HomeMy WebLinkAbout115 - 07/20/2004 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY FOR THE CONSTRU ORDINANCE NO. 115, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF
CERTAIN LANDS NECESSARY FOR THE CONSTRUCTION OF PUBLIC
IMPROVEMENTS IN CONNECTION WITH THE STREET OVERSIZING OF DRAKE
ROAD AND ZIEGLER ROAD REALIGNMENT PROJECT
WHEREAS, the construction of public improvements in connection with the street
oversizing of Drake Road and Ziegler Road Realignment Project (the 'Project") is scheduled to
start in the Spring of 2005; and
WHEREAS, the Project will include the construction of improvements to Drake Road
and Ziegler road so as to meet minor arterial standards, eliminate current substandard roadway
conditions including sharp curves and narrow, one-lane bridges, and complete a critical
transportation link in the area; and
WHEREAS, it is necessary for the City to acquire certain properties hereinafter described
for the purpose of constructing street, drainage and other related improvements in connection
with the Project; and
WHEREAS, the City will negotiate in good faith for the acquisition of said properties
from the owners thereof; and
WHEREAS, the acquisition of the properties is desirable and necessary for the
construction of the Project, is in the City's best interest and enhances the public health, safety
and welfare; and
WHEREAS, the acquisition of such properties 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 Exhibits "A" and "B", attached
hereto and incorporated herein by this reference, for the purpose of constructing the Project and
other related improvements for the Project.
Section 2. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire said real property for the City by eminent domain
proceedings.
Section 3. The City Council finds, in the event that acquisition by condemnation of
any parcel described in this Ordinance is commenced, that immediate possession is necessary for
the public health, safety and welfare.
Introduced, considered favorably on 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.
s-
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 20th day of July, A.D. 2004.
' i
Mayor
ATTEST:
a
City Clerk
EXHIBIT "A"
Page 1 of 2
LEGAL DESCRIPTION
lk,OPE AND DRAINAGE
EASEMENT
A PARCEL LYING WITHIN THE SOUTHWEST ONE QUARTER OF SECTION 20, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS,
COUNTY OF LARRVIER, STATE OF COLORADO,BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 20,
TOWNSHIP 7 NORTH, RANGE 68 WEST, BEING MONUMENTED AT THE WEST END BY A 2 1/2"
ALUMINUM CAP STAMPED "LS 14823" IN A RANGE BOX, AND AT THE EAST END BY A 3"
ALUMINUM CAP MARKED "RA BRADSHAW" IN A RANGE BOX, IS ASSUMED TO BEAR
S89026'35"E,WITH A DISTANCE OF 2641.85 FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 20, THENCE
N89026'35"W, ON THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER, A DISTANCE OF
1304.45 FEET; THENCE N00°17'35"W, A DISTANCE OF 30.00 FEET, TO THE POINT OF
BEGINNING; THENCE N00017'35"W, ON THE WESTERLY LINE OF THE CARGILL PROPERTY,
AS RECORDED UNDER BOOK 1383, PAGE 143, LARMIER COUNTY RECORDS, A DISTANCE OF
20.00 FEET; THENCE S89°26'35"E A DISTANCE OF 1229.86 FEET; THENCE SOO°33'19"W, 20.00
FEET, TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF DRAKE ROAD; THENCE
N89026'35"W ON SAID NORTHERLY RIGHT-OF-WAY, A DISTANCE OF 1229.57 FEET TO THE
POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 24,594 SQUARE FEET(0.565 ACRES).
I, MICHAEL S^BISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF
COLORADO, AT THE ABOVE LEGAL DESCRIPTION AND ATTACHED
EXHIBIT WERMY RESPONSIBLE CHARGE AND ON THE BASIS OF MY
KNOWLEDGEELIEF,ARE CORRECT.
JA0MICHAEL S. B „B.Lr;Iz�E'S5•
COLORADO PLS -.2 P
FOR AND ON THE B JR ENGINEERING,LLC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE
OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR
OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS
AND RECOMMENDS CONSULTATION WITH AN ATTORNEY.
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EXHIBIT "A"
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EXHIBIT "B"
Page 1 of 2
LEGAL DESCRIPTION
TEMPORARY CONSTRUCTION
EASEMENT
A PARCEL LYING WITHIN THE SOUTHWEST ONE QUARTER OF SECTION 20, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS,
COUNTY OF LARiMER, STATE OF COLORADO,BEING DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE SOUTH LINE OF THE SOUTHWEST ONE-QUARTER OF SECTION 20,
TOWNSHIP 7 NORTH, RANGE 68 WEST, BEING MONUMENTED AT THE WEST END BY A 2 1/2"
ALUMINUM CAP STAMPED "LS 14823" IN A RANGE BOX, AND AT THE EAST END BY A 3"
ALUMINUM CAP MARKED "RA BRADSHAW" IN A RANGE BOX, IS ASSUMED TO BEAR
S89026'35"E,WITH A DISTANCE OF 2641.85 FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE SOUTH ONE-QUARTER CORNER OF SAID SECTION 20, THENCE
N89°26'35"W, ON THE SOUTH LINE OF SAID SOUTHWEST ONE-QUARTER, A DISTANCE OF
1304.45 FEET; THENCE N00°17'35"W, A DISTANCE OF 50.00 FEET, TO THE POINT OF
BEGINNING; THENCE N00°17'35"W, ON THE WESTERLY LINE OF THE CARGILL PROPERTY,
AS RECORDED UNDER BOOK 1383, PAGE 143, LARIMER COUNTY RECORDS, A DISTANCE OF
10.00 FEET; THENCE S8002635"E A DISTANCE OF 1230.01 FEET; THENCE S00°33'19"W, 10.00
FEET; THENCE N89°26'35"W A DISTANCE OF 1229.86 FEET TO THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 12,299 SQUARE FEET(0.282 ACRES).
I, MICHAEL S. BRAKE, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF
COLORADO, D ATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED
EXHIBIT WE e ER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY
KNOWLED BELIEF,ARE CORRECT.
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MICHAELS XF1P.E;,. .L.S
COLORADO .�68
FOR AND ON T F]R ENGINEERING,LLC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE
OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR
OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS
AND RECOMMENDS CONSULTATION WITH AN ATTORNEY.
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