HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/19/2005 - FIRST READING OF ORDINANCE NO. 046, 2005, VACATING ITEM NUMBER: 24
AGENDA ITEM SUMMARY DATE: April 19, 2005
FORT COLLINS CITY COUNCIL STAFF: Susan Joy
SUBJECT
First Reading of Ordinance No. 046, 2005, Vacating Two Portions of Right-of-Way as
Dedicated on the Plat of Side Hill, Filing One.
RECOMMENDATION
Staff recommends approval of the Ordinance on First Reading.
EXECUTIVE SUMMARY
The Side Hill development site is located north of Drake Road and east of Timberline Road. As
a part of Side Hill, Filing One, it was anticipated that an unnamed street would extend
northeasterly beyond Katandin Drive and that Trestle Road would extend westerly beyond
Windrow Drive. Street stubs for both of these anticipated streets were dedicated with Side Hill,
Filing One. In Side Hill, Filing Two, for which an Administrative Hearing was held on
December 16, 2004, the street stubs are no longer needed and the streets are not planned to
extend beyond Windrow Drive. Therefore, the right-of-way for the two street stubs is no longer
necessary and is proposed for vacation at this time. As there are currently utilities 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 they report no
objections.
ATTACHMENTS
1. Sidehill, 2nd Filing Vicinity Map
Right-of-way Vacations
Right-of-way 1
i Right-of-way j
i � II
� i
i
lI
4Q
tiTgHO/ Oho q O,p 3
0
rc _
w
z
m � ,
E �
N
_ E DRAKE RD
Sidehill, 2nd Filing N
4/4/05
Vicinity Map
ORDINANCE NO. 046, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING TWO PORTIONS OF RIGHT-OF-WAY AS DEDICATED ON
THE PLAT OF SIDE HILL, FILING ONE
WHEREAS, the plat of Side Hill, Filing One included dedication to the public of a right-
of-way which included the dedication of certain rights-of-way for future street extensions; and
WHEREAS, the City has approved a project development plan (PDP) for a project
entitled "Side Hill, Filing Two", which PDP plan plats property abutting said rights-of-way; and
WHEREAS, the approval of the Side Hill, Filing Two necessitates the vacation of two
portions of the original right-of-way dedicated on the plat of Side Hill, Filing One which
portions are more particularly described on Exhibits "A" and `B", attached hereto and
incorporated herein by this reference; and
WHEREAS, said portions of right-of-way are no longer necessary or desirable to retain
for street purposes due to the approval of Side Hill, Filing Two, which does not extend said
street stubs 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 easements be reserved
unto the City; and
WHEREAS, the rights 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 portions of street right-of-way, more particularly described on Exhibits
"A" and `B", are 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 19th day
of April, A.D. 2005, and to be presented for final passage on the 3rd day of May, A.D. 2005.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 3rd day of May, A.D. 2005.
Mayor
ATTEST:
City Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
RIGHT-OF-WAY VACATION
A PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 20, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE 6TH PM, COUNTY OF LARIMER, STATE OF
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BASIS OF BEARING: THE NORTH LINE OF LOT 3 BLOCK 2 OF SIDEHILL FILING ONE,
AS RECORDED AT RECEPTION NO. 20030144107, IS ASSUMED TO BEAR N 60°00'00"
W, WITH A DISTANCE OF 60.51 FEET.
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 3;
THENCE N 04036'17" E, A DISTANCE OF 63.10 FEET TO THE POINT OF BEGINNING;
THENCE N 60000'00"W, A DISTANCE OF 33.45 FEET;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT, SAID CURVE
HAVING A DELTA OF 11029'44" AND A RADIUS OF 193.50 FEET, A DISTANCE
OF 38.82 FEET,THE CHORD OF SAID CURVE BEARING N 65°44'52"W, WITH A
LENGTH OF 38.76 FEET, TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A
DELTA OF 78030'16" AND A RADIUS OF 15.00 FEET, A DISTANCE OF 20.55
FEET,THE CHORD OF SAID CURVE BEARING N 69°15'08"W,WITH A LENGTH
OF 18.98 FEET;
THENCE N 30000'00" E, A DISTANCE OF 5.63 FEET;
THENCE S 60000'00" E,A DISTANCE OF 45.00 FEET;
THENCE S 30000'00" W,A DISTANCE OF 1.45 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A
DELTA OF 90000'00" AND A RADIUS OF 15.00 FEET, A DISTANCE OF 23.56
FEET, THE CHORD OF SAID CURVE BEARING S 15°00'00"E, WITH A LENGTH
OF 21.21 FEET TO THE POINT OF BEGINNING;
CONTAINING A CALCULATED AREA OF 836 SQUARE FEET.
I, MICHAEL S. BRAKE, A REGISTERED PROFES ER AND LAND SURVEYOR IN
THE STATE OF COLORADO, DO HEREBY OVE LEGAL DESCRIPTION
AND ATTACHED EXHI IT WERE PREP R1Y''• SIBLE CHARGE AND ON
THE BASIS OFlM ,,KN LE O I& BEL ,A CORRECT.
:c m:
2' =� 28262
MICHAEL .BRA E,PROFE§SIO&AL EN ER AND LAND,EUR YOR
COLORADO PE—PLS NO. 28262 p g.
FOR AND ON THE BEHALF OF IR ENGINEE LAND P•�
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP
OF THIS TRACTOR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITYFOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH
ANATTORNEY.
X:\3930000.all\3935006\Word\Legals\3935006LX2.doc
PAGE I OF'L
D
23 22 21 >
m
14
t 't
21 ''• )
RIGHT OF WAY 1, w 13
VACATION 03
(836 SQ. FT.) POINT OF BEGINNIN
�-grgy%y
of
MI
�I
rl
N°Rnr Bqs/°ObO* >I
2 RFCS oy<(°C R60,57 ZI
3?O03°4C B° I 4
CURVE TABLE
CURVE DELTA RADIUS LENGTH FCHORD BEARING
CI 11'29'44" 193.50 38.82 38.76 N65'44'52"W
e C2 78'30'16" 15.00 20.55 18.98I N69'1506"E
C3 90'00'00" 15.00 23.56 21.21 S15'00"00"E
s
a
co
W
NO'00'00"E
E
BEARING
0'00'00"W
30'00'00"E
6
0'00'00"W
100 50 0 100
SCALE: 1" = 100'
RIGHT OF WAY VACATION 2
SIDEHILL FILING 2
JOB NO. 39350.06
MARCH 01, 2005
SHEET 2 OF 2,
NOTE:
THIS DRAWING DOES NOT REPRESENT A
MONUMENTED SURVEY AND IS ONLY J'R ENGINEER-ING
INTENDED TO DEPICT THE ATTACHED ♦w.,w.o c.mo•.r
LEGAL DESCRIPTION.
2020 Fast FFmpe]Fes,Stle W-Rd C bN CO W525
BfiA9F�•Faz 910-0.9F%94•wmr mn
EXHIBIT "B"
LEGAL DESCRIPTION
RIGHT-OF-WAY VACATION
A PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 20,TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE 6TH PM, COUNTY OF LARIMER, STATE OF
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BASIS OF BEARING: THE WEST LINE OF LOT 1 BLOCK 5 OF SIDEHILL FILING ONE,
AS RECORDED AT RECEPTION NO. 20030144107, IS ASSUMED TO BEAR N 30°00'00" E,
WITH A DISTANCE OF 96.00 FEET.
COMMENCING AT THE MOST NORTHWESTERLY CORNER OF SAID LOT 1;
THENCE N 59006'17" W, A DISTANCE OF 64.01 FEET TO THE POINT OF BEGINNING;
THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, SAID CURVE
HAVING A DELTA OF 90000'00" AND A RADIUS OF 15.00 FEET,A DISTANCE
OF 23.56 FEET, THE CHORD OF SAID CURVE BEARING N 15°00'00"W,WITH A
LENGTH OF 21.21 FEET;
THENCE N 30000'00" E,A DISTANCE OF 51.00 FEET;
THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE LEFT, SAID CURVE
HAVING A DELTA OF 90000'00" AND A RADIUS OF 15.00 FEET,A DISTANCE
OF 23.56 FEET,THE CHORD OF SAID CURVE BEARING N 75°00'00"E,WITH A
LENGTH OF 21.21 FEET;
THENCE S 30000'00" W, A DISTANCE OF 81.00 FEET,TO THE POINT OF BEGINNING;
CONTAINING A CALCULATED AREA OF 862 SQUARE FEET.
I, MICHAEL S. BRAKE, A REGISTERED PROFESSIO EER AND LAND SURVEYOR IN
THE STATE OF COLORADO, DO HEREBY ST �,p� JG� BOVE LEGAL DESCRIPTION
AND ATTACHED EXHIBIT WERE PREPARE ills X, NSIBLE CHARGE AND ON
THE BASIS OF My KNOWLED O rA� CORRECT.
28262 m
MI A L'S. ITRAI�E,VkOFEASTON L ENG 'AND LAND V OR
COLORADO PE—PLS NO.28262
FOR AND ON THE BEHALF OF JR ENGINEE qND P•\-
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP
OF THIS TRACTOR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITYFOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH
AN ATTORNEY.
X\3930000.all\3935006\Word\Legals\3935006LX 1.doe
PAGE 1 OF y
TRACT Al
\ �s
A-90.00'00"
R=15.00'
))
L=23.56'
CH=21.21'
\'00'00"E
RIGHT OF WAY
VACATION
-p0 (862 SQ. FT.)
0^' j
p0
p0
dr90'00'00"
R=15.00'
L=23.56'
CH 0'00" '
N15'00'00"W POINT OF BEGINNING
79 \\N6soa\,�
?O =1
2
0
E
ti
\ O OC^AO
n O
cAl?
O Y
a ^
a /
N Nry
ooi 30 15 0 30
K 0V
SCALE: 1" = 30'
RIGHT OF WAY VACATION 1
/ SIDEHILL FILING 2
./ JOB NO. 39350.06
o MARCH 01, 2005
SHEET 2 OF 2-
NOTE:
THIS DRAWING DOES NOT REPRESENT A
MONUMENTED SURVEY AND IS ONLY J-R ENGINEERING
INTENDED TO DEPICT THE ATTACHED aw..o-iN c.my."y
LEGAL DESCRIPTION.
20 E"ftoW Flm�S*W-Fat Ckq N 8M
sla a9F9�9.Fae 410-09F934t.w.vH