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HomeMy WebLinkAbout071 - 06/15/2010 - VACATING A PORTION OF RIGHT-OF-WAY AS DEDICATED ON THE PLAT OF HEARTHFIRE P.U.D., FIRST FILING ORDINANCE NO. 071, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF RIGHT-OF-WAY AS DEDICATED ON THE PLAT OF HEARTHFIRE P.U.D., FIRST FILING WHEREAS, the plat of Heahfire P.U.D., First Filing included dedication to the public of right-of-way for Waxwing Lane; and WHEREAS, the Planning and Zoning Board has considered an application for approval of a project development plan (PDP) for a project entitled "Waters Edge", which PDP plan does not extend Waxwing Lane past Barn Swallow Circle; and WHEREAS, the approval of Waters Edge necessitates the vacation of certain portions of Waxwing Lane that were dedicated on the plat of Hearthfire P.U.D., First Filing which portions are more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the replatting of the land for the Water's Edge PDP cannot proceed until the existing rights-of-way have been vacated by the City Council; and WHEREAS, upon approval of the replat, the approving authority under the Land Use Code will vacate all easements not needed for the future development of Water's Edge; and WHEREAS, the portions of the rights-of-way to be vacated are no longer necessary or desirable to retain for street purposes due to the approval of Water's Edge which does not use said street layout; and WHEREAS, pertinent City agencies and private utility companies have been contacted and have reported no objection to the proposed vacation, as long as easements for drainage, utility, and access purposes, including emergency access, are reserved to 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 portions of street right-of-way more particularly described on Exhibit "A" are hereby vacated, abated and abolished, reserving the same unto the City as easements for drainage, utilities and access purposes, including, without limitation, emergency access: Introduced, considered favorably on first reading, and ordered published this 1 st day of June, A.D. 2010, and to be presented for final passage on the y of June, A.D. 2010. May • ATTEST: City Clerk Passed and adopted on final reading on the 15jdayof ne A.D. 2010. Mayo ATTEST: City Clerk EXHIBIT A Description of Parcel A portion of Waxwing Lame dedicated by Hearthfire P.I.D., First Filing is described under reception.number 97085048 of the:Larimer County records and lying in the Southwest Quarter of Section 30 Township 8 North, Range 68 West, of the Sixth :Principal Meridian, City of .Fort Collins,County of Larimer, State of Colorado,being more particularly described as follows: Considering the West bne of Lot 65 of said Hearth6re P.U.D., First Filing, as bearing South 00°00'00" East with all bearings contained herein relative thereto. COMMENCING at the Northwest corner of said Lot 65; Thence South 00'00'00" East, along said West line of Lot 65, a distance of 47.95 feet to the Northerly right-of-way of said Waxwing Lane and the POINT OF:BEGINNING; Thence along said Northerly right-of-way of Waxwing Lane the following two(2) courses: 1. Along the arc of a curve to the left having a central angle of 88°57'l6", a radius of 9.50 feet, and an arc length of .14.75 feet, the chord of which bears South 44028'38" East, a distance of.13.31 feet; 2. Along the arc of a reverse curve to the right hating a central angle of21033'24", a radius of 268.50.feet, and an arc length of 101.02 feet,the chord of which bears South 78°10'35" East, a distance of 100.42 feet to the Southerlyright-of-way of said Waxwing Lane; Thence along said Southerly right-of-way of Waxwing Lane the following two(2)courses: L Along the arc of a non-tangent curve to the right having a central angle of 05'10",1", a radius of 480.00 feet, and'an arc length of 43.33 feet, the chord of which bears South 67°52'43" West, a distance of 43.32 feet: 2. Continuing along the arc of a curve to the right having a central angle of 08"1'43", a radius of 480.00 feet, and an arc length of 70.05 feet, the chord of which bears South 74*38'45" West, a distance of 69.99.feet; Thence North 00'00'00" West,a distance of 64.92 feet to the POINT OF REGINNING; The above described parcel contains a calculated area of.3,668 square feet or 0.084 acres, more or less and is subject to all easements and rights of way on record or existing. Representation attached hereto and incorporated herein by reference. At� Alan Winner Colorado Professional Land Surveyor Registration Nruvber 28668 "2a a '11'ucncc`,I S70I019U`aurvcyllegnlSi1019Uv-�n��-eaca-Ol awsr .due April 13,2010 .� �t 1�• aw141- 1 'CAI,IAPtD�' Sheet 1 of 2 EXHIBIT A PROPERTY DESCRIPTION LOCATED IN THE SW 1/4, SEC. 30, T. 8 N., R. 68 W., 6TH PM CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO 75 67 O 66 .j w HEARTHFIRE PUD 9 J u FIRST FILING to cd -POINT OF REC. NO. 97085048 z G / COMMENCEMENT 68 0: NW CDR LOT 65 ---BASIS OF BEARINGS _W LINE LOT 65 Z TRACT j 47 /-POINT OF BEGINNING 65 R=9.50 A- 1'33'24" R=;�2�S.5 0' L=14.75' CH5=544*28'38"E WAXWING LANE CH=13.31' N00*00'00'W_ h7-570'21" 64.92 TRACT F R�480.00' L�43.33' T.-q A C T cT CHB=S6-"52'4.3'W CH=43.32' R=480.00' L-70.05' CHB=S74'38'45"W TRACT G CH-69.99' WATERS EDGE 0 aim 332 Z 33.3 I \ I 33A \ �/' i� a 0 50' 75' loo' .2) THIS REPRESENTArION DOES NOT I REPRESENT A MONLIVIENTED LAND SURVEY. I IT 15 INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. FAREPRES N ATIONQFE_XI­1I8'TA 'A *''1�8355] I REPRESENTATION OF EXHIBIT A 787 W r H." T_4�EDGE fr FORT DO I S WATERS EDGE RT COLLINS CO o St2ntec A REPRESENTATION OF EXHIBIT A I0190V-EX-RQV0JACA-01A"v 1.P.