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Home My WebLink About032 - 04/17/2012 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PU ORDINANCE NO. 032, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS_ IN CONNECTION WITH THE NORTH COLLEGE AVENUE ROADWAY IMPROVEMENT PROJECT -VINE TO CONIFER . WHEREAS, the North College Avenue Roadway Improvement Project (the"Project") is currently under construction; and WHEREAS, the Project involves the construction of curbs, gutters, driveway, bike lanes, sidewalks, streetscape, and other necessary improvements; and WHEREAS,the Project will improve the safety,operations,and aesthetics of North College between Vine Drive and the Hickory/Conifer intersection; and WHEREAS, it is necessary for the City to.acquire certain`property rights hereinafter, described on Exhibit"A"attached hereto and incorporated herein by this reference, for the purpose . of constructing the Project; and WHEREAS, the City will negotiate in good faith for the acquisition of said property rights from the owner thereof, and WHEREAS, the acquisition of the property rights 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 such 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 in the public interest to acquire the property rights described on Exhibit "A"--for the purpose of the Project: Section 2. That the City Council hereby authorizes the City Attorney and other appropriate officials of the City to acquire said property rights for the City by eminent domain proceedings. Section 3. The City Council hereby finds, in the event that acquisition by eminent domain of the property rights 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 3rd day of April, A.D. 2012, and to be presented for final passage on the 17th day of April, A.D. 2012. FORT o �F.,.......,0� Yor . ATTEST: -� a a � Interim City Clerk .....000 OOL.OR Passed and adopted on final reading on the 17th day of April, A.D. 2012. Nfa or ATTEST: yOF FORT Interim City Clerk Co a . ORADO•s EXHIBIT "A„ PROJECT NUMBER: AQC M455-079 PARCEL NUMBER: 106A Project Code: 16489 Date: March 20, 2012 A tract or parcel of land No. 106A of the City of Fort Collins, State of Colorado, Project No. AQC M455-079 containing 0.011 acres, more or less, being a portion of the property described in the records of the Larimer County Clerk&Recorder as Lot 1, Block 1 of the Will Subdivision, located in the SW 1/4 of Section 1, Township 7 North, Range 69 West, of the 6th Principal Meridian, in the City of Fort Collins, County of Larimer, State of Colorado, said tract or parcel being more particularly described as follows: Commencing at a point, whence the SW comer of said Section 1 (a 3 1/4" Brass Cap in a Range Box-PLS 25372), bears S07°41'19"W, a distance of 468.78 feet, said point being on the easterly right-of-way line of N. College Avenue(US 287), also being the TRUE POINT OF BEGINNING; 1. Thence S41°53'54"E,a distance of 18.54 feet; r 2. Thence S00°38'34"W, a distance of 71.58 feet to the south line of said Lot 1, Block 1 of the Will Subdivision; 3. Thence along said south line, S89°21'26"E, a distance of 6.50 feet; 4. Thence N00°38'34"E, a distance of 68.52feet; 5. Thence N48°03'44"W, a distance of 25.33.feet, more or less, to the TRUE POINT OF BEGINNING. The above described tract or parcel of land contains 481 sq. ft. (0.011 acres), more or less. Basis of Bearings' Bearings are based on the west line of the SW 1/4 of Section 1,Township 7 North, Range 69 West, of the 6th Principal Meridian, bearing N00°38'34"E. The SW corner of said Section 1 is a 3 1/4" Brass Cap in a Range Box-PLS 25372,and the WI/4 corner of said Section 1 is 3"Aluminum Cap in a Range Box-PLS 20123. --Prepared for and on behalf of the - - — ---- - - - - City of Fort Collins Micheal L. Bouchard, PLS #24941 Farnsworth Group, Inc. 3538 JFK Parkway, Suite 3 Fort Collins, CO 80525 4 LEGEND NOTE: THIS IS NOT A MONUMENTED SURVEY.IT IS P06 POINT OF BEGINNING INTENDED ONLY TO BE A GRAPHIC DEPICTION • CHANGE IN COURSE ONLY OF THE ATTACHED DESCRIPTION. TITLE INFORMATION PROVIDED BY LAND TITLE GUARANTEE COMPANY. _ 0 15 30 W SEC CDR SCALE: 1"=30' PARCEL 106A 481 Sq Ft (0.011 Acres) S41'53'54"E Owner: L & W PROPERTIES, 1s.54' A LIMITED LIABILITY COMPANY 2057 VERMONT DR N48'03'44"w- --- FORT COLLINS, CO 80525 P08 106A TO SW COR SEC 1 S0741'19'W-468.78' 15' DRAINAGE _- _ 1 j I il0.6A I -' BLOCK 1 t 1 $ti wzm -o w - LOT r - 00 I, I.... -.....I...�uo i o SyT 3 I 3e00 wiz . z IozW I S U B -D"I' U. I S I 0 N ,w, I a - / � °n W M I � '� I AKf cANAC T S7—N R SEC 69-1W / I m :� S89-211 26"E 6th PM w / M 'i O z / o ;- o -II _ 3 ; 0 Z 742-748 N COLLEGE AVE / PL PL PL -.,. PL PL YJ _F 40 N COLLEGE AVENA - m m Z N / / ) / / / / SW CDR / SEC 1 / S LINE SEC 1, T-7—N, R-69—W. 6th PM EXHIBIT A Project NO:0081370.05 F Farnsworth PARCEL 106A Drawn 1°f Approved: MLB GROUP LOT 1, BLOCK 1, WILL SUBDIVISION Date:. 03/20/12 3538 JFK PARKWAY,SUITE 3 SW 1/4 SECTION 1, T-7-N, R-69-W OF THE 6TH PM Revised: FORT COLLI266-10 6 (97 ) 525 266- CITY OF FORT COLLINS, LARIMER COUNTY, COLORADO 2 of 2 (970)266-1066/(970)266-7075 Fax PROJECT NUMBER: AQC M455-079. TEMPORARY EASEMENT NUMBER: TE-106 REV Project Code: 16489 Date: March 20, 2010 A temporary easement No. TEA 06 REV of the City of Fort Collins, State of Colorado,Project No. AQC M455-079 containing 0.035 acres, more or less, being a portion of the property described in the records.of the Larimer County Clerk&Recorder as Lot 1, Block 1 of the Will Subdivision, located in the SW 1/4 of Section 1, Township 7 North, Range 69 West, of the 6th Principal Meridian, in the City of Fort Collins, County of Larimer, State_of Colorado, said temporary easement being more particularly described as follows: Commencing at a point, whence the SW corner of said Section 1 (a 3 1/4" Brass Cap in a Range Box-PLS 25372), bears S07°41'19"W, a distance of 468.78 feet, said point being on the easterly right-of-way line of N. College Avenue(US 287), also being the TRUE POINT OF BEGINNING; V Thence S48°03'44"E,a distance of 25.33 feet; 2. Thence S00138'34"W, a distance of 68.52 feet to the south line of said Lot 1, Block 1 of the Will Subdivision; 3. Thence along said south line, S89°21'26"E, a distance of 10.00 feet; 4. Thence N00°38'34"E, a distance of 90.00 feet; 5. Thence N48°38'39"W, a distance of 38.30 feet to a point on the easterly right-of-way line of N. College Avenue(US 287); 6. Thence along said right-of-way line, S00138'34"W, a distance of 29.75 feet, more or less, to the TRUE POINT OF BEGINNING. The above described temporary easement contains 1,512 sq. ft. (0.035 acres), more or less. The purpose of the above described temporary easement is for the construction of roadway improvements along N. ---- College Avenue(US 287). --___--- Basis of Bearings: Bearings are based on the west line of the SW 1/4 of Section 1,Township 7 North, Range 69 West, of the 6th Principal Meridian, bearing N00°38'34"E. The SW corner of said Section 1 is a 3 1/4" Brass Cap in a Range Box-PLS 25372,and the WIA corner of said Section 1 is 3" Aluminum Cap in a Range Box-PLS 20123. Prepared for and on behalf of the City of Fort Collins Micheal L. Bouchard,PLS #24941 Farnsworth Group, Inc. 3538 7FK Parkway, Suite 3 Fort Collins, CO 80525 LEGEND NOTE: THIS IS NOT MONUMENTED SURVEY.IT IS POB POINT OF BEGINNING . - - INTENDED ONLY TO BE A GRAPHIC DEPICTION a CHANGE IN COURSE ONLY OF THE ATTACHED DESCRIPTION. TITLE INFORMATION PROVIDED BY LAND TITLE GUARANTEE COMPANY. 0 15 30 W 1/4 SEC COR SCALE: 1"=30' TE-106 REV 1,512 Sq Ft (0.035 Acres) Owner. L & W PROPERTIES, A LIMITED LIABILITY COMPANY SO0.38'34"w 2057 VERMONT .DR FORT COLLINS, CO 80525 POB 7E-106 ro SW COR SEC 1 sudpy�Uy S07 41'19"W-468.78' DRAINACE S� 1E-106 p3-I �\ - ESMT - /I d - BLOCK 1. it LOT i 3 AU9 N 1 5 m Un Esyrn Z Z$cZi 2 � WU SUB DI-hISIDN / / I SW SEC a MI; Mi Akf CANAL T N, R69 1W y W / II'3�0 � S89121'26"E 6th PM `" Z 10.00' 742-748 N COLLEGE AVE PL PL _- PL PL - % 1too �N' 740 N COLLEGE AVE 4A/A7FH4NA( fA vmBH L / 1 / / SW COR - - / SEC I S UNE SEC 1. T-7-N. R-69-W. 8th PM EXHIBIT A Project No:0081370.05 Farnsworth TEMPORARY EASEMENT NO.TE-106 REV ApprovyMLB GROUP ate: d: /12 35.38 JFK PARKWAY,SUITE 3 LOT 1, BLOCK 1, WILL SUBDIVISION RCV6� o3/zo/12 FORT COWNS,CO.80525 SW 114 SECTION 1, T-7-N, R-69-W OF THE 6TH PM (970)266-1066/(970)266-1075 Fmc CITY OF FORT COLLINS, LARI MER COUNTY, COLORADO 2 of 2