HomeMy WebLinkAbout124 - 08/17/2004 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF LANDS NECESSARY FOR CONSTRUCTION OF PUB ORDINANCE NO. 124, 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 MANHATTAN
REGIONAL DETENTION POND PROJECT AND A PORTION OF THE
MASON TRANSPORTATION CORRIDOR BHUJPEDESTRIAN TRAIL
WHEREAS,the construction of the Manhattan Regional Detention Pond Project("Project")
and the Mason Transportation Corridor Bike/Pedestrian Trail Improvement Project ("Trail') are
scheduled to start in 2004; and
WHEREAS, the Project includes the construction of a regional detention pond which will
decrease flooding of the New Mercer Ditch and spilling of water over the Burlington Northern
Railroad tracks and onto Mason Street; and
WHEREAS, a portion of the Trail alignment is located on the berm of the Manhattan
Regional Detention Pond; and
WHEREAS,in order to most efficiently utilize resources and maximize cost savings,a berm
required for the regional detention pond should be constructed prior to or concurrently with the
construction of the Trail; and
WHEREAS, it is necessary for the City to acquire certain property rights hereinafter
described for the purpose of constructing the Project and Trail; 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 above-described property rights is desirable and necessary
for the construction of the Project and Trail,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 Exhibit "A", attached hereto and
incorporated herein by this reference, for the purpose of constructing the Project and Trail.
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 hereby finds that, in the event that acquisition by
condemnation of the property rights described in this Ordinance is commenced, immediate
possession is necessary for the public safety and welfare.
Introduced,considered favorably on the first reading and ordered published this 20th day of
July, A.D. 2004, and to be presented for final passage on the 17th day of August, A.D. 2004.
Major
ATTEST:
City Clerk
Passed and adopted on final reading this 17th day of August, A.D. 2004.
Mayor
ATTEST:
City Clerk
Exhibit A Page 1 of 2
DESCRIPTION OF A PARCEL OF LAND OF PARK SOUTH,2ND
FILING—P.U.D.,
A PARCEL OF LAND TO BE SOLD TO THE CITY OF FORT COLLINS,
LOCATED IN THE NORTHEAST Y4 OF SECTION 35, TOWNSHIP 7 NORTH,
RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT
COLLINS, LARIMER COUNTY, STATE OF COLORADO. SAID PROPERTY
IS ALSO A PORTION OF LAND DESCRIBED IN THE PLAT OF THE
PARK SOUTH, 2ND FILING — P.U.G., RECORDED APRIL 24, 1984 IN
BOOK 1255 AT PAGE 55 RECORD OF THE CLERK AND RECORDER OF
SAID LARIMER COUNTY, SAID PARCEL TO BE SOLD BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 35 AS BEARING SOUTH 89'43'38" EAST, WITH ALL
BEARINGS CONTAINED HEREIN RELATIVE THERETO;
COMMENCING AT THE. NORTHEAST CORNER OF SAID SECTION 35;
THENCE ALONG A LINE BEARING SOUTH 54'06'02" WEST FOR A
DISTANCE OF 1243.20 FEET TO THE TRUE POINT OF BEGINNING,
BEING THE NORTHEAST CORNER OF SAID PROPERTY DESCRIBED IN
THE PLAT OF THE PARK SOUTH, 2ND FILING — P.U.D.
THENCE SOUTH 01'03'07" WEST FOR A DISTANCE OF 1017.00 FEET;
THENCE SOUTH 89'59'07" WEST FOR A DISTANCE OF 504.02 FEET;
THENCE NORTH 62'00"53" WEST FOR A DISTANCE OF 188.87 FEET;
THENCE ALONG A NONTANGENT CURVE TO THE LEFT WHOSE CHORD
BEARS NORTH 25'10'42" EAST, WITH A RADIUS OF 835.68 FEET AND
AN ARC LENGTH OF 81.86 FEET;
THENCE SOUTH 88'27'26" EAST FOR A DISTANCE OF 258.81 FEET;
THENCE NORTH 02'34'12" EAST FOR A DISTANCE OF 193.23 FEET;
THENCE NORTH 67.24'31" WEST FOR A DISTANCE OF 93.57 FEET;
THENCE NORTH 01'57'39" WEST FOR A DISTANCE OF 197.86 FEET;
THENCE NORTH 09'24'26" WEST FOR A DISTANCE OF 119.61 FEET;
THENCE NORTH 89'59'07" EAST FOR A DISTANCE OF 323.37 FEET;
THENCE NORTH 05'40'38" WEST FOR A DISTANCE OF 50.00 FEET;
THENCE NORTH34'14'52" EAST FOR A DISTANCE OF 322.64 FEET
MORE OR LESS, TO THE TRUE POINT OF BEGINNING.
CONTAINING 366,638 SQUARE FEET OR 8.42 ACRES MORE OR LESS.
THE ABOVE DESCRIBED TRACT IS SUBJECT TO ALL EASEMENTS AND
RIGHTS OF WAYS NOW EXISTING OR OF RECORD,
I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY
ME AND IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL
KNOWLEDGE, BELIEF AND OPINI DESCRIPTION IS BASED UPON
PREVIOUSLY RECORDED PEA DR AND NOT UPON AN
L FIELD SUVRVEY
O•'........ F9
0'/c
ROBERT J. HENNESSY, CQL' 0 P.L.
FOR AND ON BEHALF OF ICU. 'NG1WE • INC.
8100 SOUTH AKRON STREET, S:PtEA�
ENGLEWOOD, COLOR ADO 80012
THE INFORMATION PRESENTED ON THIS EXHIBIT IS BASED
ON RECORDED DOCUMENTS FROM LARIMER COUNTY.
NO FIELD VERIFICATION HAS BEEN PERFORMED TO
CONFIRM ACTUAL LOCATION OF MONUMENTS, PROPERTY
CORNERS OR OTHER FEATURES DEPICTED ON THIS EXHIBIT.
SURVEYED
BY: CLIENT: ECOILINS
JOB NUMBER:
NSA CIILIN.S 03-043-MHP-35Y
GRAM BY: LOCATION: FILE NUMBER:
DDB lr �� T RUNG-P.UO.CHECKED SY: JI (cO 1\vSECTIBNRANGE CALF.R.M( • 11 CC EC 6AN scALcN AENGINEERING INC. IpA�. SIXTH MERIDIAN SHEET:bJ-04-7009 ��=�eaux�^' LAMMERAGO I oft
_ S89'43'38"E
2644.94'
NORTHEAST Y4 CORNER OF S54'06'02"W
SECTION 35—T7N—R69W 1243.20'
NORTH LINE OF TRUE POINT OF
NORTHEAST Y4 BEGINNING
SECTION 35
NORTH Y4 CORNER OF •�
SECTION 35—T7N—R69W c�`\'•
a ti� I
NOTE:
PARCEL OF LAND WHICH IS SUBJECT
TO EASEMENT AND RIGHT—OF—WAY TO
THE NEW MERCER DITCH COMPANY,
RECEPTION #96039387, IS GENERAL IN N05'40'38"W
NATURE AND NOT GRAPHICALLY 50.00'
DEPICTED.
N69'59'07"E
323.37'
/L_ _ _
(_ACCESS AND \ \\
;n UTILITY EASEMENT \ \\
z
8.42Acre \\ V AVA UQ
Z \ \\ City Easement Property
o \\ \ \ \ \\ a o0
J \ \ UTILITY EASEMENT \\ \\ z<' Pr
mw \ V A �� vo�io
_� \ \ 1 I III
N6 . I I J I III
835j3 W ACCESS AND
UTILITY EASEMENT III
2 Acre Remainder w N F
Development Site M M I I/JII
00 .I ICI
z 1 r --- - -J I�z,ll
S88'27'26"E I I Iw II
258.81' Jr
I I h
R=835.68 I I �w I I
L=81.86
I
40.96 I I FUTILITY EASEMENT aw
Tan ll
,t' z
A=5'36'44" II I I�
p
Ns2.
0
7888j3 W II II I I I
i
S89'59'07"W
THE INFORMATION PRESENTED ON THIS EXHIBIT IS BASED 504.02'
ON RECORDED DOCUMENTS FROM LARIMER COUNTY
NO FIELD VERIFICATION HAS BEEN PERFORMED TO O so- 100' 30C
CONFIRM ACTUAL LOCATION OF MONUMENTS, PROPERTY
CORNERS OR OTHER FEATURES DEPICTED ON THIS EXHIBIT HORIZONTAL SCALE: 1' = 100'
SURVEYED BY CLIENT'. JOB NUMBER:
N/A Exhibit A Page 2 of 2 CITY OF FORT COLLINS 03_043-M„P-352
DRAWN BY: LOCATION. FILE NUMBER:
DDB lr,/� `UT - PARK 6WM 2N0 FlLhYG-P.UD.
CHECKED BY: 11 1, �O/j\ SECTION TOWNSHIP RANGE "'
l�J 35 7N 69W scnLEp e
R EMCINEERIMG,Inc I'= TOO'
DATE: SIXTH PRINCIPAL MERIDIAN SHEET:
0
J-04-2004 �za�N,z.r..�3 za,N� LARIMER COLNTY, LOLORAoo 2 o/2