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