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