HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/02/1999 - FIRST READING OF ORDINANCE NO. 17, 1999, VACATING 71171MW
AGENDA ITEM SUMMARY ITEM NUMBER: 13
DATE: February 2, 1999
FORT COLLINS CITY COUNCIL STAFF: Sheri Wamhoff
SUBJECT:
First Reading of Ordinance No. 17, 1999,Vacating a Portion of the Right-of-way for Stetson Creek
Drive as Dedicated on the Stetson Creek P.U.D., First Filing Plat.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
This ordinance vacates a portion of the street right-of-way for Stetson Creek Drive. The plat of
Stetson Creek P.U.D., First Filing dedicated rights-of-way for future street intersections along
Stetson Creek Drive. Not all of the street intersections are proposed to be used by the development
proposal,Stetson Creek,5th Filing,Tovrnhomes at Stetson Creek,and therefore the right-of-way for
one of the intersections is no longer necessary and proposed for vacation at this time. As there are
currently utilities in place that cross this area, the street right-of-way will be retained as a utility
easement.
. ORDINANCE NO. 17, 1999
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A PORTION OF THE RIGHT-OF-WAY
FOR STETSON CREEK DRIVE AS DEDICATED ON
STETSON CREEK P.U.D., FIRST FILING
WHEREAS,the plat for Stetson Creek P.U.D.,First Filing dedicated to the public right-of-
way for Stetson Creek Drive which included dedication of rights-of-way for future street
intersections; and
WHEREAS,the Director, as that term is defined in the Land Use Code,by and through his
duly appointed Hearing Officer,is considering an application for approval of a project development
plan for a project entitled"Stetson Creek, 5th Filing,Townhomes at Stetson Creek",which project
abuts said right-of-way for Stetson Creek Drive; and
WHEREAS, the approval of the Stetson Creek, 5th Filing, Townhomes at Stetson Creek
requires the vacation of a certain portion of the original right-of-way dedicated for Stetson Creek
Drive more particularly described on Exhibit"A", attached hereto and incorporated herein; and
WHEREAS,said portion of the Stetson Creek Drive right-of-way is no longer necessary or
desirable to retain for street intersection purposes because the Stetson Creek,5'Filing,Townhomes
at Stetson Creek is not utilizing this area as a street intersection and because of the replatting of this
area associated with the Stetson Creek, 5th Filing, Townhomes at Stetson Creek; and
WHEREAS,pertinent City agencies and private utility companies have been contacted and
reported no objection to the proposed vacation,provided that a 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", are
hereby vacated, abated and abolished, reserving the same unto the City as an easement for utility
purposes.
•
Introduced, considered favorably on First Reading, and ordered published this 2nd day of
February,A.D. 1999,and to be presented for final passage on the 16th day of February,A.D. 1999.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 16th day of February,A.D. 1999.
Mayor
ATTEST:
City Clerk
Exhibit A
LEGAL DESCRIPTION
PUBLIC RIGHT-OF-WAY VACATION
• A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 5, TOWNSHIP 6 NORTH,
RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF FORT COLLINS, COUNTY OF
LARIMER, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 5, WHENCE THE
SOUTHWEST CORNER OF SAID SECTION 5 BEARS SOUTH 00°,08'46" EAST A DISTANCE
OF 2617.62 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FORTHIS DESCRIPTION;
THENCE SOUTH 43052'42" EAST A DISTANCE OF 679.16 FEET TO THE NORTHERLY LINE
OF STETSON CREEK DRIVE BEING A POINT ON A CURVE AND THE POINT OF BEGINNING;
THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE
OF 103048'43"AN ARC DISTANCE OF 27.18 FEET, A RADIUS OF 15.00 FEET AND A CHORD
BEARING OF NORTH 34041'23" EAST A DISTANCE OF 23.61; THENCE NORTH 86034'58"
EAST A DISTANCE OF 56.36 FEET TO A POINT ON A CURVE; THENCE ALONG THE ARC
OF SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 103047'11" AN ARC
DISTANCE OF 27.17 FEET, A RADIUS OF 15.00 FEET AND A CHORD BEARING OF SOUTH
41 °31'26" EAST A DISTANCE OF 23.61 FEET; THENCE SOUTH 86034'58" WEST A
DISTANCE OF 85.50 FEET TO THE POINT OF BEGINNING.
SAID PARCEL CONTAINS 1128 SQUARE FEET OR 0.026 ACRES MORE OR LESS.
DuWayne M. Phillips PLS#9329 Date
For and on Behalf of
Rocky Mountain Consultants, Inc.
8301 E. Prentice Ave., Ste 101
Englewood, CO 80111
(303)741-6000
STETSON CREEK S"FILING
RMC Job.No. 2431.061.00
Doc.No.STC0IVAC.WPD
• SHEET 1 OF 2
VACATION OF EXISTING RIGHT OF WAY
PART OF SECTION 5, T6N, R68W OF THE 6TH PM
CITY OF FORT COLLINS, LARMER COUNTY, COLORADO
Exhibit A
POINT OF COMMENCEMENT
WEST 1/4 CDR SEC 5
V+ FOUND 2.5" ALUM CAP
i IN MON. BOX LS 17662
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AREA OF PUBLIC R.O.W.
0 TO BE VACATED
A-103'48'43'
Z S) R=15.00'
J 10 S L-27.18' A-103' 47' 11'
a H 6• Ch&=N34'41'2YELL, R=15.00'
m ChDs-23.61' ' L=27.1T
m N86'34'58"E 56.36 ChBr-S41'31'26"E
o 1 ChDS=23.61'
SW CDR SEC 5 - -- - _ -- - S86'34'S8"W 85.50'
. FOUND 2.5" ALUM CAP
IN MON. Box LS 14823 STETSON CREEK DRIVE
POINT OF BEGINNING
1
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K kRRYS AK BASEY 7N THE W'LY LINE K THE
C* i/4 SEC 5, IS?, Z58W OF 6TH P Y
SAID UK BEII4C SOiJ� 0006'46' EAST
0 40 80 120
SCALE: 1" = 40'
THIS EXHIBIT DOES NOT REPRESENT
A MONUMENTED S RVEY. IT IS OM_Y
(WENDED TO DEF1. THE ATTACHED
DESCRIPTION. n The Writer Corporation
ROCKY MOUNT>.IN CONSULTANTS, INC. Q �T*-•�
?301 F PrcnUc< Av- SuH< 101 Engl<"P•M. Cc 80111 003) 741-6000 FAY (303) 741-6106 SHEET 2 OF 2
-,P r, 1 2431 U6� nWp NAME STI'VIVAC DWG DATE. 08/12/98 "EV44LU
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Vicinity Map 06/23/98 N
Stetson Creek Drive Right-of-Way Vacation
1•• = 600'