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HomeMy WebLinkAbout1985-143-09/03/1985-AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS IN THE CITY (FOR THE CONS - RESOLUTION 85- 143 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 OF BAKER PROPERTY Two strips of land in that parcel in the W 1/2 of Section 6, Township 7 North, Range 68 West of the 6th P.M., described in Book 1592, Page 590 of the Larimer County Records 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 20 feet South of the following described reference line: BEGINNING at the West Quarter Corner of said Section 6 and considering the West line of the NW 1/4 of said Section 6 to bear N 00°17'03" E with all bearings contained herein relative thereto; thence S 89°42'57" E, 30.00 feet to the Westerly line of said parcel described in Book 1592, Page 590; thence Northerly along said Westerly line N 00017'03" E, 649.28 feet to the TRUE POINT OF BEGINNING of said reference line; thence departing said Westerly line S 86°09'35" E, 2085.68 feet to the Easterly line of said parcel described in Book 1592, Page 590 and the point of terminus of this description. The above described permanent utility easement contains 41,700 square feet, more or less and the above described temporary construction easement contains 156,400 square feet. 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. al ATTEST: City Clerk