HomeMy WebLinkAbout1969 Resolution No. 024I
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Rt:;SOLU'l'I ON NO. 24, SERIES OF' 1 9 6 9
A RESOLUTION AUTHORIZING AND DIRECTING THE INSTITUTION
OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN PROPERTY FOR THE
CONSTRUCTION OF A CERTAIN PIPELINE AND ACCESS ROAD AND FOR INGRESS
AND EGRESS .DURING .PERIOD OF CONSTRUCTION.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
TH E CITY OF ENGLEWOOD as follows:
1. That the City of Englewood does hereby, pursuant to
statute, determine to construct and has authorized the construction,
as a p ublic work and improvement, of a pipeline and access road,
or ingress a n d egress d u ri n g pe riod o f cons t ruction, in Grand
County, Colorado, as a portion of the Ranch Creek Transmountain
Di version Project of said city. Such construction to be made
f or the public purpose of supplying municipal water to the water
works of this city.
2 . That t h e City Council of the City of Englewood,
pursuanl Lo tJl .. at u l oa·y .aulh ot'i t y , uoc!::i h ereby fi n d an d dotormi n o
that construction of aforesaid public works and improvement,
consisting in part of the pipeline and access road, for ingress
a n d egress d u ri n g peri od o f c onstruction, constitutes a public
n ecessity.
3. That the Council further finds and determines that
acq u i sition of title to the following described real property is
n eces s ary to permit construction of said public improvement con-
s i sti n g of th e a for e said pipeline and access road, for ingress and
e g r e ss during p e riod of construction, as follows, to-wit:
P a rc e l A. Right-of-way for pipeline and access road lying on
the property of Western Timber co.
Lying in the W ~ of the E ~ of Section 11, Township
l South, Range 75 West, a right-of-way extending 75
feet to the left and 75 feet to the right of a line
described as follows:
Be9inning at a point on the west line of the W ~,
E ~ of said Section 11 whence the north quarter
c orne r of said section bears North 4° 08' 30'' East,
a distance of 870.4 feet:
Th e nc e S 0° 15' O" E, a distance of 184.0 feet;
Thence S 61° 00' O" E, a distance of 489.0 feet:
Thence S 18° 25' 0" E, a distance of 159.0 feet:
Thence S 23° 10' O" W, a distance of 281.0 feet:
to point "A"
Thence S 23° 10' O" W, a distance of 97.0 feet;
Thence S 27° 15' O" E, a distance of 275.0 feet:
Thence S 21° 55' O" W, a distance of 376.0 feet:
Thence S 15° 45' 0" E, a distance of 110.0 feet:
Thence S 2° 45' O" E, a distance of 290.0 feet;
Th e nce S 37° 30' O" E, a distance of 638.0 feet;
to point "B"
Thence S 32° 49' 27" E, a distance of 45.3 feet;
Thence S 31° 32' 33" W, a distance of 605.6 feet;
Thence S 14° 58' 33" W, a distance of 64.3 feet;
Th e nc e S 8° 35' 03" W, a distance of 107.0 feet:
Thence S 2° 52' 03" W, a distance of 113.4 feet:
Thence S 23° 45' 18" W, a distance of 117.8 feet;
Thence S 37° 30' 18" W, a distance of 112.0 feet;
Th e nc e S 24° 06' 48" W, a distance of 100.0 feet;
Th e nc e S 33° 01' 48" W, a distance of 121.8 feet;
Thence S 23° 52' 48" W, a distance of 188.6 feet;
The nce S 10° 53' 33" W, a distance of 97.4 feet;
Thence S 24° 02' 12" E, a distance of 92.l feet:
Th e n ce S 40° 4 5 ' 57" E, a distance of 179.6 feet;
Thence S 1° 20' 18" W, a distance of 78.3 feet;
Thence S 5° 38' 03" W, a distance of 88.4 feet;
Then ce S 12 ° 10 ' 03" W, a distance of 88.6 feet;
Thence S 1 4 ° 39 ' 48" W, a distance o f 14.93 f ee t;
to a point on the south line of Section 11 whence the
south quarter corner of said Section bears South 87°
34' O" West, a distance of 541.0 feet.
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Beginning at point "A" (as described above)
Thence S 47° 17' 20" E, a distance of 916.5 feet;
Thence S 86° 29' 30" E, a distance of 201.8 feet:
t o a poi n t on t h e ea st line of W ~, E ~, Section 11
Beginning at point "B" (as described above)
Thence N 29° 03' 30" E, a distance of 87.0 feet:
Th e n ce N 5 0° 5 8' 30" E, a d i stance of 3 2 5 .8 f eet :
'l'h c n cc N 3 9° 14' 0" E, a distance of 269.0 feet:
to a point on the east line of the W ~ E ~ Section 11.
Additional right-of-way adjacent to and continuous with
the above:
(1) Beginning at a point on the west line of the W ~,
E ~ whence the north quarter corner of Section 11 bears
N 4° 08' 30" E, a distance of 870.4 feet: thence north
along the west line of the W ~, E ~ of said Section 11, .
a distance of 565.0 feet;
Thence N 89° 45' O" E, a distance of 31.8 feet:
Thence S 0° 15' O" E, a distance of 563.l feet:
Th e nce S 89° 45' O" w, a distance of 75.0 feet;
to the point of beginning.
(2) Be ginning at the point whence the right or south
boundary of the right-of-way intersects the west line
of the W ~, E ~ Section 11, thence S 61° 00' E along
the south boundary of that right-of-way, a distance of
270.0 feet, thence S 82° 41' West, a distance of 249.9
feet to the west line of the W ~, E ~, thence north, a
distance of 163.2 feet along that west line to the point
of beginning.
All rights-or-way here described contain a total of
2 3 .38 acres , mor e or less.
Parcel B. Right-of-way for access for ingress and egress on,
ove r and across a road lying on the property of Norman
H . Moa u ro .
Lying in Sections 10, 11 and 15, Township 1 South,
Range 75 West, a right-of-way extending 75 feet to the
l e ft a nd 75 feet to the right of a line described as
follows:
Be ginning at a point whence the northeast corner of
Section 15, Township 1 South, Range 75 West, bears
north 28° 28' East, a distance of 2600.8 feet:
Th e n ce N 71° 30' 43" E, a distance of 275.02 feet:
Thence N 82° 44' 13" E, a distance of 169.56 feet;
Thence N 62° 10' 33" E, a distance of 109.93 feett
Th e n ce N 77° 2 5 ' 43" E, a distance of 117.38 feet:
Thence N 15° 22' 13" E, a distance of 113.35 feet:
Thence N 9° 22' 47" w, a distance of 260.04 feet:
Thence N 15° 11' 17" W, a distance of 134.86 feet;
Thence N 51° 38' 37" W, a distance of 142.08 feet:
Thence N 46° 25' 07" w, a distance of 143.53 feet:
Thenc e N 58° 45' 07" w, a distance of 157.20 feet:
Thence N 48° 33' 07" w, a distance of 123.92 feet:
Thence N 28° 07' 47" w, a distance of 68.96 feet:
Thence N 4° 15' 53" E, a ~istance of 141.44 feet:
Thence N 19° 59' 13" E, a distance of 122.22 feet:
Thence N 5° 31' 03" E, a distance of 236.63 feet:
Thence N 2° 16' 57" w, a distance of 328.50 feet:
Thence N 78° 59' 37" w, a distance of 154.00 feet:
Thence N 3° 28' 07 II WI a distance of 147.13 feett
Thence N 31° 29' 23" E, a distance of 111.04 feett
Then ce N 4 0° 25 ' 4 3 " E, a di sta n ce of 22 5 .14 feet :
Th e n ce N 4 9° 21' 13 II E, a distance of 233.74 feet:
Thence N 40° 58' 13" E, a distance of 191.32 feet:
Thence N 60° 10' 43" E, a distance of 226.11 feet;
Thence N 86° 21' 13" E, a distance of 95.21 feet:
Thence S 73° 13' 47° E, a distance of 142.96 feet;
Thence S 88° 30' 17" E, a distance of 85.13 feet;
Thence S 73° 34' 47" E, a distance of 112.26 feet:
Thence N 54° 30' 33" E, a distance of 893.96 feet:
Thence N 82° 32 I 03" E, a distance of 124.21 feet:
Thence S 63° 01' 17" E, a distance of 631.16 feet:
Thenc e N 71° 41' 43" E, a distance of 126.47 feet:
Thence N 39° 58' 23" E, a distance of 102.85 feet:
Thence N 4° 55' 37" W, a distance of 140.76 feet:
Th e nc e N 1 9° 00' 53" E, a distance of 137.67 feet:
Thence N 32 41 42' 13" E, a distance of 203.70 feet;
Thence N 16° 53' 13" E, a distance of 167.10 feet;
Thence N 28° 11' 13" E, a distance of 68.80 feet:
Thence N 54° 31' 43" E, a distance of 158.59 feet:
Thence N 28° 32 I 43" E, a distance of 66.44 feet;
Thence N 71° 26' 23" E, a distance of 61.72 feet;
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Thence N 7° 58' 03" E, a distance of 122.12 feet:
Thence N 14° 23' 37" W, a distance of 93.43 feet:
Thence N 40° 02' 07" W, a distance of 109.84 feet;
Thence N 48° 20' 27" W, a distance of 72.99 feet:
Thence N 58° 46' 37" W, a distance of 132.26 feet:
Thence N 30° 32' 37" W, a distance of 103.25 feet;
Thence N 18° 35' 03" E, a distance of 252.75 feet;
Thence N 64° 30' 23" E, a distance of 98.63 feet:
Thence N 26° 05' 23" E, a distance of 203.30 feet:
Thence N 5° 25' 23" E, a distance of 134.39 feet;
to a point on the north line of the northeast ~ of
the southwest ~ of Section 11, whence the northeast
corner of Section 15 bears South 38° 22' West, a
distance of 3326.8 feet.
Containing 29.56 acres, more or less.
4. That negotiaionts with the owner thereof, Norman
H. Moauro, and Gabor Cseh holder of an option to purchase, have
been carried out and that said negotiations have failed and the
City is unable to agree with the owner upon the purchase of said
property.
5. That having made a determination of necessity, and
negotiations having failed, the institution of Eminent Domain
proceedings to acquire said land hereinbefore described, pursuant
to Part III, Section 76 of the Charter of the City of Englewood,
and pursuant to the Statutes of the State of Colorado, is expressly
authorized and shall be instituted.
6. That M. O Shivers, Jr., an attorney at law, and such
associates as may be by him considered 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.
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