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HomeMy WebLinkAbout164 - 11/20/2001 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN LANDS FOR A NATURAL AREA ALONG SPRING CREEK ORDINANCE NO. 164, 2001 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS FOR A NATURAL AREA ALONG SPRING CREEK ON A PORTION OF LOT 1 OF SHADOWBROOK P.U.D. 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 Brookhaven Homeowner's Association("BHOA") for a Natural Area; and WHEREAS,the BHOA 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: Section 1. 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 a Natural Area. 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. Introduced, considered favorably on first reading and ordered published on the 6th day of November, A.D. 2001, and to be presented for final passage on the 20th day of November, A.D. 2001. I 'Mayor �. . ATTEST: ,,,I �� <v,," — City Clerk Passed and adopted on final reading this 20th day of November, A.D. 2001. Mayor ATTEST: - )LI)Pk City Clerk EXHIBIT"A" A tract of land located in the northeast quarter of Section 24, Township 7 North,Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado,the said tract is also described as all that part of Lot 1 of Shadowbrook P.U.D., a Plat of record with the Clerk and Recorder of the said Larimer County, lying north of the southerly line of that easement recorded October 23, 1981 in Book 2148 at Page 0344 records of the said Clerk and Recorder, being more particularly described as follows; Considering the east line of the said Lot 1 as bearing South 00 degrees 07 minutes 30 seconds East, and with all bearings contained herein relative thereto; Commencing at the northeast corner of the said Lot 1,the said northeast corner is also the TRUE POINT OF BEGINNING of this description; THENCE along the said east line of Lot 1, South 00 degrees 07 minutes 30 seconds East for a distance of 24.60 feet to the south line of the said easement recorded in Book 2148 at Page 0344; THENCE leaving the said east line and along the said south line the following seven(7)courses and distances: (1) South 69 degrees 55 minutes 08 seconds West for a distance of 201.96 feet; (2)along a curve to the left having a radius of 67.83 feet a central angle of 40 degrees 46 minutes 41 seconds and an arc length of 48.28 feet, being subtended by a chord of South 49 degrees 31 minutes 42 seconds West for a distance of 47.27 feet; (3) along a curve to the right having a radius of 127.50 feet a central angle of 50 degrees 57 minutes 05 seconds and an arc length of 113.38 feet, being subtended by a chord of South 54 degrees 36 minutes 49 seconds West for a distance of 109.8 feet; (4) South 80 degrees 05 minutes 22 seconds West for a distance of 190.96 feet; (5)along a curve to the left having a radius of 92.50 feet a central angle of 32 degrees 57 minutes 53 seconds and an arc length of 53.22 feet, being subtended by a chord of South 63 degrees 36 minutes 26 seconds West for a distance of 52.49 feet;(6)South 47 degrees 07 minutes 29 seconds West for a distance of 29.57 feet; (7) along a curve to the right having a radius of 87.50 feet a central angle of 60 degrees 57 minutes 08 seconds and an are length of 93.08 feet,being subtended by a chord of South 77 degrees 36 minutes 03 seconds West for a distance of 88.76 feet to the west line of the said Lot 1;THENCE leaving the said south line, along the said west line of Lot 1, non-tangent from the previous curve, North 00 degrees 07 minutes 45 seconds West for a distance of 280.16 feet to the north line of the said Lot 1;THENCE along the said north line of Lot 1,North 89 degrees 42 minutes 30 seconds East for a distance of 659.13 feet to the point of beginning. Containing 2.484 Acres more less. The above described easements are subject to all easements and rights of ways now existing or of record. BROOKHAVEN CONDOMINIUM ASSOCIATION PURCHASE LOCATION MAP C a N ® PROPOSED PURCHASE PROPERTY /■