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HomeMy WebLinkAbout1975-018-04/01/1975-AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN RIGHTS TO LANDS IN THE CITY RESOLUTION 75 18 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN RIGHTS TO _LANDS IN THE CITY WHEREAS in connection with the development of the Parkwood Subdivisions in the City it is necessary in order to provide proper drainage to eliminate a surface irrigation ditch in said sub- divisions and to replace the same with a siphon pipe and WHEREAS negotiations have been conducted with the owner of said ditch easement in an attempt to acquire the rights to such surface ditch and to replace the same with a siphon pipe which negotiations have been unsuccessful and WHEREAS in the opinion of the City Council it is necessary and in the interests of the City and the City residents in the Parkwood Subdivisions to acquire such open ditch rights and to substitute therefor a siphon pipe and WHEREAS the open ditch to be replaced with a siphon pipe is located on lands described as follows A twenty foot wide easement being ten feet on each side of the centerline which begins at the Northeast corner of Lot 266 Parkwood Seventh Filing and run thence N 89°55 W 119 90 feet to the Northwest corner of said Lot 266 thence N 89°55 W 60 00 feet across Rollingwood Drive to a point on the East line of Lot 210 of Parkwood Seventh Filing thence N 89°55 W 95 00 feet across said Lot 210 to the West line of said Lot 210 which is the end of the siphon pipe NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS Section 1 The City Council hereby adopts the foregoing findings regarding the necessity of acquiring the rights above described and describing the lands on which the open ditch is located Section 2 The City Council further finds that it is not possible to negotiate for the acquisition of such rights and it is therefore necessary to resort to condemnation proceedings in order to acquire the open irrigation ditch rights referred to above and to substitute for the same a siphon pipe s+ v► Section 3 The City Council hereby authorizes the acquisition of such open ditch right through eminent domain proceedings to be brought in the name of the City in the District Court of Larimer County Colorado Passed and adopted at a regular meeting of the City Council held this 1st day of April A D 1975 ATTEST M r iyCerc _2_ ✓ 4w