HomeMy WebLinkAbout160 - 12/05/2029 - APPROVING THE VACATION OF A DRAINAGE EASEMENT LOCATED ON TRACT A OF THE OLD TOWN NORTH, FIFTH FILINGORDINANCE NO.160,2023
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING THE VACATION OF A DRAINAGE EASEMENT LOCATED
ON TRACTAOF THE OLD TOWN NORTH,FIFTH FILING SUBDIVISION
WHEREAS,Rocky Mountain High,LLC,subdivided land owned by it through the Plat of
the Old Town North Fifth Filing,recorded with the Larimer County Clerk and Recorder on May
6,2020,at Reception No.20200031386;and
WHEREAS,the subdivision created Tract A,located at the southwest corner of the
intersection of East Suniga Road and Blondel Street;and
WHEREAS,the subdivision included a drainage easement dedicated to the City for the
purpose of capturing offsite stormwater flow (the “Easement”)that covers the entirety of Tract A;
and
WHEREAS,the Easement is described on Exhibit “A”,attached hereto and incorporated
by this reference;and
WHEREAS,the City has subsequently constructed stormwater improvements —
specifically,the Northeast College Corridor Outfall Project in the vicinity of the Easement that
eliminated offsite stormwater flows onto Tract A,thereby eliminating the need for the Easement;
and
WHEREAS,Rocky Mountain High,LLC,has requested that the City vacate the Easement
so that Tract A may be redeveloped without the burden of the Easement;and
WHEREAS,City staff in the Stormwater Utility has verified that the Easement is no longer
necessary and is recommending the City Council vacate the Easement.
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 Easement,more
particularly described on Exhibit “A”,is no longer needed or required for stormwater drainage
onto Tract A,and that vacating the Easement is in the best interests of the City,will not impair the
viability of the City’s stormwater utility system as a whole,and is for the benefit of the citizens of
the City.
Section 3.That the Easement is hereby vacated,abated,and abolished;provided,
however,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 its agent;and
(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 favorably on first reading and ordered p ished this 21st day of
November,2023,and to be presented for final passage on~ji e 5th day o jE~ember,2023.
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Passed and adopted on final reading thi 5th day of I -,ber,2023.,
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EXHIBIT A TO ORDINANCE NO.160,2023
Legal Description of Easement
A drainage easement comprised of approximately 35,198 square feet (0.808 acres),more or less,
located in the Southwest 1/4 of Section 1,Township 7 North,Range 69 West of the 6th P.M.,
Larimer County,Colorado,being all of Tract A,OLD TOWN NORTH FIFTH FILING,Fort
Collins,Larimer County,Colorado,recorded at Reception No.20200031386,Clerk and
Recorder’s Records,Larimer County,Colorado.
EXHIBITATO ORDINANCE NO.160,2023
Depiction of Easement
EAST SUNIGA ROAD
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Cofli 1€tPCO.‘C COl’~Sfl~
MO
OLD TQWt4 NORW
BLOCK 2
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OLD TOWN NORTH
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