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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/17/2006 - FIRST READING OF ORDINANCE NO. 168, 2006, VACATING ITEM NUMBER: 20 AGENDA ITEM SUMMARY DATE: October 17, 2006 FORT COLLINS CITY COUNCIL STAFF: Randy Maizland SUBJECT First Reading of Ordinance No. 168, 2006,Vacating Portions of Right-of-way as Dedicated on the Plat of Provincetowne P.U.D., Filing No. 2. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY This Ordinance vacates portions of right-of-way located in the Provincetowne,Filing Two that are no longer necessary. A temporary access, drainage and utility easement is retained. BACKGROUND The Provincetowne, Filing Three development site is located west of Lemay Avenue and south of Trilby Road near Fossil Creek. As a part of Provincetowne, Filing Two, two streets known as Bellewood Court and Eden Ridge Court were constructed with terminating cul-de-sac bulbs. The Provincetowne,Filing Three development will extend both Bellewood Court and Eden Ridge Court to connect to proposed streets within the development.Therefore,portions of the cul-de-sac right-of- way for the two streets are no longer necessary and are proposed for vacation at this time. As there are currently utilities within the right-of-way, the area will be retained as an access, drainage and utility easement until such time as the developer rebuilds the roadway and relocates any utilities within that area. All public and private utilities have been notified of the proposed vacation and no objections were reported. �. TRILBY RD La Oo EM 0 ®® 8 o ®® a o ®® € € LLJ b ru, ® ROW TO BE VACATED PROPOSED VACATION FIGHT-OF-WAY PROVINCETOWNE 3RD FILING OCTOBER 2006 SHEET 1 OF 1 J•R ENGINEERING ? 2020 Fist RooW Rad Sole W-Fat Cain 00 SM X 910-491m=-Fix 9A-491-9BB1• ORDINANCE NO. 168, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING PORTIONS OF RIGHT-OF-WAY AS DEDICATED ON THE PLAT OF PROVINCETOWNE P.U.D.,FILING NO. 2 WHEREAS, the plat of Provincetowne, Filing Two, included a dedication to the public of certain public rights-of-way; and WHEREAS, the City has approved a project development plan for a project entitled "Provincetowne, Filing Three" (the 'PDP"), which PDP replats a portion of Provincetowne, Filing Two and property abutting said rights-of-way; and WHEREAS, the approval of the PDP necessitates the vacation of portions of the original right-of-way for Bellewood Court and Eden Ridge Court as dedicated on the plat of Provincetowne, Filing Two, 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 the PDP, which extends said right-of-ways, thereby eliminating the need for cul-de-sac bulbs; and WHEREAS, pertinent City agencies and private utility companies have been contacted and reported no objection to the proposed vacation, provided that temporary access, drainage and public utility easements be reserved unto the City until such time that all public streets, public infrastructure and utility relocations have been completed in accordance with the approved final plans for the PDP and the City has accepted the streets for maintenance; 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 an access, drainage and utility easement. Introduced, considered favorably on first reading, and ordered published this 17th day of October, A.D. 2006, and to be presented for final passage on the 7th day of November, A.D. 2006. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 7th day of November, A.D. 2006. Mayor ATTEST: City Clerk EXHIBIT"A" Page 1 of 3 LEGAL DESCRIPTION EAST PORTION OF RIGHT-OF-WAY VACATION A TRACT OF LAND LOCATED IN PROVINCETOWNE P.U.D.FILING NO.2,BEING LOCATED IN A PORTION OF SECTION 13,TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE 6TH PM,COUNTY OF LARIMER,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARING:THE SOUTHEASTERLY LINE OF OUTLOT I OF SAID SUBDIVISION, AS BEARING N40007'43"E. COMMENCING AT THE SOUTHERLY CORNER OF SAID OUTLOT I; THENCE N40007'43"E,ON SAID SOUTHEASTERLY LINE,A DISTANCE OF 344.95 FEET,TO A POINT OF CURVATURE,SAID POINT BEING ON THE RIGHT-OF-WAY LINE OF EDEN RIDGE COURT; THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 34°56'42"AND A RADIUS OF 55.00 FEET,AN ARC LENGTH OF 33.54 FEET,THE CHORD OF SAID CURVE BEARING S67019'50"E,WITH A DISTANCE OF 33.02 FEET,TO THE POINT OF BEGINNING; THENCE N40°0743"E,A DISTANCE OF 111.28 FEET,TO A POINT OF CURVATURE,SAID POINT BEING ON SAID RIGHT-OF-WAY; THENCE ON SAID RIGHT-OF-WAY THE FOLLOWING TWO(2)COURSES; I. THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 39006'21"AND A RADIUS OF 50.00 FEET,AN ARC LENGTH OF 34.11 FEET,THE CHORD OF SAID CURVE BEARING S20035'06"W, WITH A DISTANCE OF 33.45 FEET,TO A POINT OF REVERSE CURVATURE; 2. THENCE ON THE ARC OF A REVERSE CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 94009'54"AND A RADIUS OF 55.00 FEET,AN ARC LENGTH OF 90.38 FEET,THE CHORD OF SAID CURVE BEARING S48°06'52"W, WITH A DISTANCE OF 80.54 FEET,TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 1,534 SQUARE FEET. LEGAL DESCRIPTION WEST PORTION OF RIGHT-OF-WAY VACATION A TRACT OF LAND LOCATED IN PROVINCETOWNE P.U.D.FILING NO.2,BEING LOCATED IN A PORTION OF SECTION 13,TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE 6TH PM,COUNTY OF LARIMER,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARING:THE SOUTHEASTERLY LINE OF OUTLOT I OF SAID SUBDIVISION, AS BEARING N40°07'43"E. COMMENCING AT THE SOUTHERLY CORNER OF SAID OUTLOT I; THENCE N40°07'43"E,ON SAID SOUTHEASTERLY LINE,A DISTANCE OF 344.95 FEET,TO A POINT OF CURVATURE,SAID POINT BEING ON THE RIGHT-OF-WAY LINE OF EDEN RIDGE COURT; X:U9400W.o1109459W%WoMUplsV955900LX2 EDEN RIDGE VACA❑ON.dm PAGEIOF2 EXHIBIT"A" Page 2 of 3 THENCE ON SAID RIGHT-OF-WAY THE FOLLOWING THREE(3)COURSES; 1. THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 34056'55"AND A RADIUS OF 55.00 FEET,AN ARC LENGTH OF 33.55 FEET,THE CHORD OF SAID CURVE BEARING N32°22'47"W, WITH A DISTANCE OF 33.03 FEET,TO THE POINT OF BEGINNING; 2. THENCE CONTINUING ON THE ABOVE DESCRIBED RADIUS,SAID CURVE HAVING A DELTA OF 94006'11"AND A RADIUS OF 55.00 FEET,AN ARC LENGTH OF 90.33 FEET.THE CHORD OF SAID CURVE BEARING N32008'47"E, WITH A DISTANCE OF 80.51 FEET,TO A POINT OF REVERSE CURVATURE; 3. THENCE ON THE ARC OF A REVERSE CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 39°04'09"AND A RADIUS OF 50,00 FEET,AN ARC LENGTH OF 34.09 FEET,THE CHORD OF SAID CURVE BEARING N59°39'48"E, WITH A DISTANCE OF 33.44 FEET,TO A POINT OF NON-TANGENCY; THENCE S 40007'43"W,A DISTANCE OF 111.25 FEET,TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 1,533 SQUARE FEET. 1,CHAD R.WASHBURN,A LICENSED PROFESSIONAL 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. O I O CHAD R.WASHBURN,PLS 10 37963 mfo COLORADO PLS NO.37963 0 FOR AND ON THE BEHALF OF JR ENGINEERING LLC. �s,P�?.h 2620 EAST PROSPECT ROAD,SUITE 190 `'1'AL IANO FORT COLLINS,CO. 80525 THIS LEGAL DESCRIPTION DOES NOT CONS'DI UT£A TIME SEARCH BY JR ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. ✓R ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN ATTORNEr. X:V940000all\3 45900\WordLL gals\3945900LX2 EDEN RIDGE VACATION.doc PAGE 2 OF EXHIBIT"A" EXHIBIT A Page 3ryf3 EXHIBIT GOJq� /�J2p 9T14 2p / Cl�O' &3 '09' \\� R-50.00' Q. Q�\\` N5939'48'E a5'1r R5 ,?. y / - 5.00' �vPOr� CH-80.51' N32'OW4YE S te' / 6-39.06'21' / R-5o.00 1' CH=33.a5' w1j p.�. S2035'OB'W POINT YOF BEgINN OWN/ 2kpA � r y0' \o-94.00' R-55.00' a3a'S6'ss'/ CH=80.5 Q" q{ gp•y{' L=33.55' S48g8'52"W CH=33.03' G?�` N32'22'47'W G 345 R55.00' = ' L-33.54' POINT OF BEgNNINO CH=33.02' EAST PORTION O~.ry S67'19'50'E 2p G 0�-lJ2JO 2 y�pS Q 8 R SOUTHERLY CORNER OF OUTLOT I POINT OF COMMENCEMENT Y4 Y w z 30 15 0 30 $� SCALE: 1" = 30' •................. Iv� �(•: EDEN RIDGE R.O.W. VACATION •.•... ..•• PROVINCETOWNE FILING THREE 'KygL1.pNO JOB NO. 39459.00 SEPTEMBER 29, 2006 SHEET 1 OF 1`�.+ NOTE: � ERI J•R ENGINENG THIS DRAVANG DOES NOT REPRESENT A MONUMENTEO SURVEY AND IS ONLY A��'0'° INTENDED TO DEPICT THE ATTACHED W GdFgwtl Asg91e91•Fa10fRO0 OW ? LEGAL DESCRIPTION. 9AIiFASB•kx 9p-pWBM• k EXHIBIT"B" Page 1 of 3 LEGAL DESCRIPTION WEST PORTION RIGHT-OF-WAY VACATION A TRACT OF LAND LOCATED IN PROVINCETOWNE P.U.D.FILING NO.2,BEING LOCATED 1N A PORTION OF SECTION 13,TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE 6TH PM,COUNTY OF LARIMER,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARING:THE NORTHWESTERLY LINE OF OUTLOT I OF SAID SUBDIVISION, AS BEARING N 40007'43"E. COMMENCING AT THE WESTERLY CORNER OF SAID OUTLOT I; THENCE N 40007'43"E,ON SAID NORTHWESTERLY LINE,A DISTANCE OF 333.48 FEET, TO A POINT OF CURVATURE,SAID POINT BEING ON THE RIGHT-OF-WAY LINE OF BELLEWOOD COURT; THENCE ON SAID RIGHT-OF-WAY THE FOLLOWING THREE(3)COURSES; I. THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 34056'26"AND A RADIUS OF 55.00 FEET,AN ARC LENGTH OF 33.54 FEET,THE CHORD OF SAID CURVE BEARING N 32024'04"W, WITH A DISTANCE OF 33.02 FEET,TO A POINT OF NON-TANGENCY AND THE POINT OF BEGINNING; 2. THENCE CONTINUING ON THE ABOVE DESCRIBED RADIUS,SAID CURVE HAVING A DELTA OF 94008'47"AND A RADIUS OF 55.00 FEET,AN ARC LENGTH OF 90.37 FEET,THE CHORD OF SAID CURVE BEARING N 32008'33"E, WITH A DISTANCE OF 80.54 FEET,TO A POINT OF REVERSE CURVATURE; 3. THENCE ON THE ARC OF A REVERSE CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 39005'13"AND A RADIUS OF 50.00 FEET,AN ARC LENGTH OF 34.11 FEET,THE CHORD OF SAID CURVE BEARING N 59040'19"E, WITH A DISTANCE OF 33.45 FEET,TO A POINT OF NON-TANGENCY; THENCE S 40007'43"W,A DISTANCE OF 111.29 FEET,TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 1,535 SQUARE FEET. LEGAL DESCRIPTION EAST PORTION RIGHT-OF-WAY VACATION A TRACT OF LAND LOCATED IN PROVINCETO WNE P.U.D.FILING NO.2,BEING LOCATED IN A PORTION OF SECTION 13,TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE 6TH PM,COUNTY OF LARIMER,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARING:THE NORTHWESTERLY LINE OF OUTLOT I OF SAID SUBDIVISION, AS BEARING N 40007'43"E. COMMENCING AT THE WESTERLY CORNER OF SAID OUTLOT 1; THENCE N 40007'43"E,ON SAID NORTHWESTERLY LINE,A DISTANCE OF 333.48 FEET, TO A POINT OF CURVATURE,SAID POINT BEING ON THE RIGHT-OF-WAY LINE OF BELLEWOOD COURT; THENCE ON SAID RIGHT-OF-WAY THE FOLLOWING THREE(3)COURSES; X:U940000.aI1V94590NWord'JegalsU945900LX1 BELLEWOOD VACATION. PAGE I OF EXHIBIT"B" Page 2 of 3 1. THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 34056'26"AND A RADIUS OF 55.00,A DISTANCE OF 33.54 FEET,THE CHORD OF SAID CURVE BEARING S67°20130"E,WITH A DISTANCE OF 33.02 FEET,TO A POINT OF NON-TANGENCY,AND THE POINT OF BEGINNING; 2. THENCE N40007'43"E,A DISTANCE OF 111.29 FEET,TO A POINT OF CURVATURE; 3. THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT,SAID CURVE HAVING A DELTA OF 39°05'13"AND A RADIUS OF 50.00 FEET,A DISTANCE OF 34.11 FEET,THE CHORD OF SAID CURVE BEARING S20°35'07"W, WITH A LENGTH OF 33.45 FEET,TO A POINT OF REVERSE CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT,SAID CURVE HAVING A DELTA OF 94008'47"AND A RADIUS OF 55.00 FEET,A DISTANCE OF 90.37 FEET,THE CHORD OF SAID CURVE BEARING S48006'53"W,WITH A LENGTH OF 80.54 FEET,TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 1,535 SQUARE FEET. 1,CHAD R.WASHBURN,A LICENSED PROFESSIONAL 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 BELI ORRECT. y09 GOF ci CHAD R.WASHBURN,PLS COLORADO PLS NO.37963 %,� '�G FOR AND ON THE BEHALF OF JR ENGINEERING L 2620 EAST PROSPECT ROAD,SUITE 190 'AL LAND FORT COLLINS,CO. 80525 - .�ooj THIS LEGAL DESCRIPTION DUES NOT CONSTNUTF.A TITLE SEARCH BY A ENGINEERING TO DETERMINE OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD. ✓R ENGIA'FF,RING AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EVISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN ATTORNEY. X:V94W W.a IZW59M0 W'ordUlal5V945900 LXI BELLEWOOD VACATION.E PAGE 2 OF 2 EXHIBIT"B" EXHIBIT B Page 3of3� M1 A=39'05'13' R=50.00' O @1 p L®301' �O QpQJ. N59'40'18'E a94'08'47' L 90.03'r' CH=8 N32T78`33'33"E / I A-39'05'13' b.34'56'26' R"50'00 R=55.00' ,p L=3441 L=33.54' •tv CH-35'� POINT OF BEGINNING CH=33.02' dn3456'26' O! 52075'07'W WEST PORTION S32.24'04'E R=55.00' L=33.54' V�p CH=33.02' 'C / S67'20'30'E '�yyy A-94'08'47' R=55.00' CH=80.54' e��G2 S4S06'53'W ,y�FJ EEAASST POORPEONGINNING ck z q. 0 JQ. oJA�Vq . F WESTERLY CORNER OF OUTLOTI 8 POINT OF COYMFNCEMENT 30 15 0 30 37963 =e SCALE: 1" = 30' • ..........' BELLEWOOD R.O.W. VACATION LLANO' PROVINCETOWNE FILING THREE JOB NO. 3M9.00 FEBRUARY 22, 2006 SHEET 1 OF 1 NOTE: (� J•R ENGINEERING THIS DRAWING DOES NOT REPRESENT A •Mrr l MONUMENTED SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED �A' Eld Rap FbASl90•Rin Cdn C0 WS M LEGAL DESCRIPTION. 9AdBl-B®B•Fm�mo-68BBr•