HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/17/2015 - FIRST READING OF ORDINANCE NO. 150, 2015, VACATINGAgenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY November 17, 2015
City Council
THIS ITEM HAS BEEN WITHDRAWN FROM CONSIDERATION
STAFF
Sheri Langenberger, Development Review Manager
SUBJECT
First Reading of Ordinance No. 150, 2015, Vacating Portions of Redwood Street Right-of-Way Consisting of a
Portion of Right-of-Way Dedicated on the Replat (No. 1) Evergreen Park plat; the Right-of-Way Dedicated at
Book 1607, Page 766 of the Larimer County Records; and a Portion of Right-of-Way Dedicated at Reception
No. 20060034597 of the Larimer County Records.
EXECUTIVE SUMMARY
The purpose of this item is to vacate portions of Redwood Street right-of-way, located at the northeast corner
of Linden/Redwood and Vine Streets, that are no longer needed and that do not contain the existing roadway.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In 1974, right-of-way for Redwood Street was dedicated by the subdivision plat Replat (No. 1) of Evergreen
Park and a separate deed. Utilities were installed within this right-of-way but a street was not constructed in
the portion of the right-of-way adjacent to Vine Drive.
Because the existing right-of-way did not align with the intersection of Linden Street and Vine Drive and would
create an undesirable offset, the City purchased property in 2000 which would allow for Redwood Street, upon
construction, to align with Linden Street. Right-of-way to facilitate this realignment was also dedicated by
subdivision plat of Old Town North, and a right-of-way dedication deed that was filed in 2006.
Redwood Street has been constructed and the right-of-way proposed to be vacated consists of (1) a portion of
the right-of-way dedicated by Replat (No. 1) of Evergreen Park; (2) the right-of-way dedicated by the deed filed
in 1974; and (3) a portion of the right-of-way dedicated by the deed filed in 2006. All the right-of-way proposed
to be vacated is located east of and adjacent to the existing roadway and is no longer needed as road right-of-
way from the prior alignment of Redwood Street.
The entire area will be retained as a utility easement due to the sanitary sewer main and other utilities that are
located within the land proposed for vacation.
The City Operation Services Department has requested that the City vacate the right-of-way at issue.
CITY FINANCIAL IMPACTS
There are no financial impacts to the vacation of this portion of right of way.
Agenda Item 11
Item # 11 Page 2
PUBLIC OUTREACH
A memorandum requesting input was sent to the utility providers, potentially impacted City departments and
Larimer County (the adjacent property owner). In addition, several meetings with Larimer County staff have
occurred regarding the proposed right-of-way vacation. No objection to the proposed vacation was received.
ATTACHMENTS
1. Location map (PDF)
Osia
nder S
t
P
asc
a
l St
Heschel St
Baum St
Caj
e
ta
n
St
Redwood St
Linden St
E Vine Dr
E Suni
g
a Rd
City of Fort Collins
Redwood Street Right of Way Vacation
Legend
Proposed Right of Way Vacation
/ 0 100 200 400 600 800
Feet
ATTACHMENT 1
ORDINANCE NO. 150, 2015
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING PORTIONS OF REDWOOD STREET RIGHT-OF-WAY CONSISTING OF A
PORTION OF RIGHT-OF-WAY DEDICATED ON THE REPLAT (NO. 1) EVERGREEN
PARK PLAT; THE RIGHT-OF-WAY DEDICATED AT BOOK 1607, PAGE 766 OF THE
LARIMER COUNTY RECORDS; AND A PORTION OF RIGHT-OF-WAY DEDICATED AT
RECEPTION NO. 20060034597 OF THE LARIMER COUNTY RECORDS
WHEREAS, in 1974, the plat of Replat (No. 1) Evergreen Park dedicated right-of-way
for Redwood Street to the City dedicated at Book 1597, page 128 of the Larimer County
Records; and
WHEREAS, in 1974, additional street right-of-way was dedicated to the City for
Redwood Street as described in the deed recorded at Book 1607, Page 766 of the Larimer
County, Colorado records; and
WHEREAS, in 2006, further street right-of-way was dedicated to the City as Redwood
Street as described in the deed recorded at Reception No. 20060034597 of the Larimer County,
Colorado records; and
WHEREAS, the City Operation Services Department has requested that the City vacate
portions of these rights-of-way, as referenced below and defined in the attached exhibits (the
“Rights-of-Way”); and
WHEREAS, said Rights-of-Way are no longer necessary or desirable to retain for street
purposes; and
WHEREAS, pertinent City agencies and private utility companies have been contacted
and reported no objection to the proposed vacation of the Rights-of-Way provided that a utility
easement be reserved unto the City; and
WHEREAS, the Rights-of-Way to be vacated are no longer needed for right-of-way
purposes, the right of the residents of the City of Fort Collins will not be prejudiced or injured by
the vacation of said street Rights-of-Way and it is in the public interest to do so; and
WHEREAS, the City Council is authorized to vacate City right-of-way pursuant to
Section 23-115 of the Fort Collins Municipal Code.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That the street right-of-way dedicated by Replat (No. 1) Evergreen Park,
more particularly described in Exhibit “A,” attached hereto and incorporated herein by reference,
is hereby vacated with the exception of a utility easement reserved to the City for public use and
encompassing the area described in Exhibit “A.”
Section 3. The street right-of-way dedicated at Book 1607, Page 766 of the Larimer
County, Colorado records, more particularly described on Exhibit “B” attached hereto and
incorporated herein by reference, is hereby vacated with the exception of a utility easement
reserved to the City for public use and encompassing the area described in Exhibit “B.”
Section 4. The street right-of-way dedicated at Reception No. 20060034597 of the
Larimer County, Colorado records, more particularly described on Exhibit “C,” attached hereto
and incorporated herein by reference, is hereby vacated with the exception of a utility easement
reserved to the City for public use and encompassing the area described in Exhibit “C.”
Introduced, considered favorably on first reading, and ordered published this 17th day of
November, A.D. 2015, and to be presented for final passage on the 1st day of December, A.D.
2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 1st day of December, A.D. 2015.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
EXHIBIT A
EXHIBIT B
EXHIBIT C