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.
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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
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