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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/16/2003 - FIRST READING OF ORDINANCE NO. 131, 2003, VACATING AGENDA ITEM SUMMARY ITEM NUMBER: 16 FORT COLLINS CITY COUNCIL DATE: September 16, 2003 FROM: Sheri Wamhoff SUBJECT: First Reading of Ordinance No. 131,2003, Vacating a Portion of Right-of-Way as Dedicated on the Plat of Rigden Farm, Filing One. RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY: The Rigden Farm development site is located south of Drake Road, east of Timberline Road and west of Ziegler Road. As a part of Rigden Farm, Filing One, it was anticipated that an unnamed street would extend northerly beyond Limon Drive between Rockford Drive and Kansas Drive. The street stub for this anticipated street was dedicated with Rigden Farm, Filing One. Rigden Farm, Ninth Filing Parkside Commons for which an Administrative Hearing was held on August 20,2003, showing that the street stub is no longer needed and will be removed. The development instead will dedicate the right-of-way for and build the extension of Kansas Drive to Drake Road, which is approximately 200 feet west of the street stub to be vacated. Therefore, the right-of-way for the street stub is no longer necessary and is proposed for vacation at this time. Because utilities currently exist within the right-of-way the area will be retained as a utility easement. All public and private utilities have been notified of the proposed vacation and report no objections. ORDINANCE NO. 131, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF RIGHT-OF-WAY AS DEDICATED ON THE PLAT OF RIGDEN FARM,FILING ONE WHEREAS,the plat of Rigden Farm,Filing One included dedication to the public of certain rights-of-way for future street extensions; and WHEREAS,the Administrative Hearing Officer approved a project development plan(PDP) for a project entitled "Rigden Farm, Ninth Filing Parkside Commons", which plan plats property abutting said right-of-way; and WHEREAS, the approval of the Rigden Farm, Ninth Filing Parkside Commons PDP necessitates the vacation of a portion of the original right-of-way dedicated on the plat of Rigden Farm,Filing One which portion is more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, said portion of right-of-way is no longer necessary or desirable to retain for street purposes due to the approval of the Rigden Farm,Ninth Filing Parkside Commons PDP which does not extend said street stub into the site; and WHEREAS,pertinent City agencies and private utility companies have been contacted and reported no objection to the proposed vacation,provided that utility easement be reserved unto the City; and WHEREAS, the right of the residents of the City of Fort Collins will not be prejudiced or injured by the vacation of said street right-of-way. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the portion of street right-of-way, more particularly described on Exhibit "A", is hereby vacated, abated and abolished, reserving the same unto the City as a utility easement. Introduced and considered favorably on first reading and ordered published this 16th day of September, A.D. 2003, and to be presented for final passage on the7th day of October, A.D. 2003. Mayor ATTEST: City Clerk Passed and adopted on final reading this 7th day of October,A.D. 2003. Mayor ATTEST: City Clerk EXHIBIT "A" PARKSIDE COMMONS AT RIGDEN FARM P.D.P. RIGHT-OF-WAY VACATION A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 7 NORTH,RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN;CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: RIGHT-OF-WAY TO BE VACATED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 29 BEING MARKED BY A NO. 6 REBAR WITH 3" ALUMINUM DISC STAMPED "RA BRADSHAW" AND CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 29 TO BEAR S 89°26'35"W(WEST END OF SAID LINE BEING MARKED BY Aft REBAR WITH 3-1/4" ALUMINUM DISC LS 14823 IN RANGE BOX) WITH ALL OTHER BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE S56'34'51"W, 898.95 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY BOUNDARY OF LIMON DRIVE AS SHOWN ON THE PLAT OF RIGDEN FARM FIRST FILING RECEPTION#99090058;THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING TWO (2) COURSES 1. 23.48 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1,453.50 FEET, A CENTRAL ANGLE OF 00°55'32", AND A CHORD WHICH BEARS S06'45'16"W 23.48 FEET; 2. 4.81 FEET ALONG A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 3.00 FEET AND A CENTRAL ANGLE OF 91°47'28", AND A CHORD WHICH BEARS S38.40'41"E,4.31 FEET THENCE 63.32 FEET ALONG THE ARC OF A NON TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 648.50 FEET, A CENTRAL ANGLE OF 05'35'40", AND A CHORD WHICH BEARS N81'46'31"W, 63.30 FEET TO A POINT ON THE AFOREMENTIONED NORTHERLY RIGHT-OF-WAY BOUNDARY OF RIGDEN FARM FIRST FILING; THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING THREE (3) COURSES; 1. 4.91 FEET ALONG THE ARC OF ANON TANGENT CURVE TO THE LEFT,HAVING A RADIUS OF 3.00 FEET,A CENTRAL ANGLE OF 93`50'58",AND A CHORD WHICH BEARS N54-05'48"E, 4.38 FEET; 2. 22.04 FEET ALONG A COMPOUND CURVE TO THE LEFT HAVING A RADIUS OF 1,396.50 FEET AND A CENTRAL ANGLE OF 00"54'15", AND A CHORD WHICH BEARS N06°43'11"E, 22.04 FEET; 3. S83°07'01"E, 57.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 0.03 ACRES OR(1,505 SQUARE FEET)MORE OR LESS AND IS SUBJECT TO ALL RIGHTS-OF-WAY,EASEMENTS AND RESTRICTIONS NOW IN USE OR OF RECORD. $ 0 §2) < , , a ¥ ¥ *U)ix )ba` 7 © ww I kk0 < Ar: ]{� \/ _ ) ) }\\2 � = [ } . ! /Z N 3: \ > a K ° ° cc I � ( 2 � Z O & g « D » $ tea , ao U- iulz O � \ � d LU � pq ir \ ` q & � j § \ ! |k � � }2�k� Cl) !lW32 CD �crEm 0 co \ / , � ° 5 z Ez F- f }L- z 2w \ � � \ { r x� !fs z g kLi � T® Wx= > a& ®? §& §\ cr ) zC*4 .0 , z ! \ 9 � �•. ° � z } � 00 Right-of-Way Vacation ❑❑❑ pArea to be ❑ m Vapted ❑ ❑❑❑ a i? 0 LU w l r Right-of-Way Vacation Tract E Rigden Farm, 1st Filing N �✓ E Vicinity Map 07/29/03 s