HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/06/2009 - SECOND READING OF ORDINANCE NO. 093, 2009, VACATIN ITEM NUMBER: 10
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AGENDA ITEM SUMMARY DATE: October 6, 2009
FORT COLLINS CITY COUNCIL STAFF: Susan Joy
SUBJECT
Second 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 this Ordinance on Second Reading.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on September 15, 2009, vacates a portion
of the right-of-way,located on Redwood Street,between Cajetan and Osiander Streets,north of Vine
Drive. Some of the parcel that was dedicated as right-of-way is not needed for street purposes. 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.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - September 15, 2009.
(w/o original attachments)
ATTACHMENT
ITEM NUMBER: 12
AGENDA ITEM SUMMARY DATE: September 15, 2009
FORT COLLINS CITY COUNCIL STAFF: Susan Joy
SUBJECT
First Reading of Ordinance No. 0,93;a2009;Vacating-a=Portion-of-Right-of-way for Redwood Street
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as Dedicated at Reception#2006-00345.97 of the' Llari�mer County Records.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY
The right-of-way at Reception#2006-003459 wwas d d�ted ih 22006 by the developer of Old Town
North, in order to complete tlief construction o f)Red ow od Street, from the development to Vine
Drive. Additional land was needed-to/provide a second point&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
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 92006-0034597
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 Latimer 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 e th day of October, A.D. 20
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 6th day of October, A.D. 2009.
Mayor
ATTEST:
City Clerk