HomeMy WebLinkAbout146 - 10/15/2002 - VACATING A PORTION OF THE RIGHT-OF-WAY AND TEMPORARY TURNING AREA NORTH OF LAKE STREET AS DEDICATED ORDINANCE NO. 146, 2002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A PORTION OF THE RIGHT-OF-WAY
AND TEMPORARY TURNING AREA NORTH OF
LAKE STREET AS DEDICATED ON THE PLAT OF VON VIHL HEIGHTS
SECOND SUBDIVISION AND VACATING THAT PORTION OF
A RIGHT-OF-WAY EASEMENT FOR A PEDESTRIAN PATH
RECORDED IN BOOK 2148 , PAGES 196-197 IN THE RECORDS
OF THE COUNTY OF LARIMER, STATE OF COLORADO,
SUBJECT TO A RESERVED DRAINAGE AND UTILITY EASEMENT
WHEREAS,the City Council has received a request from the owner of certain real property
located at 3000 West Lake Street to vacate the following: a portion of LaReatta Court Right-of-Way
and Temporary Turning Area north of the northerly right of way line of West Lake Street as shown
on the plat of Von Vihl Heights Second Subdivision (the "Street and Temporary Turning Area
Vacation"); and, the Pedestrian Path portion of the Right-of-Way Easement for drainage and
pedestrian path recorded in Book 2148,pages 196-197 in the records of the County of Larimer,State
of Colorado (the "Easement Vacation"); and
WHEREAS, the portion of LaReatta Court and Temporary Turning Area proposed for
vacation have never been constructed and the right-of-way and temporary turning area are no longer
necessary to retain for future street construction; and
WHEREAS,the Pedestrian Path Easement proposed for access to Overland Park has never
been constructed due to the cost benefit ratio of constructing the pedestrian path; and
WHEREAS, pertinent City staff and non-City utilities have been contacted and report no
objection to the proposed vacations under the condition that a drainage and public utility easement
be reserved in the LaReatta Court Right-of-Way to be vacated (the "Reservation"); and
WHEREAS, there will be no cost to the City in making the proposed vacations and the
Reservation; and
WHEREAS, the rights of the residents of the City of Fort Collins will not be prejudiced or
injured by the vacation of the said street right-of-way, temporary turning area and pedestrian path
easement.
NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the portion of LaReatta Court and Temporary Turning Area that are
north of the northerly right of way line of West Lake Street as shown on the Plat of Von Vihl Heights
Second subdivision are hereby vacated, abated, and abolished;EXCEPTING AND RESERVING,
however, unto the City the said portion of LaReatta Court for drainage and public utility easement
purposes:
1
Section 2. That the Pedestrian Path portion of the Easement included in the Right of Way
Easement for drainage and pedestrian path as granted to the City of Fort Collins on November 20,
1981 and recorded in Book 2148, pages 196-197 in the Records of the County of Larimer, State of
Colorado is hereby vacated, abated, and abolished.
Introduced, considered favorably on First Reading, and ordered published this 1 st day of
October, A.D. 2002, and to be presented for final passage on the 15th day�o€October, A.D. 2002.
.601
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 15th day of October, A.D. 2002.
Mayor
ATTEST:
City Clerk