HomeMy WebLinkAbout124 - 10/21/2008 - AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY FOR THE CONSTRUCTIO ORDINANCE NO. 124, 2008
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN
LANDS NECESSARY FOR THE CONSTRUCTION OF PUBLIC TRAIL IMPROVEMENTS
IN CONNECTION WITH THE MASON CORRIDOR TRAIL PROJECT
WHEREAS, the initial phase of the Mason Corridor Trail Project (the "Project"), adjacent
to the Burlington Northern Santa Fe Railway corridor and extending from Harmony Road to a point
along the Spring Creek Trail, was completed in September 2006; and
WHEREAS, Phase II of the Project will extend the Mason Corridor Trail from the Spring
Creek Trail to Prospect Road; and
WHEREAS,the Project provides a critical transportation connection between Colorado State
University, the existing Mason Corridor Trail, the Spring Creek Trail, and the City's community-
wide trail system; and
WHEREAS, in order to construct the Project it is necessary for the City to acquire certain
property interests (the "Property") as described on Exhibit "A", attached hereto and incorporated
herein by this reference; and
WHEREAS,the City will negotiate in good faith for the acquisition of the Property from the
landowners; and
WHEREAS, the acquisition of the Property is desirable and necessary for the construction
of the Project, is in the City's best interest and enhances public health, safety, and welfare; and
WHEREAS, the acquisition of the Property rights may, by law, be accomplished through
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 and in
the public interest to acquire the Property described on Exhibit A for the purpose of constructing the
Mason Corridor Trail Project.
Section 2. That the City Council hereby authorizes the City Attorney and other
appropriate officials of the City to acquire the Property for the City by eminent domain.
Section 3. That the City Council finds, in the event that acquisition by eminent domain
of the Property 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 7th day of
October, A.D. 2008, and to be presented for final passage on t st day of October, A.D 2008.
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May r
ATTEST:
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Chief Deputy City Clerk
Passed and adopted on final reading on the 21st day of er, A.D. 2008.
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Mayor
ATTEST:
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City Clerk
Exhibit "A" Page 1 of 4
EXHIBIT "A"
PROJECT NUMBER: STU M455-068
PARCEL NUMBER: PE1
PROJECT CODE: 15046
DATE : March 24 , 2008
LEGAL DESCRIPTION
A tract of land being Parcel No. PE1 Of the Department of
Transportation, State of Colorado, Project No. STU M455-068,
containing 5,489 square feet (more or less) , located in the
Northeast quarter of Section 23 , Township 7 North, Range 69 West
of the Sixth Principal Meridian, City of Fort Collins, Larimer
County, Colorado, the said tract is also located in Lot 10 of
Griffin Plaza Subdivision, a plat of record with the Clerk and
Recorder of the said Larimer County, being more particularly
described as follows ;
Commencing at the north quarter corner of Section 23 , T. 7 N. , R.
69 W of the 6`° P.M. ; THENCE along the north line of the said
northeast quarter, South 89 degrees 21 minutes 45 seconds East for
a distance of 2032 . 64 feet to the northerly extension of the east
line of the said Griffin Plaza Subdivision; THENCE along the said
extended line, South 00 degrees 11 minutes 19 seconds West for a
distance of 30 . 00 feet to the northeast corner of the said Lot 10
Griffin Plaza Subdivision and to the TRUE POINT OF BEGINNING OF
THIS DESCRIPTION;
1 . THENCE along the east line of the said Lot 10, South 00
degrees 11 minutes 19 seconds West for a distance of 170 . 00
feet to the southeast corner of the said Lot 10;
2 . THENCE along the south line of the said Lot 10, North 89
degrees 21 minutes 45 seconds West for a distance of 39 .25
feet;
3 . THENCE leaving the said south line, North 00 degrees 11
minutes 19 seconds East for a distance of 48 . 62 feet;
4 . THENCE South 89 degrees 48 minutes 41 seconds East for a
distance of 12 . 00 feet;
5 . THENCE North 00 degrees 11 minutes 19 seconds East for a
distance of 62 . 56 feet;
6 . THENCE along a curve to the left having a radius of 42 . 00
feet, a central angle of 20 degrees 21 minutes 51 seconds
and an arc length of 14 . 93 feet, being subtended by a chord
of North 09 degrees 59 minutes 36 seconds West for a distance
Page 1 of 2
Exhibit "A" Page 2 of 4
of 14 . 85 feet;
7 . THENCE along a reverse curve to the right having a radius of
58 . 00 feet a central angle of 20 degrees 21 minutes 51
seconds and an arc length of 20.61 feet, being subtended by a
chord of North 09 degrees 59 minutes 36 seconds West for a
distance of 20 . 51 feet;
8 . THENCE North 00 degrees 11 minutes 19 seconds East for a
distance of 17 . 71 feet;
9 . THENCE North 22 degrees 42 minutes 14 seconds West for a
distance of 5 . 14 feet;
10 . THENCE North 00 degrees 38 minutes 15 seconds East for a
distance of 1 . 54 feet to the north line of the said Lot 10;
11 . THENCE along the said north line, South 89 degrees 21 minutes
45 seconds East for a distance of 35 .49 feet to the point of
beginning.
The above described tract contains 5, 489 square feet (more or
less) and is subject to all easements and rights of ways now
existing or of record.
Basis of Bearings : Considering the north line of the said
northeast quarter of Section 23, T7N, R69W of the 6C6 P.M. as
bearing South 89 degrees 21 minutes 45 seconds East between a
found 2 .5" alum. cap monument, PLS 17497 at the north quarter
corner of the said Section 23 and a found 3" alum. cap monument,
PLS 17497 at the northeast corner of the said Section 23 , based
upon the City of Fort Collins coordinate base and G. P.S.
observation;
WALLACE C. MUSCOTT COLORADO P.L.S . 17497
P.O. BOX 580
FORT COLLINS, CO 80522
Page 2 0£ 2
Exhibit "A" Page 3 of 4
EXHIBIT "A"
PROJECT NUMBER: STU M455-068
PARCEL NUMBER: TEl
PROJECT CODE: 15046
DATE: March 24, 2008
LEGAL DESCRIPTION
A tract of land being Parcel No. TE1 Of the Department of
Transportation, State of Colorado, Project No. STU M455-068 ,
containing 14 , 462 square feet (more or less) , located in the
Northeast quarter of Section 23, Township 7 North, Range 69 West
of the Sixth Principal Meridian, City of Fort Collins, Larimer
County, Colorado, the said tract is also located in Lot 10 of
Griffin Plaza Subdivision, a plat of record with the Clerk and
Recorder of the said Larimer County, being more particularly
described as follows;
Commencing at the north quarter corner of Section 23 , T. 7 N. , R.
69 W of the 6`° P.M. ; THENCE along the north line of the said
northeast quarter, South 89 degrees 21 minutes 45 seconds East for
a distance of 2032 . 64 feet to the northerly extension of the east
line of the said Griffin Plaza Subdivision; THENCE along the said
extended line, South 00 degrees 11 minutes 19 seconds West for a
distance of 30 . 00 feet to the northeast corner of the said Lot 10
Griffin Plaza Subdivision; THENCE along the north line of the said
Lot 10, North 89 degrees 21 minutes 45 seconds West for a distance
of 35 .49 feet to the westerly line of the proposed Mason
Transportation Corridor Trail Easement and to the TRUE POINT OF
BEGINNING OF THIS DESCRIPTION;
1 . THENCE along the said westerly line of the Mason
Transportation Corridor Trail Easement the following eight
(8) courses and distances, (1) South 00 degrees 38 minutes 15
seconds West for a distance of 1 . 54 feet;
2 . (2) South 22 degrees 42 minutes 14 seconds East for a
distance of 5 . 14 feet;
3 . (3) South 00 degrees 11 minutes 19 seconds West for a
distance of 17 . 71 feet;
4 . (4) along a curve to the left having a radius of 58 . 00 feet a
central angle of 20 degrees 21 minutes 51 seconds and an arc
length of 20 . 61 feet, being subtended by a chord of South 09
degrees 59 minutes 36 seconds East for a distance of 20 . 51
feet;
5 . (5) along a reverse curve to the right having a radius of
42 . 00 feet a central angle of 20 degrees 21 minutes 51
seconds and an arc length of 14 . 93 feet, being subtended by a
chord of South 09 degrees 59 minutes 36 seconds East for a
distance of 14 . 85 feet;
Page 1 of 2
Exhibit "A" Page 4 of 4
6 . (6) South 00 degrees 11 minutes 19 seconds West for a
distance of 62 . 56 feet;
7 . (7) North 89 degrees 48 minutes 41 seconds West for a
distance of 12 . 00 feet;
8 . (8) South 00 degrees 11 minutes 19 seconds West for a
distance of 48 . 62 feet to the south line of the said Lot 10;
9 . THENCE along the said south line of Lot 10, North 89 degrees
21 minutes 45 seconds West for a distance of 59 . 26 feet to
the westerly line of the said Lot 10;
10 . THENCE along the said westerly line of Lot 10, along a non-
tangent curve to the left having a radius of 90 . 00 feet a
central angle of 22 degrees 05 minutes 02 seconds and an arc
length of 34 . 69 feet, being subtended by a chord of North 36
degrees 47 minutes 22 seconds West for a distance of 34 .48
feet;
11 . THENCE leaving the said westerly line of Lot 10, non-tangent
from the previous curve, North 00 degrees 11 minutes 19
seconds East for a distance of 142 . 62 feet to the northerly
line of the said Lot 10;
12 . THENCE along the said northerly line, South 89 degrees 21
minutes 45 seconds East for a distance of 83 . 76 feet to the
point of beginning.
The above described tract contains 14 , 462 square feet (more or
less) and is subject to all easements and rights of ways now
existing or of record.
Basis of Bearings : Considering the north line of the said
northeast quarter of Section 23, T7N, R69W of the 6`h P.M. as
bearing South 89 degrees 21 minutes 45 seconds East between a
found 2 . 5" alum. cap monument, PLS 17497 at the north quarter
corner of the said Section 23 and a found 3" alum. cap monument,
PLS 17497 at the northeast corner of the said Section 23 , based
upon the City of Fort Collins coordinate base and G. P. S.
observation;
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
Page 2 of 2