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HomeMy WebLinkAboutEVERGREEN PARK SECOND - Filed EV-EASEMENT VACATION - 2003-10-20O O RESOLUTION NO. PZ96-5 OF THE PLANNING AND ZONING BOARD OF THE CITY OF FORT COLLINS VACATING A 6 FOOT WIDE UTILITY EASEMENT AS ORIGINALLY PLATTED ON LOT 4, BLOCK 4, REPLAT OF EVERGREEN PARK, SECOND FILING wi s WHEREAS, Section 2-353 (4) of the Code of the City of Fort Collins authorizes the Planning and Zoning Board to vacate certain easements and rights of -way, by resolution or by approval of replats containing notation of such vacation; and WHEREAS, the Owner of Lot 4, Block 4, Replat of Evergreen Park, Second Filing, has requested the vacation of utility easement, more particularly described on Exhibit "A", attachied hereto and incorporated herewith by this reference; and J WHEREAS, the Owner is proposing to construct a dwelling unit on Lot 4; and 0 z WHEREAS, said dwelling unit encroaches into a portion of the originally platted 6 foot wide utility easement along the front of said Lot 4; and WHEREAS, the Owner has requested an easement vacation to eliminate said encroachment; and .o as WHEREAS, said easement is no longer necessary to retain since the City has excess utility easement adjacent to Redwood Street due to the City recently vacating a portion of the Redwood Street right-of-way adjacent to said Lot 4 and retaining the a same for utility and drainage easement purposes; and v ,x a WHEREAS, all public and private utility agencies have been notified of the vacation request and report no objections. o C7 �x NOW, THEREFORE, be it resolved by the Planning and Zoning Board of the City u z of Fort Collins that the 6 foot wide utility easement area more particularly described on w Exhibit "A", attached hereto and incorporated herewith by this reference be and the y same hereby is vacated. Passed and adopted at a regular meeting of the Planning and Zoning Board of the City of Fort Collins held this 4th day of March, A.D. 1996. Chai an A T Secretary N A Y a� 3 0 � 0 E� o o� U � O W M U Q) N W O Y O N D. � N U 7 N O W � .� 10 � 0 0 U O W�`n Cc c w �w o v m w°�33z rq en_ - � a o o z° N 00 r M Y Q O N �m CA Li, oM 00 a Y DUI Y' y O CO M~ b Y P. G O N O O N W •� YOr 7 .y O �Up.O ryU+ U y N '� N O ❑ Zvi o N �Jq U U .C1 to W Y .17 U Y Y 0 w o 3 Y U W U O a o 3 O N O rq UP) Oy ^O W 0 Q U O •,7r Nviv N M N 2 W C O a RCPTN # 85065341 /27/85 10:30:55 # OF P..jES - 2 FEE - J. ULVANG, RECORDER - LARIMER COUNTY, CO. DOC. FEE- 8.00 ORDINANCE NO. 152, 1985 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A DRAINAGE EASEMENT IN EVERGREEN PARK, FILING NO. 2 WHEREAS, the Council of the City of Fort Collins has been petitioned to vacate a twelve foot (12') wide drainage easement located on Lots 11 & 12, Block 7, Evergreen Park, Filing No. 2, set forth in more particular below; and WHEREAS, the grading of Sitka Street has been revised conveying stormwater runoff to another area of the development alleviating the need for the drainage easement requested to be vacated; and WHEREAS, a new easement which will accommodate the revised drainway has been dedicated and is before Council for acceptance; and WHEREAS, all utilities have been contacted and have indicated no problems with the vacation; and WHEREAS, the rights of the residents of the City of Fort Collins will in no way be prejudiced or injured by this vacation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that that certain twelve foot (12') wide drainage easement located on Lots 11 & 1.2, Block 7, Evergreen Park, Filing No. 2, set out more particularly as follows, to wit: A tract of land located in the Northeast quarter of Section 1, Township 7 North, Range 69 West of the 6th P.M., Larimer County, Colorado, being located in the Plat of Replat of Evergreen Park Second Filing, a Plat of record with the Clerk and Recorder of said Larimer County, being 6.00 feet (measured at right angles) on each side of the following described centerline; Considering the West line of Lot 12, Block 7 of the said Plat of Replat of Evergreen Park Second Filing as bearing North OCP 11'52" West and with all bearings contained herein relative thereto; Commencing at the Southwest corner of said Lot 12, Block 7, the TRUE POINT OF BEGINNING of this description; thence along the said West line, North 00011'52" West 189.00 feet to a point which is 6.00 feet (measured at right angles) southerly of the northwest corner of said Lot 12 and to the terminus of said centerline. be, and the same hereby is, vacated, abated and abolished. 56.00 �N Introduced, considered favorably on first reading, and ordered published this 3rd day of December, A.D. 1985, and to be presented for final passage on the 17th day of December, A.D. 1985. ATTEST: City Clerk Passed and adopted on final reading this 17th day of December, A.D. 1985. ATTEST:( City Clerk L-��r n �, �i, _ / ./J1�