HomeMy WebLinkAbout1995-073-06/06/1995-EMINENT DOMAIN PROCEEDINGS HORSETOOTH TO BOCKMAN JFK PARKWAY MITCHELL DRIVE RESOLUTION 95-73
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF
CERTAIN LAND NECESSARY FOR THE CONSTRUCTION OF A CONNECTION BETWEEN
MITCHELL DRIVE AND JFK PARKWAY FROM HORSETOOTH ROAD
TO BOCKMAN DRIVE
WHEREAS, it is necessary for the City of Fort Collins ("the City") to acquire certain
properties hereinafter described for the purpose of constructing street, utility, and pedestrian
improvements in connection with construction of a connection between Mitchell Drive and JFK
Parkway from Horsetooth Road to Bockman Drive ("the Street Improvements"); and
WHEREAS, the City has previously negotiated in good faith for the acquisition of said
properties from the owners thereof, which negotiations having been unsuccessful; and
WHEREAS the-acquisition of the properties is desirable and necessary fnr the construction
of the Street Improvements, is in the public interest and enhances the public health, safety and
welfare; and
WHEREAS, the acquisition of such properties 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 Exhibit "A" attached hereto and incorporated herein
by reference, for the purpose of constructing the Street Improvements.
Section 2. That the City Council hereby authorizes the City Attorney and other appropriate
officials of the City to acquire the said real property for the City by eminent domain proceedings.
Section 3. That the City Council finds that, in the event acquisition by condemnation of any
parcel described in this Resolution is commenced, immediate possession is necessary for the public
health, safety and welfare.
Passed and adopted at a regular meeting of the City Coun ' =dayof
1995.
r'
i
Mayor
ATTEST: n
.R101 1A
City Clerk
EXHIBIT A
DESCRIPTION OF THE HILLER PROPERTY
Two tracts of land located in the Northwest quarter of Section 36,
Township 7 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, the said tracts are
also a part of Lot 2 of the Plat of Observatory Heights, a Plat of
record with the Clerk and Recorder of the said Larimer County and
are also a portion of that certain tract of land described in a
Warranty Deed recorded December 31, 1986 at Reception No. 86076668
(Parcel II) records of the said Clerk and Recorder, more
particularly described as follows;
Commencing at the northwest corner of the said Section 36;
THENCE along the north line of the said northwest quarter of
Section 36, North 89 degrees 56 minutes 00 seconds East for a
distance of 448.00 feet to the west line of the said Lot 2 of
Observatory Heights;
THENCE along the said west line, South 00 degrees 41 minutes
30 seconds East for a distance of 50.00 feet to the southerly right
of way of East Horsetooth Road as shown on the Plat of Strachan
Continental Subdivision A P.U.D. a Plat of record with the said
Clerk and Recorder and to the TRUE POINT OF BEGINNING of this
description;
THENCE continuing along the said west line of Lot 2, South 00
degrees 41 minutes 30 seconds East for a distance of 305.20 feet to
the south line of the said Lot 2;
THENCE along the said south line, South 60 degrees 03 minutes
30 seconds East for a distance of 20.34 feet to the west line of
that certain tract of land described in a Colorado Special Warranty
Deed With Joinder recorded April 15, 1992 at Reception No. 92020050
records of the said Clerk and Recorder;
THENCE along the said west line of Reception No. 92020050 the
following four (4) courses and distances, (1) North 00 degrees 41
minutes 30 seconds West for a distance of 159.95 feet;
(2) North 07 degrees 56 minutes 00 seconds East for a distance
of 60.00 feet;
(3) North 00 degrees 41 minutes 30 seconds West for a distance
of 80.84 feet;
(4) along a curve to the right having a radius of 15.00 feet,
a central angle of 90 degrees 37 minutes 30 seconds and an arc
length of 23.73 feet, being subtended by a chord of North 44
degrees 37 minutes 15 seconds East for a distance of 21.33 feet to
the said southerly right of way of East Horsetooth Road;
THENCE along the said right of way and non-tangent from the
said curve, South 89 degrees 56 minutes 00 seconds West for a
distance of 41.67 feet to the point of beginning. Containing 6611
square feet more or less.
TOGETHER WITH:
Commencing at the said northwest corner of Section 36;
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THENCE along the said north line of the northwest quarter,
North 89 degrees 56 minutes 00 seconds East for a distance of
950.00 feet to the east line of the said Lot 2 of Observatory
Heights;
THENCE along the said east line, South 00 degrees 07 minutes
02 seconds East for a distance of 530.96 feet to the south line of
the said Strachan Continental Subdivision A P.U.D. and to the TRUE
POINT OF BEGINNING of this description;
THENCE continuing along the said east line of Lot 2, South 00
degrees 07 minutes 02 seconds East for a distance of 420.57 feet to
the south line of the said Lot 2 ;
THENCE along the said south line, North 85 degrees 57 minutes
30 seconds West for a distance of 45. 12 feet to the east line of
that certain tract of land described in a Deed recorded February 5,
1992 at Reception No. 92006164 records of the said Clerk and
Recorder;
THENCE along the said east line, North 00 degrees 07 minutes
02 seconds West for a distance of 417.30 feet to the said south
line of the Strachan Continental Subdivision A P.U.D. ;
THENCE along the said south line, North 89 degrees 52 minutes
58 seconds East for a distance of 45.00 feet to the point of
beginning. Containing 18852 square feet more or less.
The above described tracts 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 an actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522 ECPAIG
17497 644
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