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HomeMy WebLinkAbout073 - 05/05/1998 - AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS FOR THE CONSTRUCTION OF HARMO ORDINANCE NO. 73, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS FOR THE CONSTRUCTION OF HARMONY ROAD DUCT BANK PROJECT WHEREAS,Harmony Road Light and Power Duct Bank Project(the"Project')is scheduled to take place in June of 1998; and WHEREAS,the Project includes installation of a multi-circuit underground electric facility from the substation at Harmony Road at the Union Pacific Railroad, east to the Hewlett-Packard Company; and WHEREAS, it is necessary for the City to acquire certain properties hereinafter described for the purpose installing a multi-circuit underground electric facility and other related improvements in connection with the Project; and WHEREAS,the City has previously negotiated and continues to negotiate in good faith for the acquisition of said property from the owners thereof, which negotiations have thus far been unsuccessful; and WHEREAS, the acquisition of the property is desirable and necessary for the construction of the improvements, is in the best interest of the City, 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 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 real property described on attached Exhibit"A", which is on file in the office of the City Clerk and incorporated herein by this reference, for the purpose of installing a multi- circuit underground electric facility and other related improvements for the Project, in connection with the above-described property. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the said real property for the City by eminent domain proceedings. Section 3. The City Council finds that, in the event that acquisition by condemnation of the real property described in this Ordinance is commenced, immediate possession of the same is necessary for the public health, safety and welfare. Introduced, considered favorable on first reading, and ordered_published this 21 st day of April, A.D. 1998, and to be presented for final passage on the 5th day-bf*ay, 1998. - r ATTEST: LL City Clerk Passed and adopted on final reading this 5th day of May,,A.10). 199 . 4 Mayor ATTEST: City Clerk EXHIBIT "A" DESCRIPTION OF A PERMANENT UTILITY EASEMENT LOCATED ON THE IMAGO ENTERPRISES, INC. PROPERTY A Permanent Utility Easement located in the Northeast Quarter of Section 6, Township 6 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, more particularly described as follows; Commencing at the northeast corner of the said Section 6; THENCE along the north line of the said Northeast Quarter of Section 6,North 89 degrees 28 minutes 52 seconds West for a distance of 870.67 feet; THENCE leaving the said north line, South 09 degrees 09 minutes 57 seconds West for a distance of 123.54 feet to the east line of Tract B of the Plat of D, L & G Partners Minor Subdivision, a Plat of record with the Clerk and Recorder of the said Larimer County;THENCE along the said east line of Tract B,along a non-tangent curve to the right having a radius of 4119.83 feet a central angle of 00 degrees 37 minutes 39 seconds and an arc length of 45.12 feet, being subtended by a chord of South 09 degrees 56 minutes 11 seconds West for a distance of 45.12 feet to the south line of that certain Permanent Easement granted to the said City of Fort Collins at Reception No. 96019465 records of the said Clerk and Recorder, and to the TRUE POINT OF BEGINNING of this description; THENCE along the south line of the said Permanent Easement the following five (5) courses and distances, (1) along a non-tangent curve to the left having a radius of 5875.00 feet a central angle of 05 degrees 08 minutes 05 seconds and an arc length of 526.50 feet,being subtended by a chord of South 86 degrees 56 minutes 29 seconds East for a distance of 526.33 feet; (2) non-tangent from the pervious curve,North 82 degrees 44 minutes 40 seconds East for a distance of 134.62 feet;(3)South 67 degrees 23 minutes 44 seconds East for a distance of 61.05 feet; (4) South 89 degrees 23 minutes 44 seconds East for a distance of 69.00 feet; (5)North 56 degrees 36 minutes 16 seconds East for a distance of 64.81 feet to the Westerly Right of Way of Timberline Road as granted at Reception No. 94074980 records of the said Clerk and Recorder; THENCE along the said Right of Way, South 45 degrees 16 minutes 51 seconds East for a distance of 16.41 feet; THENCE continuing along the said Right of Way, South 00 degrees 43 minutes 06 seconds East for a distance of 39.83 feet; THENCE leaving the said Right of Way,North 89 degrees 23 minutes 44 seconds West for a distance of 135.43 feet; THENCE North 88 degrees 03 minutes 01 seconds West for a distance of 189.98 feet;THENCE along a non-tangent curve to the right having a radius of 5890.00 feet a central angle of 05 degrees 08 minutes 49 seconds and an arc length of 529.09 feet,being subtended by a chord of North 86 degrees 56 minutes 07 seconds West for a distance of 528.91 feet to the said east line of Tract B;THENCE along the said east line of Tract B, along a non-tangent curve to the left having a radius of 4119.83 feet a central angle of 00 degrees 12 minutes 34 seconds and an arc length of 15.05 feet,being subtended by a chord of North 10 degrees 21 minutes 18 seconds East for a distance of 15.05 feet to the point of beginning. Containing 16181 square feet(0.371 Acres) 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 P.O. BOX 580 FORT COLLINS, CO 80522 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE IMAGO ENTERPRISES, INC. PROPERTY A Temporary Construction Easement located in the Northeast Quarter of Section 6, Township 6 North, Range 68 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, more particularly described as follows; Commencing at the northeast corner of the said Section 6; THENCE along the north line of the said Northeast Quarter of Section 6,North 89 degrees 28 minutes 52 seconds West for a distance of 870.67 feet; THENCE leaving the said north line, South 09 degrees 09 minutes 57 seconds West for a distance of 123.54 feet to the east line of Tract B of the Plat of D, L & G Partners Minor Subdivision, a Plat of record with the Clerk and Recorder of the said Larimer County;THENCE along the said east line of Tract B,along a non-tangent curve to the right having a radius of 4119.83 feet a central angle of 00 degrees 50 minutes 13 seconds and an arc length of 60.17 feet, being subtended by a chord of South 10 degrees 02 minutes 28 seconds West for a distance of 60.17 feet to the south line of a proposed Permanent Utility Easement to be granted to the said City of Fort Collins and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said east line of Tract B, along a curve to the right having a radius of 4119.83 feet a central angle of 00 degrees 12 minutes 34 seconds and an arc length of 15.06 feet,being subtended by a chord of South 10 degrees 33 minutes 51 seconds West for a distance of 15.06 feet to a line which is 15.00 feet(measured radially) south of and parallel with the said south line of the proposed Permanent Utility Easement; THENCE leaving the said east line of Tract B, along the said parallel line, along a non-tangent curve to the left having a radius of 5905.00 feet a central angle of 01 degrees 34 minutes 08 seconds and an arc length of 161.70 feet, being subtended by a chord of South 85 degrees 08 minutes 02 seconds East for a distance of 161.69 feet; THENCE leaving the said parallel line,North 04 degrees 04 minutes 54 seconds East for a distance of 15.00 feet to the said south line of the proposed Permanent Utility Easement; THENCE along the said proposed line, along a non-tangent curve to the right having a radius of 5890.00 feet a central angle of 01 degrees 33 minutes 23 seconds and an are length of 160.00 feet,being subtended by a chord of North 85 degrees 08 minutes 24 seconds West for a distance of 159.99 feet to the point of beginning. Containing 2413 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 P.O. BOX 580 FORT COLLINS, CO 80522