HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/01/2010 - FIRST READING OF ORDINANCE NO. 071, 2010, VACATING DATE: June 1, 2010 1 9 A
STAFF: Susan Joy • • •
First Reading of Ordinance No. 071, 2010, Vacating a Portion of Right-of-way as Dedicated on the Plat Hearthfire
PUD, First Filing.
EXECUTIVE SUMMARY
This site is located south of Douglas Road and west of Turnberry Lane. Prior development proposals dedicated street
networks on Hearthfire PUD, First Filing and Richard's Lake PUD, Filing One. Since that time a development
proposal,Water's Edge,for which a Planning and Zoning Board hearing was held on January 18,2007,was submitted
which shows a different street layout than was originally platted. Therefore,a portion of the previously dedicated right-
of-way for the streets are no longer necessary and are proposed for vacation at this time.
BACKGROUND / DISCUSSION
Waxwing Lane was originally intended to connect two neighborhoods, Hearthfire and Richard's Lake. A portion of the
street was constructed to Hearthfire's property line with the intention that the rest of the street would be built when the
Richard's Lake subdivision was built. However, Richard's Lake PUD, Filing One never constructed the portion on its
property. With the reconfiguration of the streets under the Water's Edge development,Waxwing Lane will no longer
connect the two neighborhoods. Waxwing Lane will no longer need to be extended as originally proposed and the
developer of Water's Edge will remove the portion of the street constructed with Hearthfire between Barn Swallow
Circle and the eastern property line.The right-of-way vacations on Richard's Lake PUD, Filing One is proposed under
a separate ordinance.
This vacation is the first step in making it possible for the property to be replatted. At the time that the replat is
approved, the easements for access/utilities, etc., will be vacated by the planning hearing authority (Planning and
Zoning Board or Hearing Officer) and new rights-of-way will be dedicated.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
PUBLIC OUTREACH
The adjacent property owners have been notified of the proposed vacation and they report no objection to the vacation.
All public and private utilities have been notified of the proposed vacation and they report no objections, provided the
area is retained as an emergency access, access, drainage and utility easement.
ATTACHMENTS
1. Location map
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Right-of-Way Vacation
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May 14 , 2010
ORDINANCE NO. 071, 2010
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A PORTION OF RIGHT-OF-WAY AS DEDICATED
ON THE PLAT HEARTHFIRE P.U.D., FIRST FILING
WHEREAS, the plat of Hearthfire P.U.D., First Filing included dedication to the public
of right-of-way for Waxwing Lane; and
WHEREAS, the Planning and Zoning Board has considered an application for approval
of a project development plan (PDP) for a project entitled "Waters Edge", which PDP plan does
not extend Waxwing Lane past Barn Swallow Circle; and
WHEREAS, the approval of Waters Edge necessitates the vacation of certain portions of
Waxwing Lane that were dedicated on the plat of Hearthfire P.U.D., First Filing which portions
are more particularly described on Exhibit "A", attached hereto and incorporated herein by this
reference; and
WHEREAS, the replatting of the land for the Water's Edge PDP cannot proceed until the
existing rights-of-way have been vacated by the City Council; and
WHEREAS, upon approval of the replat, the approving authority under the Land Use
Code will vacate all easements not needed for the future development of Water's Edge; and
WHEREAS, the portions of the rights-of-way to be vacated are no longer necessary or
desirable to retain for street purposes due to the approval of Water's Edge which does not use
said street layout; and
WHEREAS, pertinent City agencies and private utility companies have been contacted
and have reported no objection to the proposed vacation, as long as easements for drainage,
utility, and access purposes, including emergency access, are reserved to the City; 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 Exhibit
"A" are hereby vacated, abated and abolished, reserving the same unto the City as easements for
drainage, utilities and access purposes, including, without limitation, emergency access.
Introduced, considered favorably on first reading, and ordered published this 1st day of
June, A.D. 2010, and to be presented for final passage on the 15th day of June, A.D. 2010.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 15th day of June, A.D. 2010.
Mayor
ATTEST:
City Clerk
EXHIBIT A
Description of Parcel
A portion of Waxwing Lane dedicated by Fleartlrfire P.U.D., First Filing as described under
reception number 97085048 of the.Larimcr County records and lying in the Southwest Quarter of
Section 30 Township 8 North, Range 68 West. of the Sixth Principal Meridian, City of .Fort
Collins,County of Larinier, State of Colorado,being more particularly described as follows:
Considering the West line of Lot 65 of said Hear1hfire P.IJ.D., First Filing, as bearing
Sot111100°00'00" East with all bearings contained herein relative thereto.
COH ENCING at the Northwest corner of said:Lot 65;
Thence South 00"00'00" East, along said West line of Lot 65, a distance of 47.95 feet to the
Northerly right-of-way of said Waxwing Lane and the POINT OF BEGINNINI G:
Thence along said Northerly right-of-way of Waxwing Lane the to nvo(2) coufses:
1. Along the arc of a curve to the tell having a central angle of 88"57'16", a radius of 9.50
feet, and an arc length of .14.75 feet, the chord of which bears South 44°28'38" East, a
distance of 13.3 l feet;
2. Along the arc of a reverse curve to the right having a central angle of21°33'24", a radius
of 268.50.feet, and an arc length of 101.02 feet, the chord of which.bens South 78"10'35"
East,a distance of 100.42 feet to the Southerlyi•ight-of-way of said Waxwing Lane;
Thence along said Southerly right-of way of Waxwing Lane the following two(2)courses:
L Along the arc of a non-tangent curve to the right having a central angle of 05'10",1", a
radius of 480.00 feet, and an arc length of 43.33 feet, the chord of which bears South
67°52'43" West, a distance of 43.32 feet; i
2. Continuing along the are of a curve to the right having a central angle of 08"21'43", a
radius of 480.00 feet, and an are length of 70.05 feet, the chord of which bears South
74°38'45"West, a distance of 69.99 feet'-
Thence North 00'00'00" Vilest,a distance of 64.92 feet to the PO:IN'r O.F BILCINNING;
The above described parcel contains a calculated area of 3,668 square feet or 0.084 acres, snore
or less and is subject to all easements and rights of way on record or existing.
Representation attached hereto and incorporated herein by reference.
a A'' .2s
Clan Warner
Colorado Professional Land Surveyor Registration Ntanber 28668
VA5287I Pacuve\f 3701019Dsurvcyflega1st 1019fry-i0%v-yac2-0 Ldoc April 13.2010
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Sheet 1 of 2
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EXHIBIT A
j PROPERTY DESCRIPTION
LOCATED IN THE SW 114, SEC. 30,T. 8 N., R. 68 W., 6TH PM
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
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A,,.Ey � ; 67
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66 HEARTHFIRE PUD
R tJ7 FIRST FILING j
z a POINT OF REC. N0. 97085�48
i Z V COMMENCEMENT
I 68 Wj NW CDR LOT G5
j m BASIS OF BEARINGS
LINE _-)1 65
47.95' 1/-POINT OF BEGINNING
�/ 6,
_J L-88.57'16" _
LR1475 �'� '� R=268.50'
CH8=5 28 1
44' 38 L=i
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I "�668s`SFa y.,v CHB=578'tC'35"E
WAXWING LANE CH=1331 �. 1
Nec co'oo w R=480.00'
64.92 - L=43.33'
TRACT E CHB=SE7'52'43"W
�8'2143" CH=43.32'
R=480.00'
L—70.0
CHB=S74'38'45"W
TRACT G CH-69.99' WAT ERq EDGE
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70' `rI ��"'�`\�•S� THIS REPRESENTATION DOES NOT
REPRESENT A MONLIMENTED LANL S'unVE Y.
IT IS INTENDED ONLY TO DEPICT
THE ATTACHED DESCRIPTION.
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