HomeMy WebLinkAbout1986-182-11/04/1986-EMINENT DOMAIN LARIMER 2 CANAL EXTENSION RESOLUTION 86-182
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING EMINENT DOMAIN PROCEEDINGS FOR
IMPROVEMENTS TO THE LARIMER #2 CANAL EXTENSION
WHEREAS, the City of Fort Collins desires to acquire certain easements
through certain real property hereinafter described for the purpose of the
expansion and widening of the Larimer #2 Canal Extension for the
transmission of storm drainage water and the construction and maintenance
of related improvements and facilities to accommodate the increase in
stormwater runoff caused by development in the McClellands Drainage Basin;
and
WHEREAS, the City has previously attempted to negotiate the
acquisition of said property and rights from the owners thereof, which
negotiations have to date been unsuccessful ; 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
in the public interest that the City of Fort Collins acquire certain
easements through certain real property more particularly described as
follows to be used for the enlargement of the Larimer #2 Canal Extension
for the transmission of storm drainage water and the construction and
maintenance of related improvements and facilities:
An easement on, over and across a parcel of land located in the
Southwest Quarter of Section 36, Township 7 North, Range 69 West of
the 6th P.M. , City of Fort Collins, County of Larimer, State of
Colorado, and being 12 feet on the easterly side and 18 feet on the
westerly side of the following described centerline:
Considering the West line of the South Half of the Southwest Quarter
of said Section 36 as bearing N 00004'30" W and with all bearings
contained herein relative thereto:
Commencing at the Southwest corner of the South Half of the Southwest
Quarter of said Section 36; thence N 00°04'30" W along the West line
of the South Half of the Southwest Quarter, a distance of 870.19 feet;
thence N 89°55'30" E, a distance of 50.00 feet to the Southwest corner
of a parcel of land as described in Reception No. 85009553 of the
records of said county (subject to right-of-way dedication recorded in
Book 1094 at Page 578 of the records of said county) , thence N
89°54'16" E along the South line of said parcel , 299.08 feet to the
Northwest corner of the parcel of land described in Reception No.
139548 of the records of said county; thence along the North line of
said parcel N 89054' 16" E, 194.52 feet; thence along the line of said
parcel S 51056'00" E, 141 .93 feet; thence S 39001' 14" W, 70.45 feet;
thence, 50.61 feet along the arc of a curve having a central angle of
38039'39"1 a radius of 75.00 feet, and whose long chord bears S
19-41125" W, 49.65 feet; thence S 00°21'35" W, 30.70 feet to the True
Point of Beginning; thence S 00021'35" W, 323.40 feet; thence S
06-11/15" W, 104.70 feet; thence S 13022'55" W, 149.57 feet; thence
29.22 feet along the arc of a curve to the right having a central
angle of 55049'00", a radius of 30.00 feet; whose chord bears S
41017'25" W 28.08 feet; thence S 69°11'55" W, 28.27 feet to the end of
said easement.
AND
An easement over and across a parcel of land located in the South Half
of the Southwest Quarter of Section 36, Township 7 North, Range 69
West of the 6th P.M. , City of Fort Collins, County of Larimer, State
of Colorado, being more particularly described as follows:
Considering the West line of the South Half of the Southwest Quarter
of said Section 36 as bearing North 00°04'30" West, with all bearings
contained herein relative thereto:
Commencing at the Southwest corner of said Section 36; thence along
the said West line, North 00004'30" West, 870.16 feet; thence, North
89°54' 16" East, 543.60 feet to a point on the North line of that
certain parcel described in Reception No. 139548, Records of said
County; thence along the Northeasterly line of said parcel , South
51°56'00" East, 101.93 feet to the POINT OF BEGINNING; thence South
25°12'10" West, 95.23 feet to a point on a curve concave to the East
having a central angle of 24050'35", a radius of 95.00 feet and the
chord of which bears, South 12046'53" West 40.87 feet; thence, South
00°21 '35" West, 30.70 feet; thence, South 89038'25" East, 40.00 feet;
thence, North 00°21'35" East, 30.70 feet; thence, North 50018'34"
East, 136.64 feet to a point on the North line of said parcel recorded
at Reception No. 139548; thence along said North line, South 90°00'00"
West, 45.74 feet; thence, North 51056'00" West, 63.27 feet to the
Point of Beginning.
Section 2. In the event that the City is unable to acquire such
easements by agreement with the owners of the above described property, the
City Council hereby 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 4th day of November, A.D. 1986.
Mayor
ATTEST:
City Clerk