HomeMy WebLinkAbout130 - 10/03/2023 - APPROVING THE VACATION OF AN EMERGENCY ACCESS EASEMENT LOCATED ON LOT 1 OF THE ELIZABETH SUBDIVISIONORDINANCE NO.130,2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE VACATION OF AN EMERGENCY ACCESS EASEMENT
LOCATED ON LOT 1 OF THE ELIZABETH SUBDIVISION
WHEREAS,Elizabeth Street Holdings,LLC,Kevin R.Krause,Adrian K.Krause,and
Barry Schram subdivided lands owned by them by the Elizabeth Subdivision plat,recorded with
the Larimer County Clerk and Recorder on May 16,2018,at Reception No.20180028923;and
WHEREAS,the subdivision created a Lot 1 with an address of 811 East Elizabeth Street
and a Lot 2 with an address of 813 East Elizabeth Street;and
WHEREAS,the subdivision created an emergency access easement (the “Easement”)
across Lot 1 to benefit Lot 2 as required by the Land Use Code (“LUC”)and the International Fire
Code,as adopted and amended by Chapter 9 of the City Code,(“IFC”)with said Easement
dedicated to the City;and
WHEREAS,the Easement is described on Exhibit “A”,attached and incorporated herein
by this reference;and
WHEREAS,both Lot 1 and Lot 2 were subsequently conveyed to Kevin R.Krause,who
remains the current owner;and
WHEREAS,Mr.Krause constructed a residence on Lot 2,which included the installation
of a fire sprinkler system in the residence;and
WHEREAS,because of the fire sprinkler system,the LUC and the IFC no longer require
the Easement across Lot 1 to benefit Lot 2,and Mr.Krause has requested the City vacate the
Easement so that Lot 1 may be redeveloped without the burden of the Easement;and
WHEREAS,City staff and Poudre Fire Authority staff are recommending the City Council
vacate the Easement because it is no longer necessary or required by the LUC and the IFC.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1.That the City Council hereby makes any and all determinations and findings
contained in the recitals set forth above.
Section 2.That the City Council hereby finds and determines that the emergency
access easement,more particularly described on Exhibit “A”is no longer needed or required for
emergency access across Lot 1 to Lot 2 and that it is in the public interest to vacate the same.
Section 3.That the specified emergency access easement is hereby vacated,abated,
and abolished,providing that:
A.This vacation shall not take effect until this Ordinance is recorded with the
Larimer County Clerk and Recorder by the property owner or his agent.
B.If this Ordinance is not recorded by December 31,2023,then this Ordinance
shall become null and void and of no force and effect.
Introduced,considered favor~j.~._~j~first reading,and ordered published this 19th day of
September,2023,and to be pres -.~f ~ssage on the 3rd day of 0 ber,2023.
~44 ~1%
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ATTEST:
City Clerk
Passed and adopted on final ~3rd day
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of October,~
City Clerk
EXHIBIT A TO ORDINANCE NO.130,2023
PROPERTY DESCRIPTION
Easement Vacation
A parcel of land,being an existing Emergency Access Easement situate within Lot I.Block I of
Elizabeth Subdivision recorded May 16,2018 as Reception No.20180028923 of the Records of the
Larimer County Clerk and Recorded,located in Section Thirteen (13).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 Lanmer,Stale of Colorado and being more particularly described as folIows~
COMMENCING at the Northwest corner of Lot I,Block I of Elizabeth Subdivision and
assuming the North line of said Lot I as beanng South 89 57’37”East being a Grid Bearing of the
Colorado State Plane Coordinate System.North Zone.North American Datum 1983/2011,a
distance of 80.00 feei with all other bearings contained herein relative thereto;
THENCE South 8997’37”East along said North line a distance of 39.65 feet to the Northwest
corner of an existing Emergency Access Easement and to the POINT OF BEGINNING;
THENCE continuing South 89 5737’East along said North line a distance of 20.00 feet:
HENC South 00 0000”East a distance of 94.9 feet:
THENCE North 90°00’OO”West a distance of 20.00 feet;
THENCE North 00°00’OO”West a distance of 94.98 feet to the POINT OF BEGINNING.
Said descnbed parcel of land contains a total of 1,899 square feet or 0.044 acre more or less
SURVEYORS STATEMENT
I,Paul B.Groves,a Colorado Licensed 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
KING SURVEYORS
650 East Garden Drivc
Windsor,Colorado 80550
(970)686-5011
Paul B.Groves -on
Colorado Licensed Professional
Land Surveyor #38209
Sun eyors
P 20230293 DESCRIPTION~202302O3.VACA1ION.doc
EXHIBIT A TO ORDINANCE NO.130,2023
LOT 1 BLOCK 1 •ELIZABETH SUB.
EASEMENT VACATION EXHIBIT A (2 of 2)SE1’/4 SEC.13,T7N,R69W
EASTELJZABBTHSTREET
(s?O.W VARiES)
Paul B.Groves —On Behalf 01 King Surveyors
Colorado Licensed Professional
Lond Surveyor #38209
NOTE:This exhibit drawing is not intended to be a rnanumented
representotion to aid in the visualization of the written property
property description supersedes the exhibit drawing.
20 10 20r
PROJECT NO:2O230293fl’~KING SURVEYORS DATE:6/28/20234P~4I#650 E.Garden Drive I Windsor,Colorado 80550 CLIENT:KEVIN KRAUSE
phone:(970)686-5011 I fax:(970)686-5821 DWG:20230293—VACATION
email:conlan@KingSurveyors.com DRAWN:SMF CHECKED:PC
(BASIS OF BEARINGS)
589’57’37’E 80.00
39.65’P.0.8.
NW CORNER LOT I
P.0.C.
uNn,4 nro
LOT 1,BLOCK I
ELIZABETH SUB.
VML4 flED
L072 RL~I
ELa4BFm StiR
SCALE IN FEET
SCALE:1=20’
land survey.Its sole purpose is as a graphic
description which it occomponies The written