HomeMy WebLinkAbout029 - 03/18/2008 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT TH ORDINANCE NO. 029, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN
PROCEEDINGS OF CERTAIN LANDS NECESSARY TO
CONSTRUCT THE FOSSIL CREEK TRAIL
WHEREAS, the City is expanding and furthering the connectivity of the City's master trail
system for use by the public in recreation and transportation; and
WHEREAS,the Fossil Creek Trail will be extended south from Fossil Canyon Park to CR-
38E (the "Project"); and
WHEREAS, in order for the City to construct the Project it is necessary for the City to
acquire certain property interests (the "Property") as described on Exhibit "A" attached and
incorporated herein by this reference; and
WHEREAS,the acquisition of the Property is desirable and necessary for the construction
of the Project and is in the City's best interest in order to promote public health,safety,and welfare;
and
WHEREAS,the acquisition of the Property may,by law,be accomplished through 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 described on the Exhibit"A"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 Property for the City by eminent domain.
Section 3. That the City Council finds, in the event that acquisition of the Property
described in this Ordinance is commenced by eminent domain, that immediate possession is
necessary for the public health, safety and welfare.
Introduced, considered favorably on first reading, and ordered published this 4th day of
March, A.D. 2008, and to be presented for final passage on the day of March, A.D. 8.
Mayo
ATTEST:
UL�g <y1t, . 'A A
City Clerk
Passed and adopted on final reading on the 18th day of)", A.D. 2008.
Mayor
ATTEST:
h.O� ��hZ"IOL
City Clerk
EXHIBIT A
A tract of land located in the southwest quarter of Section 33,
Township 7 North, Range 69 West of the Sixth Principal Meridian,
Larimer County, Colorado, being more particularly described as
follows;
Considering the north line of the said southwest quarter of Section
33 as bearing South 89 degrees 43 minutes 00 seconds West between
a 2. 5" Aluminum Cap Monument, PLS • 12374 at the center quarter
corner of Section 33,and a 3.51' Brass Cap HIM Monument at the west
quarter corner of Section 33 based upon GPS observation and City
of Fort Collins coordinate base, and with all bearings contained
herein relative thereto;
Commencing at the said center quarter corner of Section 33;
THENCE along the said north line of the southwest quarter of
Section 33, South 89 degrees 43 minutes 00 seconds West for a
distance of 639.85 feet to the southwest corner of the Plat of
Springfield Subdivision, Fifth Filing, a plat of record with the
Clerk and Recorder of the said Larimer County, and to the TRUE
POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE continuing along the said north line of the southwest
quarter, South 89 degrees 43 minutes 00 seconds West for a distance
of 50. 00 feet;
THENCE South 00 degrees 12 minutes 57 seconds West for a
distance of 23.72 feet to the apparent north right of way of
Larimer County Road 38E;
THENCE along the said apparent north right of way, North 84
degrees 43 minutes 00 seconds East for a distance of 50. 23 feet to
the southerly extension of the west line of the said Plat of
Springfield Subdivision, Fifth Filing;
THENCE along the said extended line, North 00 degrees 12
minutes 57 seconds East for a distance of 19. 34 feet to the point
of beginning. Containing 1, 076 square feet more or 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. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497� a G
P.O. BOX 580 FORT COLLINS, CO 80522 ��GA aisrgq�;r