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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-