HomeMy WebLinkAbout1996-012-02/06/1996-EMINENT DOMAIN PROCEEDINGS FAIRBROOKE 1ST SUBDIVISION PLEASANT VALLEY AND LAKE CANAL STORMWATER RUNO RESOLUTION 96-12
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS
OF CERTAIN LAND NECESSARY FOR THE DIVERSION OF
STORMWATER RUNOFF THROUGH P/ARRE
NT VALLEY AND LA , CANAL
FROM PROSPECT ROASTUART STREET
WHEREAS, it is necessary for the Cityt Collins ("the Ci ") to acquire a certain
property legally described as:
Lot 22, Block 1, Fairbrooke Sub 1st, Fllins, less eception #87044406
for the purpose of diverting Stormwater runofgh Ple• sant Valley and Lake Canal from
Prospect Road to Stuart Street (°the Stormwatervem is"); andWHEREAS, the City has previously ne in good faith for the acquisition of said
property from the owner thereof; which negotiatving been unsuccessful;WHEREAS, dre acquisition of the proesirable and necessary for the Stormwater
Improvements, is in the public interest and enh: e public health, safety and welfare; and
WHEREAS, the acquisition of su property may, by law, be accomplished through
proceedings in eminent domain; and
WHEREAS, the Stormwater It rovemcnts may proceed upon obtaining possession of the
Property.
NOW,THEREFORE, B T RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the rty Council hereby finds and determines that it is necessary in the public
interest to acquire the real )roperty described above for the purpose of constructing the Stormwater
Improvements.
Section 2. rat the City Council hereby authorizes the City Attorney and other appropriate
officials of the C' to acquire the said real property for the City by eminent domain proceedings.
Secti 3. That the City Council finds that, in the event acquisition by condemnation of any
parcel desc A ed in this Resolution is commenced, immediate possession is necessary for the public
health, s, ety and welfare.
Passed and adopted at a regular meeting of the City Council held this 6th day of February,
A. . 1996.
Mayor
ATTEST:
City Clerk Wr ���YauJv
'f rom Agevidr