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HomeMy WebLinkAbout1967 Resolution No. 033I I _., KE~ULUTlUN NU. JJ, ~EKlE~ 0~ 1967 /\ IU-:SOLlrt'ION /\U'rllORIZING /\ND DIRECTING TIIE :LNSTITUTION OF EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN PROPERTY FOR THE CON- STRUCTION OF A CERTAIN PIPELINE, ACCESS ROAD AND DIVERSION DAM. NOW, 'l'll.EIU;t•'OIU:, UE l '1' RE80LVED BY '!'HE CI'l'Y COUNCIL OP '!'HE CITY OF F.NGLF.WOOD ~s follows: 1. That the City of Englewood does hereby, pursuant to statute, determine to construct and has authorized the construction, as a public work and improvement, of a pipeline, access road and diversion dam in Grand County, Colorado, as a portion of the Ranch Creek Transmountain Diversion Project of said City. Such con- s .truction to be made for the public purpose of supplying municipal water to the water works of this city. 2. That the City Council of the City of Englewood, pursuant to statutory authority, does hereby find and determine that construction of aforesaid public works and improvement, consisting in part of the pipeline, access road and diversion works, constitutes a public necessity. 3. That the Council further finds and determines that acquisi- tion of title to the following described real property is necessary to permit construction of said public improvement consisting of the afore- said pipeline, access road and diversion works as follow~, to wit: Right-of-way for pipeline, access road, and diversion dam lying on the property of Marvin Romberg, Frederick E. Romberg, Marcia Todd Romberg, Raymond D. Sloan and Beverly M. Sloan. Lying in the southeast quarter of Section 14, Township 1 South, Range 75 West, a right-of-way extending 75 feet to the left and 75 feet to the right of the lines which are described as follows: Beginning at a point on the west line of the southeast 1/4 whence the south quarter corner of Section 14, TlS, R75W bears south 0° 06' West, a distance of 1749.85 feet; thence due East, a distance of 47.92 feet; thence N84° 19' 57" E., a distance of 153.60 feet; thence N66° 47' 22" E, a distance of 289.52 feet; thence N 79° 59' 22" E, a distance of 206.36 feet; thence N 75° 12' 22" E, a distance of 93.22 feet; thence N 68° 49' 12" E, a distance of 187.22 feet: thence N 72° 51' 32" E, a distance of 171.94 feet: thence N 68° 44' 27" E, a distance of 55.50 feet; to a point "A"; thence N 7° 06' 30" W, a distance of 46.61 feet; thence S 87° 50' 30" W, a distance of 269.04 feet; thence S 83° 0' O" W, a distance 82.39 feet; thence S 82° 27' 30" W, a distance of 129.23 feet; thence N 42° 54' 0" W, a distance of 164.93 feet; thence N 49° 58' 30" w, a distance of 148.38 feet; thence S 63° 4 4i 30" w, a distance of 120.44 feet; thence N 84° 11' O" W, a distance of 202.28 feet; thence S 89° 06' 0" W, a distance of 130.10 feet; to a point on the west line of the southeast 1/4, Section 14, whence the South quarter corner of Section 14 bears South 0° 06' West, a distance of 2279.9 feet. Beginning at point "A" (as described above) thence N 68° 44' 27" E, a distance of 219.41 feet; thence N 71° 21' 47" E, a distance of 558.04 feet; thence N 52° 59' 37" E, a distance of 417.19 feet; thence N 54° 14' 00" E, a distance of 80.2 feet to a point on the north line of the SE 1/2 of Section 14, whence the east quarter corner bears N 87° 49' 00" E, a distance of 370.8 feet. Containing a total of 13.06 acres more or less. Also right-of-way described as beginning at the south quarter corner of Section 14, thence north along the west line of the SE 1/4, Section 14, a distance of 270.0 feet, thence southeasterly to a point on the south line of SE 1/4, which is 205.0 feet east of said south quarter corner, thence west along said south line to the point of beginning. Containing 0.92 acres more or less. Lying in the NE 1/4, NE 1/4 of Section 23, TlS, R75W, a right- of-way extending 75 feet to the left and 75 feet to the right of a line described as follows: Beginning on the east line of said northeast 1/4, northeast 1/4, Section 23, whence the northeast corner of Section 23 bears North 1° 15' East, a distance of 131.6 feet; thence S 73° 49' 00" W, a distance of 155.8 feet; thence S 36° 14' 00" W, a distance of 294.6 feet; thence S 42° 40' 00" W, a distance of 527.6 feet; thence S 34° 47' 00" W, a distance of 501.9 feet; thence S 48° 25' 30" W, a distance of 143.7 feet; thence S 58° 41' 00" W, a dis-. tance of 83.2 feet; to a point on the south line of said NE~ NE~; thence S 88° 24' 00" W, a distance of 216.4 feet along the South line to the Southwest corner of said NE ~. l~.l ~ Section 2 3. Containing 5.60 acres more or less. 4. That negotiations with the owners thereof have been 4;J ·1·1 .; carried out and that said negotiations have failed and the City is unable to agree with the owners 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 p µrsuant to the Statutes of the State of Colorado, is expressly authorized and shall be instituted. 6. That M. 0. Shivers, 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. ADOPTED AND APPROVED this 2nd day of October, 1967. ATTEST: Mayor City Clerk-Treasurer I I I