HomeMy WebLinkAbout1985-164-09/17/1985-AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS IN THE CITY (FOR CONSTRUC RESOLUTION 85-164
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
TEMPORARY CONSTRUCTION EASEMENT AND
20' PERMANENT UTILITY EASEMENT
EVERGREEN PARK 2
Two strips of land in Lot 14, Block 4, Replat (No. 1) of
Evergreen Park according to the recorded plat thereof, City of
Fort Collins, Larimer County, Colorado, 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 temporary construction easement lying 50 feet North
of the following described reference line, and being bounded on
the South by the South line of said Lot 14; Beginning at the
Southeast corner of said Lot 14, Block 4 and considering the
South line of said Lot 14 to bear North 89°32'32" West, with all
bearings contained herein relative thereto; thence Northerly
along the East line of said Lot 14 North 00°21 '48" East, 26.72
feet to the True Point of Beginning of said reference line;
thence departing said East line North 89°31' 14" West 395.00 feet
to the West line of said Lot 14 and the point of terminus of this
description, with said point of terminus lying 26.87 feet North
of the Southwest corner of Lot 14. The above described permanent
utility easement contains 7,900 square feet, more or less, and
• i
the above described construction easement contains 30,300 square
feet, more or less.
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.
Mayor Al
ATTEST:
City Clerk