Loading...
HomeMy WebLinkAbout1992-112-07/07/1992-EMINENT DOMAIN PROCEEDINGS MULLANEY SEWER IMPROVEMENTS STORM DRAINAGE STREET IMPROVEMENTS RESOLUTION 92- 112 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS FOR STORM DRAINAGE, SEWER AND STREET IMPROVEMENTS WHEREAS, the City of Fort Collins desires to acquire certain property hereinafter described for the purpose of constructing storm drainage, sewer and street improvements; and WHEREAS, the City has previously negotiated in good faith for the acquisition of said property from the owner thereof, which negotiations have been unsuccessful ; and WHEREAS, the acquisition of the property is desirable and necessary for the construction of the improvements, is in the public interest and enhances the public health, safety and welfare; and WHEREAS, the acquisition of such property may, by law, be accomplished through proceedings of eminent domain. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City hereby finds and determines that it is necessary in the public interest to acquire the real property described on attached Exhibit "A, " which is incorporated herein by this reference, for the purpose of constructing storm drainage, sewer and street improvements. Section 2. That the City Council hereby authorizes the City Attorney and other proper officials of the City to acquire the said real property 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 7th day of July, A.D. 1992. i G Mayor ATTEST: City Clerk Exhibit A Page 1 of 5 DESCRIPTION OF A 20. 00 FEET WIDE SANITARY SEWER EASEMENT TO BE GRANTED BY MULLANEY A tract of land located in the Northeast one quarter of Section 22 , Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, also being located in that certain tract of land as described in that certain deed dated August 31, 1979 and recorded in Book 1983 at Page 988 records of the Clerk and Recorder of the said Larimer County, more particularly described as follows; Considering the line between the northeast corner of the said Section 22, being an aluminum capped monument, IS 20123 , and the north one quarter corner of the said Section 22 , being a No. 4 rebar being the north line of the said Northeast one quarter of Section 22 as bearing North 90 degrees 00 minutes 00 seconds West and with all bearings contained herein relative thereto; Commencing at the said northeast corner of Section 22 , THENCE along the said north line, North 90 degrees 00 minutes 00 seconds West for a distance of 716 . 48 feet to the east line of the Plat of Prospect II, a Plat of record with the said Clerk and Recorder; THENCE along the said east line, South 00 degrees 44 minutes 00 seconds East for a distance of 50 . 00 feet to the southerly right of way of Prospect Road and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said east line, South 00 degrees 44 minutes 00 seconds East for a distance of 20 . 00 feet; THENCE leaving the said east line, North 90 degrees 00 minutes 00 seconds East for a distance of 13 . 00 feet to the easterly line of a 1340 feet wide access easement as described in Book 2290 at page 1461 records of the said Clerk and Recorder; THENCE along the said east line of the access easement, South 00 degrees 44 minutes 00 seconds East for a distance of 244 . 98 feet; THENCE leaving the said east line, North 90 degrees 00 minutes 00 seconds East for a distance of 132 . 30 feet to the northerly line of the proposed Permanent Drainage And Utility Easement as described by Greenhorne & O'Mara, Inc. ; THENCE along the said northerly line of the proposed easement, along a non-tangent curve to the right having a radius of 100. 00 feet, a central angle of 37 degrees 28 minutes 31 seconds and an arc length of 65. 41 feet, being subtended by a chord of -North 71 degrees 51 minutes 45 seconds East for a distance of 64. 25 feet; THENCE leaving the said northerly line of the proposed easement, non- tangent from the said curve, North 90 degrees 00 minutes 00 seconds West for a distance of 173.61 feet; THENCE North 00 degrees 44 minutes 00 seconds West for a distance of 244.98 feet to the said southerly right of way of Prospect Road; THENCE along the said - right of way, North 90 degrees 00 minutes 00 seconds West for a distance of 33 . 00 feet to the point of beginning. Containing 8191 square feet or 0. 188 acres. The above described tracts are subject to all easements and rights of ways now existing or of record. i I hereby state that the above description was prepared by ??�� and correct to the best of my professional knowledge, beliefiRd�^S. ram'., The description is based upon previously recorded plats and d ec § and not'.upbn a actu&.Ja fielCsu/7 /wu � J tf �,, �7 � y�r Zg f q52 * 17a WALLACE C. MUSCOTT COLORADO P. L.S. 17497 DATE Exhibit A Page 2 of 5 DESCRIPTION OF A 30. 00 FEET WIDE TEMPORARY CONSTRUCTION EASEMENT TO BE GRANTED BY MULLANEY A 30. 00 feet wide TEMPORARY CONSTRUCTION EASEMENT lying 30. 00 feet (measured at right angles) easterly and northerly of and parallel with and adjacent to the following described line, with the sidelines foreshortened or prolongated to their points of intersection with the existing street and road rights of ways, located in the Northeast one quarter of Section 22 , Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, also being located in that certain tract of land as described in that certain deed dated August 31, 1979 and recorded in Book 1983 at Page 988 records of the Clerk and Recorder of the said Larimer County, more particularly described as follows; Considering the north line of the said Northeast one quarter of Section 22 as bearing North 90 degrees 00 minutes 00 seconds West and with all bearings contained herein relative thereto; Commencing at the northeast corner of the said Section 22 , THENCE along the said north line of the northeast one quarter, North 90 degrees 00 minutes 00 seconds West for a distance of 716. 48 feet to the said east line of the Plat of Prospect II , a Plat of record with the said Clerk and Recorder; THENCE along the said east line, South 00 degrees 44 minutes 00 seconds East for a distance of 50. 00 feet to the said southerly right of way of Prospect Road; THENCE along the said right of way, North 90 degrees 00 minutes 00 seconds East for a distance of 33 . 00 feet TRUE POINT OF BEGINNING of this description; THENCE South 00 degrees 44 minutes 00 seconds East for a distance of 244 . 98 feet; THENCE North 90 degrees 00 minutes 00 seconds East for a distance of 173 . 61 feet to the northerly line of the Proposed Permanent Drainage and Utility Easement as described by Greenhorne & O'Mara, Inc. ; THENCE along the said northerly line the following four (4) courses and distances, (1) South 89 degrees 24 minutes 00 seconds East for a distance of 26. 00 feet; (2) along a curve to the right having a radius of 100.00 feet, a central angle of 24 degrees 10 minutes 00 seconds and an arc length of 42. 18 feet, being subtended by a chord of South 77 degrees 19 minutes 00 seconds East for a distance of 41.87 feet; (3) South 65 degrees 14 minutes 00 seconds East for a distance of 112 .48 feet; (4) South 87 degrees 44 minutes 00 seconds East for a distance of 291.98 feet (previously recorded as 292 . 00 feet) to the westerly right of way of Shields Street and to the terminus of this description. The above described tracts are subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by i d is true and correct to the best of my professional knowledge, beli ,RX n. The description is based upon previously recorded plats a tupon a act al field Urvrveyr 'E� C. Vw4f t9 I�tSL _ate ! ROtios WALLACE C. MUSCOTT COL0RADO P. L.S. 17497 + DATE ��497 lotf A `• � P �� 10 Exhibit A Page 3 of 5 DESCRIPTION OF A PERMANENT SLOPE EASEMENT TO BE GRANTED BY MULLANEY A PERMANENT SLOPE EASEMENT located in the Northeast one quarter of Section 22, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, also being located in that certain tract of land as described in that certain deed dated August 31, 1979 and recorded in Book 1983 at Page 988 records of the Clerk and Recorder of the said Larimer County, more particularly described as follows; Considering the north line of the said Northeast one quarter of Section 22 as bearing North 90 degrees 00 minutes 00 seconds West and with all bearings contained herein relative thereto; Commencing at the said northeast corner of Section 22 , THENCE along the said north line, North 90 degrees 00 minutes 00 seconds West for a distance of 65. 01 feet to the northerly prolongation of the westerly line of a slope easement granted to the City of Fort Collins in Book 1635 at Page 475 records of the said Clerk and Recorder; THENCE along the said northerly prolongation and along the said westerly line, South 00 degrees 44 minutes 00 seconds East for a distance of 75 . 01 feet to the southerly line of the slope easement granted to the said City of Fort Collins at Reception No. 86023984 records of the said Clerk and Recorder and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said westerly line, South 00 degrees 44 minutes 00 seconds East for a distance of 20.58 feet; THENCE leaving the said westerly line, North 45 degrees 22 minutes 00 seconds West for a distance of 15. 06 feet to a line which is 10. 00 feet (measured at right angles) south of and parallel with the said southerly line of the slope easement described at Reception No. 86023984 ; THENCE along the said parallel line, North 90 degrees 00 minutes 00 seconds West for a distance of 131. 25 feet; THENCE leaving the said parallel line, North 83 degrees 39 minutes 35 seconds West for a distance of 90. 55 feet to the said southerly line of the slope easement described at Reception No. 86023984 ; THENCE along the said southerly line, North 90 degrees 00 minutes 00 seconds East for a distance of 231. 70 feet to the point of beginning. Containing 1924 square feet. The above described tract is subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. 44 ) WALLACE C. MUSCOTT COLORADO P. L.S. 17497 DATE a ! 9^a;Gr% . tea ry��i9pj�'OLOfi PVO``.. Exhibit A Page 4 of 5 DESCRIPTION OF A TRACT OF LAND TO BE GRANTED BY MULLANEY A tract of land located in the Northeast one quarter of Section 22 , Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, also being located in that certain tract of land as described in that certain deed dated August 31, 1979 and recorded in Book 1983 at Page 988 records of the Clerk and Recorder of the said Larimer County, more particularly described as follows; Considering the line between the northeast corner of the said Section 22, being an aluminum capped monument, LS 20123 , and the north one quarter corner of the said Section 22 , being a No. 4 rebar being the north line of the said Northeast one quarter of Section 22 as bearing North 90 degrees 00 minutes 00 seconds West and with all bearings contained herein relative thereto; Commencing at the said northeast corner of Section 22 , THENCE along the said north line, North 90 degrees 00 minutes 00 seconds West for a distance of 50. 00 feet; THENCE South 00 degrees 44 minutes 00 seconds East for a distance of 50. 00 feet to the existing southerly right of way of Prospect Road and to the TRUE POINT OF BEGINNING of this description; THENCE along the said southerly right of way, North 90 degrees 00 minutes 00 seconds West for a distance of 245. 00 feet; THENCE leaving the said right of way, South 83 degrees 39 minutes 35 seconds East for a distance of 90. 55 feet to a line which is 10. 00 feet (measured at right angles) south of and parallel with the said southerly right of way; THENCE along the said parallel line, North 90 degrees 00 minutes 00 seconds East for a distance of 140. 13 feet; THENCE South 45 degrees 22 minutes 00 seconds East for a distance of 21. 35 feet to the existing westerly right of way of Shields Street; THENCE along the said westerly right of way, North 00 degrees 44 minutes 00 seconds West for a distance of 25.00 feet to the point of beginning. Containing 2113 square feet or 0. 049 acres. The above described tracts are subject to all easements and rights of ways now existing or of record. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. {.�"�LAC'E Cggi�h,3 W�iJL.0 C��. C. • ��I.�GM/�/ �[/ A.r Z • ��/ Z... \a1��PE0gs.•.,'�!'•� WALLACE C. MUSCOTT COL40RADO P. L.S. 17497 DATE a ao'irG's v O�COLO'�,a�' `%;:rrsanr:;a�a Exhibit Page 525 ' I i33diS SGIT HS H±OOS rK n � . 0 !� - w / \ ? rt & U ( I / \ } � & \ � $ ! s§ LLJ� � § Z . » O ^ < F— Q O