HomeMy WebLinkAbout025 - 02/16/2021 - VACATING PORTIONS OF GRANT AVENUE ALLEY RIGHT-OF-WAY ORDINANCE NO. 025, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING PORTIONS OF GRANT AVENUE ALLEY
RIGHT-OF-WAY
WHEREAS, the City received a dedicated alley right-of-way for the Grant Avenue Alley
in 1892 as documented on the West Side Addition Plat, Bookl, Page 19 of the Larimer County
Clerk and Recorder's records; and
WHEREAS,the current owners of 428 Grant Avenue and 420 Grant Avenue, Fort Collins,
Colorado, have approached the City's Development Review Team about various projects that
would require vacation of that portion of the Grant Avenue alley right-of-way that runs through
their properties, legally described and depicted on Exhibit "A" attached hereto and incorporated
by reference ("Alley ROW"); and
WHEREAS, the northwest portion of the Alley ROW is surrounded by Sycamore Street
on the North, Grant Avenue to the West, Loomis Avenue to the East, and Cherry Street to the
South as shown on Exhibit"B" attached hereto and incorporated by reference; and
WHEREAS, the Alley ROW has never been opened for public access or use and it is
currently undeveloped and blocked by fences and well-established landscaping; and
WHEREAS,in accordance with City Code Section 23-115,the City Engineer has solicited
comments from potentially affected parties and recommended approval of the vacation to the
Planning, Development and Transportation Director (the "Director"), and the Director
recommends to City Council that the request for vacation be approved with the reservation of a
utility easement over and under that portion of the Alley ROW legally described and depicted on
Exhibit "C" attached hereto and incorporated by reference; and
WHEREAS, vacating the Alley ROW will not prejudice or injure the right of the residents
of the City of Fort Collins.
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 a portion of the
Alley ROW, more particularly described in Exhibit"A"and visually referenced in Exhibit "B" is
no longer needed for right-of-way purposes, subject to reservation of an easement for utility
purposes over that real property described and depicted on Exhibit "C", and it is in the public
interest to vacate said right-of-way.
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Section 3. That those portions of the Alley ROW more particularly described and
depicted on Exhibit "A" attached hereto are hereby vacated, abated and abolished provided,
however, that:
(1) there is hereby reserved to the City a perpetual easement for utility purposes
over, under, and across that portion of the Alley ROW more particularly
described and depicted on Exhibit "C"; and
(2) this vacation shall not take effect until this Ordinance is recorded with the
Larimer County Clerk and Recorder.
Section 4. In accordance with City Code Section 23-115(f), title to that portion of the
Alley ROW vacated by this ordinance shall vest in accordance with Section 43-2-302, C.R.S.
Introduced, considered favorably on first reading, and ordered published this 2nd day of
February,A.D. 2021,and to be presented for final the 16 h d ebruary,A.D.2021.
ATTEST: ��`��' . ''•. �,
SEAL
City Cler ��ORP+pO
Passed and adopted on final reading on the 16th day of Februa A.D. 2021.
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EXHIBIT A
Exhibit A
DESCRIPTION OF A PORTION OF THE ALLEY IN BLOCK 284, WEST SIDE
ADDITION TO THE CITY OF FORT COLLINS TO BE VACATED
A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 11,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN;
COUNTY OF LARIMER, STATE OF COLORADO; BEING A PART OF BLOCK 284
OF THE WEST SIDE ADDITION TO THE CITY OF FORT COLLINS; AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 15 OF SAID BLOCK 284;
THENCE SOUTH ALONG THE EAST LINE OF LOTS 15, 16, 17, 18 AND 19 TO THE
SOUTHEAST CORNER OF SAID LOT 19, SAID POINT ALSO BEING ON THE
NORTH LINE OF LOT 20;
THENCE ALONG THE NORTH LINE OF SAID LOT 20 TO THE NORTHEAST
CORNER OF SAID LOT 20;
THENCE NORTH ALONG THE NORTHERLY PROLONGATION OF THE EAST LINE
OF SAID LOT 20 TO THE SOUTH LINE OF LOT 14;
THENCE WEST ALONG THE SOUTH LINE OF LOT 14 TO SOUTHWEST CORNER
OF SAID LOT:
THENCE NORTH 160 FEET MORE OR LESS, TO THE NORTHWEST CORNER OF
SAID LOT 14;
THENCE ALONG THE NORTH LINE OF SAID BLOCK 284, WEST 15 FEET TO THE
POINT OF BEGINNING.
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. `` �Iq�,
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JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169
FOR AND ON BEHALF OF THE CITY OF FORT COLLINS
P.O. BOX 580, FORT COLLINS, CO 80522
Survey\Projects\Development Review\425 N Grant Alley VacationWlley Vacation Legal revised 11052020.doc
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SYCAMORE S I SYCAMORE ST Z
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Notes
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Alley Vacation Map
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143.0 0 71.50 143.0 Feet
WGS_1984_Web_Mercator_Auxiliary_Sphere This map is a user generated static output from the City of Fort Collins FCMaps
Internet mapping site and is for reference only.Data layers that appear on this
City of Fort Collins-GIS map may or may not be accurate,current,or otherwise reliable.
Exhibit C
DESCRIPTION OF A 10-FOOT WIDE UTILITY EASEMENT TO BE RESERVED
A 10.00 FOOT WIDE STRIP OF LAND TO BE RESERVED AS A UTILITY
EASEMENT, LOCATED IN THE NORTHWEST QUARTER OF SECTION 11,
TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE SIXTH P.M.; CITY OF FORT
COLLINS, COUNTY OF LARIMER, STATE OF COLORADO; BEING LOCATED
WITHIN BLOCK 284 OF THE WEST SIDE ADDITION TO THE CITY OF FORT
COLLINS; SAID STRIP BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTER LINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID BLOCK 284, AND
CONSIDERING THE NORTH LINE OF SAID BLOCK 284 TO BEAR EAST AS
SHOWN ON THE PLAT OF SAID WEST SIDE ADDITION, SAID LINE BEING
MONUMENTED ON ITS WEST END BY A 3/4" SQUARE IRON PIN, AND ON ITS
EAST END BY A NO. 4 REBAR WITH NO CAP, WITH ALL BEARINGS CONTAINED
HEREIN RELATIVE THERETO;
THENCE ALONG THE NORTH LINE OF SAID BLOCK 284, N90000'00"E, A
DISTANCE OF 144.29 FEET TO ITS POINT OF INTERSECTION WITH THE
CENTERLINE OF AN EXISTING OVERHEAD UTILITY LINE, SAID POINT BEING
THE POINT OF BEGINNING;
THENCE ALONG SAID CENTERLINE, S01°20'23"E, A DISTANCE OF 89.35 FEET;
THENCE CONTINUING ALONG SAID CENTERLINE, S00°27'32"W, A DISTANCE OF
85.67 FEET TO A POINT ON THE NORTH LINE OF LOT 20, BLOCK 284 OF SAID
WEST SIDE ADDITION, SAID POINT BEING THE POINT OF TERMINATION.
EXCEPTING THEREFROM, ANY PORTION OF SAID STRIP LYING WITHIN LOTS
15, 16, 17, 18 OR 19 BLOCK 284 OF SAID WEST SIDE ADDITION
IT IS THE INTENT OF THIS DESCRIPTION THAT THE SIDELINES OF SAID STRIP
BE LENGTHENED OR SHORTENED TO END ON THE NORTH LINE OF SAID
BLOCK 284 AT ITS NORTH END, AND ON THE NORTH LINE OF SAID LOT 20 AT
ITS SOUTH END.
CONTAINING 1688 SQUARE FEET (0.039 ACRES), MORE OR LESS, AND BEING
SUBJECT TO ALL EASEMENTS AND RIGHTS OF WAY OF RECORD OR THAT
NOW EXIST ON THE GROUND.
I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND
IS TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL KNO
BELIEF, AND OPINION.
JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169 :0 116
FOR AND ON BEHALF OF THE CITY OF FORT COLLINS o
P.O. BOX 580, FORT COLLINS, CO 80522
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Account#: FTC-003160
FORT•COLLINS
I Invoice Text
J NOTICE IS HEREBY GIVEN that the Fort Collins City Coun(
STATE OF COLORADO )
)ss:AFFIDAVIT OF PUBLICATION
COUNTY OF LARIMER )
CITY OF FC-CLERK-LEGALS
300 LAPORTE AVE
FORT COLLINS CO 80521
I,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that
the same is a daily newspaper of general circulation and printed and published in the City of Fort
Collins, in said county and state; that the notice or advertisement, of which the annexed is a true
copy, has been published in said daily newspaper and that the notice was published in the regular
and entire issue of every number of said newspaper during the period and time of publication of said
notice, and in the newspaper proper and not in a supplement thereof, that the publication of said
notice was contained in the issue of said newspaper on
02/07/21
NOTICE IS HEREBY GIVEN that the
Fart Collins City Council,on Tuesday,
February 2,2021,passed and adopted that said Fort Collins Coloradoan has been published continuous) and uninterruptedly durin the
the following ordinances on first P Y P Y g
reading. These ordinances will be pre- period of at least six months next prior to the first publication of said notice or advertisement above
sented for February 16,20 Passage on Tuesday, referred to;that said newspaper has been admitted to the United States mails as second-class matter
ORDINANCE NO.023,2021 under the provisions of the Act of March 3, 1879, or y amendments thereof; and that said
OF THE COUNCIL OF THE CITY OF newspaper is a daily newspaper dul qualified for ublishm a al notices and advertisements within
FORT COLLINSYY 9 P g g
APPROPRIATING PHILANTHROPIC REVENUE RECEIVED BY the meaning of the laws of the State of Colorado.
CITY GIVE AND AUTHORIZING A
TRANSFER TO BE USED FOR
ONGOING D-19 COMMUNITY RE- 1�
LIEFF AND RECOVERY /
ORDINANCE NO.024,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
APPROPRIATING UNANTICIPATED Legal Clerk
REVENUE IN THE
COMMUNITY DEVELOPMENT Subscribed and sworn to before me,within the County of Brown,State of Wisconsin this
BLOCK GRANT FUND
FOR COVID-19 RESPONSE AND RE- 7th of February 2021.
COVERY
ORDINANCE NO.025,2021
OF THE COUNCIL OF THE CITY OF
FORT COLLINS
VACATING PORTIONS OF GRANT
AVENUE ALLEY
RIGHT-OF-WAY
ORDINANCE NO.026,2021
OF THE COUNCIL OF THE CITY OF Notary Public
FORT COLLINS
AMENDING CHAPTER 12 OF THE
CODE OF THE CITY OF FORT
REGULA-
TIONS COLLINS G ESTABLISH DISPOSABLE
TIONS REGARDING DISPOSABLE
BAGS AND MITIGATION
OF OTHER SOURCES OF SINGLE
USE PLASTIC POLLUTION Notary Expires
The full text of these ordinances can be
found at http://fcgov.conVpublicnotices
or by calling the City Clerk's Office at
(970)221-6515.
Coloradoan V I C KY F E LTY Legal No.0004587333
February 7,2021 Notary Public
Ad#:0004587333 LState of Wisconsin
_^ Affidavit Prepared
P O:Titles of First Reading Ordinances Sunday,February 7,2021 2:51 am
This is not an invoice
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