HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/03/2005 - SECOND READING OF ORDINANCE NO. 046, 2005, VACATIN ITEM NUMBER: 14
AGENDA ITEM SUMMARY DATE: May3, 2005
FORT COLLINS CITY COUNCIL
STAFF: Susan Joy
SUBJECT
Second 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 adoption of the Ordinance on Second 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.
Ordinance No. 046, 2005, was unanimously adopted on First Reading on April 19, 2005.
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 pass4May
3rd day of May, A.D. 2005.
ATTEST:
City Clerk
Passed and adopted on final reading this 3rd day of May, A.D. 2005.
Mayor
ATTEST:
City Clerk
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 Ontr w iciPe
th a nnamed street would extend
northeasterly beyond Katand' Driv d th Roaould extend westerly beyond
Windrow Drive. Street stubs ' r both these d st " ets were dedicated with Side Hill,
Filing One. In Side Hill, Fil Two, h A inistrative 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