HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/06/2001 - FIRST READING OF ORDINANCE NO. 24, 2001, VACATING AGENDA ITEM SUMMARY ITEM NUMBER: 21
FORT COLLINS CITY COUNCIL DATE: February 6, 2001STAFF:
Sheri Wamhoff
SUBJECT:
First Reading of Ordinance No. 24, 2001, Vacating a Portion of Right-of-Way for Brittany Drive.
RECOMMENDATION:
Staff recommends adoption of the Ordinance on First Reading.
EXECUTIVE SUMMARY:
On January 18,2000,the Planning and Zoning Board gave final approval to the Provincetowne PUD
Filing 2 located at the southwest corner of Lemay Avenue and Trilby Road. Certain street
improvements in the area were constructed with Special Improvement District#81 and the rights-of-
way for those streets dedicated by deed as part of the S.I.D. At that time it was anticipated that
future residential streets would intersect at particular locations along Brittany Drive and rights-of-
way for those future intersections were dedicated. However, the developer has since received final
approval of the Provincetowne PUD, Filing 2 which dedicates streets to serve the surrounding
property which intersects in a location other than anticipated on Brittany Drive. Therefore,the right-
of-way for the old intersection location is no longer necessary and is proposed for vacation at this
time. It should be noted that a similar vacation was done for Provincetowne PUD Filing 1 in 1993.
All public and private utilities have been notified of the proposed vacation and no objections were
reported.
• ORDINANCE NO. 24, 2001
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING PORTIONS OF THE RIGHT-OF-WAY
FOR BRITTANY DRIVE
WHEREAS, Special Improvement District #81 included dedication to the public by deed
of a right-of-way for Brittany Drive (recorded with the Latimer County Clerk and Recorder at
Reception No. 88013686) which included dedication of certain rights-of-way for future street
intersections; and
WHEREAS, the Planning and Zoning Board is considering an application for approval of
a final planned unit development plan for a project entitled "Provincetowne PUD, Filing 2",
which PUD plan plats property abutting said right-of-way for Brittany Drive; and
WHEREAS, the approval of the Provincetowne PUD Filing 2 necessitates the vacation of
portions of the original right-of-way dedicated for Brittany Drive more particularly described on
Exhibit "A", attached hereto and incorporated herein by this reference; and
WHEREAS, said portions of the Brittany Drive right-of-way are no longer necessary or
desirable to retain for street intersection purposed due to the platting of the new street rights-of-
way associated with the Provincetowne PUD Filing 2; and
WHEREAS, pertinent City agencies and private utility companies have been contacted
. and reported no objection to the proposed vacation, provided that a utility easement 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 for Brittany Drive, more particularly
described on Exhibit "A", are hereby vacated, abated and abolished, reserving the same unto the
City as a utility easement.
Introduced and considered favorably on first reading and ordered published this 6th day
of February, A.D. 2001, and to be presented for final passage on the 20th day of February, A.D.
2001.
Mayor
ATTEST:
City Clerk
•
Passed and adopted on final reading this 20th day of February, A.D. 2001.
Mayor
ATTEST:
City Clerk
EXHIBIT A
LEGAL DESCRIPTION: RIGHT-OF WAY VACATION
A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 13,TOWNSHIP 6 NORTH,RANGE
69 WEST OF THE SIXTH PRINCIPAL MERIDIAN,LARIMER COUNTY,COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 13;
THENCE SOUTH 44" 32'05" WEST A DISTANCE OF 1549.67 FEET TO A POINT AT THE BEGINNING OF
THE FIFTEENTH (15th) OR SOUTH 01-42' 37" WEST 30.00 FEET LINE OF A DEED RECORDED AMONG
THE RECORDS OF LARIMER COUNTY AS RECEPTION NO. 88013686 ON MARCH 28, 1988, SAID POINT
LYING ON THE WESTERLY R.O.W. LINE OF BRITTANY DRIVE;
THENCE SOUTH 01"42' 37" WEST ALONG SAID WESTERLY LINE A DISTANCE OF 9.57 FEET TO THE
POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID WESTERLY R.O.W.FOR THE FOLLOWING TWO(2)COURSES:
1. ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CHORD WHICH
BEARS SOUTH 370 31'04" EAST A DISTANCE OF 31.62 FEET,A RADIUS OF 25.00 FEET,A
CENTRAL ANGLE OF 780 27'22"AND AN ARC LENGTH OF 34.23 FEET TO A POINT OF
TANGENCY;
2. THENCE SOUTH 010 42'37"WEST ALONG SAID TANGENT LINE A DISTANCE OF 15.94 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CHORD WHICH BEARS NORTH
43017'23"WEST A DISTANCE OF 28.28 FEET,A RADIUS OF 20.00 FEET,A CENTRAL ANGLE OF 90"00'
00"AND AN ARC LENGTH OF 31.42 FEET;
THENCE NORTH 01"42'37" EAST A DISTANCE OF 20.43 FEET TO THE POINT OF BEGINNING.
PARCEL CONTAINS 371 SQUARE FEET(0.009 ACRES),MORE OR LESS.
BASIS OF BEARING:
CONSIDERING THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13 AS BEARING
NORTH 880 IT 23"WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO.
sheet 1 of 2
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EXHIBIT A sheet 2 of 2
THAT TRACT OF LAND LOCATED IN SECTION 13, TOWNSHIP 6 NORTH, RANGE
69 WEST OF THE 6TH PRINCIPAL MERIDIAN, LARIMER COUNTY, COLORADO. I
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