HomeMy WebLinkAbout019 - 03/01/1994 - VACATING A PORTION OF STREET RIGHT-OF-WAY FOR UNDERHILL DRIVE AND RETAINING AN EASEMENT INTEREST FOR ORDINANCE NO. 19, 1994
Or THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A PORTION OF STREET RIGHT-OF-WAY FOR
UNDERHILL DRIVE AND RETAINING AN EASEMENT INTEREST THEREIN
FOR PUBLIC ACCESS, UTILITY, AND DRAINAGE PURPOSES
WHEREAS, the Council of the City of Fort Collins has received a request
from the Developer of the Summerhill P.U.D. to vacate a portion of excess street
right-of-way for Underhill Drive within said P.U.D. , more particularly described
on Exhibit "A", attached hereto and incorporated herein by this reference; and
WHEREAS, on November 15, 1993 the Planning and Zoning Board granted final
approval to the- Summerhill- P.U.D, which- repl-ats- a- port—ion- of Underhill P.U.D.
including said portion of the street right-of-way for Underhill Drive; and
WHEREAS, Underhill Drive is no longer planned to extend as a public street
beyond the New Mercer Canal and therefore the portion of said street right-of-way
adjacent to the New Mercer Canal , as described on Exhibit "A," is no longer
necessary or desirable to retain for public street purposes; 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 an easement for public access, utility and
drainage 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 right-of-way, so long as an
easement is retained for public access, utility and drainage easement purposes.
NOW; THEREFORE-, BF IT ORDAINED BY THE COUNCIL OF THE CiTf OF FORT- COLLiils
that the portion of the street right-of-way for Underhill Drive which is
described on Exhibit "A," attached hereto and incorporated herein by this
reference, is hereby vacated, abated, and abolished; RESERVING, HOWEVER, unto the
City an easement upon, across, over and under the said area for public access,
utility and drainage purposes.
Introduced, considered favorably on first reading, and ordered published
this 15th day of February, A.D. 1994, and to be presented for final passage on
the 1st day- of March,- A.D, l- 4=-
ayor
ATTEST:
City Clerk
Passed and adopted on final reading this t d of Marc D. 994.
r
ATTEST:
Lity ClerkV
EXHIBIT "A"
DESCRIPTION FOR UNDERHILL ROW VACATION
A portion of land being in the Underhill at Fort Collins, Phase One, P.U.D.
located in the Northwest Quarter of Section 22, Township 7 North, Range 69 West
of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado,
being more particularly described as follows:
Considering the North line of the Northwest Quarter of said Section 22 as bearing
South 89028'00" East and with all bearings contained herein relative thereto:
Commencing at the Northwest corner of said Section 22, thence along said North
line of the Northwest Quarter, South 89°28'00" East, 1521.66 feet; thence along
the extension of and the East line of Underhill Drive, South 00°03'30" West,
197.42 feet; thence South 00°22'28" East, 193.43 feet to a point on a curve
concave to the East having a central angle of 21°06'15", a radius of 145.00 feet
and the chord of which bears South 10°55'36" East, 53.11 feet; thence along the
arc of said curve and the East line of Underhill Drive 53.41 feet; thence, South
21°28'43" East, 30.13 feet to the POINT OF BEGINNING; thence continuing along
said East line South 21°28'43" East, 19.87 feet to a point on a curve concave to
the West having a central angle of 21*06' 15", a radius of 185.00 feet and the
chord of which bears South 10°55'36" East, 67.76 feet; thence along the arc of
said curve 68.14 feet; thence, South 00°22'28" East, 49.99 feet to a point on a
curve concave to the West having a central angle of 14°27'36", a radius of 185.00
feet and the chord of which bears South 06°51'20" West, 46.56 feet; thence along
the arc of said curve 46.69 feet; thence, South 80°39'52" West, 44.79 feet to a
point on a curve concave to the West having a central angle of 21°30'44", a
radius of 145.00 feet and the chord of which bears North 10°22'54" East, 54.12
feet; thence along the arc of said curve and the West line of Underhill Drive
54.44 feet; thence North 00°22'28" West, 49.99 feet to a point on a curve concave
to the West having a central angle of 12°43'41", a radius of 145.00 feet and the
chord of which bears North 06°44'19" West, 32.14 feet; thence along the arc of
said curve 32.21 feet to a point on a curve concave to the Northwest having a
central angle of 90045'51", a radius of 41.00 feet and the chord of which bears
North 23°54'12" East, 58.37 feet; thence departing said West line of Underhill
Drive and along the arc of said curve 64.95 feet to the Point of Beginning.
The above described land contains 0.137 acres and is subject to all easements and
rights-of-way now on record or existing.