HomeMy WebLinkAbout1988-015-01/19/1988-ACQUISITION EASEMENTS EMINENT DOMAIN PROCEEDINGS STORM DRAINAGE RESOLUTION 88-15
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN
PROCEEDINGS OF CERTAIN LAND FOR DRAINAGE
WHEREAS, the City of Fort Collins intends to acquire a permanent
easement and a temporary construction easement through certain property
hereinafter described for storm drainage purposes, to the extent that said
easements have not been previously dedicated to the public use; and
WHEREAS, the City has previously attempted to negotiate the
acquisition of said easements from the owner thereof, which negotiations
have been unsuccessful ; and
WHEREAS, the acquisition of the same is desirable and necessary for
public use and said acquisition 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 . The City hereby finds and determines that it is necessary
that the City of Fort Collins acquire the following described easements in
order to utilize the same for public storm drainage purposes and to
construct and install such additional storm drainage facilities as may be
necessary in the public interest:
DRAINAGE EASEMENT: A 30 foot wide drainage easement in the Park
South P.U.D. , in the NE 1/4 of Section 35, T7N, R69W of the 6th
P.M. , City of Fort Collins, County of Larimer, State of Colorado;
with the basis of bearings being the West line, said NE 1/4 of
Section 35 as S00°05'53"E and all bearings relative thereto; said
easement being more particularly described as follows:
Commencing at the N 1/4 corner of said Section 35; thence along
the West line of said NE 1/4, S00005'53"E, 1631 .65 feet to an
existing No. 4 rebar on the Northerly boundary line of the South
Glen P.U.D. 1st Filing, said point being the Point of Beginning;
thence along the Northerly boundary line of said South Glen
P.U.D. 1st Filing as monumented, N72°11'00"E, 262.30 feet; thence
continuing along said Northerly boundary line as monumented,
S90°00'00"E, 474.00 feet; thence continuing along said Northerly
boundary line as monumented, S61°32'35"E, 178 feet, more or less
to the Westerly rights-of-way for Manhattan Avenue; thence along
the Westerly rights-of-way for said Manhattan Avenue on a curve
to the left having a central angle of 3°26'37", a radius of
758. 13 feet, a chord bearing N26°44'07"E for an arc length of
45.57 feet; thence N66°37'35"W, 176.04 feet; thence N90000'00"W,
486. 19 feet; thence S72'11'00"W, 257.40 feet to the West line of
said NE 1/4 Section 35; thence along said West line NE 1/4 of
Section 35, S00005'53"E, 31.50 feet, more or less, to the Point
of Beginning.
Said parcel containing 0.6598 acres (28,742 sq. ft. ) , more or
less.
CONSTRUCTION EASEMENT: A 75 foot construction easement in the
Park South P.U.D. , in the NE 1/4 of Section 35, T7N, R69W of the
6th P.M. , City of Fort Collins, County of Larimer, State of
Colorado; with the basis of bearings being the West line, said NE
1/4 of Section 35 as SOO'05'53"E and all bearings relative
thereto; said easement being more particularly described as
follows:
Commencing at the N 1/4 corner of said Section 35; thence along
the West line of said NE 1/4, SOO'05'53"E, 1600. 15 feet to the
point of beginning; thence parallel with the Northerly boundary
line of the South Glen P.U.D. , 1st Filing as monumented,
N72'11'00"E, 257.40 feet; thence continuing parallel with said
Northerly boundary, S90'00'00"E, 486. 19 feet; thence S66'37'35"E,
176.04 feet, more or less, to the Westerly rights-of-way for
Manhattan Avenue; thence along the Westerly line for said
Manhattan Avenue on a curve to the left having a central angle of
5'46'03", a radius of 758. 13 feet, a chord bearing N22'07'46"E
for an arc length of 76.31 feet; thence N66'37'35"W, 186.98 feet;
thence N90'00'00"W, 516.67 feet; thence S72'11'00"W, 245.17 feet
to the West line of said NE 1/4; thence along said West line, NE
1/4, S00'05'53"E, 78.74 feet, more or less to the Point of
Beginning.
Said parcel containing 1 .615 acres (70,350 sq. ft. ) , more or
less.
Section 2. The City Council hereby authorizes the City Attorney and
other proper officials of the City to acquire the same for the City by
eminent domain proceedings.
Passed and adopted at a regular meeting of the Council of the City of
Fort Collins held this 19th day of January, A.
ATTEST:
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City Clerk
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