HomeMy WebLinkAbout041 - 05/02/1995 - VACATING PORTIONS OF EAST HORSETOOTH AND MITCHELL RIGHTS-OF-WAY AND RETAINING SAME FOR UTILITY AND D ORDINANCE NO. 41, 1995
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING PORTIONS OF EAST HORSETOOTH ROAD
AND MITCHELL DRIVE RIGHTS-OF-WAY
AND RETAINING THE SAME FOR UTILITY
AND DRAINAGE EASEMENT PURPOSES
WHEREAS, on March 30, 1995, the Planning Director approved the Minor Subdivision
entitled "First Choice Bank of Fort Collins, 1st Filing", and;
WHEREAS, said Subdivision requires the construction of a retaining wall which encroaches
into portions of the rights-of-way for East Horsetooth Road and Mitchell Drive; and
WHEREAS, the Developer has dedicated additional rights-of-way for the construction of
right turn lane from Horsetooth Road to Mitchell Drive; and
WHEREAS, those portions of said rights-of-way which are the subject of the above-
mentioned encroachment are not necessary for public street purposes; and
WHEREAS, it is necessary and desirable to eliminate the retaining wall encroachment and
excess rights-of-way by vacation of those portions of said rights-of-way,more particularly described
on Exhibit "A", attached hereto and incorporated herewith by this reference; and
WHEREAS, pertinent City agencies and private utility companies have been contacted and
report no objection to the proposed vacation upon the condition that said rights-of-way be retained
for utility and drainage easement purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the portions of rights-of-way for East Horsetooth Road and Mitchell Drive, more
particularly described on Exhibit "A",be, and the same hereby are, vacated, abated and abolished;
RESERVING, HOWEVER, unto the City an easement through, under and across the said area for
utility and drainage purposes.
Introduced, considered favorably on First Reading, and ordered published this 18th day of
April, A.D. 1995, and to be presented for Final Passage on the 2nd day of May, A.D. I
ayor
ATTEST:
C���U / City Clerk
Passed and adopted on Final Reading this 2nd day of y, .D. 1995.
Mayor
ATTEST:
NN
City Clerk
EXHIBIT "A"
Legal Description of Area of Mitchell Drive Right-of-Way Vacation:
A parcel of land being 4.50 feet in width located in the NW 1/4, Section 36, Township 7 North,
Range 69 West of the 6th P.M.,City of Fort Collins, County of Larimer, State of Colorado and being
a portion of First Choice Bank of Fort Collins First Filing, a subdivision of record at Reception No.
94090591 of the records of said Latimer County and being more particularly described as follows:
Commencing for reference at the southeast comer of said subdivision;thence along the southerly line
of said subdivision N59 degrees, 24 minutes, 00 secondsW a distance of 35.45 feet to the point of
beginning of the herein described parcel of land; thence continuing along said southerly subdivision
line N59 degrees, 24 minutes 00 seconds W a distance of 5.23 feet to a point on the existing west
right-of-way line of Mitchell Drive; thence along said west right-of-way line N00 degrees, 00
minutes,00seconds E a distance of 246.09 feet; thence continuing along said west right-of-way line
along the arc of a curve to the left with a centeral angle of 89 degrees, 48 minutes, 00 seconds and
a radius of 25.00 feet a distance of 39.18 feet to a point on the existing south right-of-way line of
East Horsetooth Road; thence along said south right-of-way line S89 degrees, 48 minutes, 00
seconds E a distance of 20.41 feet; thence along the arc of a curve to the right with a central angle
of 45 degrees, 34 minutes, 48 seconds and a radius of 30.00 feet a distance of 23.87 feet; thence
parallel with said existing west right-of-way line S 00 degrees 00 minutes 00 seconds W a distance
of 252.25 feet to the point of beginning. Containing 1,299 square feet (0.030 acres) of land, more
or less.
together with a Legal Description of the Area of East Horsetooth Road Right-of-Way Vacation:
A parcel of land being 8.50 feet in width located in the NW 1/4, Section 36, Township 7 North,
Range 69 West of the 6th P.M.,City of Fort Collins, County of Larimer, State of Colorado and being
a portion of First Choice Bank of Fort Collins, First Filing, a subdivision of record at Reception No.
94090591 of the records of said Larimer County and being more particularly described as follows:
Commencing for reference at the Northwest corner of said subdivision; thence S 45 degrees, 18
minutes, 00 seconds W a distance of 21.39 feet to the point of beginning of the herein described
parcel of land; thence parallel with the existing south right-of-way line of East Horsetooth Road, S
89 degrees, 48 minutes, 00 seconds E a distance of 301.29 feet; thence along the arc of a curve to
the right with a central angle of 44 degrees, 13 minutes, 12 seconds and a radius of 30.00 feet a
distance 23.15 feet; thence along said existing south right-of-way line N 89 degrees, 48 minutes, 00
seconds W a distance of 330.74 feet; thence N 45 degrees, 18 minutes, 00 seconds E a distance of
12.04 feet to the point of beginning. Containing 2,719 square feet(0.062 acres)of land,more or less.