HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/18/2009 - FIRST READING OF ORDINANCE NO. 083, 2009, VACATING ITEM NUMBER: 8
AGENDA ITEM SUMMARY DATE: August 18, 2069
FORT COLLINS CITY COUNCIL STAFF: Sheri Langenberger
SUBJECT
First Reading of Ordinance No. 083, 2009,Vacating a Portion of Right7of--way as Dedicated on the
Plat of Indian Hills Subdivision, First Filing.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
Indian Hills Subdivision, First Filing is located at the southeast corner of East Stuart Street and
Stover Street. A 10.01 foot strip of property, identified on the plat as "crosswalk," was dedicated
to the City as a right-of-way between Lots 6 and 7,to connect Indian Hills Park to Cherokee Drive.
The City Parks Department has no plans to construct a sidewalk connection on this narrow strip of
land since there is satisfactory access to the Park and the connection is not necessary. Therefore,
Parks has proposed the vacation of this property.
All public and private utilities have been notified of the proposed vacation and report.no objections,
provided the area is retained as a utility and drainage easement. With this Ordinance,the entire area
proposed to be vacated will be retained as a utility and drainage easement. The adjacent property
owners have also been contacted and report no objection to the vacation.
ATTACHMENTS
1. Location map
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Request to Vacate
right-of-way in Indian Hills
N
W+E City of
S F`rt Collins
00.025.05 0.1 Miles Engmeermg
July 27, 2009
ORDINANCE NO. 083, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A PORTION OF RIGHT-OF-WAY AS DEDICATED
ON THE PLAT OF INDIAN HILLS SUBDIVISION, FIRST FILING
WHEREAS, the plat of Indian Hills Subdivision, First Filing included dedication to the
public of a right-of-way identified as a "crosswalk," the purpose of which was to serve as a
pedestrian connection between Tract A and Cherokee Drive; and
WHEREAS, the City Parks Department has requested that the City vacate this pedestrian
right-of-way; and
WHEREAS, pertinent City agencies and private utility companies have been contacted
and have reported no objection to the proposed vacation, provided that a utility and drainage
easement is reserved to the City; and
WHEREAS, the rights of the residents of the City will not be prejudiced or injured by the
vacation of said right-of-way for pedestrian travel.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the pedestrian right-of-way more particularly described on Exhibit "A"
attached hereto and incorporated herein by this reference is hereby vacated, abated and
abolished, reserving the same unto the City as a utility and drainage easement.
Introduced, considered favorably on first reading, and ordered published this 18th day of
August, A.D. 2009, and to be presented for final,passage on the 1st day of September, A.D.
2009.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 1st day of September, A.D. 2009.
Mayor
ATTEST:
i
City Clerk
Exhibit "A"
DESCRIPTION OF A CROSS WALK TO BE VACATED
A Cross Walk to be vacated located in the northeast quarter of
Section 24, Township 7 North Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
cross walk is also located in the plat of Indian Hills Subdivision
First Filing a plat of record with the Clerk and Recorder of the
said Larimer County, being more particularly described as follows;
Commencing at the northwest corner of Lot 7 of the said plat of
Indian Hills Subdivision First Filing the said northwest corner is
also the TRUE POINT OF BEGINNING of this description;
THENCE along the west line of the said Lot 7, South 02 degrees
36 minutes 00 seconds West for a distance of 150. 00 feet to the
southwest corner of the said Lot 7;
THENCE along the north right of way of Cherokee Drive, along
a non-tangent curve to the right having a radius of 636. 98 feet a
central angle of 00 degrees 54 minutes 01 seconds,_ and an arc
length of 10.01 feet, being subtended by a chord of North 86
degrees 57 minutes 16 seconds West for a distance of 10. 01 feet to
the southeast corner of Lot 6 of the said plat of Indian Hills
Subdivision First Filing;
THENCE along the east line of the said lot 6, non-tangent from
the previous curve, North 02 degrees 36 minutes 00 seconds East for
a distance of 150. 00 feet to the northeast corner of the said Lot
6;
THENCE along the north line of the said cross walk as shown on
the said plat of Indian Hills Subdivision First Filing, South 86
degrees 57 minutes 00 seconds East for a distance of 10. 01 feet to
the point of beginning. Containing 1,502 square feet more or less.
The above described tract is subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, .belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT
COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS CO 80522
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Sheet 1 of 2
Exhibit "A"
LOCATION SKETCH
10' CROSS WALK TO BE VACATED, LOCATED IN THE
PLAT OF INDIAN HILLS SUB. FIRST FILING
T1?l4cT A
CROSS WALK
TO BE VACATED o
1,502 SQ. FT. $
1p.01
N.W. CORNER
LOT 7, P.O.B.
0 CD
o CD
CD C5
LOT 5 Ln in
LOT B
LOT 5
o LOT 7
0 CD
m 10
(y)
M 0i
0 0
Z
ArC 10' 01
BNQRD _ Rad 636, 98'
N 86°S7'16"W 10,01'
CHEROKEE DRXVE
LOT 20
LOT 21 D" LOT 22
N
7
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THIS SKETCH AND THE AREAS MAY 15, 2009
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIMON ONLY, NTS
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
K\SURV\PROJ\P&R\INDIAN HILLS Sheet 2 Of 2