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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/03/2002 - FIRST READING OF ORDINANCE NO. 132, 2002, VACATING AGENDA ITEM SUMMARY ITEM NUMBER: 23 j FORT COLLINS CITY COUNCIL DATE: September 3, 2002FROM Marc Virata ( SUBJECT : First Reading of Ordinance No. 132, 2002, Vacating a Portion of Right-of-way for Rock Creek Drive and Retaining a Portion Thereof for a Utility Easement. i RECOMMENDATION: Staff recommends adoption of the Ordinance on First Reading. i I ` EXECUTIVE SUMMARY: This Ordinance will vacate a portion of right-of-way for Rock Creek Drive and retain a portion for a utility easement in order to eliminate the dedicated right-of-way "street stub". This right- of-way was originally intended for allowing the continuation of a public street south of Rock Creek Drive when the use of the property adjacent to the street stub was not known. With the Poudre School District proposing the 2004 High School without incorporating a public street connection, there is no longer a need for continuing this street and retaining right-of-way. A utility easement will be retained in order to ensure reservation for utility services is not compromised. I ORDINANCE NO. 132, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF RIGHT-OF-WAY FOR ROCK CREEK DRIVE AND RETAINING A PORTION THEREOF FOR A UTILITY EASEMENT WHEREAS, the Poudre School District has dedicated to the public a right-of-way for Rock Creek Drive (recorded with the Larimer County Clerk and Recorder at Reception No. 2001085351) which included dedication of certain right-of-way for a future street intersection; and WHEREAS, the Planning and Zoning Board has approved of the site plan advisory review for the project entitled "Poudre School District 2004 High School", for the development of property abutting said right-of-way for Rock Creek Drive; and WHEREAS, the approval of the Poudre School District 2004 High School necessitates the vacation of a portion of the original right-of-way dedicated for Rock Creek Drive more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, said portion of the Rock Creek Drive right-of-way is no longer necessary or desirable to retain for street intersection purposes due to the design of the approved Poudre School District 2004 High School; 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 easement be reserved unto the City; and WHEREAS, said utility easement is incorporated for reservation unto the City and is more particularly described on Exhibit "Al", attached hereto and incorporated herein by this reference; 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 portion of street right-of-way for Rock Creek Drive, more particularly described on Exhibit "A", is hereby vacated, abated and abolished, reserving unto the City as a utility easement a portion of this area, more particularly described on Exhibit "Al". • Introduced and considered favorably on first reading and ordered published this 3rd day of September, A.D. 2002, and to be presented for final passage on the 17th day of September, A.D. 2002. Mayor ATTEST: City Clerk Passed and adopted on final reading this 17th day of September, A.D. 2002. Mayor ATTEST: City Clerk . Exhibit"A" Right-of-Way Vacation (Rec. No. 2001085351) Rock Creek Drive A parcel of land located in the Southwest Quarter of Section 4, Township 6 North, Range 68 West of the 6" P.M., County of Latimer, State of Colorado, being more particularly described as follows: Commencing at the Center of said Section 4; Thence North 89°07'18" West along the North line of the Southwest Quarter of said Section 4, a distance of 1,334.84 feet; Thence South 00'52'42" West, a distance of 33.00 feet to the beginning of a non-tangent curve and the Point of Beginning; Thence 23.56 feet along the arc of said curve to the left, having a radius of 15.00 feet, a central angle of 90"00'00" and being sub-tended by a chord which bears South 45°52'42" West, 21.21 feet; Thence South 00°52'42" West, a distance of 20.00 feet; Thence North 89'07'18" West along a line parallel with and 68 feet south of the North line of the Southwest Quarter of said Section 4, a distance of 85.00 feet; Thence North 00'52'42" East, a distance of 20.00 feet to the beginning of a tangent curve; Thence 23.56 feet along the arc of said curve to the left, having a radius of 15.00 feet, a central angle of 90°00'00" and being sub-tended by a chord which bears North 44`07'18" West, 21.21 feet; Thence South 89°07'18" East along a line parallel with and . 33 feet south of the North line of the Southwest Quarter of said Section 4, a distance of 115.00 feet to the Point of Beginning. County of Larimer, State of Colorado. The above described parcel contains a gross area of 3,072 square feet (0.671 acres), more or less. WEST QUARTER CORNER SECTION 4, T6N, R68W #6 REBAR W/ 3 — 1/2" ALUMINUM CAP LS 22098 CENTER SECTION 4, T6N, PER ALTA SURVEY BY KING R68W #6 REBAR W/ 2 1/2" SURVEYORS INC. ALUMINUM CAP LS 14823 PER ALTA SURVEY BY KING SURVEYORS INC. S89'O7'18"E 2654.16' N LINE SW 1/4 L1 b 0 0 M tV ROCK CREEK DRIVE L4 L3 - - - - - - - - - C2 Cl POINT OF BEGINNING tV r O1 LINE TABLE ��'t LINE LENGTH BEARING a iO W N L1 1334.84 N89'0T18"W m v3i 3 L2 33.00 1 SOO'52'42"W OW N L3 87.50 N89'O7'18"W m "rl L4 115.00 S89'O7'1B"E - < w N OT 0 z SOUTH QUARTER CORNER SECTION 4, T6N, R68W CURVE TABLE LS 33642 PER ALTA SURVEY MAG NAIL W/ BRASS TAG CURVE LENGTH RADIUS DELTA Baring CHORD BY KING SURVEYORS INC. Cl 17.39 15.00 fi6'2519" S57'40'02"W 16,43 C2 17.39 15.00 66-25'.19" N55'5439"W 16.43 n EXHIBIT A LSHEETR DATE: O6/14/02 TIME: 9:44 a.mNETWORK; FCSADO ROCK CREEK DRIVE PATMj N:\FC0194\CA00\wrvev\BE v OxO 6N9 1REERIM0 DWG NAMES ET-EM-RCORI�E.DWG UTILITY EASEMENT/MT WNM m,OLw PLOT VIEW NONE ETSE»1NN00 R aod. Ak MkVLUOOM DESIGNER; jEP MGR, LAL PREPARED FOR: F. .RE SCHOOL DISTRICT DATE SUBMITTED: O6/13/029ii Exhibit L°All' Rock Creek Drive Utility Easement A parcel of land located in the Southwest Quarter of Section 4, Township 6 North, Range 68 West of the 6" P.M., County of Larimer, State of Colorado, being more particularly described as follows: Commencing at the Center of said Section 4; Thence North 89°07'18" West along the North line of the Southwest Quarter of said Section 4, a distance of 1334.84 feet; Thence South 00°52'42" West, a distance 33.00 feet to the beginning of a non-tangent curve and the Point of Beginning; Thence 17.39 feet along the arc of said curve to the left, having a radius of 15.00 feet, a central angle of 66°25'19" and being sub-tended by a chord which bears South 57°40'02" West, 16.43 feet; Thence North 89°07'18" West along a line parallel with and 42 feet south of the North line of the Southwest Quarter of said Section 4, a distance of 87.50 feet to the beginning of a non- tangent curve; Thence 17.39 feet along the arc of said curve to the left, having a radius of 15.00 feet, a central angle of 66'25'19" and being sub-tended by a chord which bears North 55'54'49" West, 16.43 feet; Thence South 89°07'18" East along a line parallel with and 33 feet south of the North line of the Southwest Quarter of said Section 4, a distance of 115.00 feet to the Point of • Beginning. County of Larimer, State of Colorado. The above described parcel contains a gross area of 857 square feet (0.020 acres), more or less. WEST QUARTER CORNER SECTION 4, T6N, R68W #6 REBAR W/ 3 1/2" ALUMINUM CAP LS 22098 CENTER SECTION 4, T6N, PER ALTA SURVEY BY KING R68W #6 REBAR W/ 2 1/2" SURVEYORS INC. ALUMINUM CAP LS 14823 PER ALTA SURVEY BY KING SURVEYORS INC. S89'07'18"E 2654.16' N LINE SW 1/4 Ll 33.00' J ROCK CREEK DRIVE L6 68.00' J J POINT OF BEGINNING L4 LINE TABLE I LINE LENGTH BEARING la,T 3 O` L1 1334.84 N89'07'18"W 00 N 3 L2 33.00 S00'52'42"W o z N L3 2000. S00'52'42"W W —` M L4 85.00 N89'07'18"W In W P L5 20.00 N00'52'42"E OT z L6 115.00 S89'07'18"E SOUTH QUARTER CORNER SECTION 4, T6N, R68W TAG CURVE TABLE LS 33642AIL PER ALTAASS SURVEY CURVE LENGTH RADIUS DELTA CH Bearing CHORD BY KING SURVEYORS INC. Cl 23.56 15.00 90'00'00" S45'52'42"W 21.21 C2 23.56 15.00 90'00'00" N44'07'18"W 21.21 a x �O� DATE: 06/I3/02 11ME: 114J a.m. EXHIBIT Al SHEET NUMBER NETWORK: FC51 PATH N,\FC0194\CADD\wmy% ROCK CREEK DRIVE 2 u N F V O N D " 4 i 1 N 1 p R I N 9 DWG NAMET—ROW—VAC—RCMIYE.D RIGHT OF WAY VACATION Or 2 SHEETS NI RVN iaw ORIYS MT Own aD wn PLOT VIEW; NONE NUMBER aom>twea �. A WMAKTILM DESIGNER`JEP _MGR LAL PREPARED FOR: Pu AE SCHOOL DISTRICT DATE SUBMITTED: 08/13/02 r0019401 Vacation of Rock Creek Drive Right-of-Way and Retention of a portion for Utility Easement P ROCK CREEK DRIVE PEE EER LILEO m` r CG r a 22 C G) KECHTER RD �® LLJ Area of Easement N to be Retained W E Right-of-Way S to be Vacated