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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/04/2007 - FIRST READING OF ORDINANCE NO. 101, 2007, VACATING ITEM NUMBER: 21 AGENDA ITEM SUMMARY DATE: September4, 2007 FORT COLLINS CITY COUNCIL STAFF: Susan Joy SUBJECT First Reading of Ordinance No. 101, 2007, Vacating a Portion of Certain Right-of-Way Acquired by the City in Connection with the Feather Ridge Annexation, Strachan Farm Annexation and Harmony Annexation No. 4. RECOMMENDATION Staff recommends approval of the Ordinance on First Reading. EXECUTIVE SUMMARY The Hidden Pond Estates development site is located north of Harmony Road,east of Ziegler Road and south of Horsetooth Road. As a part of the Feather Ridge Annexation, Strachan Farm Annexation and Harmony Annexation Number 4,the City acquired certain street rights-of-way. At the Planning and Zoning Board hearing for Hidden Pond Estates, held on June 21, 2007, it was shown that the street is no longer needed and a private drive will be provided instead. Therefore, the right-of-way for the street is no longer necessary and is proposed for vacation at this time. While the right-of-way is being vacated,utility, drainage, access, and emergency access easements are being retained and there are no objections by public or private utilities. Right-of-Way Vacation m® Hidden Pond tea, n, Estates, PDP Proposed Are" n of N Right-of-Way Vacation FL FL 4Q' i¢ a�V J Hewlett- Packard E. Harmony Rd. Hidden Pond Estates, PDP Vicinity Map August 28, 2007 ORDINANCE NO. 101, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF CERTAIN RIGHT-OF-WAY ACQUIRED BY THE CITY IN CONNECTION WITH THE FEATHER RIDGE ANNEXATION, STRACHAN FARM ANNEXATION AND HARMONY ANNEXATION NO. 4 WHEREAS, through the annexation of certain properties by the City, which properties are known as the Feather Ridge Annexation, Strachan Farm Annexation and Harmony Annexation No. 4,the City acquired pre-existing public rights-of-way which included certain rights-of-way for future street extensions; and WHEREAS,the Planning and Zoning Board approved a project development plan(PDP)for a project entitled "Hidden Pond Estates", which PDP includes the platting of property abutting certain of said rights-of-way; and WHEREAS, the approval of the Hidden Pond Estates PDP necessitates the vacation of a portion of the rights-of-way acquired by the City pursuant to the aforesaid annexations, which portion is more particularly described on Exhibit"A",attached hereto and incorporated herein by this reference; and WHEREAS, said portion of right-of-way is no longer necessary or desirable to retain for street purposes due to the approval of Hidden Pond Estates PDP which does not include the extension of said street into the site; and WHEREAS,pertinent City agencies and private utility companies have been contacted and have reported no objection to the proposed vacation, provided that utility, drainage, access and emergency access easements be reserved unto the City; and WHEREAS, the right of the residents of the City of Fort Collins will not be prejudiced or injured by the vacation of said portion of 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 unto the Cityutility,drainage,access and emergency access easements therein. Introduced, considered favorably on first reading, and ordered published this 4th day of September, A.D. 2007, and to be presented for final passage on the 18th day of September, A.D. 2007. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 18th day of September, A.D. 2007. Mayor ATTEST: City Clerk EXHIBIT"A" LEGAL DESCRIPTION FOR A VACATED PORTION OF HIDDEN POND ESTATES SUBDIVISION. THAT PORTION OF THE WEST''/S OF SECTION 33,TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6 ..PRINCIPAL MERIDIAN, CONSIDERING THE WEST LINE OF THE NW'/< OF SAID SECTION 33 AS BEARING N 00007'10 W, AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. BEING MORE PARTICULARLY DESCRIBED BY THE FOLLOWING BOUNDARY LINES: COMMENCING AT THE W 1/4 CORNER OF SAID SECTION 33,THENCE ALONG SAID SECTION LINE S 00005'54"E 321.60 FEET;THENCE DEPARTING SAID SECTION LINE N 89°42'50"E 50.00 FEET TO THE EASTERLY RIGHT-OF-WAY OF ZIEGLER ROAD, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE ALONG THE NORTH LINE OF A PARCEL DESCRIBED IN BOOK 1395 PAGE 324 N 89°42'50"E 1165.10 FEET;THENCE S 00'07'10"E 30.00 FEET; THENCE S 45013'03"E 70.63 FEET;THENCE N 89°42'50"E 540.39 FEET;THENCE S 54032'10"E 51.36 FEET;THENCE S 89°42'50"W 594.49 FEET;THENCE N 45017'10"W 70.71 FEET;THENCE ALONG THE SOUTH LINE OF A PARCEL DESCRIBED IN BOOK 1644 PAGE 588 S 89042'50"W 1152.66 FEET TO THE EASTERLY RIGHT-OF-WAY OF ZIEGLER ROAD;THENCE N 00°05'54"W 60.00 FEET TO THE POINT OF BEGINNING. SAID PARCEI,CONTAINS 88,868 SQUARE FEET,MORE OR LESS Lgt1�•• 150 75 O 150 300 � . SCALE: 1"= 15U q N ROBERT SHIELDS SUBDIVISION r, � a +3m 02 mnCT N 33 u t ao �Tc HIDDEN POND z 19 ESTATES PDP � F O z < YELLOWSTONE C/RCLE 18 15 IL WROT A O W W O O PA RK E'TA E P U.D.n 16 47 u u H u u 41 1 M M Jl noru awT_m_wnr a nan waT-a-war PROPOSED AREA S LOT 2 OF ROW LOT / VACATION AND Y E EASEMENT DEDICATION PRESTON — KELLEY 2ND SUSD/V/S/ON f osl