HomeMy WebLinkAbout1997-042-03/18/1997-EMINENT DOMAIN LAND ACQUISITION NORTH LEMAY REDESIGN STREETS CAPITAL PROJECT RESOLUTION 97-42
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION
BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS
FOR STREETS CAPITAL PROJECT -NORTH LEMAY REDESIGN
WHEREAS, the City of Fort Collins desires to acquire certain real property described in
Exhibit "A", attached hereto and incorporated herein by this reference (the "Property"), for the
purpose of constructing the Streets Capital Project -North Lemay Redesign; and
WHEREAS, the City has previously negotiated in good faith for the acquisition of the
Property from the owner thereof, which negotiations have to date been unsuccessful; and
WHEREAS, the acquisition of the Property is desirable and necessary for public use to
enhance the public health, safety and welfare; and
WHEREAS, the acquisition of the Property 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 finds and hereby determines that it is necessary for the
public health, safety and welfare that the City acquire the Property to be used for the purpose of a
the North Lemay Redesign.
Section 2. That the City Council hereby authorizes the City Attorney and other proper
officials of the City to acquire said real property for the City by eminent domain proceedings.
Section 3. That the City Council hereby finds, in the event that the Property is to be
acquired by condemnation, immediate possession of the same is necessary for the public health,
safety and welfare.
Passed and adopted at a regular meeting of the City Coujireil eld this I$tk dayy March,
A.D. 1997. '~
Mayor
t ._
ATTEST:
— lu L�A
City Clerk
Page I of 2
EXHIBIT "AI'
DESCRIPTION OF A PORTION OF THE ROYVAL PROPERTY FOR FUTURE LEMAY
AVENUE ALIGNMENT
A tract of land located in the Northwest Quarter of Section 7,
Township 7 North, Range 68 West of the Sixth Principal Meridian,
Larimer County, Colorado, the said tract is also a portion of that
certain tract of land described in a Warranty Deed dated June 12,
1995 and recorded at Reception No. 95033004 records of the Clerk
and Recorder of the said Larimer County more particularly described
as follows;
Commencing at the northwest corner of the said Section 7;
THENCE along the west line of the said northwest quarter,
South 02 degrees 04 minutes 03 seconds West for a distance of
1650. 00 feet to the westerly prolongation of the south line of the
said tract described at Reception No. 95033004 ;
THENCE along the said prolongated south line and along the
said south line, South 87 degrees 55 minutes 57 seconds East for a
distance of 174. 39 feet to the TRUE POINT OF BEGINNING of this
description;
THENCE continuing along the said south line, South 87 degrees
55 minutes 57 seconds East for a distance of 143 . 61 feet to the
southeast corner of the said tract described at Reception No.
95033004 ;
THENCE along the east line of the said tract, North 02 degrees
04 minutes 03 seconds East for a distance of 191. 28 feet;
THENCE leaving the said east line, South 38 degrees 58 minutes
00 seconds West for a distance of 239 . 19 feet to the point of
beginning. Containing 13735 square feet (0. 315 Acres) more or
less.
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 and areas are based upon previously
recorded plats and deeds and not upon a actual monumented field
survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497 �600MIKI/rq
P.O. BOX 580 FORT COLLINS, CO 80522 ECRA/G �yiG
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EXHIBIT "A" Page 2 Of 2
LOCATION SKETCH - ROYVAL PROPERTY
(FUTURE LEMAY AVE. ALIGNMENT)
N
NOTE:
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
NW CORNER MONUMENTED BOUNDARY SURVEY.
SECTION 7
T7N, R69W I
6TH. P.M. 3
O
D:
NTS
AUGUST 23,1996
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RECEPTION N0. /
o I 95033004 Go' /
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C7 013,7315 S.F. /
RES
TPOB
S87'55'57"E
174.39' 143.61'
FUTURE
N. EMA Y AVE.
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