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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/06/2014 - SECOND READING OF ORDINANCE NO. 062, 2014, VACATINAgenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY May 6, 2014 City Council STAFF Helen Matson, Real Estate Services Manager SUBJECT Second Reading of Ordinance No. 062, 2014, Vacating a Portion of Street Right-of-Way Dedicated to the City in 1974 as Part of the Kmart Development. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on April 15, 2014, vacates a portion of dedicated street right-of-way that has not been constructed as a street and is no longer needed for public street purposes. The location of this street right of way is located at the rear of the building at 2505 South College Avenue and east of the railroad tracks. The property owners of 2505 South College Avenue have requested this vacation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, April 15, 2014 (w/o attachments) (PDF) 2. Ordinance No. 062, 2014 (PDF) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY April 15, 2014 City Council STAFF Helen Matson, Real Estate Services Manager SUBJECT First Reading of Ordinance No. 062, 2014, Vacating a Portion of Street Right-of-Way Dedicated to the City in 1974 as Part of the Kmart Development. EXECUTIVE SUMMARY The purpose of this item is to vacate a portion of dedicated street right-of-way that has not been constructed as a street and is no longer needed for public street purposes. The location of this street right of way is located at the rear of the building at 2505 South College Avenue and east of the railroad tracks. The property owners of 2505 S. College Avenue have requested this vacation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 1974, a deed recorded in Book 1605 at Page 310 dedicated a street right-of-way. The portion to be vacated is not currently constructed as a street and is no longer needed for public street purposes. With the vacation, the City will retain a utility easement. The applicant has ownership of the adjacent land. All public and private utilities were notified for the proposed vacation and they report no objections to the vacation request. 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 the same, so no letters were sent to adjacent property owners. ATTACHMENTS 1. Location Map (PDF) ATTACHMENT 1 - 1 - ORDINANCE NO. 062, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF STREET RIGHT-OF-WAY DEDICATED TO THE CITY IN 1974 AS PART OF THE KMART DEVELOPMENT WHEREAS, in 1974, a deed recorded in Book 1605 at Page 310 of the Larimer County Records dedicated to the City a street right-of-way located at the rear of the building at 2505 South College Avenue (Kmart store) and east of the Burlington Northern Santa Fe railroad tracks; and WHEREAS, a portion of that right-of-way is not currently used as a street and is no longer needed for public street purposes; and WHEREAS, the property owners of 2505 South College Avenue have requested that this portion of the right-of-way be vacated; and WHEREAS, pertinent land owners, City agencies, and private utility companies have been contacted and have 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 portion of dedicated street right-of-way located at the rear of the building at 2505 South College Avenue and east of the Burlington Northern Santa Fe railroad tracts, 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 15th day of April, A.D. 2014, and to be presented for final passage on the 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk - 2 - Passed and adopted on final reading on the 6th day of May, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk EXHIBIT A