HomeMy WebLinkAbout1985-165-09/17/1985-AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS IN THE CITY (FOR CONSTRUC RESOLUTION 85- 165
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN
PROCEEDINGS OF CERTAIN LANDS IN THE CITY
WHEREAS, the City of Fort Collins desires to acquire certain lands
hereinafter described for the purpose of the construction of the Northeast
Loop Waterline; and
WHEREAS, the City has attempted to negotiate the acquisition of said
property and rights from the owners thereof, which negotiations have been
been unsuccessful ; and
WHEREAS, immediate acquisition of the property and rights is necessary
to maintain the schedule for construction of the Northeast Loop Waterline;
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:
Section 1. The City hereby finds and determines that it is necessary
that the City of Fort Collins acquire certain lands, together with
easements and right-of-way, more particularly described as follows to be
used for the construction of the Northeast Loop Waterline:
LEGAL DESCRIPTION
WAINWRIGHT EASEMENT
Two strips of land in the W 1/2 of Section 1, Township 7 North,
Range 69 West of the 6th P.M., being described as follows: A 20
foot wide permanent utility easement lying 10 feet North and 10
feet South of the following described reference line and a 75 foot
wide temporary construction easement lying 50 feet North and 25
feet South of the following described reference line: BEGINNING at
the Southwesterly corner of that portion of the W 1/2 of said
Section 1 being described in Book 1597 at Pages 130 and 131, of
the Larimer County Records, also being the Southeast corner of Lot
13, Block 5 of the Replat of Evergreen Park according to the
recorded plat thereof; thence Northerly along the common line
between said Block 5 and said parcel described in Book 1597 at
Pages 130 and 131, N 00°21'48" E 518.25 feet to the TRUE POINT OF
BEGINNING of said reference line; thence departing said common
line S 89°31' 14" E 713.70 feet to the Easterly line of said parcel
described in Book 1597 at Pages 130 and 131, and the POINT OF
TERMINUS of this description.
Section 2. The City Council hereby finds and determines that it is
not possible to acquire such property, right-of-way and easement by
negotiating with the owners thereof and, therefore, 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 City Council held this
17th day of September, A.D. 1985. p
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