HomeMy WebLinkAbout076 - 07/06/2010 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY FOR THE RANGEVI ORDINANCE NO. 076, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF
CERTAIN LANDS NECESSARY FOR THE RANGEVIEW ADULT
COMMUNITY UTILITY IMPROVEMENTS PROJECT
WHEREAS,the City desires to acquire certain real property rights described in Exhibit"A",
attached hereto and incorporated herein by reference (the "Property"), from the Rangeview Adult
Community Condominium Association (the "Association") to install utility improvements (the
"Improvements"); and
WHEREAS, the Association concurs with City staffs recommendation to use eminent
domain to complete the acquisition of the Property; and
WHEREAS, the acquisition of the Property is desirable and necessary for the construction
of the Improvements, is in the City's best interest and enhances public health, safety, and welfare;
and
WHEREAS,the acquisition of the Property may 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 is necessary in the
public interest to acquire the property rights described on Exhibit "A" attached hereto and
incorporated herein by this reference, for the purpose of constructing the Improvements.
Section 2. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire these property rights for the City by eminent domain.
Section 3. The City Council finds, in the event that acquisition 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 15th day of
June, A.D. 2010, and to be presented for final passage on thC6t (Ta`1 y of July, A.D. 2010.
Mayor
ATTEST:
City.Clerk
Passed and adopted on final reading on the 6th day of Ju .D. 2010.
Mayo
ATTEST: -
`City Clerk
Exhibit "A"
Page 1 of 2
I
DESCRIPTION OF A UTILITY EASEMENT LOCATED ON THE RANGEVIEW ADULT
COMMUNITY ASSOCIATION PROPERTY TO BE DEDICATED TO THE CITY OF FORT
COLLINS
A Utility Easement located in the Southeast quarter of Section 35,
Township 7 North, Range 69 West of the Sixth Principal Meridian, City
of Fort Collins, Larimer County, Colorado, the said easement is also
located in the Plat of Rangeview P.U. D. , a plat of record with the
Clerk and Recorder of the said Larimer County, being more particularly
described as follows;
Considering the south line of the said southeast quarter of Section 35
as bearing North 89 degrees 54 minutes 45 seconds West between a 3"
alum. cap monument, PLS 17662 at the southeast corner of the said
Section 35 and a 3" alum. cap monument, PLS 5028 at the south quarter
corner of the said Section 35, based upon the City of Fort Collins
coordinate base and G.P.S. observation;
Commencing at the said southeast corner of Section 35;
THENCE along the south line of the said southeast quarter, North
89 degrees 54 minutes 45 seconds West for a distance of 1251 .2E feet
to a point on the southerly extension of the east line of said
Rangeview P.U. D. ;
THENCE along the southerly extension of the said east line,
North 00 degrees 05 minutes 15 seconds East for a distance of 50. 00
feet to the southeast corner of said Rangeview P.U.D. , and a point on
the north right of way of Harmony Road;
THENCE along said right of way line, North 89 degrees 54 minutes
45 seconds West for a distance of 12 .00 feet to the east line of the
proposed Utility Easement to be granted to the said City of Fort
Collins and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
THENCE leaving the said right of way line, North 01 degrees 04
minutes 41 seconds East for a distance of 24 . 00 feet;
THENCE North 89 degrees 54 minutes 45 seconds West for a
distance of 30. 00 feet;
THENCE South 01 degrees 04 minutes 41 seconds West for a
distance of 24. 00 feet to the said north right of way of Harmony Road;
THENCE along the said right of way line, South 89 degrees 54
minutes 45 seconds East for a distance of 30 . 00 feet to the point of
beginning. Containing 720 square feet more less.
The above described easement 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 Cotten t6 thC? besC of my profes9ionA1 kciowledge; belief and
opinion. '.
1`,�,y4U 111 N glll p jai
P.O. BOXWALLACE C580USCOTT FORT COLLINS, CC 8052217997 `,` QC........
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Exhibit"A"
Page 2of2 LOCATION SKETCH
RANGEVIEW ADULT COMMUNITY ASSOCIATION
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. . . . .. . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .
J . . . . . . . . . . . . . . . . . ...
. . . . . . . . . . . . . . . . . .
EXISTING 10' UTILITY ESM7 J
. . . . . . . . . . . . . L3
L7
PROPOSED
UTILITY ESM'T.
720 SQ.FT.
(U
EXISTING 50' ROW J
W, HARMONY RD.
SE CORNER
35-7-69
L1
NORTH LINE OF NE 1/4 (BASIS OF BEARINGS)
Course Bearing Distance
Ll N 89'54'45' W 1251,28'
L2 N 00.05'15' E 50,00,
L3 N 89'54'45' W 12.00'
�f L4 N 01'04'41' E 24.00'
N L5 N 89'54'45' W 30,00'
L6 S 01.04'41' W 24.00,
L7 S 89'54'45' E 30,00'
THIS SKETCH AND THE AREAS
NTS SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MAY 20, 2010 MONUMENTED BOUNDARY SURVEY.
K\SURVEY\PRDJ\CAPITAL\HARMONY