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HomeMy WebLinkAbout057 - 07/05/2005 - AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY FOR THE CONSTRUCTIO ORDINANCE NO. 057, 2005 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 - EAST VINE DIVERSION CHANNEL WHEREAS, the construction of the Dry Creek Drainage Improvements Project (the "Project") is scheduled to start in 2005; and WHEREAS, the Project includes modifications to Douglas Lake spillway, 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 to carry stormwater flows from the Larimer& Weld Canal to near the confluence of Dry Creek and the Poudre River; and WHEREAS, it is necessary for the City to acquire certain property rights hereinafter described in the incorporated exhibits 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" and "B", 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 17th day of May, A.D. 2005, and to be presented for final passage on the 5th day of July, A.D. 2005. Ma A(\TTT`E,ST1(:�I II�W�p4�1 \ •�� 1St0i.A�PSLJIC City Clerk Passed and adopted on final reading this 5Wdayoy, A.D. 2005. Mayor ATTEST: " City Clerk Stantec Consulting Inc. EXHIBIT "A„ 209 South Meldrum Street Fort Collins CO 80521-2603 Tel:(970)482-5922 Fax:(970)482-6368 stantec.com %F StaMec DESCRIPTION A tract of land located in the Northeast Quarter of Section 6, Township 7 North, Range 68 West of the 61h Principal Meridian, County of Larimer, State of Colorado being more particularly described as follows; Basis of Bearings: The West line of the Northwest Quarter of said Section 6 being monumented at the Northwest Corner of Section 6 by a 3 %4" brass cap in range box stamped "PLS 20123 , 1989" , and at the West '/4 corner of Section 6 by an illegible 3 '/4" cap in asphalt, in the centerline of Lemay Ave, with a line between assumed to bear, South 00°34'01" West , with all bearings herein relative thereto; COMMENCING at the Northwest Corner of said Section 6, Thence South 00°34'01" West, 1971.13 feet along the West line of the Northwest Quarter of said Section 6, to the Southwest Corner of the North Half of the South Half of the North Half of said Section 6 as shown on the plat of Lindenwood Second Filing recorded at Book 1399, Page 481 of the records of Larimer County, Thence North 89°41'31"East, 2715.48 feet along the South line of the North Half of the South Half of the North Half of said Section 6, to the Southeast Corner of said Lindenwood Second Filing, also being the Southwest Corner of Lindenwood Third Filing recorded at Book 1835, Page 945 of the records of Larimer County; Thence North 89°41'31" East, 1189.55 feet along the South line of the North Half of the South Half of the North Half of said Section 6 and the South line of said Lindenwood Third Filing, to the Northwest Corner of that parcel described at Reception No.99038798, of the records of Larimer County; Thence South 00°53'29" West, 10.70 feet along the West line of said Rec No. 99038798 to and existing fence, and the TRUE POINT OF BEGINNING, Thence South 00053'29" West, 76.47 feet along the Westerly line of said parcel described at Rec. No. 99038798 of the records of Larimer County; Thence departing said Westerly line North 88005'26" East, 400.45 feet; Thence North 88°45'09" East, 91.80 feet; Page 1 of 3 -SUinfec Thence North 75°06'21"East 149.46 feet; Thence North 62'l I'16" East, 79.74 feet; Thence South 89041'31" West, 229.61 feet; Thence South 16151'55" West, 6.67 feet to an existing fence running in a Easterly and Westerly; Thence South 89'10'12" West, 474.29 feet along said fence running Easterly and Westerly to the TRUE POINT OF BEGINNING• The above-described tract contains 1.028 acres, more or less, and is subject to all easements and rights of way of record or existing. Thomas W. Nicholas Colorado Professional Land Surveyor Registration Number 28657 �� R i �`. V:\52871flactive\survey\EXHIBITS\1 873 1 0058\EXHIBITA WEISSrev31405.doc •'! NBC•��" �5 November 15, 2004 kjUtwn _2 J .� 0 . Revised: January 26, 2005 w: = 28657 :cc Revised: March 07,2005 Revised: March 10,2005 Revised: March 14,2005 ��'�Ns/'•..�1i`f �.`�� Page 2 of 3 v:\5287!F,:.yctl,e\survey\EXHIAI FS\18 7 310 0 5 8\18 7 3100 58v-eH001rev-veissrev031e U5tlwp 03/14/2005 0142113 PM MST _ 1y N S 00'34'OT" W 1971.13' z <o� l� - -" m m f- -__(BASIS OF BEARINGS) >m> z z 0 e W'ESfLIN-E OF THZ _"�--- _ NW QUARTER m=A N✓�N m W SEC 6 T7N R68W �U Z w e Oa a v, FFO a m m N O I I m SOUTHEAST CORNER o a 0000-=1 _I m F m 0 LINDENWOOD N a a 0 n 1 SECOND FILING a m p I BR 1399, PG 481 o m o n o y a m I m H 3 O oa1 G tim m Dzm= 5 z z0 mom m ? vo**Z r ~ O j D30 N -1 O Ie W V m A W N 2 m D r ITT � w = Z z y ITT � p W Z zz zln E: Im m y A N b N N N m m O m m F I m O W O O !i d N D ti _W ro O N jN O� U N W aD i A (7� t0 N OI t00 m b n fl m I H F FFF�ri r m a r a mm y >0 a a a ICI `�y m m iiYY4 � 9 f'•.e i 9 C I G° C •� ,r ep�M°8 ti .e. m m I m 9 0 01 y ion i�e z N O O � O m 1a1 �AFI a m ti ( z C -1 z 9;�.-dF z z y z — �I a n O T� T 0 O c z =a f o o w 3 Z �a 0 x A. mm 2 m s �mD m 0 �` nAZlj. D ti, a z � ! 0 N m y r a r 0m0A om _,2p a OD A 20 per m�, a C z g 01 0 sy0 ,� e0 AA m 3 My� 3 D 0 e) w m 1A O N�Yq �n97 a � 9uc AmT Fi tll S 9f 0'm m c 0 n g m'd O y m b nm0�0� 0-'OW Z m 00 _ O P<m nTIc l� W D M, Omrt Z Zm_ I a T NmmOA O W f N 3 amm nN 0 m n g m o VV m Stantec Consulting Im EXHIBIT "B" i 209 South Meldrum Street Fort Collins CO 80521-2603 Tel:(970)482-5922 Fax:(970)482-6368 stantec.com Stantec DESCRIPTION A tract of land located in the Northeast Quarter of Section 6, Township 7 North, Range 68 West of the 6th Principal Meridian, County of Latimer, State of Colorado being more particularly described as follows; Basis of Bearings: The West line of the Northwest Quarter of said Section 6 being monumented at the Northwest Corner of Section 6 by a 3 %4 " brass cap in range box stamped "PLS 20123 , 1989" , and at the West %4 comer of Section 6 by an illegible 3 %4" cap in asphalt, in the centerline of Lemay Ave, with a line between assumed to bear, South 00°34'01" West , with all bearings herein relative thereto; COMMENCING at the Northwest Corner of said Section 6, Thence South 00°34'01" West, 1971.13 feet along the West line of the Northwest Quarter of said Section 6, to the Southwest Corner of the North Half of the South Half of the North Half of said Section 6 as shown on the plat of Lindenwood Second Filing recorded at Book 1399, Page 481 of the records of Latimer County, Thence North 89°4 P31"East, 2715.48 feet along the South line of the North Half of the South Half of the North Half of said Section 6, to the Southeast Corner of said Lindenwood Second Filing, also being the Southwest Comer of Lindenwood Third Filing recorded at Book 1835, Page 945 of the records of Larimer County; Thence North 89°4 P31" East, 1189.55 feet along the South line of the North Half of the South Half of the North Half of said Section 6 and the South line of said Lindenwood Third Filing, to the Northwest Corner of that parcel described at Reception No.99038798, of the records of Larimer County; Thence South 00°53'29" West, 87.18 feet along the West line of said parcel to the TRUE POINT OF BEGINNING, Thence departing said West line North 88°05'26" East 400.45 feet; Thence North 88°45'09"East, 91.80 feet; Page 1 of 3 Stwtec Thence North 75006'21" East 149.46 feet; Thence North 62011'10" East, 79.74 feet to the aforementioned South line of the North Half of the South Half of the North Half of said Section 6, and the South line of said Lindenwood Third Filing; Thence along said South line,North 89°41'31"East, 33.21 feet; Thence South 25°06'22" West, 24.31 feet; Thence South 62°11'10" West, 93.20 feet; Thence South 75006'21" West, 156.45 feet; Thence South 88°45'09" West, 95.22 feet; Thence South 88'05'26" West, 401.75 feet to the aforementioned West line of that parcel described at Reception No. 99038798; Thence North 00°53'29"East, 30.04 feet along said West line to the TRUE POINT OF BEGINNING; The above-described tract contains 0.514 acres,more or less, and is subject to all easements and rights of way of record or existing. ``````��t:u 1R11.111//'' . i 28887 K :cc CO Thomas W.Nicholas Colorado Professional Land Surveyor Registration Number 28657 V:\5287If\active\survey\EXHIBITS\187310058\EXHIBITB WEISS.doc November 15,2004 1j1/twn Revised: January 26,2005 Page 2 of 3 VA528II f\ac tive\survey\ERMIBI TS\18)310058\187310058v-en001re,Weis s.tle9 01/26/2005 01221;13 PM MST p b z S 00'34'01" W 1971,13' x +1� (8AS15 OF EARINGS b WEST LINE OF THE V A'mn �y zmzA ? 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