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Home My WebLink About086 - 07/20/2010 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PU ORDINANCE NO. 086, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS RELATED TO THE MASON CORRIDOR BUS RAPID TRANSIT PROJECT, PHASE III-A WHEREAS, the Mason Corridor Bus Rapid Transit Project(the"Project") is scheduled for construction in 2011; and WHEREAS, the Project involves the construction of a five mile, north-south byway which extends from Cherry Street on the north to a point south of Harmony Road(the site of the new South Transit Center); and WHEREAS, the Project will include a 24-foot wide traffic lane for buses with concrete paving, retaining walls, curb and gutter, and drainage and utility improvements; and WHEREAS,the Project will greatly enhance north-south transportation through the City and is expected to serve as a catalyst for economic growth and long-term development; and WHEREAS, it is necessary for the City to acquire certain property rights (the"Properties") hereinafter described on Exhibits"A"through"B",attached hereto and incorporated herein by this reference (the "Exhibits"), for the purpose of constructing the Project; and WHEREAS, the City will continue to negotiate in good faith for the acquisition of the Properties from the landowners; and WHEREAS,the acquisition of the Properties 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 Properties 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 11._- That the City Council hereby finds and determines that is necessary in the public interest to acquire the Properties described on the Exhibits for the purpose of the Mason Corridor Bus Rapid Transit Project. Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire the Property rights for the City by eminent domain. Section 3. The City Council finds, in the event that acquisition by eminent domain is commenced, that immediate possession is necessary for the public health, safety and welfare. Introduced,considered favorably on first reading,and ordered published this 6th day of July, A.D. 2010, and to be presented for final passage on th4duly, A.D. 2010. ATTEST: City Clerk Passed and adopted on final reading on the 20th day of J D. 2010. K4ayorCJ ATTEST: OuL Scia-z-0—i City Clerk Exhibit "A" Page 1 of 3 DESCRIPTION OF THE UNDERHILL PROPERTY TO BE DEEDED TO THE CITY OF FORT COLLINS A tract of land located in the northeast quarter of Section 2,, Township 6 North Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said tract is also that certain tract of land as described in a Larimer County Boundary Line Adjustment Agreement, Underhill Property, recorded June 11, 1997 at reception No. 97036595 records of the Clerk and Recorder of the said Larimer County, being more particularly described as follows; Considering the east line of the said northeast quarter of Section 2 as bearing South 00 degrees 55 minutes 05 seconds West between a 3" Brass Cap Monument at the northeast corner and a 2 . 5" Aluminum Cap Monument at the east quarter corner of Section 2, based upon G. P. S. observations and the City of Fort Collins coordinate system, and with all bearings contained herein relative thereto; Commencing at the northeast corner of the said Section 2; THENCE along the east line of the said northeast quarter of Section 2 , South 00 degrees 55 minutes 05 seconds West . for a distance of 1953 . 53 feet; THENCE leaving the said east line, South 88 degrees 07 minutes 05 seconds West for a distance of 48 . 10 feet to a point on the westerly right of way of College Avenue; THENCE along the said right of way, South 01 degrees 00 minutes 05 seconds West for a distance of 122 . 54 feet to the north east corner of the plat of Weberg P.U.D. a plat of record with the said Clerk and Recorder; THENCE along the north line of the said Weberg P. U.D. , North 88 degrees 36 minutes 55 seconds West for distance of 667 . 00 feet to the northwest corner of the said plat and to the TRUE POINT OF BEGINNING of this description; THENCE along the westerly extension of the said north line of the Weberg P.U. D. , North 88 degrees 36 minutes 55 seconds West for a distance of 245. 63 feet (previously recorded as 246. 47 feet) to the easterly right of way of the BNSF Railway; THENCE along the said easterly right of way, North 01 degrees 03 minutes 52-seconds -East for-a distance of -30: 0Ofeef — - --- -- -" THENCE leaving the said right of way, South 88 degrees 36 minutes 55 seconds East for a distance of 245 . 80 feet (previously recorded as 246. 66 feet) ; THENCE South 01 degrees 23 minutes 05 seconds West for a . distance of 30. 00 feet to the point of beginning. Containing 7, 371 ; square feet more or less . The above described tract is subject to all easements and rights of ways now existing or of record. Exhibit "A" Page 2 of 3 I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L. S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 ``voOdG,�CRA1 GrM i ��/7 `Q '.PEpISfT/n/FgF.•sCO s� sucry�;.••�p��.� I LOCATION SKETCH UNDERHILL PROPERTY � a I ' NE CORNER 2-6-69 1 Course Bearing Distance T Ll S 00'55'05' W 1953.53' 1-2 S 88'07'05' W 4B.10' 200' RAILWAY ROW I 1-3 S 01*00,05, W 122.54' JI W PROPOSED L4 N 88'36'55' W 667.00' I i- — TRACT TO BE L5 N 88.36'55' W 245.63' i i I DEEDED TO CITY L6 N 01'03'52' E 30.00, I Z 7,371 SQ. FT. 1-7 S 88'36'55' E 245.80' j W 18 S 01'23'05' W 30.00' i > I j i i Q N jL2 W i i r1 i l 7 i �D` IL7 Jj W 00 i -j L4 i J L5 i U APRIL 21, 2010 Up i > i WEBER PUD W = NTS i ! NpERS R aJi L._._._._._._...........-------- - -- - r - - -> i 15A o p WEST FAIRWAY LANE Z Lam Z m I I i I N THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED (,V 1 I I W PROPERTY DESCRIPTION ONLY, AND DO NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. K\SURV\PROJ\TRANSERV\BRT\ROW I Exhibit "B" Page 1 of 3 DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENTS TO BE ACQUIRED FROM W. J. VANSANT A Temporary Construction Easement located in Section 14 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 Lot 16 Block 1 of the G. F. Wiard' s Addition to the City of Fort Collins, 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 southeast quarter of the said Section 14 as bearing North 89 degrees 21 minutes 45 seconds West between a 3" Aluminum Cap Monument at the southeast corner and a 2 . 5" Aluminum Cap Monument at the south quarter corner of Section 14, based upon G. P. S. observations and the City of Fort Collins coordinate system, and with all bearings contained herein relative thereto; Commencing at the southeast corner of the said Section 14; THENCE along the south line of the southeast quarter of the said Section. 14, North 89 degrees 21 minutes 45 seconds West for a distance of 522. 91 feet to the east right of way of the BNSF Railway; THENCE along the said east right of way, North 00 degrees 11 minutes 19 seconds East for a distance of 129. 18 feet to the southwest corner of Lot 15 Block 1 of the G.-F. Wiard' s Addition to the City of Fort Collins; THENCE along the south line of the said Lot 15 Block 1, South 89 degrees 27 minutes 02 seconds East for a distance of 47 . 82 feet to the southwest corner of the said Lot 16 Block 1 G. F. Wiard' s Addition to the City of Fort Collins, and to the TRUE POINT OF BEGINNING of this description; THENCE along the south line of the said Lot 16 Block 1, South 89 degrees 27 minutes 02 seconds East for a distance of 50 . 00 feet to the southeast corner of the said Lot 16 Block 1; THENCE along the east line of the said Lot 16 Block 1, North 00 degrees 12 minutes 59 seconds East for a distance of 243. 36 feet; --- THENCE leaving the said" ea"st-"Tine; North -89- degrees" 9-minutes _ - - 08 seconds West for a distance of 50 . 00 feet to the west line of the said Lot 16 Block l; THENCE along the said west line, South 00 degrees 12 minutes 59 seconds West for a distance of 243 . 33 feet to the said southwest corner of Lot 16 Block 1 and to the point of beginning. Containing 12, 167 square feet (0.279 acres) more or less . The above described easement is subject to all easements and rights Exhibit "B" Page 2 of 3 of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L. S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 CPAIG a�gmtougmi �a�o sAFo'•.cO ` A 1749SUFNS 7' " e �, •,•� y� `,- N��F,OF --- ---- ---- --- -- -- Exhibit 'B" LOCATION SKETCH Page 3 of 3 W.J. VANSANT LAKE STREET 100' RAILWAY ROW 1 1 t��Jtts 6 g o� Vol L01 N 89'29'08" W .50.00' 3 " w Z LOT/6 RLR:K 7 ROB TLasR. CRNST E'sal. PROP TEMP. ESM 12.1675 47.82' "50.00': S 89'27'02" E �0r 1� w 6co ^ N p ^ O 2 __N-BT21'45"-W—_- -522.91 - S 1/4 CORNER SE CORNER 14-7-69 PROSPECT ROAD 14-7-69 N JUNE 11, 2010 NTS THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY, AND DO NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. S\ENG\SURV\PROJ\TRANSMABRT\CSUROW