HomeMy WebLinkAbout1985-146-09/03/1985-AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS IN THE CITY (FOR THE CONS y
RESOLUTION 85- 146
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
SUMMIT VIEW PROPERTIES
Two strips of land in the West half of Section 5, Township 7
North, Range 68 West of the Sixth 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 temporary construction easement
lying 50 feet North and 25 feet South of the following described
reference line; Beginning at the West Quarter corner of Section 5
and considering the West line of the Southwest Quarter of Section
5 to bear South 00026'35" West with all bearings contained herein
relative thereto; thence Southerly along said West line South 000
26'35" West, 66.90 feet to the True Point of Beginning of said
reference line; thence departing said West line South 86°09'35"
East, 1,040.00 feet at which point the Southerly limit of said
temporary construction easement is .modified to lie 50 feet South
of said reference line for a total width of 100 feet; thence
continuing along said reference line South 86°09'35" East, 80.49
feet ; thence North 29°54' 50" East, 48.07 feet, more or less, to
the centerline of the Larimer and Weld County Canal and the point
of terminus of this description. The above described permanent
utility easement contains 23,400 square feet, more or less, and
the above described temporary construction easement contains
90,900 square feet, more or less.
LEGAL DESCRIPTION
25' TEMPORARY ACCESS EASEMENT
SUMMIT VIEW PROPERTIES
A strip of land in the West Half of Section 5, Township 7 North,
Range 68 West of the Sixth P.M., Larimer County, Colorado being
described as follows: A 25 foot wide temporary access easement
lying 25 feet East of the following described reference line:
Beginning at the West Quarter corner of said Section 5 and
considering the West line of the Southwest Quarter of said
Section 5 to bear South 00°26'25" West with all bearings
contained herein relative thereto; thence Southerly along said
West line South 00°26 '35" West, 66.90 feet to the True Point of
Beginning of said reference line; thence continuing along said
West line South 00°26 ' 35" West , 2, 331 . 00 feet to the
Southeasterly corner of that portion of the West half of said
Section 5 described in Book 2036, Page 122 of the Larimer County
records and the point of terminus of this description. The above
described temporary access easement contains 58,300 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 pr;:per 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.Myor
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