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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/15/2009 - FIRST READING OF ORDINANCE NO. 093, 2009, VACATING ITEM NUMBER: 12 AGENDA ITEM SUMMARY DATE: September 15, 2009 FORT COLLINS CITY COUNCIL STAFF: Susan Joy SUBJECT First Reading of Ordinance No. 093, 2009,Vacating a Portion of Right-of-way for Redwood Street as Dedicated at Reception#2006-0034597 of the Larimer County Records. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. EXECUTIVE SUMMARY The right-of-way at Reception#2006-0034597 was dedicated in 2006 by the developer of Old Town North, in order to complete the construction of Redwood Street, from the development to Vine Drive. Additional land was needed to provide a second point of access into the development. The parcel dedicated was originally a small tract in the Evergreen Park Subdivision that the developer of Old Town North was able to obtain and dedicate to the City in order to construct Redwood Street. Some of the parcel that was dedicated is not needed for street purposes and the developer of Old Town North Sunterrace Townhomes has requested the vacation of a portion of the right-of-way to accommodate the setbacks needed for the proposed townhomes. All public and private utilities have been notified of the proposed vacation and they report no objections, provided the area is retained as a utility, drainage and sight-distance easement. The adjacent property owner is the developer requesting the vacation and has no objection to the vacation. ATTACHMENTS 1. Location map ATTACHMENT 1 QO IODI Q0 � o ROW to be vacated r and retained as a drainage, utility and sight-distance easement Ea .0 A August 21 , 2009 Request to Vacate a Portion of Redwood Street Right-of-Way N Fort Collins 0 w E /""� 80 160 320 Feet ORDINANCE NO. 093, 2009 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF RIGHT-OF-WAY FOR REDWOOD STREET AS DEDICATED AT RECEPTION #2006-0034597 OF THE LARIMER COUNTY RECORDS WHEREAS,certain land was dedicated to the City as street right-of-way for Redwood Street between Vine Drive and Osiander Street as described in that deed of dedication recorded at Reception#2006-0034597 of the Larimer County, Colorado, records; and WHEREAS, the developer of Old Town North, Second Filing, has requested that the City vacate this right-of-way; and WHEREAS, the Administrative Hearing Officer has approved an application for the final plan for a project entitled "Old Town North Sunterrace Townhomes," which plan plats property abutting the right-of-way for Redwood Street; and WHEREAS, the approval of the Old Town North Sunterrace Townhomes necessitates the vacation of a portion of the original right-of-way dedicated for Redwood Street more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the portion of the Redwood Street right-of-way is no longer necessary-or desirable to retain for street intersection purposes due to the actual alignment of the constructed street; 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, drainage and sight- distance easement be reserved unto the City as more particularly described on Exhibit`B",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 street right-of-way, more particularly described on Exhibit "A", is hereby vacated,abated,and abolished,reserving a utility,drainage,and sight-distance easement unto the City as more particularly described on Exhibit`B". Introduced, considered favorably on first reading, and ordered published this 15th day of September, A.D. 2009, and to be presented for final passage on the 6th day of October, A.D. 2009. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 6th day of October, A.D. 2009. Mayor ATTEST: City Clerk EXHIBIT "A" RIL SURVEYS 113 Cameron Drive,Suite B Fort Collins,Colorado 80525 TEL:(970)226-3007 FAX:(970)226-3027 DESCRIPTION OF AREA TO BE VACATED: A tract of land, being a portion of Tract E,Evergreen Park Subdivision, located in the South half of the Southwest quarter of Section 1, Township 7 North,Range 69 West of the 6th P.M.,Larimer County, Colorado,being more particularly described by the following boundary lines: Considering the West line of the Southwest quarter of said Section 1 as bearing N 00000'00"E, and with all bearings contained herein relative thereto, commencing at the Northeast corner of Old Town North Subdivision,which bears S 53°36'45"E 3203.97 feet from the West Quarter Corner of said Section 1;thence 229.85 feet along the arc of a curve to the right having a radius of 510.00 feet, a central angle of 25°49'21", and a long-chord which bears S 28°06'38"W 227.91 feet to the TRUE POINT OF BEGINNING,- thence 76.23 feet along the are of a curve to the right having a radius of 510.00 feet, a central angle of 08133'51" and a long-chord which bears S 31034'20"W 76.16 feet;thence S 60030'03" W 42.99 feet; thence N 51°13'01'W 39.18 feet;thence N 60°17'52"E 124.14 feet, more or less,to the POINT OF BEGINNING,containing 3127 square feet, more or less, and being subject to any easements,restrictions, or rights-of-way now existing, in use, or on record. 171. leis b 16 l `r sQ. rr{ W 15 d" Sa aFT. ,,, 14 0 P.O.B. % x b SQ.rr z73s / ti SQ. Fr. �- `• AREA TO BENACATED ±3127 SQU(tRE FEET C� s g2 00 O ^ • ti E � oo 6��_5 � S� s. 99 /• ASCALE: 1"=40' r • 1 EXHIBIT "B" R1L SURVEYS I13 Cameron Drive,Suite B - Fort Collins,Colorado 80525 TEL:(970)226,3007 FAX:(970)226-3027 DESCRIPTION OF AREA TO BE RETAINED AS A DRAINAGE, UTI7 ITYAND SIGHT-DISTANCE EASEMENT.- I I . A tract of land,being a portion of Tract E,Evergreen Park Subdivision, located in the South half of the Southwest quarter of Section 1, Township 7 North, Range 69 West of the 6"'P.M.,Larimer County, Colorado,being more particularly described by the following boundary lines: Considering the West line of the Southwest quarter of said Section 1 as bearing N 00°00'00"E, and with all bearings contained herein relative thereto, commencing at the Northeast corner of Old Town North Subdivision,which bears S 53136'45"E 3203.97 feet from the West Quarter Comer of said Section 1;thence 229.85 feet along the arc of a curve to the right having a radius of 510.00 feet, a central angle of 25°49'21", and a long-chord which bears S 28°06'38"W 227.91 feet to the TRUE POINT OF BEGINNING;thence 76.23 feet along the arc of a curve to the right having a radius of 5 10.00 feet, a central angle of 08°33'51" and a long-chord which bears S 31°34'20" W 76.16 feet;thence S 60030'03" W 42.99 feet; thence N 51°13'01" W 39.18 feet; thence N 60017'52"E 9.67 feet;thence S 51°13'01"E 22.31 feet; thence N 18°37'10"E 31.42 feet;thence N 60017'52"E 82.69 feet, more or less, to the POINT OF BEGINNING, containing 2800 square feet, more or less, and being subject to any easements, restrictions, or rights-of-way now existing, in use, or on record. i 17 ' 16 15 14 I 1 EA TO BE RNG. UI)L. &RETAINED E S AS G T DISTANCE EASEMENT y •� , ±2797 SQUARE FEET c , \ �/% SCALE: 1"=40'