HomeMy WebLinkAbout182 - 01/07/2014 - AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LAND NECESSARY TO CONSTRUCT PUBLIC ORDINANCE NO. 182, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN
LAND NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS RELATED TO THE
MASON CORRIDOR BUS RAPID TRANSIT PROJECT
WHEREAS, construction of the Mason Corridor Bus Rapid Transit Project (the
"Project") has recently been 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 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, City staff has recently identified an additional property interest (the
"Property"), hereinafter described on Exhibit "A", attached hereto and incorporated herein by
this reference, that is needed for the Project; and
WHEREAS, the acquisition of the Property is in the City's best interest and would
enhance the public health, safety, and welfare; and
WHEREAS, the acquisition of the Property may, by law; be accomplished through
eminent domain: and
WHEREAS, the City will continue to negotiate in good faith for the acquisition of the
Property from the landowner and will commence eminent domain proceedings to acquire the
Property only if such negotiations are unsuccessful.
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 Exhibit "A" 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.
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Introduced. considered favorably on first reading, and ordered published this 17th day of
December, A.D. 2013, and to be presented for final passage on the 7th day of January, A.D.
2014.
OF FO
r Mayor
ATTEST: . 0
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t4ca
o.
City Clerk
Passed and adopted on final reading on the 7th day of January, A.D. 2014.
Ma}or
ATTEST: �OR7 COZ
City Clerk
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Exhibit 'A' Page 1 of 2
DESCRIPTION OF A PERMANENT UTILITY EASEMENT LOCATED ON THE BOWL FORT
COLLINS, LLC, A COLORADO LIMITED LIABILITY COMPANY PROPERTY TO BE
DEDICATED TO THE CITY OF FORT COLLINS
A Permanent Utility Easement located in the northeast quarter of
Section 35, 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 that certain tract of land as described
in a Quit Claim Deed recorded April 11, 2007 at Reception No.
20070027092 (Parcel B) records of the Clerk and Recorder of the said
Larimer County, being more particularly described as follows;
Considering the north line of the northeast quarter of the said
Section 35 as bearing North 89 degrees 43 minutes 38 seconds West
between a 2 . 5" Aluminum Cap Monument, PLS 14823, at the -northeast
corner and a 3" Aluminum Cap Monument, PLS 20123, at the north quarter
corner of Section 35, 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 35,-
THENCE along the north line of the northeast quarter of the said
Section 35, North 89 degrees 43 minutes 38 seconds West for a distance
of 873 .86;
THENCE South 01 degrees 04 minutes 04 seconds West for a distance
of 118. 89 feet to the TRUE POINT OF BEGINNING of this description;
THENCE S0100410411W, a distance of 15. 00 Feet;
THENCE N8805610811W, a distance of 9.26 Feet;
THENCE N01003152"E, a distance of 15. 00 Feet;
THENCE S88056108"E, a distance of 9.26 Feet to the TRUE POINT OF
BEGINNING.
Containing 139 Square Feet (0. 003 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. The description is based upon previously recorded plats
and deeds and not upon an actual fie vey.
�P00 R.EGIS�
0 31 D:�
JOHN STEVEN VON NIEDA, COLORADO '.-S. 3116' �
FOR AND ON BEHALF OF THE CITY OF
P.O. BOX 580, FORT COLLINS, CO 8052
5:\Engineeringl0epartments\Suwey\Projects\Transportation Services\BRT\RIGHT OF WAY\TROUTMAN TO
HORSETOOTH\LEGALS\BOWL ADDL UE 3-5-2013.doc
Exhibit A' Page 2 of 2
LOCATION SKETCH
BOWL FORT COLLINS, LLC
ADDITIONAL UTILITY EASEMENT
PT. OF
COMMENCEMENT
N 1/4 CORNER HE CORNER
35-7-69 N 89'43'38' W 873,86' /35-7-69
m
HORSETOOTH ROAD
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TRUE PT. OF
J BEGINNINGPROPOSEDUTIL. ESM'T.139 SD. FT.
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MARCH 5, 2013 Course Bearing Distance
NTS L S 01*04'04' W 15.00'
L2 N 88'56'08' W 9.26,
L3 N 01'03'52' E 15.00'
L4 S 88'56'08' E 9.26'
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY.
AND DO NOT REPRESENT A
MONUMENTEO BOUNDARY SURVEY.
K\SURJ\PROJ\TRANSER✓\BRT\ROW