HomeMy WebLinkAboutFIRST CHOICE BANK OF FORT COLLINS - Filed RV-ROW VACATION - 2004-03-29��fORT COf'rtNs
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ORDINANCE NO. 41, 1995
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING PORTIONS OF EAST HORSETOOTH ROAD
AND MITCHELL DRIVE RIGHTS -OF -WAY
AND RETAINING THE SAME FOR UTILITY
AND DRAINAGE EASEMENT PURPOSES
WHEREAS, on March 30, 1995, the Planning Director approved the Minor Subdivision
entitled "First Choice Bank of Fort Collins, 1 st Filing", and;
WHEREAS, said Subdivision requires the construction of a retaining wall which encroaches
into portions of the rights -of -way for East Horsetooth Road and Mitchell Drive; and
WHEREAS, the Developer has dedicated additional rights -of -way for the construction of a
right turn lane from Horsetooth Road to Mitchell Drive; and
WHEREAS, those portions of said rights -of -way which are the subject of the above -
mentioned encroachment are not necessary for public street purposes; and
WHEREAS, it is necessary and desirable to eliminate the retaining wall encroachment and
excess rights -of -way by vacation of those portions of said rights -of -way, more particularly described
on Exhibit "A", attached hereto and incorporated herewith by this reference; and
WHEREAS, pertinent City agencies and private utility companies have been contacted and
report no objection to the proposed vacation upon the condition that said rights -of -way be retained
for utility and drainage easement purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the portions of rights -of -way for East Horsetooth Road and Mitchell Drive, more
particularly described on Exhibit "A", be, and the same hereby are, vacated, abated and abolished;
RESERVING, HOWEVER, unto the City an easement through, under and across the said area for
utility and drainage purposes.
Introduced, considered favorably on First Reading, and orde[4published this 18th day of
April, A.D. 1995, and to be presented for Final Passage on the 2nd day of May, A.D. 1995.�
(N—rayor
ATTEST:
YCity Clerk- "
Passed and adopted on Final Reading this 2nd day of M<- A.P. 1995.
ATTEST:
City Clerk
EXHIBIT "A"
Legal Description of Area of Mitchell Drive Right -of -Way Vacation:
A parcel of land being 4.50 feet in width located in the NW 1/4, Section 36, Township 7 North,
Range 69 West of the 6th P.M., City of Fort Collins, County of Latimer, State of Colorado and being
a portion of First Choice Bank of Fort Collins First Filing, a subdivision of record at Reception No.
94090591 of the records of said Latimer County and being more particularly described as follows:
Commencing for reference at the southeast comer of said subdivision; thence along the southerly line
of said subdivision N59 degrees, 24 minutes, 00 secondsW a distance of 35.45 feet to the point of
beginning of the herein described parcel of land; thence continuing along said southerly subdivision
line N59 degrees, 24 minutes 00 seconds W a distance of 5.23 feet to a point on the existing west
right-of-way line of Mitc'ell Drive; thence along said west right-of-way line N00 degrees, 00
minutes, 00seconds .E a distance of 246.09 feet; thence continuing along said west right-of-way line
along the arc of a curve to the left with a centeral angle of 89 degrees, 48 minutes, 00 seconds and
a radius of 25.00 feet a distance of 39.18 feet to a point on the existing south right-of-way line of
East Horsetooth Road; thence along said south right-of-way line S89 degrees, 48 minutes, 00
seconds E a distance of 20.41 feet; thence along the are of a curve to the right with a central angle
of 45 degrees, 34 minutes, 48 seconds and a radius of 30.00 feet a distance of 23.87 feet; thence
parallel with said existing west right-of-way line S 00 degrees 00 minutes 00 seconds W a distance
of 252.25 feet to the: point of beginning. Containing 1,299 square feet (0.030 acres) of land, more
or less.
together with a Legal Description of the Area of East Horsetooth Road Right -of -Way Vacation:
A parcel of land being 8.50 feet in width located in the NW 1/4, Section 36, Township 7 North,
Range 69 West of the 6th P.M., City of Fort Collins, County of Latimer, State of Colorado and being
a portion of First Choice Bank of Fort Collins, First Filing, a subdivision of record at Reception No.
94090591 of the records of said Latimer County and being more particularly described as follows:
Commencing for reference at the Northwest corner of said subdivision; thence S 45 degrees, 18
minutes, 00 seconds W a distance of 21.39 feet to the point of beginning of the herein described
parcel of land; thence parallel with the existing south right-of-way line of East Horsetooth Road, S
89 degrees, 48 minutes, 00 seconds E a distance of 301.29 feet; thence along the arc of a curve to
the right with a central angle of 44 degrees, 13 minutes, 12 seconds and a radius of 30.00 feet a
distance 23.15 feet; thence along said existing south right-of-way line N 89 degrees, 48 minutes, 00
seconds W a distance of 330.74 feet; thence N 45 degrees, 18 minutes, 00 seconds E a distance of
12.04 feet to the point of beginning. Containing 2,719 square feet (0.062 acres) of land, more or less.