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Home My WebLink About065 - 05/21/2019 - VACATING PORTIONS OF HOBBIT STREET RIGHT-OF-WAY EAST OF SHIELDS STREETORDINANCE NO. 065 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING PORTIONS OF HOBBIT STREET RIGHT-OF-WAY EAST OF SHIELDS STREET WHEREAS, Hobbit Street is presently constructed abutting the existing Landmark Apartments; and WHEREAS, the previously approved Young's Creek subdivision plat dedicated Hobbit Street right-of-way to extend the construction of Hobbit Street into the Young's Creek subdivision; and WHEREAS, the Young's Creek development plan has expired Without being constructed but the Hobbit Street right-of-way remains dedicated to the City; and WHEREAS, a development plan on the Young's Creek property known as Landmark Apartments Expansion PDP#160013 (the "Landmark Apartments Expansion")was reviewed and approved on November 10, 2016, by the Planning and Zoning Board with the condition that subsequent vacation of Hobbit Street right-of-way on the property be approved by City Council; and WHEREAS, Resolution 2017-011 of the City Council Was approved on February 7, 2017, which adopted findings of fact and conclusions regarding the appeal of the Planning and Zoning Board decision approving the Landmark Apartments Expansion; and WHEREAS, the Landmark Apartments Expansion, as approved by the Planning and Zoning Board and upheld by City Council, does not extend the Hobbit Street right-of-way into the development but terminates Hobbit Street into a cul-de-sac so that portions of the dedicated Hobbit Street right-of-way are no longer needed to construct the Landmark Apartments Expansion as approved; and WHEREAS, the City and RTA Hobbit, LLC, developer of Landmark Apartments Expansion,have"requested that the City vacate that portion of the undeveloped right-of-way legally described on Exhibit "A" and shown on the map in Exhibit "B" attached hereto and incorporated herein (the `-`Excess Hobbit Street ROW); and WHEREAS, the Excess Hobbit Street ROW is no longer necessary or desirable for street purposes based on the approved Landmark Apartments Expansion; and WHEREAS, the City Engineer has routed the vacation request to potentially affected City agencies; private utility companies, property owners in the vicinity, and emergency service providers and no objection to the proposed vacation has been received, provided that a drainage and utility easement across a small portion of the Excess Hobbit Street ROW be reserved unto the City; and 4- WHEREAS, in accordance with City Code Section 23-115, the City Engineer recommended approval of the vacation to the Planning,Development and Transportation Director; and the Director recommends to Council that the request for vacation be approved; 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 rights-of-way. NOW, THEREFORE;BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds and determines that the right-of-way for those portions of Hobbit Street more particularly described on Exhibits "A" and ``B" attached hereto and incorporated herein is no longer needed for right-of-way purposes, subject to reservation of an easement across that real property described as Parcel 2 on Exhibit "A" for drainage and utilities, and that it is in the public interest to vacate said right-of-way. Section 3. That those portions of the Hobbit Street right-of-.way more particularly described on Exhibits "A" and "B" attached hereto.and incorporated herein by this reference are hereby vacated, abated and abolished provided, however, that: 1) there is hereby reserved to the City a perpetual easement over, under, and across Parcel 2 described on Exhibit"A"for utility and drainage purposes; 2) this vacation shall not take effect until this Ordinance is recorded with the Larimer County Clerk and Recorder; 3) this Ordinance shall be recorded concurrently with the subdivision plat for the Landmark Apartments Expansion PDP#160013 known as"Landmark Apartments Expansion; and 4) if this Ordinance is not so recorded by March 14, 2022, then this Ordinance shall become null and void and of no further force and effect. 2- Introduced, considered favorably on first reading; and ordered published this 7th day of May, A.D. 2019,and to be presented for final passage on the 21 st day of May, A.D..2019. ayor ATTEST; OF FOR r p0tip.'. ., !` Z SEAL N city CI COCORP O Passed and adopted on final reading on the 21 st day of May, A.D. 2019. ATTEST: cy F FORT° I • SEAL City Clerk it a cO<cRaoo 3- NORTHERN ENGINEERING EXHIBIT A DESCRIPTION: PARCELI: All of Hobbit Street right-of-way dedicated per the Plat of Young's Creek being recorded at Reception No. 20040037611,Larimer County Clerk and Recorder and a portion of that tract of land to the City of Fort Collins.as recorded at Reception No.20040017621;Latimer County Clerk and Recorder being more particularly described as follows: Considering the West line of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 23,Township 7 North,Range 69 West of the 6's P.M.as bearing North 00' 13' 32"East and with all bearings contained herein relative thereto: COMMENCING at the Southwest comer of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 23,Township 7 North,Range 69 West of the 6'°P.M.,being mormmented by a found Model'"r'axle,with 3 3'4"steel cap in collar of stone;thence along the West line of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 23,said line also being the East line of Landmark Subdivision and the West line of Proposed Plat of Landmark Apartments,North 00' 13'32"East.7.57 feet to the Southerly right-of-way line of Hobbit Street,said point being POINT OF BEGINNING 1;thence continuing along said West line,North 00* 13'32"East,58.76 feet to the Northerly right-of-way line of Hobbit Street; thence along the extents of said Hobbit Street the following 11 courses and distances: thence, North 50"28' 11"East,2.75 feet; thence along a curve concave to the Northwest having a central angle of!i° 2T 49" with a radius of 214.50 feet,an arc length of 214.82 feet and the chord of which bears North 26'47'08"East,205.95 feet;thence,North Ol-54' IF West,.30.16 feet; thence along a.curve concave to the Southeast having a central angle of 94'03'51" with a radius of 64.50 feet,an arc length of 105.89 feet and the chord of which bears North 45'07'39"East, 94.39 feet;thence,South 87'59 25"East, 128.00 feet;thence along a curve concave to the Northwest having a central angle of 241'43'22"with a radius of 50:50 feet,an arc length of 213.05 feet and the chord of which bears South 33'Ol'28"West, 86.70 feet;thence along a curve concave to the Southwest having a central angle of 61'43'35"with a radius of 44,50 feet, an arc length of 47.94 feet and the chord of which bears North 56'58'38"West,45.66 feet; thence,North 87'50' 25"West,44.33 feet;thence along a curve concave to the Southeast having a central angle of 94'03'51"with a radius of 13.50 feet,an arc length of 22.16 feet and the chord of which bears South 45°OT 39"West, 19.76 feet;thence,South Ol'54' 16" East,.30.16 feet; thence along a curve concave to the Northwest having a central angle of 65' 13'23"with a radius of.265.50 feet,an arc length of 302.23 feet and the chord of which bears South 30'4T 25" West,286.18 feet to POINT OF BEGINNING 1,containing 30,744 square feet, or 0.706 acres, more or less; FORT COLLINS: 301 North Howes Street, Suite 100, 80521 1 970.221.4158 GREELEY: 820 8" Street,80631 1 970.395.9880 WEB: www.northernengineering.com TOGETHER WITH: PARCEL 2: A portion of right-of-way dedicated per Landmark Subdivision P.U.D. being recorded at Book 2231, Page 1454,being more particularly described as follows: Considering the East line of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 23,Township 7 North,Range 69 West of the 6 h P.M:as bearing North 00' 13'32"East and with all bearings contained herein relative thereto: COMMENCING at the Southwest comer of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 23,Township 7North,Range 69 West of the 61 P.M.,being mondmented by a found Model '"1"'axle,with 3 r/4" steel cap in collar of stone;thence along the West line of the,Northeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 23,said line also being the East line of Landmark Subdivision and the West line of Proposed Plat of Landmark Apartments,North 00° 13'i32"East. 35.62 feet to POINT OF BEGINNING 2; thence along a curve concave to the South having a central angle of 40' 1 l'53" with a radius of 61.42 feet,an arc length of 43.09 feet and the chord of which bears North 74° 58' 10"West, 42.21 feet to a point on the Northerly right-of-way line of Hobbit S.treet;thence along said Northerly line the following 2 courses and distances: along a curve concave to the Northwest having a central angle of 01* 2l'26" with a radius of 213.00 feet, an arc length of 5.05 feet and the chord of which bears North 64'48'38"East,5.05 feet;thence,North 64' 07' 55"East,40.37 feet to the East line of the Northeast Quarter of the Northwest Quarter of the Northwest Quarter of Section 23; thence:along said East line South 00° 13'32"West,30.71 feet to POINT OF BEGINNING 2,containing 519 square feet,or 0.012 acres,more or less; The above described parcels are meant to be contiguous,containing no gaps or overlaps and are subject to all easements and rights-of-way now on record or existing. LMS April 26,2019 S:\Su ey Jobs\1257-0O11Dwg1Eshibitm257-001 Right-d-way Vacation Description.docx i EXHIBIT B RIGHT-OF-WAY TO BE VACATED LOCATED IN THE NORTHWEST QUARTER OF SECTION 23, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6th.P.M.,CITY OF FORT'COLLINS, COUNTY OF LARIMER, STATE OF COLORADO L4 TRACT A YOUNG'S CREEK Gry avleBF.mNOP L5 L.9 aUBOMeKRIa to m Cis Nef HEST OF THE N4 J OP.THE MY{Oi ARCEL ffcTloN a7aP a Nesr laa[oF PROPOSED PLAT NOTE 7H16 AREA nuTa¢.q IfERCT9AwTIFMAnrx1 IeEMa»eANO G6TMCE870MBE1WEDI TIE 30,744 eq.R AO.OMIH9 wloomnea rtle nE ETIRYET'aRs 0.706 aC. PROFE6alONALOPINION TNT IHEANKINITA L0T1 TRACTS PROPERTE9NEIE WIFNpEO TOBECQlTIGUOU6: LANDMARK YOUNG'S CREEK CONTNMNO ND GOIE9,OM6OR OVWAPB AIDN9THEIR COMMON BOUNOVeEb. SUBDIVISIONPUD •, U L. BEBNOM PARCEL2 a 519 sq.fL mot_ 6 0.012 ac 0 PMCMTOSE IG RETAPEDAS UTUTYEASEMENT 1 5 TRACT EC'8 J YOUNG'S CREEK C' J P.O.B.2" OF FORT COLLMa NOO't93rIE REC.N0.2WIOPIMI is.Br accPOINTOFBEGINNING 1 HOBBIT ST.rma•13'32'E sEE Non:T.er d NOTE TRAcrB POINT OF PULSE PUD 1ST I' wR YI.8TEEl G1P, MCOUMOFBIONE NN COMMENCEMENT SW COR N EROFNE j NORTH t 8 IONF23-7-89 60 0 60 Feet IN U.S. SURVEY FEET ) LINE TABLE 1 hch a 50 It LINE LENGTH BEARING CURVE TABLE Lt 58.76 N00.13'32'E CURVE DELTA RADIUS LENGTH BEARING CHORD L2 2.75' N60.28'11'E C1 57.22'4B' 214.50 2U.87 NZ6.4r08"E 205.85 L3 30.18' NOV G'ISM C2 W'm'51• 64,W 10.5.88' N45-0r39°E 89.39' LI 128.00 587'S0'.23'E C3 24/•43'2S MLW 213.06 S33'Ot'2B"W 86.70 LB 41.33' N97'50'28'W C4 ' 91.43'35' 44.50? 47.84' NS6'69'38•W 45.88' LB 30.18' a54' 10"E 05 94'ST51' 13.60' &-le S45.07'38•W 19.7G L7 40.37' 85' 55D3D2.27 S30'42"2M 288.15 L9 30.71' C7 40'71'S3' 81AZ 43.OB W4'Wf(Y W 42.21' CB 1'21.26- 213.OD 1 5.05' N64.4F38'E 5.05' NOTE THIS IBIT IS NOT INTENDED TO BE A MONUMEWED LAND SURVEY ITS SOLE PURPOSE IS ASA IZ= NORTHERNGRAPHICREPRESENTATIONTOAIDINTHEVISUALIZATION OF THE WRITTEN PROPERTY DESCRIPTION WHICH IT ENGINEERING ACCOMPANIES.THE WRITTEN PROPERTY DESCRIPTION SUPERCEDES THE E%HIBTT DRAWING.