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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/02/2021 - FIRST READING OF ORDINANCE NO. 025, 2021, VACATING (2) Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY February 2, 2021 City Council STAFF David Betley, Civil Engineering Manager Claire Havelda, Legal SUBJECT First Reading of Ordinance No. 025, 2021, Vacating Portions of Grant Avenue Alley Right -of-Way. EXECUTIVE SUMMARY The purpose of this item is to vacate a portion of an alley right-of-way (ROW). The original grant of the Grant Avenue alley ROW is contained in the West Side Addition Plat, Book 1, Page 19 of Larimer County Clerk and Recorder Records. The residents of 420 and 428 Grant Avenue have initiated a conceptual review under the City’s Development Review process. In this review process, staff became aware that portions of the City’s right-of-way for the North Grant Avenue alley had never been opened f or public access and remain undeveloped and blocked by fences and well-established landscaping. At this time, only telecommunication lines run through this portion of the alley ROW, and the vacation reserves a utility easement over a portion of the vacated alley ROW to accommodate this existing utility use. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City was granted right-of-way over the Grant Avenue Alley (the Alley ROW) in 1892. The northwest portion of the Alley ROW is surrounded by Sycamore Street on the North, Grant Avenue to the West, Loomis Avenue to the East, and Cherry Street to the South. This portion of the Alley ROW has never been paved or opened for public access and is currently undeveloped and blocked by fences and well-established landscaping. The City Alley ROW essentially runs through several property owner ’s enclosed rear lots. South of the requested vacation area, there is evidence of public use; thus, this area i n not included in the vacation request. Staff received development proposals from several property owners adjacent to the Grant Avenue alley that would require portions of the alley ROW be vacated to accommodate. City staff has coordinated with utilities and the residents on the vacation. A utility easement will be reserved from the vacation to facilitate the existing utility poles. Staff has no objection to the vacation of this portion of the Grant Avenue Alley ROW. Vacations of public right-of-way are governed by City Code Section 23-115, which provides for an application and review process prior to submission to the Council for formal consideration.  The process includes review by staff, potentially affected utility agencies, emergency service providers, and affected property owners in the vicinity of the right-of-way proposed to be vacated which is completed. Based on the review of the vacation documents and on comments received, the Planning Development and Transportation Director recommends that the vacation be approved. With the proposed vacation, an easement for utilities will be reserved over a portion of the Alley ROW. Agenda Item 9 Item # 9 Page 2 CITY FINANCIAL IMPACTS If a portion of the Grant Avenue Alley ROW is vacated, the City will no longer be able to utilize the right-of-way for roadway purposes. The portion of the Alley ROW being vacated has never been opened or developed for public use and did not require any maintenance cost. No cost would be incurred by the City for the vacation. PUBLIC OUTREACH A memorandum requesting input was sent to the abutting property owners, utility providers and potentially impacted departments and Poudre Fire Authority. The application will also go through the public notification process when placed on the Council Agenda. -1- ORDINANCE NO. 025, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING PORTIONS OF GRANT AVENUE ALLEY RIGHT-OF-WAY WHEREAS, the City received a dedicated alley right-of-way for the Grant Avenue Alley in 1892 as documented on the West Side Addition Plat, Book1, Page 19 of the Larimer County Clerk and Recorder’s records; and WHEREAS, the current owners of 428 Grant Avenue and 420 Grant Avenue, Fort Collins, Colorado, have approached the City’s Development Review Team about various projects that would require vacation of that portion of the Grant Avenue alley right-of-way that runs through their properties, legally described and depicted on Exhibit “A” attached hereto and incorporated by reference (“Alley ROW”); and WHEREAS, the northwest portion of the Alley ROW is surrounded by Sycamore Street on the North, Grant Avenue to the West, Loomis Avenue to the East, and Cherry Street to the South as shown on Exhibit “B” attached hereto and incorporated by reference; and WHEREAS, the Alley ROW has never been opened for public access or use and it is currently undeveloped and blocked by fences and well-established landscaping; and WHEREAS, in accordance with City Code Section 23-115, the City Engineer has solicited comments from potentially affected parties and recommended approval of the vacation to the Planning, Development and Transportation Director (the “Director”), and the Director recommends to City Council that the request for vacation be approved with the reservation of a utility easement over and under that portion of the Alley ROW legally described and depicted on Exhibit “C” attached hereto and incorporated by reference; and WHEREAS, vacating the Alley ROW will not prejudice or injure the right of the residents of the City of Fort Collins. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds and determines that a portion of the Alley ROW, more particularly described in Exhibit “A” and visually referenced in Exhibit “B” is no longer needed for right-of-way purposes, subject to reservation of an easement for utility purposes over that real property described and depicted on Exhibit “C”, and it is in the public interest to vacate said right-of-way. -2- Section 3. That those portions of the Alley ROW more particularly described and depicted on Exhibit “A” attached hereto are hereby vacated, abated and abolished provided, however, that: (1) there is hereby reserved to the City a perpetual easement for utility purposes over, under, and across that portion of the Alley ROW more particularly described and depicted on Exhibit “C”; and (2) this vacation shall not take effect until this Ordinance is recorded with the Larimer County Clerk and Recorder. Section 4. In accordance with City Code Section 23-115(f), title to that portion of the Alley ROW vacated by this ordinance shall vest in accordance with Section 43-2-302, C.R.S. Introduced, considered favorably on first reading, and ordered published this 2nd day of February, A.D. 2021, and to be presented for final passage on the 16th day of February, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 16th day of February, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ City Clerk EXHIBIT A 1,128 188.1 FCMaps This map is a user generated static output from the City of Fort Collins FCMaps Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 857 City of Fort Collins - GIS 143.0 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet143.0071.50 Notes Alley Vacation Map Legend Parcels Growth Management Area Parks Schools Natural Areas City Limits EXHIBIT B DESCRIPTION OF A 10-FOOT WIDE UTILITY EASEMENT TO BE RESERVED A 10.00 FOOT WIDE STRIP OF LAND TO BE RESERVED AS A UTILITY EASEMENT, LOCATED IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING LOCATED WITHIN BLOCK 284 OF THE WEST SIDE ADDITION TO THE CITY OF FORT COLLINS; SAID STRIP BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID BLOCK 284, AND CONSIDERING THE NORTH LINE OF SAID BLOCK 284 TO BEAR EAST AS SHOWN ON THE PLAT OF SAID WEST SIDE ADDITION, SAID LINE BEING MONUMENTED ON ITS WEST END BY A%" SQUARE IRON PIN, AND ON ITS EAST END BY A NO. 4 REBAR WITH NO CAP, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF SAID BLOCK 284, N90 °00'00"E, A DISTANCE OF 144.29 FEET TO ITS POINT OF INTERSECTION WITH THE CENTERLINE OF AN EXISTING OVERHEAD UTILITY LINE, SAID POINT BEING THE POINT OF BEGINNING; THENCE ALONG SAID CENTERLINE, S01 °20'23"E, A DISTANCE OF 89.35 FEET; THENCE CONTINUING ALONG SAID CENTERLINE, S00 °27'32"W, A DISTANCE OF 85.67 FEET TO A POINT ON THE NORTH LINE OF LOT 20, BLOCK 284 OF SAID WEST SIDE ADDITION, SAID POINT BEING THE POINT OF TERMINATION. EXCEPTING THEREFROM, ANY PORTION OF SAID STRIP LYING WITHIN LOTS 15, 16, 17, 18 OR 19 BLOCK 284 OF SAID WEST SIDE ADDITION IT IS THE INTENT OF THIS DESCRIPTION THAT THE SIDELINES OF SAID STRIP BE LENGTHENED OR SHORTENED TO END ON THE NORTH LINE OF SAID BLOCK 284 AT ITS NORTH END, AND ON THE NORTH LINE OF SAID LOT 20 AT ITS SOUTH END. CONTAINING 1688 SQUARE FEET (0.039 ACRES), MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR THAT NOW EXIST ON THE GROUND. JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS P.O. BOX 580, FORT COLLINS, CO 80522