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HomeMy WebLinkAbout017 - 02/20/2001 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS FOR THE SPRING CREEK TRAI ORDINANCE NO. 17, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS FOR THE SPRING CREEK TRAIL CONNECTION ACROSS THE EXISTING DRAINAGE TRACT ON THE NORTHWEST CORNER OF THE REPLAT OF HILL POND ON SPRING CREEK, 2ND FILING P.U.D. WHEREAS, the City of Fort Collins desires to acquire certain real property described in Exhibit "A", attached hereto and incorporated herein by reference (the "Property"), from the Hill Pond on Spring Creek Homeowners' Association ("HPSCHOA")for the purpose of constructing a Spring Creek trail connection across the existing drainage tract at the northwest corner of the Replat of Hill Pond on Spring Creek 2nd Filing P.U.D.; and WHEREAS,the HPSCHOA has requested that the City initiate eminent domain proceedings in order to complete the transaction; 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 ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That 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 purpose of a trail connection. Section 2. That the Council hereby authorizes the City Attorney and other proper officials 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. Introduced,considered favorably on first reading and ordered published 6th day of February, A.D. 2001, and to be presented for final passage on the 20th day of February, A.D. 2001. Mayor . ATTEST: City Clerk Passed and adopted on final reading this 20th day of February, A.1). 2001. -may -i Mayor ATTEST: 1�6" )��U h U*,4- City Clerk , EXHIBIT "A" Drainage Tract, Hill Pond on Spring Creek 2nd Filing P.U.D., according to the Plat thereof recorded 1-23, 1982, in Book 2099 at Page 1049, County of Larimer, State of Colorado.