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HomeMy WebLinkAboutSUMMERHILL PUD - Filed RV-ROW VACATION - 2004-04-05ORDINANCE NO. 19, 1994 OF THE COUNCIL OF THE CITY OF FORT COLLINS o ca VACATING A PORTION OF STREET RIGHT-OF-WAY FOR UNDERHILL DRIVE AND RETAINING AN EASEMENT INTEREST THEREIN FOR PUBLIC ACCESS, UTILITY, AND DRAINAGE PURPOSES WHEREAS, the Council of the City of Fort Collins has received a request from the Developer of the Summerhill P.U.D. to vacate a portion of excess street right-of-way for Underhill Drive within said P.U.D., more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference; and r� w w WHEREAS, on November 15, 1993 the Planning and Zoning Board granted final approval to the Summerhill P.U.D. which replats a portion of Underhill P.U.D. to including said portion of the street right-of-way for Underhill Drive; and WHEREAS, Underhill Drive is no longer planned to extend as a public street beyond the New Mercer Canal and therefore the portion of said street right-of-way Ei adjacent to the New Mercer Canal, as described on Exhibit "A," is no longer °i necessary or desirable to retain for public street purposes; and U WHEREAS, pertinent City agencies and private utility companies have been o y, contacted and report no objection to the proposed vacation upon the condition E that said right-of-way be retained as an easement for public access, utility and a drainage purposes; and vo WHEREAS, the rights of the residents of the City of Fort Collins will not be prejudiced or injured by the vacation of said right-of-way, so long as an s11 easement is retained for public access, utility and drainage easement purposes. °'. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the portion of the street right-of-way for Underhill Drive which is a: described on Exhibit "A," attached hereto and incorporated herein by this o C. reference, is hereby vacated, abated, and abolished; RESERVING, HOWEVER, unto the City an easement. upon, across, over and under the said area for public access, v utility and drainage purposes. �w �a Introduced, considered favorably on first reading, and ordered published w this 15th day of February, A.D. 1994, and to be presented for final passage on ,7 the 1st day of March, A.D. 1994. } rn W w #z E+ O a Mayor aX ATTEST: Ci t\y�Clerk Passed and adopted on final reading this �iay of MarC� 1994. r ATTEST:IOLM t' City Clerk ^i?!OFF.^.. 'C�EtINS EXHIBIT "A" DESCRIPTION FOR UNDERHILL ROW VACATION A portion of land being in the Underhill at Fort Collins, Phase One, P.U.D. located in the Northwest Quarter of Section 22, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows: Considering the North line of the Northwest Quarter of said Section 22 as bearing South 89°28'00" East and with all bearings contained herein relative thereto: Commencing at the Northwest corner of said Section 22, thence along said North line of the Northwest Quarter, South 89028 00 East, 1521.66 feet; thence along the extension of and the East line of Underhill Drive, South 00°03'30" West, 197.42 feet; thence South 00°22'28" East, 193.43 feet to a point on a curve concave to the East having a central angle of 21°06'15", a radius of 145.00 feet and the chord of which bears South 10°55'36" East, 53.11 feet; thence along the arc of said curve and the East line of Underhill Drive 53.41 feet; thence, South 21°28'43" East, 30.13 feet to the POINT OF BEGINNING; thence continuing along said East line South 21°28'43" East, 19.87 feet to a point on a curve concave to the West having a central angle of 21*06' 15", a radius of 185.00 feet and the chord of which bears South 10°55'36" East, 67.76 feet; thence along the arc of said curve 68.14 feet; thence, South 00'22 28 East, 49.99 feet to a point on a curve concave to the West having a central angle of 14°27'36", a radius of 185.00 feet and the chord of which bears South 06'51'20" West, 46.56 feet; thence along the arc of said curve 46.69 feet; thence, South 80°39'52" West, 44.79 feet to a point on a curve concave to the West having a central angle of 21'30'44", a radius of 145.00 feet and the chord of which bears North 10°22'54" East, 54.12 feet; thence along the arc of said curve and the West line of Underhill Drive 54.44 feet; thence North 00°22'28" West, 49.99 feet to a point on a curve concave to the West having a central angle of 12°43'41", a radius of 145.00 feet and the chord of which bears North 06°44'19" West, 32.14 feet; thence along the arc of said curve 32.21. feet to a point on a curve concave to the Northwest having a central angle of 90°45'51", a radius of 41.00 feet and the chord of which bears North 23°54'12" East, 58.37 feet; thence departing said West line of Underhill Drive and along the arc of said curve 64.95 feet to the Point of Beginning. The above described land contains 0.137 acres and is subject to all easements and rights -of -way now on record or existing.