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HomeMy WebLinkAboutFIRST CHOICE BANK OF FORT COLLINS - Filed RV-ROW VACATION - 2004-03-29��fORT COf'rtNs PAGES r - F 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.