HomeMy WebLinkAbout101 - 08/01/1995 - VACATING STREET RIGHT-OF-WAY FOR WEST STREET BETWEEN VINE AND THE ARTHUR DITCH AND RETAINING PORTION ORDINANCE NO. 101, 1995
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING PORTIONS OF STREET RIGHT-OF-WAY
FOR WEST STREET BETWEEN VINE DRIVE
AND THE ARTHUR DITCH AND RETAINING
A PORTION OF THE SAME FOR UTILITY
EASEMENT PURPOSES
WHEREAS, it has been brought to the City's attention that the existing house at 1037 West
Vine Drive (the Property) encroaches into the public street right-of-way for West Street; and
WHEREAS, the Owner of said Property has requested that the City vacate portions of the
right-of-way for West Street,more particularly described below, to eliminate the encroachment; and
WHEREAS,the-originally platted seventy(70) foot wide street right-of-way_ is in excess of
what is necessary for street and utility purposes; and
WHEREAS, forty-eight (48) feet of right-of-way is adequate to accommodate the existing
street and utilities and anticipated future street and utility work; and
WHEREAS, the City intends to retain forty-eight (48) feet of right-of-way for public street
and utility purposes which is consistent with the right-of-way width required for a residential street;
and
WHEREAS, a portion of the street right-of-way to be vacated will be retained for utility
easement purposes, more particularly described below, to accommodate the existing water line in
West Street; and
WHEREAS, all public and private utility agencies,property owners adjacent to West Street
between Vine Drive and Arthur Ditch,and the Poudre Fire Authority have been contacted and report
no objection to the proposed vacation; and
WHEREAS,the rights of the residents of the City of Fort Collins will not be prejudiced or
injured by the-vacation of said-right-of-way.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the right-of-way for West Street more particularly described as follows, to wit:
Those portions of West Street (platted as "Mack Street" on the Plat of Capitol Hill
Addition)located in the Northwest Quarter of Section 11,Township 7 North, Range
69 West of the Sixth Principal Meridian, City of Fort Collins, Latimer County,
Colorado described as follows:
The East 10.00 feet of the said West Street lying north of the
northerly right-of-way of the Arthur Ditch; and
the West 12.00 feet of the said West Street lying north of the
northerly right-of-way of the Arthur Ditch
be, and the same hereby are, vacated, abated, and abolished, RESERVING, HOWEVER, unto the
City of Fort Collins that portion of the West 12.00 feet of West Street lying between the easterly
prolongation of the south line of Lot 7 Block 326 and north of the northerly right-of-way of the
Arthur Ditch as a Permanent Utility Easement.
Introduced,considered favorably on first reading,and ordered ublished this 18th day of July,
A.D. 1995, and to be presented for final passage on the 1 st d A ust A.D.,
ayor /
E
ATTEST:
City Clerk
Passed and adopted on final reading this 1 st day of A st A ., 1995.
ayor
ATTEST:
City Clerk
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