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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/15/2009 - SECOND READING OF ORDINANCE NO. 133, 2009, VACATIN DATE: December 15, 2009 AGENDA ITEM SUMMARY STAFF: Randy Maizland FORT COLLINSCOUNCIL Second 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 This Ordinance, unanimously adopted on First Reading on December 1,2009,vacates an unused section of right-of- way on Harmony Road, adjacent to the Harmony Ridge Subdivision, east of Seneca Street. 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 Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- December 1, 2009. (w/o original attachments) ATTACHMENT 1 DATE: December 1, 2009 AGENDA ITEM SUMMARY STAFF: Randy Maizland FORT COLLINSCOUNCIL 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 ,t�jr� Ilr�� —1 a7 7 With the realignment of West Harmony.Roadebetween/Regency Drive id Taft Hill Road, this portion of the "Old" Harmony Road right-of-way was left over a's an 'u ed 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 P� I/�\1 �1 �( 7 Staff recommends adoption of the OrI finance on First Re�di 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 v 1. Vicinity Map \� 2. Site Map 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 l st day of December, A.D. 2009, and to be presented for final passage o 15th day of December, A.D. 2009. 3 I � Mayor ATTEST: 1 City Clerk Passed and adopted on final reading on the 15th day of December, A.D. 2009. Mayor ATTEST: City Clerk