HomeMy WebLinkAbout039 - 06/01/1993 - VACATING A PORTION OF THE RIGHT-OF-WAY FOR MUDDY ROAD OF THE OBSERVATORY HEIGHTS SUBDIVISION ORDINANCE NO. 39, 1993
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A PORTION OF THE RIGHT-OF-WAY
FOR MUDDY ROAD AS DEDICATED ON THE
ORIGINAL PLAT OF THE OBSERVATORY HEIGHTS SUBDIVISION
WHEREAS, the Observatory Heights Subdivision, which was originally platted
in Larimer County on July 1, 1925, and subsequently annexed into the City of Fort
Collins, included a dedication to the public of a right-of-way for Muddy Road;
and
WHEREAS, subsequent development in the City of Fort Collins has resulted
in the dedication of right-of-way for and construction of U.S. Highway 287 (South
College Avenue) and certain City streets that serve the area originally platted
as Observatory Heights Subdivision; and
WHEREAS, Muddy Road has never been constructed to City standards and is no
longer necessary as a public street for traffic circulation or access purposes;
and
WHEREAS, the Planning and Zoning Board has approved the ShopKo P.U.D.
Preliminary, which upon final approval , replats portions of the Observatory
Heights Subdivision, including portions of the Muddy Road right-of-way; and
WHEREAS, the approval of said final ShopKo P.U.D. and the existence of the
adjacent public street system make it necessary and desirable to vacate portions
of the Muddy Road right-of-way; and
WHEREAS, pertinent City agencies and private utility companies 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 portion of Muddy Road right-of-way more particularly described on
Exhibit "A, " attached hereto and incorporated herewith, be, and the same hereby
is, vacated, abated, and abolished.
Introduced, considered favorably on First Reading, and ordered published
this 20th day of April , A.D. 1993, and to be presented for final pass eon the
1st day of June>A.D. 1993.
Mayor
ATTEST:
City Clerk �14
Passed and adopted on final reading this 1st day of June, A.D. 1993.
a
ATTEST:
City Clerk
F_XHIiapIT "A
STREET IOC HT—Oo F-WAY MAA\CAMN
ON OBSERVATORY HEOGHTS,
LOCATED ON NW 1/4 OF SEC.33. 1r.7 N, FL69 W.
OF 8th P.M, COIF( OF FORT C®LUNS,
ILAROM ER cC®UNTYg COLORADO
LEGAL DESCRIPTION — "Muddy" Road Vacation
A portion of "Muddy" Road, being the 50 foot wide road platted through
Observatory Heights subdivision, according to the recorded plat thereof, Larimer
County, Colorado, located in the Northwest quarter of Section 36, Township 7
North, Range 69 West of the 6th Principal Meridian being described as follows:
Commencing at the Northwest corner of said Section 36 and considering the West
line of said Northwest quarter to bear South 00°29'00" East with all bearings
contained herein, relative thereto; thence along said West line South 00029'00"
East, 1751 .75 feet; thence departing said West line, North 89131 '00" East, 50.28
feet to the intersection of the North right-of-way line of said "Muddy" Road with the
East right-of-way line of College Avenue and the POINT OF BEGINNING of this
description; thence along said North right-of-way line South 65°38'00" East, 731 .99
feet to the West right-of-way line of JFK Parkway as platted in the Toys "R"
Us/Western Auto P.U.D., according to the recorded plat thereof; thence departing
said North right-of-way line, South 15°14'49" East, 10.45 feet to the North right-
of-way line of Boardwalk Drive as platted in The Fountainhead P.U.D. Phase One,
according to the recorded plat thereof; thence along said North right-of-way the
following courses: North 65133'36" West, 134.93 feet; thence along a curve line
to the left, having a delta of 20052'37", a radius of 644.00 feet and an arc of
234.66 feet to the South right-of-way line of said "Muddy" Road; thence along said
South right-of-way line North 65138'00" West, 352.27 feet to the East right-of way
line of College Avenue; thence along said East right-of-way line the following
courses: North 00°05'00" West, 26.66 feet; thence North 01121 '41 " East, 27.81
feet to the POINT OF BEGINNING of this description, containing 24,140 square feet
(0.55 acres), more or less.
SURVEYOR'S CERTIFICATE
I, MICHAEL C. CREGGER, do hereby certify that this exhibit and legal description
were prepared by me or under my direct supervision and are true and correct to the
best of my knowledge. This exhibit does not constitute a land survey as defined by
Colorado statutes. /�
z9 93 (�
Dat 7M;IAHAE�L C. CREGGER
Professional Land Surveyor
t'•4 III"'IDA01 Colorado Registration No. 22564
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