HomeMy WebLinkAbout1996-045-04/02/1996-COLLEGE/DRAKE INTERSECTION EMINENT DOMAIN PROCEEDINGS ESKIN RESOLUTION 96-18 RESOLUTION 96-45
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING RESOLUTION 96-18, AND AUTHORIZING
ACQUISITION BY EMINENT DOMAIN PROCEEDINGS
OF CERTAIN ADDITIONAL LAND NECESSARY FOR THE
CONSTRUCTION OF THE COLLEGE/DRAKE INTERSECTION IMPROVEMENTS
WHEREAS, on February 20, 1996, the Council adopted Resolution 96-18, authorizing
acquisition by eminent domain proceedings of certain lands necessary for the construction of the
College/Intersection Project; and
WHEREAS, since the time of adoption of Resolution 96-18, staff have determined that
certain utilities must be relocated in connection with the Project; and
WHEREAS, as a result of the adjustments to the details of construction of the Project the
City must acquire certain additional real property in the vicinity of the Project; and
WHEREAS, it is necessary for the City to acquire the additional property hereinafter
described for the purpose of construction of streets, utilities, bicycle and pedestrian improvements
and other related improvements, in connection with the Project; and
WHEREAS, the City has previously negotiated in good faith for the acquisition of said
property from the owners thereof, which negotiations have been unsuccessful; and
WHEREAS, the acquisition of the identified property is desirable and necessary for the
construction of the improvements, is in the public interest and enhances the public health, safety and
welfare; and
WHEREAS, the acquisition of such 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 City Council hereby finds and determines that it is necessary in the
public interest to acquire the real property described on attached Exhibit"B", which is incorporated
herein by this reference, for the purpose of constructing street, utilities, bicycle and pedestrian
improvements, and related improvements for the Project, in addition to that real property earlier
identified in Resolution 96-18.
Section 2. That Resolution 96-18 is hereby amended to add and incorporate the attached
Exhibit"B", and to include and incorporate the properties described in Exhibit"B"together with all
references to Exhibit "A" in said Resolution.
Section 3. That Resolution 96-18 be otherwise unaltered and remain in full force and effect,
as amended hereby.
Passed and adopted at a regular meeting of the City Cognelfheld is 2nd day o€"April, A
1996.
ayor
ATTEST:
�J�kLAO
City Clerk
Exhibit B
DESCRIPTION OF THE ESKIN PERMANENT UTILITY EASEMENTS
Two Permanent Utility Easements located in the Northwest quarter of
Section 25, Township 7 North, Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
Permanent Utility Easements are a portion of that certain tract of
land described in a Quit Claim Deed dated November 30, 1993 and
recorded at Reception No. 93092583 records of the Clerk and
Recorder of the said Larimer County, the said Permanent Utility
Easements are also a portion of Lot 1 Block 1 of the Plat of
Thunderbird Estates First Subdivision, a plat of record with the
said Clerk and Recorder, more particularly described as follows;
Commencing at the northwest corner of the said Lot 1 Block 1
Thunderbird Estates First Subdivision;
THENCE along the north line of the said Lot 1 Block 1, North
89 degrees 51 minutes 08 seconds East for a distance of 25.00 feet
to the east line of the West 25.00 feet of the said Lot 1 Block 1;
THENCE along the said east line, South 00 degrees 05 minutes
46 seconds West for a distance of 8.00 feet to the south line of
the proposed fee simple tract to be deeded to the said City of Fort
Collins and to the TRUE POINT OF BEGINNING of this description;
THENCE along the said south line North 89 degrees 51 minutes
08 seconds East for a distance of 5.00 feet;
THENCE leaving the said south line, South 00 degrees 08
minutes 52 seconds East for a distance of 5. 02 feet;
THENCE North 89 degrees 54 minutes 14 seconds West for a
distance of 5.02 feet to the said east line of the west 25.00 feet
of Lot 1 Block 1;
THENCE along the said east line, North 00 degrees 05 minutes
46 seconds East for a distance of 5.00 feet to the point of
beginning. Containing 25 square feet more or less.
TOGETHER WITH:
Commencing at the said northwest corner of Lot 1 Block 1
Thunderbird Estates First Subdivision;
THENCE along the north line of the said Lot 1 Block 1, North
89 degrees 51 minutes 08 seconds East for a distance of 25.00 feet
to the east line of the west 25.00 feet of the said Lot 1 Block 1;
THENCE along the said east line, South 00 degrees 05 minutes
46 seconds West for a distance of 8.00 feet to the south line of
the proposed fee simple tract to be deeded to the said City of Fort
Collins;
THENCE along the said proposed south line, North 89 degrees 51
minutes 08 seconds East for a distance of 24.83 feet to the TRUE
POINT OF BEGINNING of this description;
THENCE continuing along the said proposed south line, North 89
degrees 51 minutes 08 seconds East for a distance of 8. 00 feet;
THENCE leaving the said proposed south line, South 00 degrees
08 minutes 52 seconds East for a distance of 5. 00 feet;
1 OF 2
Exhibit B
THENCE South 89 degrees 51 minutes 08 seconds West for a
distance of 8.00 feet;
THENCE North 00 degrees 08 minutes 52 seconds West for a
distance of 5.00 feet to the point of beginning. Containing 40
square feet more or less.
The above described easements are 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 a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
2 of 2
Exhibit B
LOCATION SKETCH - ESKIN
NOTE:
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
Z HARVARD ST. PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
ARC=5.23'
R=15.00'
S00'06'08"W
NT S ARC=18.40' 0.43'
MARCH 20, 1996 R=15.00'
ARC=7.71'
R=15.00'
I
I
FEE SIMPLE TEMP.CONST. ESM'T.
855 SO. FT.
879 SO.FT.
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40 SO. FT.
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25 SO. FT.
POB 8.00' 7.50'
N00'05'46"E
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NW CORNER
LOT 1, BLOCK 1
T—BIRD, FIRST SUB.
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