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HomeMy WebLinkAbout195 - 01/04/2000 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS FOR THE ROMA VALLEY AND M ORDINANCE NO. 195, 1999 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS FOR THE ROMA VALLEY AND MAIL CREEK ROADWAY CONNECTION WHEREAS, the City of Fort Collins desires to acquire certain real property described in Exhibit"A",attached hereto and incorporated herein by reference(the "Property") , from the Fossil Creek Homeowners Association("FCHOA")for the purpose of constructing a street connection from Roma Valley drive to Mail Creek Parkway; and WHEREAS, the FCHOA has requested that the City initiate eminent domain proceedings 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: Sectionl. 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 street connection. Section 2. That the Council hereby authorizes the City Attorney and other proper officials 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 favorably on first reading and ordered published 7th day of December, A.D. 1999, and to be presented for final passage on the 4th day of January, A.D. 2000. Mayor ATTEST: City Clerk Passed and adopted on final reading this 4th day of January, A.D. 2000. Mayor ATTEST: City Clerk _ - Exhibit "A„ - I ~ THE SEAR,BRO" GROUP FLILLrSMMCE pESIGN PROFESSIONALS FORMERLY ROD,INC. 209 SOUTH M21-DRUM r FORT COL UNS,COL ORADO 50521•2603 97%4e244jaa FAm m4al-6%" I7ESCRl mm(DEDICATION EXTENSION) A tract of land to be dedicated as a right of way,being a portion of Tract"C"of FOSSIL CREEK MEADOWS lar FILING on file at the Office of the Clerk and Recorder, Colorado,located Larimer County, in the Southwest Quarter of Section 1,Township 6 North,Range 69 West of the 6"'Principal Meridian,City of Fort Collins,County of Larimer,State of Colorado being more particularly described as follows: Considering the North line of mmAMONT VALLEY P.U-D.,on file at the Office oftha Cleric and Recorder,Larimer County,Colorado,as bearing South 89°13'30"East and with all bearings contained herein relative thereto: Commmaing at the Northwest corner of said M RAYONI'VALLEY P.UD.;thence, South 00026'23"West,along the West line of saidMIRAMONT VALLEY P.UD.-and the East line of said Southwest Quarter,93.95 feet to a point on the East ri&-Of-waY line of Mail Crook Lane of said FOSSIL CREEK MEADOWS 15T FILING,said point being the POINT OF BEGINNING;thence.continnia$along said East line,South 00*26123" West,9.82 feet;thence,South 00°26'23"West,54.16 feet;thence departing said East line,North 85°OT 59"West,3.55 feet to a point oa the East right-of-way line of said Mail Creek Lane, said point also being an a non tangent curve concave to the Northwest having a central angle of 06021'15",a radius of 575.67 feet and the chord of which bears North 03°36'59"East,63.81 feet;thence along said East right-of-way line and the arc of said curve 63.84 feet to the Point of Beginning. The above described dedications contains 0-002 acres(76 square feet)more or less and is subject to all easements and rights.of-way now on record or exLging- June 17, 1999 Ded2.doc r NEW YORK•PENNSYLVANLA COLORADO•UTA►i STANDARDS IN EXCELLENCE EQUAL OPPORTUNrIYEMPIAYER