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HomeMy WebLinkAbout1985-150-09/03/1985-AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS IN THE CITY (FOR THE CONS RESOLUTION 85- 150 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 MICKELSON Two strips of land in that portion of the Southwest Quarter of the Northwest Quarter of Section 1, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado described in Book 1606, Page 403 of the Larimer County records 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 parcel described in Book 1606, Page 403: Beginning at the West Quarter corner of said Section 1 and considering the West line of the Northwest Quarter of said Section 1 to bear North 00°21 '48" East with all bearings contained herein relative thereto; thence Northerly along said West line North 00°21'48" East, 338.26 feet; thence departing said West line South 89°31 ' 14" East, 40.00 feet to the East right-of-way line of North College Avenue and the West line of said parcel described in Book 1606, Page 403 lying 28.38 feet North of the Southwest corner of said parcel and the True Point of Beginning of said reference line; thence departing said East right-of-way line South 89°31' 14" East, 175.00 feet to the East line of said parcel described in Book 1606, Page 403 lying 28.02 feet North of the Southeast corner of said parcel and the point of terminus of this description. The above described permanent utility easement contains 3,500 square feet, more or less, and the above described temporary construction easement contains 9,300 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. Mayor ATTEST:: V�M�M t City Clerk