HomeMy WebLinkAbout1992-121-08/02/1992-EMINENT DOMAIN PROCEEDINGS MULLANEY RESOLUTION 92-112 SEWER IMPROVEMENTS STORM DRAINAGE IMPROVEMENTS RESOLUTION 92-121
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING RESOLUTION 92-112 AND
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN
PROCEEDINGS OF CERTAIN LANDS FOR STORM DRAINAGE,
SEWER AND STREET IMPROVEMENTS
WHEREAS, the Council of the City of Fort Collins passed Resolution 92-112
on July 7, 1992, which authorized the acquisition of certain real property by
eminent domain proceedings; and
WHEREAS, the legal description of the real property described in Resolution
92-112 was incomplete because the metes and bounds description for one parcel was
not included, although all the parcels to be acquired were shown on the map
attached to the Resolution; and
WHEREAS, this Resolution contains a complete metes and bounds legal
description for all parcels of real property that are needed by the City to
construct its storm drainage, street and sewer improvements; and
WHEREAS, the City of Fort Collins desires to acquire this property,
hereinafter described, for the purpose of constructing storm drainage, sewer and
street improvements; and
WHEREAS, the City has previously negotiated in good faith for the
acquisition of said property from the owner thereof, which negotiations have been
unsuccessful ; and
WHEREAS, the acquisition of the property is desirable and necessary for the
construction of the improvements, is in the public interest and enhances the
public health, safety and welfare; and
WHEREAS, the acquisition of such property may, by law, be accomplished
through proceedings of eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1 . That Resolution 92-112 is hereby repealed.
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 hereby finds and determines that it is necessary
in the public interest to acquire the real property described on attached Exhibit
"A" , which is incorporated herein by this reference, for the purpose of
constructing storm drainage, sewer and street improvements.
Passed and adopted at a regular meeting of the Council of the City of Fort
Collins held this 4th day of August, A.D. 1992.
Ma r ProTem
ATTEST: ��) p
�awsl► r k�eo.—- a —
City Clerk
PARCEL 1 EXHIBIT A
Page 1 OF 7
DESCRIPTION OF FEE SIMPLE INTEREST
A tract of land located in the Northeast one quarter of Section 22 ,
Township 7 North, Range 69 West of the Sixth Principal Meridian, City of
Fort Collins, Larimer County, Colorado, also being located in that
certain tract of land as described in that certain deed dated August 31,
1979 and recorded in Book 1983 at Page 988 records of the Clerk and
Recorder of the said Larimer County, more particularly described as
follows;
Considering the line between the northeast corner of the said Section
22 , being an aluminum capped monument, LS 20123 , and the north one
quarter corner of the said Section 22 , being a No. 4 rebar being the
north line of the said Northeast one quarter of Section 22 as bearing
North 90 degrees 00 minutes 00 seconds West and with all bearings
contained herein relative thereto;
Commencing at the said northeast corner of Section 22 ,
THENCE along the said north line, North 90 degrees 00 minutes 00
seconds West for a distance of 50. 00 feet;
THENCE South 00 degrees 44 minutes 00 seconds East for a distance
of 50. 00 feet to the existing southerly right of way of Prospect Road
and to the TRUE POINT OF BEGINNING of this description;
THENCE along the said southerly right of way, North 90 degrees 00
minutes 00 seconds West for a distance of 245. 00 feet;
THENCE leaving the said right of way, South 83 degrees 39 minutes
35 seconds East for a distance of 90. 55 feet to a line which is 10. 00
feet (measured at right angles) south of and parallel with the said
southerly right of way;
THENCE along the said parallel line, North 90 degrees 00 minutes 00
seconds East for a distance of 140. 13 feet;
THENCE South 45 degrees 22 minutes 00 seconds East for a distance
of 21. 35 feet to the existing westerly right of way of Shields Street;
THENCE along the said westerly right of way, North 00 degrees 44
minutes 00 seconds West for a distance of 25. 00 feet to the point of
beginning.
Containing 2113 square feet or 0. 049 acres.
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
dee`edd�ss and
not upon a'f actual field surv1�t p
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PARCEL 2 EXHIBIT A
Page 2 OF 7
DESCRIPTION OF A 30. 00 FOOT WIDE TEMPORARY CONSTRUCTION EASEMENT
A 30. 00 foot wide TEMPORARY CONSTRUCTION EASEMENT lying 30. 00 feet (measured
at right angles) easterly and northerly of and parallel with and adjacent to
the following described line, with the sidelines foreshortened or prolongated
to their points of intersection with the existing street and road rights of
ways, located in the Northeast one quarter of Section 22 , Township 7 North,
Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer
County, Colorado, also being located in that certain tract of land as
described in that certain deed dated August 31, 1979 and recorded in Book
1983 at Page 988 records of the Clerk and Recorder of the said Larimer
County, more particularly described as follows;
Considering the north line of the said Northeast one quarter of Section 22 as
bearing North 90 degrees 00 minutes 00 seconds West and with all bearings
contained herein relative thereto;
Commencing at the northeast corner of the said Section 22 ,
THENCE along the said north line of the northeast one quarter, North 90
degrees 00 minutes 00 seconds West for a distance of 716. 48 feet to the said
east line of the Plat of Prospect II, a Plat of record with the said Clerk
and Recorder;
THENCE along the said east line, South 00 degrees 44 minutes 00 seconds
East for a distance of 50. 00 feet to the said southerly right of way of
Prospect Road;
THENCE along the said right of way, North 90 degrees 00 minutes 00
seconds East for a distance of 33 . 00 feet TRUE POINT OF BEGINNING of this
description;
THENCE South 00 degrees 44 minutes 00 seconds East 'for a distance of
244 . 98 feet;
THENCE North 90 degrees 00 minutes 00 seconds East for a distance of
173 . 61 feet to the northerly line of the Proposed Permanent Drainage and
Utility Easement as described by Greenhorne & O'Mara, Inc. ;
THENCE along the said northerly line the following four (4) courses and
distances,
(1) South 89 degrees 24 minutes 00 seconds East for a distance of 26.00
feet;
(2) along a curve to the right having a radius of 100. 00 feet, a central
angle of 24 degrees 10 minutes 00 seconds and an arc length of 42 . 18 feet,
being subtended by a chord of South 77 degrees 19 minutes 00 seconds East for
a distance of 41. 87 feet;
(3) South 65 degrees 14 minutes 00 seconds East for a distance of 112.48
feet;
(4) South 87 degrees 44 minutes 00 seconds East for a distance of 291.98
feet (previously recorded as 292 . 00 feet) to the westerly right of way of
Shields Street and to the terminus of this description.
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 d and not upon a
actual��ff��.eld s rvey
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WALLACE C. MUSCOTT COLORADO P. L.S. 7497 DATE +yy.� QfOpTEA�'O sC��r�
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PARCEL 3 EXHIBIT "A"
Page 3 of 7
A 20 foot wide temporary Construction Easement, lying north of, adjacent,
contiguous and parallel to the north line of the below described Permanent
Drainage, Wetland and Sanitary Sewer Easement, and extending from said
west right-of-way line of South Shields Street to said east line of Pros-
Pect II Subdivision.
Part of the northeast one-quarter of Section 22
Township 7 North, Range 69 West, 6th P.M.
City of Fort Collins , Larimer County, Colorado
A Permanent Drainage, Wetland, and Sanitary Sewer Easement situated in part
of the northeast one-quarter of Section 22, Township 7 North, Range 69 West
of the Sixth Principal Meridian, City of Fort Collins, County of Larimer,
State of Colorado, with bearings herein being based on the east line of said
northeast one-quarter, as being South 000 00, 00" East, and more particularly
described as follows :
Commencing at the northeast corner of said northeast one-quarter;
Thence South 00000'0o' East, along said east line of the northeast one-quarter, a
distance of 414 .50 feet;
Thence North 90000 ' 00' West a distance of 50.00 feet to the Point of Beginning on
the vest right-of-way line of South Shields Street, and the northeast corner of
the Northwood Apartments Subdivision;
Thence along the northerly line of said Northwood Apartments Subdivision the
following two (2) courses;
1. South 900 00' 00' West a distance of 412.35 feet;
2. South 660 56' 00' West a distance of 276.19 feet to t1 a east line of the
Prospect II Subdivision;
Thence North 00 00' 00' East, along said east line of Prospect II Subdivision, a
distance of 141.19 feet to a point of curve, the center of which bears North
34006 '04" East;
Thence easterly, along the arc of said curve to the left, having a radius of
50.00 feet and a central angle of 730 56' 04 ' . a distance of 64 .52 feet to a
point of tangent ;
Thence North 500 lo' 00' East a distance of 104 . 38 feet to a point of curve;
Thence along the arc of said curve to the right, having a radius of loo.00 feet
and a central angle of 410 10' 00' , a distance of 71.85 feet to a point of
tangent;
Thence South 880 40' 00' East a distance of 26.00 feet to a point of curve;
Thence along the arc of said curve to the right, having a radius of lo0.00 feet
and a central angle of 240 10, 00', a distance of 42.18 feet to a point of
tangent;
Thence South 640 30' 00' East a distance of 112 . 48 feet:
Thence South 870 00, 00' East a distance of 292.00 feet to said vest right-of-way
line of South Shields Street;
Thence South 00 00, 00, East, along said vest right-of-way line, a distance of
52.00 feet to the Point of Beginning;
Containing 63 , 791 square feet or 1.464 acres, more or less.
`J`J`" cluEiuKN/'',' On Behalf of and Fort
r�o �� •'�isiE••. 1 ,� CRF.EN110RNE 6 0 KARA, INC.
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0142
'LP%•'�yOSUP� SOR.:O cQr E. Kratz, P.L.
4�,jF Ilc ^^,(��PQ��� lorado Reg. Ho. 142
PARCEL 4 EXHIBIT "A"
Page 4 of 7
EASEMENT DESCRIPTION
Part of the northeast one-quarter of Section 22
Township 7 North, Range 69 Vest, 6TI1 P. 11.
City of Fort Collins, Larimer County
Colorado
A Permanent Drainage, Wetland, and Sanitary Sewer Easement situated in part
of the northeast one-quarter of Section 22, Township 7 North, Range 69 West
of the Sixth Principal Meridian, City of Fort Collins, County of Larimer,
State of Colorado, with bearings herein being based on the east line of said
northeast one-quarter, as being South 000 00' 00" East, and more particularly
described as follows:
Commencing at the northeast corner of said northeast one-quarter;
Thence South 00000' 00' East, along said east lino of the northeast one-quarter, a
distance of 414 .50 feet;
Thence North 90000'00' Vest a distance of 50.00 feet to the Point of Beginning on
the vest right-of-way line of South Shields Street, and the northeast corner of
the Northwood Apartments Subdivision;
Thence along the northerly line of said Northwood Apartments Subdivision the
following two (2) courses ;
1. South 900 00, 00' Vest a distance of 412.35 feet;
2. South 660 56' 00' Vest a distance of 276 . 19 feet to the east line of the
-
Prospect II Subdivision;
Thence North 00 00, 00' East, along said east line of Prospect II Subdivision, a
distance of 141.19 feet to a point of curve, the center of which bears North
34006'04" East;
Thence easterly, along the arc of said- curve to the left, having a radius of
50.00 feet and a central angle of 730 56' 04' . a distance of 64 .52 feet to a
point of tangent;
Thence North 500 10, 00' East a distance of 104 .38 feet to a point of curve;
Thence along the arc of said curve to the right, having a radius of 100.00 feet
and a central angle of 410 101 001 , a distance of 71 .35 feet to a point of
tangent;
Thence South 880 40' 00' East a distance of 26.00 feet to a point of curve;
Thence along the arc of said curve to the right, having a radius of 100.00 feet
and a central angle of 240 10' 00'. a distance of 42.18 feet to a point of
tangent ;
Thence South 640 30' 00' East a distance of 112.48 feet;
Thence South 070 00' 00• East a distance of 292.00 feet to said vest right-of-vay
line of South Shields Street;
Thence South 00 00' 00' East, along said west right-of-way line, a distance of
52.00 feet to the Point of Beginning;
Containing 63 ,791 square feet or 1.464 acres, more or less .
J`pp� VkE.IIKRg7rq On Behalf of and Fort
l�Q;wpISTEgQ? CREF.NIIORNE 6 O'NARA, INC.
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20142
�(-f +pQ:O ytT ca t E. Kratz, P.L
547 ••'•)'0SUpO�•: p` lorado Reg. No. . 142
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PARCEL 5 EXHIBIT A
Page 5 OF 7
DESCRIPTION OF A 20. 00 FOOT WIDE SANITARY SEWER EASEMENT
A tract of land located in the Northeast one quarter of Section 22, Township
7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins,
Larimer County, Colorado, also being located in that certain tract of land as
described in that certain deed dated August 31, 1979 and recorded in Book
1983 at Page 988 records of the Clerk and Recorder of the said Larimer
County, more particularly described as follows;
Considering the line between the northeast corner of the said Section 22,
being an aluminum capped monument, LS 20123, and the north one quarter corner
of the said Section 22 , •being a No. 4 rebar being the north line of the said
Northeast one quarter of Section 22 as bearing North 90 degrees 00 minutes 00
seconds West and with all bearings contained herein relative thereto;
Commencing at the said northeast corner of Section 22,
THENCE along the said north line, North 90 degrees 00 minutes 00 seconds
West for a distance of 716. 48 feet to the east line of the Plat of Prospect
II, a Plat of .record with the said Clerk and Recorder;
THENCE along the said east line, South 00 degrees 44 minutes 00 seconds
East for a distance of 50. 00 feet to the southerly right of way of Prospect
Road and to the TRUE POINT OF BEGINNING of this description;
THENCE continuing along the said east line, South 00 degrees 44 minutes
00 seconds East for a distance of 20. 00 feet;
THENCE leaving the said east line, North 90 degrees 00 minutes 00
seconds East for a distance of 13 . 00 feet to the easterly line of a 13 . 00
feet wide access easement as described in Book 2290 at page 1461 records of
the said Clerk and Recorder;
THENCE along the said east line of the access easement, South 00 degrees
44 minutes 00 seconds East for a distance of 244 . 98 feet;
THENCE leaving the said east line, North 90 degrees 00 minutes 00
seconds East for a distance of 132 . 30 feet to the northerly line of the
proposed Permanent Drainage And Utility Easement as described by Greenhorne
& O'Mara, Inc. ;
THENCE along the said northerly line of the proposed easement, along a
non-tangent curve to the right having a radius of 100. 00 feet, a central
angle of 37 degrees 28 minutes 31 seconds and an arc length of 65. 41 feet,
being subtended by a chord of North 71 degrees 51 minutes 45 seconds East for
a distance of 64 . 25 feet;
THENCE leaving the said northerly line of the proposed easement, non-
tangent from the said curve, North 90 degrees 00 minutes 00 seconds West for
a distance of 173 . 61 feet;
THENCE North 00 degrees 44 minutes 00 seconds West for a
distance of 244 . 98 feet to the said southerly right of way of Prospect Road;
THENCE along the said right of way, North 90 degrees. 00 minutes 00
seconds West for a distance of 33 . 00 feet to the point of beginning.
Containing 8191 square feet or 0. 188 acres.
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 dad *ot upon a
actual eld syyrvey. / O 0� � q.
G. ✓��lciw-�' Jv Z? rl Z��+'���f o"'E otis�osy:
WALLACE C. MUSCOTT COLORADO P.L.S. 17491 DATE
: 17497
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PARCEL 6 EXHIBIT A
Page 6 OF 7
DESCRIPTION OF A PERMANENT SLOPE EASEMENT
A PERMANENT SLOPE EASEMENT located in the Northeast one quarter of
Section 22 , Township 7 North, Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, also being
located in that certain tract of land as described in that certain deed
dated August 31, 1979 and recorded in Book 1983 at Page 988 records of
the Clerk and Recorder of the said Larimer County, more particularly
described as follows;
Considering the north line of the said Northeast one quarter of Section
22 as bearing North 90 degrees 00 minutes 00 seconds West and with all
bearings contained herein relative thereto;
Commencing at the said northeast corner of Section 22 ,
THENCE along the said north line, North 90 degrees 00 minutes 00
seconds West for a distance of 65. 01 feet to the northerly prolongation
of the westerly line of a slope easement granted to the City of Fort
Collins in Book 1635 at Page 475 records of the said Clerk and Recorder;
THENCE along the said northerly prolongation and along the said
westerly line, South 00 degrees 44 minutes 00 seconds East for a
distance of 75 . 01 feet to the southerly line of the slope easement
granted to the said City of Fort Collins at Reception No. 86023984
records of the said Clerk and Recorder and to the TRUE POINT OF
BEGINNING of this description ;
THENCE continuing along the said westerly line, South 00 degrees 44
minutes 00 seconds East for a distance of 20. 58 feet;
THENCE leaving the said westerly line, North 45 degrees 22 minutes
00 seconds West for a distance of 15. 06 fee _ to a line• which is 10. 00
feet (measured at right angles) south of and parallel with the said
southerly line of the slope easement described at Reception No.
86023984 ;
THENCE along the said parallel line, North 90 degrees 00 minutes 00
seconds West for a distance of 131. 25 feet;
THENCE leaving the said parallel line, North 83 degrees 39 minutes
35 seconds West for a distance of 90. 55 feet to the said southerly line
of the slope easement described at Reception No. 86023984 ;
THENCE along the said southerly line, North 90 degrees 00 minutes
00 seconds East for a distance of 231.70 feet to the point of beginning.
Containing 1924 square feet.
The above described tract 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 is based upon previously recorded plats and
deeds and not upon a actual field survey.
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