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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 m9yor ATTEST: ity ler