HomeMy WebLinkAbout080 - 09/04/2012 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY TO CONSTRUCT PU ORDINANCE NO. 080, 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
RELATED TO THE MASON CORRIDOR BUS RAPID TRANSIT PROJECT
WHEREAS, construction for the Mason Corridor Bus Rapid Transit Project(the"Project")
recently commenced; 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 Proj ect 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, the Project recently identified an additional property interest that is necessary
to acquire (the"Property"), hereinafter described on Exhibit"A", attached hereto and incorporated
herein by this reference (the "Exhibit"), for the purpose of constructing the Project; and
WHEREAS, the City will continue to negotiate in good faith for the acquisition of the
Property from the landowner; 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 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 described on the Exhibit 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 right for the City by eminent domain.
Section 3. The City Council hereby 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 21st day of
August, A.D. 2012, and to be presented for final passage on the 4th day of September, A.D. 2012.
Ma� Tem
ATTEST: 06tT CO,
G O;' • N
City Clerk1
Passed and adopted on final reacting onsth'e 4th day of September, A.D. 2012.
OF FORT
�A .. C Mayor
ATTEST:
City Clerk off.
�ORADO .
Exhibit 'A ' Page 1 of 2
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT
LOCATED ON THE FIRST NATIONAL BANK IN FORT COLLINS PROPERTY
TO BE DEDICATED TO THE CITY OF FORT COLLINS
A Temporary Construction Easement located in the southeast quarter of Section 11,
Township 7 North Range 69 West of the Sixth Principal Meridian; City of Fort Collins,
Larimer County, Colorado; being more particularly described as follows;
The East 5.00 feet of Lot 8 and the East 5.00 feet of the North 32.00 feet of Lot 7, Block
103 of the Map of the Town of Fort Collins, recorded January 17, 1873 in Book 1, Page
48 at the Office of the Larimer County Clerk and Recorder.
Containing 410 square feet more or less.
The above described tract 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 correct to
the best of my professional knowledge, belief and opinion. The description is based
upon previously recorded plats and deeds and not upon an actual field survey.
JOHN STEVEN VON NIEDA COLORADO P.L.S. 31169
P.O. BOX 580 FORT COLLINS, CO 80522 00 REG/S
. .0 31169 o �
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S:\Engineering\Departrnents\SurveNProjects\Transportation Services\BRTJohn Legals 2012\TCE First NaU Bank.doc
Exhibit 'A' Page 2 of 2
LOCATION SKETCH
FIRST NATIONAL BANK IN FORT COLLINS
N
JULY 2, 2012
NTS
-.. L.._.._..- ._.._
❑LIVE ST.
(100' ROW)
n PROPOSED I
$ 82.00, X 5.00,
° L❑T H TEMP. CONST.
'w ESM'T.
q 410 SO. FT. i
g
0
o I
LOT 7 M ~
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3 5.DD' ry
3
_ ._.._.._..- - o
o REGIST
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& LOT 6, i oo i
_.._.._.. V) v o 3169 na
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e
b' I THIS SKETCH AND ME AREIS
2 SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENIID BOUNDARY SURVEY.
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