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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/20/2013 - SECOND READING OF ORDINANCE NO. 105, 2013, VACATINDATE: August 20, 2013 STAFF: Sheri Langenberger Andrew Gingerich AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 13 SUBJECT Second Reading of Ordinance No. 105, 2013, Vacating a Portion of Lady Moon Drive Right-of-Way as Dedicated on the Ricketts Harmony Minor Subdivision. EXECUTIVE SUMMARY The purpose of this item is to vacate a portion of right-of-way along Lady Moon Drive that is no longer necessary or desirable to retain for street purposes. In 1993, the Ricketts Harmony Minor Subdivision, located southeast of Harmony Road and Lady Moon Drive, platted two lots and dedicated additional right-of-way for Cambridge Avenue (now known as Lady Moon Drive). Cambridge Avenue was realigned and constructed in its current alignment with the approval of Harmony Technology Park Second Filing Development Plans on the west side of Cambridge Avenue, which left the portion to be vacated no longer necessary for street purposes. This Ordinance, unanimously adopted on First Reading on July 16, 2013, vacates this portion of Lady Moon Drive. The adjacent property owners have been contacted regarding this vacation and have no objections. 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. With this Ordinance, the entire area proposed to be vacated will be retained as a utility easement. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - July 16, 2013 (w/o attachments) COPY COPY COPY ATTACHMENT 1 DATE: July 16, 2013 STAFF: Sherri Langenberger Andrew Gingerich AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 19 SUBJECT First Reading of Ordinance No. 105, 2013, Vacating a Portion of Lady Moon Drive Right-of-Way as Dedicated on the Ricketts Harmony Minor Subdivision. EXECUTIVE SUMMARY The purpose of this item is to vacate a portion of right-of-way along Lady Moon Drive that is no longer necessary or desirable to retain for street purposes. In 1993, the Ricketts Harmony Minor Subdivision, located southeast of Harmony Road and Lady Moon Drive, platted two lots and dedicated additional right-of-way for Cambridge Avenue (now known as Lady Moon Drive). Cambridge Avenue was realigned and constructed in its current alignment with the approval of Harmony Technology Park Second Filing Development Plans on the west side of Cambridge Avenue, which left the portion to be vacated no longer necessary for street purposes. The adjacent property owners have been contacted regarding this vacation and have no objections. 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. With this Ordinance, the entire area proposed to be vacated will be retained as a utility easement. BACKGROUND / DISCUSSION The property adjacent to this portion of right-of-way is owned by one owner who is requesting the vacation. The site will be the future site of the Banner Health Medical Campus, which was approved at a Planning and Zoning Board public hearing on May 16, 2013. The vacation of this right-of-way does not impact the ability to develop or provide adequate access to this property in the future. FINANCIAL / ECONOMIC IMPACTS There is no financial impact to this decision. ENVIRONMENTAL IMPACTS There are no environmental impacts to the vacation of this portion of right of way. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. PUBLIC OUTREACH A memorandum requesting input was sent to the utility providers and potentially impacted City departments. The adjacent property owner and the person requesting the vacation are one in the same and thus no letters were sent to adjacent property owners. ATTACHMENTS 1. Location map ORDINANCE NO. 105, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING RIGHT-OF-WAY AS DEDICATED ON THE PLAT OF THE RICKETTS HARMONY MINOR SUBDIVISION WHEREAS, the plat of the Ricketts Harmony Minor Subdivision included dedication to the public of right-of-way for Cambridge Avenue (now Lady Moon Drive); and WHEREAS, Imago Enterprises, Inc. 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 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 a utility easement is reserved to the City; and WHEREAS, the rights of the residents of the City will not be prejudiced or injured by the vacation of said portion of street right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that a portion of Lady Moon Drive 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. Introduced, considered favorably on first reading, and ordered published this 16th day of July, A.D. 2013, and to be presented for final passage on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 20th day of August, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk DESCRIPTION OF A PORTION OF LADY MOON DRIVE TO BE VACATED A portion of Lady Moon Drive right-of-way to be vacated located in the Northeast Quarter of Section 4, Township 6 North, Range 68 West of the 6th P.M., City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the West line of the Northeast Quarter of Section 4 as bearing South 01°32'05" East and with all bearings contained herein relative thereto: COMMENCING at the North Quarter corner of Section 4; thence along the West line of the Northeast Quarter of Section 4, South 01°32'05" East, 498.47 feet to the POINT OF BEGINNING; thence, North 07° 38' 37" East, 213.16 feet to a point on the East right-of-way line of Lady Moon Drive; thence along said East line, South 01° 32' 05" East, 211.00 feet; thence continuing along said right-of-way line, South 89° 26' 08" West, 34.00 feet to the POINT OF BEGINNING, containing 3,587 square feet, more or less. LMS May 15, 2013 S:\Survey Jobs\306-003\Dwg\Exhibits\306-003 ROW Vacation.doc EXHIBIT A