HomeMy WebLinkAbout1993-197-12/21/1993-EMINENT DOMAIN PROCEEDINGS LANDINGS 3RD FILING SEWER IMPROVEMENTS RESOLUTION 93-197
OF THE COUNCIL OF THE CITY OF FORT COLLINS
DETERMINING THE NECESSITY OF, AND AUTHORIZING THE
ACQUISITION, BY NEGOTIATION OR EMINENT DOMAIN PROCEEDINGS,
OF CERTAIN LANDS FOR SEWER IMPROVEMENTS
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 sewer
improvements; and
WHEREAS, the City has previously negotiated in good faith for the
acquisition of the Property from the owner thereof, which negotiations have 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 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 sewer line easement.
Section 2. That City staff is hereby authorized to acquire the Property
by negotiation and agreement or, if such negotiations are unsuccessful , the City
Attorney is hereby authorized to acquire the same through the exercise of the
City's powers of eminent domain.
Section 3. That the City Council hereby finds that, 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, and the City Attorney is
further authorized to obtain such immediate possession, through court action if
necessary.
Passed and adopted at regular meeting of the Cou it of the Cit' f Fort
Collins held this 21st day of December, A.D. 1993.
MWyor
ATTEST:
�L 7City Clert
Exhibit A
DESCRIPTION OF A 7.50 FEET WIDE PERMANENT UTILITY EASEMENT ACROSS
A PORTION OF LOT 7, LANDINGS THIRD FILING
A 7.50 feet wide Permanent Utility Easement located in the
Southeast One Quarter of Section 36, Township 7 North, Range 69
West of the Sixth Principal Meridian, City of Fort Collins, Larimer
County, Colorado, also being located in Lot 7 of the Plat of The
Landings Third Filing, a Plat of record with the Clerk and Recorder
of the said Larimer County more particularly described as follows;
Commencing at the northeasterly most corner of the said Lot 71
THENCE along the southeasterly line of Lot 7, South 34 degrees
10 minutes 00 seconds West for a distance of 138.06 feet to the
TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said southeasterly line of Lot 7,
South 34 degrees 10 minutes 00 seconds West for a distance of 7.58
feet;
THENCE leaving the said southeasterly line, North 47 degrees
41 minutes 54 seconds West for a distance of 97.41 feet to the
easterly right of way of Skysail Lane, as shown on the said Plat;
THENCE along the said right of way, along a non-tangent curve
to the left having a radius of 319.61 feet, a central angle of 03
degrees 17 minutes 03 seconds and an arc length of 18.32 feet,
being subtended by a chord of North 23 degrees 31 minutes 41
seconds West for a distance of 18.32 feet;
THENCE leaving the said right of way, non-tangent from the
said curve, South 47 degrees 41 minutes 54 seconds East for a
distance of 113 .05 feet to the point of beginning. Containing 788
square feet.
The above described easement is 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 and areas are based upon previously
recorded plats and deeds and not upon a actual monumented field
survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
CPA 0
P.O. BOX 580 FORT COLLINS, CO 80522
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