HomeMy WebLinkAbout1985-148-09/03/1985-AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS IN THE CITY (FOR THE CONS RESOLUTION 85- 148
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
SMOOKLER
Two strips of land in Lot 2, Lakewood Estates Mobile Home Park
according to the recorded plat thereof, City of Fort Collins,
Larimer County, Colorado 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: Beginning at the
Southwest corner of said Lot 2 and considering the West_ line of
said Lot 2 to bear North 00°23'30" East with all bearings
contained herein relative thereto; thence Northerly along said
West line North 00° 23'30" East, 25.00 feet to the True Point of
Beginning of said reference line; thence departing said West line
along a line parallel to the South line of said Lakewood Estates
Mobile Home Park South 89°35'55" East, 69.24 feet to the
Northeasterly line of said Lot 2 and the point of terminus of
this description together with the following described easement:
A 75 foot wide temporary construction easement being the South 75
feet of said Lot 2, Lakewood Estates Mobile Home Park with the
North line of said temporary construction easement being parallel
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to the South line of said Lot 2 together with the following
described easement: A 35 foot wide temporary construction
easement being the South 35 feet of said Lot 1, Lakewood Estates
Mobile Home Park with the North line being parallel to the South
line of said Lot 1. The above described permanent utility
easement contains 1,400 square feet, more or less and the above
described temporary construction easement in Lot 2 contains 6,600
square feet, more or less and the above described temporary
construction easement in Lot 1 contains 23,400 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.
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ATTEST:
City Clerk