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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/20/2008 - FIRST READING OF ORDINANCE NO. 056, 2008, VACATING ITEM NUMBER: 18 AGENDA ITEM SUMMARY DATE: May 20, 2008 FORT COLLINS CITY COUNCIL STAFF: Randy Maizland SUBJECT First Reading of Ordinance No. 056, 2008, Vacating a Portion of Right-of-Way for Big Dipper Drive. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY This Ordinance vacates a portion of right-of-way for Big Dipper Drive. Big Dipper Drive right-of- way was originally dedicated as 60 feet in width (30 feet on each side of the centerline). This proposed roadway will be constructed by the Old Oak Estates development as a local residential street connecting Strauss Cabin Road with Northern Lights Drive. The current standards for a local residential street require a total of only 51 feet of right-of-way (25.5 feet on each side of the centerline). The developer has requested that the "excess" 4.5 of right-of-way on the north side, adjacent to their property, be vacated by the City. A utility and drainage easement will be retained and a new standard 9-foot utility and drainage easement will be dedicated on the old Oak Estates Plat. ATTACHMENTS 1. Location Map. ATTACHMENT Right-of-Way Vacation RCCICCAEEKDR to . x J I.�LEU9 522'7 S-County Rd. 7 �y Rig t-of-Way Vacation a i nos 'L� XONTER JW 5227 S. County Road 7 Northwest Comer of Big Dipper & Strauss Cabin Road (County Road 7) Vicinity Map February 20, 2008 ORDINANCE NO. 056, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF RIGHT-OF-WAY FOR BIG DIPPER DRIVE WHEREAS, the Adler Exemption Map included dedication to the public of right-of-way which included dedication 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 "Old Oak Estates", which PDP plats property abutting said right-of-way; and WHEREAS,the approval of the Old Oak Estates necessitates the vacation of a portion of the original right-of-way dedicated on the Adler Exemption Map 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 Old Oak Estates Project development Plan (PDP); and WHEREAS,pertinent City agencies and private utility companies have been contacted and reported no objection to the proposed vacation, provided that a utility and drainage 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. Introduced, considered favorably on first reading, and ordered published this 20th day of May, A.D. 2008, and to be presented for final passage on the 3rd day of June, A.D. 2008. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 3rd day of June, A.D. 2008. Mayor ATTEST: City Clerk EXHIBIT "A" NORTHERN ADDRESS: PHONE:910.221.4158zoo WEBSIiE. ENGINEERING Fort C College Ave.24Re 100 www.northermnginmring.com FortCallins,C08052/ FAX:970.221.4159 EXHIBIT Description: Right of Way Vacation A portion of that tract of land described at Book 1795, Page 83 on file at the office of the Clerk and Recorder, Larimer County, Colorado, being a Public Right of Way to be vacated, located in Section 4, Township 6 North, Range 68 West of the 6tb Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Southeast Quarter of said Section 4 as bearing South 03'37'29" East and with all bearings contained herein relative thereto: Commencing at the East Quarter comer of said Section 4; thence, along said East line, South 03°37'29" East, 1,283.67 feet; thence, North 90000'00"West, 50.49 feet to the POINT OF BEGINNING; thence, along a curve concave to the Northwest having a central angle of 39*11'42" with a radius of 20.00 feet, an arc length of 13.68 feet and the chord which bears South 70*24109"West, 13.42 feet; thence, North 90°00'00" West, 599.08 feet; thence, North 03033'16"West, 4.51 feet to a point on the North right-of-way line of said Public Right of Way as described in said Book 1795,Page 83; thence, along said North right-of-way line, North 90°00'00" East, 612.00 feet to the POINT OF BEGINNING. The above described portion of Public Right of Way to be vacated contains 2,735 square feet or 0.063 acres more or less and is subject to all easements and rights-of-way now on record or existing. February 13, 2008 CNS D:\Projech\340-001\Dwg\Exhibita\ROW Vacatiomdoc EXHIBIT PORTION OF PUBLIC RIGHT OF WAY TO BE VACATED BEING LOCATED IN THE SOUTHEAST QUARTER OF FOUND 2-1 CAP,TS SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6th PRINCIPAL MERIDIAN, LS NO. CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. EAST QU CORD 1 SECTION 4 POIN ® NORTH COMMENI N °rn 1 PROPOSED ' W o 12' ADDITION ROW i mO p 5 PER OLD OAK ESTATES 10 2 W — 3 N L AO(n O PROPOSED I w '�c W a u VOLD OAK ESTATES 4 T N I Z PORTION OF FINAL PLAT i I l ml RIGHT-OF-WAY TO I BE VACATED I PUIBLIC Ri 2,735 sq.ft. POINT OF PER ADLER EXI 4.51' 0.063 acres BEGINNING BK 1795, P )3°33'16'W 4.5' I — — N90"00'00"E 612.00' I 1--- N90"00'00"W 30• 599.08' 5094°900'00"V 30' 55.5' L=13.68' R=: — _ _ — _ I _ _ _� Delta=39011 BROOK Dir.=S70°24' /ISION 60' EwsnNG UNPLATTED II 1 Chord=13.4- PUBLIC ROW V-105 2254 BK 17795, PG 83 (LARIMER COUNTY) i FOUND 2-1/, NORTHERN 80 0 80 160 240 Feet CITY OF FO ENGINEERING 1 inchN FEE O) ft. $OUTHEAHEA: SECTION