Loading...
HomeMy WebLinkAbout116 - 07/20/2004 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY FOR THE CONSTRU ORDINANCE NO. 116, 2004 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY FOR THE CONSTRUCTION OF PUBLIC IMPROVEMENTS IN CONNECTION WITH THE DRY CREEK DRAINAGE IMPROVEMENTS PROJECT WHEREAS, the construction of the Dry Creek Drainage Improvements Project (the "Project") is scheduled to start in 2004; and WHEREAS,the Project includes modifications to Douglas Reservoir Dam,construction of two detention ponds, installation of a SCADA system, construction of an irrigation water supply pipeline from Reservoir#4 to Terry Lake,and construction of open channels carry the flow from the Larimer&Weld Canal to the Poudre River; and WHEREAS, it is necessary for the City to acquire certain property rights hereinafter described for the purpose of constructing the Project; and WHEREAS, the City will negotiate in good faith for the acquisition of said property rights from the owners thereof; and WHEREAS, the acquisition of the property rights is desirable and necessary for the construction of the Project,is in the City's best interest and enhances public safety and welfare; and WHEREAS, the acquisition of such property rights 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 property rights described on attached Exhibits"A"through"E",copies of which are on file in the office of the City Clerk and incorporated herein by this reference, for the purpose of constructing the Project. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the said property rights for the City by eminent domain proceedings. Section 3. The City Council finds, in the event that acquisition by condemnation of the property rights described in this Ordinance is commenced, that immediate possession is necessary for the public safety and welfare. Introduced, considered favorably on the first reading and ordered published this 6th day of July, A.D. 2004, and to be presented for final passage on the 20th day of July, A.D. 2004. Mayor A EST: d City Clerk- Passed and adopted on final reading this 20th day of July, A.D. 2004. Mayo ATTEST: ILL City Clerk PERMANENT ACCESS EASEMENT E)=IT A DESCRIPTION: A tract of land located in the Northwest Quarter of Section 22, Township 8 North, Range 69 West of the 61h Principal Meridian, County of Latimer, State of Colorado and being more particularly described as follows: Considering the north line of the Northwest Quarter of said Section 22 as bearing South 88°46'13" East and with all bearings herein contained relative thereto. Commencing at the North Quarter of said Section 22, from a found 2-1/2" aluminum cap in range box (PLS5028), dated 2002, thence along the north line of the northwest quarter of said Section 22,North 88°46'13" East, 936.09 feet,thence departing said north line, South 02008'18" East, 30.05 feet to a point on the south right of way line for West County Road 56 and the POINT OF BEGINNING of a strip of land 20.00 feet in width, lying east of,perpendicular to and adjacent with the following described line; continuing South 02008'18" East, 216.08 feet, thence South 90°00'00"East, 127.96 feet to a point which lies 20.00 feet West of and perpendicular to the East line of that parcel described at reception number 92011425, on file at the Larimer County Clerk and Recorder; thence continuing and being 20.00 feet from and parallel to said East line the following one (1) call, South 05°31'21" East, 1197.02 feet; thence, South 49'03'35" West, 182.47 feet; thence, South 40'06'15"East, 82.60 feet;thence, South 20°l l"32" East, 89.44 feet; thence, South 39°33'25"East, 61.31 feet;thence, South 64°45'21" East, 52.21 feet to a point which lies 20.00 feet West of and perpendicular to said East line of that parcel described at reception number 92011425;thence continuing and being 20.00 feet from and parallel to said East line the following two (2) calls, South 05°31'21"East, 40.16 feet to a curve concave to the East having a central angle of 06°03'16", a radius of 5799.58 feet and the chord of which bears South 08°32'59"East, 612.55 feet;thence along the arc of said curve, 612.83 feet;thence, South 35°06'12"West, 40.98 feet to the POINT OF TERMINUS of said line. The above described tract contains 1.243 acres,more or less, and is subject to all easements and rights of way now on record or in place.• f pq �. Ov r %' Vj0 F` V U .fl ' 37053 p, ¢� >° Michael David Lang: Colorado ProfessioA Land Surveyor Reg. No. 37053 �ss�''•. �...•'f�J °hAL LANp L:\SURVEY\E)=ITS\187310058\E=IT-A-ACCESS.doc kjUmdl/mpm TEMPORARY ACCESS EASEMENT EXHIBIT B DESCRIPTION: A tract of land located in the Northwest Quarter of Section 22, Township 8 North, Range 69 West of the 6`h Principal Meridian, County of Larimer, State of Colorado and being more particularly described as follows: Considering the north line of the Northwest Quarter of said Section 22 as bearing South 88046'13" East and with all bearings herein contained relative thereto. Commencing at the North Quarter of said Section 22, from a found 2-1/2" aluminum cap in range box (PLS 5028), dated 2002, thence along the north line of the northwest quarter of said Section 22,North 88°46'13"East, 936.09 feet,thence departing said north line, South 02°08'18" East, 30.05 feet to a point on the south right of way line for West County Road 56, thence along said right of way, South 88°46'13"East, 20.03 feet to the POINT OF BEGINNING of a strip of land 30.00 feet in width,the centerline of which is described as follows: South 45°43'57"East, 154.46 feet to a point which lies 15.00 feet West and perpendicular to the East line of that parcel described at reception number 92011425, on file at the Larimer County Clerk and Recorder; thence continuing and being 15.00 feet from and parallel to said East line, South 05°31'21"East, 88.09 feet to the POINT OF TERMINUS, excluding that portion lying within the prescriptive right of way for West County Road 56. The above described tract contains 7,043 square feet, more or less, and is subjecetoa easements and rights of way now on record or in place. 7 37053 phi Michael David Lang: Colorado Profession and Surveyor Reg.No. 37053 °� 7';! S Z i 4;SJ� L:\SURVEY\E)=ITS\187310058\E)UMIT-B-30'TCE.doc kjl/mdl/mpm 6/15/04 TEMPORARY ACCESS AND CONSTRUCTION EASEMENT E3 MIT C DESCRIPTION: A tract of land located in the Northwest Quarter of Section 22,Township 8 North, Range 69 West of the 6a'Principal Meridian, County of Latimer, State of Colorado and being more particularly described as follows: Considering the north line of the Northwest Quarter of said Section 22 as bearing South 88°46'13"East and with all bearings herein contained relative thereto. Commencing at the North Quarter of said Section 22, from a found 2-1/2" aluminum cap in range box (PLS5028), dated 2002, thence along the north line of the northwest quarter of said Section 22,North 88°46'13"East, 936.09 feet,thence departing said north line, South 02'08'18"East, 30.05 feet to a point on the south right of way line for West County Road 56,thence continuing South 02'08'18"East,216.08 feet,thence South 90°00'00"East, 127.96 feet to a point on a line which lies 20.00 feet West of and perpendicular to the East line of that parcel described at reception number 92011425, on file at the LarimeF County Clerk and Recorder said point also the POINT OF BEGINNING of a strip of land 10.00 feet in width,lying West of, perpendicular to and adjacent with the following described East control line,thence continuing and being 20.00 feet from and parallel to said East line of that parcel described at reception number 92011425 the following two (2) calls, South 05'31'21"East, 1072.95 feet to the beginning of a strip of land 108.00 feet in width lying west of,perpendicular to and adjacent with the following described line; South 05"31'21"East, 124.07 feet;thence, South 49°03'35"West, 117.57 feet to the beginning of a strip of land 10.00 feet in width lying west of,perpendicular to and adjacent with the following described line; thence, South 49-03'35"West, 64.90 feet; thence, South 49058'05"West, 10.00 feet to the POINT OF TERMINUS of said East control line. The above described tract contains 0.724 acres, more or less, and is subject to all o easements and rights of way now on record or in place. .RN%- id Michael David Lang: Colorado Profess' Land Surveyor Reg.No. 37053 v 0 yJ L_\SURVEY\EXEBTTS\187310058\E)=IT-C-TCE.dockjUmdllmpm 6!15/04 PERMANENT IMPROVEMENT EASEMENT EXHIBIT D DESCRIPTION: A tract of land located in the Northwest Quarter of Section 22, Township 8 North, Range 69 West of the 6`h Principal Meridian, County of Latimer, State of Colorado and being more particularly described as follows: Considering the north line of the Northwest Quarter of said Section 22 as bearing South 88°46'13"East and with all bearings herein contained relative thereto. Commencing at the North Quarter of said Section 22, from a found 2-1/2" aluminum cap in range box (PLS5028), dated 2002,thence along the north line of the northwest quarter of said Section 22,North 88°46'13"East, 802.42 feet to the northwest corner of that parcel described at Reception Number 92011425 on file at the Latimer County Clerk and Recorders Office;thence along the East line of said parcel South 05°3l'21" East, 1817.26 feet to the beginning of a curve concave to the east,having a central angle of 06°32'59", a radius of 5779.58 feet and the chord of which bears South 08°47'50" East, 660.33 feet; thence along the are of said curve 660.69 feet; thence South 12°04'20"East, 209.84 feet to the Southwest Comer of said parcel; thence along the South.line of said Parcel,North 89°00'22" West, 122.49 feet thence departing said South line,North 00°00'00"West, 5.75 feet to the POINT OF BEGINNING;thence,North 89'19'02" West, 179.49 feet; thence,North 00°40'58"East,22.09 feet; thence,North 88°52'58" West, 288.24 feet;thence,North 25°06'32" West,44.66 feet; thence,North 86°57'25" East, 349.85 feet;thence,North 31°25'21"West, 34.75 feet;thence,North 42°49'01" East, 66.01 feet;thence, South 61°33'24"East, 51.93 feet; thence,North 46°55'39"East, 108.21 feet;thence, South 54°53'48"East, 38.38 feet,thence, South 27°31'05" West, 113.91 feet; thence, South 34°31'25"East, 57.38 feet; thence, South 29°23'10" West, 52.49 feet to the POINT OF BEGINNING. The above described tract contains 1.037 acres, more or less, and is subject to all easements and rights //oof/f way now on record or in place. ov � . 37053 pS Michael David Lang: Colorado Prof tonal Land Surveyor Reg. No. 37053 6�IYA ' jQ 'no 5J �WAL LAB L:\SURVEY\EXHIBITS\187310058\EXHIBIT-D-DAM.doc kjl/mdl/mpm 6/15/04 PERMANENT STORMWATER AND CONSTRUCTION EASEMENT E,=IT E DESCRIPTION: A tract of land located in the Northwest Quarter of Section 22, Township 8 North,Range 69 West of the 6`h Principal Meridian, County of Latimer, State of Colorado and being more particularly described as follows: Considering the north line of the Northwest Quarter of said Section 22 as bearing South 88°46'13"East and with all bearings herein contained relative thereto. Commencing at the North Quarter of said Section 22, from a found 2-1/2" alumimun cap in range box (PLS5028), dated 2002,thence along the north line of the northwest quarter of said Section 22,North 88°46'13"East, 802.42 feet to the northwest comer of that parcel described at Reception Number 92011425 on file at the Larimer County Clerk and Recorders Office; thence along the East line of said parcel, South 05°31'21"East, 1817.26 feet to the beginning of a curve concave to the east,having a central angle of 06°32'59", a radius of 5779.58 feet and the chord of which bears South 08°47'50"East, 660.33 feet; thence along the are of said curve 660.69 feet;thence South 12°04'20"East, 209.84 feet to the Southwest Comer of said parcel;thence along the South.line of said parcel,North 89°00'22"West, 122.49 feet thence departing said South line,North 00°00'00" West, 5.75 feet;thence,North 89°19'02" West, 179.49 feet; thence, North 00°40'58"East,22.09 feet;thence,North 88°52'58" West, 288.24 feet; thence, North 25°06'32" West,44.66 feet to the POINT OF BEGINNING; thence,North 26°52'55" West, 274.56 feet; thence, South 51°19'01" West, 141.44 feet; thence,North 89°26'58" West, 21.04 feet to the West line of that parcel described at reception munber 92011425, on file at the Larirner County Clerk and Recorder; thence along said West line, North 00°45'00"East, 554.47 feet; thence departing said West line,North 64024153" East, 344.43 feet;thence,North 49°58'05"East, 271.01 feet,thence, South 40'06'15"East, 82.60 feet; thence, South 20°11'32"East, 89.44 feet; thence, South 39°33'25" East, 61.31 feet; thence, South 64°45'21"East, 52.21 feet to a point which lies 20.00 feet West of and perpendicular to the East line of that parcel described at reception number 92011425, on file at the Latimer County Clerk and Recorder; thence continuing and being 20.00 feet from and parallel to said East Line the following two (2) calls; South 05°31'21"East, 40.16 feet to a curve concave to the East having a central angle of 06'03'16", a radius of 5799.58 feet and the chord which bears South 08°32'59"East, 612.55; thence along the are of said curve, 612.83 feet;thence, South 35°06'12" West, 40.98 feet;thence,North 54°53'48" West, 13.10 feet;thence, South 46°55'39"West, 108.21 feet; thence,North 61°33'24" West, 51.93 feet; thence, South 42°49'01" West, 66.01 feet; thence, South 31°25'21"East, 34.75 feet; thence, South 86°57'25" West, 349.85 feet to the POINT OF BEGINNING. The above described tract contains 13.255 acres,more or less, and is subject Call easements and rights of way now on record or in place. Z �S.�/�G Michael David Lang: Colorado Prof Tonal Land Surveyor Reg.No. 37053L:\SURVEY\E,'=I'rS\l87310058\E)UIIBIT-E-POOL.doe kjl/mdl/mpm 6