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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/19/2011 - FIRST READING OF ORDINANCE NO. 048, 2011, VACATING DATE: April 19, 2011 AGENDA ITEM SUMMARY STAFF: Sheri Langenberger FORT COLLINSCOUNCIL First Reading of Ordinance No. 048, 2011, Vacating a Portion of Right-of-Way as Dedicated on the Plat of South College Commercial Subdivision. k EXECUTIVE SUMMARY In 1977, the South College Commercial Subdivision, located south of Thunderbird Drive and west of College Avenue, platted two tracts and public rights-of-way for South College Avenue Frontage Road and McClelland Drive, adjacent to the parcel. The portion of the Frontage Road requested for vacation is the grassy area to the west of the paved travel way of the Frontage Road and the sidewalk. The adjacent property owner is the party requesting the vacation. BACKGROUND / DISCUSSION The vacation of this propertywill allow the businesses within the buildings at the southwest corner of Thunderbird Drive and South College Ave to place signage within the grassy area to the west of the Frontage Road. This will also place the property line behind the sidewalk, which is consistent with the majority of the properties south of this site that are adjacent to the Frontage Road. With this Ordinance,the entire area proposed to be vacated will be retained as a utility easement and the eastern ten (10) feet will be retained as an access easement. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. PUBLIC OUTREACH 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 easement and the eastern ten(10)feet is retained as an access easement to facilitate any future changes to the sidewalk or Frontage Road that may occur. ATTACHMENTS 1. Location map Right of Way Vacation of a Portion of the South College Avenue Frontage Road I SKI F rlima It 60 W Thunderbird Dr. Np Q e I� � --- 1 Right of Way to be vacated � , • t �_ . ,, �.i � �-�_ .�, ;,. Irk 0 Or Io- rr� Ir CO 'r I m,I i lot d „ T �, _ � � " � . . ` . . :i••' Y i�) F.+i - � Y 1� '' - i •. 1 }-�,.r { a .� 1p � Sl,/_' - -- i III, lip „ t ,ram F E � •• 1 . 1 � ,} � I ! nT. I a SR" 1 (1 { a ' � - - • w_ I��a ,, + I +�. r •�. T } c� _ 3y 1 d t ; { t7 ;,lS . . ^fit r . w � . � M � f ` �1 . It ■' .� i U CIE. I- , - F A .< ,� Ei �: [ ei�E��klGfO 4 .W Harvard St . R . . . { _ fh At MINIM N Clty of A March 29 , 2011 Fort Collins 0 0. 01 0. 02 0. 04 Miles ORDINANCE NO. 048, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF RIGHT-OF-WAY AS DEDICATED ON THE PLAT OF SOUTH COLLEGE COMMERCIAL SUBDIVISION WHEREAS, the plat of South College Commercial Subdivision included a dedication to the public of right-of-way for the South College Avenue Frontage Road; and WHEREAS, Thunderbird Plaza LLC has requested that the City vacate a portion of this right-of-way; and WHEREAS, said portion of right-of-way is no longer necessary or desirable to be retained for street purposes; and WHEREAS, pertinent City agencies and private utility companies have been contacted and have reported no objection to the proposed vacation, provided that access and utility easements be reserved unto the City; 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 a portion of the South College Avenue Frontage Road right-of-way, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference, is hereby vacated, abated and abolished, reserving the same unto the City as a utility easement, and reserving the area more particularly described on Exhibit "B" as an access easement. Introduced, considered favorably on first reading, and ordered published this 19th day of April, A.D. 2011, and to be presented for final passage on the 3rd day of May, A.D. 2011. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 3rd day of May, A.D. 2011. Mayor ATTEST: City Clerk nE NORTHERN ADDRESS: PHONE: 970.221,4158 WEBSITE: 200 S, College Ave, Suite 100 ENGINEERING Fort Collins, 00 80524 FAX: 970.221 .4159 www.northernengineering.e m Exhibit " A " RIGHT OF WAY VACATION EXHIBIT Description: Right of Way Vacation A portion of South College Avenue Frontage Road right-of-way to be vacated, located in Section 26, Township 7 North, Range 69 West of the 6`h Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows : Considering the East line of the Plat of South College Commercial Subdivision as bearing North 00'05 ' 12" East and with all bearings contained herein relative thereto : Commencing at the Southeast Corner of Tract A of said Plat of South College Commercial Subdivision; thence, along the East line of said Tract A, North 00°05 ' 12" East, 32. 26 feet to the POINT OF BEGINNING; thence, continuing along the East line of said Tract A the following two courses and distances, North 11 013 ' 18" West, 102,00 feet; thence, North 00°05 ' 12" East, 207.74 feet to the Northeast Comer of said Tract A; thence, departing said East line, South 89°43 ' 48" East, 5 .05 feet; thence, along a curve concave to the Southwest having a central angle of 89°49 ' 00" with a radius of 15 .00 feet, an arc length of 23 . 51 feet and the chord which bears South 44°49 ' 18" East, 21 , 18 feet; thence, South 00°05 ' 12" West, 292.74 feet to the POINT OF BEGINNING. The above described portion of right-of-way to be vacated contains 5 , 107 square feet more or less. December 20, 2010 CNS SASurveyJobs1110-0481Dwg1ExhibitsX110-048.ROW Vacation.doc 0 Lfw • BE 4 pl a A 1 37987 = : 1 1 p L ••�� z��i K+': 4 I�� sheet 1 of 2 µ Exhibit " A " RIGHT OF WAY VACATION EXHIBIT SOUTH COLLEGE AVENUE FRONTAGE ROAD VACATED RIGHT OF WAY BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P,M. , CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, R=15 .00' L=23.51 ' W. THUNDERBIRD DRIVE S8904348"E A=89'49'00" 5.05' Chord Bearing=S44049'1 WE Chard Length=21 .18' S89043'48"E 639.62' NORTHEAST CORNER OF TRACT A t; o N N r � LLI TRACT A N N ti � s� PLAT OF o ` o 0 =.;m o SOUTH COLLEGE o w COMMERCIAL SUBDIVISION z Q O wU 4 wW VACATED 4y C ) Jd RIGHT-OF-WAYS O Z 5107 sq.ft. 3 LL v� .•fig�r, �is r �� �.Q ' s 37987 x ii 0 i POINT OF 'At LAt10 BEGINNING M Z S89043'47"E 637,59' w IY TRACT B SOUTHEAST ur LL PLAT OF _ CORNER OF TRACT A b O BEING THE POINT SOUTH COLLEGE OF COMMENCEMENT Z Cn COMMERCIAL SUBDIVISION $ Q 6 m 3 i r SOUTHEAST CORNER OF TRACT 8 A5 _a 50 0 sq Feet NORTH NORTHERN IN FEET ) ENGINEERING 0 1 inch = 50 ft. "' zmsu�,x..z amw nixrE:no.urwise rwsrouursv sheet 2 Of V/ ADDRESS: PHONE; 910.221.4158 NORTHERN wESSITE: 200 S. College Ave. Suite 100 ENGINEERING Fort Collins, CO 80524 FAX: 970.221 .4159 a nvwriorthernengineering.com Exhibit " B " EASEMENT EXHIBIT Description: Easement An easement located in Section 26 , Township 7 North, Range 69 West of the 6`h Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Plat of South College Commercial Subdivision as bearing North 00°05 ' 12" East and with all bearings contained herein relative thereto : Commencing at the Southeast Corner of Tract A of said Plat of South College Commercial Subdivision; thence, along the East line of said Tract A, North 00°05' 12" East, 32.26 feet to the POINT OF BEGINNING; thence along the East line of said Tract A, North 11 ° 13 ' 18" West, 51 .00 feet; thence departing said East line, North 00'0.5 ' 12" East, 256. 88 feet; thence, along a non-tangent curve concave to the Southwest having a central angle of 7091 ' 44" with a radius of 15.00 feet, an arc length of 18 .46 feet and the chord which bears South 35 ° 10' 40" East, 17. 32 feet; thence, South 00005912" West, 292.74 feet to the POINT OF BEGINNING. The above described easement contains 2,780 square feet more or less. March 4, 2011 LMS SASurvey Jobs\110-048\DwglExhibits\110-048,EASEMENT.doc � gp0 L/ 37987 3: : see 44 sheet 1 of 2 Exhibit " B " EASEMENT EXHIBIT AN EASEMENT BEING APORTION OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M ., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, W. THUNDERBIRD DRIVE Delta=70°31 '44" R=15.00 L=18.46 Dir.=N35010'4WW S89043'48"E 639.62' Chord=17.32 NORTHEAST CORNER OF TRACT A 10' EASEMENT 2780 sq.ft. 00 ' _ ao -- N EAST LINE OF TRACT A TRACT A w PLAT OF = ~ N SOUTH COLLEGE 10LU COMMERCIAL SUBDIVISION 10 Q w wQ_ r - W o O !- 0 z �� � � O N a - U In M U) O O 0 ticElllei, 00.�ab13ERr's�s�0 ? 37987 x `• z ad 0 W. �pMALLN � - POINT OF BEGINNING N N n Z S8904347"E 637.59' W Q w TRACT B SOUTHEAST Co PLAT OF CORNER OF TRACT A 0 BEING THE POINT SOUTH COLLEGE OF COMMENCEMENT Z S2 COMMERCIAL SUBDIVISION o m i SOUTHEAST CORNER OF TRACT B 50 0 4 Feet NORTH mommm NORTHERN ( IN FEET ) ENGINEERING 1 Inch = 50 ft. xmsram . xl. „ plgy[;9IQt21.liSlf/F:9IOIIIAI9