The URL can be used to link to this page

Home My WebLink About1979-041-04/17/1979-AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN PROCEEDINGS OF CERTAIN LANDS LOCATED IN LARIMER COUNTY r RESOLUTION 79-41 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 THE PURPOSE OF EXTENDING LEMAY AVENUE WHEREAS, the City of Fort Collins desires to acquire certain lands, rights-of-way, and construction easements hereinafter described for the purpose of establishing an arterial roadway known as the Lemay Avenue Extension to be situated in Larimer County, State of Colorado, and WHEREAS, the City has attempted to negotiate the acquisition of said properties, rights-of-way, and construction easements from the owner of said lands, but has been unsuccessful in persuading said owner to sell these properties, rights-of-way, and construction easements at their appraised values, and it appears it may be necessary to acquire such rights-of-way 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, rights-of- way, and construction easements over and across certain lands more parti- cularly described on Exhibit °A,° attached hereto, said properties to be used for the extension of Lemay Avenue between Riverside and Lincoln Avenues in Larimer County, State of Colorado, a necessary and proper public project in accordance with the transportation plans of the City of Fort Collins Section 2 That the City Council hereby finds and determines that it is not possible to acquire such rights-of-way by negotiation with the owner of the lands and, therefore, authorizes the City Attorney and the other proper officials of the City to acquire such rights-of-way for the City by eminent domain proceedings Section 3 That prior to the institution of eminent domain proceed- ings, however, the Council hereby directs the City Attorney to offer the landowner, in a demonstrated effort of good faith, an amount not to exceed five percent (5%) in excess of the appraised value of the subject property, to-wit• THREE HUNDRED THOUSAND DOLLARS ($300,000) and reasonable curb cuts from the Lemay Avenue Extension to the subject property as determined by the City Engineer In the event said offer is refused, the City Attorney is directed forthwith to acquire said property by eminent domain proceedings Passed and adopted at regular meeting of the City Council held this 17th day of April, A.D. 1979 AT ayor ity C erc L -2- MEMORANDUM AGREEMENT OF SALE AND PURCHASE THIS AGREEMENT, made and entered into this day of , 1979, by and between S & F AGENCY CO , a Colorado Corporation, herein- after referred to as "the Seller," and THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as "the Purchaser " WITNESSETH 1 Under the threat of the exercise of proceedings in Eminent Domain, the Seller agrees to convey to the Purchaser fee title, rights-of-way, and temporary construction easements over, under and across those certain properties described in Exhibit "A" attached hereto 2 Seller agrees to convey said property to Purchaser by good and sufficient warranty deed, free and clear of all liens and encumbrances The Seller agrees to furnish to the Purchaser at Purchaser's expense, a commitment for a title insurance policy in the amount of the purchase price, showing such marketable title, and after closing to furnish the title policy 3 As the full purchase price therefor, the Purchaser agrees to pay to the Seller a sum computed as follows THREE HUNDRED THOUSAND DOLLARS ($300,000) Such amount shall be paid as follows The sum of NINETEEN THOUSAND DOLLARS ($19,000) at closing The sum of TWO HUNDRED EIGHTY-ONE THOUSAND DOLLARS ($281 ,000) on or before June 10, 1979 4 Closing of the within transaction shall be held on or before the loth day of May, 1979, at 10 00 a m , at the office of the City Attorney, New Municipal Building, 300 LaPorte Avenue, Fort Collins, Colorado, 80521. At the time of closing, all taxes and assessments against the property for previous years shall be paid, and in addition, taxes and assessments for the current year up to April 18, 1979 shall be paid by the Seller 5 Possession of the premises shall be given to the Purchaser on April 18, 1979 6 Upon the construction of the Lemay Avenue Extension, the Seller shall be granted the following curb cuts to the subject property, and no others A Between Mulberry and Lincoln Avenue East 2 cuts* West 1 cut plus farm access * No more than one (1 ) aligned cut (East and West). Aligned cut may not be within one thou- sand (1,000) feet of either Mulberry or Lincoln Avenue B Between Mulberry Street and Riverside Avenue Access from east and west of Lemay Avenue at point of realignment 7 Any notices required or desired to be given under this Agreement shall be deemed delivered if given personally to the party, or if mailed to the other party at the following address Seller S & F Agency, Co 1240 East Mulberry Fort Collins, CO 80521 Purchaser City of Fort Collins, Colorado Post Office Box 580 Fort Collins, CO 80522 Any notices mailed shall be sent Certified Mail, Return Receipt Requested, postage prepaid and shall be deemed delivered three (3) days after deposit in the mail 8 If either party defaults in the performance required of such party under this Agreement, then the party in default agrees to pay all reason- able attorney fees and other costs incurred by the party not in default in enforcing rights and obligations under this Agreement. 9 Time is of the essence of this Agreement, and if the Purchaser fails to make any payment required hereunder within the time herein speci- fied, then at the option of the Seller, this Agreement shall be null and void and of no effect whatsoever, and the Seller shall retain all payments made by the Purchaser therefor as liquidated damages, and all further rights and liabilities hereunder shall be at an end provided, however, that nothing herein shall prevent the specific performance of this Agreement by either party not in default hereunder 10 The Seller acknowledges and agrees that this Memorandum Agreement of Sale and Purchase must be approved by the Council of the City of Fort -2- Collins Accordingly, the Seller agrees that for a period of not more than one (1) day after execution of this Agreement by the Seller, this Agreement shall constitute the Seller's irrevocable offer to sell the property described herein to the City of Fort Collins in accordance with the terms and conditions set forth in this Agreement In the event, this Agreement is not accepted by the City of Fort Collins within the aforementioned one (1) day, it shall be null and void and of no further force and effect 11 This Agreement shall be binding upon the parties hereto, their heirs, personal representatives, successors and assigns IN WITNESS WHEREOF, the parties hereto have signed this Agreement the day and year first above written S & F AGENCY CO A Colorado Corporation By. ATTEST Alice S Fisher, President Harold S isher, Secretary (CORPORATE SEAL) CITY OF FORT COLLINS, COLORADO A Municipal Corporation By ATTEST Charles D Bowling, Mayor City Clerk -3- EXHIBIT "A" FEE TITLE Commencing at the Northwest corner of Section 18 , T-7-N, R-68-W of the 6th P M. and considering the West line of Section 18 as bearing S 8022155" W and with all bearings herein relative thereto; thence S 0 22' 55' W with the West line of Section 18 1320 02 feet to the Northwest 1/16 corner of Section 18; thence following the 1/16 line N 89 02158" E 5 01 feet to a point on LeMay Avenue centerline; thence N 14 49' 48" E 145 87 feet with the centerline of LeMay Ave to the point of beginning, said point being on the North right-of-way line of the Colorado and Southern Railroad; thence along said right-of-way line S 52 38125" E 54.13 feet; thence N 1449 ' 48" E 240. 98 feet; thence S 750 10 ' 12" E 80.00 feet, thence along the arc of a curve to the right 188.50 feet, said curve having a radius of 120 feet and a chord bearing S 30010112" E 169 71 feet, thence S 14 49148" W 83 00 feet; thence along the arc of a curve to the left 89.93 feet to a point on the 1/16 line of said Section 18, said curve having a radius of 180 feet and a chord bearing S 0031101" W 89 00 feet, thence along said 1/16 line N 89002155" E 62 36 feet; thence along the arc of a curve to the right 73 85 feet, said curve having a radius of 190 feet and a chord bearing N 2048101" W 72. 69 feet, thence N 14 49' 48" E 83 00 feet; thence along the arc of a curve to the left 282 74 feet, said curve having a radius of 180 feet and a chord bearing N 30°10 ' 12" W 254 56 feet, thence N 75010' 12" W 80 00 feet, thence N 20007 '12" E 271 15 feet; thence N 140 49148" E 235 80 feet to a point on the South line of the property recorded in book 1382 page 818 of the Larimer County records; thence N 84059105" W 117.74 feet, thence S 88054' 55" W 35 33 feet, thence S 14049148" W 206 04 feet, thence S 11042128" W 275 41 feet; thence S 75010112" E 10 00 feet, thence S 14049 ' 48" W 254 26 feet to a point on the North right-of-way line of the Colorado and Southern Railroad, thence along said right-of-way S 51 03109" E 8 11 feet, thence continuing along said right-of-way line S 52 38125" E 46.11 feet to the point of beginning and containing 2 879 acres more or less AND ALSO A tract of land in the SW < of Section 7, Township 7 North, Range 68 West of the Sixth Principal Meridian in Larimer County, State of Colorado, more particularly described as follows A 100 foot wide parcel with centerline described as follows EXHIBIT "A" - PAGE TW ` Beginning at a point on the Northerly RigAt of Way line of State Highway 814, which point bears N 00 43'00" E 75 00 feet and again S 89 38 ' 00" E, and with all bearings contained herein relative thereto, a distance of 277 37 feet from the Northwest corner of Section 18, Township 7 North, Range 68 West. Thence N 1056' 06"E a distanceof 1743 95 feet; Thence along the arc of a curve to the left having a radius of 980 93 feet and a central angle of 25 41155" , a distance gf 439.97 feet (The chord of this arc bears N 10 54151" W, a distance of 436.29 feet) ; Thence N23045149" W a distance of 240 21 feet to the point of terminus Said tract contains 5 57 acres more or less. AND ALSO A tract of land in the SWh of Section 7, Township 7 North, Range 68 West of the Sixth Principal Meridian in Larimer County, State of Colorado, more particularly described as follows A parcel 50 feet each side of a line described as follows- Beginning at a point which bears S 37025107" E a distance of 205 49 feet from the East h corner of Section 12; thence N 23045149" W a distance of 93 17 feet, From this point the parcel extends 50 feet left and 60 feet right of a line along the arc of a curve to the right having a radius of 980.93 feet, a central angle of 2029152" , a distance of 42 76 feet, (chord of this arc bears N 22030153" W a distance of 42 76 feet) to the point of terminus Said point being on the southerly right of way line on Lincoln Avenue. Said tract contains . 32 acres more or less SLOPE EASEMENTS A parcel of land lying in the SW a of Section 71 Township 7 North, Range 68 West of the 6th Principal Meridian in Larimer County, State of Colorado, more particularly described as follows Considering �he North right of way line of State Highway 14 as bearing S 89 38' 00" E and with all bearings herein relative thereto Beginning a8 a point on said Northerly right of way line which bears N 00 43100" E 75 00 feet and again S 89038' 00" EXHIBIT "A" - PAGE THREE E 277. 37 feet from the Northwest corner of Section 18, Township 7 North, Range 68 West of the 6th P M. , said point being on the centerline of LeMay Avenue at Station 24 + 32.30. Said parcel being 5 feet wide adjacent to and parallel with the west right of way line of LeMay Avenue from Station 24 + 32. 30 to Station 27 + 00. Said parcel contains .031 acres more or less. AND ALSO A parcel of land lying in the SW 4 of Section 7, Township 7 North, Range 68 West of the 6th Prinicipal Meridian in Larimer County, State of Colorado, more particularly described as follows Considering the north right of way line of State Highway 14 as bearing S 89°38' 00" E and with all bearings herein relative thereto, Beginning at a point on said northerly right of way line which bears N 00043100" E 75 00 feet and again S 89038' 00" E 277.37 feet from the southwest corner of Section 7, Township 7 North, Range 68 West of the 6th P M , said point being on the centerline of LeMay Avenue at Station 24 + 32. 30, Said parcel being 10 feet wide, adjacent to and parallel with the east right of way line of LeMay Avenue from Station 24 + 32 30 to Station 26 + 40. Said parcel contains 0 048 acres more or less (Slope Easement #5) AND ALSO A parcel of land lying in the NW 4 NW4 Section 18, T-7-N, R-68-W of the 6th P M and the NE4 NE4 of Section 13, T-7-N, R-69-W of the 6th P M. , described as follows Said parcel being 10 feet wide, adjacent to and parallel with the west right of way line of LeMay Avenue from the north right of way line of the Colorado and Southern Railroad to Station 14 + 00 on centerline of LeMay Avenue. Said parcel contains 0.053 acres more or less. Also a parcel of land lying in the NW4 NW4 Section 18, T-7-N, R-68-W of the 6th P M Said parcel being 20 feet wide, adjacent to and parallel with the west right of way line of LeMay Avenue from centerline Station 15 + 75 to centerline Station 17 + 15 Said parcel contains 0 064 acres more or less EXHIBIT "A" - PAGE FOUR Also a parcel of land lying in the NWh NW; Section 18 , T-7-N, R-68-W of the 6th P.M Said parcel being 20 feet wide, adjacent to and parallel with the east right of way line of LeMay Avenue from centerline Station 15 + 40 to centerline Station 17 + 15. Said parcel contains 0.081 acres more or less (Slope Easements #2,3 & 4) TEMPORARY CONSTRUCTION EASEMENTS A parcel of land lying in the NWh NWh of Section 18, T-7-N, R-68-W of the 6th P.M. described as follows. Considering the west line of the NWh gf Section 18, T-7-N, R-68-W of the 6th P.M. as bearing S 0 22155" W and with all bearings herein relative thereto, commencding at a point on the centerline of LeMay Avenue which bears S 0 08' 30" E, 1293.52 feet from the NA corner of said Section ;8, said point being P.O.T. station 10 + 31 20; thence N 14 49148" E 368.80 feet along the centerline to a P.O.T. station 14 + 00, thence N 75010112" W 50 feet to the true point of beginning; Thence N 79010 ' 12" W 10 00 feet, Thence N 5 80' 56" E 177 25 feet, Thence S 75 10112" E 20 00 feet, Thence S 11042129" W 150 22 feet, Thence S 75010 ' 12" E 10.00 feet; Thence S 1449148" W 25 00 feet to the true point of beginning Said parcel contains 0.021 acres more or less. Also a parcel of land 15 00 feet wide, adjacent to and parallel with the east right-of-way line of LeMay Avenue from the north right-of-way line of the Access Road at centerline station 14 + 30 to centerline station 15 + 40 on LeMay Avenue Said parcel contains 0 038 acres (Construction Easement #3 & 4) AND ALSO A parcel of land lying in the SW; of Section 7, Township 7 North, Range 68 West of the 6th Principal Meridian in Larimer County, State of Colorado, more particularly described as follows Considering &he north right of way line of State Highway 14 as bearing S 89 38100" E and with all bearings herein relative thereto, beginning $t a point on said northerly right 8f way line which bears N 00 43100" E 75 00 feet and again S 89 38' 00" E 277 37 feet from the southwest corner of Section 7 , Township 7 North, Range 68 West of the 6th P M , said point being on the centerline of LeMay Avenue at station 24 + 32 30, thence N 1056106" E along said centerline 1547 70 feet to station 39 + 80, EXHIBIT "A" - PAGE FIVE Said parcel being 80.00 feet wide, adjacent to and parallel with the east right of way line of LeMay Avenue from station 39 + 80 to station 40 + 50 Said parcel contains 129 acres more or less. Also a parcel of land 35 00 feet wide, adjacent to and parallel with the west right of way line of LeMay Avenue from station 39 + 90 to station 40 + 50. Said parcel contains 0.048 acres more or less. (Construction Easement $5 & 6)