HomeMy WebLinkAbout1978-045-05/09/1978-AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF A TWENTY FOOT PERMANENT UTILITY EASEMEN w
Not Aacp+ed
5-9-78
RESOLUTION 78-45
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN
PROCEEDINGS OF A TWENTY FOOT PERMANENT UTILITY
EASEMENT AND A FIFTY FOOT TEMPORARY CONSTRUCTION
EASEMENT ON, OVER, AND ACROSS CERTAIN LANDS IN
THE CITY OF FORT COLLINS
WHEREAS, t City of Fort Collins desires to acquire a right of way
and utility easem t over certain lands hereinafter described for the
purpose of constru ting a sewer line, and
WHEREAS, the C ty has attempted to negotiate the acquisition of such
right of way and util tY easement with the owner of the lands, but has been
unsuccessful in such n otiations, and it appears it will be necessary to
acquire such right of and utility easement through proceedings in eminant
domain
NOW, THEREFORE, BE I RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS
Section 1 The City C uncil hereby finds and determines that it is
necessary that the City of Fo t Collins acquire a right of way and utility
easement over and across certa n lands more particularly described as follows
A 20 foot permanent utili easement and a 50 foot temporary con-
struction easement on, ove and across that portion of the South
Half of the Northwest Quart of Section 24, Township 7 North,
Range 69 West of the 6th Pri ipal Meridian, County of Larimer,
State of Colorado as describ in Book 1475, Page 894 on file in
the office of the Clerk and R rder, records of said County
Considering the North line of th South Half og the Northwest
Quarter of said Section 24 as bea ing South 89 56'00" West and with
all bearings contained herein rela ve thereto
Beginning at the Northeast corner of a South Half of the Northwest
Quarter of said Section 24, thence alo g the North line og the South
Half of the Northwest Quarter of said tion 24 South 89 56'00"
West 606 00 feet to the Northeast corner f that certain parcel of
land described in deed recorded in Book 1 5, Page 894, records of
said County, thence along the Easterly line f said described parcel
South 18 54'00" West 46 21 feet to the TRUE INT OF BEGINNING, thence
departing from the Easterly line of saig desc bed parcel South 89
27'54" West 54 89 feet, thence South 33 14'18" est 196 34 feet,
thence South 79 35'06" West 348 59 feet more or ess to a point on
the Westerly line of said described parcel from w ich point the
Northwest corner of said described parcel bears No th 00 04'05" West
270 86 feet, said point being the Westerly terminus f said line,
said 50 foot temporary construction easement shall b 25 feet each
side measured at right angles and parallel with the f lowing described
centerline The side lines of said easement shall be olonged or
foreshortened so as to terminate on the Easterly and We terly lines
of said described parcel
Considering the North line of the South Half og the Northwest
Quarter of said Section 24 as bearing South 89 56'00" West and
with all bearings contained herein relative thereto
Beginning at the Northeast corner of the South Half of the North-
west Quarter of said Section 24, thence along the North line of
thS South Half of the Northwest Quarter of said Section 24 South
89 56'00" West 606 00 feet to the Northeast corner of that certain
parcel of land described in deed recorded in Book 1475, Page 894
records of said County, thence along the Easterly line of said
described parcel South 18 54'00" West 46 21 feet to the TRUE POINT
OF BEGINNING, thence departing from sai$ Easterly line South 89
27'64" West 54 29 feet, thence South 33 14'18" West 196 34 feet,
thence South 79 35'06" West 348 59 feet to a point on the Westerly
line of said described parcel from whit$ point the Northwest corner
of said described parcel bears North 00 04'05" West 270 86 feet,
said point being the Westerly terminus of said line
Beginning at the Northeast corner of said Subdivision, thence along
the North line of said Subdivision South 89 56'00" West 119 40 feet
to the Northwesterly corner of said Subdivision, thence along the
West line of said Subdivision South 18 54'00" West 46 21 feet to
the TRUE POINT OF BEGINNING, thence departing from said West line
North 89°27'54" East 44 23 feet more or less to a point on the
Westerly right-of-way line of Busch Court, said point being on a
cuSve concave to the Southwest having a total central angle of
90 00'00" and a radios of 15 00 feet, a radial line through said
point bears North 83 34'20" East, said point being the Easterly
terminus of said line, said temporary construction easement shall
be 25 feet each side measured at right angles and parallel with the
following described centerline The side lines of said easement
shall be prolonged or foreshortened so as to terminate on the
Westerly right-of-way line of Busch Court and on the Westerly line
of said Subdivision
Beginning at the Northeast corner of said Subdivision, thence along
the North line of said Subdivision South 89 56'00" West 119 40 feet
to the Northwesterly corner of said Subdivision, thence along the
West line of said Subdivision South 18 54'00" West 46 21 feet to
the TRUE POINT OF BEGINNING, thence departing from said West Tine
North 89°27'54" East 44 23 feet more or less to a point on the Westerly
right-of-way line of Busch Court, said point being on a &urve con-
cave to the Southwest having a total central angle of 90 00'00" and
a Sadius of 15 00 feet, a radial line through said point bears North
83 34'20" East, said point being the Easterly terminus of said line
to be used for the construction, installation and maintenance of a sewer utility
Section 2 The City Council hereby finds and determines that it is not
possible to acquire such right-of-way by negotiation with the owner of the
lands and, therefore, authorizes the City Attorney and other proper officials
of the City to acquire such right-of-way for the City by eminent domain
proceedings
Passed and adopted at a special meeting of the City Council held this
9th day of may A D 1978
yor
ATTEST
City Clerk
-2-