HomeMy WebLinkAbout1985-080-05/21/1985-AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS IN THE CITY (TO BE USED A RESOLUTION 85-80
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 extension of South Lemay
Avenue, together with easements and right-of-way for related improvements,
facilities and utilities; and
WHEREAS, the City has previously attempted to negotiate the
acquisition of said property and rights from the owners thereof, which
negotiations have 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
that the City of Fort Collins acquire certain lands, together with
easements and right-of-way, more particularly described as follows to be
used as a roadway with related improvements utilities and facilities:
LEGAL DESCRIPTION OF
TEMPORARY CONSTRUCTION EASEMENT
A ten foot wide temporary construction easement being contiguous
with and lying ten (10) feet east of the following described
line:
Commencing at the northwest corner of Section 31, Township 7
North, Range 68 West of the Sixth Principal Meridian and
considering the north line of said Section 31 to bear N 890 57'
00" E with all bearings herein relative thereto;
Thence S 43' 48' 45" E, 1830.92 feet;
Thence S 20° 57' 40" W, 212.05 feet to the northwest corner of
the Ronald E. and Sally June Bockman property, as recorded in
Book 1314, Page 526 of the Larimer County Records;
Thence along the north line of said Bockman property S 60° 22'
00" E, 85.94 feet to the True Point of Beginning;
Thence 72.99 feet along the arc of a curve to the right, having a
central angle of 03' 20' 44", a radius of 1250.00 feet, and a
long chord that bears S 12° 11' 38" W, 72.98 feet;
Thence S 13' 52' 00" W, 482.26 feet;
Thence 407.51 feet along the arc of a curve to the right, having
a central angle of 18' 40' 44", a radius of 1250.00 feet, and a
long chord that bears S 23' 12' 22" W, 405.71 feet;
Thence S 32' 32' 44" W, 196+ feet to the Point of Termination on
the south line of said Bockman property.
Said easement contains 11,578 square feet more or less.
LEGAL DESCRIPTION OF SUBJECT PROPERTY
A tract of land located in Section 31, Township 7 North, Range 68
West of the Sixth Principal Meridian, Larimer County, Colorado,
being more particularly described as follows:
Commencing at the northwest corner of said Section 31 and
considering the north line of said Section 31 to bear N 89' 57'
00" E with all bearings herein relative thereto;
Thence S 43° 48' 45" E, 1830.92 feet;
Thence S 20° 57' 40" W, 212.05 feet to the True Point of
Beginning, also being the northwest corner of the Ronald E. and
Sally June Bockman property, as recorded in Book 1314, Page 526
of the Larimer County Records;
Thence along the north line of said Bockman property S 60' 22'
00" E, 85.94 feet;
Thence 72.99 feet along the arc of a curve to the right, having a
central angle of 03' 20' 44", a radius of 1250.00 feet, and a
long chord that bears S 12' 11' 38" W, 72.98 feet;
Thence S 13° 52' 00" W, 482.26 feet;
Thence 407.51 feet along the arc of a curve to the right, having
a central angle of 18° 40' 44", a radius of 1250.00 feet, and a
long chord that bears S 230 12' 22" W, 405.71 feet;
Thence S 32' 32' 44" W, 195.93 feet to a point on the north line
of Golden Meadows Second Filing, also being on the south line of
said Bockman property;
Thence along said north line of Golden Meadows N 890 44' 09" W,
118.29 feet to the northwest corner of said Golden Meadows Second
Filing;
Thence continuing N 89' 44' 09" W, 8.12 feet to the southwest
corner of said Bockman property;
Thence along the west boundary of said Bockman property by the
following seven (7) course:
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1. N 34° 36' DO" E, 80.34 feet
2. N 32° 15' 00" E , 189.18 feet
3. N 26° 26' 00" E, 181.63 feet
4. N 20° 33' DO" E, 165.19 feet
5. N 16° 16' 00" E, 134.71 feet
6. N 12° 40' 00" E, 302.67 feet
7. N 21° 06' 38" E, 162.31 feet to the True Point of Beginning.
Said tract contains 2.827 acres more or less.
LEGAL DESCRIPTION OF DRAINAGE EASEMENT
A ten (10) foot wide permanent drainage easement and a five (5)
foot wide temporary construction easement located in Section 13,
Township 7 North, Range 68 West of the Sixth Principal Meridian,
Larimer County, Colorado, being more particularly described as
follows:
Permanent Ten (10) Foot Easement
The south ten (10) feet of the Ronald E. and Sally June Bockman
property as filed in the records of the Larimer County Clerk and
Recorder in Book 1314, Page 526. Said easement contains 5,018
square feet more or less.
Temporary Construction Easement
The north five (5) feet of the south fifteen feet of the Ronald
E. and Sally June Bockman property as filed in the records of the
Larimer County Clerk and Recorder in Book 1314, Page 526. Said
easement contains 2,485 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 City Council held this
21st day of May, A.D. 1985.
Mayor
ATTEST:
City Cl