HomeMy WebLinkAbout2000-096-07/18/2000-AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS FOR LOCUST STREET OUTFALL RESOLUTION 2000-96
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS
OF CERTAIN LANDS FOR LOCUST STREET OUTFALL PROJECT
WHEREAS, the City of Fort Collins desires to acquire certain real property described in
Exhibit "A", attached hereto and incorporated herein by this reference (the "Property"), for the
purpose of an easement for a storm sewer; and
WHEREAS,the City has previously attempted to negotiate in good faith for the acquisition
of the Property from OmniTRAX, Inc., which negotiations have been unsuccessful; and
WHEREAS, the acquisition of the Property is desirable and necessary for the public use to
enhance the public health, safety and welfare; and
WHEREAS, the acquisition of the Property may, by law, be accomplished through
proceedings in eminent domain.
NOW, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council finds and hereby determines that it is necessary for the public
health, safety and welfare that the City acquires the Property to be used for the purpose of a storm
sewer.
Section 2. That the Council hereby authorizes the City Attorney and other proper officials
of the City to acquire the said real property for the City by eminent domain proceedings.
Section 3. That the Council hereby finds, in the event that the Property is to be acquired by
condemnation, immediate possession of the same is necessary for the public health, safety, and
welfare.
Passed and adopted at a regular meeting of the City Council hel is 18th day of July,A.D.
2000.
Mayor
ATTEST:
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City Clerk c v Clyz
EXHIBIT "A"
A Permanent Utility Easement being a portion of the railroad right-of-way,located in the Northeast
Quarter of the Northeast Quarter of Section 13, Township 7 North, Range 69 West of the 61
Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more
particularly described as follows:
Considering the East line ofthe Northeast Quarter of said Section 13 as being South 18"40'34"West
and with all bearing contained herein relative thereto:
That portion of an easement 25 feet in width with foreshortened and prolonged sidelines to meet the
Northerly and Southerly right-of-way lines and the Railroad and shall be 12.50 feet each side
measured at right angles and parallel with the centerline described as follows:
Commencing at the Northeast corner of said Section 13; then, South 65`31'59" West; 890.18 feet
to the POINT OF BEGINNING of said centerline; thence along said centerline, South 32"16'56"
West, 55.88 feet to the Point of Terminus of said centerline.
The above described Permanent Utility Easement contains 1,397 square feet more or less and is
subject to all easements and rights-of-way now on record or existing.
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