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HomeMy WebLinkAbout102 - 06/16/1998 - AMENDING ORDINANCE NO. 170, 1979 DESIGNATING THE PUBLIC RIGHTS-OF-WAY AND CERTAIN OTHER REAL PROPERT ORDINANCE NO. 102, 1998 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ORDINANCE NO. 170, 1979, BY THE LOCAL LANDMARK DESIGNATION OF THE PUBLIC RIGHTS-OF-WAY AND CERTAIN OTHER REAL PROPERTY OWNED BY THE CITY OF FORT COLLINS AND BY THE DOWNTOWN DEVELOPMENT AUTHORITY, LOCATED WITHIN THE PERIMETER OF THE OLD TOWN FORT COLLINS HISTORIC DISTRICT, FORT COLLINS, COLORADO, PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, pursuant to Section 14-2 of the City Code,the City Council has established a public policy encouraging the protection,enhancement and perpetuation of historic landmarks within the City; and WHEREAS, pursuant to Ordinance No. 170, 1979, the City Council established the Old Town Fort Collins Historic District as a local landmark district,describing said district both verbally and graphically; and WHEREAS,although the graphic description included internal and perimeter rights-of-way and all real property, the written description attached to, and incorporated in, Ordinance No. 170, 1979, did not; and WHEREAS, by Resolution dated May 13, 1998 the Landmark Preservation Commission ("Commission") has determined that such public rights-of-way and other real property (hereafter sometimes referred to as the"Property")located within the perimeter of the Old Town Fort Collins Historic District have importance to the City in that they are geographically significant; and WHEREAS,the Commission has further determined that the Property meets the criteria of a landmark as set forth in Section 14-5 of the Code and is eligible for designation as a local landmark, and has recommended to the City Council that said Property be designated by the City Council as a local landmark; and WHEREAS,the property owners(the City of Fort Collins and the Downtown Development Authority)have consented in writing to the proposed designation; and WHEREAS, such landmark designation will preserve the Property's importance to the community; and WHEREAS, the City Council has reviewed the recommendation of the Commission and desires to approve such recommendation and designate the Property as a historic landmark; and WHEREAS,the Council has determined that Ordinance No. 170, 1979, should be amended to include said public rights-of-way and other real property owned by the City of Fort Collins and the Downtown Development Authority not previously designated in said Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Exhibit"A"to Ordinance No. 170, 1979, of the Council of the City of Fort Collins be, and hereby is, amended by changing the legal description of the Old Town Fort Collins Historic District as described therein to that contained in Attachment "A," attached hereto and incorporated herein by this reference, in order that the public rights-of-way and other real property as described in said Attachment"A"also are clearly designated as being within the historic landmark district pursuant to Chapter 14 of the Code of the City of Fort Collins, to the extent that such designation was not made clear in Ordinance No. 170, 1979. Section 2. That a new Section 4 shall be, and hereby is, added to Ordinance No. 170, 1979, which shall read in its entirety as follows: Section 4. That the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (U.S. Department of the Interior, National Park Services, Revised 1983) shall serve as the standards by which alterations, additions and other changes to structures located upon the property described in Attachment "A" shall be reviewed for compliance with Chapter 14, Article I11, of the Code of the City of Fort Collins. Section 3. That nothing in this Ordinance shall be construed to prohibit the accomplishment of any work in the Old Town Fort Collins Historic District if such work will neither materially change the exterior appearance nor the exterior architectural features of improvements or structures, nor the character of appearance of the land itself, and which is considered necessary as a part of normal maintenance and repair. Section 4. That, except as amended above,the provisions of Ordinance No. 170, 1979, shall remain in full force and effect. Introduced,considered favorably on first reading,and ordered published this 2nd day4June, A.D. 1998, and to be presented for final passage on the 16th days e, A.D. 199$ 'f r 'or TTEST: 11 Pk City Clerk Passed and adopted on final reading this 16th day of June, A.D. 1998. Mayors. ATTEST: City Clerk ATTACHMENT"A" DESCRIPTION OF THE CORRECTED BOUNDARY OF THE HISTORIC OLD TOWN FORT COLLINS LANDMARK DISTRICT A tract of land located in the West Half of Section 12 and in the East Half of Section 11 in Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, more particularly described as follows; Commencing at the intersection of the southerly prolongation of the East line of Lot 7 of Block 19 of the Resub of Blocks 11,14,18 and 19 a Plat of record with the Clerk and Recorder of the said Larimer County with the face of the sidewalk on the north side of East Mountain Avenue,the said intersection point is also the TRUE POINT OF BEGINNING of this description; THENCE along the said prolongated Lot line and along the said East line of Lot 7,northerly to the northeast corner of the said Lot 7; THENCE perpendicular to the centerline of Walnut Street, northeasterly to the intersection with the face of the sidewalk on the southerly side of Walnut Street; THENCE northeasterly across Walnut Street to the intersection of the southwesterly prolongation of the Southeasterly line of Lot 12 of Block 12 of the City of Fort Collins a Plat of record with the said Clerk and Recorder with the face of the sidewalk on the northerly side of Walnut Street; THENCE along the said prolongated line of Lot 12,and along the said Southeasterly line of Lot 12 and its northeasterly prolongation and along the Southeasterly Line of Lot 11 of the Said Block 12 and its southwesterly and northeasterly prolongation, to the said prolongated line's intersection with the face of the sidewalk on the southerly side of Jefferson Street; THENCE along the said face of the sidewalk on the southerly side of Jefferson Street, its northwesterly prolongation through Linden Street,continuing along the said face of the sidewalk on the southerly side of Jefferson Street adjoining Block 13 of the said City of Fort Collins, and its northwesterly prolongation,northwesterly to its intersection with the northeasterly prolongation of the face of the sidewalk on the easterly side of Pine Street; THENCE along the said northeasterly prolongation of the face of the sidewalk on the easterly side of Pine Street, and along the said face of the sidewalk on the easterly side of Pine Street adjoining the said Block 13 and its southwesterly prolongation to its intersection with the said face of the sidewalk on the southerly side of Walnut Street; THENCE along the said face of the sidewalk on the southerly side of Walnut Street, and its northwesterly prolongation,northwesterly to its intersection with the northerly prolongation of the face of the sidewalk on the east side of College Avenue; THENCE along the said northerly prolongation of the face of the sidewalk on the east side of College Avenue, and along the said face of the sidewalk on the east side of College Avenue adjoining Block 18 of the said Resub of Blocks 11,14,18 and 19 and its southerly prolongation to its intersection with the westerly prolongation of the said face of the sidewalk on the north side of East Mountain Avenue; THENCE along the said westerly prolongation of the face of the sidewalk on the north side of East Mountain Avenue,and along the said face of the sidewalk on the north side of East Mountain Avenue adjoining the said Block 18, across the vacated Linden Street and adjoining the said Block 19, easterly to the point of beginning. EXCEPTING therefrom all property owned by Progressive Old Town Square,LLC and 238 E. Mountain, LLC, the legal description of which is attached. Property Owned by PROGRESSIVE OLD TOWN SQUARE,LLC PARCELI: Lots A,17,16,15 and 14,and portions of Lots 13,12,11 and 10,Block 19 in the City of Fort Collins,and portions of the abandoned Linden Street in the City of Fort Collins,according to the recorded Plats thereof,being described as follows: BEGINNING at the Southwest corner of Block 18 in the City of Fort Collins thence North 89 degrees 57 minutes 40 seconds East 59.79 feet; thence North 41 degrees 16 minutes 20 seconds East 91.31 feet; thence South 46 degrees 46 minutes 00 seconds East 65.06 feet to the TRUE POINT OF BEGINNING: thence South 41 degrees 16 minutes 20 seconds West 15.00 feet; thence South 23 degrees 01 minutes 15 seconds East 13.82 feet; thence North 89 degrees 57 minutes 40 seconds East 162.21 feet; thence North 0 degrees 19 minutes 47 seconds West 14.24 feet; thence North 89 degrees 40 minutes 13 seconds East 4.00 feet; thence North 44 degrees 40 minutes 13 seconds East 14.15 feet; thence North 0 degrees 19 minutes 47 seconds West 76.00 feet; thence North 45 degrees 19 minutes 47 seconds West 14.15 feet; thence South 89 degrees 40 minutes 13 seconds West 4.00 feet; thence North 0 degrees 19 minutes 47 seconds West 30.04 feet; thence North 87 degrees 43 minutes 49 seconds West 8.09 feet; thence South 41 degrees 33 minutes 28 seconds West 0.95 feet, thence North 48 degrees 43 minutes 40 seconds West 3.54 feet; thence South 86 degrees 16 minutes 20 seconds West 15.00 feet; thence South 41 degrees 16 minutes 20 seconds West 20.51 feet; thence South 3 degrees 43 minutes 40 seconds East 7.50 feet; thence South 86 degrees 16 minutes 20 seconds West 27.53 feet; thence South 41 degrees 16 minutes 20 seconds West 129.29 feet; thence North 46 degrees 46 minutes 00 seconds West 6,51 feet to the TRUE POINT OF BEGINNING County of Larimer,State of Colorado. PARCEL It: Portions of Lots 18,19,20 and 21,in Block 19,in the City of Fort Collins and a portion of the abandoned alley between Linden and Walnut Streets in said Block 19,according to the recorded Plat thereof,being described as follows: Beginning at the Northeast comer of Block 18,in the City of Fort Collins; thence South 48 degrees 43 minutes 30 seconds East 100.00 feet to the TRUE POINT OF BEGINNING; thence South 41 degrees 3 minutes 6 seconds West 78.57 feet; thence South 1 degrees 7 minutes 10 seconds East 7.72 feet; thence South 61 degrees 8 minutes 0 seconds East 12.58 feet; thence South 28 degrees 52 minutes 0 seconds West 10.67 feet; thence South 12 degrees 7 minutes 12 seconds East 8.39 feet; thence South 61 degrees 8 minutes 0 seconds East 26.25 feet; thence North 88 degrees 56 minutes 11 seconds East 12.69 feet; thence North 28 degrees 52 minutes 0 seconds East 10.67 feet; thence South 61 degrees 8 minutes 0 seconds East 11.50 feet; thence North 41 degrees 41 minutes 6 seconds East 32.45 feet; thence South 48 degrees 18 minutes 54 seconds East 14.67 feet, thence North 65 degrees 27 minutes 17 seconds East 5.52 feet; thence North 40 degrees 26 minutes 27 seconds East 32.55 feet; thence North 48 degrees 43 minutes 40 seconds West 87.47 feet to the TRUE POINT OF BEGINNING. County of Larimer,State of Colorado. PARCEL III. Portions of Lots 10,11 and 12,Block 19,in the City of Fort Collins,according to the recorded Plats thereof being described as follows: BEGINNING at the southwest corner of block 18 in the City of Fort Collins; thence North 89 degrees 57 minutes 40 seconds East 375.13 feet to the TRUE POINT OF BEGINNING; thence North 0 degrees 8 minutes 47 seconds East 14.00 feet; thence South 89 degrees 57 minutes 40 seconds West 4.00 feet; thence North 45 degrees 2 minutes 20 seconds West 14.15 feet; thence North 0 degrees 2 minutes 20 seconds West 75.28 feet; thence North 44 degrees 57 minutes 40 seconds East 14.15 feet, thence North 89 degrees 57 minutes 40 seconds East 41.16 feet; thence South 45 degrees 2 minutes 20 seconds East 18.08 feet; thence South 0 degrees 2 minutes 20 seconds East 96.51 feet; thence South 89 degrees 57 minutes 40 seconds West 50.00 feet to the TRUE POINT OF BEGINNING. County.of Larimer,State of Colorado. PARCEL IV: A portion of the abandoned Linden Street at Block 18,19,in the City of Fort Collins,according to the recorded Plats thereof,being described as follows: BEGINNING at the Northeast corner of said Block 18; thence South 48 degrees 43 minutes 30 seconds East 50.00 feet to the thence South 41 degrees 16 minutes 20 seconds West 34.35 feet; thence North 48 degrees 43 minutes 40 seconds West 3.38 feet; TRUE POINT OF BEGINNING; thence North 48 degrees 43 minutes 40 seconds West 11.14 feet; thence South 86 degrees 16 minutes 30 seconds West 9.24 feet; thence South 41 degrees 16 minutes 20 seconds West 11.14 feet; thence South 3 degrees 43 minutes 40 seconds East 19.24 feet; thence South 48 degrees 43 minutes 40 seconds East 11.14 feet; thence North 86 degrees 16 minutes 20 seconds East 9.24 feet; thence North 41 degrees 16 minutes 20 seconds East 11.14 feet; thence North 3 degrees 43 minutes 40 seconds West 19.24 feet to the TRUE POINT OF BEGINNING. County of Larimer,State of Colorado. PARCEL V: Lots 23,24,25,26,27,28 and 29,Block 18,in the City of Fort Collins and a portion of the abandoned Linden Street,City of Fort Collins,according to the recorded Plats thereof,being described as follows: BEGINNING at the Southwest comer of said Block 18; thence North 89 degrees 57 minutes 40 seconds East 59.79 feet; thence North 41 degrees 16 minutes 20 seconds East 211.31 feet to the TRUE POINT OF BEGINNING; thence North 48 degrees 43 minutes 40 seconds West 18.02 feet; thence North 3 degrees 43 minutes 40 seconds West 7.07 feet; thence North 48 degrees 43 minutes 40 seconds West 18.65 feet; thence North 0 degrees 00 minutes 00 seconds East 232.86 feet; thence South 48 degrees 43 minutes 30 seconds East 196.60 feet, thence South 41 degrees 16 minutes 20 seconds West 150.00 feet; thence South 48 degrees 43 minutes 40 seconds East 6.50 feet; thence South 3 degrees 43 minutes 40 seconds East 11.55 feet; thence South 41 degrees 16 minutes 20 seconds West 5.83 feet; thence South 86 degrees 16 minutes 20 seconds West 22.63 feet to the TRUE POINT OF BEGINNING. County of Ladmer,State of Colorado. PARCEL VI: Lots 7 and 8,and portions of Lots 6 and 30,Block 18,in the City of Fort Collins and a portion of the abandoned Linden Street in the City of Fort Collins, according to the recorded Plats thereof being described as follows: BEGINNING at the Southwest corner of said Block 18; thence North 89 degrees 57 minutes 40 seconds East 59.79 feet; thence North 41 degrees 16 minutes 20 seconds East 91.31 feet; TRUE POINT OF BEGINNING; thence South 46 degrees 46 minutes 0 seconds East 5.81 feet; thence North 86 degrees 16 minutes 20 seconds East 8.29 feet; thence North 41 degrees 16 minutes 20 seconds East 14.15 feet; thence North 3 degrees 43 minutes 40 seconds West 2.83 feet; thence North 48 degrees 43 minutes 40 seconds West 9.67 feel, thence North 41 degrees 12 minutes 20 seconds East 3.51 feet; thence North 86 degrees 16 minutes 20 seconds East 8.48 feet; - thence North 41 degrees 16 minutes 20 seconds East 56.16 feet; thence North 3 degrees 43 minutes 40 seconds West 25.97 feet; thence North 48 degrees 43 minutes 40 seconds West 12.98 feet; thence South 41 degrees 16 minutes 20 seconds West 6.00 feet; thence North 48 degrees 43 minutes 40 seconds West 18.85 feet; thence North 90 degrees 00 minutes 00 seconds West 121.70 feet; thence South 0 degrees 00 minutes 00 seconds West 26.24 feet; thence South 48 degrees 43 minutes 40 seconds East 118.35 feet to the TRUE POINT OF BEGINNING. Property Owned by 238 EAST MOUNTAIN, LLC Commencing at the Southwest comer of lot 9,in Block 19,in the City of Fort Collins,Colorado,thence North 78.4 feet;thence East 22 feet,thence South 7 feet,thence East 3 feet to lot line,thence South 71.4 feet to South line of said Block,thence West 25 feet to place of beginning;together with a right of way for ingress and egress across the North portion of said Lot 9 in common with the owner thereof,the said right of ways to be eight(8) feet in width along the West line of said lot 9 and extending from the North line of the above described property to the South line of the alley. County of Larimer,State of Colorado.also known by street and number as 238 EAST MOUNTAIN,FORT COLLINS,COLORADO 80524.