HomeMy WebLinkAbout057 - 07/06/1993 - VACATING A PORTION OF THE RIGHT-OF-WAY FOR BUTCH CASSIDY DRIVE IN SUNDANCE HILLS PUD, FILING 2 AND R ORDINANCE NO. 57, 1993
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A PORTION OF THE RIGHT-OF-WAY FOR BUTCH CASSIDY DRIVE
AS DEDICATED WITH THE SUNDANCE HILLS P.U.D. FILING TWO
AND RETAINING THE SAME FOR A UTILITY, DRAINAGE, AND PUBLIC
PEDESTRIAN AND BICYCLE ACCESS EASEMENT
WHEREAS, the Council of the City of Fort Collins has received a request
from the Owner and Developer of a portion of the Sundance Hills P.U.D. Filing Two
(to be known as the Greenbriar Village P.U.D. First Filing) to vacate a portion
of the right-of-way for Butch Cassidy Drive within the said Sundance Hills
P.U.D. ; 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 right-of-way be retained as a utility, drainage, and public pedestrian
and bicycle access easement; and
WHEREAS, the portion of Butch Cassidy Drive proposed for vacation has never
been constructed and the right-of-way is no longer necessary to retain for future
street construction; and
WHEREAS, there will be no cost to the City in making the proposed vacation
of right-of-way and retention of the same for utility, drainage and public
pedestrian and bicycle access purposes; and
WHEREAS, the rights of the residents of the City of Fort Collins will not
be prejudiced or injured by the vacation of said street right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
that the portion of street right-of-way for Butch Cassidy Drive more particularly
described on Exhibit "A, " attached hereto and incorporated herewith, be, and the
same hereby is, vacated, abated, and abolished; EXCEPTING AND RESERVING, however,
unto the City the said area as an easement for utility, drainage and public
pedestrian and bicycle access purposes.
Introduced, considered favorably on First Reading, and ordered published
this 15th day of June, A.D. 1993, and to be presented for final passage on the
6th day of July, A.D. 1993.
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ATTEST:
City Clerk
Passed and adopted on Final Reading this 6th day of July, A.D. 1993.
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ATTEST:
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City Clerk
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EXHIBIT "A"
DESCRIPTION OF BUTCH CASSIDY DRIVE VACATION
A part of Butch Cassidy Drive situate in Sundance Hills - Filing Two, P.U. D. ,
City of Fort Collins, County of Larimer, State of Colorado, which considering
the East line of the Northwest a of Section 1, Township 7 North, Range 69 West
of the 6th P.M. as bearing S 00' 00' 23" E and with all bearings contained
herein relative thereto is contained within the boundary lines which begin
at a point on the Southerly line of Butch Cassidy Drive which bears S 00' 00'
23" E 439.73 feet and again N 89' 56' 14" W 40.00 feet and again S 00' 00'
23 E 757. 12 feet and again N 69' 18' 30" W 772.88 feet and again N 20' 41 '
30 W 143. 37 feet from the North 'a corner of said Section 1 and run thence
N 690 18' 30" W 109.00 feet; thence along the arc of a 50.00 foot radius curve
to the left a distance of 64.35 feet, the long chord of which bears N 2Q° 41 '
30" E 60.00 feet; thence S 69' 18' 30" E 109.00 feet; thence S 20' 41 ' 30" W
60.00 feet to the point of beginning.