HomeMy WebLinkAbout097 - 08/15/2017 - VACATING A PORTION OF LINCOLN AVENUE RIGHT-OF-WAY DEDICATED ON THE FORT COLLINS ORIGINAL TOWN PLAT D (2)ORDINANCE NO. 097, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A PORTION OF LINCOLN AVENUE RIGHT-OF-WAY DEDICATED
ON THE FORT COLLINS ORIGINAL TOWN PLAT DATED JANUARY 17, 1873,
WITH THE RESERVATION OF A DRAINAGE AND UTILITY EASEMENT
WHEREAS, the Fort Collins Original Town plat, recorded at Book 1, Page 48, of the
Larimer County Clerk and Recorder records, included dedication to the public of right-of-way
for Lincoln Avenue; and
WHEREAS, the City Engineering Department has filed an application with the City
Engineer in accordance with City Code Section 23-115 requesting that the City vacate a portion
of Lincoln Avenue right-of-way more particularly described on Exhibit "A" attached hereto and
incorporated herein by this reference; and
WHEREAS, said right-of-way is no longer necessary or desirable to retain for street
purposes; 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 be reserved unto the City;"and
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 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.
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 a portion of Lincoln Avenue more particularly described on Exhibit "A" is no longer needed
for right-of-way purposes, with the exception of an easement across the entire area for drainage
and utilities, and that it is in the public interest to vacate the same.
Section 3. That the right-of-way described in Exhibit A is hereby vacated, abated,
and abolished, with the exception of the reservation of a drainage and utility easement by the
City for public use across the entire area described in Exhibit A, provided that this vacation shall
not take effect until this Ordinance is recorded with the Larimer County Clerk and Recorder.
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Section 4. That upon recording of this Ordinance with the Larimer County Clerk and
Recorder, title to the vacated rights-of-way shall vest in accordance with C.R.S. Section 43-2-
302, with the exception of the drainage and utility easement reserved herein.
Introduced and considered favorably on first reading and ordered published this 18th day
of July, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017.
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City Clerk
Passed and adopted on final reading this 15th day of August, A.D. 2017.
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Exhibit A
DESCRIPTION OF A PORTION OF EXISTING RIGHT OF WAY OF LINCOLN AVENUE TO
BE VACATED BY THE CITY OF FORT COLLINS
A TRACT OF LAND, BEING A PORTION OF LINCOLN AVENUE RIGHT OF WAY, LOCATED
IN THE SOUTHWEST QUARTER OF SECTION 12, 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 CENTER QUARTER CORNER OF SAID SECTION 12, AND
CONSIDERING THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 12
TO BEAR S89029'04'E, SAID LINE BEING MONUMENTED ON ITS WEST END BY A 2-1/2-
ALUMINUM CAP STAMPED LS 37968, AND ON ITS EAST END BY A 2-1/2"ALUMINUM CAP
STAMPED LS 17497, BASED UPON GPS OBSEHVATIONS AND THE CITY OF FORT
COLLINS COORDINATE SYSTEM, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE
THERETO;
THENCE S60041'12"W,A DISTANCE OF 729.97 FEET TO THE POINT OF BEGINNING,
SAID POINT BEING MARKED BY A NO. 4 REBAR WITH A 1" BLUE PLASTIC CAP
STAMPED LS 38470 AT THE SOUTHEASTERLY CORNER OF THAT PARCEL OF LAND
DESCRIBED IN THE SPECIAL WARRANTY DEED RECORDED JUNE 3, 2016 AT
RECEPTION NO. 20160035194, AND AS SHOWN ON THE ALTA/NSPS LAND TITLE
SURVEY RECORDED JUNE 2, 2016 AT RECEPTION NO.20160034904;
THENCE S18045'59"W, A DISTANCE OF 29.11 FEET;
THENCE S70031'54"W, A DISTANCE OF 3.52 FEET;
THENCE 28.76 FEET ALONG THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF
594.00 FEET, A CENTRAL ANGLE OF 02-46-27", AND A CHORD WHICH BEARS
S69'08'40"W A DISTANCE OF 28.76 FEET;
THENCE 55.62 FEET ALONG THE ARC OF A REVERSE CURVE HAVING A RADIUS OF
50.00 FEET,A CENTRAL ANGLE OF 63-4413",AND A CHORD WHICH BEARS
N80022'27"W,A DISTANCE OF 52.80 FEET;
THENCE N48030'20"W,A DISTANCE OF 10.48 FEET TO A POINT ON THE SOUTHERLY
BOUNDARY OF SAID PARCEL AND THE NORTHERLY RIGHT-OF-WAY LINE OF LINCOLN
AVENUE;
THENCE ALONG SAID SOUTHERLY BOUNDARY(AND SAID NORTHERLY RIGHT-OF-WAY
LINE), S69'58'18"E,A DISTANCE OF 5.77 FEET TO A POINT MARKED BY A PK NAIL;
THENCE CONTINUING ALONG SAID SOUTHERLY BOUNDARY (AND SAIDNORTHERLY
RIGHT-OF-WAY LINE), N75-00'50"E, A DISTANCE OF 97.35 FEET TO THE POINT OF
BEGINNING.
CONTAINING 2,092 SQUARE FEET (0.048 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 KNOWLEDGE, BELIEF, AND
OPINION.
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JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169
FOR AND ON BEHALF OF THE CITY OF FORT COLLINS C'
P.O. BOX 580, FORT COLLINS, CO 80522
v: 31169 a
S:\Engineering\Departments\SurveyTrojects\Engineering\
Lincoln-Willow to Lemay\Legals\ROW Vac•Ranchway.doc ss
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sheet 1 of 2
EXHIBIT OF
A . PORTION OF EXISTING RIGHT OF WAY .OF LINCOLN AVENUE 3 XTOBEVACATEDBYTHECITYOFFORTCOLLINSp =r
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546 WILLOW ST. N
RIDLEY USA INC.
REC. NO. 20160035194
SUBJECT PARCEL OF
v ALTA SURVEY, REC. NO.
20160034904)
FEBRUARY 8, 2017 POINT OF COMMENCEMENT
1"=40' C 1/4 COR. SEC. 12-7-69
2-1/2" ALUMINUM CAP
0 20. 40
STAMPED LS 37968 E 1/4 CDR. SEC. 12-7-6
2-1/2" ALUMINUM CAP3POINTOFBEGINNINGSTAMPEDLS17497
o FD. NO. 4 REBAR WITH
1" BLUE PLASTIC
Fk CAP STAMPEDlitmC
LS 38470
S0'41'12 729 9 7 '
T N. LINE OF SE 1/4 OF SEC. 12-7-69.
s` Rpiy EXISTING R.O.W. 589'29'04"E 2650:12' (BASIS OF BEARINGS)
ND
PKUNAIL 13.7.36
S69'58'18'E 5.77' 15•p0'50
S18'45'59"W 29.11'
AREA
2,092 S.F.
N48'3020"W 10.48
S70'31'54"W 3.52'
6=2'46'27"
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O o=63'44'13"
R=594.00'
R=50.00'
L=28.76' "
W ChB5N80'22'27"W
ChB=28 768 40 W
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THIS ECHIBIT'S SOLE INTENT IS. TO
e'GRAPHICALLY REPRESENT AND AUGMENT
THE ATTACHED PROPERTY DESCRIPTION. IT
3 31169 '6: • DOES NOT REPRESENT A MONUMENTED
LAND SURVEY AS DEFINED IN C.R.S.
2/y zQ/ 38-51-102. IN THE EVENT OF
a DISCREPANCIES BETWEEN THIS EXHIBIT AND
o SS '....••••'•5,THE ATTACHED PROPERTY DESCRIPTION,
m SAL LA1,10 THE INFORMATION CONTAINED WITHIN THE
ATTACHED PROPERTY DESCRIPTION SHOULD
BE RELIED UPON.
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