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
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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�
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WALLACE C. MUSCOTT COL0RADO P. L.S. 17497 + DATE ��497
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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%
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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.
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Page 525
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