HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/01/2009 - FIRST READING OF ORDINANCE NO. 133, 2009, VACATING DATE: December 1, 2009
STAFF: Randy Maizland • - • •
First Reading of Ordinance No. 133, 2009; Vacating a Portion of the Harmony Road Right-of-Way as Originally
Dedicated by the Larimer County Road Viewers Report.
EXECUTIVE SUMMARY
With the realignment of West Harmony Road between Regency Drive and Taft Hill Road, this portion of the "Old"
Harmony Road right-of-way was left over as an unused section of right-of-way, adjacent to the Harmony Ridge
Subdivision. The property has remained unused since the realignment of Harmony Road and has been maintained
by the City, with no future intended use. The Harmony Ridge Subdivision Home Owners Association (HOA) has
requested this section of unused right-of-way be vacated back to Harmony Ridge for the purpose of landscape
improvements by the Harmony Ridge HOA. Once vacated, the Harmony Ridge HOA will accept all responsibility for
maintenance of the property and all improvements to the property will be governed by the City Land Use Code.
requirements. A blanket utility easement will be reserved for maintenance of existing utilities.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
PUBLIC OUTREACH
All public and private utilities have been notified of the proposed vacation and they report no objections.A blanket utility
easement will be reserved for maintenance of existing utilities.
ATTACHMENTS
1. Vicinity Map
2. Site Map
ATTACHMENT
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ORDINANCE NO. 133, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A PORTION OF THE HARMONY ROAD RIGHT-OF-WAY
AS ORIGINALLY DEDICATED BY THE LARIMER COUNTY
ROAD VIEWERS REPORT
WHEREAS, certain land was heretofore dedicated to the County as street right-of-way
for Harmony Road as described in the County Road Viewers Report of the Larimer County,
Colorado records; and
WHEREAS, the City has previously realigned Harmony Road to the east of its
intersection with Taft Hill Road so that Harmony Road now is oriented in a northeasterly
direction to intersect Taft Hill Road at the location of the intersection of Taft Hill Road and
County Road 38E; and
WHEREAS, Harmony Ridge Subdivision is the property owner adjacent to the original
Harmony Road alignment, and has requested that the City vacate a portion of this right-of-way;
and
WHEREAS, said portion of the original Harmony Road right-of-way alignment is no
longer necessary or desirable to retain for street purposes due to the new alignment of Harmony
Road; 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 as more particularly described on Exhibit "A", attached hereto and incorporated
herein by this reference; and
WHEREAS, the right of the residents of the City 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 original Harmony Road street right-of-way alignment, more
particularly described on Exhibit "A", is hereby vacated, abated and abolished.
Introduced, considered favorably on first reading, and ordered published this 1st day of
December, A.D. 2009, and to be presented for final passage on the 15th day of December, A.D.
2009.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 15th day of December, A.D. 2009.
Mayor
ATTEST:
City Clerk
1
EXHIBIT "A"
DESCRIPTION OF A PORTION OF "ORIGINAL" HARMONY ROAD TO BE VACATED
A portion of "Original" Harmony Road located in the Northwest quarter
of Section 3, Township 6 North, Range 69 West and in the Southwest
quarter of Section 34 Township 7 North, Range 69 West all of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado, to
be vacated, being more particularly described as follows;
Considering the north line of the said northwest quarter of Section 3
as bearing South 89 degrees 57 minutes 5.4 seconds West between a found
3" alum. cap monument, PLS 20528 at the north quarter corner of the
said Section 3 and a found 2 . 5" alum. cap monument, PLS 17497 at the
northwest corner of the said Section 3, based upon the City of Fort
Collins coordinate base and G. P. S . observation;
Commencing at the said north quarter corner of Section 3;
THENCE along the north line of the said northwest quarter, South
89 degrees 57 minutes 54 seconds West for a distance of 460 . 91 feet;
THENCE leaving the said north line, South 00 degrees 02 minutes
06 seconds East'for a distance of 30 . 00 feet to the intersection of the
south right of way of "Original" Harmony Road per the original County
Road Viewers Report, with the southeasterly extension of the southerly
right of way of -West Harmony Road as described in a Special Warranty
Deed recorded August 13, 1991 at Reception No. 91038084 records of the
Clerk and Recorder of the said Larimer County, the said intersection
point is also the TRUE POINT OF BEGINNING of this description;
THENCE along the said south right of way of "Original" Harmony
Road, South 89 degrees 57 minutes 54 seconds West for a distance of
405 . 53 feet to the southwesterly extension of the southeasterly right
of way of Seneca Street as described in a Deed of Dedication recorded
June 16, 2000 at Reception No. 2000040271 records of the said Clerk and
Recorder;
THENCE along the said southwesterly extension, North 32 degrees
30 minutes 20 seconds East for a distance of 71 . 17 feet to the north
right of way of "Original" Harmony Road per the said County Road
Viewers Report;
THENCE along the said north right of way, North 89 degrees 57
minutes 54 seconds East for a distance of 183. 53 feet to the said
southerly right of way of West Harmony Road as described•at Reception
No. 91038084;
THENCE along the said southerly right of way, along a non-tangent
curve to the left having a radius of 1135 . 00 feet a central angle of
09 degrees 46 minutes 05 seconds, and an arc length of 193 . 50 feet,
being subtended by a chord of South 71 degrees 56 minutes 55 seconds
East for a distance of 193. 27 feet to the point of beginning.
Containing 17, 140 square feet more less .
The above described tract is subject to all easements and rights of
ways now existing or of record.
PAGE 1 OF 2
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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.
WALLACE C. MUSCOTT COLORADO P. L. S . 17497
P.O. BOX 580 FORT COLLINS, CO 80522
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