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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/17/2013 - SECOND READING OF ORDINANCE NO. 173, 2013, VACATINAgenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY December 17, 2013 City Council STAFF Marc Virata, Civil Engineer John Von Nieda, Chief Surveyor SUBJECT Second Reading of Ordinance No. 173, 2013, Vacating a Portion of College Avenue Right-of-Way Between Foothills Parkway and Monroe Drive. EXECUTIVE SUMMARY Ordinance No. 173, 2013, unanimously adopted on First Reading on December 3, 2013, vacates a portion of College Avenue right-of-way, correcting an error in Ordinance No. 098, 1973. This Ordinance vacates the remaining right-of-way that was intended to be vacated, and reserves an easement for utilities as originally intended in the 1973 Ordinance, whose legal description did not properly describe the intended area of right-of-way vacation for College Avenue. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, December 3, 2013 (w/o attachments) (PDF) 2. Ordinance No. 173, 2013 (PDF) Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY December 3, 2013 City Council STAFF Marc Virata, Civil Engineer John Von Nieda, Chief Surveyor SUBJECT First Reading of Ordinance No. 173, 2013, Vacating a Portion of College Avenue Right-of-Way Between Foothills Parkway and Monroe Drive. EXECUTIVE SUMMARY The proposed ordinance vacates a portion of College Avenue right-of-way, correcting an error in Ordinance No. 098, 1973 ("1973 Ordinance").The proposed ordinance vacates the remaining right-of-way that was intended to be vacated, and reserves an easement for utilities as originally intended in the 1973 Ordinance, whose legal description did not properly describe the intended area of right-of-way vacation for College Avenue. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In review of the Foothills Mall Redevelopment plans and plat, the City Surveyor discovered an error through research of previous recorded documents. In conjunction with development of the Foothills Mall, the 1973 Ordinance (approved by City Council on November 29, 1973) intended to vacate a portion of College Avenue right-of-way that was no longer needed for roadway purposes due to the elimination of a College Avenue frontage road. The legal description in the language of the 1973 Ordinance did not correctly describe the area to be vacated, and instead described a different area of vacation, offset thirty feet to the west from the intended vacation and did not extend an additional sixty feet to the south of the intended vacation. The approval of this proposed ordinance would vacate right-of-way to correspond with the intent of the 1973 Ordinance. 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 conjunction with review of the Foothills Mall Redevelopment Project Development Plan, and based on comments received; the Planning Development and Transportation Director recommended that the vacation be approved. With the proposed vacation, an easement for utilities would be retained, which preserves the right to utilize the vacated portion for this purpose, and is consistent with the action by City Council in the 1973 Ordinance. Approval of the plat for Foothills Mall Redevelopment subsequent to approval of this ordinance would vacate the utility easement, but then dedicates easement along College Avenue for access, transit, drainage, and utilities, in conjunction with the improvements outlined in the Foothills Mall Redevelopment plans. ATTACHMENT 1 Agenda Item 11 Item # 11 Page 2 FINANCIAL / ECONOMIC IMPACT If the portion of College Avenue right-of-way is vacated, the City will no longer be able to utilize the right- of-way for roadway purposes, but roadway purposes were no longer intended when the frontage road was eliminated. Ongoing maintenance of the area being vacated is the responsibility of the abutting property owner; however, with redevelopment of Foothills Mall, a metro district has been established and maintenance of the vacated area would be assigned to the metro district. PUBLIC OUTREACH A memorandum requesting input was sent to the abutting property owners, utility providers and potentially impacted departments. - 1 - ORDINANCE NO. 173, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF COLLEGE AVENUE RIGHT-OF-WAY BETWEEN FOOTHILLS PARKWAY AND MONROE DRIVE WHEREAS, Walton Foothills Holdings VI LLC, has requested that the City vacate a portion of College Avenue right-of-way between Foothills Parkway and Monroe Drive; and WHEREAS, said right-of-way is no longer necessary or desirable to retain for street purposes; and WHEREAS, said right-of-way was intended to be vacated with Ordinance No. 98, 1973; and WHEREAS, pertinent land owners, 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 by the City; and WHEREAS, the rights of the residents of the City will not be prejudiced or injured by the vacation of said street rights-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that a portion of College Avenue right-of-way, more particularly described on Exhibits "A" and “B” 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 3rd day of December, A.D. 2013, and to be presented for final passage on the 17th day of December, A.D. 2013. __________________________________ Mayor ATTEST: _______________________________ City Clerk - 2 - Passed and adopted on final reading on the 17th day of December, A.D. 2013. __________________________________ Mayor ATTEST: _______________________________ City Clerk