Loading...
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. fi/Lia, /If, ,-,V f Qcr 20 WALLACE C. MUS OTT DAT rornRAoo P._L. ._ 1-74-q7