HomeMy WebLinkAbout027 - 03/18/1986 - VACATING THE RIGHT-OF-WAY OF WINDMILL DRIVE IN WOODWEST SEVENTH FILING RCPTN # 86014104 20/86 15 : 05 : 35 # OF F 's - 3 FEE - $9 .00
J . ULVANG, RECORDER - LARIMER COUNTY , CO . DOC. L6E- $ .00
This Ordinance is being re-recorded to correct a typographical error in the legal
description. ORDINANCE NO. 27, 1986
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING THE RIGHT-OF-WAY OF WINDMILL DRIVE
IN WOODWEST SEVENTH FILING
WHEREAS, the Council of the City of Fort Collins has been petitioned to
vacate the right-of-way of Windmill Drive located in Woodwest Seventh
Filing, set forth in more particular below; and
WHEREAS, on July 2, 1985 the Council approved a development plan which
provided for the vacation of the above mentioned portion of Windmill Drive,
so long as the applicant for vacation agreed to fulfill certain
requirements pertaining to said vacation ; and
WHEREAS, meetings between City staff and the applicant have affirmed
that the applicant has agreed in writing to fulfill the conditions imposed
by Council ; and
WHEREAS, all concerned utility companies have been contacted and have
no objection to the vacation of Windmill Drive as a public street so long
as easements therein are retained for utility purposes; and
WHEREAS, the rights of the residents of the City will in no way be
prejudiced or injured by said vacation and the City will retain a right
therein for pedestrian access and other associated uses.
NOW, THEREFORE , BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the right-of-way of Windmill Drive in Woodwest Seventh
Filing, set out more particularly as follows, to wit:
The right-of-way for Windmill Drive as platted in Woodwest
Seventh Filing, according to the recorded plat thereof, City
of Fort Collins, Larimer County, Colorado being described as
follows: All of said Windmill Drive lying Easterly of Lot
27, Block 17 , lying Westerly of Lot 1, Block 20 and lying
Southerly of the prolongation of the Northerly lines of said
Lot 27 , Block 17 and Lot 1, Block 20 of said Woodwest
Seventh Filing. The above described tract contains 8,800
square feet , more or less.
be, and the same hereby is, vacated, abated, and abolished by public street
purposes except as provided hereinafter.
Section 2. That the following described portions of Windmill Drive be,
and they hereby are, accepted and retained as perpetual easements ,
dedicated to the public use for utility and utility related purposes:
Utility Easement #1
A portion of Windmill Drive as platted in Woodwest Seventh
Filing according to the recorded plat thereof, City of Fort
Collins , Larimer County, Colorado, being described as
follows: Commencing at the Southeast corner of Lot 27, Block
17 of said Woodwest Seventh Filing, said corner being the
POINT OF BEGINNING of this description, and considering the
Easterly line of said Lot 27 , Block 17 to bear North
00013'40" West, with all bearings contained herein, relative
thereto; thence Northerly along said Easterly line North
00°13'40" East, 8.00 feet; thence departing said Easterly
line along a line being 8 feet Northerly of and parallel
with the Southerly line of said Woodwest Seventh Filing
North 89046' 20" East , 15.00 feet; thence along a line being
15 feet Easterly of and parallel with the Easterly line of
said Lot 27, Block 17 North 00°13'40" West, 137.00 feet to
the prolongation of the Northerly lines of Lot 27, Block 17
and of Lot 1, Block 20 of said Woodwest Seventh Filing;
thence along said prolongation North 89046' 20" East, 20.00
feet; thence departing said prolongation along a line being
25 feet Westerly of and parallel with the Westerly line of
said Lot 1, Block 20 South 00013'40" East, 137.00 feet;
thence along a line being 8 feet Northerly of and parallel
with the Southerly line of said Woodwest Seventh Filing,
North 89°46'20" East, 25.00 feet to the Westerly line of
said Lot 1, Block 20; thence Southerly along said Westerly
line South 00°13'40" East, 8.0 feet to the Southwest corner
of said Lot 1, Block 20; thence Westerly along the Southerly
line of said Woodwest Seventh Filing, South 89°46' 20" West,
60.00 feet to the point of beginning of this description.
The above described utility easement contains 3,220 square
feet, more or less.
Utility Easement q2
A 6 foot wide utility easement described as the North 6 feet
of the right-of-way of Windmill Drive as platted in Woodwest
Seventh Filing, according to the recorded plat thereof, City
of Fort Collins, Larimer County, Colorado said right-of-way
being described as follows: All of said Windmill Drive
lying Easterly of Lot 27, Block 17 , lying Westerly of Lot 1,
Block 20 and lying Southerly of the prolongation of the
Northerly lines of said Lot 27, Block 17 and Lot 1, Block
20 of said Woodwest Seventh Filing. The above described
utility easement contains 440 square feet, more or less.
Section 3. That the following described portion of Windmill Drive be,
and it hereby is, accepted, retained and dedicated to the public use for
public access including, but without limitation, pedestrian ways, bicycle
paths, and other associated uses as follows:
Public Access Easement
A portion of Windmill Drive as platted in Woodwest Seventh
Filing according to the recorded plat thereof, City of Fort
Collins, Larimer County, Colorado, being described as
follows: Commencing at the Southeast corner of Lot 27,
Block 17 of said Woodwest Seventh Filing and considering the
Easterly Line of said Lot 27, Block 17 to bear North
00°13' 40" West, with all bearings contained herein relative
thereto; thence Easterly along the Southerly line of said
Woodwest Seventh Filing North 89°46' 20" East , 43.00 feet to
the POINT OF BEGINNING of this description; thence departing
said Southerly line along a line being 17 feet Westerly of
and parallel with the Westerly line of Lot 1 , Block 20 of
said Woodwest Seventh Filing North 00013' 40" West, 145.00
feet to the prolongation of the Northerly lines of Lot 27,
Block 17 and of Lot 1 , Block 20 of said Woodwest Seventh
Filing; thence Easterly along said prolongation North
89°46' 20" East, 32.00 feet to the Westerly line of said Lot
1 , Block 20; thence along a curve to the left having a delta
of 90°00'00" , a radius of 15.00 feet , an arc of 23.56 feet
and a long chord which bears South 44046'20" West , 21.21
feet; thence South 00°13' 40" East, 130.00 feet to the
Southwest corner of said Lot 1, Block 20; thence Westerly
along the Southerly line of said Woodwest Seventh Filing
South 89046'20" West. 17.00 feet to the point of beginning
of this description. The above described public access
easement contains 2,510 square feet , more or less.
Section 4. That the City shall bear no further cost, nor have any
further obligation to maintain the portions of Windmill Drive which are
herein vacated. However, the City has , as a condition for approval of the
development immediately south of the street being vacated by this
ordinance, required the developer to remove all existing improvements and
structures within the said vacated right-of-way and construct the curb,
gutter and sidewalk along Gunnison Drive in conformance with plans on file
in the City Engineer's Office to construct the public access improvements
from Gunnison Drive south to the property line and install all landscaping
required and approved by the City.
Introduced, considered favorably on first reading, and ordered
published this 4th day of March, A.D. 1986 , and to be presented for final
passage on the 18th day of March, A.D. 1986.
Mayor
ATTEST:
o,u4. yllm h 6 ae
City Clerk
Passed and adopted on final reading this 1 day of March, A.D. 1986.
Aillf
ayor
ATTEST:
City Clerk