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HomeMy WebLinkAbout1998-077-05/05/1998-AMENDING RESOLUTION 1997-079 TO INCLUDE A REVISED LEGAL DESCRIPTION IN THE EMINENT DOMAIN PROCEEDING RESOLUTION 98-77 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING RESOLUTION 97-79 TO INCLUDE A REVISED LEGAL DESCRIPTION IN THE EMINENT DOMAIN PROCEEDINGS FOR STREET OVERSIZING—HARMONY ROAD REALIGNMENT WHEREAS,on June 3, 1997,the Council adopted Resolution 97-79,authorizing acquisition by Eminent Domain proceedings of certain lands necessary for the Project known as Street Oversizing—Harmony Road Realignment; and WHEREAS, a technical issue has been raised with respect to the scope of one of the legal descriptions attached to Resolution 97-79; and WHEREAS, in order to clarify the Council's intent to acquire through eminent domain all property interests to which the described property is subject,staff is requesting that the Council adopt this Resolution; and WHEREAS,it is necessary for the City to acquire all existing interests in the property interest hereinafter described for the purpose of constructing street improvements, bicycle, pedestrian and other related improvements in connection with the Project; and WHEREAS, the City has previously negotiated in good faith for the acquisition of said property owners thereof, which negotiations have been unsuccessful; and WHEREAS, the acquisition of the identified property is desirable and necessary for the construction of the improvements,is in the public interest and enhances the public health,safety and welfare; and WHEREAS, the acquisition of such property, may, by law, be accomplished through proceedings in eminent domain. NOW, THEREFORE, BE IT RESOLVED 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 real property as described on Exhibit "A", attached hereto and incorporated herein by this reference, for the purpose of constructing street, utilities, bicycle and pedestrian improvements, and related improvements for the Project. Section 2. That Resolution 97-79 is hereby amended to replace Exhibit"A"thereto with the legal descriptions attached hereto as Exhibit "A", and to include and incorporate the property described in Exhibit "A"hereto together with all references to Exhibit "A" in said Resolution. Section 3. That Resolution 97-79 be otherwise unaltered and remain in full force and effect, as amended hereby. Passed and adopted at a regular meeting of the City council held this 5th day of May, A.D. 1998. J Mayor ATTEST: La� City Clerk EXHIBIT "A" RMINC. Engineering Consultants 209 S.Meldrurn Fort Collins.Colorado 80521 3031482.5922 FAX:3C3/482-6368 DESCRIPTION FOR HARMONY ROAD R.O.W. (BONNEMA PROPERTY) : A tract of land being a portion of Lot 5 and Lot lot Block 2 , Westfield Subdivision, located in the Northwest Quarter of Section .34 , Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows : Considering the South line of the Northwest Quarter of said Section 34 as bearing, North 89056 / 1411 West ( recorded as North 89054115"West on the plat of Westfield Subdivision) and with all bearings contained herein relative thereto: Commencing at the West Quarter corner of said Section 34 ; thenc along the South line of the Northwest Quarter of said Section 34 ,e South 89056114" East, 240 . 00 feet to a point on a line 50 feet West of the East line of Lot 5, Block 2 , Westfield Subdivision, said point also being the POINT OF BEGINNING; thence, along said line, North 00004101" East, 54 . 62 feet to a point on a non-tangent curve concave to the South having a central angle of 09034134" , a radius Of 1880 . 76 feet and the chord of which bears South 80048133 " East, 313 . 97 feet; thence leaving said line and along the arc of said curve, 314 . 34 feet to the East line of Lot 10, Block 21 Westfield Subdivision; thence, South 00004 / 01/, West, 4 . 81 feet to a point on the South line of said Northwest Quarter; thence, along said South line, North 89056114" West, 310. 00 feet to the Point of Beginning. The above tract of land contains 0 . 243 acres and is subject to all easements and rights-of-way now on record or existing. 10/12/94 1434-013 .b1 Denver3031458.5526 Page 1 of 11 RMINC. Engineering Consultants 209 S.Meldrum Fort Collins.Colorado 80521 303/482-5922 FAX:3031482-6368 DESCRIPTION FOR A SLOPE EASEMENT (BONNEMA PROPERTY) : A slope easement being a portion of Lot 5 and Lot 101 Block 21 Westfield Subdivision, located in the Northwest Quarter of Section 34 , Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows: Considering the South line of the Northwest Quarter of said Section 34 as bearing, North 8905611411 West ( recorded as North 8905411511 West on the plat of Westfield Subdivision ) and with all bearings contained herein relative thereto: Commencing at the West Quarter corner of said Section 34 ; thence along the South line of the Northwest Quarter of ' said Section 34 , South 8905611411 East, 240 . 00 feet to a point on a line, 50 feet West of the East line of Lot 5, Block 2 , Westfield Subdivision, thence, along said line, North 00004101" East, 54 . 62 feet to the POINT OF BEGINNING; thence, continuing along said line, North 00004 / 01" East, 20 . 06 feet to a point on a non-tangent curve concave to the South, having a central angle of 0902812111 , a radius Of 1900 . 76 feet and the chord of which bears South 80054 ' 24" East, 313 . 89 feet; thence, along the arc of said curve, 314 . 24 feet to the East line of Lot 10, Block 21 Westfield Subdivision; thence, along said East line, South 00004 ' Ol" West, 20 . 60 feet to a point on a non-tangent curve concave to the South, having a central angle Of 09*34 / 3411 , a radius of 1880 . 76 feet and the chord of which bears North 80048 ' 3311 West, 313 . 97 feet; thence, and along the arc of said curve, 314 . 34 feet to the Point of Beginning. The above tract of land contains 0 . 144 acres and is subject to all easements and rights-of-way now on record or existing. 10/12/94 1434-013 . b2 Denver 303/458-5526 Page 2 of 11 cn g TAFT HILL ROAD w V Zn rnO 3 ^' �o 0 _ S I- C` ocoC/) 7 0 o N a ° C o .� 7 Q to o 11 z a z mN 00'04'01' E to Co co o (o o cD vi \ 4. Ln , !, fl 0 M 4` D Cn r z = m m O Vi (7(b � Z rp f m W D cp P - D CA o m m 'J '�-' o m °acne z O C L4 m o o rn o � rp ► \ a r7l 1 l D p -Z7 I r p ► '7 UU (.1vt y O rt r Im CA 1 i0 C7 CD D e im / m ON l o c m S00'04'01"W �, g Page 3 of 11 DESCRIPTION FOR TAFT HILL ROAD R.O.W. (SANDERS PROPERTY) : A tract of land being a portion of Lots 3 , 4 and 5, Block 2 , Westfield Subdivision located in the Northwest Quarter of Section 34 , Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows: Considering the South line of the Northwest Quarter of said Section 34 as bearing, South 89056' 14" East (recorded as North 89054115" West on the plat of Westfield Subdivision) and with all bearings contained herein relative thereto: Commencing at the West Quarter corner of said Section 34 ; thence along the South line of the Northwest Quarter of said Section 34 , South 89056 '14" East, 30. 00 feet to the East line of Taft Hill Road; thence along said East line, North 00004101" East, 60. 00 feet to the POINT OF BEGINNING; thence, continuing along said East line, North 00004'01" East, 285 . 05 feet to the Northwest corner of Lot 3 , Block 2 , Westfield Subdivision; thence, along the North line of said Lot 3 , South 89055' 59" East, 20. 00 feet; thence, leaving said North line, South 00'04'01" West, 285 . 05 feet; thence, North 89056' 14" West, 20 . 00 feet to the Point Of Beainnina. The above tract of land contains 0. 131 acres. Page 4 of 11 INC. Engineering Consultants 209 S.Meldrum Fort Collins,Colorado 80521 3031482.5922 FAX:3031482.6368 DESCRIPTION FOR A SLOPE EASEMENT (SANDERS PROPERTY) : A slope easement being a portion of Lots 3 , 4 and 5, Block 2, Westfield Subdivision located in the Northwest Quarter of Section 34 , Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows: Considering the South line of the Northwest Quarter of said Section 34 as bearing, South 89156114" East (recorded as North 890541151' West on the plat of Westfield Subdivision) and with all bearings contained herein relative thereto: Commencing at the West Quarter corner of said Section 34 ; thence along the South line of the Northwest Quarter of said Section 34, South 89056'14" East, 30 . 00 feet to the East line of Taft Hill Road; thence along said East line, North 00004 ' 01" East, 60 . 00 feet; thence, leaving said East line, South 89056 ' 14" East, 20 . 00 feet; thence, North 00004 ' 01" East, 20 . 00 feet to the POINT OF BEGINNING; thence, North 00004101" East, 265 . 05 feet to the North line of Lot 3 , Block 2 , Westfield Subdivision; thence, along said North line, South 89055'59" East, 20 . 00 feet; thence, leaving said North line, South 00004 '01" East, 265 . 05 feet; thence, North 89056'14" West, 20 . 00 feet to the Point Of Beginning. The above tract of land contains 0. 122 acres and is subject to all easements and rights-of-way now on record or existing. 10/12/94 1434013 . c2 oenver303/458-5526 Panc r of 11 q,)4U 1,3C.Uwg West 1/4 corner m N Sec 34,T7N,R69W TAFT HILL ROAD 0 ao c — M Ln O 0 co II C o N00'04'01"E 285.05' a Z vi Zm O 00 co O 60.00 I285.05' AREA = 0.131 ACRES o N $ Ln j m -0 O m m o O a 265.05 AREA = 0.122 ACRES 20' WIDE o r?Z �p O — — — — SLOPE EASEMENT a o Z .. 265.05' 500'04'0 "W m C0 -n t0 I N CO z 6 � N O Q V a i i = O �o a Z I I I D M v o 01 0 M 2. $ ( m � a l N 2 Q C0 N > I 1 O ; rt -" ti9'3S � .� Cu c� M "94,£0.00 S o _' b � N � v O . o FE (7 ' D m m g � o (a D It U1 o (D Z r r ' N ' n07�iN co A r 0 C O; 8 c Page 6 of 11 INC. Engineering Consultants 209 S.Meldrum Fort Collins.Colorado 80521 3031482-5922 FAX:303/482-6368 DESCRIPTION FOR HARMONY ROAD R.O.W. (SANDERS PROPERTY) : A tract of land being a portion of Lot 5, Block 2 , Westfield Subdivision located in the Northwest Quarter of Section 34 , Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows: Considering the South line of the Northwest Quarter of said Section 34 as bearing, South 89056114" East (recorded as North 89054 ' 15" West on the plat of Westfield Subdivision) and with all bearings contained herein relative thereto: Commencing at the West Quarter corner of said Section 34 ; thence along the South line of the Northwest Quarter of said Section 34, South 89056r14" East, 30. 00 feet to the East line of Taft Hill Road and the POINT OF BEGINNING: thence along said East line, North 00004 'O1" East, 60. 00 feet; thence, leaving said East line, South 89 *56114" East, 59 . 75 feet to a point on a non-tangent curve concave to the South having a central angle of 0403415311 , a radius Of 1880. 76 feet and the chord of which bears South 87053118" East, 150 . 35 feet; thence along the arc of said curve, 150. 39 feet to a point on a line 50 feet West of the East line of Lot 5, Block 2, Westfield Subdivision;-thence along said line, South 000041,01" West, 54 . 62 feet to a point on the South line of said Northwest Quarter; thence along said South line, North 89056r14" West, 210 . 00 feet to the Point of Beginning. The above tract of land contains 0 .283 acres and is subject to all easements and rights-of-way now on record or existing. 10/12/94 1434-013 .al Denver3031458-5526 ' r INC. Engineering Consultants 209 S.Meldrum Fort Collins,Colorado 80521 3031482-5922 FAX:3031482-6368 DESCRIPTION FOR A SLOPE EASEMENT (SANDERS PROPERTY) : A slope easement being a portion of Lot 5, Block 2, Westfield subdivision located in the Northwest Quarter of Section 34, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows: Considering the South line of the Northwest Quarter of said Section 34 as bearing, South 89056114" East (recorded as North 89054115" West on the plat of Westfield Subdivision ) and with all bearings contained herein relative thereto: Commencing at the West Quarter corner of said Section 34 ; thence along the South line of the Northwest Quarter of said Section 34 , South 89056114" East, 30. 00 feet to the East line of Taft Hill Road; thence along said East line, North 00004101" East, 60.00 feet; thence, leaving said East line, South 89056 ' 14" East, 20. 00 feet to the POINT OF BEGINNING; thence;' North 00004 " 01" East, 20. 00 feet; thence, South 89056114" East, 39 . 66 feet to a point on a non- tangent curve concave to the South having a central angle of 04032ro9l' , a radius of 1900 .76 feet and the chord of which bears South 87054f39" East, 150 . 43 feet; thence along the arc of said curve, 150. 47 feet to a point on a line 50 feet West of the East line of lot 5, Block 2 , Westfield Subdivision; thence along said line, South 00004fol" West, 20. 06 feet to a point on a non-tangent curve concave to the South, having a central angle of 0403415311 , a radius of 1880 . 76 feet and the chord of which bears North 17053r18" West, 150 . 35 feet; thence, along the arc of said curve, 150 . 39 feet; thence, North 89°56114" West/ 39 . 75 feet to the Point of Beginning. The above described easement contains 0 . 0942 acres and is subject to all easements and rights-of-way now on record or existing. 10/12/94 1434-013 . a2 Denver 303/458-5526 paria R of 11 TAFT HILL ROAD CD 1n 0 Ip p N T TAFT HILL R.O.W. (E)CISTINO) (PROPOSED) Z p N N 00"04'01" E Y � o o (oo 0 =v `00- cm ��m n m =m b�a 20.00' _ g + N 00 4'01" E m < m n x :9 x(no' cc LrI O D $o PROPOSED SLOPE O rm rm ? EASEMENT LINE Z �N I m O co Op I 9 � D � z n 4 aCO (� 7 O m I car• D � �• � � r�x ► o I I jl t A � A 1 i t 1 NOp� g p II Z �� � w>aN a m jp ' mZDpJD- '0 M "t0,t= S i 3 `� % Ln IA 0- 0 -, c o0F. r m � � o a cn c o cco We _ vCA m s —.: m 21 9 _ G 3 So CD n gp„pN o 0 O LnCD 3 �" ~Ifl m C � m INC. Engineering Consultants 209 S.Meldrum Fort Collins,Colorado 80521 303/482-5922 FAX:303/482-6368 DESCRIPTION FOR TAFT HILL ROAD R. O.W. (SAPP PROPERTY) : A tract of land being a portion of Lots 1 and 2 , Block 2 , Westfield Subdivision, located in the Northwest Quarter of Section 34 , Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows : Considering the South line of the Northwest Quarter of said Section 34 as bearing, South 89056114" East (recorded as North 89054 / 15/1 West on the plat of Westfield Subdivision) and with all bearings contained herein relative thereto: Commencing at the West Quarter corner of said Section 34 ; thence along the South line of the Northwest Quarter of said Section 34 , South 89056114" East, 30 . 00 feet to the East line of Taft Hill Road; thence along said East line, North 00004 / 01/1 East, 345 . 05 feet to the POINT OF BEGINNING; thence, continuing along said East line, North 00004101" East, 214 . 98 feet to a point on a curve concave to the Southeast having a central angle of 90'05 '20" , a radius of 15 . 00 feet and the chord of which bears North 45006'41" East, 21 . 23 feet; thence, along the arc of said curve, 23 . 59 feet to a point on the North line of Lot 1, Block 2 , Westfield Subdivision; thence, along said North line, South 89050139" East, 4 . 98 feet; thence, leaving said North line, South 00004101" West, 229 - 97 feet to the South line of said Lot 2 ; thence, along said South line, North 89155159" West, 20 . 00 feet to the PCINT OF BEGINNING. The above tract of land contains 0 . 104 acres and is subject to all easements and rights-of-way now on record or existing. 10/12/94 1434013 . d1 Denver 303/458.5526 Paqe 10 of 11 4�4UI JC.Cwy v O � n N T W z 0 TAFT HILL ROAD 0 rn � coo C4 -- � � o 0 345.05' N00'04'01"E 214.98' z 0 AREA = 0.104 ACRES ;00© cn a oSOO'04'01"W 229.97'Oa n o Qn cn ccnn o I " AREA = 0.106 ACRES0 t _co cl� $ I S00'04 01 W 229.94' CDlIZ rn - - - - - - - - - - n Cy N O a z mv � r ; D c,,+ oho r' mm n� u ° 0 hi = � zwcro z r- -n cn � _ O M N D O O . z N D -1 CAi Om r � O m � • 6 O � s a m M 3 W Y � O N C7 N C O V1 T W f Q m j v Ul CD p M D > rl n § � CD — O �-- zo c ; ca 8 Page 11 of 11