HomeMy WebLinkAbout163 - 11/04/1997 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS FOR THE FOSSIL CREEK TRAI s ;
ORDINANCE NO. 163, 1997
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 CHHA has requested that the City initiate a friendly eminent domain action
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
bicycle/pedestrian trail.
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.
Introduced, considered favorable on first reading, and or ed lished s 21st y of
October,A.D. 1997,and to be presented for final passage on 4 y of No tuber, 1997.
Mayor
ATTEST:
2
City Clerk
Passed and adopted on final reading this 4th day of November, / . 1997.
r
ATTEST:
I"
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.