HomeMy WebLinkAbout1994-037-03/01/1994-CHOICES 95 PROJECT COLLEGE AVENUE/PROSPECT ROAD EMINENT DOMAIN PROCEEDINGS INTERSECTION IMPROVEMENTS RESOLUTION 94-37
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN
PROCEEDINGS OF CERTAIN LAND FOR CHOICES 95 PROJECT -
COLLEGE AVENUE/PROSPECT ROAD INTERSECTION IMPROVEMENTS
WHEREAS, the City of Fort Collins desires to acquire certain property
hereinafter described for the purpose of constructing the Choices 95 Project -
College Avenue/Prospect Road Intersection Improvements, which involves certain
street and utility 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 properties 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 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 the Choices 95 Project - College Avenue/Prospect Road Intersection
Improvements.
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. The City Council hereby finds, in the event that acquisition
by condemnation of the property is commenced, that immediate possession is
necessary for the public health, safety and welfare.
Passed and adopted at a regular meeting of th Council h thi 1st
day of March, A.D. 1994.
yor
ATTEST:
City Clerk
Exhibit A
DESCRIPTION OF THE ADDITIONAL RIGHT OF WAY FOR EAST PROSPECT STREET
A tract of land located in the Northwest one quarter of Section 24
Township 7 North, Range 69 West of the Sixth Principal Meridian,
City of Fort Collins, Larimer County, Colorado, being located in
Lot 1 of the Plat of I.C. Bradley's Addition to the City of Fort
Collins, a Plat of record with the Clerk and Recorder of the said
Larimer County, more particularly described as follows;
Considering the North line of the said Lot 1 as bearing North 89
degrees 58 minutes 31 seconds West, and with all bearings contained
herein relative thereto;
Commencing at the northeast corner of the said Lot 1, being the
TRUE POINT OF BEGINNING of this description;
THENCE along the said north line of Lot 1, North 89 degrees 58
minutes 31 seconds West for a distance of 114 . 65 feet to the
easterly line of the additional right of way as described in that
certain Deed of Easement recorded at Reception No. 85033326 records
of the said Clerk and Recorder;
THENCE along the said easterly line, and along a curve to the
left having a radius of 30.00 feet an arc length of 27. 82 feet, and
a central angle of 53 degrees 07 minutes 48 seconds, being
subtended by a chord of South 63 degrees 27 minutes 35 seconds West
for a distance of 26.83 feet to a line which is 12 . 00 feet
(measured at right angles) south of and parallel with the said
north line of Lot 1;
THENCE along the said parallel line, South 89 degrees 58
minutes 31 seconds East for a distance of 138 .61 feet to the
easterly line of the said Lot 1;
THENCE along the said easterly line, North 00 degrees 12
minutes 02 seconds East for a distance of 12. 00 feet to the point
of beginning.
The above described tract contains 1577 square feet and 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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WALLACE C. MUS OTT DAT
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