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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