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Home My WebLink About156 - 12/15/2015 - CONDITIONALLY VACATING CERTAIN RIGHTS-OF-WAY CONSISTING OF PORTIONS OF PROSPECT COURT AND THE ALLEY ORDINANCE NO. 156, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS CONDITIONALLY VACATING CERTAIN RIGHTS-OF-WAY CONSISTING OF PORTIONS OF PROSPECT COURT AND THE ALLEY AS DEDICATED ON G. F. WIARD'S ADDITION PLAT AT RECEPTION NO. 231427 OF THE LARIMER COUNTY RECORDS AND FLINN'S RESUBDIVISION PLAT OF LOTS 11, 12, AND 13 IN BLOCK I OF G.F. WIARD'S ADDITION AT RECEPTION NO. 665972 OF THE LARIMER COUNTY RECORDS WHEREAS, right-of-way was dedicated to the City pursuant to the G.F. Wiard's Addition plat recorded on October 31, 1921, at reception number 231427 in the Larimer County Clerk and Recorder's records; and WHEREAS, additional right-of-way was dedicated to the City pursuant to the Flinn's Resubdivision plat of Lots 11, 12, and 13 of block 1 of G.F. Wiard's Addition recorded on May 15, 1953, at reception number 665972 of the Larimer County Clerk and Recorder's records; and WHEREAS, Colorado State University has requested that the City vacate portions of the aforementioned rights-of-way (such portions to be vacated hereinafter referred to as "Rights-Of- Way") as more particularly described in Exhibit "A", attached hereto and incorporated herein by reference; and WHEREAS, pertinent City agencies and private utility companies have been contacted and reported no objection to the proposed vacation of the Rights-Of-Way, provided that a utility easement is provided until such time as the utilities have been relocated; and WHEREAS, the City shall have no duty to maintain the existing roadways after the Ordinance becomes effective; and WHEREAS, the Rights-Of-Way to be vacated are no longer needed for right-of-way purposes, the rights 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 it is in the public interest to do so; and WHEREAS, the City Council is authorized to vacate City right-of-way pursuant to Section 23-115 of the Fort Collins Municipal Code. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: 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 Rights-Of-Way consisting of the portions of Prospect Court and alley more particularly described on Exhibit "A," attached hereto and incorporated herein by this reference, are hereby vacated upon the satisfaction of all of the following conditions: (1) This vacation shall not take effect until this Ordinance is recorded with the Larimer County Clerk and Recorder; (2) This Ordinance shall be recorded concurrently with the subdivision plat for the development known as "Colorado State University Medical Center." Such subdivision plat shall contain: a. An access easement dedicated to the public from the south end of the remaining alley curving west and reconnecting to Lake Street in a form satisfactory to the City Engineer after consultation with the City Attorney; and b. Utility easements dedicated to .the public for any existing or proposed utilities within the boundaries of the plat in a form satisfactory to the City Engineer after consultation with the City Attorney; and (3) If this Ordinance is not so recorded by December 31, 2019, then this Ordinance shall become null and void and of no force or effect. Introduced, considered favorably on first reading, and ordered published this lst day of December, A.D. 2015, and to be presented for final passage on the 15th day of December, A.D. 2015. oIXT C94 ayor ATTEST: .......... . •o QOLoi�PA City Clerk Passed and adopted on final reading on this 15th day of December, A.D. 2015. c044�y ayor ATTEST: 1U Q4 City Clerk Exhibit A PROPERTY DESCRIPTION PROSPECT COURT &ALLEY RIGHT OF WAY VACATION A parcel of land, being vacated as Right of Way, said parcel having been previously dedicated as Right of Way by action of the recordation of the Final Plat for G.F. Wiard's Addition to the City of Fort Collins recorded October 31, 1921 as Book.G at Page I at Reception No. 231427 of the Records of Larimer County Recorders and by action of the recordation of the Final Plat for Flinn's Resubdivision of Lots 11, 12 and 13,Block I of G.F. Wiard's Addition to the City of Fort Collins recorded May 15, 1953 at Reception No. 665972 of the Records of Larimer County Recorders, located in the Southeast Quarter of Section Fourteen(14), Township Seven North(T.7N.),Range Sixty-nine West(R.69W.)of the Sixth Principal Meridian(6th P.M.), City of Fort Collins, County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the Northeast corner of Lot 19 of said G.F. Wiard's Addition and assuming the North line of said G.F. Wiard's Addition as bearing North 89'54'05"East being a Grid Bearing of the Colorado State Plane Coordinate System,North Zone,North American Datum.1983/2007, with all other bearings contained herein relative thereto; THENCE South 00'00'17"East along the Westerly Right of Way line of an existing Alley a distance of 116.64 feet to the POINT OF BEGINNING; THENCE North 89059'43"East a distance of 20.00 feet to the Easterly Right of Way line of said Alley; THENCE South 0000017"East along.said Easterly.Right of Way line,a distance of 377.85 feet; THENCE North 8998'50" West a distance of 33.00 feet to the Westerly Right of Way line of Prospect Court; THENCE North 00'00'17" West along the Westerly Right of Way line of said Prospect Court a distance of 54.78 feet to a Point of Curvature on the Southerly Right.of Way line of said Prospect Court; The following Seven(7) courses are along the Right of Way lines of said Prospect Court; THENCE along the are of a curve concave to the Southwest a distance of 31.34 feet, said curve has a Radius of 20.00 feet, a Delta of 89147'38"and is subtended by a Chord bearing North 44154'06"West a distance of 28.23 feet to a Point of Tangency; THENCE North 89*47'54"West a distance of 25.09 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Southeast a distance of 17.11 feet,"said curve has a Radius of 30.00 feet, a Delta of 32'41'00"and is subtended by a Chord bearing South 73'51'35" West a distance of 16.88 feet to a Point of Reverse Curvature; NA2014941-B\PROP DEMPROSPECT CT&ALLEY ROW VACATION.docx Page I of 3 St. \\,—k% — THENCE along the arc of a curve concave to the East a distance of 128.47 feet, said curve has a Radius of 30.00 feet,a Delta of 245°22'01"and is subtended by a Chord bearing North 00112'06" East a distance of 50.50 feet to a Point of Reverse Curvature; THENCE along the arc of a curve concave to the Northeast a distance of 17.11 feet, said curve has a Radius of 30.00 feet, a Delta of 32°41'00"and is subtended by a Chord bearing South 73°27'24" East a distance of 16.88 feet to a Point of Tangency; THENCE South 89°47'54"East a distance of 37.80 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Northwest a distance of 31.49 feet, said curve has a Radius of 20.00 feet,a Delta of 90°12'22"and is subtended by a Chord bearing North 45°05'54" East a distance of 28.34 feet to a Point of Tangency on the Westerly Right of Way line of said Alley; THENCE North 00*00'17" West along said Westerly Right of Way line a distance of 241.91 feet to the POINT OF BEGINNING. Said described parcel of land contains 14,124 Square Feet or 0.324 Acres, more or less (f). SURVEYORS STATEMENT I, Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true. and correct to the best of my knowledge and belief. �p00 LICF ��•'E V4 A O,•'d ' 4L•. ai 34995 io Fd;•.• ,•JQ . Steven A. Lund-on a alf o King Surveyors Colorado Registered Professional Land Surveyor#34995 KING SURVEYORS 650 Garden Drive Windsor,Colorado 80550 (970)686-5011 N1201494I-BIPROP DESCIPROSPECT CT&ALLEY ROW VACATION.docx Page of PROSPECT COURT & ALLEY RIGHT OF WAY VACATION POINT OF COMMENCEMENT WESTLAAU STREET. (BASIS OF BEARINGS) N89'54'05'E 467.96' �� — — — rnvnavcnrr snenvswsruLz ! ! >h to jVACIMSYS Ru snonru•nFLors !POINT OF BEGINNING I cf muas�ooTnav Lt 100 50 0 100 ! nnxnLtaara Lori oQPp O l/cF2 I �' � LV _ A 00 — Q 34995 :cc e aF.tnaW... ... ..._� onTrLov -o nLOTA OZIAM O g S OF. HZIPdrAOLYndV Steven A. Lund - e dlf Of King Surveyors ( `� C4 v1 Colorado Registered Professional Land Surveyor #34995 L5i � j14r124 SQ.FT.0.324 ACRES NOTE: This exhibit drawing is not intended to be a coremonumented land survey. It's sole purpose Is as a ,a > L4 =411AMaV graphic representation to old in the visualization ofthe written property description which it accompanies. tiH C2 : %spN LOTS0or nz4.eosThe written property description supersedes the exhibit AMMV drawing. I —. _., NOTICE: According to Colorado low you must — — —I L2 Lor,n er nzfens noomav commence any legal action based upon any defect in — — — this survey within three years after you first discover such defect. In no event may any action based upon PROPOSED WEST PROSPECT any defect in this survey be commenced more than ROAD RIGHT OF WAY LINES ten years from the date of the certification shown WET PROSPECT ROAD hereon. (13-80-105 C.R.S. 2012) LINE TABLE CURVE TABLE LINE BEARING LENGTH CURVE LENGTH RADIUS DELTA CHORD CH BEARING L1 N89.59'43"E 20.00' C1 31.34' 20.00' 89'47'38" 28.23' N44"54'06"W L2 N89'38'50"W 33.00' C2 17.11' 30.00' 32'41'00" 16.88' S73'51'35"W L3 . N00'00'17"W 54.78' C3 128.47' 30.00' 245'22'01" 50.50' N00'12'06"E L4 N89`47'54"W 25.09' C4 17.11' 30.00' 32'41'00" 16.88' S73'27'24"E L5 S89'47'54"E 37.80' C5 31.49' 1 20.00' 90'12'22" 28.34' N45'05'54"E L6 SOO-00-17"E 116.64' KING SURVEYORS PROJECT NO:2014941-13 DATE: 10/23/2015 650 E. Garden Drive I Windsor,Colorado 80550 CLIENT:CSU phone: (970)686-5011 1 fax:(970)686-5821 DWG:214941 B—EXH w%v%v.kingsurveyors.com page 3 of 3 DRAWN: CSK CHECKED:SAL