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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 12/01/2015 - FIRST READING OF ORDINANCE NO. 156, 2015, CONDITIOAgenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY December 1, 2015 City Council STAFF Sheri Langenberger, Development Review Manager SUBJECT First Reading of Ordinance No. 156, 2015, Conditionally Vacating Certain Rights-of-Way Consisting of Portions of Prospect Court and the Alley as Dedicated on G.F. Wiard’s Additional Plat at Reception No. 231427 of the Larimer County Records and Flinn’s Resubdivision Plat of Lots 11, 12 and 13 in Block 1 of G.F. Wiard’s Addition at Reception No. 665972 of the Larimer County Records. EXECUTIVE SUMMARY The purpose of this item is to vacate portions of the alley and Prospect Court in the block south of Lake Street and north of Prospect Road that are no longer needed. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 1921 the land bounded by Lake Street, College Avenue, Prospect Road and the Union Pacific Railroad tracts was platted as G.F. Wiard’s Addition into multiple lots that included an alley right-of-way that runs north- south between Lake Street and Prospect Road. In 1953 a portion of this subdivision was replatted as Flinn’s Resubdivision of Lots 11, 12 and 13 in block 1 of G.F. Wiard’s Addition. As part of this replat, right-of-way for Prospect Court and additional widening to the alley was dedicated to the City. Prospect Court and the alley right-of-way have been utilized for access and utility services by the various adjacent lots since the alley was originally platted. Prospect Court and the alley are not paved improved roadways, they are currently gravel and dirt. Colorado State University (CSU) has requested the vacation of Prospect Court and a portion of the alley in this block as this is the site of CSU’s new Medical Center. The right-of-way vacation is needed in order to accommodate the new building footprint. A vehicular connection is no longer proposed from north to south through the block. The site plan advisory review for the CSU Medical Center was approved by the Planning and Zoning Board on October 8, 2015. The portion of the right-of-way adjacent to Prospect Road will be retained. As a part of the CSU Medical Center project the Prospect Road frontage will be widened and improved, and the right-of-way needed to accommodate these improvements will be retained as right-of-way. A portion of the northern portion of the alley is also proposed to be retained. There is one lot within this block that is not owned by CSU. A portion of the alley will remain in place in order to provide this lot with permanent access. As a part of the condition of this vacation, CSU will need to provide an access easement from the south end of the remaining alley through the parking lot and reconnecting to Lake Street west of the alley so that adequate access is provided. Agenda Item 10 Item # 10 Page 2 This request has been routed to utilities that identified utilities located within the right-of-way, and until the utilities have been relocated a utility easement will need to exist. The vacation will not become effective or be filed until the plat for the CSU Medical Center is filed. If the utilities have not been relocated by the time the plat is to be filed, a utility easement to accommodate the utilities will be provided on the plat and this easement will be vacated by separate document at a later date after the utilities have been relocated. PUBLIC OUTREACH A memorandum requesting input was sent to the utility providers, potentially impacted City departments, and the one adjacent property owner. ATTACHMENTS 1. Vicinity map (PDF) 2. Proposed CSU Medical Center with ROW vacation highlighted (PDF) E Prospect Rd W Prospect Rd SCollegeAve E Lake St Prospect C t W Lake St Tamasag Dr City of Fort Collins Prospect Court Right of Way Vacation 0 50 100 200 300 400 Feet Legend Proposed Right of Way Vacation / ATTACHMENT 1 SPAR Submittal Medical Center Site Plan 0’ 10’ 20’ 40’ NORTH 20’ R.O.W September September 28, 2, 2015 2015 2220’ ’ R.RRRR O. OOOO WWWWWWW ROW to be vacated proposed access easement ATTACHMENT 2 ORDINANCE NO. 156, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS CONDITIONALLY VACATING CERTAIN RIGHTS-OF-WAY CONSISTING OF PORTIONS OF PROSPECT COURT AND THE ALLEY AS DEDICATED ON G. F. WIARD’S ADDITION PLAT AT RECEPTION NO. 231427 OF THE LARIMER COUNTY RECORDS AND FLINN’S RESUBDIVISION PLAT OF LOTS 11, 12, AND 13 IN BLOCK 1 OF G.F. WIARD’S ADDITION AT RECEPTION NO. 665972 OF THE LARIMER COUNTY RECORDS WHEREAS, right-of-way was dedicated to the City pursuant to the G.F. Wiard’s Addition plat recorded on October 31, 1921, at reception number 231427 in the Larimer County Clerk and Recorder’s records; and WHEREAS, additional right-of-way was dedicated to the City pursuant to the Flinn’s Resubdivision plat of Lots 11, 12, and 13 of block 1 of G.F. Wiard’s Addition recorded on May 15, 1953, at reception number 665972 of the Larimer County Clerk and Recorder’s records; and WHEREAS, Colorado State University has requested that the City vacate portions of the aforementioned rights-of-way (such portions to be vacated hereinafter referred to as “Rights-Of- Way”) as more particularly described in Exhibit “A”, attached hereto and incorporated herein by reference; 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 is provided until such time as the utilities have been relocated; and WHEREAS, the City shall have no duty to maintain the existing roadways after the Ordinance becomes effective; and WHEREAS, the Rights-Of-Way to be vacated are no longer needed for right-of-way purposes, the rights 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 and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Rights-Of-Way consisting of the portions of Prospect Court and alley more particularly described on Exhibit "A," attached hereto and incorporated herein by this reference, are hereby vacated upon the satisfaction of all of the following conditions: (1) This vacation shall not take effect until this Ordinance is recorded with the Larimer County Clerk and Recorder; (2) This Ordinance shall be recorded concurrently with the subdivision plat for the development known as “Colorado State University Medical Center.” Such subdivision plat shall contain: a. An access easement dedicated to the public from the south end of the remaining alley curving west and reconnecting to Lake Street in a form satisfactory to the City Engineer after consultation with the City Attorney; and b. Utility easements dedicated to the public for any existing or proposed utilities within the boundaries of the plat in a form satisfactory to the City Engineer after consultation with the City Attorney; and (3) If this Ordinance is not so recorded by December 31, 2019, then this Ordinance shall become null and void and of no force or effect. Introduced, considered favorably on first reading, and ordered published this 1st day of December, A.D. 2015, and to be presented for final passage on the 15th day of December, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 15th day of December, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk ([KLELW$ 3 3 SDJHRI