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Home My WebLink AboutRIVERSIDE PARK SUBDIVISION LOT 9 - Filed EV-EASEMENT VACATION - 2016-07-11RECEPTION#: 20150033191, 06/01/2015 at 10:55:57 AM, 1 OF 4, R $26.00 TD Pgs: 0 Angela Myers, Clerk & Recorder, Larimer County, CO ORDINANCE NO. 056, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING PORTIONS OF THE RIGHTS -OF -WAY AS DEDICATED ON THE PLAT OF RIVERSIDE PARK WHEREAS, the plat of Riverside Park included dedication to the public of right-of-way for College Avenue; and WHEREAS, the City Manager has requested the vacation of 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 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 College Avenue right-of-way, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference, is hereby vacated, abated and abolished, reserving a perpetual public utility and slope easement unto the City, more particularly described on Exhibit "A" provided however, that this vacation shall not take effect until this Ordinance is recorded with the Larimer County Clerk and Recorder. Introduced, considered favorably on first reading, and ordered published this 5th day of May, A.D. 2015, and to be presented for final passage on the 19th day of May, A.D. 2015. �T Mayor ATTEST: City Clerk /Cfty Clerk's Office, Fort Collins, Colorado - 1 - RECEPTION#: 20150033191, 06/01/2015 at 10:55:57 AM, 2 OF 4, Angela Myers, Clerk & Recorder, Larimer County, CO .r Passed and adopted on final reading on the 19th day of May, A.D. 2015. ATTEST: City Clerk "= SEAL -2- r� Mayor RECEPTION#: 20150033191, 06/01/2015 at 10:55:57 AM, 3 OF 4, Angela Myers, Clerk & Recorder, Larimer County, CO EXHIBIT A DESCRIPTION OF EXISTING RIGHT OF WAY TO BE VACATED BY THE CITY OF FORT COLLINS A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 2, AND CONSIDERING THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 2 TO BEAR S00038'34"W, BASED UPON GPS OBSERVATIONS AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE ALONG SAID EAST LINE OF THE SOUTHEAST QUARTER, S00°38'34"W, A DISTANCE OF 1,329.80 FEET TO A POINT ON THE EASTERLY EXTENSION OF THE SOUTH RIGHT-OF-WAY LINE OF PINION STREET; THENCE ALONG SAID EASTERLY EXTENSION, N89°21'26"W, A DISTANCE OF 62.67 FEET TO THE POINT OF BEGINNING; THENCE S36°57'12"E, A DISTANCE OF 12.62 FEET; THENCE S00°38'34"W, A DISTANCE OF 90.00 FEET TO A POINT ON THE EASTERLY EXTENSION OF THE SOUTH LINE OF LOT 9, RIVERSIDE PARK SUBDIVISION; THENCE N89021'26"W, A DISTANCE OF 35.03 FEET TO THE SOUTHEAST CORNER OF SAID LOT 9 AND THE EXISTING WEST RIGHT-OF-WAY LINE OF NORTH COLLEGE AVENUE; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, N00°38'34"E, A DISTANCE OF 100.00 FEET TO ITS POINT OF INTERSECTION WITH THE SOUTH RIGHT-OF-WAY LINE OF PINION STREET; THENCE ALONG THE EASTERLY EXTENSION OF SAID SOUTH RIGHT-OF-WAY LINE, S89"21'26"E, A DISTANCE OF 27.33 FEET TO THE POINT OF BEGINNING. CONTAINING 3,465 SQUARE FEET (0.080 ACRES), MORE OR LESS, AND BEING SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD OR THAT NOW EXIST ON THE GROUND, AND RESERVING UNTO THE CITY OF FORT COLLINS A SLOPE AND UTILITY EASEMENT OVER AND ACROSS THE EAST 15.00 FEET OF ABOVE -DESCRIBED TRACT. I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNOWLEDGE, BELIEF, AND OPINION. p�J REGI�r JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 FOR AND ON BEHALF OF THE CITY OF FORT COLLINS VC ti P.O. BOX 580, FORT COLLINS, CO 80522 :6 31169 D a --2-Oi 0 S:\Engineering\Departments\Survey\Projects\Capital Projects\N College Phase 2\ ��Oy LEGALS\ROW Vac 935 College.doc RECEPTION#: 20150033191, 06/01/2015 at 10:55:57 AM, 4 OF 4, Angela Myers, Clerk & Recorder, Larimer County, CO EXHIBIT OF RIGHT OF WAY TO BE VACATED BY THE CITY OF FORT COLLINS PINION ST. 935 N. COLLEGE AVENUE MANTHEY ENTERPRISES LLC REC. NO. 20140058712 I o 31 T59 a • j THIS EXHIBIT'S INTENT IS TO GRAPHICALLY REPRESENT AND AUGMENT THE ATTACHED PROPERTY DESCRIPTION. IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY AS DEFINED IN C.R.S. 38-51-102. IN THE EVENT OF DISCREPANCIES BETWEEN THIS EXHIBIT AND THE ATTACHED PROPERTY DESCRIPTION, THE INFORMATION CONTAINED WITHIN THE ATTACHED PROPERTY DESCRIPTION SHOULD BE RELIED UPON. E 1 /4 COR. SEC 2-7-69 (POINT OF COMMENCEM'T) 3 r7 0 a POINT OF BEGINNING Z S89'21 26 E 27.33' /N ' „ 1'26"w 62.67' R S36'57'12"E co pl 12.61' N I 3 N EAST 15' OF PROPOSED —VACATION TO BE RESERVED 'coo � UNTO THE CITY AS SLOPE in AND UTILITY EASEMENT O $ o 0 $ o � rn M ILI MQLn $ v Z r7 in W Q W CD I J O N89.21'26"W N 35.03' _ o` 0 z SE COR. SEC 2-7-69 FEBRUARY 23, 2015 1 "-30' S.Wgineering\DapaKments\Survry\projects\Capital Projects\N College Phase 2\design\LDD N College\align\dwg\N College 2010 CIVIL 3D.dwg City 0 f OPERATIONS SERVICES REAL ESTATE SERVICES P.O. Box 580 F6rt Collinsn Laporte Ave., ldg Fort Collins, CO 80522 97OA16.2275 ` 970.416.2209 — fax kgov.com November 4, 2014 RE: Right of Way Vacation at 935 North College Avenue In 2012, the City constructed the North College Improvements — Vine to Conifer Project. This project required the ultimate width of 110 feet of right of way (turn lanes excepted) to accommodate the planned (and future planned) improvements — 55 feet on each side of the centerline for College Avenue. Upon surveying the properties adjacent to College Avenue, it was determined that there existed 90 feet of right of way west of the centerline adjacent to the property located at 935 North College Avenue. Given the ultimate road width of College Avenue is 110 feet, City Engineering staff have determined that there is not a future need for the excess 35 feet of right of way existing along 935 North College Avenue. As such, City staff proposes the vacation of the excess right of way. In order to accommodate for future utility needs, the City will retain as part of the vacation a 15- foot utility and slope easement behind the new right of way line. I have attached for you a copy of the following documents as part of this request: - Project drawing of North College Improvements —Vine to Conifer at 935 N. College - Legal Description of right of way to be vacated including retained easement Thank you, Kerri Allison Real Estate Specialist I (970) 416-2669 kallison fc og v-com 2`1 1 0 lit . J� S � ) .:. . }.. � %N�ci �1." IAA � )�hy� • z� a ' ` � ° ';r➢ ✓;' if k>^"F".. ,��' � .0 tltl J , 4117 9 � � r i �� r ✓�,p j� a, tt— � 555 } i• 1 �:� � C� �4 WFWA 71 SS Q r lirg 6 _.'� �{ f' �f v ar �.',? a roY 9 ti .,.i� •�',A �t � t EXHIBIT OF RIGHT OF WAY TO BE VACATED BY THE CITY OF FORT COLLINS Zoo % Oct 0694 C.0 m�-U1 r %.Y's rc`a PINION ST. I I �I 0 935 N. COLLEGE AVENUE CROWN BROCK LLC W REC. NO. 2OD90071657 4 IM AA��CC1'1',,o RFcsr o �Sc'L•'.�G1L.rs Z E 1 /4 COR. SEC 2-7-69 (POINT OF COMMENCEMI) 3«ak 1 ✓ 3$ �4Z M go � M 5 S89'21'26"E 35.03' + `:0 31169 $ j0/A ypir ' N89'21'28" 35.03' THIS EXHIBIT'S INTENT IS TO GRAPHICALLY REPRESENT AND AUGMENT THE ATTACHED PROPERTY DESCRIPTION. IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY AS DEFINED IN C.R.S. 38-51-102. IN THE EVENT OF DISCREPANCIES BETWEEN THIS EXHIBIT AND THE ATTACHED PROPERTY DESCRIPTION, THE INFORMATION CONTAINED WITHIN THE ATTACHED PROPERTY DESCRIPTION SHOULD BE RELIED UPON. SEPTEMBER 30. 2014 1 "-30' S.•,EnDlnww4U)epwbTw MSurAgVmpMCap fa[ Pr*dAN CaOapa PMw 2ldm0w* CD N CokpW Wr~ CdW 2W0 CNL3DA4 POINT OF BEGINNING io N89'21'26"W $ 54.97' Ln us I CV v EAST 15' OF PROPOSED 3 a VACATION TO BE RESERVED " UNTO THE CITY AS SLOPE ►�i }� AND UTILITY EASEMENT M o� $ CA o � 3 Ul M 00 M O W Q W C W J ' J O c.� x 0 z SE COR. SEC 2-7-69