HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/19/2011 - FIRST READING OF ORDINANCE NO. 049, 2011, VACATING DATE: April 19, 2011 M
STAFF: Andrew Carney • • •
First Reading of Ordinance No. 049, 2011,Vacating the Right-of-Way for Star Dust Lane as Dedicated on the Plat of
Willow Brook.
EXECUTIVE SUMMARY
In 2001, the Willow Brook Plat, located between Rock Creek Drive to the north and Kechter Road to the southeast
of Lady Moon Drive and west of Northern Lights Drive, platted several lots and public streets. Star Dust Lane was
originally dedicated to provide access to Parcels A and B, located southeast of Rock Creek Drive and Lady Moon
Drive. To date, neither Parcel A nor B have been developed. The property owner has requested that the Star Dust
right-of-way be vacated to allow the parcels to be replatted into 61 single family lots that will be served by three new
internal streets taking access off of Galileo Drive.
BACKGROUND / DISCUSSION
The property that Star Dust Lane would serve is currently going through the development review process and the
project is in final review. The proposed design provides access to the various lots with three new internal streets. The
vacation of this roadway does not impact the ability to develop or provide adequate access to this property in the future.
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 to the vacation.
ATTACHMENTS
1. Location map
ATTACHMENT 1
Right of Way Vacation of Star Dust Lane
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ORDINANCE NO. 049, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING THE RIGHT-OF-WAY FOR STAR DUST LANE AS
DEDICATED ON THE PLAT OF WILLOW BROOK
WHEREAS, on February 2, 2011, the Decision Maker under the Land Use Code approved
an application for approval of a project development plan (PDP) for a project entitled "Willow
Brook Filing No. 3", which PDP replats said property and right-of-way; and
WHEREAS, the original plat of Willow Brook PDP includes a dedication to the public of
right-of-way for Star Dust Lane; and
WHEREAS, the approval of Willow Brook Filing No. 3 necessitates the vacation of the
right-of-way for Star Dust Lane as dedicated on the plat of Willow Brook,which proposed vacation
is more particularly described on Exhibit "A", attached hereto and incorporated herein by this
reference; and
WHEREAS, said right-of-way is no longer necessary or desirable to retain for street
purposes due to the approval of Willow Brook Filing No 3, which does not utilize the prior street
layout; and
WHEREAS,pertinent City agencies and private utility companies have been contacted and
reported no objection to the proposed vacation; 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 the street right-of-way for Star Dust Lane, more particularly described on Exhibit
"A" attached hereto and incorporated herein by this reference, is hereby vacated, abated and
abolished.
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
EXHIBIT A
RIGHT OF WAY VACATION
FOR STARDUST LANE
WILLOW BROOK
THE RIGHT OF WAY FOR STAR DUST LANE AS SHOWN ON THE PLAT OF WILLOW BROOK
RECORDED AUGUST 27, 2001 UNDER RECEPTION NO. 2001075030 BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER OF SAID SECTION 4, A NO. 6 REBAR WITH ALUMINUM CAP,
L.S. 33193 IN MONUMENT BOX; THENCE SOUTH 54°20'52" EAST, A DISTANCE
OF 67.50 FEET TO THE NORTH LINE OF PARCEL A, WILLOW BROOK; THENCE SOUTH
88-36-36" EAST, ALONG THE NORTH LINE OF SAID PARCEL A, A DISTANCE OF 261.20 FEET
TO THE POINT OF BEGINNING;
THENCE SOUTH 88036'36" EAST, CONTINUING ALONG THE NORTH LINE OF SAID PARCEL
A, A DISTANCE OF 81.00 FEET TO THE BEGINNING OF A NON TANGENT CURVE TO THE
LEFT; 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 SUBTENDED BY A
CHORD WHICH BEARS SOUTH 46023'24". WEST, A CHORD DISTANCE OF 21.21 FEET;
THENCE SOUTH 01023'24" WEST, A DISTANCE OF 544.69 FEET TO THE BEGINNING OF A
TANGENT CURVE TO THE LEFT; 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
SUBTENDED BY A CHORD WHICH BEARS SOUTH 43036'36" EAST, A CHORD DISTANCE OF
21.21 FEET; THENCE NORTH 88°36'36" WEST, A DISTANCE OF 81.00 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE TO THE LEFT; THENCE 23.56 FEET ALONG THE
ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 15.00 FEET, A CENTRAL ANGLE
OF 90000'00", AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 46023'24" EAST,
A CHORD DISTANCE OF 21.21 FEET; THENCE NORTH 01°23'24" EAST, A DISTANCE OF
544.69 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT; THENCE 23.56 FEET
i ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 15.00 FEET, A
CENTRAL ANGLE OF 90000'00", AND BEING SUBTENDED BY A CHORD WHICH BEARS
NORTH 43036'36" WEST, A. CHORD DISTANCE OF 21.21 FEET TO THE POINT OF
BEGINNING.
SAID RIGHT OF WAY CONTAINS 29,502 SQUARE FEET (0.677 ACRES), MORE OR LESS.
BASIS OF BEARINGS: ASSUMED SOUTH 88°36'36" EAST ALONG THE NORTH LINE OF THE
SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 6 NORTH, RANGE 68 WEST OF THE 6T"
P.M., SAID LINE BEING MONUMENTED AT BOTH ENDS BY NO. 6 REBARS WITH 2 ''Y2"
ALUMINUM CAPS, L.S. 33193 IN MONUMENT BOXES. ALL BEARINGS SHOWN HEREON ARE
RELATIVE THERETO.
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