Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/15/2017 - SECOND READING OF ORDINANCE NO. 097, 2017, VACATINAgenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY August 15, 2017 City Council STAFF Sheri Langenberger, Development Review Manager Brad Yatabe, Legal SUBJECT Second Reading of Ordinance No. 097, 2017, Vacating a Portion of Lincoln Avenue Right-of-Way Dedicated on the Fort Collins Original Town Plat Dated January 17, 1873, with the Reservation of a Drainage and Utility Easement. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on July 18, 2017, vacates a portion of Lincoln Avenue that is no longer necessary or desirable to retain for street purposes. During the design process for the Lincoln Corridor Improvements Project - Phase I, it was determined that there was a portion of right-of-way that was no longer necessary to retain. The request to vacate was made by the City of Fort Collins Engineering Department. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, July 18, 2017 (w/o attachments) (PDF) 2. Ordinance No. 097, 2017 (PDF) Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY July 18, 2017 City Council STAFF Sheri Langenberger, Development Review Manager SUBJECT First Reading of Ordinance No. 097, 2017, Vacating a Portion of Lincoln Avenue Right-of-Way Dedicated on the Fort Collins Original Town Plat Dated January 17, 1873, with the Reservation of a Drainage and Utility Easement. EXECUTIVE SUMMARY The purpose of this item is to vacate a portion of Lincoln Avenue that is no longer necessary or desirable to retain for street purposes. During the design process for the Lincoln Corridor Improvements Project - Phase I, it was determined that there was a portion of right-of-way that was no longer necessary to retain. The request to vacate was made by the City of Fort Collins Engineering Department. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION At its June 2, 2015, meeting, City Council appropriated funds for the design and construction of Lincoln Avenue improvements from 1st Street to Lemay Ave, and as a part of the 2017/2018 budget approval approved funds for the Lincoln Avenue bridge. It was determined during the design process that a portion of Lincoln Avenue right-of-way at the northwest corner of Lincoln Avenue and Willow Street will no longer be needed for street purposes. All street and sidewalk improvements placed within the right-of-way will be retained. Vacating public right-of-way is governed by City Code Section 23-115, which provides for an application and review process prior to submission to the City Council for formal consideration. The process includes notification and review of the request by potentially affected utility agencies, City staff, emergency service providers, and affected property owners adjacent to the proposed right-of-way vacation. This review process was followed and no objections to the vacation were made provided a drainage and utility easement is reserved by the City. PUBLIC OUTREACH A memorandum requesting input was sent to the utility providers, potentially impacted City departments and adjacent property owners. No response back was received from the property owners, but based on input by the utility providers and City departments the area will be retained as utility and drainage easement. ATTACHMENTS 1. Location map (PDF) ATTACHMENT 1 -1- ORDINANCE NO. 097, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF LINCOLN AVENUE RIGHT-OF-WAY DEDICATED ON THE FORT COLLINS ORIGINAL TOWN PLAT DATED JANUARY 17, 1873, WITH THE RESERVATION OF A DRAINAGE AND UTILITY EASEMENT WHEREAS, the Fort Collins Original Town plat, recorded at Book 1, Page 48, of the Larimer County Clerk and Recorder records, included dedication to the public of right-of-way for Lincoln Avenue; and WHEREAS, the City Engineering Department has filed an application with the City Engineer in accordance with City Code Section 23-115 requesting that the City vacate a portion of Lincoln Avenue right-of-way more particularly described on Exhibit “A” attached hereto and incorporated herein by this reference; and WHEREAS, said right-of-way is no longer necessary or desirable to retain for street purposes; and WHEREAS, the City Engineer has routed the vacation request to potentially affected City agencies, private utility companies, property owners in the vicinity, and emergency service providers and no objection to the proposed vacation has been received, provided that a drainage and utility easement be reserved unto the City; and WHEREAS, in accordance with City Code Section 23-115, the City Engineer recommended approval of the vacation to the Planning Development and Transportation Director, and the Director recommends to Council that the request for vacation be approved; and WHEREAS, 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. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: 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 City Council hereby finds and determines that the right-of-way for a portion of Lincoln Avenue more particularly described on Exhibit “A” is no longer needed for right-of-way purposes, with the exception of an easement across the entire area for drainage and utilities, and that it is in the public interest to vacate the same. Section 3. That the right-of-way described in Exhibit A is hereby vacated, abated, and abolished, with the exception of the reservation of a drainage and utility easement by the City for public use across the entire area described in Exhibit A, provided that this vacation shall not take effect until this Ordinance is recorded with the Larimer County Clerk and Recorder. -2- Section 4. That upon recording of this Ordinance with the Larimer County Clerk and Recorder, title to the vacated rights-of-way shall vest in accordance with C.R.S. Section 43-2- 302, with the exception of the drainage and utility easement reserved herein. Introduced and considered favorably on first reading and ordered published this 18th day of July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Passed and adopted on final reading this 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Exhibit A sheet 1 of 2 Exhibit A sheet 2 of 2