HomeMy WebLinkAbout106 - 10/16/2012 - VACATING THE CITYS INTEREST IN THE STREETS KNOWN AS DAISY STREET AND COLUMBINE STREET ORDINANCE NO. 106, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING THE CITY'S INTEREST IN THE STREETS
KNOWN AS DAISY STREET AND COLUMBINE STREET
WHEREAS, over the years, the City has recognized Daisy Street and Columbine Street
as streets belonging to the City even though they have not actually been dedicated to the City as
rights-of-way; and
WHEREAS, because of the City's long recognition of Daisy Street and Columbine Street
as streets belonging to the City, the City believes that a "common law dedication" of the rights-
of-way for Daisy Street and Columbine Street has occurred and that the City has thereby
acquired an ownership interest that can be the legitimate subject of a vacation ordinance; and
WHEREAS, Fort Collins Student Housing, LLC has requested that the City vacate the
rights-of-way for Daisy and Columbine Streets in connection with its application for approval of
The District at Campus West PDP; and
WHEREAS, said rights-of-way are 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 an access, emergency access,
drainage, and 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 rights-of-way; and
WHEREAS, the City shall have no duty to maintain the existing roadways after the
Ordinance becomes effective; and
WHEREAS, conditions should be included in this Ordinance in order to ensure that the
vacation of the foregoing streets occurs only if The District at Campus West PDP is developed in
a timely manner.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the Daisy Street and Columbine Street rights-of-way, more particularly
described on Exhibits "A" and "B" attached hereto and incorporated herein by this reference, are
hereby vacated, abated and abolished, reserving the same unto the City as an access, emergency
access, drainage, and utility easements; provided, however, that:
(1) this vacation shall not take effect until this Ordinance is recorded with the
Latimer County Clerk and Recorder;
(2) this Ordinance shall be recorded concurrently with the subdivision plat for that
development known as "The District at Campus West"; and
(3) if this Ordinance is not so recorded by August 21, 2015, then this Ordinance shall
become null and void and of no force and effect.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
October, A.D. 2012, and to be presented for final passage on the 16th day of October, A.D. 2012.
OF pORTCO� T
c>: SLtN ayor
L�
ATTEST: p ^
COLOR
City Clerk
Passed and adopted on final reading on the 16th day of October, A.D. 2012.
V OF pL[1.�ti (,lJ
G��•• •.o�� M yor
ATTEST: :o
��� n. •�)
L' •.�/Fl
City Clerk tF C , •...,,.,,:
Fxwwr 'A "
NO
RTH r D ADDRESS: PHONE:970.221.4158
Il H G R 200 S.College Ave.Suite 10 I I WEBSITE:
ENGINEERING Fort Collins,CO80524 FAX:970.221.4159 wmYnorthernengineering.com
RIGHT-OF-WAY VACATION EXHIBIT (Daisy Street)
A portion of right-of-way to be vacated located in the Northeast Quarter of Section 15, Township
7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer,
State of Colorado being more particularly described as follows:
Considering the East line of the Northeast Quarter of said Section 15 as bearing North 00°30'00"
East and with all bearings contained herein relative thereto:
Commencing at the East Quarter corner of said Section 15; thence North 00"30'00" East,
924.24 feet; thence North 89011'00" West, 1019,54 feet to a point on the East right-of-way line —
of Daisy Street, said point being the POINT OF BEGINNING; thence along said East right-of-way
line, South 00°55'55" West, 164.64 feet to a point on the North right-of-way line of West Plum
Street; thence, North 89°04'06" West, 50.00 feet to a point on the West right-of-way line of
Daisy Street; thence along said West right-of-way line, North 00°55'55" East, 164.54 feet to a
point on the South line of Sunstone Condominiums; thence along said South line, South
89111'00 East, 50.00 feet to the Point of Beginning, containing 8,230 square feet or 0.189
acres more or less.
The description and area are based upon an actual field survey and not upon previously recorded
deeds. The intent of this description is to vacate all road right-of-way lying north of West Plum
Street and south of Sunstone I Condominiums.
February 27, 2012
LMS
S:\Survey Jobs\670-001\Dwg\Exhibits\670-001 ROW Description Daisy St.doc -
EXHIBIT�Al"
FAPORTION OF RIGHT OF WAY TO BE VACATED LOCATED IN THE NORTHEAST
SECTION 15, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6th P.M.,
OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SUNSTONE I CONDOMINIUMS
S89011'00"E
50.00' Nes•r4roo w __�
9715104006
739 DAISY ST.
POINT OF
BEGINNING
ROW TO BE
VACATED v ' s ` 9715104007
8,230 sq.ft. LoI,,J n + i,.5 740 DAISY SI'.
0.189 acres (p
I �` 7fAe 4
LLLJ
Lo
ED
N J J{C y:L '
0715104015 F- is, '!�;c! on 9715104016
1312 PLUM ST.
p 744 DAISY ST.
¢
la`rtrr.la 1q� wa
N89004'06"W 8Im Fo
50.00, 00
W. PLUM STREET I J 0
N W
w�
a
EAST 1/4 CORNER
SEC. 15-T7N-R69W
FND.3"A.C.IN
MONUMENTBOX
SCALE NORTH NORTHERN
ENGINEERING
E►C Fl 18 17—
NORTHERN AOORESS: PHONE:970.221.4158 wE851TE:
2or S.College Ave.Suite 10
ENGINEERING Fort mwr.northernenmeerin Collins,CO 60524 FAX:970.221.4159 g g'com
RIGHT-OF-WAY VACATION EXHIBIT (Columbine Street)
A portion of right-of-way to be vacated located in the Northeast Quarter of Section 15, Township
7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer,
State of Colorado being more particularly described as follows:
Considering the East line of the Northeast Quarter of said Section 15 as bearing North 00030,001,
East and with all bearings contained herein relative thereto:
Commencing at the East Quarter corner of said Section 15; thence North 00030'00" East,
924.24 feet; thence North 89'11'00" West, 769.63 feet to a point on the East right-of-way line
of Columbine Street, said point being the POINT OF BEGINNING; thence along said East right-of-
way line, South 0005126" West, 164.46 feet to a point on the North right-of-way line of West
Plum Street; thence, North 89°04'12" West, 50.00 feet to a point on the West right-of-way line of
Columbine Street; thence along said West right-of-way line, North OW5126" East, 164.36 feet to
a point on the South line of Sunstone Condominiums; thence along said South line, South
89111'00 East, 50.00 feet to the Point of Beginning, containing 8,221 square feet or 0.189
acres more or less.
The description and area are based upon an actual field survey and not upon previously recorded
deeds. The intent of this description is to vacate all road right-of-way lying north of West Plum
Street and south of Sunstone Condominiums.
February 27, 2012
LMS
S:\Survey lobs\670-001\Dwg\Exhibits\670-001 ROW Description Columbine St.doc
EXHIBIT '15"
FA PORTION OF RIGHT-OF-WAY TO BE VACATED LOCATED IN THE NORTHEAST
RTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 5th P.M.,
CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO
SUNSTONE CONDOMINIUMS
- - - - -- - - - - - -
S89011'00"E
L
50.00' —
— — — N89111100"W . JI
9715104008 ,�{' ;f POINT OF
738 COLUMBINE ST.
4 xtiH BEGINNING
i
ROW TO BE F S, ; i Eo 9715104009
VACATED 736 COLUMBINE ST.
8,221 sq.n. co
0.189 sues a Z
�cIs �
EO
9715104017
� ,14o vnr
t�nr. 9715104018
%37 COLUMBINE ST 3»°T O 735 COLUMBINE ST.
o
co
tt
.0 �e{h 7yA oW 2
� i
o a
01-
m v Z ui
N89004'12"W 8Im F a
50.00' $
W. PLUM STREET zw
J
rw
m �
O
EAST 114 CORNER
SEC. 15-T7N-R69W
FND.3"A.C.IN
—MONUMENTBOX
SCALE ® NORTH NORTHERN
III
_ 501 ENGI 1.NEERING