HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/18/2001 - FIRST READING OF ORDINANCE NO. 214, 2001, VACATING AGENDA ITEM SUMMARY ITEM NUMBER: 20
DATE: December 18, 2001
FORT COLLINS CITY COUNCIL FROM: Sheri Wamhoff
SUBJECT:
First Reading of Ordinance No. 214, 2001, Vacating Two Portions of Right-of-Way as
Dedicated on the Plat of Rigden Farm, Filing One.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
The Rigden Farm development site is located south of Drake Road, east of Timberline Road and
east of Ziegler Road. As a part of Rigden Farm, Filing One it was anticipated that Custer Road
would extend easterly beyond Chase Drive and that an unnamed street would extend easterly
110 beyond Chase Drive between Custer Drive and Topeka Lane. Street stubs for both of these
anticipated streets were dedicated with Rigden Farm, Filing One. In Rigden Farm, Filing Six for
which an Administrative Hearing was held on December 11, 2001, the street stubs are no longer
needed and the streets are not planned to extend beyond Chase Drive. Therefore, the right-of-
way for the two street stubs is no longer necessary and is proposed for vacation at this time. As
there are currently utilities within the right-of-way, the area will be retained as a utility and
drainage easement.
All public and private utilities have been notified of the proposed vacation and they report no
objections.
ORDINANCE NO. 214, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING TWO PORTIONS OF RIGHT-OF-WAY AS DEDICATED ON
THE PLAT OF RIGDEN FARM, FILING ONE
WHEREAS, the plat of Rigden Farm, Filing One included dedication to the public of a
right-of-way which included dedication of certain rights-of-way for future street extensions; and
WHEREAS, the Administrative Hearing Officer is considering an application for
approval of a project development plan (PDP) for a project entitled "Rigden Farm, Filing Six",
which PDP plan plats property abutting said right-of-way; and
WHEREAS, the approval of the Rigden Farm, Filing Six necessitates the vacation of two
portions of the original right-of-way dedicated on the plat of Rigden Farm, Filing One which
portions are more particularly described on Exhibits "A" and "B", attached hereto and
incorporated herein by this reference; and
WHEREAS, said portions of right-of-way are no longer necessary or desirable to retain
for street purposes due to the approval of Rigden Farm, Filing Six which does not extend said
street stubs into the site; and
WHEREAS, pertinent City agencies and private utility companies have been contacted
and reported no objection to the proposed vacation, provided that utility and drainage easements
be reserved unto the City; and
WHEREAS, the right of the residents of the City of Fort Collins 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 portions of street right-of-way, more particularly described on Exhibits
"A" and "B", are hereby vacated, abated and abolished, reserving the same unto the City as
utility and drainage easements.
Introduced and considered favorably on first reading and ordered published this 18th day
of December, A.D. 2001, and to be presented for final passage on the 15th day of January, A.D.
2002.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of January, A.D. 2002.
Mayor
ATTEST:
City Clerk
Exhibit "A"
LEGAL DESCRIPTION J R ENGINEERING
PUBLIC RIGHT-OF-WAY VACATION
A TRACT OF LAND LOCATED IN THE EAST ONE-HALF OF SECTION 29, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE CITY OF
FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE NORTHWESTERLY LINE OF TRACT "M", RIGDEN FARM
FILING ONE, BEING MONUMENTED ON THE NORTHEASTERLY END BY A 1-1/2"
ALUMINUM CAP MARKED"LS 24307", AND ON THE SOUTHWESTERLY END BY.A 1-
1/2" ALUMINUM CAP MARKED "LS 24307", IS ASSUMED TO BEAR S60°00'00"W,
WITH A DISTANCE OF 101.47 FEET BETWEEN DESCRIBED MONUMENTATION, AS
SHOWN ON THE PLAT OF RIGDEN FARMS FILING ONE, RECORDED AS RECEPTION
NUMBER 99090056,LARIMER COUNTY RECORDS.
BEGINNING AT THE NORTHEASTERLY CORNER OF TRACT M, RIGDEN FARM
FILING ONE, RECORDED AS RECEPTION NUMBER 99090056, LARIMER COUNTY
RECORDS;
THENCE S60000'00"W, A DISTANCE OF 101.47 FEET,TO A POINT OF CURVE;
THENCE ON A CURVE TO THE LEFT HAVING A DELTA OF 85°56'55", A RADIUS OF
3.00 FEET, AN ARC DISTANCE OF 4.50 FEET, THE CHORD OF WHICH BEARS
S17-01'32"W, A DISTANCE OF 4.09 FEET;
THENCE N29030'15"W, A DISTANCE OF 64.50 FEET TO A POINT OF CUSP LYING ON
THE NORTHEASTERLY LINE OF SAID RIGDEN FARM FILING ONE;
THENCE ON SAID NORTHEASTERLY LINE, ON A NON-TANGENT CURVE TO THE
LEFT, HAVING A DELTA OF 94°03'05", A RADIUS OF 3.00 FEET, AN ARC DISTANCE
OF 4.92 FEET,THE CHORD OF WHICH BEARS S72°58'28"E,A DISTANCE OF 4.39 FEET;
THENCE N60000'00"E, CONTINUING ON SAID NORTHEASTERLY LINE, A DISTANCE
OF 105.05 FEET;
THENCE S25°56'55"E, CONTINUING ON SAID NORTHEASTERLY LINE, A DISTANCE
OF 58.65 FEET TO THE POINT OF BEGINNING;
CONTAINING A CALCULATED AREA OF 0.143 ACRES(6220 SQUARE FEET).
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Exhibit "A"
LEGAL DESCRIPTION STATEMENT
I, DAVID P. ROBERTS, A REGISTERED LAND SURVEYOR IN THE STATE OF
COLORADO, DO HE ATE THAT THE ABOVE LEGAL DESCRIPTION WAS
PREPARED BY dlti€p Y RESPONSIBLE CHARGE, AND ON THE BASIS OF
MY KNOWLED BELIEF, IS CORRECT.
3 r Z OCi G/
DAVID P. ROB ',.PRO ES LAND SURVEYOR DATE
COLORADO P.L. �2825 gJ
FOR AND ON BE GINEERING,LLC
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY JR ENGINEERING TO DETERMINE
OWNERSHIP OF THIS TRACT OR VERIFY EASEMENTS OF RECORD.IR ENGINEERING AND THE SURVEYOR OF
RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND
RECOMMENDS CONSULTATION WITH AN ATTORNEY.
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Exhibit "A"
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Exhibit "B"
LEGAL DESCRIPTION j R ENGINEERING
PUBLIC RIGHT-OF-WAY VACATION
A TRACT OF LAND LOCATED IN THE EAST ONE-HALF OF SECTION 29,TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, IN THE CITY OF
FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE NORTHWESTERLY LINE OF TRACT "M", RIGDEN FARM
FILING ONE, BEING MONUMENTED ON THE NORTHEASTERLY END BY A 1-1/2"
ALUMINUM CAP MARKED"LS 24307", AND ON THE SOUTHWESTERLY END BY A 1-
I/2" ALUMINUM CAP MARKED "LS 24307", IS ASSUMED TO BEAR S60°00'00"W,
WITH A DISTANCE OF 101.47 FEET BETWEEN DESCRIBED MONUMENTATION, AS
SHOWN ON THE PLAT OF RIGDEN FARMS FILING ONE, RECORDED AS RECEPTION
NUMBER 99090056, LARIMER COUNTY RECORDS.
COMMENCING AT THE NORTHEASTERLY CORNER OF TRACT M, RIGDEN FARM
FILING ONE, RECORDED AS RECEPTION NUMBER 99090056, LARIMER COUNTY
RECORDS;
THENCE ON THE NORTHEASTERLY LINE OF SAID RIGDEN FARM FILING ONE, THE
FOLLOWING FOUR COURSES:
1. N25056'55"W, A DISTANCE OF 58.65 FEET;
2. S60°00'00"W, A DISTANCE OF 105.05 FEET TO A POINT OF CURVE;
3. ON A CURVE TO THE RIGHT HAVING A DELTA OF 94°03'05", A RADIUS OF 3.00
FEET, AN ARC DISTANCE OF 4.92 FEET, THE CHORD OF WHICH BEARS N72°58'28"W,
A DISTANCE OF 4.39 FEET,TO A POINT OF TANGENT;
4. N25056'55"W,A DISTANCE OF 237.10 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING N25056'55"W, A DISTANCE OF 61.00 FEET;
THENCE ON A NON-TANGENT CURVE TO THE LEFT, HAVING A DELTA OF
90000'00", A RADIUS OF 3.00 FEET, AN ARC DISTANCE OF 4.71 FEET, THE CHORD OF
WHICH BEARS S70056'55"E,A DISTANCE OF 4.24 FEET;
THENCE N64°03'05"E, A DISTANCE OF 21.50 FEET;
THENCE S25056'55"E,A DISTANCE OF 55.00 FEET;
THENCE S64003'05"W,A DISTANCE OF 21.50 FEET;
THENCE ON A CURVE TO THE RIGHT HAVING A DELTA OF 90000'00", A RADIUS OF
3.00 FEET, AN ARC DISTANCE OF 4.71 FEET, THE CHORD OF WHICH BEARS
S 19003'05"W,A DISTANCE OF 4.24 FEET TO THE POINT OF BEGINNING;
CONTAINING A CALCULATED AREA OF 0.031 ACRES(1351 SQUARE FEET).
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Exhibit "B"
LEGAL DESCRIPTION STATEMENT
I, DAVID P. ROBERTS, A REGISTERED LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREB STATE THAT THE ABOVE LEGAL DESCRIPTION WAS
PREPARED BY M Y RESPONSIBLE CHARGE, AND ON THE BASIS OF
MY KNOWLED L BELIEF, IS CORRECT.
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DAVID P. ROB �S;PROFESSLO LAND SURVEYOR DATE
COLORADO P. 1•?.Z�25•' Q
FOR AND ON BE INEERING,LLC
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE SEARCH BY 1R ENGINEERING TO DETERMINE
OWNERSHIP OF THIS TRACTOR VERIFY EASEMENTS OF RECORD.IR ENGINEERING AND THE SURVEYOR OF
RECORD ASSUMES NO RESPONSIBILITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND
RECOMMENDS CONSULTATION WITH AN ATTORNEY.
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Exhibit "B"
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Vicinity Map 11/121o1 N
Mght-of-Way Vacations
Rigden Farm Filing One
Not to Scale