HomeMy WebLinkAbout1997-041-03/18/1997-EMINENT DOMAIN HARMONY TRANSMISSION MAIN LAND ACQUISITION PHASE IV PROJECT RESOLUTION 97-41
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS
OF CERTAIN LANDS FOR HARMONY TRANSMISSION MAIN - PHASE IV 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 water transmission main; and
WHEREAS, the City has previously negotiated in good faith for the acquisition of the
Property from Burlington Northern Santa Fe Railroad, which negotiations have to date been
unsuccessful; and
WHEREAS, the acquisition of the Property is desirable and necessary for 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 City Council finds and hereby determines that it is necessary for the
public health, safety and welfare that the City acquire the Property to be used for the purpose of a
transmission main.
Section 2. That the City 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 City 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 Cqunv l held thisl.8rtlt'day-of March,
A.D. 1997. i
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
Page 1 of 2
LEGAL DESCRIPTION-20' Utility Easement,Railroad RO.W. 03/10/97
A Parcel of Land being a part of the Southeast Quarter of Section 35,Township 7 North,Range 69
West of the Sixth Principal Meridian,City of Fort Collins,County of Larimer,State of Colorado,
being described as follows:
COMMENCING at the Southeast Corner of the Southeast Quarter of said Section 35 and
considering the South line of said Southeast Quarter to bear North 89' 51'5I'West,with all bearings
contained herein relative thereto;thence North 41°38'17" West,a distance of 1482.26 feet to a point
on the Easterly line of a Burlington Northern Railroad Co. right-of-way, said line being also the
Westerly line of"Replat of Troutman P.U.D., Phase IP' and the "POINT OF BEGINNING";
thence North 88°24'49"West,a distance of 100.00 feet to a point on the West line of said right-of-
way; thence North 01°07'00" East, along said West line,a distance of 20.00 feet; thence South
88°24'59" East, a distance of 100.00 feet to the East line of said right-of-way; thence Southerly
along said East right-of-way line, South 01°0700" West,a distance of 20.00 feet to the"POINT
OF BEGINNING". The above described tract contains 2,000 square feet,more or less.
LEGAL DESCRIPTION- 100'Temporary Construction Easement,Railroad R.O.W.
A Parcel of Land being a part of the Southeast Quarter of Section 35,Township 7 North,Range 69
West of the Sixth Principal Meridian,City of Port Collins,County of Larimer,State of Colorado,
being described as follows:
COMMENCING at the Southeast Corner of the Southeast Quarter of said Section 35 and
considering the South line of said Southeast Quarter to bear North 89' 51'51'West,with all bearings
contained herein relative thereto;thence North 42`42'31"West,a distance of 1453.14 feet to a point
on the Easterly line of a Burlington Northern Railroad Co. right-of-way, said line being also the
Westerly tine of"Replat of Troutman P.U.D., Phase 11" and the "POINT OF BEGINNING";
thence North 88°24'49"West,a distance of 100.00 feet to a point on the West line of said right-of-
way; thence North 01"07'00" East,along said West line,a distance of 100.00 feet; thence South
88°24'59" East, a distance of 100.00 feet to the East line of said right-of-way; thence Southerly
along said East right-of-way line, South 01°0700" West,a distance of 100.00 feet to the"POINT
OF BEGINNING". The above described tract contains 10,000 square feet,more or less.
"O0 tREGIS
pp •,1 ti?_
ice,
DuWayne P llips PLS
for and on behalf of
ROCKY MOUNTAIN CONSULTANTS,Inc.
8301 East Prentice Avenue Suite 101
Englewood,Colorado 80111
(303)741-6000
EXHIBIT tj q Is Page 2 of 2
UTILITY EASEMENT &
TEMPORARY CONSTRUCTION EASEMENT
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SECTION 35. WN, SECTION 35, T7N,
R69W, 6th P.M.
ROCKY MOUNTAIN CONSULTANTS,
Inc
8301 E. Prentice Ave. THIS EXHIBIT DOES NOT REPRESENT
CIVIL AND ENVIRONMENTAL ENGINEERING •PLANNING Suite 101 A MGNUMENTED SURVEY. IT IS
Encjfawood, CO 80111 INTENDED ONLY TO DEPICT THE
303) 741-6D00 ATTACHED DESCRIPTION.
,� 7n nunn FAX M3 741-006