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Home My WebLink About116 - 09/03/2013 - AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC ORDINANCE NO. 116, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS IN CONNECTION WITH THE KECHTER ROAD AND TIMBERLINE ROAD INTERSECTION IMPROVEMENTS PROJECT WFIEREAS, the Kechter Road and Timberline Road Intersection Improvements Project (the "Project") is scheduled to begin construction in 2014; and WHEREAS, the Project involves the construction of turn lanes, bike lanes, curbs, gutters, sidewalks, and other necessary improvements; and WHEREAS, the Project will improve the air quality of the intersection; and WHEREAS, it is necessary for the City to acquire certain property rights hereinafter described on Exhibits "A" and "B", attached hereto and incorporated herein by this reference (the "Property Rights"), for the purpose of constructing the Project; and WHEREAS, the City will negotiate in good faith for the acquisition of the 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 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 is necessary in the public interest to acquire the Property Rights 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'the Property Rights for the City by eminent domain proceedings. Section 3. The City Council hereby finds that, in the event that acquisition by eminent domain of the Property Rights described in this Ordinance is commenced, immediate possession is necessary for the public health, safety and welfare. Introduced, considered favorably on first reading, and ordered published this 20th day of August, A.D. 2013, and to be presented for final passage on the 3rd day of September, A.D. 2013. �pORTcO � .U p '?N Ivy or ATTEST: t/VG� .••C LORPOo City Clerk Passed and adopted on final reading on the 3rd day of September, A.D. 2013. Major ATTEST: OF FORTcO` ALa City Clerk f2 cOCORA� Exhibit "A" Page I of 2 DESCRIPTION TRACT OF LAND TO BE CONVEYED TO THE CITY OF FORT COLLINS A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 8,TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARWER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 8, AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8 TO BEAR N89029'46"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 2-1/2"ALUMINUM CAP STAMPED LS 17497, AND ON ITS EAST END BY A 3-1/4" ALUMINUM CAP STAMPED LS 33642, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID NORTH LINE N89029'46"E, A DISTANCE OF 30.00 FEET; THENCE S00°00'47"E, A DISTANCE OF 30.00 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF KECHTER ROAD, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE, N89029'46"E, A DISTANCE OF 958.78 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED JUNE 26, 2003 AT RECEPTION NO. 20030079710; THENCE ALONG SAID EASTERLY BOUNDARY, SOO°00'47"E, A DISTANCE OF 12.00 FEET; THENCE S89029'46"W, A DISTANCE OF 697.78 FEET; THENCE S44044'29"W, A DISTANCE OF 14.20 FEET; THENCE S00°00'47"E, A DISTANCE OF 172.62 FEET; THENCE S07034'30"W, A DISTANCE OF 121.16 FEET; THENCE S00°OO'47"E, A DISTANCE OF 240.00 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE QUITCLAIM DEED RECORDED JULY 12, 1993 AT RECEPTION NO. 93047300; THENCE ALONG SAID SOUTHERLY BOUNDARY, S89037'33"W, A DISTANCE OF 35.00 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF TIMBERLINE ROAD; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE, N00000'47"W, A DISTANCE OF 554.52 FEET TO THE POINT OF BEGINNING. CONTAINING 34,427 SQUARE FEET(0.790 ACRES), MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND IS TRUE AND CORRECT TO THE BEST OF MY PROFESSION O 3 GE, BELIEF, AND OPINION. Pp "N Tic .r • :O D; K JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31 i FOR AND ON BEHALF OF THE CITY OF FORT COLL P.O. BOX 580, FORT COLLINS, CO 80522 S:\Engineering\Departments\Survey\Projects\Engineering\Timberlilne and Kechter\LEGALS\Legrande ROW.docx EXHIBIT OF A TRACT OF LAND TO BE CONVEYED TO THE CITY OF FORT COLLINS PT. OF COMMENCEMENT NW COR. SEC 8-6-68 N 1/4 COR. SEC 8-6-68 FD 2-1/2' ALUM CAP FD 3-1/4" ALUM. CAP STAMPED LS 17497 IN STAMPED LS 33542 IN MONUMENT BOX MONUMENT BOX Nag'29'46'E 30.00' KE C H T E R ROAD SOOVO'47'E 30.00' N89'29'46'E 2705.26 BASIS OF BEARINGS N PT. OF BEGINNING 7o0 0 Y I J 44'4429'W ri 0 14.20' > KENNETH J. AND J. STEPHANIE A. KENNETH J AND m m DELGRANDE n nr u STEPHANIE A. REC. NO. 20030079710 = DELGRANDE r� REC. NO. 93047300 A N P 3 0 m N O N m I rn z •. v m ' 3 Z Z AO f 0 f O ,n v n v n + N O N I DO REGISri N I O ` JULY 26, 2013 z I o 3116 > � 1"=120' n O LAB THIS EXHIBIT'S SOLE INTENT IS TO gL o GRAPHICALLY REPRESENT AND AUGMENT a THE ATTACHED PROPERTY DESCRIPTION. IT I I DOES NOT REPRESENT A MONUMENTED LAND SURVEY AS DEFINED IN C.R.S. I 38-51-102. IN THE EVENT OF DISCREPANCIES BETWEEN THIS EXHIBIT AND THE ATTACHED PROPERTY DESCRIPTION, THE INFORMATION CONTAINED WITHIN THE 893T33•w ATTACHED PROPERTY DESCRIPTION SHOULD 35.00' BE REUED UPON. S:\Engineering\Depadmenls\SurveylPrejects\Engineering\Timberlilne and KechleADesign\Timberline and Kechter LDDWwg\TIMBERLINE KECHTER legal eXh.dW9 - Exhibit"B" Page 1 of 2 DESCRIPTION OF A PERMANENT SLOPE EASEMENT TO BE DEDICATED TO THE CITY OF FORT COLLINS A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 8,TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE SIXTH P.M.; COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 6, AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 8 TO BEAR N89029'46"E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 2-1/2" ALUMINUM CAP STAMPED LS 17497, AND ON ITS EAST END BY A 3-1/4"ALUMINUM CAP STAMPED LS 33642, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID NORTH LINE N89029'46"E,A DISTANCE OF 91.00 FEET; THENCE S00000'47"E, A DISTANCE OF 42.00 FEET TO THE POINT OF BEGINNING; THENCE N89029'46"E, A DISTANCE OF 897.76 FEET TO A POINT ON THE EASTERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE WARRANTY DEED RECORDED JUNE 26, 2003 AT RECEPTION NO. 20030079710-, THENCE ALONG SAID EASTERLY BOUNDARY, S00°00'47"E, A DISTANCE OF 10.00 FEET; THENCE S89°29'46"W, A DISTANCE OF 882.78 FEET; THENCE S00000'47"E, A DISTANCE OF 174.50 FEET; THENCE S07034'30"W, A DISTANCE OF 196.89 FEET; THENCE S00000'47"E, A DISTANCE OF 163.19 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF THAT TRACT OF LAND DESCRIBED IN THE QUITCLAIM DEED RECORDED JULY 12, 1993 AT RECEPTION NO, 93047300; THENCE ALONG SAID SOUTHERLY BOUNDARY, S89037'33"W,A DISTANCE OF 15.00 FEET; THENCE NOO°OO'47"W, A DISTANCE OF 240.00 FEET; THENCE N07034'30"E,A DISTANCE OF 121.16 FEET; THENCE N00°00'47"W, A DISTANCE OF 172,62 FEET; THENCE N44044'29"E, A DISTANCE OF 14.20 FEET TO THE POINT OF BEGINNING. CONTAINING 20,366 SQUARE FEET (0.468 ACRES), MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. 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. BOO REO�S `,0 3116 D JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31 ?'Z9'203• FOR AND ON BEHALF OF THE CITY OF FORT COL "ALI AN�s P.O. BOX 580, FORT COLLINS, CO 80522, S:\Engineering\Departments\Survey\Projects\Engineering\Timberlilne and KechterNLEGALS\Legrande Slope Esmt.docx EXHIBIT OF A PERMANENT SLOPE EASEMENT TO BE CONVEYED TO THE CITY OF FORT COLLINS PT. OF COMMENCEMENT NW COR. SEC 8-6-68 N 1/4 COR. SEC 8-6-68 FD 2-1/2" ALUM CAP FD 3-1/4" ALUM. CAP STAMPED LS 17497 IN STAMPED LS 33642 IN MONUMENT BOX , MONUMENT 80- N8929'46'E91.00' K E C H T E R ROAD_ V . S00'00'47'E 42.00' NB929'46"E 2705.26 BASIS OF BEARINGS) N44' '29"� PT.-OF-BEGINNING oS 14.20 SB9 29 46 - BB2.7B go _ V N m O 0 o KENNETH J. AND + STEPHANIE A. KENNETH J. AND DELGRANDE d f rP STEPHANIE A. REC, NO. 2GO30079710 o l - DELGRANDE V N � REC. NO. 93047300 � o W G `I N o AREA: rr I 20,366 S.F. w m z '� ro J `V fl' W 3 m O � n F I P p0 RE"/S w � ' � R JULY 26, 2013 o ' A 1"=120' • 0 31169 n gFSS:..........•. THIS EXHIBIT'S SOLE INTENT IS TO o + �Lp1.10 GRAPHICALLY REPRESENT AND AUGMENT ATTACHED IT STHE NOT REPRESENT A MONUMEN ED I 38-515 102. IN THE LAND RVEY AS DEIN NT OF C.R.S. n DISCREPANCIES BETWEEN THIS EXHIBIT AND THE ATTACHED PROPERTY DESCRIPTION, THE ON CONTAINED69s7'33"w ATTACHED R PRMATI OPERTY DSCRIPTION WITHTHE 16.00' BE RELIED UPON. S:1EnglneeringlOapartments\SurveylPmjectslEngineering%Timberlilne and KechteMesign\Timberline and Kechler LDDldwg\TIMBERUNE KECHTER legal ezh.dwg