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HomeMy WebLinkAbout055 - 05/19/2015 - VACATING RIGHT-OF-WAY AS DEDICATED ON A PLAT OF REGISTRY RIDGE FOURTH FILING ORDINANCE NO. 055, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING RIGHT-OF-WAY AS DEDICATED ON A PLAT OF REGISTRY RIDGE FOURTH FILING WHEREAS, the plat of Registry Ridge Fourth Filing included dedication to the public of right-of-way for Cabot Court, Nimitz Drive, Hornet Drive, Kitty Hawk Court and Enterprise Drive; and WHEREAS, the public infrastructure improvements for Registry Ridge Fourth Filing were not timely completed and the Fourth Filing has now expired; and WHEREAS, BQ LLC, the developer of the approved Registry Ridge Seventh Filing, which is a replat of portions of the Registry Ridge Fourth Filing, has requested this vacation because the Registry Ridge Seventh Filing road alignment is different than what was included in the Registry Ridge Fourth Filing; and WHEREAS, said portion of right-of-way is 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; 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 right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the street rights-of-way for Cabot Court, Nimitz Drive, Hornet Drive, Kitty Hawk Court and Enterprise Drive, more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference, are hereby vacated, abated and abolished, provided however, that: 1) this vacation shall not take effect until this Ordinance is recorded with the Latimer County Clerk and Recorder; and 2) this Ordinance shall be recorded concurrently with the subdivision plat for the development known as "Registry Ridge Filing Seventh Filing"; and 3) if this Ordinance is not recorded by May 19, 2018, then this Ordinance shall become null and void and of no force and effect. - 1 - I Introduced; considered favorably on first reading, and ordered published this 5th day of May, A.D. 2015, and to be presented for final passage on the 19th day of May, A.D. 2015. T by Of Pogr `io ayor ATTEST: o`: .41. SE : 0�0RADO: City Clerk Passed and adopted on final reading on the 19th day of May, A.D. 2015. Mayor ATTEST: OF Pp9r City Clerk 9l y o • .........�1A' DO '. 2 EXHIBIT A PROPERTY DESCRIPTION R.O.W. VACATION A tract of land, previously dedicated as Right of Way, being a part of Registry Ridge Fourth Filing recorded April 23, 2002 as Reception No. 2002044752 of the Records of Larimer County, located in the Northeast Quarter(NE1/4) of Section Fifteen(15), Township Six North (T.6N.), Range Sixty-nine West(R.69W.) of the Sixth Principal Meridian (6th P.M.), City of Fort Collins, County of Larimer, State of Colorado and being more particularly described as follows: COMMENCING at the Northeast corner of said Section 15 and assuming the East line of the Northeast Quarter of said Section 15 as bearing South 00°04'32 West being a Grid Bearing of the Colorado State Plane Coordinate System, North Zone,North American Datum 1983/2007, a distance of 2640.82 feet with all other bearings contained herein relative thereto; THENCE South 00°04'32" West along the East line of the Northeast Quarter of said Section 15 a distance of 1815.85 feet to the centerline of Bon Homme Richard Drive as was dedicated per the Corrected Plat of the Final Plat of Registry Ridge P.U.D., First Filing recorded June 8, 2000 as Reception No. 2000038232 of the Records of Larimer County; THENCE North 89047'46" West along said centerline a distance of 261.91 feet; THENCE South 00012'14" West along a line perpendicular to the aforesaid line a distance of 34.00 feet to the beginning point of a curve, non-tangent to this course on the North line of said Registry Ridge Fourth Filing, and to the POINT OF BEGINNING; THENCE along the arc of a curve concave to the Southeast a distance of 7.87 feet, said curve has a Radius of 5.00 feet, a Delta of 90°12'14"and is subtended by a chord that bears South 45°06'07"West a distance of 7.08 feet to a Point of Tangency; THENCE South 00°00'00" East a distance of 179.08 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Northeast a distance of 4.35 feet, said curve has a Radius of 19.50 feet, a Delta of 12°46'48" and is subtended by a chord that bears South 06°23'24" East a distance of 4.34 feet to a Point of Tangency.- THENCE South 12°46'48" East a distance of 6.52 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Northwest a distance of 35.48 feet, said curve has a Radius of 45.50 feet, a Delta of 44°41'01"and is subtended by a chord that bears South 09°33'43" West a distance of 34.59 feet to a Point of Compound Curvature; THENCE along the arc of a curve concave to the Northwest a distance of 35.33 feet, said curve has a Radius of 78.82 feet, a Delta of 25°40'57" and is subtended by a chord that bears South 44°44'41" West a distance of 35.03 feet to a Point of Compound Curvature; THENCE along the arc of a curve concave to the Northwest a distance of 34.99 feet, said curve has a Radius of 45.50 feet, a Delta of 44°03'25" and is subtended by a chord that bears South 79°36'52"West a distance of 34.13 feet to a Point of Tangency; THENCE North 78021'26"West a distance of 7.73 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Southwest a distance of 3.96 feet, said curve has a Radius of 19.50 feet, a Delta of 1 1'38'34" and is subtended by a chord that bears North 84'10'43"West a distance of 3.96 feet to a Point of Tangency; THENCE North 90000'00" West a distance of 132.19 feet to a Point of Curvature; R:\2014615\ROW VACATION P.D\2014615_ROW_VACATION.doc Page I of 3 THENCE along the arc of a curve concave to the Southeast a distance of 23.56 feet, said curve has a Radius of 15.00 feet, a Delta of 90°00'00" and is subtended by a chord that bears South 45°00'00" West a distance of 21.21 feet to a Point of Tangency; THENCE South 00°00'00" East a distance of 139.71 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Northeast a distance of 240.60 feet, said curve has a Radius of 55.50 feet,a Delta of 248°22'54"and is subtended by a chord that bears North 55°48'33" West a distance of 91.82 feet to a Point of Reverse Curvature; THENCE along the arc of a curve concave to the Northwest a distance of 47.14 feet, said curve has a Radius of 39.50 feet, a Delta of 68°22'54" and is subtended by a chord that bears North 34'11'27" East a distance of 44.39 feet to a Point of Tangency; THENCE North 00000'00" East a distance of 51.39 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Southwest a distance of 23.56 feet, said curve has a Radius of 15.00 feet, a Delta of 90°00'00"and is subtended by a chord that bears North 45°00'00" West a distance of 21.21 feet to a Point of Tangency; THENCE North 90000'00" West a distance of 131.77 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Southeast a distance of 3.96 feet, said curve has a Radius of 19.50 feet,a Delta of 11'38'34" and is subtended by a chord that bears South 84°10'43" West a distance of 3.96 feet to a Point of Tangency; THENCE South 78°2 P26" West a distance of 7.73 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Northeast a distance of 34.99 feet, said curve has a Radius of 45.50 feet, a Delta of 44°03'23" and is subtended by a chord that bears North 79°36'52"West a distance of 34.13 feet to a Point of Compound Curvature; THENCE along the arc of a curve concave to the Northeast a distance of 35.33 feet, said curve has a Radius of 78.82 feet, a Delta of 25°40'57" and is subtended by a chord that bears North 44°44'42" West a distance of 35.03 feet to a Point of Compound Curvature; THENCE along the arc of a curve concave to the Northeast a distance of 35.48 feet, said curve has a Radius of 45.50 feet, a Delta of 44°4l'O1" and is subtended by a chord that bears North 09033'43" West a distance of 34.59 feet to a Point of Tangency; THENCE North 12046'48" East a distance of 6.52 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Northwest a distance of 4.35 feet, said curve has a Radius of 19.50 feet, a Delta of 12°46'48"and is subtended by a chord that bears North 06023124"East a distance of 4.34 feet to a Point of Tangency; THENCE North 00°00'00" West a distance of 9.22 feet to a Point of Curvature; THENCE along the are of a curve concave to the Southwest a distance of 14.92 feet, said curve has a Radius of 9.50 feet, a Delta of 89°59'42" and is subtended by a chord that bears North 44°59'51" West a distance of 13.43 feet to a Point of Tangency; THENCE North 89°59'42" West a distance of 101.87 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Southeast a distance of 47.14 feet, said curve has a Radius of 39.50 feet, a Delta of 68°22'54" and is subtended by a chord that bears South 55°48'51" West a distance of 44.39 feet to a Point of Reverse Curvature; THENCE along the arc of a curve concave to the Northeast a distance of 240.60 feet, said curve has a Radius of 55.50 feet, a Delta of 248°22'54"and is subtended by a chord that bears North 34'11'09"West a distance of 91.82 feet to a Point of Tangency; THENCE South 89°59'42" East a distance of 190.18 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Northwest a distance of 14.92 feet, said curve has a Radius of 9.50 feet, a Delta of 90'00'18"and is subtended by a chord that bears North 45°00'09" East a distance of 13.44 feet to a Point of Tangency; THENCE North 00000'00"East a distance of 87.33 feet to the North line of said Registry Ridge Fourth Filing and to the beginning point of a curve, non-tangent to this course; R:\2014615\ROW VACATION P.D\2014615_ROW_VACATION.doe Page 2 of 3 S�. l--1 -'Zo\S THENCE along said North line and along the arc of a curve concave to the North a distance of 52.74 feet, said curve has a Radius of 59.00 feet, a Delta of 51°12'54" and is subtended by a chord that bears North 90°00'00" East a distance of 51.00 feet; THENCE South 00°00'00"East along a line non-tangent to the aforesaid curve a distance of 169.92 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Northeast a distance of 30.63 feet, said curve has a Radius of 19.50 feet, a Delta of 90°00'00"and is subtended by a chord that bears South 45°00'00"East a distance of 27.58 feet to a Point of Tangency; THENCE North 90000'00"East a distance of 351.07 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Northwest a distance of 30.63 feet, said curve has a Radius of 19.50 feet, a Delta of 90°00'00"and is subtended by a chord that bears North 45°00'00"East a distance of 27.58 feet to a Point of Tangency; THENCE North 00000'00"East a distance of 182.66 feet to a Point of Curvature; THENCE along the arc of a curve concave to the Southwest a distance of 7.84 feet, said curve has a Radius of 5.00 feet, a Delta of 89047'46"and is subtended by a chord that bears North 44053'53" West a distance of 7.06 feet to the North line of said Registry Ridge Fourth Filing; THENCE South 89°47'46"East along said North line and along a line non-tangent to the aforesaid curve a distance of 61.00 feet to the POINT OF BEGINNING. Said described parcel of land contains 78,133 Square Feet or 1.794 Acres, more or less (f). SURVEYOR'S STATEMENT (,,Steven A. Lund, a Colorado Registered Professional Land Surveyor do hereby state that this Property Description was prepared under my personal supervision and checking, and that it is true and correct to the best of my knowledge and belief. O\O.J�N A. �U SFO s4g9s :o C <- SX�NA Steven A. Lund - on behalf of King Surveyors Colorado Registered Professional Land Surveyor#34995 KING SURVEYORS,INC. 650 Garden Drive Windsor, Colorado 80550 (970)686-5011 R:\2014615U20W VACATION P.D\2014615—ROW—VACATION.doe Page 3 of 3 RIGHT—OF—WAY EXHIBIT B REGISTRY RIDGE FOURTH FILING VACATION SECTION 15, T.6N., R.69W. �'8 I Sht. 1 of 2 _ J O I o a O aim n y 13 man I ' f O D O m r I�'YidC� I� Na O . F • 9 O C16CD CD �; � Wln G6`••p M � C15 � J L11 I I C19 — _ C14 ` L15 0 Li O 0 O� O C' _ o r N NZ1W-, 7L DRI[�6 U I � U — _ L16 / c c1i I C21 ^I cl_Cto I I I I I I o i 9 LS I K HA WX COURT Accc rd ng to Colorado law you b ILill Ip m— must commence any legal action based upon any defect in this L7 I n I I survey within three years after \ \ C7 I you first discover such defect. In \ no event may any action based \ \ I I I I I b upon any defect in this survey be commenced more than ten years from lion the date of hereon. (13-80-105 C.R.S. 2012) \ C I I NOTE: This exhibit drawing is not \ \ \ r 1 I I I intended to be a monumented \ C22 land survey. It's sole purpose is \ \ \ L C23 — POINT OF as a graphic representation to \ \ I C6 L18 aid L5 in the visualization of theritte \ \ — BEGINNING— written property description which \ \\ lSE DRlf�6 it accompanies. The written F.NT6RPR rn\ \ CS the exhibit supersedes he exhibit LL4- C2 i L3 C1' L2 NORTHEAST SECTION CORNER SEC. 15, T.6N., R.69W. POINT OF COMMENCEMENT 824.97' _ 1815.85' EAST QUARTER CORNER SOO'04'32"W 2640.82' SEC. 15, T.6N., R.69W. (BASIS OF BEARINGS) KING SURVEYORS PROJECT NO: 2014615 650 E. Garden Drive I Windsor, Colorado 80550 DATE: 12/29/2014 phone: (970) 686-5011 1 fax: (970) 686-5821 CLIENT: RC VENTURES www.kingsurveyors.com DWG: 2014615ROW_VACA RIGHT-OF-WAY IBI� B REGISTRY RIDGE FOURTH FILING EX VACATION -H SECTION 15, T.6N., R.69W. Sht. 2 of 2 CURVE TABLE LINE TABLE CURVE LENGTH RADIUS DELTA CHORD CH BEARING LINE BEARING LENGTH C1 7.87' 5.00' 90*12*14" 7.08' S45'06'07"W L1 N89'47'46"W 261.91' C2 4.35' 19.50' 12'46'48" 4.34' S06'23'24"E 12 S00'12'14"W 34.00' C3 35.48' 45.50' 44'41'01" 34.59' S09'33'43"W L3 SOO'00'00"E 179.08' C4 35.33' 78.82' 25'40'57" 35.03' S44'44'41"W L4 S12'46'48"E 6.52' C5 34.99' 45.50' 44'03'25" 34.13' S79'36"52"W L5 N78'21'26"W 7.73' C6 3.96' 19.50' 11'38'34" 3.96' N84'10'43"W L6 N90'00'00"W 132.19' C7 23.56' 15.00' 90'00'00" 21.21' S45'00'00"W L7 S00'00'00"E 139.71' C8 240.60' 55.50' 248'22'54" 91.82' N55'48'33"W L8 NOO'00'00"E 51.39' C9 47.14' 39.50' 68'22'54" 44.39' N34'11'27"E L9 N90'00'00"W 131.77' C10 23.56' 15.00' 90,00,00" 21.21' N45'00'00"W L70 S78'21'26"W 7.73' C11 3.96' 19.50' 11'38'34" 3.96' S84'10'43"W 111 N12'46'48"E 6.52' C12 34.99' 45.50' 44'03'23" 34.13' N79'36'52"W L12 N00'00'00"W 9.22' C13 35.33' 78.82' 25'40'57" 35.03' N44'44'42"W L13 N89'59'42"W 101.87' C14 35.48' 45.50' 44'41'01" 34.59' N09'33'43"W L14 S89'59'42"E 190.18' C15 4.35' 19.50' 12'46'48" 4.34' N06'23'24"E L15 N00'00'00"W 87.33' C16 14.92' 9.50' 89'59'42" 13.43' N44'59'51"W L16 S00'00'00"E 169.92' C17 47.14' 39.50' 68'22'54" 44.39' S55'48'51"W L17 N90'00'00"E 351.07' C18 240.60' 55.50' 248'22'54" 91.82' N34'11'09"W L18 N00'00'00"E 182.66' C19 14.92' 9.50' 90'00'18" 13.44' N45'00'09"E L19 S89'47'46"E 61.00' C20 52.74' 59.00' 51'12'54" 51.00' N90'00'00"E NOTICE C21 30.63' 19.50' 90'00'00" 27.58' S45'00'00"E According to Colorado law you must C22 30.63' 19.50' 90'00'00" 27.58' N45'00'00"E commence any legal action based upon any defect in this survey within three years C23 7.84' 5.00' 89'47'46" 7.06' N44'53'53"W after you first discover such defect. In no event may any action based upon any �pDO LIEF defect in this survey be commenced more p than ten years from the date of the 0�•���EN A. certification shown hereon. (13-80-105 C.R.S. 2012) S - �: 34995 NOTE: This exhibit drawing is not intended ` ?•j to be a monumented land survey. It's FOP'•. sole purpose is as a graphic representation s�NAL LAND�J to aid in the visualization of the written property description which it accompanies. Steven A. Lund - alf Of King Surveyors The written property description supersedes Colorado Registered Professional the exhibit drawing. Land Surveyor #34995 KING SURVEYORS PROJECT NO: 2014615 650 E. Garden Drive I Windsor,Colorado 80550 DATE: 12/29/2014 phone: (970) 686-5011 1 fax: (970) 686-5821 CLIENT: RC VENTURES v .kings=eyors.com DWG: 2014615ROW-VACA