HomeMy WebLinkAbout1997-040-03/18/1997-EMINENT DOMAIN FOSSIL CREEK TRAIL SYSTEM LAND ACQUISITION RESOLUTION 97-40
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF
CERTAIN LANDS FOR THE FOSSIL CREEK TRAIL SYSTEM
WHEREAS, the City of Fort Collins desires to acquire certain real property described in
Exhibit "A", attached hereto and incorporated herein by this reference (the "Property"), from the
Clarendon Hills Homeowner's Association ("CHHA") for the purpose of constructing the Fossil
Creek Trail System; and
WHEREAS,the City has previously negotiated in good faith, such negotiations have been
unsuccessful, and the CHHA has indicated that use of an eminent domain action would facilitate
completion of the acquisition; and
WHEREAS, the acquisition of the Property is desirable and necessary for public use to
enhance the public health, safety and welfare; and
WHEREAS, the acquisition of the 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 finds and hereby determines that it is necessary for the
public health, safety and welfare that the City acquire the Property to be used for the construction
of the Fossil Creek Trail System.
Section 2. That the City Council hereby authorizes the City Attorney and other proper
officials of the City to acquire the said real property for the City by eminent domain proceedings.
Section 3. That the City Council hereby finds, in the event that the Property is to be
acquired by condemnation, immediate possession of the same is necessary for the public health,
safety and welfare.
Passed and adopted at a regular meeting of the City Council field this 1 ay of March,
A.D. 1997.
Mayor
ATTEST:
"U�x
City Clerk
EXHIBIT "A"
Tracts A, B and D, Clarendon Hills, Fifth Filing, according to the
recorded plats thereof, City of Fort Collins, County of Larimer, State of
Colorado.