HomeMy WebLinkAbout134 - 09/19/2006 - VACATING A PORTION OF STREET RIGHT-OF-WAY ON OAK STREET LOCATED WEST OF COLLEGE AVENUE, ESTABLISHED ORDINANCE NO. 134, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A PORTION OF STREET RIGHT-OF-WAY ON OAK STREET
LOCATED WEST OF COLLEGE AVENUE, ESTABLISHED AS PART OF
THE 1873 MAP OF THE TOWN OF FORT COLLINS, FOR PURPOSES OF
CONSTRUCTING OAK STREET PLAZA PARK IMPROVEMENTS
WHEREAS, in 1873, by an order of the Board of County Commissioners of Larimer
County, the Town of Fort Collins was incorporated; and
WHEREAS, in its order the Board of County Commissioners also established the Town
Map, which included Oak Street right-of-way on Block 11 of the Town of Fort Collins; and
WHEREAS, a portion of Oak Street known as the "Oak Street Plaza"has been utilized in
a limited capacity for pedestrian purposes only for a number of years; and
WHEREAS, the Council desires to convert that portion of Oak Street into an urban park
and to vacate that portion of the Oak Street right-of-way known as Oak Street Plaza; and
WHEREAS, said portion of street right-of-way is no longer necessary or desirable to
retain for street purposes; and
WHEREAS, upon vacation, in accordance with Colorado law, the vacated property
would revert to fee ownership by the abutting properties; and
WHEREAS, the owners of the abutting properties have agreed to cooperate in a
coordinated conveyance of the vacated property in fee back to the City to be utilized for the Oak
Street Plaza Park improvements project; and
WHEREAS, in order to ensure the coordinated conveyance of the fee interest to the City
upon vacation, this ordinance has been prepared in such a manner as to not become effective
until the City Clerk has recorded the same with the Larimer County Clerk and Recorder; and
WHEREAS, pertinent City agencies and private utility companies have been contacted
and have reported no objection to the proposed vacation, provided that an access, drainage, and
utility easement be reserved unto the City; 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 more particularly described on Exhibit
"A", attached hereto and incorporated herein by this reference, is hereby vacated, abated and
abolished, reserving the same unto the City as an access, drainage and utility easement,
provided, however, that such vacation shall not become effective until this ordinance has been
recorded in the office of the Larimer County Clerk and Recorder by the City Clerk of the City of
Fort Collins or her designee, and that recording of this ordinance by any other person shall not
be sufficient to cause the vacation to become effective. Proof of City Clerk recordation shall be
accomplished by the City Clerk executing at the time of recordation the certification that is made
a part of this ordinance. If this ordinance has not been recorded by the City Clerk, and so
certified,by September 19, 2011, then this ordinance shall be of no further force and effect.
Introduced, considered favorably on first reading, and ordered published this 5th day of
September, A.D. 2006, and to be presented for final passage on the 19th day of September, A.D.
2006.
6�4 Ct�
Mayo
ATTEST:
City Clerk
Passed and adopted on final reading on the 19th day of mber, A.D. 2006.
Mayo
ATTEST:
a
City Clerk
I, , being the City Clerk of the City of Fort Collins, do hereby certify that I have
presented this ordinance to the Larimer County Clerk and Recorder for recordation on this day of
200 .
City Clerk
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
Subscribed and swom to before me this day of 200 by
Witness my hand and official seal.
Notary Public
My Commission Expires:
EXHIBIT "A"
LEGAL DESCRIPTION
DESCRIPTION OF A PORTION OF OAK STREET TO BE VACATED
That portion of Oak Street as shown on the Original Plat of the City of
Fort Collins, located in the Southeast quarter of Section 11, Township
7 North, Range 69 West of the Sixth Principal Meridian, City of Fort
Collins, Larimer County, Colorado to be vacated, is more particularly
described as follows;
The east 134. 00 feet of Oak Street, lying west of the West Right of way
Line of College Avenue.
I hereby state that the above description was prepared by me and is
true and correct to the beat of my professional knowledge, belief and
opinion. The description is based upon previously recorded plats and
deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L.S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522
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