HomeMy WebLinkAboutWEST PLUM STREET - Filed RV-ROW VACATION - 2010-06-28ORDINANCE NO.063, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A PORTION OF RIGHT-OF-WAY AS DEDICATED
AT BOOK 1174, PAGE 543 OF THE LARIMER COUNTY RECORDS
WHEREAS, certain land was heretofore dedicated to the City as street right-of-way
along and to the south of Plum Street between Shields Street and City Park Avenue as described
in that certain deed of dedication recorded at Book 1174, Page 543 of the Larimer County,
Colorado records; and
WHEREAS, neighboring property owners have requested that the City vacate this right-
of-way; and
WHEREAS, said portion of right-of-way is no longer necessary or desirable to retain for
street purposes; and
WHEREAS, pertinent City agencies and private utility companies have been contacted
and reported no objection to the proposed vacation, provided that a utility easement be reserved
unto the City; and
WHEREAS, the right of the residents of the City of Fort Collins will not be prejudiced or
injured by the vacation of said street right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the portion of street right-of-way, more particularly described on Exhibit
"A" attached hereto and incorporated herein by this reference, is hereby vacated, abated and
abolished, reserving the same unto the City as a utility easement.
Introduced, considered favorably on first reading, and ordered published this 4th day of
April, A.D. 2006, and to be presented for final passage on th 8 day ofA 2
Mayor
EST:
, '\%� �k _VM
City Clerk
Passed and adopted on final reading on the 18th day of A 'l, A.D. 2006.
Mayor
WEST:
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City Clerk
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RIGHT-OF-WAY VACATION
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RIGHT -OF-WAY VACATION
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Ordinance No. 063,2006
Vicinity Map
1201 W. Plum Street (Town Square Condos)
March 20, 2006
6790 North Franklin Ave. `��v0�I N D Loveland, Colorado 80538 Is,
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TRADE W PH: (970) 222-5141 N,L
PfOjeCt SO1L1t1011S, LLC FX: (970) 224-2403
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LETTER OF TRANSMITTAL
DATE: December 22, 2005
TO: City of Fort Collins
FROM: Trade Wind Project Solutions, LLC.
PROJ: 1201 W. Plum Street and 813 Scott Ave. Vacation Study
RE: Vacation Documents
ENCLOSED ARE THE FOLLOWING:
Copies
Description
1
Vacation ROW letter, legal description, exhibits and supporting documents
Remarks:
Enclosed is the information for the Vacation of ROW Easements on the property located on 1201 W
Plum Street and 813 Scott Ave. in Fort Collins, Colorado. Included in the documentation is a letter of
overview and background of the site including contacts for the vacation study. Also included in the
package is the Exhibit of legal description and site map with support title documents.
Copy To: File
1�4e - -
Signed:
Scott M. Addington
Owner's Representa ve
Trade Wind Project Solutions, LLC.
6790 North Franklin Ave.
TRADE WIND Loveland, Colorado 80538
PH: (970) 222-5141
' \ - Project SolutiOAS, LLC FX: (970) 224-2403
Date: December 22, 2005
Re: 813 Scott Avenue and 1201 W. Plum Street Right of Way Vacation
From: Scott M. Addington, Trade Wind Project Solutions, LLC (Owner's Representative)
To: Engineering Department, City of Fort Collins, 281 North College Ave., Fort Collins, CO 80522
Overview and Backeround:
Over the last several years the Owner's of the property known as 813 Scott Avenue and 1201 W. Plum Street in
Fort Collins (Legal description as the Northeast Quarter of Section 15, Township 7 North, Range 69 West of
the 6' P.M., City of Fort Collins, County of Larimer County, State of Colorado) have faced a series of issues
with the apartments and dwellings on Scott Street. The property has been allowed to fall into disrepair and
much of the property has been vacated due to uninhabitable / condemned conditions of the dwellings. The
Property Owners would like to upgrade and renovate the site to become an asset to the area instead of the
depressing blight conditions that currently exist. In order for the Property Owners to better the site and/or
remove the existing structures and build new multifamily dwellings, the two right of ways outlined in the
exhibits would need to be vacated. Currently, the way the site is laid out with the 25-foot right of way access
easement on the west side of the property and the additional 5 foot easement on the east side of the property,
the site is too small to effectively build any new construction or renovated dwellings on the site. If the right of
way could be vacated, the owner could pursue renovation of the site and enhance the surrounding Campus
West area as well as provide more housing for the overgrowing CSU College environment. This improvement
would also be in accordance with City's current plan for densification of the area. As the site currently exists
with the additional 25 foot ROW to the west and the additional 5 foot easement to the east, no new
enhancement of the site can feasibly and cost effectively take place. If the easements are not returned to the
site, the existing blight conditions will most likely continue well into the future. It is our request that the City
removes the noted right of way (ROW) easements and allows the Property Owners to pursue a means to
enhance the use of the site for the future.
Included per the requirements by the City of Fort Collins are the ROW Legal descriptions, copies of title
documents, and supporting survey plot by Landmark Engineering, Ltd.
Contacts for the Vacation Request:
Owner's Representative: Scott M. Addington, Trade Wind Project Solutions, LLC., (970) 222-5141
Engineering Representative: Kimberly Lambrecht, Landmark Engineering Ltd. (970) 667-6286
City of Fort Collins Real Estate Contract: Helen Matson / Lindsey Kuntz (970) 221-6275
Additional City of Fort Collins Contact: Sherri Wamhoff
Attachments:
ROW Vacation Legal Description, exhibit and supporting documents.
Regar ,
Scott M ddington
December 16, 2005
Project No. MAXIID-5F11-01-610A2
EXHIBIT A
Legal Description of a Tract of land to be vacated on, over, and across a portion of the
Northeast Quarter of Section 15, Township 7 North, Range 69 West of the 61h P.M., City of
Fort Collins, County of Larimer, State of Colorado being more particularly described as follows:
Said Tract shall be all of Book 1174, Page 543, according to the records of the Clerk and
Recorder, said County;
And also,
The West 5.00 feet of the South 349.7 feet of Book 1322, Page 411 records of the Clerk and
Recorder, said County
121.10'
10' CITY OF FT. COLLINS 1174/544
25.00' EAST o 20.00'
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VACATION EXHIBIT MAP
BEING ALL OF BOOK 1174, PAGE 543
AND THE WEST 5' OF BOOK 1322,
PAGE 411 ALL LOCATED IN THE N.E. 1 /4
OF SECTION 15, TOWNSHIP 7 NORTH,
RANGE 69 WEST OF THE 6TH P.M., CITY
OF FORT COLLINS, COUNTY OF LARIMER,
STATE OF COLORADO.
Legal Description of a Tract of land
to be vacated on, over, and across
a portion of the
Northeast Quarter of Section 15,
Township 7 North, Range 69 West
of the 6th P.M., City of
Fort Collins, County of Lorimer,
State of Colorado being more
particularly described as follows:
Said Tract shall be all of Book
1174, Page 543, according to the
records of the Clerk and
Recorder, said County;
And also,
The West 5.00 feet of the South
349.7 feet of Book 1322, Page 411
records of the Clerk and
Recorder, said County
4
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1201 �f Ptdr STattf
whose addrsm i
Aoanty of Last I rc11
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COLORADO , for the co"daTidozC t:.
� ONC COLLAR AND
OTHER VALUILDLE OONGIOCRATIOND `�DopiSs.inhandyald,
hereby sell(s) and Quit claim (a) to THE CJ TY Of FORT COLLINS
A MUNICt►AL CORPORATION,
who%c addreea is
Conntv of LAM Iwee , and State of COLORA00 , the following real
pr.-,pertp, In the County of LARIMCR , and State of Colorado, to -wit:
,.ouMr Nc IN0 726.32' WEST ♦wo 719.4' NORTH OF THE SE coot. Of TNc
SEX or THE NEX Scc. 19-7-69, THCNct EART 121.1', SOUTH 10.0';
TH[N,t WEST 121 I'. THENCE NORTH 10.0' TO THE POINT OF BEGINNING.
;i o'r'6 all its appurtenances
nl'd thlB day of i,1 lg 62
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STATE OF COLORADO
County of LARIMER
The foregoing instrnmert was acknowledocd before we this
dmY of �,C /L Lt,. . 19 62 , by �'�,-1,..y i .ri..i�a,._.�_ •.�
Mye�rumg eion expires MY C07,1-11SSiOn prp!!rr
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h-zeby 941IM'sia gmtelli>titld io THE CITY OF, PORT COLLINS,
=z;nicipol corporstio,_^.
whose address is
County of Lor.':zar and State of Colorado the following real
propert,, in the County of Larivier and State of Colorado, to -wit:
Beginv(ng 605.22 feet West end 359.7 feet North of the Southeast corner of the
Northeast Quarter (KEk) of Section 15, Township 7 North, Range 69 West of the
'thenne West 25 feet, thence North 359.7 feet, thence East 25 feet,
Chance South 359.7 feat to the point of beginning; in the City of Fort Collins.
a
!I with all its appurtenances
1 1
I Signed this U.7 of March 1966
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STATE OF COI ORADO
r,zxntyof Laritzer
The foregoing instrument WMA acimowledged before me this _2
dayne -march 1966 by Willirm E. Gucb,her and Violet L. Cutscher.
xxpires
and official seal
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EXHIBIT A
A Tract of land to be vacated on, over, and across a portion of the Northeast Quarter of
Section 15, Township 7 North, Range 69 West of the 61" P.M., City of Fort Collins, County
of Larimer, State of Colorado being more particularly described as all of the land dedicated
to the City of Fort Collins a described in Book 1174, Page 543 of the Larimer County,
Colorado Records, reserving unto said City of Fort Collins the same as utility easement.
Sheet 1 of 2
Transportation Services
Engineering Department
City of Fort Collins
March 8, 2006
Scott Addington
Trade Wind Project Solutions, LLC.
6790 North Franklin Ave.
Loveland, Co 80538
RE: Row vacation request
Dear Scott,
The right-of-way vacation request that was submitted for right-of-way adjacent to 1201 W Plum Street and 813
Scott Ave has been reviewed by the City, and routed out for comments from potentially affected utility agencies,
city staff, emergency service providers and property owners.
The City reviewed the two areas requested for vacation and can only support the vacation of the western piece
of property (the 25 foot wide parcel dedicated in 1962 at Book 1174, Page 543). The 5 foot portion of Scott
Street requested for vacation can not be supported by the City. As redevelopment occurs in the Campus West
area it is anticipated that Scott Street will be constructed as a public street and will eventually connect Plum
Street and Elizabeth Street. The existing 25 feet of right-of-way is only about half the amount of right-of-way
currently needed for a local street. It is currently anticipated that the centerline of the street would fall
approximately along the eastern edge of this existing right-of-way and thus all the existing right-of-way would
probably be necessary for Scott Street.
Per the comments that we have received from the utilities and city departments the western parcel can be
vacated provided it is fully retained as a utility easement.
If you would like to proceed with the vacation of the western parcel (with the area being retained as a utility
easement) I need to the following items by Monday March 20`h for the vacation to go to City Council hearings
on April 4 and April 18
1. Updated legal and sketch for only the western parcel (the legal and sketch I have now includes both
parcels).
2. An electronic version of the legal description. This can be emailed to me (swamhoffgfc ov.com)
or provided on a cd or disk.
3. Prior to the second reading I will need a check for the filing fees made out to Larimer County Clerk
and Recorder. Once I receive the new legal description and sketch I can let you know what this
amount will be.
If I receive the information after March 20, I will schedule the items for the next possible City Council hearings.
Please let me know if you have any questions and whether or not you would like to proceed with this request. I
can be contacted at (970) 221-6605.
SincerelyZ
SFieri Wamhoff, Development Revie� anager
Cc: file
281 North College Avenue • P.O. Box 580 • Fort Collins, CO 80522-0580 • (970) 221-6605 • FAX (970) 221-6378
www.fcgov.com
City of Fort Collins
MEMORANDUM
TO:
Rich Stiverson, Qwest
Jim Dewilde, Xcel Energy 6,K-
Glen Schluter, Stormwater G k-
Roger Buffington, Water/ Wastewater C
Doug Martine, Light and Power Tvc-c�
Ron Gonzales, Poudre Fire Authority
Clark Mapes, Advanced Planning
Mark Jackson, Transportation Planning &kk ,o
FROM: Sheri Wamhoff, Development Review Engineer
DATE: Febuary 16, 2006
RE: REQUEST TO VACATE PORTIONS OF RIGHTS OF WAY
Attached for your review and comment is a sketch showing a right of way that was dedicated by
separate document in 1962 to the City of Fort Collins that is proposed for vacation. The right-of-
way to the east of this known as Scott Street is NOT proposed for vacation. The portion of right-
of-way proposed for vacation is not currently paved and/or constructed as a driveway or street.
The applicant is requesting this vacation as they plan to redevelop the site. At this point in time
no redevelopment plan has been submitted.
Please let me know if you have any problem with the right of way vacation and if any of it would
need to be retained as easement. Sign and return any comments to Sheri L. Wamhoff in the
Development Review Center by March 6, 2006. If we do not hear from you by this date, we will
assume you have no objections to the proposed vacation. Please call Sheri at 221-6750 if you
have any questions. Thank you.
No Problems
Problems/Concerns as follows:
281 North College Ave * P.O. Box 580 * Fort Collins, Co 80522-0580 * (970) 221-6605 * (970) 221-6378
City of Fort Collins
MEMORANDUM
TO: Roger Buffington, Water/ Wastewater
FROM: Sheri Wamhoff, Development Review Engineer
DATE: Febuary 16, 2006
RE: REQUEST TO VACATE PORTIONS OF RIGHTS OF WAY
Attached for your review and comment is a sketch showing a right of way that was dedicated by
separate document in 1962 to the City of Fort Collins that is proposed for vacation. The right-of-
way to the east of this known as Scott Street is NOT proposed for vacation. The portion of right-
of-way proposed for vacation is not currently paved and/or constructed as a driveway or street.
The applicant is requesting this vacation as they plan to redevelop the site. At this point in time
no redevelopment plan has been submitted.
Please let me know if you have any problem with the right of way vacation and if any of it would
need to be retained as easement. Sign and return any comments to Sheri L. Wamhoff in the
Development Review Center by March 6, 2006. If we do not hear from you by this date, we will
assume you have no objections to the proposed vacation. Please call Sheri at 221-6750 if you
have any questions. Thank you.
1-r
No Problems
Problems/Concerns as follows:
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VACATION EXHIBIT MAP
BEING ALL OF BOOK 1174, PAGE 543
LOCATED IN THE N.E. 1/4 OF SECTION
15,• TOWNSHIP 7 NORTH, RANGE 69
WEST OF THE 6TH P.M., CITY OF
FORT COLLINS. COUNTY OF LARIMER,
STATE OF COLORADO.
Legal Description of a Tract of land
to be vacated on, over, and across
a portion Of SoTownshipf the Northeast
Section 7North,
Range 69 West of the 6th P.M.,
City of Fort Collins, County of Lorimer,
State of Colorado being .more particularly
described as follows:
Said Tract shall be oil of Book 1174,
Page 543, according to the records
of the Clerk and Recorder, said County.
S.E. COR., N.E. 1/4
SEC. 15-7-69
726.
TITLE: VACATION EXHIBIT MAP
CLIENT: MAXIIIMO DEVELOPMENT GROUP
SCALE: 1 "=40' QATE: MAR. '0 PROJ. MAX1105F1101610A2
City of Fort Collins
MEMORANDUM
TO: Doug Martine, Light and Power
FROM: Sheri Wamhoff, Development Review Engineer
DATE: Febuary 16, 2006
RE: REQUEST TO VACATE PORTIONS OF RIGHTS OF WAY
Attached for your review and comment is a sketch showing a right of way that was dedicated by
separate document in 1962 to the City of Fort Collins that is proposed for vacation. The right-of-
way to the east of this known as Scott Street is NOT proposed for vacation. The portion of right-
of-way proposed for vacation is not currently paved and/or constructed as a driveway or street.
The applicant is requesting this vacation as they plan to redevelop the site. At this point in time
no redevelopment plan has been submitted.
Please let me know if you have any problem with the right of way vacation and if any of it would
need to be retained as easement. Sign and return any comments to Sheri L. Wamhoff in the
Development Review Center by March 6, 2006. If we do not hear from you by this date, we will
assume you have no objections to the proposed vacation. Please call Sheri at 221-6750 if you
have any questions. Thank you.
No Problems
Problems/Concerns as follows:
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RECEIVED
MAR 0 3 2006
MEMORANDUM
TO: Jim Dewilde, Xcel Energy
FROM: Sheri Wamhoff, Development Review Engineer
DATE: Febuary 16, 2006
RE: REQUEST TO VACATE PORTIONS OF RIGHTS OF WAY
Attached for your review and comment is a sketch showing a right of way that was dedicated by
separate document in 1962 to the City of Fort Collins that is proposed for vacation. The right-of-
way to the east of this known as Scott Street is NOT proposed for vacation. The portion of right-
of-way proposed for vacation is not currently paved and/or constructed as a driveway or street.
The applicant is requesting this vacation as they plan to redevelop the site. At this point in time
no redevelopment plan has been submitted.
Please let me know if you have any problem with the right of way vacation and if any of it would
need to be retained as easement. Sign and return any comments to Sheri L. Wamhoff in the
Development Review Center by March 6, 2006. If we do not hear from you by this date, we will
assume you have no objections to the proposed vacation. Please call Sheri at 221-6750 if you
have any questions. Thank you.
No Problems
11" Problems/Concerns as follows:
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NoNG
MEMORANDUM
TO: Dennis Greenwalt, Com Cast
FROM: Sheri Wamhoff, Development Review Engineer
DATE: Febuary 16, 2006
1'.E: RE, TO V ;GATE PORT1 `uS OF PJGHTS OF WAY
Attached for your review and comment is a sketch showing a right of way that was dedicated by
separate document in 1962 to the City of Fort Collins that is proposed for vacation. The right-of-
way to the east of this known as Scott Street is NOT proposed for vacation. The portion of right-
of-way proposed for vacation is not currently paved and/or constructed as a driveway or street.
The applicant is requesting this vacation as they plan to redevelop the site. At this point in time
no redevelopment plan has been submitted.
Please let me know if you have any problem with the right of way vacation and if any of it would
need to be retained as easement. Sign and return any comments to Sheri L. Wamhoff in the
Development Review Center by March 6, 2006. If we do not hear from you by this date, we will
assume you have no objections to the proposed vacation. Please call Sheri at 221-6750 if you
have any questions. Thank you.
No Problems
Problems/Concerns as follows:
C�
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281 North College Ave * P.O. Box 580 * Fort Collins, Co 80522-0580 * (970) 221-6605 * (970) 221-6378
City of Fort Collins
MEMORANDUM
TO: Mark Jackson, Transportation Planning
FROM: Sheri Wamhoff, Development Review Engineer
DATE: Febuary 16, 2006
RE: REQUEST TO VACATE PORTIONS OF RIGHTS OF WAY
Attached for your review and comment is a sketch showing a right of way that was dedicated by
separate document in 1962 to the City of Fort Collins that is proposed for vacation. The right-of-
way to the east of this known as Scott Street is NOT proposed for vacation. The portion of right-
of-way proposed for vacation is not currently paved and/or constructed as a driveway or street.
The applicant is requesting this vacation as they plan to redevelop the site. At this point in time
no redevelopment plan has been submitted.
Please let me know if you have any problem with the right of way vacation and if any of it would
need to be retained as easement. Sign and return any comments to Sheri L. Wamhoff in the
Development Review Center by March 6, 2006. If we do not hear from you by this date, we will
assume you have no objections to the proposed vacation. Please call Sheri at 221-6750 if you
have any questions. Thank you.
•:? No Problems
Problems/Concerns as follows:
281 North College Ave * P.O. Box 580 * Fort Collins, Co 80522-0580 * (970) 221-6605 * (970) 221-6378
MEMORANDUM
TO: Olen Schluter, Stormwater
FROM: Sheri Wamhoff, Development Review Engineer
DATE: Febuary 16, 2006
RE: REQUEST TO VACATE PORTIONS OF RIGHTS OF WAY
Attached for your review and comment is a sketch showing a right of way that was dedicated by
separate document in 1962 to the City of Fort Collins that is proposed for vacation. The right-of-
way to the east of this known as Scott Street is NOT proposed for vacation. The portion of right-
of-way proposed for vacation is not currently paved and/or constructed as a driveway or street.
The applicant is requesting this vacation as they plan to redevelop the site. At this point in time
no redevelopment plan has been submitted.
Please let me know if you have any problem with the right of way vacation and if any of it would
need to be retained as easement. Sign and return any comments to Sheri L. Wamhoff in the
Development Review Center by March 6, 2006. If we do not hear from you by this:; date, we will
assume you have no objections to the proposed vacation. Please call Sheri at 221-6750 if you
have any questions. Thank you. wQ�� s'(OVM Wde/z/Orc/ �r/trS l ;l %AlS
A No Problems Our, w11P s o R'
Problems/Concerns as follows:
281 North College Ave * P.O. Box 580 * Fort Collins, Co 80522-0580 * (970) 221-6605 * (970) 221-6378