The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/03/2011 - SECOND READING OF ORDINANCE NO. 048, 2011, VACATIN DATE: May 3, 2011 STAFF: Sheri Langenberger - Second Reading of Ordinance No. 048, 2011, Vacating a Portion of Right-of-Way as Dedicated on the Plat of South College Commercial Subdivision. 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. This Ordinance, unanimously adopted on First Reading on April 19, 2011, vacates the portion of the Frontage Road that is the grassy area to the west of the paved travel way of the Frontage Road and the sidewalk. Vacations of public right-of-way are governed by City Code Section 23-115, which provides for an application and review process prior to submission to the City Council for formal consideration. The process includes review by potentially affected utility agencies,City staff,emergency service providers,and affected property owners in the vicinity of the right-of-way proposed to be vacated. This review process was followed in connection with this proposal, and based on comments received, the City Engineer has recommended that the vacation be approved. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary-April 19, 2011 (w/o attachments) ATTACHMENT 1 DATE: April 19, 2011 1 A STAFF: Sheri Langenberger • - • • First Reading of Ordinance No. 048, 2011, Vacating a Portion of Right-of-Way as Dedicated on the Plat of South College Commercial Subdivision. EXECUTIVE SUMMARY r----'_, In t7 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 .00llege 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 property will 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 vacated will be retained as a utility easement and the eastern ten (10) feet will be reta ined as ah access e5s1e�ment. U�' LJ LJ 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 andthe�eastern-ten\(\10)feet�is retained as an access easement to facilitate any future changes to the sidewalk or Frontage Road th y occur. . Y ATTACHMENTS 1. Location map 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. yor ATTEST: OF pORT�,� e•ee•ee• 1 a°' ••oe A WEA :� City Clerk •c'-•.e.••°p• �LORP�� Passed and adopted on final reading on the 3rd day of May, A.D. 2011. Mayor ATTEST: City Clerk ADDRESS: PHONE:970.121.4158 NORTHERN 2005.CallegeAve.Suite 100 WEBSIIE: ENGINEERING Fort Collins,CO 80524 FAX:970.221.4159 www.northernengineering.asm Exhibit "k" 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`t'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 Comer 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 e13'18"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 44e49'18"East, 21.18 feet; thence, South 00°05'I2"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 S:\SurveyJobs1110.048\DwglEzhibits1110-04LROW Vacation.doc �0 L/C p®ER'j:Fti� 37987 zi l....... pt ' sheet 1 of 2 Exhibit "A" RIGHT OF WAY VACATION EXHIBIT7 FBYEI� H COLLEGE AVENUE FRONTAGE ROAD VACATED RIGHT OF WAY G A PORTION OF THE NORTHEAST QUARTER OF SECTION 26, OWNSHIP Z NORTH, RANGE 69 WEST OF THE SIXTH P.M., F FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO. R=15.00' L=23.51' W.THUNDERBIRD DRIVE S89043480E n=89°4900" 5.05' Chord Bearing=S44049180E S89°43'48"E 639.62' Chord Length=21.18' NORTHEAST CORNER OF TRACT A uj o � N N TRACT A PLAT OF ? g SOUTH COLLEGE Z ' z o COMMERCIAL SUBDIVISION ¢p wa w W VACATED C) J RIGHT-OF-WAY O Q Z 5107sq.ft. F o LL m N - O L/Cp o O '9ER•'•4cY GD1��b rs<L'�o r 37987 =` 1'C7SIZShI:: 2 POINT OF ALtA� BEGINNING i0 N � M z Z S89043'47"E 637.59' _N TRACT B SOUTHEAST - to m PLAT OF CORNER OF TRACT A a 0 t BEING THE POINT SOUTH COLLEGE OF COMMENCEMENT z COMMERCIAL SUBDIVISION $ Q m SOUTHEAST CORNER OF TRACT 8 50 0 50 Feet ®NORTH ( NORTHERN IN FEET ) ENGINEERING 1 inch = 50 ft. R xecume.�srm wv".oanuia mrwa.aa b A00RESS: PHONE:970.221,4158 N O RT H iE R N 200 S.College Ave.Suife 100 mmortE: E N G IN E E!R ING Fort Collins,CO80524 FAX:910.221.4159 vnvvinorthernengineuing.som 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 00005'12'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 00105'12" East, 32.26 feet to the POINT OF BEGINNING; thence along the East line of said Tract A, North 11013'18"Wdst, 51.00 feet; thence departing said East line,North 00005'12" East, 256.88 feet;thence, along a non-tangent curve concave to the Southwest having a central angle of 709144"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 00005'12"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 S:\.Survey lobs\110-O480wg\Exhibits\110-048_EASEMENr.doc -sp0 LlC ��,�• 9E/Zjy:-tip i� 37987 = sheet 1 of 2 Exhibit "B" EASEMENT EXHIBIT AN EASEMENT 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. W.THUNDERBIRD DRIVE Delta=70631'440 R=15.00 L=18.48 Dir=N35'10'40'W S89°48'48"E 639.62' Chord=17.32 NORTHEAST CORNER OF TRACT A 19 EASEMENT 2780 sq.ft, io mto Ln N LINE OF ;r TRACT A EASTTRACT A N w PLAT OF N SOUTH COLLEGE to COMMERCIAL SUBDIVISION 10 Q O u, w 0_' Ww o O � UZ u- rn 0 o �00 Lic �p pvv s�Fa 37987 s i 1 ip',' •••-•• ' � POINT OF i(LArF BEGINNING n � Z 88904347"E 637.59' Zi ;u � w TRACT R SOUTHEAST m PLAT OF CORNER OF TRACT A o O BEING THE POINT p SOUTH COLLEGE OF COMMENCEMENT Z COMMERCIAL SUBDIVISION $ C o � SOUTHEAST CORNER OF TRACT 8 50 ° 50 Feet ®NORTH INORTHERN IN FEET ) 1 Inch v 50 N ENGINEERING . ENGINEERING R I N G f 2 sheet 2 0