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HomeMy WebLinkAbout1985-163-09/17/1985-AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS IN THE CITY (FOR THE EXPA RESOLUTION 85- 163 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 expansion and widening of South Shields Street in Fort Collins , and to also acquire such easements and rights-of-way as are necessary for the construction of related improvements, facilities and utilities; and WHEREAS, the City has previously attempted to negotiate the acquisition of said property, easements and rights-of-way from the owners thereof, with a final written offer having been submitted to said owners as required by law, which negotiations have been unsuccessful as of this date; and WHEREAS, the acquisition of said property, easements and rights-of-way is desirable and necessary for public use and said acquisition may 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 Council hereby finds and determines that it is necessary that the City of Fort Collins acquire certain lands, together with easements and rights-of-way, more particularly described as follows to be used as a roadway with related improvements, utilities and facilities: LEGAL DESCRIPTION PERMANENT UTILITY EASEMENT WEBSTER PARCEL I A twenty foot wide parcel of land and a fifteen foot wide permanent utility easement located in the Southwest quarter of Section 26, Township 7 North, Range 69 West of the 6th P.M. , Larimer County, Colorado, being more particularly described as follows: Legal description of a twenty foot fee simple parcel : The west twenty feet of the V.J. Webster and Rosalie M. Webster's property as filed in the Records of the Larimer County Clerk and Recorder in Book 1169, Page 326, less Book 1202, Page 161. Legal description of a fifteen foot wide permanent utility easement: The east fifteen feet of the west thirty-five feet of the V.J. Webster and Rosalie M. Webster's property as filed in the Records of the Larimer County Clerk and Recorder in Book 1169, Page 326, less Book 1202, Page 161. LEGAL DESCRIPTION PERMANENT UTILITY EASEMENT WEBSTER PARCEL II A twenty foot wide parcel of land and a fifteen foot wide permanent utility easement located in the southwest quarter of Section 26, Township 7 North, Range 69 W of the 6th P.M. , Larimer County, Colorado, being more particularly described as follows: Legal description of a twenty-foot fee simple parcel : The west twenty feet of the John Webster, Frances M. Webster and V.J. Webster property as filed in the Records of the Larimer County Clerk and Recorder in Book 1202, Page 161. Legal description of a fifteen foot wide permanent utility easement: The east fifteen feet of the west thirty-five feet of the John Webster, Frances M. Webster and V.J. Webster property as filed in the Records of the Larimer County Clerk and Recorder in Book 1202, Page 161. Section 2. The City Council hereby finds and determines that it is not possible to acquire such property, easement and right-of-way by negotiating with the owners thereof and, accordingly, authorizes the City Attorney and other proper officials of the City to acquire the same for the City by eminent domain. Passed and adopted at a regular meeting of the City Council held this 17th day of September, A.D. 1985. Mayor ATTEST: City Clerk