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HomeMy WebLinkAbout016 - 03/05/2002 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS FOR CONSTRUCTION OF IMPRO ORDINANCE NO. 016, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS FOR CONSTRUCTION OF IMPROVEMENTS ON KECHTER ROAD WHEREAS,improvements are needed at Kechter Road from Ziegler Road to Strauss Cabin Road in order to mitigate the traffic impacts resulting from increased development in this area, including the construction or imminent construction of a new elementary school and a new high school, residential developments, and the acquisition of a City park site; and WHEREAS, the Street Oversizing Program has collected funds from these public, private and City interests to fund the construction of Kechter road from Ziegler Road to Strauss Cabin Road (the "Project'); and WHEREAS,it is necessary for the City to acquire rights-of-way and easements from adj acent properties to construct curb, gutter, sidewalks, bike lanes and other related street improvements in connection with the Project; and WHEREAS,rights-of-way for the school sites,Willow Brook subdivision,City park site and Fossil Lake Estates have been acquired through dedication by development; and WHEREAS,the City has previously negotiated and continues to negotiate in good faith for the acquisition of rights-of-way and easements from the owners of five county outparcels, which negotiations have thus far been unsuccessful; and WHEREAS, the acquisition of the rights-of-way and easements 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 interests 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 described on Exhibit "A", attached hereto and incorporated herein by reference, for the purpose of constructing street improvements and other related improvements for the Project, in connection with the above-described properties. 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, in the event that acquisition by condemnation of the property described in this Ordinance is commenced, that immediate possession is necessary for the public health, safety and welfare. Introduced and considered favorably on first reading and ordered published this 5th day of February, A.D. 2002, and to be presented for final passage on the 5th day"of March, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 5th day of March, A.D. 2002. Mayor t_ ATTEST: City Clerk EXHIBIT "A" KECHTER ROAD IMPROVEMENTS LOT 4 TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 6 NORTH,RANGE 68 WEST OFTHE 6TH P.M.;COUNTY OFLARIMER,STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 9, AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9 TO BEAR S88042'40"E WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID NORTH LINE S88042'40"E, 1328.17 FEET; THENCE S00°18'05"E, 57.02 FEET TO THE POINT OF BEGINNING; THENCE S88042'40"E, 657.96 FEET; THENCE S00022'59"E, 20.01 FEET; THENCE N88042'40"W, 657.99 FEET; THENCE N00°18'05"W, 20.01 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.30 ACRES (13,159 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY,EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. LOT 4 UTILITY EASEMENT A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 6 NORTH,RANGE 68 WEST OFTHE 6TH P.M.;COUNTY OFLARIMER,STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 9, AND CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9 TO BEAR S88042'40"E WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID NORTH LINE S88042'40"E, 1328.17 FEET; THENCE S00°18'05"E,50.02 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF KECHTER ROAD (C.R. 36), SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY S88042'40"E, 657.95 FEET; THENCE S00022'59"E, 7.00 FEET; THENCE N88042'40"W, 657.96 FEET; THENCE N00018'05"W, 7.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.11 ACRES (4,606 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY,EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. RIEDLINGER PROPERTY TEMPORARY CONSTRUCTION EASEMENT#1 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE 6TH P.M.;COUNTY OF LARIMER,STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4, AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4 TO BEAR S88042'40"E WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION NO2°03'29"W, 57.10 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ON SAID WEST LINE N02003'29"W, 20.03 FEET; THENCE S88042'40"E, 329.24 FEET; THENCE N02003'29"W, 20.03 FEET; THENCE S88042'40"E, 20.03 FEET; THENCE S02003'29"E, 40.07 FEET; THENCE N88042'40"W, 349.28 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.17 ACRES (7,386 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALLRIGHTS-OF-WAY,EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. RIEDLINGER PROPERTY UTILITY EASEMENT A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE 6TH P.M.;COUNTY OF LARIMER,STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4, AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4 TO BEAR S88042'40"E WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION NO2°03'29"W, 42.07 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ON SAID WEST LINE N02003'29"W, 15.03 FEET; THENCE S88042'40"E, 349.28 FEET; THENCE S02003'29"E, 15.03 FEET; THENCE N88042'40"W, 349.28 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.12 ACRES (5,239 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY,EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. RIEDLINGER PROPERTY LEGAL DESCRIPTION OF PROPOSED RIGHT-OF-WAY A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE 6TH P.M.;COUNTY OF LARIMER,STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 4, AND CONSIDERING THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4 TO BEAR S88042'40"E WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION N02003'29"W, 30.05 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ON SAID WEST LINE N02003'29"W, 12.02 FEET; THENCE S88042'40"E, 349.28 FEET; THENCE S02003'29"E, 12.02 FEET; THENCE N88042'40"W, 349.28 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.10 ACRES (4,191 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY,EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. PLANK PROPERTY PROPOSED TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND BEING A PART OF THE NORTHWEST QUARTER (NW1/4) OF SECTION NINE(9),TOWNSHIP SIX NORTH(T.6N.),RANGE SIXTY-EIGHT WEST(R.68W.), SIXTH PRINCIPAL MERIDIAN(6THP.M.),COUNTY OF LARIMER,STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 9 AND ASSUMING THE NORTH LINE OF SAID NW I/4 TO BEAR NORTH 87059'40"WEST WITH ALL OTHER BEARINGS HEREIN RELATIVE THERETO; THENCE SOUTH 67036'38" EAST A DISTANCE OF 144.95 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89012'51" EAST A DISTANCE OF 169.99 FEET TO A POINT OF CURVATURE (PC); THENCE ALONG THE ARC OF A CURVE WHICH IS CONCAVE TO THE SOUTH A DISTANCE OF 49.60 FEET,WHOSE RADIUS IS 1018.00 FEET,WHOSE DELTA IS 02°47'29" AND WHOSE LONG CHORD BEARS SOUTH 89023'25"EAST A DISTANCE OF 49.59 FEET TO A POINT OF TANGENCY (PT); THENCE SOUTH 87059'40" EAST A DISTANCE OF 199.68 FEET; THENCE SOUTH 02000'20"WEST A DISTANCE OF 5.00 FEET; THENCE NORTH 87059'40" WEST A DISTANCE OF 199.68 FEET TO A PC; THENCE ALONG THE ARC OF A CURVE WHICH IS CONCAVE TO THE SOUTH A DISTANCE OF 49.35 FEET,WHOSE RADIUS IS 1013.00 FEET,WHOSE DELTA IS 02°47'29" AND WHOSE LONG CHORD BEARS NORTH 89023'25"WEST A DISTANCE OF 49.35 FEET TO A PT; THENCE SOUTH 89012'51"WEST A DISTANCE OF 160.05 FEET; THENCE SOUTH 00000'10" EAST A DISTANCE OF 67.29 FEET; THENCE SOUTH 89013'18"WEST A DISTANCE OF 114.03 FEET TO THE EAST RIGHT-OF- WAY (ROW) OF ZIEGLER ROAD; THENCE NORTH 00000'10"WEST ALONG SAID EAST ROW A DISTANCE OF 10.00 FEET; THENCE NORTH 89013'18" EAST A DISTANCE OF 104.03 FEET; THENCE NORTH 00000'10" WEST A DISTANCE OF 62.28 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 3,809 SQ. Fr. MORE OR LESS (±), AND IS SUBJECT TO ANY RIGHTS-OF-WAY OR OTHER EASEMENTS OF RECORD OR AS NOW EXISTING ON SAID DESCRIBED PARCEL OF LAND. PLANK PROPERTY PROPOSED UTILITY AND DRAINAGE EASEMENT A PARCEL OF LAND BEING A PART OF THE NORTHWEST QUARTER (NW1/4) OF SECTION NINE(9),TOWNSHIP SIX NORTH(T.6N.),RANGE SIXTY-EIGHT WEST(R.68W.), SIXTH PRINCIPAL MERIDIAN(6THP.M.),COUNTY OF LARIMER,STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 9 AND ASSUMING THE NORTH LINE OF SAID NW 1/4 TO BEAR NORTH 87059'40"WEST WITH ALL OTHER BEARINGS HEREIN RELATIVE THERETO; THENCE SOUTH 00000'10"EAST ALONG THE WEST LINE OF SAID NW 1/4 A DISTANCE OF 56.31 FEET; THENCE NORTH 89059'50" EAST A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89059'50" EAST A DISTANCE OF 8.99 FEET TO A POINT ON A CURVE, SAID CURVE BEING NON-TANGENT TO THE AFORESAID LINE; THENCE ALONG THE ARC OF A CURVE WHICH IS CONCAVE TO THE SOUTHEAST A DISTANCE OF 23.35 FEET, WHOSE RADIUS IS 15.00 FEET, WHOSE DELTA IS 89012'34" AND WHOSE LONG CHORD BEARS NORTH 44036'34"EAST A DISTANCE OF 21.07 FEET TO A POINT OF TANGENCY (PT); THENCE NORTH 89012'51" EAST A DISTANCE OF 193.05 FEET; THENCE SOUTH 87059'40" EAST A DISTANCE OF 306.88 FEET; THENCE SOUTH 02000'20" WEST A DISTANCE OF 11.00 FEET; THENCE NORTH 87059'40"WEST A DISTANCE OF 199.68 FEET TO A PC; THENCE ALONG THE ARC OF A CURVE WHICH IS CONCAVE TO THE SOUTH A DISTANCE OF 49.60 FEET,WHOSE RADIUS IS 10 18.00 FEET,WHOSE DELTA IS 02-47,29" AND WHOSE LONG CHORD BEARS NORTH 89023'25"WEST A DISTANCE OF 49.59 FEET TO A PT; THENCE SOUTH 890 12'51" WEST A DISTANCE OF 169.99 FEET; THENCE SOUTH 00000'10" EAST A DISTANCE OF 62.28 FEET; THENCE SOUTH 89013'18"WEST A DISTANCE OF 104.03 FEET TO THE EAST RIGHT-OF- WAY OF ZIEGLER ROAD; THENCE NORTH 00000'10"WEST ALONG SAID EAST LINE A DISTANCE OF 62.60 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 13,094 SQ. FT. MORE OR LESS (±), AND IS SUBJECT TO ANY RIGHTS-OF-WAY OR OTHER EASEMENTS OF RECORD OR AS NOW EXISTING ON SAID DESCRIBED PARCEL OF LAND. PLANK PROPERTY PROPOSED RIGHT-OF-WAY A PARCEL OF LAND BEING A PART OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION NINE(9),TOWNSHIP SIX NORTH(T.6N.),RANGE SIXTY-EIGHT WEST(R.68W.), SIXTH PRINCIPAL MERIDIAN(6THP.M.),COUNTY OF LARIMER,STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 9 AND ASSUMING THE NORTH LINE OF SAID NW 1/4 TO BEAR NORTH 87059'40"WEST WITH ALL OTHER BEARINGS HEREIN RELATIVE THERETO; THENCE SOUTH 87059'40"EAST ALONG SAID NORTH LINE A DISTANCE OF 30.02 FEET; THENCE SOUTH 00000'10"EAST A DISTANCE OF 30.02 FEET TO THE SOUTH RIGHT-OF- WAY (ROW) OF KECHTER ROAD, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 87059'40" EAST ALONG SAID SOUTH LINE A DISTANCE OF 216.05 FEET; THENCE SOUTH 89012'51" WEST A DISTANCE OF 193.50 FEET TO A POINT OF CURVATURE; THENCE ALONG THE ARC OF A CURVE WHICH IS CONCAVE TO THE SOUTHEAST A DISTANCE OF 23.35 FEET, WHOSE RADIUS IS 15.00 FEET, WHOSE DELTA IS 89°12'34" AND WHOSE LONG CHORD BEARS SOUTH 44036'34"WEST A DISTANCE OF 21.07 FEET; THENCE SOUTH 89059'50" WEST ALONG A LINE BEING NON-TANGENT TO THE AFORESAID CURVE A DISTANCE OF 8.99 FEET TO THE EAST ROW OF ZIEGLER ROAD; THENCE NORTH 00000'10"WEST ALONG SAID EAST ROW A DISTANCE OF 25.24 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 1,325 SQ. FT. MORE OR LESS (±), AND IS SUBJECT TO ANY RIGHTS-OF-WAY OR OTHER EASEMENTS OF RECORD OR AS NOW EXISTING ON SAID DESCRIBED PARCEL OF LAND. BROWN & HAMMOND PROPERTY TEMPORARY CONSTRUCTION EASEMENT A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE 6T"P.M.;COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 10, AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10 TO BEAR S89035'34"E WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE S23007'38"E,77.60 FEET TO A POINT ON THE EXISTING EASTERLY RIGHT-OF- WAY OF STRAUSS CABIN ROAD (C.R. 7), SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N29031'32"E, 29.92 FEET; THENCE S89035'34"E, 337.00 FEET; THENCE S00024'26"W, 20.00 FEET; THENCE N89035'34"W, 325.24 FEET; THENCE S29031'32"W, 52.94 FEET TO A POINT ON SAID EASTERLY RIGHT-OF-WAY OF STRAUSS CABIN ROAD; THENCE ALONG SAID RIGHT-OF-WAY N00022'59"W, 40.11 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.17 ACRES (7,451 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY,EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. BROWN & HAMMOND PROPERTY SLOPE EASEMENT A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE 6T"P.M.; COUNTY OF LARIMER,STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 10, AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10 TO BEAR S89035'34"E WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE S44059'20"E, 42.72 FEET TO A POINT ON THE EXISTING SOUTHERLY RIGHT- OF-WAY OF KECHTER ROAD (C.R. 36), SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY S89035'34"E, 352.13 FEET; THENCE S00024'26"W, 15.00 FEET; THENCE N89035'34"W, 337.00 FEET; THENCE S2903 1'32"W, 29.92 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF STRAUSS CABIN ROAD; THENCE ALONG SAID RIGHT-OF-WAY N00022'59"W, 41.15 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.13 ACRES (5,475 SQUARE FEET) MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY,EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. NORMAN G. STALEY, RIGHT OF WAY A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 6 NORTH,RANGE 68 WEST OF THE 6T"P.M.; COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH FIFTY FEET OF THAT PARCEL OF LAND DESCRIBED IN THE LARIMER COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NUMBER 0099102161, DATED 12/30/1999.