet along the Westerly line of said parcel
described at Rec. No. 99038798 of the records of Larimer County;
Thence departing said Westerly line North 88005'26" East, 400.45 feet;
Thence North 88°45'09" East, 91.80 feet;
Page 1 of 3
-SUinfec
Thence North 75°06'21"East 149.46 feet;
Thence North 62'l I'16" East, 79.74 feet;
Thence South 89041'31" West, 229.61 feet;
Thence South 16151'55" West, 6.67 feet to an existing fence running in a Easterly and
Westerly;
Thence South 89'10'12" West, 474.29 feet along said fence running Easterly and
Westerly to the TRUE POINT OF BEGINNING•
The above-described tract contains 1.028 acres, more or less, and is subject to all
easements and rights of way of record or existing.
Thomas W. Nicholas
Colorado Professional Land Surveyor Registration Number 28657 �� R i
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Stantec Consulting Im EXHIBIT "B"
i 209 South Meldrum Street
Fort Collins CO 80521-2603
Tel:(970)482-5922 Fax:(970)482-6368
stantec.com
Stantec
DESCRIPTION
A tract of land located in the Northeast Quarter of Section 6, Township 7 North, Range
68 West of the 6th Principal Meridian, County of Latimer, State of Colorado being more
particularly described as follows;
Basis of Bearings: The West line of the Northwest Quarter of said Section 6 being
monumented at the Northwest Corner of Section 6 by a 3 %4 " brass cap in range box
stamped "PLS 20123 , 1989" , and at the West %4 comer of Section 6 by an illegible 3 %4"
cap in asphalt, in the centerline of Lemay Ave, with a line between assumed to bear,
South 00°34'01" West , with all bearings herein relative thereto;
COMMENCING at the Northwest Corner of said Section 6, Thence South 00°34'01"
West, 1971.13 feet along the West line of the Northwest Quarter of said Section 6, to the
Southwest Corner of the North Half of the South Half of the North Half of said Section 6
as shown on the plat of Lindenwood Second Filing recorded at Book 1399, Page 481 of
the records of Latimer County, Thence North 89°4 P31"East, 2715.48 feet along the
South line of the North Half of the South Half of the North Half of said Section 6, to the
Southeast Corner of said Lindenwood Second Filing, also being the Southwest Comer of
Lindenwood Third Filing recorded at Book 1835, Page 945 of the records of Larimer
County; Thence North 89°4 P31" East, 1189.55 feet along the South line of the North
Half of the South Half of the North Half of said Section 6 and the South line of said
Lindenwood Third Filing, to the Northwest Corner of that parcel described at Reception
No.99038798, of the records of Larimer County; Thence South 00°53'29" West, 87.18
feet along the West line of said parcel to the TRUE POINT OF BEGINNING,
Thence departing said West line North 88°05'26" East 400.45 feet;
Thence North 88°45'09"East, 91.80 feet;
Page 1 of 3
Stwtec
Thence North 75006'21" East 149.46 feet;
Thence North 62011'10" East, 79.74 feet to the aforementioned South line of the North
Half of the South Half of the North Half of said Section 6, and the South line of said
Lindenwood Third Filing;
Thence along said South line,North 89°41'31"East, 33.21 feet;
Thence South 25°06'22" West, 24.31 feet;
Thence South 62°11'10" West, 93.20 feet;
Thence South 75006'21" West, 156.45 feet;
Thence South 88°45'09" West, 95.22 feet;
Thence South 88'05'26" West, 401.75 feet to the aforementioned West line of that parcel
described at Reception No. 99038798;
Thence North 00°53'29"East, 30.04 feet along said West line to the TRUE POINT OF
BEGINNING;
The above-described tract contains 0.514 acres,more or less, and is subject to all
easements and rights of way of record or existing. ``````��t:u 1R11.111//''
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Thomas W.Nicholas
Colorado Professional Land Surveyor Registration Number 28657
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