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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/03/2005 - FIRST READING OF ORDINANCE NO. 052, 2005, VACATING ITEM NUMBER: 19 AGENDA ITEM SUMMARY DATE: May 3, 2005 FORT COLLINS CITY COUNCIL STAFF: Sheri Wamhoff SUBJECT First Reading of Ordinance No. 052, 2005, Vacating a Portion of Right-of-Way as Dedicated on the Plat of Prospect Industrial Park. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY The Liberty Commons School site is located on the north and west sides of March Court cul-de- sac. The current school building is at the northwest corner of March Court and Sharp Point Drive. The area to the west of the cul-de-sac is currently vacant land. The Liberty Commons School desires to build a running track for the school's use on this vacant land. The width of the land is not adequate to build a running track that will meet competition standards, thus they would like to shorten the existing cul-de-sac, vacate a portion of the existing right-of-way and use this area for construction of a running track. At the completion of the project the revised cul- de-sac will have the same functionality as the original March Court cul-de-sac. All public and private utilities have been notified of the proposed vacation and they report no objections, provided portions of the cul-de-sac are retained as utility easements. With this ordinance the entire area proposed to be vacated will be retained as a utility, drainage and access easement. This will allow the cul-de-sac to remain until the new March Court cul-de-sac can be built and accepted. Portions of the easement will then be vacated to allow for the construction of the running track in this area. ATTACHMENTS 1. Right-of-Way Vacation Vicinity Map 2. Right-of-Way Vacation Concept Plan/Project Overview ATTACHMENT RIGHT-OF-WAY VACATION kJ \ Y for-w,y i iN \ \ \ i/ Prospect Industrial Park N Vicinity Map April 19, 2005 ATTACHMENT x: ox , c.nn.,sm.w a..�.cWma rux rm ApI Va WN x[x®. 1-Pa NA3M UWW w xw R w--- le V N. P _ 1 s i to Ole t i t --- - \ h IP q , {r }` y rA q !r Il• ;i' � t �ptr i RUMq TRACK SCHOOL PIELD .... =4A= ,,North 1 — MARCH COURT WONT OF WAY VACATION P PdP•�y VO mA'rr. uu if CONCEPT PLAN /PROJECT OVERNEW , p��y m ORDINANCE NO. 052, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF RIGHT-OF-WAY AS DEDICATED ON THE PLAT OF PROSPECT INDUSTRIAL PARK WHEREAS, the plat of Prospect Industrial Park dedicated to the public certain rights-of- way, including the right-of-way for a cul-de-sac known as March Court, which cul-de-sac abuts the Liberty Commons School (the "School"); and WHEREAS, the School has requested that the City shorten the March Court cul-de-sac in order to provide the School with sufficient area to construct a running track for the school's use; and WHEREAS, the removal and reconstruction of the March Court cul-de-sac and the use of said area for a running track necessitates the vacation of a portion of the original right-of-way dedicated on the plat of Prospect Industrial Park, which portion is more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, said portion of the right-of-way for March Court is no longer necessary or desirable to retain for street purposes due to the removal and reconstruction of the March Court cul-de-sac bulb; and WHEREAS, pertinent City agencies and private utility companies have been contacted and reported no objection to the proposed vacation, provided that a utility, drainage and access 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 utility easement. Introduced and considered favorably on first reading and ordered published this 3rd day of May, A.D. 2005, and to be presented for final passage on the 17th day of June, A.D. 2005. Mayor ATTEST: City Clerk Passed and adopted on final reading this 17th day of June, A.D. 2005. Mayor ATTEST: City Clerk EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY VACATION A PORTION OF MARCH COURT RIGHT-OF-WAY,LOCATED IN THE NORTH ONE-HALF OF SECTION 20,TOWNSHIP 7 NORTH,RANGE 68 WEST OF THE 6TH PM,CITY OF FORT COLLINS,COUNTY OF LARIMER,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARING:ASSUMING THE MOST NORTHWESTERLY LINE OF LOT 3,PROSPECT INDUSTRIAL PARK,AS RECORDED IN THE LARIMER COUNTY CLERK AND RECORDER'S OFFICE AT RECEPTION NO.303647,TO BEAR S47°59'30"W. COMMENCING AT THE MOST WESTERLY CORNER OF SAID LOT 3; THENCE N 47°59'30"E,ON SAID NORTHWESTERLY LINE,A DISTANCE OF 190.00 FEET,TO A POINT OF CURVATURE ON THE RIGHT-OF-WAY OF MARCH COURT,AND THE POINT OF BEGINNING; THENCE ON SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 90000'04",A RADIUS OF 50.00 FEET AND A LENGTH OF 78.54 FEET,THE CHORD OF SAID CURVE BEARING N 02059'27"E,WITH A DISTANCE OF 70.71 FEET; THENCE S 42'00'29"E,A DISTANCE OF 80.00 FEET; THENCE N 47"59'30"E,A DISTANCE OF 46.91 FEET,TO A POINT ON SAID RIGHT-OF-WAY ON THE NORTHWESTERLY LINE OF LOT 4,PROSPECT INDUSTRIAL PARK,AND A POINT OF CURVATURE; THENCE ON SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 46011'22",A RADIUS OF 15.00 FEET AND A LENGTH OF 12.09 FEET,THE CHORD OF SAID CURVE BEARING S 24°53'49"W,WITH A DISTANCE OF 11.77 FEET,TO A POINT OF REVERSE CURVATURE; THENCE CONTINUING ON SAID RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 136-11'22",A RADIUS OF 50.00 FEET AND A LENGTH OF 118.85 FEET, THE CHORD OF SAID CURVE BEARING S 69°53'49"W,WITH A DISTANCE OF 92.78 FEET,TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 4,492SQUARE FEET. I, MICHAEL S. BRAKE, A REGISTERED PROFESSIONAL ENGINEER AND LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE,INFORMATION,AND BELIEF,ARE CORRECT. MICHAEL S.BRAKE,PROFESSIONAL ENGINEER AND LAND SURVEYOR COLORADO PE-PLS NO.29262 FOR AND ON THE BEHALF OF JR ENGINEERING LLC. THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A 7I7LE SEARCH BYJR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD.JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXIS77NG EASEMENT RIGHTSAND RECO)"ENDS CONSULTATION WITHANATIORNEY. HADev_Rev\aherilordinonces\ord no 2005 march a Ined.doc sheet 1 of 2 \ EXHIBIT "A" \ N51'42'52"W S89'08'9.8T 07"E /S. 7.84' � 'Sq sheet 2 of 2 . ss'? ,P.o Nr Q=99'41'44" R=15.00' L=26.10' VIPONT AT CH=22.93' PROSPECT PARK EAST NO7'51'41"W / i 50 25 0 50 \, 0 SCALE: 1" = 50' yo Go i A-136'11'20" / R-50.00' RA-=46*11'58"15.00' L=118.85' i� CH=92.78' L=72.10' S26'05'00"W CH-11.77' / N71'05'00" / Lk46'11'22" R=15.00' L=12.09' CH-11.77' PORTION OF ROW S24'53'49"W BEING VACATED \ A-46'11'22" R-50.00' POINT OF BEGINNING L-40.31' CH-39.23' \ \ N2453'49"E A=90'00'00 *2h of R-50.00' ro, L-78.54' F, CH-70.71' \ S87'00'30"E 4h 0 POINT OF COMMENCEMENT LOT 3 PROSPECT INDUSTRIAL PARK \ \j h ?p\O \ B r 9 p�J LOT 6 �Qp,p PROSPECT INDUSTRIAL PARK CURVE TABLE ' CURVE DELTA RADIUS LENGTH CHORD BEARING Cl 4671'22" 15.00 12.09 11.77 S24'53'49"W C2 1 13611'22' 1 50.00 1 115.85 1 92.711 1 S69'53'49"W C3 1 90'00'04" 1 50.00 1 78.54 1 70.71 1 NO2-59.27"E LINE TABLE g LINE BEARING LENGTH R.O.W. VACATION (LX—A) .g Ll N47'59'30"E 46.91 LIBERTY COMMON SCHOOL a1 Lz 1 542-00.29-E 1 80.00 JOB NO. 39405.00 FEBRUARY 25. 2005 gJ•R ENGINEERING S THIS DRAWING DOES NOT REPRESENT A MONUMENTED SURVEY Al C AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. 26M EM AMM F=49+Y 1I0•FW Cam 00 95E ND-4WM•Fm 910-4WI M