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HomeMy WebLinkAbout1979-005-01/16/1979-AUTHORIZING NEGOTIATION FOR PROPERTY AND RIGHTS IN ORDER TO RELOCATE A PORTION OF THE NEW MERCER DIT RESOLUTION 79-5 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING NEGOTIATION FOR PROPERTY AND RIGHTS IN ORDER TO RELOCATE A PORTION OF THE NEW MERCER DITCH AND PROCEEDINGS IN EMINENT DOMAIN IF SUCH PROPERTY AND RIGHTS CANNOT BE ACQUIRED BY NEGOTIATION ' WHEREAS, the owners of property in the City of Fort Collins described as follows: A. tract of land in the SE 1/4 of Section 35, Township 7 North, Range 69 West of the 6th P.M. , Larimer County, Colorado, which begins at a point on the West right of way line of College Avenue which is N 89*47104" W 48 feet from the East 1/4 corner of said Section 35, thence along said College Avenue right of way S 00037'52" E 145 feet; thence continuing along said right of way S 00013108" W 1677.72 feet, thence leaving said right of way N 89*57120" W 279.25 feet, thence S 00*02100" W 291.95 feet, thence N 89*53113" W 669.15 feet, thence N O1006124" E 4.98 feet, thence S 88*53136" E 67 feet, thence N O1006124" E 85 feet, thence N 88053136" W 67 feet to the right of way of the Colorado and Southern Railway Company, thence N O1*06124" E 2026 94 feet to the North line of the Southeast 1/4 of said Section 35, thence along said North line S 89047104" E 912 50 feet, more or less, to the point of begging; are developing said property as a commercial subdivision development in the City; and WHEREAS, said owners have submitted a subdivision plat for said property to the City for approval, designating said property as Fossil Creek Commercial Plaza Subdivision, and WHEREAS, said property as it now exists is crossed by the ditch of the New Mercer Ditch Company which meanders through said property; and WHEREAS, one requirement which have been made by the City Council as a condition to its approval of said subdivision plat is that such ditch be relocated at the owners' expense, and WHEREAS, said ditch relocation is necessary in order to avoid the necessity of bridges and bridge maintenance expense for streets crossing said ditch and also in order to properly lay out and develop the property for its intended uses, and WHEREAS, the most reasonable and efficient place to relocate said ditch is along and adjoining the west side of the Colorado and Southern Railway Company right-of-way, which right-of-way adjoins the property on the west, and WHEREAS, the owners of the subdivision have, at their expense, had engineers prepare plans and details for the ditch relocation to such place, and such plans and details have been submitted to the City Engineer' s office and approved; and WHEREAS, the owners of said subdivision own a portion of said property which will be needed to relocate the ditch but other property that will be required for such purpose is owned by others, and WHEREAS, said owners have attempted by negotiations to acquire the additional land necessary for such relocation and have also attempted to obtain an agreement from the New Mercer Ditch Company permitting to relocation of the ditch, all of such attempts to negotiate the necessary land acquisi- tion and agreement to relocate the ditch have failed, and WHEREAS, said owners have requested that the City of Fort Collins acquire the necessary property for the ditch relocation and the right to relocate the ditch and have agreed to pay all acquisition costs and any expenses incurred in such acquisitions NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS. Section 1 The City Council hereby finds and determines that the relocation of the New Mercer Ditch as described above is in the public interest, the same having been required by the City as a condition to the development of the property encompassed within the Fossil Creek Commercial Plaza Subdivi- sion, and such relocation being required in order to properly establish streets and utilities and to properly lay out the property for development Section 2. The City Administration is directed to attempt to negotiate acquisition of land and other rights required in order to accomplish the ditch relocation in accordance with the findings above If acquisition of such property and rights cannot be so negotiated, the City Council directs that the same be acquired by eminent domain. -2- Section 3. All property to be acquired shall be at the expense of the owners of the Fossil Creek Commercial Plaza Subdivision and such owners shall pay all expense incurred in acquiring the same. The use of special counsel for the City to negotiate and to handleproceedings in eminent domain is authorized by the City Council, provided all costs of the same be paid by said owners. Passed and adopted at a regular m ng of the City Council held this 16th day of January, 1979 Ma r Amwr-ST: CiyCer Olk -3-