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HomeMy WebLinkAbout1997-052-04/01/1997-AMENDING RESOLUTION 1996-018 AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS RESOLUTION 97-52 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING RESOLUTION 96-18 AUTHORIZING ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS NECESSARY FOR THE CONSTRUCTION OF THE COLLEGE/DRAKE INTERSECTION IMPROVEMENTS WHEREAS,the Council has previously adopted Resolutions 96-18 and Resolution 96-45, authorizing acquisition by eminent domain proceedings of certain lands necessary for the construction of the College/Intersection Project; and WHEREAS,since the time of adoption of Resolutions 96-18 and 96-45, staff has determined that an electrical vault required for the Project must be located two feet to the east of its originally planned location; and WHEREAS, as a result of said vault relocation the City must acquire a utility easement over the property two feet to the east of the previously described easement; and WHEREAS, it is necessary for the City to acquire the property hereinafter described for the purpose of construction of utilities in connection with the Project; and WHEREAS,the City has negotiated in good faith for the acquisition of said property from the owners thereof, which negotiations have been unsuccessful; and WHEREAS, the acquisition of the identified 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 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", which is incorporated herein by this reference, for the purpose of constructing utilities and related improvements for the Project,which property is to be acquired in lieu of the property identified as "the Eskin Permanent Utility Easement' in Resolutions 96-18 and 96-45. Section 2. That Resolution 96-18,as previously amended by Resolution 96-45,is hereby further amended so as to substitute the attached Exhibit "A" in lieu of pages 26 through 30 of the previous Exhibit "A" to said Resolution, and in lieu of Exhibit `B", as previously added by Resolution 96-45, which Exhibit`B"is hereby deleted. Section 3. That the eminent domain authority previously granted in Resolutions 96-18 and 96-45 be otherwise unaltered and remain in full force and effect, as amended hereby. Passed and adopted at a regular meeting of the City Councilhel�this 1 st day of.Agril, A.D. 1997. or 61/ ATTEST: 4"k' 0 City Clerk \ EXHIBIT "FEE" Page .1 of 2 DESCRIPTION OF THE ESRIN FEE SIMPLE A tract of land located in the Northwest quarter of Section 25, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said tract is a portion of that certain tract of land described in a Quit Claim Deed dated November 30, 1993 and recorded at Reception No. 93092583 records of the Clerk and Recorder of the said Larimer County, the said tract is also a portion of Lot 1 Block 1 of the Plat of Thunderbird Estates First Subdivision, a plat of record with the said Clerk and Recorder, more particularly described as follows; Commencing at the northwest corner of the said Lot 1 Block .1 Thunderbird Estates First Subdivision; THENCE along the north line of the said Lot 1 Block 1, Nor%h 89 degrees 51 minutes 08 seconds East for a distance of 25.00 feet to the east line of the west 25.00 feet of the said Lot 1 Block 1 and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said north line, North 89 degrees 51 minutes 08 seconds East for a distance of 99.93 feet; THENCE continuing along the said north line, along a curve to the right having a radius of 15.00 feet a central angle of 70 degrees 16 minutes 30 seconds and an are length of 18 .40 feet, being subtended by a chord of South 55 degrees 00 minutes 37 seconds East for a distance of 17.27 feet; THENCE leaving the said north line along a non-tangent curve to the left having a radius of 15.00 feet a central angle of 29 degrees 26 minutes 37 seconds and an arc length of 7.71 feet, being subtended by a chord of North 75 degrees 25 minutes 34 seconds West for a distance of 7.62 feet; THENCE South 89 degrees 51 minutes 08 seconds West for a distance of 106.71 feet to the said east line of the west 25.00 feet of Lot 1 Block 1; THENCE along the said east line, North 00 degrees 05 minutes 46 seconds East for a distance of 8.00 feet to the point of beginning. Containing 879 square feet 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 is based upon previously recorded plats and deeds and not upon -a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 EXHIBIT 1 A REVISED LOCATION SKETCH - ESKIN NOTE: THIS SKETCH AND THE AREAS Z SHOWN DEPICT THE ATTACHED H AR VARD ST. PROPERTY DESCRIPTION ONLY, AND DO NOT REPRESENT A ARC-5.23' MONUMENTED BOUNDARY SURVEY. R-15.00' N T S ARC-18.40' 0.43' 'OB-W — — — — — — .43 _ SEPTEMBER 24, 1996 R-15.00' ARC-7.71' R-15.00' FEE SIMPLE TEMP.CONST. ESM'T. 879 SO.FT. 855 SO. FT. a69�y�3 ai o o �ottnyy� m Q M q m PERMANENT UTILITY ESM'T. ,p f- 40 SO. FT. .� (n w m 5" ` m PERMANENT v UTILITY ESM'T. 25 SO. FT. POB 8.00' 7.50' W NOOTI5'46'E gg og I mN 2 NW CORNER LOT 1, BLOCK 1 T-BIRD, FIRST SUB. m.o.o DESCRIPTION OF THE REVISED ESKIN PERMANENT UTILITY EASEMENTS Two Permanent Utility Easements located in the Northwest quarter of Section 25, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said Permanent Utility Easements are a portion of that certain tract of land described in a Quit Claim Deed dated November 30, 1993 and recorded at Reception No. 93092583 records of the Clerk and Recorder of the said Larimer County, the said Permanent Utility Easements are also a portion of Lot 1 Block 1 of the Plat of Thunderbird Estates First Subdivision, a plat of record with the said Clerk and Recorder, more particularly described as follows; Commencing at the northwest corner of the said Lot 1 Block 1 Thunderbird Estates First Subdivision; THENCE along the north line of the said Lot 1 Block 1, North 89 degrees 51 minutes 08 seconds East for a distance of 25.00 feet to the east line of the West 25.00 feet of the said Lot 1 Block 1; THENCE along the said east line, South 00 degrees 05 minutes 46 seconds West for a distance of 8.00 feet to the south line of the proposed fee simple tract to be deeded to the said City of Fort Collins and to the TRUE POINT OF BEGINNING of this description; THENCE along the said south line North 89 degrees 51 minutes 08 seconds East for a distance of 5.00 feet; THENCE leaving the said south line, South 00 degrees 08 minutes 52 seconds East for a distance of 5. 02 feet; THENCE North 89 degrees 54 minutes 14 seconds West for a distance of 5.02 feet to the said east line of the west 25. 00 feet of Lot 1 Block 1; THENCE along the said east line, North 00 degrees 05 minutes 46 seconds East for a distance of 5.00 feet to the point of beginning. Containing 25 square feet more or less. TOGETHER WITH: Commencing at the said northwest corner of Lot 1 Block 1 Thunderbird Estates First Subdivision; THENCE along the north line of the said Lot 1 Block 1, North 89 degrees 51 minutes 08 seconds East for a distance of 25.00 feet to the east line of the west 25. 00 feet of the said Lot 1 Block 1; THENCE along the said east line, South 00 degrees 05 minutes 46 seconds West for a distance of 8. 00 feet to the south line of the proposed fee simple tract to be deeded to the said City of Fort Collins; THENCE along the said proposed south line, North 89 degrees 51 minutes 08 seconds East for a distance of 27.39 feet to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said proposed south line, North 89 degrees 51 minutes 08 seconds East for a distance of 8.00 feet; THENCE leaving the said proposed south line, South 00 degrees 08 minutes 52 seconds East for a distance of 5. 00 feet; 1 OF 2 THENCE South 89 degrees 51 minutes 08 seconds West for a distance of 8.00 feet; THENCE North 00 degrees 08 minutes 52 seconds West for a distance of 5.00 feet to the point of beginning. Containing 40 square feet more or less. The above described easements 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. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 2 of 2 • EXHIBIT 'TCE' • - Page 1 of 2 DESCRIPTION OF THE ESXIN TEMPORARY CONSTRUCTION EASEMENT A Temporary Construction Easement located in the Northwest. quarter of Section 25, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, the said Temporary Construction Easement is a portion of that certain tract of land described in a Quit Claim Deed dated November 30, 1993 and recorded at Reception No. 93092583 records of the Clerk and Recorder of the said Larimer County, the said Temporary Construction Easement is also a portion of Lot 1 Block l .of the Plat of Thunderbird Estates First Subdivision, a plat of record with the said Clerk and Recorder, more particularly described as follows; Commencing at the northwest corner of the said Lot 1 Block it Thunderbird Estates First Subdivision; THENCE along the north line of the said Lot 1 Block 1, North 89 degrees 51 minutes 08 seconds East for a distance of 25.00 feet to the east line of the west 25.00 feet of the said Lot 1 Block 1; THENCE along the said east line, South 00 degrees 05 minutes 46 seconds West for a distance of 8.00 feet to the south line of the proposed fee simple tract to be deeded to the said City of Fort Collins and to the TRUE POINT OF BEGINNING of this description; THENCE along the said south line of the proposed tract, North 89 degrees 51 minutes 08 seconds East for a distance of 106.71 feet; TM210E continuing along the said proposed south line, along a curve to the right having a radius of 15.00 feet a central angle of 29 degrees 26 minutes 37 seconds and an arc length of 7.71 feet, being subtended by a chord of South 75 degrees . 25 minutes 34 seconds East for a distance of 1.62 feet to the east line of the said Lot 1 Block 1; THENCE along the said south line and along the said east line of Lot 1 'Block 1 and along a non-tangent curve to the right having a radius of 15.00 feet a central angle of 19 degrees 58 minutes 30 seconds and an arc length of 5.23 feet, being subtended by a chord of South 09 degrees 53 minutes 07 seconds East for a distance of 5.20 feet; THENCE continuing along the said east line of Lot 1 Block 1, South 00 degrees 06 minutes 08 seconds West for a distance of 0.43 feet; .THENCE leaving the said east line, South 89 degrees 51 minutes OS seconds West for a distance of 114.99 feet to the said east line of the west 25..00 feat of Lot 1 Block 'i; THENCE along the said east line, North 00 degrees 05 minutes 46 seconds East for a distance of 7.50 feet to the point of beginning. Containing 855 square feet more or less. The above described tract is subject to all easements and rights of ways now existing or of record. 1 EXHIBIT 'TCE' Page 2 of 2 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. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 •Z 2 an '