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HomeMy WebLinkAboutCASTLE RIDGE AT MIRAMONT PUD - Filed EV-EASEMENT VACATION - 2003-09-24rrry RESOLUTION NO. PZ97-10 OF THE PLANNING AND ZONING BOARD .a ,a OF THE CITY OF FORT COLLINS VACATING THE 20 FOOT TEMPORARY EMERGENCY ACCESS EASEMENT DEDICATED ON LOT 8 OF THE PLAT OF CASTLE RIDGE AT MIRAMONT PUD WHEREAS, Section 2-353 (4) of the Code of the City of Fort Collins authorizes the Planning and Zoning Board to vacate certain rights -of -way, by resolution or by approval :. of replats containing notation of such vacation; and U WHEREAS, the Owner of Lot 8 of Castle Ridge at Miramont PUD has requested that the City vacate the 20 foot temporary emergency access easement dedicated on Lot 8 of the Castle Ridge at Miramont PUD and more particularly described below; and 2 -f: �WHEREAS, the vacation request has been reviewed and approved by the pertinent City and private utilities, and they report no objections. NOW, THEREFORE, be it resolved by the Planning and Zoning Board of the City of Fort Collins, that the 20 foot temporary emergency access easement dedicated on Lot 8 of Castle Ridge at Miramont PUD more particularly described as follows to wit: -+ x That part of Lot 8, Castle Ridge at Miramont P.U.D. and located in Section 1, Township 6 North, Range 69 West of the 6th Principal Meridian, City of Fort Collins, Larimer County, Colorado, being more particularly described as follows: �z �w ss Considering the West line of said Lot 8 as bearing North 00043'06" East with all bearings contained herein relative thereto: n .r: Commencing at the Northwest Corner of said Lot 8, Castle Ridge at Miramont P.U.D.; thence along the West line of said Lot 8, South 00043'06" West, 121.42 feet to the POINT OF BEGINNING, said point being on the Northwesterly line of that 20' Temporary Emergency Access Easement as Plated in said Lot 8, Castle Ridge at Miramont P.U.D.; thence along said easement by the following five (5) courses and distances, South 89016'54" East, 35.87 feet to a point on a curve concave to the Northwest, having a central angle of 33010'19", a radius of 55.00 feet and the chord of which bears North 74007'56" East, 31.40 feet; thence along the arc of said curve 31.84 feet; thence, North 57°32'47" East, 28.56 feet to a point on a curve concave to the Southeast, having a central angle of 76°43'25", a radius of 75.00 feet and the chord of which bears South 84°05'31" East, 93.09 feet; thence along the arc of said curve 100.43 feet; thence, South 45043'48" East, 34.58 feet to a point on the East line of said Lot 8; thence along said East line of Lot 8 along by the following two (2) courses and distances, along the arc of a non -tangent curve concave to the East, having a central angle of 27°21'44", a radius of 40.20 feet and the chord of which bears South 04°24'13" West, 19.02 feet; thence along the arc of said curve 19.20 feet; EXHIBIT `A' OF EASEMENT VACATION S38'0fi 11.1 POINT OF BEGINNING 5j0.3j0p�' \126 q2. 13' Easement R = ♦0.20' L = 22.48 CASTLE RIDGE CT. N89'1 13 6' ESAR TO SCALE 1'=50' FOUND PIN O FOUND OFFSET DESCRIPTION OF PORTION OF EASEMENT TO BE VACATED: THAT PORTION OF LOT 8, CASTLE RIDGE AT MIRAMONT, P.U.D., IN THE CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COL.ORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE S 38'06'33" E 11.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 70'37'00" E 13.72 FEET; THENCE S 00'43'06" W 207.94 FEET; THENCE N 89'16'54" W 13-00 FEEI; THENCE N 00'43'06" E 212.33 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, CONTAINING 2732 SQUARE FEET, MORE OR LESS. LEGAL: LOT 8, CASTE RIDGE AT MIRAMONT, P.U.D. I DATE07-28-04 DRAWN: RJL SCALE: 1"=50' CHK'D: RJL ADDRESS: 613 CASTLE RIDGE COURT BOOK: APPV'D: CLIENT: LES SIPES I PROJECT NO.: 04-2271 R.J.L. SURVEYS 00 113 CAMERON DRIVE, SUITE B FORT COLLINS, COLORADO 80525 (970) 226-3007 4 1 fO: FCLWD-SFCSD, Terry Farrill, P.E. FROM: Marc Virata, Development Review Engineer DATE: May 13, 2004 RE: REQUEST TO VACATE A PORTION OF A UTILITY EASEMENT Attached for your review and comment is a sketch showing a proposed vacation, vacating 14' of au existing 20' utility easement (retaining 6') along the rear property line of lot 8 of Castle Ridge at Miramont P.U.D. The lot owner is proposing to vacate these utility easements in order to allow for the construction of a pool within portions of the proposed vacated easement. Please sign and return any comments to Marc Virata in the Development Review Center by Friday May 2?. 2004 or email: mviratal(�f"ov.com with your comments. Responses not received by this date will be assumed as no objection to the proposed vacation. Please call at 221-6605 if you have any questions. Thanks you. NO PROBLEMS _/�' PROBLEMS/CONCERNS AS FOLLOWS: 5�'-/OE7 5ecjer i a - 9 J� G _- P G G� „F 8 x u q Y W W_ O O U V y FJ 6 ; 3NV7 N33aJ -11VW z b s o N � j } Q 3 33tJ2iIJ a f AVAA hld v 1:-11U lo1M a j �'°' 5 �x ✓ � y�;6`' gg i y z,Al! g S • Y St`t n+ ii !L _bfq S.n. n ✓ 4 � % r v; / +F i t r 1 you. i S i �t Pi \ !3 Y 011 9 / x ` �h pp I v` J O t,� —?,5PRk tia-R S�_.?6€4 d/4f C-.f:4: °. =�4°RI9'6FdfPBO _.PY9PEPP90 e raop � o _• r.v ..r _. 3 _. ..eae. -i_ sa ze v,Ee r - p� O 4 J" __- ---------- _ .. If 04-14-2004 O3:16pm From -LTG -FT COLLINS OT02O4O652 T-286 P-0O5/O25 F-488 it J \\ LIT101 ' � // EA5p1FJn SENT o r FAST 126.4r I i i S 45°4,1 109.01, P 11 11/1 w g' UTAM �`w -" 7 74 L vs'il II 4 'o LANDSCAPE PLAN N O �e y L \iSi aka L ICI 1 I 1 L o{ , r L d� 3' . e { v �o E� •.N-� ��-M ill OTTO Brothers RESIDENCE idcc m 4urwm & 'Ju wa , lnc. TICKET # DATE: ADDRESS:_ EXCAVATOR: How Marked: ❑ Paint ❑ Flags ❑ Nylon Whiskers J FACILITY LOCATION SKETCH T TTT T I TL CT Q uhhasrrwirr,soWdoss Area#: Prints Time Arrived THIS SKETCH IS APPROXIMATE: 18 INCHES HORIZONTALLY FROM EXTERIOR SIDE OF THE FACILITY IS CONSIDERED A CORRECT L OCATION71 COMMEN TS PRINT LOCATOR'S NAME DATE Signature of person on job site Time Completed N LOCATOR IN OI CATE NORTH ❑ DIG ALERT Major facility in or near dig area. Please hand dig and expose all facilities a call Utiliquest for l aasislfu r ❑ Watch & Protect/ Standby Required ❑ Copy left at site Sketch left at: -a EXCAVATOR NOTIFIED name Date.-TimeW PM Logs __ FACILITY OWNER NOTIFIED Name Date'` rime _:.CAM pa, EXTENDED JOB AGREEMENT Sur company ano I egree that this engrnal locate '.cket is an extended iob and that locates ."I be jOnE On a Cey4048y ba515. iNO a%.a,atmg Will take piece until signed paperwork is receiveo by our Cori Wrth the mg area defined - Excavators Signature ® CITY OF FORT COLLINS UTILITY SERVICES LOCATE REQUEST FOR IHOUIRIES CONCEP.NIPeC ELECTRICAL, WATERWASTEWA7 ER, & 1'FLFICOMMI NICATIONS LOCATES CALL 970-221-6851 FTCI.01 00039 UNCC 04/16/04 03132 PM 0195211-000 NORM NEW STRT LREQ Ticket 1 0195211 Original Call Dater 04/16/04 Timer 02:31 PM OR: C.SC Cm1tr EX( -NV Mete : 04/?1/04 Time: 67100 AM BXteNtled job: N LOCatF try n'te r 04/20/04 TirI llt59 PM Iles NotiCP_t 119 Meet: N ,�L6te1 CC Count/: I.ARI51F.R City: FORT COLLINS Adder 61I street: CASTLE RIDGE CT Grids: 06N069WO1sE 1 f Legal, N Type C1 WOrI<t NEW SWIMMING Pool, Exp.: N Bor'ingt h! 1.Ocalion: Ix1C W/s0 REAR J,0T WTI-11111 FENCE ARRA*ACCESS OPEN OIII,Y ON TUFs. 4/20 DUE : TO UOGS^ Company f LEs sIPEF 11/0 Call,.r : I.ES 57FES Phone: (970)1229-905R Alt Cont1 CF.I.L Phone: (970)566-9640 Done Tor'f LES SIPES IWO Remarks: Members fCI?nNC00 :C'MS11C0'I MSmp�rs :gIS1CNCn� ;SECT vI DIG ALERT REQUIRED :FTCIAI :PCNC00 %PRPA01 IPSFIC07 :QL1lCNC06 HLO # TIME ISSUED BKR # TIME RELEASED TWO (2) WORKING PAYS OF NOTICE IS REQUIRED BEFORE YOU PIG SIAH IAWi 9, I.h ICI n 1 lrfi C R S roqulr2 EVERYONE p!enndnq to tlin in or near a PUBLIC ROAD. SIRLET N.I.EY. RIGHT OF-WFl, I IITILII i' i,A`.EiAFNT tp(ILIIY In ntll; the inJil l,,, nt Vr n iitlent AT LFAsr 1WO (21 FILL N101KING DAYS PRIOR 10 DIGCIN6. CALL 1800-P22-1987 or in Metro Denver 303-534-5700_ ELECTRIC .dam IHAFFIC IJ WW UTILITY J u rV.arivEu �( WATER J STORM DRAIN J FIBERiCOMNI This sketch is approximate_ the slakes, or paint marks denote the Locator's best estimate of the location of underground utility facilities. DIG VERY CAREF(II_LY -P}3E TECT UGIDERCROUND UTILITY, C:ARLES. PIPF_S. WIRES, PHD OfIIFR F1_)UIFP.4Eh11, I low Working in Street: Sta YesSPaint -J FIa J Nylon Whiskers MARKERS CAR! B_KHEMOV'F4F AFFR F'(4'AV!%TVt". 'J No fv LOCATOR INDICATE NORTH CITY OWNED UTILITY COLORS RED - ELECTRIC / THAP TIC BLUE- WATER GREEN- WASTFWATEFii STORM DRAIN ORANGE- TELECOMMUNICATIONS 18 INCHES FROM EACH SIDE OF THE UTILITY LOCATE MARK MOST BE EXPOSED TO CORRECTLY IDENTIFY THE EXACT LOCATION OF UTILITY I.LF(S). ACTUAL. TRENCH CONTENTS MAY VARY FROM FIELD SKETCH. SPWP LINES TO HOUSF ARE USUALLY A" I UP, Cl AY TII. E TFIAJFR SFR`In'r I INFS FROM HIE SEWER MAIN TO THE Bllll_DINO CANNOT BE LOCATED WITH THE LOCATING EOIAPMFNT_ CUNTACT 111E alnlDRin nIqurp run cr.;urn SERVICE LINE LOCATION OR TAK( OTHER MEASURES TO LOCATE BETORF„EXCAVAlI46- LOCATOR'S NAME i_ )Z�,-- ��. _._ - ---— - __- DATE L /.._. Z L CJ_Il. Signature of person contacted. _._ __ _ _____ _ _. _ _ WHITE CUSTOMER YELLOW - OFFICE COPY (See Reverse) FACILITY LOCATION SKETCH UTILIQUEST utility Scrvius Solutians TICKET# !"-' DATE: -i I ? O ADDRESS: I! 3 EXCAVATOR: COMMENTS PRINT LOCATOR'S NAME _ Signature of person on job site az T EXTERIOR-SIDEOF THE FACILITY IS CONSIDERED'A CORREM DATE < Oi CONTRACTOR Area#: EXCAVATOR NOTIFIED: Name Date. Time'— M PM Log♦ FACILITY OWNERNOTIFIED. Name_ _ Date: I Time:__AM PAd ecketis an extendedjob.and that locates will be done an a day -today bases. No excavating wia aka place undil signed paperwork s received by our Company with the dig area defined. Excavators Signature TO: Comcast, Dennis Greenwalt FROM: Marc Virata, Development Review Engineer DATE: May 13, 2004 RE: REQUEST TO VACATE A PORTION OF A UTILITY EASEMENT Attached fcr your revie.v and comment is a sketch shoving a proposed vacation, vacating 14' of an existing 20' utility easement (retaining 6') along the rear property line of lot 8 of Castle Ridge at Miramont P.U.D. The lot owner is proposing to vacate these utility easements in order to allow for the construction of a pool within portions of the proposed vacated easement. Please sign and return any comments to Marc Virata in the Development Review Center by Friday May 2'S 2004 or email: mvirata(a2fcuwv.eom with your comments. Responses not received by this date will be assumed as no objection to the proposed vacation. Please call at 221-6605 if you have any questions. Thanks you. NO PROBLEMS i PROBLEMS/CONCERNS AS FOLLOWS: Comcast Cable has facilities in this utility easement and will not vacate this utility casement. DECEIVED CURRENT PLANNING thence, South 80°43'21" West, 6.72 feet to a point on the Southerly line of it said 20' Temporary Access Easement; thence along said easement by the following five (5) courses and distances, thence, North 45043'48" West, 42.78 feet to a point on a curve concave to the Southeast, having a central angle of 76"43'25", a radius of 55.00 feet and the chord of which bears North 84°05'31" West, 68.27 feet; thence along the arc of said curve 73.65 feet; thence South 57032'47" West, 28.56 feet to a point on a curve concave to the Northwest, having a central angle of 33°10119", a radius of 75.00 feet and the chord of which bears South 74007'56" West, 42.82 feet; thence along the arc of said curve 43.42 feet; thence, North 89016'54" West 35.87 feet to a point on said West line of Lot 8; thence, North 00043'06" East, 20.00 feet to the point of Beginning. be and is hereby vacated. Passed and adopted at a regular meeting of the Planning and Zoning Board of the City of Fort Collins held this 16th day of October A.D. 1997. Chairman ATTEST: Secretary fO: City bight and Power, FROM: Marc Virata, Development Review Engineer DATE: May 13, 2004 RE: REQUEST TO VACATE A PORTION OF A UTILITY EASEMENT Attached for your review and comment is a sketch showing a proposed vacation, vacating 14' of ,in existing 20' utility casement (retaining 6') along the rear property line of lot 8 of Castle Ridge at Miramont P.t l.D. 'fhc lot owner is proposing to vacate these utility casements in order to allow for the construction of a pool within portions of the proposed vacated casement. Please sign and return any comments to Marc Virata in the Development Review Center by Friday May 2V 2004 or email: mvirata�,fegv.com with your comments. Responses not received by this date will be assumed as no objection to the proposed vacation. Please call at 221-6605 if yrou have any questions. Thanks you. I NO PROBLEMS PROBLEMS/CONCERNS AS FOLLOWS: f { Marc Virata - Re utility easement vacate Page 1 From: "William Johnson" <bpjohn2@gwest.com> To: Marc: Virata <MVIRATA@fcgov.com> Date: 5/25104 11:07AM Subject: Re: utility easement vacate Marc Virata wrote > Bill, > Thanks for the clarification. The owner has locates called in and all > the locates should be completed by late tomorrow morning, if you'd like > to see the results If you come across some concerns as a result of the > locates, please let rrie know by the end of day Friday. Thanks again for > your attention on this. > As a side note Bill, are you the appropriate contact on easement > vacation issues for Qwest in this area (instead of Bob Rulli?) I'd like > to update our contact information around the office as appropriate. > Thanks, > Marc > >>> "William Johnson" <bpjohn2@qwest.com> 05/24/04 03:35PM >>> > Marc Virata wrote: > > Bill, > > Thanks for the response. I just wanted to verify your position on > this > > easement vacation. It appears to me that you're not objecting to > > vacating the east '14' of the 20' utility easement (retaining U), > > although you're warning that if construction or landscaping > interferes > > with it then easement would need to be obtained and the owner would > > have to be billed for it. Am I interpreting this correctly? > > The owner had done field locates, a sketch of which the owner gave > to > > me and I can provide to you via fax. Dennis Greenwalt at Comcast > does > > want him to call for locates again so he can verify the location > > himself, I can contact you when this has been done if you would like > to > > see the results of the locates. > > Thanks, > > Marc > > >>> "William Johnson" <bpjohn2@qwest.com> 05/24/04 02:39PM >>> > > Marc, > > In response to a easement vacate request of lot 8 of Castle Ridge at > > Miramount P U.D., Qwest has facilties in the easement location > running > > along the western boundary. A 50 pair distribution cable is located > > along the western edge of this property which runs north and south > and Marc Virata - Re utility easement vacate Page 2 > > feeds parcels in the surrounding area. If landscaping or digging > > interferes with the cable, easement would have to obtained in order > to > > relocate this cable. If the cable was required to be moved, this > would > > be a billing job for relocation. Locates and/or pot holing would > have > > to > > be performed in order to determine the exact location of this > > structure. > > Thank you, > > Bill Johnson > > Field Engineer > Marc, > That is pretty much correct with the easement. If they can landscape > or > build without damaging the cable, then we have no problem with the > procedure. If we do have to relocate, then this becomes a billing job > accordingly and, allowing there is enough room for the other > utilities, > then we would simply move into remaining 6' > I would like to see the results of the locates, just to know where our > structure is in relation to the construction, so please contact me at > this > time > Thanks much, > Bill Marc, You can put me down as the new contact for these matters in place of Bob Rulli. Bob took a position managing a field crew and I took over his previous position handling all his duties. I think my e-card should be attached to this, but initially my information is: Bill Johnson 970-377-6401 office # 970-490-6904 pager 970-377-6436fax # 3351 Eastbrook Dr Ft Collins, CO 80525 Marc Virata -Castle Ridge Easement Page 1 From: Janet McTague To: Marc Virata Date: 5/26104 11:28AM Subject: Castle Ridge Easement Hi Marc, I met with the homeowner of 613 Castle Ridge this morning to look at the locates in relation to the location of the pool. The electric facilities are outside of the dig area and we have no problem with vacation of the easement. Thanks for your help with the locate information. Janet RESOLUTION NO. PZ04-20 OF THE PLANNING AND ZONING BOARD OF THE CITY OF FORT COLLINS VACATING A PORTION OF A UTILITY EASEMENT ON LOT 8, CASTLE RIDGE AT MIRAMONT P.U.D. WHEREAS, Section 2-353 (4) of the Code of the City of Fort Collins authorizes the Planning and Zoning Board to vacate certain easements, by resolution or by approval of replats containing notation of such vacation; and WHEREAS, the Owner has requested that the City vacate a portion of a utility easement located on Lot 8 of Castle Ridge at Miramont P.U.D., which vacation is more particularly described on Exhibit "A', and WHEREAS, the vacation request has been reviewed and approved bythe pertinent City and private utilities, and they report no objections. NOW, THEREFORE, be it resolved by the Planning and Zoning Board of the City of Fort Collins that a portion of a utility easement along the rear property line of Lot 8 in Castle Ridge at Miramont P.U.D., more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference, is hereby vacated. Passed and adopted at a regular meeting of the Planning and Zoning Board of the City of Fort Collins held this 19 day of August A.D. 2004, ATTEST: Se ary Chairman IIIII III II'IIII III'IIIIIIIIIIIII IIIIIIII CLERK LRRIMER COUNTY CO RCPTN# 2004-0092188 113:33:45 4 PAGES - 2 FEE $11.00 DOC $0.00 #383117 CITY CLERK CITY OF FORT COU �% EXHIBIT 'A OF EASEMENT VACATION 13' Ene t R : 4 20 L 22'. CASTLE RIDGE CT. 6 ES l To W u r-w ® FWND NN 0 FWND Di T DESCRIP110N OF PORTION OF EASEMENT TO BE VACATED: THAT PORTION OF LOT 8. CASTLE RIDGE AT MIRAMONT, P.U.D., IN THE CITY OF FORT COLLINS. COUNTY OF IARIMER, STATE. OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE S 38'06'33" E 11.16 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 70'37'00" E 13.72 FEET. THENCE S 00'43'06" W 207A4 FEET: THENCE N 89'1E54" W 13,00 FEET; THENCE N 0943'06- E 212-33 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, CONTAINING 2732 SQUARE FEET, MORE OR LESS, LEGAL LOl 8, CASTE RIDGE AT MIRAMONT, P.U.D. DATE:07-28-04 DRAWN: RJL SCALE: 1"=50' CHK'D: RJL ADDRESS: 613 CASTLE RIDGE COURT BOOK: APPV'D: CLIENT: LE_S SIPES PROJECT NO.: 04-2271 I R.J.L. SURVEYS 113 CAMERON DRIVE, SUITE B FORT COLLINS, COLORADO 80525 00, (970) 226-3007 0 SA.40REED Ct P l� �JpiO 8f lDfPD r s 8 G�q s 4,y S,1�C 8�t Utility easement vacation BOA k DIVA LK DR KEEYLA� r Lot 8 w C U J S E � RF(vFOFRF C7 G h Q � .14`aripi Ir, k AN 7FRRACF r�R OAK MA�AVAtCFy pR ROHA'ALLEY Phyp�eLfpt $E 4R N 5 Vacation of the east 13' of a 20' utility easement on Lot 8 of Castle Ridge at Miramont �1Ftli i�\1F. 08/19/04 ci •!' Marc Virata e- ---- P; z -10 r BOAR!-) SUBJECT: Resolution PZ04-20: Vacation of a portion of a utility easement along the rear property line of Lot 8 in Castle Ridge at Miramont P.U.D., generally located south of Boardwalk Drive and west of Highcastle Drive. OWNER: Mr. Les Sipes 613 Castle Ridge Court Fort Collins, CO 80525 PROJECT DESCRIPTION: Request to vacates a portion of a utility easement along the rear property line of Lot 8 in Castle Ridge at Kramont P.U.D., generally located south of Boardwalk Drive and west of Highcastle Drive. RECOMMENDATION: Staff recommends approval of Resolution PZ04-20 EXECUTIVE SUMMARY: The Owner, in conjunction with City Staff, has requested the vacation of a portion of an existing 20' utility easement along the rear property line of Lot 8 in Castle Ridge at Miramont P.U.D. More specifically, the easternmost 13' of utility easement is proposed for vacation, retaining 7' of the utility easement. This vacation request is prompted by the owner's desire to construct a swimming pool which would partially encroach into the existing 20' utility easement. By vacating this portion of utility easement, the owner would be able to proceed with permitting approval to construct the swimming pool. The utility companies have been contacted and have reported no problems with the proposed vacation. SUBJECT: Resolution PZ04-XX: Vacation of a portion of a utility easement along the rear property line of Lot 8 in Castle Ridge at Miramont P.U.D., generally located south of Boardwalk Drive and west of Highcastle Drive. OWNER: Mr. Les Sipes 613 Castle Ridge Court Fort Collins, CO 80525 PROJECT DESCRIPTION: Request to vacate a portion of a utility easement along the rear property line of Lot 8 in Castle Ridge at Miramont P.U.D., generally located south of Boardwalk Drive and west of Highcastle Drive. RECOMMENDATION: Staff recommends approval of Resolution PZ04-XX EXECUTIVE SUMMARY: The Own" conjunction with City Sta0as requested the vacation of a portion of an V�bility easement along th existing 2e',rgar property line of Lot 8 in Castle Ridge at Miramont P.U.D. More specifically, the easternmost 13' of utility easement is proposed for vacation, retaining 7' of the utility easement. This vacation request is prompted by the owner's desire to construct a swimming pool which would partially encroach into the existing 20' utility easement. By vacating this portion of utility easement, the owner would be able to proceed with permitting approval to construct -sal pool. The utility companies have been contacted and have reported no problems with/the proposed vacation. r I RESOLUTION NO. PZ04-xx OF THE PLANNING AND ZONING BOARD 7 h�l�i OF THE CITY OF FORT COLLINS VACATING A PORTION OF A UTILITY EASEMENT ON LOT 8, CASTLE RIDGE AT MIRAMONT P.U.D. WHEREAS, Section 2-353 (4) of the Code of the City of Fort Collins authorizes the Planning and Zoning Board to vacate certain easements, by resolution or by approval of replats containing notation of such vacation, and WHEREAS, the Owner has requested that the City vacate a portion of a utility easement located on Lot 8 of Castle Ridge at Miramont P.U.D., which vacation is more particularly described on Exhibit "A': and WHEREAS, the vacation request has been reviewed and approved by the pertinent City and private utilities, and they report no objections. NOW, THEREFORE, be it resolved by the Planning and Zoning Board of the City of Fort Collins that a portion of a utility easement along the rear property line of Lot 8 in Castle Ridge at Miramont P.U.D., more particularly described on Exhibit"A" attached hereto and incorporated herein by this reference, is thereby vacated. Passed and adopted at a regular meeting of the Planning and Zoning Board of the City of Fort Collins held this 19th day of August A.D. 2004. Chairman ATTEST: Secretary Vacation of the east 13' of a 20' utility easement on Lot 8 of Castle Ridge at Miramont