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HomeMy WebLinkAbout008 - 01/21/2014 - VACATING FOOTHILLS PARKWAY RIGHT-OF-WAY BETWEEN COLLEGE AVENUE AND MATHEWS STREET, AND VACATING A PO ORDINANCE NO. 008, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING FOOTHILLS PARKWAY RIGHT-OF-WAY BETWEEN COLLEGE AVENUE AND MATHEWS STREET, AND VACATING A PORTION OF MATHEWS STREET WHEREAS, Walton Foothills Holdings VI LLC, has requested that the City vacate the right-of-way for the remaining public street portion of Foothills Parkway from College Avenue to Mathews Street, along with a portion of the west side of Mathews Street intersecting Foothills Parkway; 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 have reported no objection to the proposed vacation, provided that an access, emergency access, drainage, utility, and transit easement is reserved by the City; and WHEREAS, the rights of the residents of the City 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. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY Of- FORT COLLINS that Foothills Parkway and a portion of Mathews Street right-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 access, emergency access, drainage, utility, and transit 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 the development known as "Foothills Mall Redevelopment Subdivision'; and (3) if this Ordinance is not so recorded by February 1, 2017, then this Ordinance shall become null and void and of no force and effect. _ 1 _ Introduced, considered favorably on first reading, and ordered published this 14th day of January, A.D. 2014, and to be presented for final passage on the 21 st day of January, A.D. 2014. �F FORT CO ��;' ';may Mayor P Tem //ATTEST: v ���� N W� City Clerk •L0RP�O Passed and adopted on final reading on the 21 st day of January, A.D. 2014. Mayor ro Tern ATTEST: 0 . City Clerk C a - 2 - EXHIBIT "A" - Page 1 of 2 POOTHI:LLS PARKWAY RIGH'C-OP-'dAY AND A POR'I'IOF! OF 1•tiA'i'REF!i; .STREET RIGHT-OF-VIAY TO BE VACATED FOR THE FOOTHILLS MALL REDEVELOPMENT SUBDIVISION A TRACT OF LAND, BEING A PORTION OF FOOTHILLS PAB.i11i9AY AND A P0FTION OF M,ATHEWS STREET AS DEDICATED IN THE SOUTHMOOR VILLAGE FIFTH FILING AS RECORDED AT BOOK 1495, PAGE 172 IN THE LARIMER COUNTY CLERK AND RECORDER' S OFFICE AND P. PARCEL OF LAND CONVEYED TO THE CITY OF FORT C'OIJ,TMS IN THE DEED OF DEDICATION RFCORIIED AT RECEPTION NUMBER 89017208 IN SAID OFFICE, SITUATED I14 THE SOUTH-vlEST 1/4 OF SECTION 25, TOWNSHIP 7 HORTH., RANGE 69 NEST OP THE SIXTH PRINCIPAL MERIDIAN, CITY OF FORT COT.I:.:LHS, COUNTY Of' LARIMER, STATE OF COL0---ADO, BRING DESCRIBED AS FOLLOWS : C0MMENCING AT A POINT AT THE NORTHEAST CORNER OF' LOT I OF THE REPLAT Of TRACTS L, G, AIM J, AND VACATLD SERVICE ROAD, SOUTHDKiOR VILLAGE FIFTH FILING, AS RECORDED AT BOOK 1582, PAGE 416 IN THE LARIF66;P. COUNTY CLERK AND RECORDER' S OFFICE: THENCE' ALONG THE 41F.ST T.TNE OF MAT11FIdS STREET AS DI?DTCATED IN THE PLAT DF SOUTHMOOR VILLAGE L''IL'Tll FIL1:1•!G, AS R.ECORUE'D A'1' BOOK 1.495, PAGE 1.72 IN SAID OFFICE S00°07122"E, 103. 36 FEET TO T'HE POINT OF BEGINNING; THENCE CONTINUING S00007122"E, 109. 95 FEET; THENCE NB9053127"E, 100.00 FEET TO A POINT ON A NON-TANGENT CURVE C01•iCAVE NORTHWESTERLY HAVING A RADIUS OF 75.79 FEET AND TO THE NEST LINE OF TRACT 7 OF FOOTN.ILLS FASHION MALL FXI'(�NSTON A" RECORDED AT RECEPTION NO. 88042995 IN SAID OFFICE; THENCE ALONG THE WrSTERLY, NORTHWESTERLY AND NOlmlERLY LINES OF TRAUTS 1; 7 AND 8 OF SAID FOOTHILLS FASHION MALL EXPANSION AND TRACT D OF' SAID SOUTHMOOR VILLAGE FIFTH FILING THE FOLM',7118G FOUR COURSES: SOUTHWESTERLY, THROUGH A CENTRAL ANGLE OF W36' 01.", ALONG THE ARC OF SAID CURVE 59. 00 FEET, SAID CURVE HAVING A CHORD THAT BF;ARS S22010137"W, 57 . 52 FEET; S44028' 37"W, 577 .95 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF '359.23 FEET; SOUTHWESTERLY, THROUGH A CENTRAL ANGLE OF 45°36' 15", ALONG THE ARC OF Sl:ID CURVE 285. 93 FEET, SAID CURVE HAVING A. CHORD THAT BEARS 2*70 . 44 FEET; 1\189055'08"i•!, 155.27 FEET; THENCE N00004' 52"E, 100.00 FEET TO THE SOUTH LINE OF SAID LOT 1; THENCE ALONG THI3 SOUTHERLY AHD SOUT'IIGASTL•:RLY LINES OF SAID LOT 1 THE FOLLO',IING FOUR COURSES : S89055108"E, :I.55.28 FRET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 259.23 FEET; NORTHEASTERLY, TIIROUGFi A CENTRAL ANGLE OF 45036115", ALONG THE ARC OF SAID CURVE 206.33 FEET, SAID CURVE HAVING A CHORD THAT BEARS N67°16145"E, 200 . 93 FEET; N44028137"E, 468 .04 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE NOR'1'9N'RSTERLY HAVING A RADIUS OF 243.83 F513T; EXHIBIT"A" - Page 2 of 2 CONTINUED FROM PREVIOUS PAGE NORTHEASTERLY, THROUGH A CENTRAL ANGLE OF 44036100", ALONG THE ARC OF SAID CURVE .189. 80 FEET, SAID CURVE HAVING 'A CHORD THAT BEARS N22010' 37"E, 185. 04 FEET TO THE; POINT OF BEGINNING, CONTAINING 101, 173 SQUARE FEET 12. 323 ACRES) MORE OR LESS. PREPARED BY NATHAN A. VANRAEMOOMCK, PLS 38098 -tom•;�•_ FOR AND ON BEHALF OF FARNSWORTH GROUP, INC. 8055 EAST TUFTS AVENUE, SUITE 050 171•,•'� .,;;;,,.';; ?�f'•� .y DENVER, CO 80237 it L1'.'/,%., ✓% r : `,i 38098