HomeMy WebLinkAbout1985-144-09/03/1985-AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS IN THE CITY (FOR THE CONS RESOLUTION 85- 144
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
GILMARTIN PERMANENT WATER LINE EASEMENT
All that portion of the Southeast 1/4 of Section 5, T7N, R69W, of
the 6th P.M., Larimer County, Colorado more particularly
described as follows:
Considering the East line of said Southeast 1/4 of Section 5 as
bearing North 00012' 56" West and with all bearings contained
herein relative thereto.
Commencing at the Southeast corner of said Section 5; thence
along said East line of the Southeast 1/4 of Section 5 North 00'
12'56" West 659.54 feet to the South line of that certain parcel
of land, described in Deed, recorded in Book 1830, Page 0373,
records of said County; thence along said South line of Book
1830, Page 0373 and its Westerly prolongation South 89°34'34"
West 659.70 feet to the East line of that certain parcel of land,
described in Deed, recorded in Book 2100, Page 0258, records of
said County and the True Point of Beginning; thence along the
North line of said Book 2100, Page 0258, South 89°34'34" West
665.30 feet to the West line of said Book 2100, Page 0258; thence
along said west line South 00001'34" West 35.00 feet to a line
which is parallel with and 35.00 feet, measured at right angles,
South of said North line of Book 2100, Page 0258; thence along
said parallel line North 89034'34" East 665.46 feet to said East
line of Book 2100, Page 0258; thence along said East line North
00°13' 56" West 35.00 feet to the True Point of Beginning.
LEGAL DESCRIPTION
GILMARTIN TEMPORARY CONSTRUCTION EASEMENT
All that portion of the Southeast 1/4 of Section 5, T7N, T69W, of
the 6th P.M., Larimer County, Colorado more particularly
described as follows:
Considering the East line of said Southeast 1/4 of Section 5 as
bearing North 00012' 56" West and with all bearings contained
herein relative thereto.
Commencing at the Southeast corner of said Section 5; thence
along said East line of the Southeast 1/4 of Section 5 North 00'
12' 56" West 659.54 feet to the South line of that certain parcel
of land, described in Deed, recorded in Book 1830, Page 0373,
records of said County ; thence along said South line of Book
1830, Page 0373 and its Westerly prolongation South 89°34' 34"
West 659.70 feet to the East line of that certain parcel of land,
described in Deed, ^ecorded in Book 2100, Page 0258, records of
said County; thence along said East line South 00°13'56" East
35.00 feet to a line which is parallel with and 35.00 feet,
measured at right angles, South of the North line of said Book
2100, Page 0258 and the True Point of Beginning; thence along
said parallel line South 89°34'34" West 665.46 feet to the West
line of said Book 2100, Page 0258; thence along said West line
South 00°01 '34" West 65.00 feet to a line which is parallel with
and 100.00 feet, measured at right angles, South of said North
line of Book 2100, Page 0258; thence along said parallel line
North 89034'34" East 665.75 feet to said East line of Book 2100,
Page 0258; thence along said East line North 00°13'56" West 65.00
feet to the True Point of Beginning.
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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