HomeMy WebLinkAbout1968 Resolution No. 007'•l
RESOLUTION NO. 7, SERIES OF 1968
A RESOLUTION AUTHORIZING AND DIRECTING THE INSTITUTION OF
EMINENT DQitAIN PROCEEDINGS TO ACQUIRE CERTAIN PROPERTY FOR THE CONSTRUC-
TION OF A PIPELINE AND AN ACCESS ROAD FOR INGRESS AND EGRESS DURING
PERIOD OF CONSTRUCTION.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ,ENGLEWOOD as follows:
1. That the City o f En 9 lewo od d o es hereby, pursuant t o statute,
. determin e t u c u nstruct and has auth u r.i:.ce d the constructi 0 n, as a public
work and improvement, o f a pipeline and an access r o ad, for ingress
and e g ress during perio d o f c o nstructi o n, in Grand County, Colorado, as
a p or t ion o f the Ranch Creek Transmountain Diversion Project of said
city . Su c h c o nstruction to be made for the public purpo ::>e of supplying
municipal water to the water wo rks o f this city.
2. That the City Council o f the City of Englewood,pursuant to
statuto ry auth o rity, d o es hereby find and determine that c o nstruction
of afo resaid publDc wo r k s and impr ov ement, c o nsisting in part o f a
pipel i ne and access r o ad, for ing ress and egress during peri o d of
co nstructio n, c o nstitutes a public necessity.
3. That ·the Council further finds and determines that
acquisitio n o f title t o the f o llo wing described real pr o perty is
necessa r y t o permit c o nstructi o n o f said public improv ement c o nsistin ~
of the af o resaid pipeline iand access r o ad, f o r ingress and egress
during perio d of construction, as follows, to-wit:
Ri q ht-o f-way (o r access r o ad lying u n the pr u perty uf J o hn H.
Paulk and Jeanne Sinclair Paulk.
Lying in the N~, NE\
7 5 W of the 6th P.M.
the left and 30 feet
f o llo ws:
of Sectio n 4, Township 1 South, Range
A right-o f-way e x tending ~O feet to
t o the ri g ht o f a line described as
Beginning at a p o int o n the West line of N~ NE • whence
the N \ c o rner o f said Sect i on .4 bears North, l,110.1
feet. Thence along the exist i n g Hamilton Creek road North
69° 27' East, a distance of 52.43 feet,
Thence N 56° 33' E, a distance o f 372.34 feet:
Thence N 75° 19' E, a distance of 222.02 feet:
Thence N 82° 06' E, a distance of 340.22 feet:
Thence S 77° 05' E, a distance o f 254.14 feet:
Thence S 62° 01' E, a distance o f 396.78 feet:
Thence S 84° 05' E, a distance o f 305.23 feet:
Thence s 62° 05' E, a distance o f 359.39 feet:
Thence S 74° 06' E, a distance u f 146.22 feet:
Thence S 49° 48' s;· a distance Of 304. 71 feet:
Thence N 55° 14' E, a distance of 248.91 feet to a p o int
n the East l i ne o f said NE\, whence the NE corner o f said
Sectio n 4 bears North , 1,314.79 feet.
Co ntaining 4.13 acres, mo re o r less.
Right -o f -way f o r pipeline lying on the property of John
H. Paulk and Jeanne Sinclair Paulk.
Lying in the SW \, SW \ of Sectiu n 35, Township 1 North,
Range 7 5 West, right-o f-way described as beg inning at the
8W corner .)f S e ction 3 5 ,
'!'hen~~~ 21•°!· 2:f' .:w·, a ·l:Jiifan~ :.U f 91.5 feet along the wast line
o f Sectio n 3 5 .
Thence S 80° 19' E, a distance o f 561.6 feet ~o a point on
the South line o f said Section,
Thence N 89° 41' W, a distance u f 549.8 feet along said
South line t o the point o f beginning.
Containing 0.58 acrea, mo re or less.
4. That negotiati o ns with the o wners thereo f have been carried
ut and that said nego tiations have failed and the City in unable to
a g ree with the o wners upo n the purchase of said property.
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5. That having made a termination of necessity, and
negotiations haveing failed, the institution of eminent domain
proceedings to acquire said land hereinbefore described, pursuant
to Part lll, Section 76 of the Charter of the City of Englewood,
and pursuant to the Statutes of the State of Colorado, is expressly
author ized and shall be instituted.
6. That M.O. Shiver, Jr., an attorney at law, and such
other members and associations of his firm as may be by him con-
sidered to be necessary, are hereby authorized to represent the
City of Englewood in any and all legal proceedings herein authorized
and directed to be instituted.
/&~~~ //
·Mayor -~
ATTEST:
City Clerk-Treasurer
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