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HomeMy WebLinkAbout1979-071-07/24/1979-AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS LOCATED IN LARIMER COUNTY RESOLUTION 79-71 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS LOCATED IN LARIMER COUNTY, STATE OF COLORADO, FOR UTILIZATION AS A SLUDGE FARM WHEREAS, the City of Fort Collins desires to acquire certain lands hereinafter described for the purpose of establishing a sludge farm to be utilized in conjunction with sewage treatment facilities located in Larimer County, State of Colorado, and WHEREAS, the City has attempted to negotiate the acquisition of said properties from the owner of said lands, but has been unsuccessful in persuading said owner to sell these properties at their appraised values, and it appears it may be necessary to acquire such properties 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 that the City of Fort Collins acquire fee title over and across those certain lands more particularly described in Exhibit A, attached hereto, said properties to be used for a sludge farm, a necessary and proper public project Section 2 That the City Council hereby finds and determines that it is not possible to acquire such properties by negotiations with the owner of the lands and therefore authorizes the City Attorney and other proper officials of the City to acquire such property for the City by eminent domain proceedings Passed and adopted at an adjourned meeting of the City Council held this 24th day of July, A D 1979 o LP, AT T Ma t City Clerk EXHIBIT A Parcel 1 Commencing at the SW corner of the SW 1/4 of Section 22 , Township 7 North, Range 68 West of the 6th P M , thence E 344 2 feet, thence northwesterly along the west line of State Highway to where it intersects with the West line of a section or a point 1555 8 feet north of the point of beginning, thence South 1555 8 feet to beginning Parcel 2 Part of the N 1/2 of the NE 1/4 of Section 28, Township 7 North, Range 68 West of the Sixth P M , beginning at a point 865 22 feet west of the northeast corner, thence S 59032 ' W 1171 44 feet to a point on the northerly bank of the Cache la Poudre River, thence N 02006 ' E 74 30 feet, thence N 19008 ' West 203 33 feet, N 63032 ' W 521 feet, thence N 86008' W 233 40 feet, thence North along the west line of the NE 1/4 to the N 1/4 corner and E along the line of the NE 1/4 to the point of beginning Parcel 3 The SE and E 1/2 of the SW 1/4 of Section 21, Township 7 North, Range 68 West of the Sixth P M , less 3 acre feet of the Box Elder Creek and 5 acre feet of the Cache la Poudre River, NF 1/4 of Section 21, Township 7 North, Range 68 West of the Sixth P M , less 3 acre feet of the Box Elder Ditch, the State Highway and the following books and pages which are on record with the Larimer County Clerk Recorder 1234-330 and 241, 1266-10 and 1275-595