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HomeMy WebLinkAbout106 - 10/16/2012 - VACATING THE CITYS INTEREST IN THE STREETS KNOWN AS DAISY STREET AND COLUMBINE STREET ORDINANCE NO. 106, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING THE CITY'S INTEREST IN THE STREETS KNOWN AS DAISY STREET AND COLUMBINE STREET WHEREAS, over the years, the City has recognized Daisy Street and Columbine Street as streets belonging to the City even though they have not actually been dedicated to the City as rights-of-way; and WHEREAS, because of the City's long recognition of Daisy Street and Columbine Street as streets belonging to the City, the City believes that a "common law dedication" of the rights- of-way for Daisy Street and Columbine Street has occurred and that the City has thereby acquired an ownership interest that can be the legitimate subject of a vacation ordinance; and WHEREAS, Fort Collins Student Housing, LLC has requested that the City vacate the rights-of-way for Daisy and Columbine Streets in connection with its application for approval of The District at Campus West PDP; and WHEREAS, said rights-of-way are no longer necessary or desirable to retain for street purposes; and WHEREAS, pertinent City agencies and private utility companies have been contacted and reported no objection to the proposed vacation, provided that an access, emergency access, drainage, and utility easement be reserved unto the City; and WHEREAS, the right of the residents of the City of Fort Collins will not be prejudiced or injured by the vacation of said street rights-of-way; and WHEREAS, the City shall have no duty to maintain the existing roadways after the Ordinance becomes effective; and WHEREAS, conditions should be included in this Ordinance in order to ensure that the vacation of the foregoing streets occurs only if The District at Campus West PDP is developed in a timely manner. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Daisy Street and Columbine Street rights-of-way, more particularly described on Exhibits "A" and "B" attached hereto and incorporated herein by this reference, are hereby vacated, abated and abolished, reserving the same unto the City as an access, emergency access, drainage, and utility easements; provided, however, that: (1) this vacation shall not take effect until this Ordinance is recorded with the Latimer County Clerk and Recorder; (2) this Ordinance shall be recorded concurrently with the subdivision plat for that development known as "The District at Campus West"; and (3) if this Ordinance is not so recorded by August 21, 2015, then this Ordinance shall become null and void and of no force and effect. Introduced, considered favorably on first reading, and ordered published this 2nd day of October, A.D. 2012, and to be presented for final passage on the 16th day of October, A.D. 2012. OF pORTCO� T c>: SLtN ayor L� ATTEST: p ^ COLOR City Clerk Passed and adopted on final reading on the 16th day of October, A.D. 2012. V OF pL[1.�ti (,lJ G��•• •.o�� M yor ATTEST: :o ��� n. •�) L' •.�/Fl City Clerk tF C , •...,,.,,: Fxwwr 'A " NO RTH r D ADDRESS: PHONE:970.221.4158 Il H G R 200 S.College Ave.Suite 10 I I WEBSITE: ENGINEERING Fort Collins,CO80524 FAX:970.221.4159 wmYnorthernengineering.com RIGHT-OF-WAY VACATION EXHIBIT (Daisy Street) A portion of right-of-way to be vacated located in the Northeast Quarter of Section 15, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 15 as bearing North 00°30'00" East and with all bearings contained herein relative thereto: Commencing at the East Quarter corner of said Section 15; thence North 00"30'00" East, 924.24 feet; thence North 89011'00" West, 1019,54 feet to a point on the East right-of-way line — of Daisy Street, said point being the POINT OF BEGINNING; thence along said East right-of-way line, South 00°55'55" West, 164.64 feet to a point on the North right-of-way line of West Plum Street; thence, North 89°04'06" West, 50.00 feet to a point on the West right-of-way line of Daisy Street; thence along said West right-of-way line, North 00°55'55" East, 164.54 feet to a point on the South line of Sunstone Condominiums; thence along said South line, South 89111'00 East, 50.00 feet to the Point of Beginning, containing 8,230 square feet or 0.189 acres more or less. The description and area are based upon an actual field survey and not upon previously recorded deeds. The intent of this description is to vacate all road right-of-way lying north of West Plum Street and south of Sunstone I Condominiums. February 27, 2012 LMS S:\Survey Jobs\670-001\Dwg\Exhibits\670-001 ROW Description Daisy St.doc - EXHIBIT�Al" FAPORTION OF RIGHT OF WAY TO BE VACATED LOCATED IN THE NORTHEAST SECTION 15, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 6th P.M., OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO SUNSTONE I CONDOMINIUMS S89011'00"E 50.00' Nes•r4roo w __� 9715104006 739 DAISY ST. POINT OF BEGINNING ROW TO BE VACATED v ' s ` 9715104007 8,230 sq.ft. LoI,,J n + i,.5 740 DAISY SI'. 0.189 acres (p I �` 7fAe 4 LLLJ Lo ED N J J{C y:L ' 0715104015 F- is, '!�;c! on 9715104016 1312 PLUM ST. p 744 DAISY ST. ¢ la`rtrr.la 1q� wa N89004'06"W 8Im Fo 50.00, 00 W. PLUM STREET I J 0 N W w� a EAST 1/4 CORNER SEC. 15-T7N-R69W FND.3"A.C.IN MONUMENTBOX SCALE NORTH NORTHERN ENGINEERING E►C Fl 18 17— NORTHERN AOORESS: PHONE:970.221.4158 wE851TE: 2or S.College Ave.Suite 10 ENGINEERING Fort mwr.northernenmeerin Collins,CO 60524 FAX:970.221.4159 g g'com RIGHT-OF-WAY VACATION EXHIBIT (Columbine Street) A portion of right-of-way to be vacated located in the Northeast Quarter of Section 15, Township 7 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado being more particularly described as follows: Considering the East line of the Northeast Quarter of said Section 15 as bearing North 00030,001, East and with all bearings contained herein relative thereto: Commencing at the East Quarter corner of said Section 15; thence North 00030'00" East, 924.24 feet; thence North 89'11'00" West, 769.63 feet to a point on the East right-of-way line of Columbine Street, said point being the POINT OF BEGINNING; thence along said East right-of- way line, South 0005126" West, 164.46 feet to a point on the North right-of-way line of West Plum Street; thence, North 89°04'12" West, 50.00 feet to a point on the West right-of-way line of Columbine Street; thence along said West right-of-way line, North OW5126" East, 164.36 feet to a point on the South line of Sunstone Condominiums; thence along said South line, South 89111'00 East, 50.00 feet to the Point of Beginning, containing 8,221 square feet or 0.189 acres more or less. The description and area are based upon an actual field survey and not upon previously recorded deeds. The intent of this description is to vacate all road right-of-way lying north of West Plum Street and south of Sunstone Condominiums. February 27, 2012 LMS S:\Survey lobs\670-001\Dwg\Exhibits\670-001 ROW Description Columbine St.doc EXHIBIT '15" FA PORTION OF RIGHT-OF-WAY TO BE VACATED LOCATED IN THE NORTHEAST RTER OF SECTION 15, TOWNSHIP 7 NORTH, RANGE 69 WEST OF THE 5th P.M., CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO SUNSTONE CONDOMINIUMS - - - - -- - - - - - - S89011'00"E L 50.00' — — — — N89111100"W . JI 9715104008 ,�{' ;f POINT OF 738 COLUMBINE ST. 4 xtiH BEGINNING i ROW TO BE F S, ; i Eo 9715104009 VACATED 736 COLUMBINE ST. 8,221 sq.n. co 0.189 sues a Z �cIs � EO 9715104017 � ,14o vnr t�nr. 9715104018 %37 COLUMBINE ST 3»°T O 735 COLUMBINE ST. o co tt .0 �e{h 7yA oW 2 � i o a 01- m v Z ui N89004'12"W 8Im F a 50.00' $ W. PLUM STREET zw J rw m � O EAST 114 CORNER SEC. 15-T7N-R69W FND.3"A.C.IN —MONUMENTBOX SCALE ® NORTH NORTHERN III _ 501 ENGI 1.NEERING