HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/07/2006 - SECOND READING OF ORDINANCE NO. 168, 2006, VACATIN ITEM NUMBER: 11
AGENDA ITEM SUMMARY DATE: November7, 2006
FORT COLLINS CITY COUNCIL
STAFF: Randy Maizland
SUBJECT
Second 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.
REC
OMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on October 17, 2006, 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.
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 tempo(7,sOTIY ent 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.
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
P Y
October, A.D. 2006, and to be presented for final passage on the 7th day of November, A.D.
2006.
May
ATTEST:
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City Clerk
Passed and adopted on final reading on the 7th day of November, A.D. 2006.
Mayor
ATTEST:
City Clerk