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HomeMy WebLinkAbout1985-151-09/03/1985-AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS IN THE CITY (FOR THE CONS RESOLUTION 85- 151 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 PERMANENT UTILITY EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT DIETZ Two strips of land in Lot 23, Block 7, Replat of Evergreen Park Second Filing according to the recorded plat, thereof, City of Fort Collins, Larimer County, Colorado being described as follows: A permanent utility easement lying 10 feet North of the following described reference line and being bounded on the South by the South line of said Lot 23 and a temporary construction easement lying 25 feet North of the following described reference line and being bounded on the South by the South line of said Lot 23: Beginning at the Southwest corner of said Lot 23 and considering the West line of said Lot 23 to bear North 00009'28" East with all bearings contained herein relative thereto; thence Northerly along said West line North 00°09'28" East, 9.92 feet to the True Point of Beginning of said reference line; thence departing said West line South 89032'32" East, 90.94 feet to the Easterly line of said Lot 23 lying 9.45 feet North of the extension of the South line of said Lot 23 and the point of terminus of this description. The above described permanent utility easement contains 1,800 square feet, more or less, and the above described temporary construction easement contains 3,100 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 Council of the City of Fort Collins held this 3rd day of September, A.D. 1985. M yor ATTEST: City Clerk