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HomeMy WebLinkAbout076 - 07/06/2010 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY FOR THE RANGEVI ORDINANCE NO. 076, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY FOR THE RANGEVIEW ADULT COMMUNITY UTILITY IMPROVEMENTS PROJECT WHEREAS,the City desires to acquire certain real property rights described in Exhibit"A", attached hereto and incorporated herein by reference (the "Property"), from the Rangeview Adult Community Condominium Association (the "Association") to install utility improvements (the "Improvements"); and WHEREAS, the Association concurs with City staffs recommendation to use eminent domain to complete the acquisition of the Property; and WHEREAS, the acquisition of the Property is desirable and necessary for the construction of the Improvements, is in the City's best interest and enhances public health, safety, and welfare; and WHEREAS,the acquisition of the Property may 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 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 Improvements. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire these property rights for the City by eminent domain. Section 3. The City Council finds, in the event that acquisition by eminent domain is commenced, immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 15th day of June, A.D. 2010, and to be presented for final passage on thC6t (Ta`1 y of July, A.D. 2010. Mayor ATTEST: City.Clerk Passed and adopted on final reading on the 6th day of Ju .D. 2010. Mayo ATTEST: - `City Clerk Exhibit "A" Page 1 of 2 I DESCRIPTION OF A UTILITY EASEMENT LOCATED ON THE RANGEVIEW ADULT COMMUNITY ASSOCIATION PROPERTY TO BE DEDICATED TO THE CITY OF FORT COLLINS A Utility Easement located in the Southeast quarter of Section 35, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said easement is also located in the Plat of Rangeview P.U. D. , a plat of record with the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the south line of the said southeast quarter of Section 35 as bearing North 89 degrees 54 minutes 45 seconds West between a 3" alum. cap monument, PLS 17662 at the southeast corner of the said Section 35 and a 3" alum. cap monument, PLS 5028 at the south quarter corner of the said Section 35, based upon the City of Fort Collins coordinate base and G.P.S. observation; Commencing at the said southeast corner of Section 35; THENCE along the south line of the said southeast quarter, North 89 degrees 54 minutes 45 seconds West for a distance of 1251 .2E feet to a point on the southerly extension of the east line of said Rangeview P.U. D. ; THENCE along the southerly extension of the said east line, North 00 degrees 05 minutes 15 seconds East for a distance of 50. 00 feet to the southeast corner of said Rangeview P.U.D. , and a point on the north right of way of Harmony Road; THENCE along said right of way line, North 89 degrees 54 minutes 45 seconds West for a distance of 12 .00 feet to the east line of the proposed Utility Easement to be granted to the said City of Fort Collins and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE leaving the said right of way line, North 01 degrees 04 minutes 41 seconds East for a distance of 24 . 00 feet; THENCE North 89 degrees 54 minutes 45 seconds West for a distance of 30. 00 feet; THENCE South 01 degrees 04 minutes 41 seconds West for a distance of 24. 00 feet to the said north right of way of Harmony Road; THENCE along the said right of way line, South 89 degrees 54 minutes 45 seconds East for a distance of 30 . 00 feet to the point of beginning. Containing 720 square feet more less. The above described easement 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 Cotten t6 thC? besC of my profes9ionA1 kciowledge; belief and opinion. '. 1`,�,y4U 111 N glll p jai P.O. BOXWALLACE C580USCOTT FORT COLLINS, CC 8052217997 `,` QC........ ,, 17497 as �'N SUHVe��'' OOP< P P C'p` Exhibit"A" Page 2of2 LOCATION SKETCH RANGEVIEW ADULT COMMUNITY ASSOCIATION r ��, �ti0�s o F ` 1Q ��Go 5�8 I L5 . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . EXISTING 10' UTILITY ESM7 J . . . . . . . . . . . . . L3 L7 PROPOSED UTILITY ESM'T. 720 SQ.FT. (U EXISTING 50' ROW J W, HARMONY RD. SE CORNER 35-7-69 L1 NORTH LINE OF NE 1/4 (BASIS OF BEARINGS) Course Bearing Distance Ll N 89'54'45' W 1251,28' L2 N 00.05'15' E 50,00, L3 N 89'54'45' W 12.00' �f L4 N 01'04'41' E 24.00' N L5 N 89'54'45' W 30,00' L6 S 01.04'41' W 24.00, L7 S 89'54'45' E 30,00' THIS SKETCH AND THE AREAS NTS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY, AND DO NOT REPRESENT A MAY 20, 2010 MONUMENTED BOUNDARY SURVEY. K\SURVEY\PRDJ\CAPITAL\HARMONY