HomeMy WebLinkAbout103 - 09/06/2016 - VACATING PORTIONS OF RIGHT-OF-WAY AS DEDICATED ON THE SIDEHILL - FILING TWO AND BUCKING HORSE FILINGORDINANCE NO. 103, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING PORTIONS OF RIGHT-OF-WAY AS DEDICATED ON THE
SIDEHILL - FILING TWO AND BUCKING HORSE FILING THREE PLATS
WHEREAS, the plat of Sidehill - Filing Two included dedication to the public of right-
of-way for portions of Cutting Horse Drive, Songbird Lane, Drysdale Lane, Perendale Lane and
Yearling Drive; and
WHEREAS, the plat of Bucking Horse Filing Three included dedication to the public of
right-of-way for portions of Miles House Avenue; and
WHEREAS, Bucking Horse Apartment, LLC and Bucking Horse Development Inc., filed
an application with the City Engineer in accordance with City Code Section 23-115 requesting
that the City vacate these rights-of-way to facilitate a change in development plan and filing of a
new subdivision plat to be known as "Bucking Horse Filing Four"; and
WHEREAS, said rights-of-way are no longer necessary or desirable to retain for street or
utility purposes (as utility easements will be dedicated on the new Bucking Horse Filing Four
subdivision plat); and
WHEREAS, the City Engineer has routed the vacation request to .potentially affected
City agencies, private utility companies, and emergency service providers and no objection to the
proposed vacation has been received; and
WHEREAS, in accordance with City Code Section 23-115, the City Engineer has
recommend 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 street rights-of-
way for portions of Cutting Horse Drive, Songbird Lane, Drysdale Lane, Perendale Lane,
Yearling Drive and portions of Miles House Avenue, more particularly described on Exhibits A
through F attached hereto and incorporated herein by this reference (the "Specified Streets") are
no longer needed for right-of-way purposes and that it is in the public interest to vacate the same.
1-
Section 3. That the Specified Streets are hereby vacated, abated and abolished,
provided that:
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 "Bucking Horse Filing Four;" and
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3) If this Ordinance is not recorded with the Larimer County Clerk and Recorder by
February 11, 2019, then this Ordinance shall become null and void and of no force
and effect..
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.
Introduced and considered favorably on first reading and ordered published this 16th day
of August, A.D. 2016, and to be presented for final passage on the 6th day of September, A.D.
2016.
xE ORTC jf
L
Y Mayor
ATTEST:
COLOVFL
City Clerk
Passed and adopted on final reading this 6th day of September, A.D. 2016.
OF FORT COS`X
L I Mayor
ATTEST:
COLORN-
Vv vv
City Clerk
2-
NORTHERN
ENGINEERING
DESCRIPTION : CUTTING HORSE DRIVE
Right-of-way to be vacated, located in Section 20, Township 7 North, Range 68 West of
the 6th P .M. , City of Fort Collins, County of Larimer, State of Colorado, and being more
particularly described as follows :
Considering the Northeast right-of-way line of Cutting Horse Drive as bearing South 49'
38' 05 " East and with all bearings contained herein relative thereto :
COMMENCING at the West corner of Outlot F, Bucking Horse Filing Two ; thence
along said Northeast right-of-way line, South 49' 38' 05 " East, 25 . 50 feet to the POINT
OF BEGINNING; thence, South 49' 38' 05 " East, 986. 72 feet; thence along a curve
concave to the North having a central angle of 93 ' 55 ' 31 " with a radius of 15 . 00 feet, an
arc length of 24 . 59 feet and the chord of which bears North 83 ' 24' 10 " East, 21 . 93 feet;
thence along a curve concave to the Southeast having a central angle of 01 ° 42' 40. 5 "
with a radius of 2247. 50 feet, an arc length of 67 . 13 feet and the chord of which bears
South 37' 17' 34" West, 67. 12 feet; thence, North 49' 38 ' 05 " West, 990 .27 feet;
thence along a curve concave to the South having a central angle of 90' 00' 00" with a
radius of 15 . 00 feet, an arc length of 23 . 56 feet and the chord of which bears South 85 '
21 ' 55 " West, 21 . 21 feet; thence, North 40' 21 ' 33 " East, 66. 00 feet to the POINT OF
BEGINNING.
The above described tract of land contains 51 ,313 square feet or 1 . 178 acres, more or less
and is subject to all easements and rights-of-way now on record or existing.
LMS
June 9, 2016
S:\Survey Jobs\687-004\Dwg\Exhibits\687-004 Cutting Horse ROW.docx
301 N . Howes Street, SLJte 100 , Fort Collins , CO 80521 1 970 , 221 , 4158 I www. northernengineering . com
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NORTHERN
ENGINEERING
DESCRIPTION : PERENDALE LANE
Right-of-way to be vacated, located in Section 20, Township 7 North, Range 68 West of
the 6th P .M. , City of Fort Collins, County of Larimer, State of Colorado, and being more
particularly described as follows :
Considering the Northeast right-of-way line of Cutting Horse Drive as bearing South 49 '
38' 05 " East and with all bearings contained herein relative thereto :
COMMENCING at the West corner of Outlot F, Bucking Horse Filing Two ; thence
along said Northeast right-of-way line, South 49' 38' 05 " East, 200. 51 feet; thence, South
40' 21 ' 55 " West, 51 .00 feet to the POINT OF BEGINNING; thence, South 49' 38 ' 05 "
East, 81 . 00 feet; thence along a curve concave to the South having a central angle of 90'
00' 00" with a radius of 15 . 00 feet, an arc length of 23 . 56 feet and the chord of which
bears South 85 ' 21 ' 55 " West, 21 .21 feet; thence, South 40' 21 ' 55 " West, 440. 00 feet;
thence along a curve concave to the East having a central angle of 90' 00' 00" with a
radius of 15 . 00 feet, an arc length of 23 . 56 feet and the chord of which bears South 04'
38 ' 05 " East, 21 .21 feet; thence, North 49' 38 ' 05 " West, 81 . 00 feet; thence along a curve
concave to the North having a central angle of 90' 00' 00" with a radius of 15 . 00 feet, an
arc length of 23 . 56 feet and the chord of which bears North 85 ' 2 F 54 . 5 " East, 21 .21 feet;
thence, North 40' 2 F 55 " East, 440. 00 feet; thence along a curve concave to the West
having a central angle of 90' 00' 00" with a radius of 15 . 00 feet, an arc length of 23 . 56
feet and the chord of which bears North 04' 38' 05 " West, 21 . 21 feet to the POINT OF
BEGINNING.
The above described tract of land contains 24, 163 square feet or 0 . 555 acres, more or less
and is subject to all easements and rights-of-way now on record or existing.
LMS
June 9, 2016
S:\Survey Jobs\687-004\Dwg\Exhibits\687-004 Perendale ROW.doex
301 N . Howes Street, Suite 100 , Fort Collins , CO 80521 1 970 , 221 , 4158 I www. northernengineering . com
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NORTHERN
ENGINEERING
DESCRIPTION : DRYSDALE LANE
Right-of-way to be vacated, located in Section 20, Township 7 North, Range 68 West of
the 6th P .M. , City of Fort Collins, County of Larimer, State of Colorado, and being more
particularly described as follows :
Considering the Northeast right-of-way line of Cutting Horse Drive as bearing South 49 '
38' 05 " East and with all bearings contained herein relative thereto :
COMMENCING at the West corner of Outlot F, Bucking Horse Filing Two ; thence
along said Northeast right-of-way line, South 49' 38' 05 " East, 441 . 51 feet; thence, South
40' 21 ' 55 " West, 51 .00 feet to the POINT OF BEGINNING; thence, South 49' 38 ' 05 "
East, 81 . 00 feet; thence along a curve concave to the South having a central angle of 90'
00' 00" with a radius of 15 . 00 feet, an arc length of 23 . 56 feet and the chord of which
bears South 85 ' 21 ' 55 " West, 21 .21 feet; thence, South 40' 21 ' 55 " West, 440. 00 feet;
thence along a curve concave to the East having a central angle of 90' 00' 00" with a
radius of 15 . 00 feet, an arc length of 23 . 56 feet and the chord of which bears South 04'
38 ' 05 " East, 21 .21 feet; thence, North 49' 38 ' 05 " West, 81 . 00 feet; thence along a curve
concave to the North having a central angle of 90' 00' 00" with a radius of 15 . 00 feet, an
arc length of 23 . 56 feet and the chord of which bears North 85 ' 21 ' 55 " East, 21 .21 feet;
thence, North 40' 2 F 55 " East, 440. 00 feet; thence along a curve concave to the West
having a central angle of 90' 00' 00" with a radius of 15 . 00 feet, an arc length of 23 . 56
feet and the chord of which bears North 04' 38' 05 " West, 21 . 21 feet to the POINT OF
BEGINNING.
The above described tract of land contains 24, 163 square feet or 0 . 555 acres, more or less
and is subject to all easements and rights-of-way now on record or existing.
LMS
June 9, 2016
S:\Survey Jobs\687-004\Dwg\Exhibits\687-004 Drysdale ROW.doex
301 N . Howes Street, Suite 100 , Fort Collins , CO 80521 1 970 , 221 , 4158 I www. northernengineering . com
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NORTHERN
ENGINEERING
DESCRIPTION : SONGBIRD LANE
Right-of-way to be vacated, located in Section 20, Township 7 North, Range 68 West of
the 6th P .M. , City of Fort Collins, County of Larimer, State of Colorado, and being more
particularly described as follows :
Considering the Northeast right-of-way line of Cutting Horse Drive as bearing South 49'
38' 05 " East and with all bearings contained herein relative thereto :
COMMENCING at the West corner of Outlot F, Bucking Horse Filing Two ; thence
along said Northeast right-of-way line, South 49' 38' 05 " East, 711 . 51 feet; thence, South
40' 21 ' 55 " West, 51 .00 feet to the POINT OF BEGINNING; thence, South 49' 38 ' 05 "
East, 81 . 00 feet; thence along a curve concave to the South having a central angle of 90'
00' 00" with a radius of 15 . 00 feet, an arc length of 23 . 56 feet and the chord of which
bears South 85 ' 21 ' 55 " West, 21 .21 feet; thence, South 40' 21 ' 55 " West, 100. 00 feet;
thence, North 49' 38 ' 05 " West, 51 . 00 feet; thence, North 40' 21 ' 55 " East, 100. 00 feet;
thence along a curve concave to the West having a central angle of 90' 00' 00" with a
radius of 15 . 00 feet, an arc length of 23 . 56 feet and the chord of which bears North 04'
38 ' 05 " West, 21 .21 feet to the POINT OF BEGINNING.
The above described tract of land contains 5 ,961 square feet or 0 . 137 acres, more or less
and is subject to all easements and rights-of-way now on record or existing .
LMS
August 17, 2016
S:\Survey Jobs\687-004\Dwg\Exhibits\687-004 Songbird ROW.doex
301 N . Howes Street, Suite 100 , Fort Collins , CO 80521 1 970 , 221 , 4158 I www. northernengineering . com
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NORTHERN
ENGINEERING
DESCRIPTION : YEARLING DRIVE
Right-of-way to be vacated, located in Section 20, Township 7 North, Range 68 West of
the 6th P .M. , City of Fort Collins, County of Larimer, State of Colorado, and being more
particularly described as follows :
Considering the Northeast right-of-way line of Cutting Horse Drive as bearing South 49'
38' 05 " East and with all bearings contained herein relative thereto :
COMMENCING at the West corner of Outlot F, Bucking Horse Filing Two ; thence
along said Northeast right-of-way line, South 49' 38' 05 " East, 25 . 50 feet; thence, South
40' 21 ' 55 " West, 506 .00 feet to the POINT OF BEGINNING; thence along a curve
concave to the East having a central angle of 90' 00' 00" with a radius of 15 . 00 feet, an
arc length of 23 . 56 feet and the chord of which bears South 04' 38' 05 " East, 21 . 21 feet;
thence, South 49' 38 ' 05 " East, 482. 00 feet; thence, South 40' 21 ' 55 " West, 51 . 00 feet;
thence, North 49' 38' 05 " West, 482. 00 feet; thence, South 40' 21 ' 55 " West, 1 . 00 feet;
thence, North 49' 38' 05 " West, 15 . 00 feet; thence, North 40' 22' 02" East, 67. 00 feet to
the POINT OF BEGINNING.
The above described tract of land contains 25 ,410 square feet or 0 . 583 acres, more or less
and is subject to all easements and rights-of-way now on record or existing.
LMS
June 9, 2016
S:\Survey Jobs\687-004\Dwg\Exhibits\687-004 Yearling ROW.doex
301 N . Howes Street, Suite 100 , Fort Collins , CO 80521 1 970 , 221 , 4158 I www. northernengineering . com
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NORTHERN
ENGINEERING
DESCRIPTION: MILES HOUSE AVENUE
Right-of-way to be vacated, located in Section 20, Township 7 North, Range 68 West of
the 6th P .M. , City of Fort Collins, County of Larimer, State of Colorado, and being more
particularly described as follows :
Considering the Northeast right-of-way line of Cutting Horse Drive as bearing South 49'
38' 05 " East and with all bearings contained herein relative thereto :
BEGINNING at the East corner of Lot 14, Block 2, Bucking Horse Filing Three ; thence,
North 00' 13 ' 32 " West, 13 . 96 feet; thence, North 49' 38 ' 05 " West, 123 . 64 feet; thence,
North 42' 40' 41 " East, 51 . 04 feet; thence, South 49' 38 ' 05 " East, 122. 76 feet; thence,
North 83 ' 2 F 46 " East, 13 . 53 feet; thence, South 40' 2 F 55 " West, 32 . 92 feet; thence
along a curve concave to the Northwest having a central angle of 03 ' 56' 08 " with a
radius of 562 . 00 feet, an arc length of 38 . 60 feet and the chord of which bears South 42'
19' 59 " West, 38 . 60 feet to the POINT OF BEGINNING.
The above described tract of land contains 6, 877 square feet or 0 . 158 acres, more or less
and is subject to all easements and rights-of-way now on record or existing.
LMS
August 19, 2016
S:\Survey Jobs\687-004\Dwg\Exhibits\687-004 Miles House ROW.doex
301 N . Howes Street, Suite 100 , Fort Collins , CO 80521 1 970 , 221 , 4158 I www. northernengineering . com
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