HomeMy WebLinkAbout1997-079-06/03/1997-EMINENT DOMAIN PROCEEDINGS HARMONY ROAD REALIGNMENT LAND ACQUISITION STREET OVERSIZING RESOLUTION 97-79
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS
OF CERTAIN LANDS NECESSARY FOR THE CONSTRUCTION OF
STREET OVERSIZING PROJECT -- HARMONY ROAD REALIGNMENT
WHEREAS,the Street Oversizing Project --Harmony Road Realignment(the "Project") is
scheduled to commence in summer of 1997; and
WHEREAS,the Project includes the realignment of Harmony Road north to intersect with
Taft Hill Road at County Road 38E; and
WHEREAS, it is necessary for the City to acquire certain properties hereinafter described
for the purpose of constructing street improvements, bicycle, pedestrian and other related
improvements in connection with the Project; and
WHEREAS,the City has previously negotiated and continues to negotiate in good faith for
the acquisition of said properties from the owners thereof, which negotiations have thus far been
unsuccessful; and
WHEREAS,the acquisition of the properties is desirable and necessary for the construction
of the improvements, is in the best interest of the city, and enhances the public health, safety and
welfare; and
WHEREAS, the acquisition of such properties, may, by law, be accomplished through
proceedings in eminent domain.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby finds and determines that it is necessary in the
public interest to acquire the real property described on attached Exhibit"A", pages 1 to 11 , which
is incorporated herein by this reference, for the purpose of constructing street improvements,bicycle
pedestrian and other related improvements for the Project, in connection with the above-described
properties.
Section 2. That the City Council hereby authorizes the City Attorney and other appropriate
officials of the City to acquire the said real property for the City by eminent domain proceedings.
Section 3. The City Council finds, in the event that acquisition by condemnation of any
parcel described in this Resolution is commenced, that immediate possession is necessary for the
public health, safety and welfare.
Passed and adopted at a regular meeting of the City Council held ' rd ay of Jye-A.D.
1997.
Z- ayor
ATTEST:
ULU .—Vts."I
City Clerk
EXHIBIT "A"
INC.
Engineering Consultants
209 S.Meldrum
Fort Collins. Colorado 80521
3031482.5922
FAX:303/482-6368
DESCRIPTION FOR HARMONY ROAD R.O.W. (BONNEMA PROPERTY) :
A tract of land being a portion of Lot 5 and Lot lo, Block 2 ,
Westfield Subdivision, located in the Northwest Quarter of Section
34 , Township 7 North, Range 69 West of the 6th Principal Meridian,
City of Fort Collins, Larimer County, Colorado, being more
particularly described as follows :
Considering the South line of the Northwest Quarter of said Section
34 as bearing, North 89056114" West ( recorded as North 89054115"
West on the plat of Westfield Subdivision) and with all bearings
contained herein relative thereto:
Commencing at the West Quarter corner of said Section 34 ; thence
along the South line of the Northwest Quarter of said Section 34 ,
South 89056 / 1411 East, 240. 00 feet to a point on a line 50 feet West
of the East line of Lot 5, Block 2 , Westfield Subdivision, said
point also being the POINT OF BEGINNING; thence, along said line,
North 00004r01" East, 54 . 62 feet to a point on a non-tangent curve
concave to the South having a central angle of 09034 / 3411 , a radius
Of 1880. 76 feet and the chord of which bears South 80048133" East,
313 . 97 feet; thence leaving said line and along the arc of said
curve, 314 . 34 feet to the East line of Lot 10 , Block 2 , Westfield
Subdivision; thence, South 00004101" West, 4 . 81 feet to a point on
the South line of said Northwest Quarter; thence, along said South
line, North 89056114" West, 310. 00 feet to the Point of Beginning.
The above tract of land contains 0 . 243 acres and is subject to all
easements and rights-of-way now on record or existing.
10/12/94
1434-013 . b1
Denver3031458-5526
Page 1 of 11
RMINC.
Engineering Consultants
209 S.Meldrum
Fort Collins,Colorado 80521
303/482-5922
FAX:303/462.6368
DESCRIPTION FOR A SLOPE EASEMENT (BONNEMA PROPERTY) :
A slope easement being a portion of Lot 5 and Lot 10, Block 2 , .
Westfield Subdivision, located in the Northwest Quarter of Section
34 , Township 7 North, Range 69 West of the 6th Principal Meridian,
City of Fort Collins, Larimer County, Colorado, being more
Particularly described as follows :
Considering the South line of the Northwest Quarter of said Section
34 as bearing, North 89056' 1411 West ( recorded as North 8905411511
West on the plat of Westfield Subdivision ) and with all bearings
contained herein relative thereto:
Commencing at the West Quarter corner of said Section 34 ; thence
along the South line of the Northwest Quarter of ' said Section 34 ,
South 8905611411 East, 240 . 00 feet to a point on a line, 50 feet
West of the East line of Lot 5 , Block 2 , Westfield Subdivision,
thence, along said line, North 00004 / 011, East, 54 . 62 feet to the
POINT OF BEGINNING; thence, continuing along said line, North
00004101" East, 20 . 06 feet to a point on a non-tangent curve
concave to the South, having a central angle of 0902812111 , a radius
Of 1900 . 76 feet and the chord of which bears South 8005412411 East,
313 . 89 feet; thence, along the arc of said curve, 314 . 24 feet to
the East line of Lot lot Block 21 Westfield Subdivision; thence,
along said East line, South 00004 / 01/, West, 20 . 60 feet to a point
on a non-tangent curve concave to the South, having a central angle
Of 0903413411 , a radius of 1880 . 76 feet and the chord of which bears
North 80048 '3311 West, 313 . 97 feet; thence, and along the arc of
said curve, 314 . 34 feet to the Point of Beginning.
The above tract of land contains 0. 144 acres and is subject to all
easements and rights-of-way now on record or existing.
10/12/94
1434-013 . b2
Denver3031458-5526
Page 2 of 11
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INC.
Engineering Consultants
209 S.Meldrum
Fort Collins,Colorado 80521
303/482-5922
FAX 3031482-6368
DESCRIPTION FOR TAFT HILL ROAD R.O.W. (SANDERS PROPERTY) :
A tract of land being a portion of Lots 3 , 4 and S. Block 2 ,
Westfield Subdivision located in the Northwest Quarter of Section
34 , Township 7 North, Range 69 West of the 6th Principal Meridian,
City of Fort Collins, Larimer County, Colorado, being more
particularly described as follows :
Considering the South line of the Northwest Quarter of said Section
34 as bearing, South 89056' 14" East (recorded as North 89054115"
West on the plat of Westfield Subdivision) and with all bearings
contained herein relative thereto:
Commencing at the West Quarter corner of said Section 34 ; thence
along the South line of the Northwest Quarter of said Section 34,
South 89056'14" East, 30 . 00 feet to the East line of Taft Hill
Road; thence along said East line, North 00004 'O1" East, 60 . 00 feet
to the POINT OF BEGINNING; thence, continuing along said East line,
North 00004101" East, 285 . 05 feet to the Northwest corner of Lot 3 ,
Block 21 Westfield Subdivision; thence, along the North line of
said Lot 3 , South 89 °55' 59" East, 20. 00 feet; thence, leaving said
North line, South 00004 ' 01" West, 285 . 05 feet; thence, North
89 °56'14" West, 20 . 00 feet to the Point Of Beginning.
The above tract of land contains 0 . 131 acres and is subject to all
easements and rights-of-way now on record or existing.
10/12/94
1434013 .cl
Denver3031458-5526
Page 4 of 11
INC.
Engineering Consultants
209 S.Meldrum
Fort Collins,Colorado 80521
303/482.5922
FAk 3031482-6368
DESCRIPTION FOR A SLOPE EASEMENT (SANDERS PROPERTY) :
A slope easement being a portion of Lots 3 , 4 and 5, Block 2 ,
Westfield Subdivision located in the Northwest Quarter of Section
34 , Township 7 North, Range 69 West of the 6th Principal Meridian,
City of Fort Collins, Larimer County, Colorado, being more
particularly described as follows:
Considering the South line of the Northwest Quarter of said Section
34 as bearing, South 89056114" East (recorded as North 89054115"
West on the plat of Westfield Subdivision) and with all bearings
contained herein relative thereto:
Commencing at the West Quarter corner of said Section 34 ; thence
along the South line of the Northwest Quarter of said Section 34 ,
South 89056114" East, 30. 00 feet to the East line of Taft Hill
Road; thence along said East line, North 00004 ' O1" East, 60 . 00
feet; thence, leaving said East line, South 89056114" East, 20 . 00
feet; thence, North 00004101" East, 20 . 00 feet to the POINT OF
BEGINNING; thence, North 00004101" East, 265 . 05 feet to the North
line of Lot 3 , Block 2 , Westfield Subdivision; thence, along said
North line, South 89055159" East, 20 . 00 feet; thence, leaving said
North line, South 00004 'O1" East, 265. 05 feet; thence, North
89056114" West, 20 . 00 feet to the Point Of Beginning.
The above tract of land contains 0. 122 acres and is subject to all
easements and rights-of-way now on record or existing.
10/12/94
1434013 . c2
Denver303/458-5526
Page 5 of 11
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INC.
Engineering Consultants
209 S.Meldrum
Fort Collins,Colorado 80521
303/482-5922
FAX:3031482-6368
DESCRIPTION FOR HARMONY ROAD R.O.W. (SANDERS PROPERTY) :
A tract of land being a portion of Lot 5, Block 2 , Westfield
Subdivision located in the Northwest Quarter of Section 34 ,
Township 7 North, Range 69 West of the 6th Principal Meridian, City
of Fort Collins, Larimer County, Colorado, being more particularly
described as follows:
Considering the South line of the Northwest Quarter of said Section
34 as bearing, South 89 *56114" East (recorded as North 89054115"
West on the plat of Westfield Subdivision) and with all bearings
contained herein relative thereto:
Commencing at .the West Quarter corner of said Section 34 ; thence
along the South line of the Northwest Quarter of said Section 34 ,
South 89056'14" East, 30. 00 feet to the East line of Taft Hill Road
and the POINT OF BEGINNING: thence along said East line, North
00004101" East, 60. 00 feet; thence, leaving said East line, South
89056114" East, 59 . 75 feet to a point on a non-tangent curve
concave to the South having a central angle of 04034 ' 5311 , a radius
of 1880 . 76 feet and the chord of which bears South 87053118" East,
150. 35 feet; thence along the arc of said curve, 150 . 39 feet to a
point on a line 50 feet West of the East line of Lot 51 Block 2,
Westfield Subdivision; thence along said line, South 00004101"
West, 54 . 62 feet, to a point on the South line of said Northwest
Quarter; thence along said South line, North 89056' 14" West, 210. 00
feet to the Point of Beginning.
The above tract of land contains 0. 283 acres and is subject to all
easements and rights-of-way now on record or existing.
10/12/94
1434-013 .al
Denver 3=458-5526
Page 7 of 11
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INC.
Engineering Consultants
209 S. Meldrum
Fort Collins,Colorado 80521
3031482.5922
FAX:3031482-6368
DESCRIPTION FOR A SLOPE EASEMENT (SANDERS PROPERTY) :
A slope easement being a portion of Lot 5, Block 2 , Westfield
Subdivision located in the Northwest Quarter of Section 34,
Township 7 North, Range 69 West of the 6th Principal Meridian, City
of Fort Collins, Larimer County, Colorado, being more particularly
described as follows:
Considering the South line of the Northwest Quarter of said Section
34 as bearing, South 89056 / 1411 East (recorded as North 89054fl51'
West on the plat of Westfield Subdivision ) and with all bearings
contained herein relative thereto:
Commencing at the West Quarter corner of said Section 34 ; thence
along the South line of the Northwest Quarter of said Section 34 ,
South 89056/14/1 East, 30. 00 feet to the East line of Taft Hill
Road; thence along said East line, North 00004 ' O1" East, 60. 00
feet; thence, leaving said East line, South 89056 / 1411 East, 20 . 00
feet to the POINT OF BEGINNING; thence; North 00004 '0111 East, 20 . 00
feet; thence, South 89°56'14" East, 39 . 66 feet to a point on a non-
tangent curve concave to the South having a central angle of
04032fO9" , a radius of 1900 . 76 feet and the chord of which bears
South 87054f39" East, 150 . 43 feet; thence along the arc of said
curve, 150. 47 feet to a point on a line 50 feet West of the East
line of lot 5, Block 2 , Westfield Subdivision; thence along said
line, South 00004 'O1" West, 20. 06 feet to a point on a non-tangent
curve concave to the South, having a central angle of 04034'5311 , a
radius of 1880. 76 feet and the chord of which bears North 87153118"
West, 150 . 35 feet; thence, along the arc of said curve, 150 . 39
feet; thence, North 89056' 14" West, 39 . 75 feet to the Point of
Beginning.
The above described easement contains 0 . 0942 acres and is subject
to all easements and rights-of-way now on record or existing.
10/12/94
1434-013 . a2
Denver 3=458-5526
Page 8 of 11
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T3DINC.
Engineering Consultants
209 S.Meldrum
Fort Collins,Colorado 80521
303/482-5922
FAX:303/482-6368
DESCRIPTION FOR TAFT HILL ROAD R.O.W. (SAPP PROPERTY) :
A tract of land being a portion of Lots 1 and 2 , Block 2 , Westfield
Subdivision, located in the Northwest Quarter of Section 34 ,
Township 7 North, Range 69 West of the 6th Principal Meridian, City
of Fort Collins, Larimer County, Colorado, being more particularly
described as follows:
Considering the South line of the Northwest Quarter of said Section
34 as bearing, South 89056 ' 14" East (recorded as North 89054115"
West on the plat of Westfield Subdivision) and with all bearings
contained herein relative thereto:
Commencing at the West Quarter corner of said Section 34 ; thence
along the South line of the Northwest Quarter of said Section 34 ,
South 8905611411 East, 30 . 00 feet to the East line of Taft Hill
Road; thence along said East line, North 00004 ' 01" East, 345 . 05
feet to the POINT OF BEGINNING; thence, continuing along said East
line, North 00004 ' 01" East, 214 . 98 feet to a point on a curve
concave to the Southeast having a central angle of 90°05' 20" , a
radius of 15 . 00 feet and the chord of which bears North 4500614111
East, 21 . 23 feet; thence, along the arc of said curve, 23 . 59 feet
to a point on the North line of Lot 1, Block 2 , Westfield
Subdivision; thence, along said North line, South 8905013911 East,
4 . 98 feet; thence, leaving said North line, South 00004 ' Ol" West,
229 . 97 feet to the South line of said Lot 2 ; thence, along said
South line, North 89055' 59" West, 20 . 00 feet to the POINT OF
BEGINNING.
The above tract of land contains 0 . 104 acres and is subject to all
easements and rights-of-way now on record or existing.
10/12/94
1434013 . d1
Denver303/458-5526
Page 10 of 11
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