HomeMy WebLinkAbout1985-147-09/03/1985-AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS IN THE CITY (FOR THE CONS l •
RESOLUTION 85- 147
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
20' PERMANENT UTILITY EASEMENT AND
75' TEMPORARY CONSTRUCTION EASEMENT
VERNIERO
Two strips of land in the Southeast Quarter of the Southeast
Quarter of Section 4, Township 7 North, Range 69 West of the 6th
P.M. , 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 and a 75
foot wide temporary construction easement lying 50 feet North and
25 feet South of the following described reference line:
Beginning at the Northeast corner of the Southeast Quarter of the
Southeast Quarter of said Section 4 and considering the East line
of said Southeast Quarter of the Southeast Quarter to bear South
00043'25" West with all bearings contained herein relative
thereto; thence North 89°13' 32" West, 30.00 feet to the East line
of that parcel described in Book 2298, Page 2105 of the Larimer
County records; thence Southerly along said East line South
00°43'25" West, 210.27 feet to the True Point of Beginning of
said reference line; thence departing said East line North
89°48'44" West, 125.05 feet, more or less, to the center line of
the New Mercer Ditch and the point of terminus of this
description. The above described permanent utility easement
contains 2, 500 square feet, more or less, and the above described
temporary construction easement contains 10,200 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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to � �. �.,„
mayor
ATTEST:
ity Clerk