HomeMy WebLinkAbout1985-145-09/03/1985-AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS IN THE CITY (FOR THE CONS RESOLUTION 85- 145
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 FOOT PERMANENT UTILITY EASEMENT
EAST VINE PROPERTIES
Two strips of land in the East Half of the West Half and the West
Half of the East Half of Section 6, Township 7 North, Range 68
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 temporary construction easement lying 50 feet North and 25
feet South of the following described reference line: Beginning
at the Southeast corner of the Southwest Quarter of the Northeast
Quarter of said Section 6 and considering the East line of said
Southwest Quarter of the Northeast Quarter to bear North
00027 '49" East with all bearings contained herein relative
thereto; thence Northerly along said East line North 00027'49"
East, 38.92 feet to the True Point of Beginning of said reference
line; thence departing said East line North 86009'35" West,
700.00 feet at which point the South 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 North 86°09' 35" West, 300.00 feet at
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which point the South limit of said temporary construction
easement is modified to lie 25 feet South of said reference line
for a total width of 75 feet ; thence continuing along said
reference line North 86°09'35" West, 786.25 feet to the West line
of that parcel described in Book 1825, Page 500 of the Larimer
County records and the point of terminus of this description.
The above described permanent utility easement contains 35,700
square feet, more or less and the above described temporary
construction easement contains 141,500 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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mayor
TTEST:
,ty Ulerk