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Home My WebLink About182 - 01/06/2015 - AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVE ORDINANCE NO. 182, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS RELATED TO THE MASON CORRIDOR BUS RAPID TRANSIT PROJECT WHEREAS, the City is planning to make improvements to the intersection of McClelland Drive and Drake Road (the "Project") as part of the Mason Corridor Bus Rapid Transit System (MAX); and WHEREAS, the Project involves constructing a dedicated through lane for MAX buses and other necessary improvements, which will enhance the safety and efficiency of the intersection for both MAX buses and other vehicles using the intersection; and WHEREAS, to construct the Project, it is necessary for the City to acquire a utility easement, right-of-way, and a temporary construction easement, as described and shown on Exhibit "A", attached hereto and incorporated herein by this reference (the "Property Rights"); 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 interests, 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 and in the public interest to acquire the Property Rights described herein for the purpose of completing the Proj ect. 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 finds that, in the event acquisition of the Property Rights or any of them by eminent domain is commenced, immediate possession is necessary for the public health, safety and welfare. - 1 - Introduced, considered favorably on first reading, and ordered published this 16th day of December, A.D. 2014, and to be presented for final passage on the 6th day of January, A.D. 2015. �A OF FO/�2 _ ter M yor ATTEST: �� z �D' .RADO City Clerk Passed and adopted on final reading on the 6th day of January, A.D. 2015. NI yor ATTEST: G\ZY OFF OP ;a r 0 •• City Clerk � � 'r- � . k�oO.. - 2 - Exhibit "A" Page 1 of 5 DESCRIPTION OF UTILITY EASEMENT TO BE CONVEYED TO THE CITY OF FORT COLLINS A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26 TO BEAR N89026'43"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3" ALUMINUM CAP STAMPED LS 17497, AND ON ITS WEST END BY A 3" ALUMINUM CAP STAMPED LS 20123, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT SAID NORTHEAST CORNER OF SECTION 26; THENCE ALONG SAID NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 26, N89026'43"W, A DISTANCE OF 751.04 FEET; THENCE ALONG THE EAST RIGHT-OF-WAY LINE OF MCCLELLAND DRIVE AND ITS NORTHERLY EXTENSION AS DEDICATED ON THE PLAT OF GHENT SUBDIVISION, S01°23'12"W, A DISTANCE OF 318.93 FEET; THENCE PERPENDICULAR TO SAID RIGHT-OF-WAY LINE, S88°36'48"E, A DISTANCE OF 15.21 FEET TO A POINT ON THE PROPOSED EASTERLY LINE OF THE RIGHT-OF-WAY TO BE DEDICATED TO THE CITY OF FORT COLLINS, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY LINE, N01°23'12"E, A DISTANCE OF 3.00 FEET; THENCE DEPARTING SAID EASTERLY LINE, S88°36'48"E, A DISTANCE OF 3.00 FEET; THENCE S01 023'12"W, A DISTANCE OF 3.00 FEET; THENCE N88036'48"W, A DISTANCE OF 3.00 FEET TO THE POINT OF BEGINNING. CONTAINING 9 SQUARE FEET MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT 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. pp LICE O..• \ILIA '•.6� U O 382r Noy AL l pr\O ROBERT WILLLIAM HINTZ, COLORADO P.L.S. 38260 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 S:\Engineering\Departments\Survey\Projects\Transportation Services\BRT\Robs Legals 2014\Spradley Barr\DRACOL LLC UTILITY EASEMENT.docx Exhibit "A" Page 2 of 5 DESCRIPTION OF RIGHT-OF-WAY TO BE CONVEYED TO THE CITY OF FORT COLLINS A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26 TO BEAR N89026'43"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3" ALUMINUM CAP STAMPED LS 17497, AND ON ITS WEST END BY A 3" ALUMINUM CAP STAMPED LS 20123, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM,WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT SAID NORTHEAST CORNER OF SECTION 26; THENCE ALONG SAID NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 26, N89026'43"W, A DISTANCE OF 751.04 FEET; THENCE S01023'12"W, A DISTANCE OF 61.17 FEET TO THE POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF MCCLELLAND DRIVE AS DEDICATED ON THE PLAT OF GHENT SUBDIVISION AND THE SOUTH LINE OF THAT TRACT OF LAND CONVEYED TO THE CITY OF FORT COLLINS BY WARRANTY DEED RECORDED MAY 21, 1996 AT RECEPTION NO. 96030371, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG EAST RIGHT-OF-WAY OF MCCLELLAND DRIVE AS DEDICATED BY SAID GHENT SUBDIVISION PLAT AND BY THE DEDICATION DEED RECORDED IN BOOK 1379, PAGE 115, S01°2312"W, A DISTANCE OF 443.97 FEET; THENCE LEAVING SAID RIGHT-OF-WAY, S88036'48"E, A DISTANCE OF 1.66 FEET; THENCE N09033'35"E, A DISTANCE OF 20.10 FEET; THENCE N06017'26"E, A DISTANCE OF 125.15 FEET; THENCE N01023'12"E, A DISTANCE OF 301.80 FEET; THENCE N52046'32"E, A DISTANCE OF 12.57 FEET; THENCE S89021'52"E, A DISTANCE.OF 13.63 FEET; THENCE N00038'08"E, A DISTANCE OF 5.15 FEET TO A POINT ON THE SOUTHERLY LINE OF THE AFOREMENTIONED TRACT RECORDED AT RECEPTION NO. 96030371; THENCE ALONG SAID SOUTHERLY LINE, N89°24'41"W, A DISTANCE OF 19.58 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE, S52°32'15"W, A DISTANCE OF 24.43 FEET TO THE POINT OF BEGINNING. CONTAINING A TOTAL OF 6,091 SQUARE FEET (0.140 ACRES) MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT 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. ROBERT WILLLIAM HINTZ, COLORADO P.L.S. 38260 ap,00 LIEF FOR AND ON BEHALF OF THE CITY OF FORT COLLINS LL1 yf� P.O. BOX 580, FORT COLLINS, CO 80522 o, cc 38260 0 O------ `S NAL LAND S:\ENGINEERING\DEPARTMENTS\SURVEY\PROJECTS\TRANSPORTATION SERVICES\BRT\ROBS LEGALS 2014\SPRADLEY BARR\DRACOL LLC ROW.DOCX Exhibit "A" Page 3 of 5 DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT TO BE CONVEYED TO THE CITY OF FORT COLLINS A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 26 TO BEAR N89026'43"W, SAID LINE BEING MONUMENTED ON ITS EAST END BY A 3" ALUMINUM CAP STAMPED LS 17497, AND ON ITS WEST END BY A 3" ALUMINUM CAP STAMPED LS 20123, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT SAID NORTHEAST CORNER OF SECTION 26; THENCE ALONG SAID NORTH LINE OF THE NORTHEAST QUARTER OF SECTION 26, N89026'43"W, A DISTANCE OF 751.04 FEET; THENCE S01023'12"W, A DISTANCE OF 61.17 FEET TO THE POINT OF INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF MCCLELLAND DRIVE AS DEDICATED ON THE PLAT OF GHENT SUBDIVISION AND THE SOUTH LINE OF THAT TRACT OF LAND CONVEYED TO THE CITY OF FORT COLLINS BY WARRANTY DEED RECORDED MAY 21, 1996 AT RECEPTION NO. 96030371; THENCE ALONG THE SOUTH LINE OF SAID TRACT, N52032'15"E, A DISTANCE OF 24.43 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE, S89°24'41"E, A DISTANCE OF 19.58 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, S89°24'41"E, A DISTANCE OF 35.39 FEET; THENCE DEPARTING SAID SOUTH LINE, S00°33'12"W, A DISTANCE OF 7.92 FEET; THENCE N89026'48"W, A DISTANCE OF 20.00 FEET; THENCE S52046'32"W, A DISTANCE OF 24.17 FEET; THENCE S01023'12"W, A DISTANCE OF 128.18 FEET; THENCE S88036'48"E, A DISTANCE OF 29.50 FEET; THENCE S01023'12"W, A DISTANCE OF 67.80 FEET; THENCE N88036'48"W, A DISTANCE OF 29.50 FEET; THENCE S01023'12"W, A DISTANCE OF.97.05 FEET; THENCE S06017'26"W, A DISTANCE OF 126.57 FEET; THENCE S09033'35"W, A DISTANCE OF 17.80 FEET; THENCE S01023'12"W, A DISTANCE OF 20.00 FEET; THENCE N88036'48"W, A DISTANCE OF 21.86 FEET TO THE EAST RIGHT-OF-WAY LINE OF MCCLELLAND DRIVE AS DESCRIBED IN THE DEDICATION DEED RECORDED IN BOOK 1379, PAGE 115; THENCE ALONG SAID RIGHT-OF-WAY LINE, N01°23'12"E, A DISTANCE OF 20.00 FEET TO A POINT ON THE PROPOSED BOUNDARY OF THE RIGHT-OF-WAY TO BE DEDICATED TO THE CITY OF FORT COLLINS; THENCE ALONG SAID PROPOSED BOUNDARY, THE FOLLOWING SEVEN (7) COURSES AND DISTANCES: (1) S88°36'48"E, A DISTANCE OF 1.66 FEET; (2) N09°33'35"E, A DISTANCE OF 20.10 FEET; (3) N06°17'26"E, A DISTANCE OF 125.15 FEET; (4) N01°23'12"E, A DISTANCE OF 301.80 FEET; (5) N52°46'32"E, A DISTANCE OF 12.57 FEET; (6) S89°21'52"E, A DISTANCE OF 13:63 FEET; (7) N00°38-08"E, A DISTANCE OF 5.15 FEET TO THE POINT OF BEGINNING. Exhibit "A" Page 4 of 5 CONTAINING A TOTAL OF 11,928 SQUARE FEET (0.274 ACRES) MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS-OF-WAY OF RECORD OR THAT 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. Pp0 Uc � ILL/ sF � 60 ;o 91, S��NAL L PN� ROBERT WILLLIAM HINTZ, COLORADO P.L.S. 38260 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522 SAE NGI NEE RING\DEPARTMENTS\SURVEY\PROJ ECTS\TRANSPORTATION SERVICES\BRRROBS LEGALS 2014\SPRADLEY BARR\DRACOL LLC TCE.docx Exhibit "A" Page 5 of 5 LOCATION SKETCH DRACOL, LLC. N 1/4 CORNER NE CORNER 26-7-69 BASIS OF BEARING 26-7-69 NB9'26'43•W 2691.06_ )51.04' POINT OF BEGINNING (T.C.E.) DRAKE ROAD PONT OF COMMENCEMENT - PfR GHENT S!/BR'Kfk.1V POINT OF BEGINNING (R.O.V. TRACT) L12 l N L13 LYTY OF FORT COLUNS, AEC/A50JOJ71 PROPOSED TRACT TO BE DEEDED TO CITY 6091 SO FT. (243 SO. FT. WITHIN EXISTING ALLEY). -,AI1 UTILITY EASEMENT DETAIL m J 5J8'' HE CORNER ( 26-J-69 �E� LDt N89'2643'V 7.5 26- 69 I K (r m PONT OF COMMENCEMENT qa n Lib UTILITY SO. FT T 9 4W J ml w L L25 S8B'36'48•E 1521' L27 �I POINT OF BEGI NING(UTIL ESMT) N LIS < J P J LINE TABLE LINE LENGTH BEARING L1 443.97 S01'2312'W ,,,,,,,,,,,,,,,,, S' ALLEY 12 166 SOO-3648-E B' ALLE 1-3 20.10 N09'33'35'E L4 125.15 N06.17'26'E L LS 30180 N01'23'12'E n L6 12.57 N52v6032'E L7 13.63 S89'21'52'E h PROPOSED L8 5.15 N00'38'OB'E N, F W TEMP. CONST. L9 19.58 N89'2441'V 7 EASEMENT LIO 24.43 i32.32115'W 11,926 SO. 6 F7. L❑ 3939 N9'23t'41•'VE 6L12 7.92 S00'3 '2OS 89' 8V Zv LID 20.00 LL4 24.V S52-46.32'V LIS 129.. S '1H L16 29.50 S88-36' L17 67.BO S01'23112'V LIS 29.50 NED 3648'V �G D4 U G L19 9745 S01'23'12'V 0 110I 12 O-33.35-V jo - L22 20-00 SOl'23'12•W L2 J � L23 v a 286 NB 01 P36348'V L24 00 O212'E U L25 86.36'48•E L23 L27 3OD NBB'36'8'W EEOESIRl4N EASEAIENlAT L28 3401N01'23'12'E ' �.�REC/9BODI057 1 1 ................. THUNDERBIRD DRIVE N PER B.1' /J79 FC //B 1 MIS SNvcH A0 THE MICAS SEPTEM`OfV'PER'(JIL14, 2014 SHOWN DEFCT THE ATTACHLD 1 "_60' PROPERTY OFSOPoPTAN ONLY. .0 GO NOT REPRESENT A MONUNENIED BOUNDARY SURY S.1En9ineerNglOepanmemsVSuneylProjeuzlTeansPortaum Sel ..SRTVSDUILTBRT-ASBUILTL001evtl LELLANO LEGAL SKETCHES.cj