HomeMy WebLinkAbout168 - 11/07/2006 - VACATING PORTIONS OF RIGHT-OF-WAY AS DEDICATED ON THE PLAT OF PROVINCETOWNE P.U.D., FILING NO. 2 ORDINANCE NO. 168, 2006
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING PORTIONS OF RIGHT-OF-WAY AS DEDICATED ON
THE PLAT OF PROVINCETOWNE P.U.D., FILING NO. 2
WHEREAS, the plat of Provincetowne, Filing Two, included a dedication to the public
of certain public rights-of-way; and
WHEREAS, the City has approved a project development plan for a project entitled
"Provincetowne, Filing Three" (the "PDP"), which PDP replats a portion of Provincetowne,
Filing Two and property abutting said rights-of-way; and
WHEREAS, the approval of the PDP necessitates the vacation of portions of the original
right-of-way for Bellewood Court and Eden Ridge Court as dedicated on the plat of
Provincetowne, Filing Two, which portions are more particularly described on Exhibits "A", and
"B", attached hereto and incorporated herein by this reference; and
WHEREAS, said portions of right-of-way are no longer necessary or desirable to retain
for street purposes due to the approval of the PDP, which extends said right-of-ways, thereby
eliminating the need for cul-de-sac bulbs; and
WHEREAS, pertinent City agencies and private utility companies have been contacted
and reported no objection to the proposed vacation, provided that temporary access, drainage and
public utility easements be reserved unto the City until such time that all public streets, public
infrastructure and utility relocations have been completed in accordance with the approved final
plans for the PDP and the City has accepted the streets for maintenance; 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 portions of street right-of-way, more particularly described on Exhibits
"A" and `B", are hereby vacated, abated and abolished, reserving the same unto the City as an
access, drainage and utility easement.
Introduced, considered favorably on first reading, and ordered published this 17th day of
October, A.D. 2006, and to be presented for final passage on the 7th day of November, A.D.
2006.
May
ATTEST:
City Clerk
Passed and adopted on final reading on the 7th day of mber, A.D. 2006.
Mayo
ATTEST:
%LL)�
City Clerk
EXHIBIT"A"
Page 1 of 3
LEGAL DESCRIPTION
EAST PORTION OF RIGHT-OF-WAY VACATION
A TRACT OF LAND LOCATED IN PROVINCETOWNE P.U.D.FILING NO.2,BEING
LOCATED IN A PORTION OF SECTION 13,TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE
6TH PM,COUNTY OF LARIMER,STATE OF COLORADO,MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BASIS OF BEARING:THE SOUTHEASTERLY LINE OF OUTLOT I OF SAID SUBDIVISION,
AS BEARING N4000T43"E.
COMMENCING AT THE SOUTHERLY CORNER OF SAID OUTLOT 1;
THENCE N40°07'43"E,ON SAID SOUTHEASTERLY LINE,A DISTANCE OF 344.95 FEET,TO
A POINT OF CURVATURE,SAID POINT BEING ON THE RIGHT-OF-WAY LINE OF EDEN
RIDGE COURT;
THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT,SAID CURVE
HAVING A DELTA OF 34056'42"AND A RADIUS OF 55.00 FEET,AN ARC LENGTH
OF 33.54 FEET,THE CHORD OF SAID CURVE BEARING S67°19'50"E,WITH A
DISTANCE OF 33.02 FEET,TO THE POINT OF BEGINNING;
THENCE N40-0743"E,A DISTANCE OF 111.28 FEET,TO A PONT OF CURVATURE,SAID
POINT BEING ON SAID RIGHT-OF-WAY;
THENCE ON SAID RIGHT-OF-WAY THE FOLLOWING TWO(2)COURSES;
i. THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT,SAID
CURVE HAVING A DELTA OF 39006'21"AND A RADIUS OF 50.00 FEET,AN ARC
LENGTH OF 34.11 FEET,THE CHORD OF SAID CURVE BEARING S20°35'06'"W,
WITH A DISTANCE OF 33.45 FEET,TO A POINT OF REVERSE CURVATURE;
2. THENCE ON THE ARC OF A REVERSE CURVE TO THE RIGHT,SAID CURVE
HAVING A DELTA OF 94009'54"AND A RADIUS OF 55.00 FEET,AN ARC
LENGTH OF 90.38 FEET,THE CHORD OF SAID CURVE BEARING S48-06'52"W,
WITH A DISTANCE OF 80.54 FEET,TO THE POINT OF BEGINNING;
CONTAINING A CALCULATED AREA OF 1,534 SQUARE FEET.
LEGAL DESCRIPTION
WEST PORTION OF RIGHT-OF-WAY VACATION
A TRACT OF LAND LOCATED IN PROVNCETOWNE P.U.D.FILING NO.2,BEING
LOCATED IN A PORTION OF SECTION 13,TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE
6TH PM,COUNTY OF LARIMER,STATE OF COLORADO,MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BASIS OF BEARING:THE SOUTHEASTERLY LINE OF OUTLOT I OF SAID SUBDIVISION,
AS BEARING N4000743"E.
COMMENCING AT THE SOUTHERLY CORNER OF SAID OUTLOT I;
THENCE N40007'43"E,ON SAID SOUTHEASTERLY LINE,A DISTANCE OF 344.95 FEET,TO
A POINT OF CURVATURE,SAID PONT BEING ON THE RIGHT-OF-WAY LINE OF EDEN
RIDGE COURT;
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PAGEIOF2
EXHIBIT"A"
Page 2 of 3
THENCE ON SAID RIGHT-OF-WAY THE FOLLOWING THREE(3)COURSES;
I. THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT,SAID
CURVE HAVING A DELTA OF 34056'55"AND A RADIUS OF 55.00 FEET,AN ARC
LENGTH OF 33.55 FEET,THE CHORD OF SAID CURVE BEARING N32022'47"W,
WITH A DISTANCE OF 33.03 FEET,TO THE POINT OF BEGINNING;
2. THENCE CONTINUING ON THE ABOVE DESCRIBED RADIUS,SAID CURVE
HAVING A DELTA OF 94006'11"AND A RADIUS OF 55.00 FEET,AN ARC
LENGTH OF 90.33 FEET,THE CHORD OF SAID CURVE BEARING N32008'47"E,
WITH A DISTANCE OF 80.51 FEET,TO A POINT OF REVERSE CURVATURE;
3. THENCE ON THE ARC OF A REVERSE CURVE TO THE LEFT,SAID CURVE
HAVING A DELTA OF 39004'09"AND A RADIUS OF 50.00 FEET,AN ARC
LENGTH OF 34.09 FEET,THE CHORD OF SAID CURVE BEARING N59°39'48"E,
WITH A DISTANCE OF 33.44 FEET,TO A POINT OF NON-TANGENCY;
THENCE S 40007'43"W,A DISTANCE OF 111.25 FEET,TO THE POINT OF BEGINNING;
CONTAINING A CALCULATED AREA OF 1,533 SQUARE FEET.
1,CHAD R.WASHBURN,A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE
OF COLORADO,DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE
BASIS OF MY KNOWLEDGE,INFORMATION,AND BELIEF,ARE CORRECT.
0
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CHAD R.WASHBURN,PLS -� 37963 z:
':
COLORADO PLS NO.37963 0+�, �'.;
FOR AND ON THE BEHALF OF JR ENGINEERING LLC. `J'
2620 EAST PROSPECT ROAD,SUITE 190 U�IVqI IpNO
FORT COLLINS,CO. 80525
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE A TITLE S£ARCII BY JR ENGINEERING TO DETERM/NE OWNERSHIP OF
THIS TRACT OR VERIFY EASEMENTS OF RECORD. ✓R ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPONSIBILITY FOR OWNERSHIP RIG7T7S OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN
ATTORNEY.
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PAGE 2 OF 2
EXHIBIT"A"
EXHIBIT A Page 3 of 3
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PROVINCETOWNE FILING THREE
qL Lmo JOB NO. 39459.00
SEPTEMBER 29, 2006
SHEET 1 OF 1
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EXHIBIT"B"
Page 1 of 3
LEGAL DESCRIPTION
WEST PORTION RIGHT-OF-WAY VACATION
A TRACT OF LAND LOCATED IN PROV INCETOWNE P.U.D.FILING NO.2,BEING
LOCATED 1N A PORTION OF SECTION 13,TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE
6TH PM,COUNTY OF LARIMER,STATE OF COLORADO,MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BASIS OF BEARING:THE NORTHWESTERLY LINE OF OUTLOT I OF SAID SUBDIVISION,
AS BEARING N 40007'43"E.
COMMENCING AT THE WESTERLY CORNER OF SAID OUTLOT 1;
THENCE N 40007'43"E,ON SAID NORTHWESTERLY LINE,A DISTANCE OF 333.48 FEET,
TO A POINT OF CURVATURE,SAID POINT BEING ON THE RIGHT-OF-WAY LINE OF
BELLEWOOD COURT;
THENCE ON SAID RIGHT-OF-WAY THE FOLLOWING THREE(3)COURSES;
1. THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE RIGHT,SAID
CURVE HAVING A DELTA OF 34°56'26"AND A RADIUS OF 55.00 FEET,AN ARC
LENGTH OF 33.54 FEET,THE CHORD OF SAID CURVE BEARING N 32024'04"W,
WITH A DISTANCE OF 33.02 FEET,TO A POINT OF NON-TANGENCY AND THE
POINT OF BEGINNING;
2. THENCE CONTINUING ON THE ABOVE DESCRIBED RADIUS,SAID CURVE
HAVING A DELTA OF 94008'47"AND A RADIUS OF 55.00 FEET,AN ARC
LENGTH OF 90.37 FEET,THE CHORD OF SAID CURVE BEARING N 32-08.33"E,
WITH A DISTANCE OF 80.54 FEET,TO A POINT OF REVERSE CURVATURE;
3. THENCE ON THE ARC OF A REVERSE CURVE TO THE LEFT,SAID CURVE
HAVING A DELTA OF 39-05'13"AND A RADIUS OF 50.00 FEET,AN ARC
LENGTH OF 34.11 FEET,THE CHORD OF SAID CURVE BEARING N 59040'19"E,
WITH A DISTANCE OF 33.45 FEET,TO A POINT OF NON-TANGENCY;
THENCE S 40007'43"W,A DISTANCE OF 111.29 FEET,TO THE POINT OF BEGINNING;
CONTAINING A CALCULATED AREA OF 1,535 SQUARE FEET.
LEGAL DESCRIPTION
EAST PORTION RIGHT-OF-WAY VACATION
A TRACT OF LAND LOCATED IN PROVINCETO WNE P.U.D.FILING NO.2,BEING
LOCATED IN A PORTION OF SECTION 13,TOWNSHIP 6 NORTH,RANGE 69 WEST OF THE
6TH PM,COUNTY OF LARIMER,STATE OF COLORADO,MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BASIS OF BEARING:THE NORTHWESTERLY LINE OF OUTLOT I OF SAID SUBDIVISION,
AS BEARING N 40oO7'43"E.
COMMENCING AT THE WESTERLY CORNER OF SAID OUTLOT 1;
THENCE N 40oO7'43"E,ON SAID NORTHWESTERLY LINE,A DISTANCE OF 333.48 FEET,
TO A POINT OF CURVATURE,SAID POINT BEING ON THE RIGHT-OF-WAY LINE OF
BELLEWOOD COURT;
THENCE ON SAID RIGHT-OF-WAY THE FOLLOWING THREE(3)COURSES;
X:V940000.aI1V945900\Wor galsu9 5900LX1 BELLEWOOD VACATIONd
PAGE I OF 2
EXHIBIT"B"
Page 2 of 3
I. THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT,SAID
CURVE HAVING A DELTA OF 34°5626"AND A RADIUS OF 55.00',A DISTANCE
OF 33.54 FEET,THE CHORD OF SAID CURVE BEARING S67°20'30"E,WITH A
DISTANCE OF 33.02 FEET,TO A POINT OF NON-TANGENCY,AND THE POINT
OF BEGINNING;
2. THENCE N40°07'43"E,A DISTANCE OF 111.29 FEET,TO A POINT OF
CURVATURE;
3. THENCE ON THE ARC OF A NON-TANGENT CURVE TO THE LEFT,SAID
CURVE HAVING A DELTA OF 39°05'13"AND A RADIUS OF 50.00 FEET,A
DISTANCE OF 34.11 FEET,THE CHORD OF SAID CURVE BEARING S20035'07"W,
WITH A LENGTH OF 33.45 FEET,TO A POINT OF REVERSE CURVATURE;
THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT,SAID CURVE HAVING A
DELTA OF 94008'47"AND A RADIUS OF 55.00 FEET,A DISTANCE OF 90.37 FEET,THE
CHORD OF SAID CURVE BEARING S48°0653"W,WITH A LENGTH OF 80.54 FEET,TO THE
POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 1,535 SQUARE FEET.
1,CHAD R.WASHBURN,A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE
OF COLORADO,DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE
BASIS OF MY KNOWLEDGE,INFORMATION,AND BELL ORRECT.
O�pDO CIO
CHAD R.WASHBURN,PLS
COLORADO PLS NO.37963 4�,°•,•� � •,a
FOR AND ON THE BEHALF OF JR ENGINEERING L ^avdS'
2620 EAST PROSPECT ROAD,SUITE 190 'AL LANO
FORT COLLINS,CO. 80525
THIS LEGAL DESCRIPTION DOES NOT CONSIT vTz A TTTLE SEARCII BY JR ENGINEERING TO DETERMINE OWNERSHIP OF
THIS TRACT OR VERIFY EASEMEN7S OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RESPO.VS181LITY FOR OWNERSHIP RIGHTS OR EXISTING EASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH AN
ATTORNEY
X:V9400M0 h39459001Wo %Legd5U945900LX1 BELLEWOODVACATION.doc
PAGE 2 OF 2
EXHIBIT"B"
EXHIBIT B Page 3of3/
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a PaNT of cowMENCEMENT
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...... BELLEWOOD R.O.W. VACATION
PROVINCETOWNE FILING THREE
g JOB NO. 39459.00
FEBRUARY 22. 2006
SHEET 1 OF 1
NOTE. J•R ENGINEERING
THIS DRAWING DOES NOT REPRESENT A
MONUMENTEO SURVEY AND IS ONLY •�C'
a INTENDED TO DEPICT THE ATTACHED 20 rAd RaW W S&M-Fut 0*a OD MIS
x LEGAL DESCRIPTION. Np.pHp®9. g,44gH@pp1.