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Home My WebLink About010 - 02/20/2007 - AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF FLOOD PLAIN EASEMENTS FOR THE FOSSIL CREEK ORDINANCE NO. 010, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN FLOOD PLAIN EASEMENTS NECESSARY TO CONSTRUCT THE FOSSIL CREEK DRAINAGE PROJECT construction of the Fossil Creek Drainage "Project")is scheduled (a Project the Proj WHEREAS, cons g J to start in the early part of 2007; and WHEREAS, the Project includes constructing two large culverts under the Union Pacific Railroad right-of-way embankment south of Trilby Road during the driest season of the year; and WHEREAS, the Project will result in boundary changes of the 100-year flood plain so that more than one hundred (100)homes will be removed from that 100-year flood plain; and WHEREAS, the Project construction requires that the City acquire certain flood plain easements (the "Property Rights"), described on Exhibit"A" and Exhibit`B" attached hereto and incorporated herein by this reference (the"Exhibits"); and WHEREAS, the City will negotiate in good faith with the owners for the acquisition of the Property Rights; and r Rights is desirable and necessary for the WHEREAS, the acquisition of the Property gh ary construction of the Project, is in the City's best interest and will enhance the public health, 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 the Exhibits 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 Rights for the City by eminent domain. Section3. That the City Council hereby finds that, in the event acquisition of the Property Rights by eminent domain is commenced,immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 6th day of February,A.D. 2007, and to be presented for final passage on the h day of February,A.D. 2007. /0'�/' May ATTEST: 4u e City Clerk Passed and adopted on final reading on the 20th day of February, A.D. 2007. Mayo ATTEST: - )�LaL City Clerk EXHIBIT "A" Page 1 of 2 EXHIBIT A DESCRIPTION A tract of land located in the West Half of Section 17,Township 6 North, Range 68 West of the 6°i Principal Meridian,City of Fort Collins,County of Latimer, State of Colorado,being more particularly described as follows: Considering the West line of the Northwest Quarter of said Section 17, as bearing South 00°02'50"East, and with all bearings herein relative thereto: Commencing at the Northwest Corner of said Section 17; Thence along said West line of the Northwest Quarter South 00°02'50"East a distance of 1320 feet to the North line of Tract 1 as shown on the Exemption Plat recorded at Book 2087 Page 776 of the Clerk and Recorders Office of Larimer County; Thence departing said West line North 89°50'47"East a distance of 50.0 feet to a point on the East Right of Way line for Timberline Road (aka County Road 11)as shown by an attached Deed of Dedication for said Exemption Plat recorded at Book 2087 Page 776; Thence along said East Right of Way line South 00°02'50"East a distance of 452.55 feet to the POINT OF BEGINNING; Thence North 89°56'13" East a distance of 36.03 feet; Thence South 48°40'56" East a distance of 250.0 feet; Thence South 32°43'12"East a distance of 347.0 feet; Thence South 49°35'10"East a distance of 450.0 feet; Thence South 37'49'11"East a distance of 171.43 feet to point on the Southeasterly line of that parcel described as Parcel 2 at Reception Number 2004-000 5 3 1 6 of the Clerk and Recorders Office of Larimer County; Thence along said Southeasterly parcel line South 44°56'08"West a distance of 57.31 feet; Thence departing said parcel line North 43°56'41"West a distance of 68.19 feet; Thence North 33°57'47"West a distance of 200.6 feet; Thence North 59°47'08"West a distance of 60.7 feet; Thence North 48°24'12"West a distance of 240.1 feet; Thence North 59°25'21"West a distance of 152.5 feet; Thence North 49°42'16"West a distance of 184.5 feet; Thence North 84°32'31"West a distance of 132.5 feet; Thence North 89°57'10" West a distance of 23.05 feet to the aforementioned East Right of Way line for Timberline Road(aka County Road 11), Thence along said East Right of Way line North 00°02'50" West a distance of 309.79 feet to the POINT OF BEGINNING. The above described parcel contains 2.559 acres,more or less,and is subject to all easements and rights of way of record or exisiting. Gary Faselt p qColorado Professional Land Surveyor Registration Number 25942 44nn •�0 , For and on behalf of Stantec Consulting Inc. Oy� Y FA •.'p�� V:\52873f\active\187310110\survey\exhib \EXHIBIT-A.doc KjVgf July 18,2006 2594 P 9 A REPRESENTATION OF EXHIBIT A Page 2 of 2 A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 17,TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE BTH PRINCIPAL MERIDIAN,CITY OF FORT COLLINS,COUNTY OF LARIMER,STATE OF COLORADO N NW CA SOC,17 w Nn O'IpMp NDBAR 9 J �N O /A'AL Ix" M% POINT OF o NI Ls IW7 oAWD=2 COMMENCEMENT ExEMPTDN PLAT :O N TRACT 1 CIO Cl� BOOK 2067 PAGE 776 A N 89'50.47" E wa'ITT 50.00' i0Ac.Es LUNUT CSCUE r____ ______ _ ______FT _______ _____ ______ ____ a III I I0 0 Ni00L II �ILIN PA AP1. S NI 8.-P Iona-ITT 1!6..., t I NIO m EMS,RICRI CF IMI UNE 71MBERUNE -•� ROM)IANA OR III if—CEA OCCo Cf"CATOl 9SM7 M770 POINT OF BEGINNING N 89'56'13" E 36.03' 4 E%EMP➢ON PLAT 4 TRACT BOOK 2087 PALE ]76 Wp 0 J I � I y POWRT L k DON1,A P. KOP1 EP EXHIBIT A PEr. NI,MeI.-, 20rn ann5,5!6 111.491 S.F. 9- '�'i 2.559 AC. S 89'S7'10" W 'p, 23.05' 7S?SO S 99. u �S Iif 50.0' tiA /p w'Rar vIX 9• O p0• •[. n a.T. l '. 9xom Nn9 2. N 59'47'08" W Lr 2pp j y9 30 UTVTVfaSEUExi N 435641 W R-7 a wA,FOR 68.19, I S 4CRi GILLINS BANIiA PION GSi. Bn14 P. s 44•56'0e" w woN1 a .v r-+ 57.3/' 3AALl nw .11 H I +I s µ V) NC I.LE" - O Ai BLPx PAMO nHo A.!o m N ux9, s EEs M1fI NUMI,ICR 2JLa suY MAIiLNNOo unxc 79usi Mo' E%EMPTON PLAT EC. 00000IDAB7 `` ��^ TRACT 2 BOOK 2057 PALE 776 L0i 4 M4ITLAND MRp-S-]J-SB j RECEPTION NUMBER FOS9L9'CREIX R[YR1pR S90]O6B0 20 xMd 2I co. an IA N 9ooK Ia79 rACE z70>9 o zoo' 300' aoo' 1,200! 0ppW0MrN �.,..xx...o,. ...... .xPA4! •reA1 p.WREv ,may A REPRESENTATION OF EAH'BITA FORT COLLINS COLOBAOI �LT11 87310110 y+pyRe2+�.. �. .SIL1R wlYvn FORT COLEEK RESERVOIR\1CINITVLdIW.LO B0621-ffiIIYd! �1IEA v\vn7n.xwnx I,m9M9\w•.+\..•+a\Iona-.MwIx.9 vx9Im9F uennl w EXHIBIT "B" Page 1 of 2 EXHIBIT B DESCRIPTION: A tract of land located in the West Half of Section 17,Township 6 North,Range 68 West of the 6"Principal Meridian,City of Fort Collins, County of Latimer, State of Colorado,being more particularly described as follows: Considering the West line of the Northwest Quarter of said Section 17, as bearing South 00'02'50"East, and with all bearings herein relative thereto: Commencing at the Northwest Corner of said Section 17; Thence along said West line of the Northwest Quarter South 00'02'50"East a distance of 1320 feet to the North line of Tract 1 as shown on the Exemption Plat recorded at Book 2087 Page 776 of the Clerk and Recorders Office of Latimer County; Thence departing said West line North 89'50'47"East a distance of 50.0 feet to a point on the East Right of Way line for Timberline Road (aka County Road 11) as shown by an attached Deed of Dedication for said Exemption Plat recorded at Book 2087 Page 776; Thence along said East Right of Way line South 00'02'50"East a distance of 452.55 feet; Thence North 89'56'13"East a distance of 36.03 feet; Thence South 48'40'56"East a distance of 250.0 feet; Thence South 32°43'12"East a distance of 347.0 feet; Thence South 49'35'10"East a distance of 450.0 feet; Thence South 37'49'11"East a distance of 171.43 feet to a point on the Southeasterly line of that parcel described as Parcel 2 at Reception Number 2004-0005316 of the Clerk and Recorders Office of Latimer County also being the Westerly line for Lot 4 Maitland MRD No. S-73-88 at Reception Number 89030880 of the Clerk and Recorders Office of Larimer County to the POINT OF BEGINNING; Thence South 29'01'13" East a distance of 85.75 feet; Thence South 42'20'44"East a distance of 234.87 feet; Thence North 64'45'05"West a distance of 83.65 feet; Thence North 70'36'15"West a distance of 37.80 feet; Thence North 38'54'42" West a distance of 205.32 feet to the aforementioned Westerly line of Lot 4 Maitland MRD No. S-73-88 at Reception Number 89030880; Thence along said Westerly line North 44'56'08"East a distance of 57.31 feet to the POINT OF BEGINNING. The above described parcel contains 0,284 acres, more or less,and is subject to all easements and rights of way of record or existing. Gary Faselt p Colorado Professional Land Surveyor Registration Number 25942 For and on behalf of Stantec Consulting Inc. 'Q�� !>`.;� V:\52873f\active\187310110\survey\exhibit\EXHIBIT-B.doc _ 2594 KjUgf July 19,2006 �� EXHIBIT'B" A REPRESENTATION OF EXHIBIT B Page 2 of 2 A TRACT OF LAND LOCATED IN THE WEST HALF OF SECTION 17,TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN,CITY OF FORT COLLINS,COUNTY OF iw AS.c.n LARIMER,STATE OF COLORADO 1"0" M N I/,'AG IN PMILE SIX IS INA,mice mox lu o: POINT OF to COMMENCEMENT EXEMPTION PLAT O ', ig4Ci O 1 O BOW 2087 PAGE ]]6 rnl N 89'50'47" E 50 00' JO` [C[JJUTI FiCe6C F i - -- - �---------T - ------- ----------------- \._NOP[-IT I LI'(W NI. ICT ! N UIU1 A � ti1 IJ INI. `IIUn-JO "Ill, I , a m CAST RIOIL W WAY LIKE MASESUNE ANN ROAD r. CA 11) P i i D P OIFO G"CEMG110N.2SP"m I N 89'56'13" E I 36.03' � EXEMPTION PLAT TRACT 1 � s� 900K 200] P<CE JJ6 Lr I LfIT. })N 4 6 L,J6 GlI,I.L1 r�rl I'll N RE.E3 l I J6 $�, I � I s rtI ►— so.o' pIQ CIA POINT OF SRO+ exax P07M BEGINNING t` I I EXHIBIT B LP 12,384 S.F. ��-J• 0.284 AC. �i r�S 44'56'08" W rU I T.'�pl,T I M CE wAr!M ; � vr.R'1 cnT.xs —S 29'01'13" E µuAroN«sT. S anl,P.Pa S 44'56'0B" W r 85.75' r 57,31 r °wnATIITIQ9.:mxs r IQ Ru a 37.80 " W \� F• Pill,wee N 70'36'15 'i 4 NJM31il C 315 EXEMPTION PLAT \y DAVID t XGTN RATTLING, Txecr 2 ` T�usTES N 84'4 0 P BOOK 2087 PALE 6 + TL nl LIVING MUST 1 PEC NG.x00LOT 4 RECEPTIONiNUM 8.3.8� RECEPTION NUMBER 1 I 69030800 xo 0 200 300' 400' i N ,nn....,1 o.n• .n.,. _ All—*1"^^• O.WitOv AREPRESENTATION OF EXHIBIT B 187310110 L .SaOB w. FORT SSILCR CREEKNS ww. N S.AS MiM_ FOSSIL CREEK RESERVOIR VICINITY FI GtlNna.I 0G621�xW0 w' c I0�0 Bx.SOxx SYY".°°,Trsy w K.LION .n.,u nn Nii www.(�dxml wA 1__ 10110vaX0001 Qp +was SxEET OF TLANQ PROPERTY v\Jxnq..unVeumllo\.wn\..MNIVm,o.-..vvv1 e,.]/xv/mo6,as6:x Pu