HomeMy WebLinkAboutLANDINGS PUD FOURTH - Filed EV-EASEMENT VACATION - 2003-12-10RESOLUTION NO. PZ91-9
OF THE PLANNING AND ZONING BOARD
OF THE CITY OF FORT COLLINS
VACATING AN EMERGENCY ACCESS EASEMENT
ON LOTS 18 AND 19 OF CREEKSIDE AT THE LANDINGS P.U.D.
:BEING A REPLAT OF A PORTION OF MOUNTAIN
RANGE SUBDIVISION AND THE LANDINGS P.U.D. FILING 4
WHEREAS, Section 2-353 (4) of the Code of the City of Fort
Collins authorizes the Planning and Zoning Board to vacate certain
easements and rights -of -way, by resolution or by approval of
replats containing notation of such vacation; and
WHEREAS, the Developer of Creekside at the Landings P.U.D.,
City of Fort Collins, Larimer County, Colorado has requested
vacation of a 16 foot wide emergency access easement centered on
the common lot line of Lots 18 and 19 of said P.U.D.; and
WHEREAS, the vacation request has been reviewed and approved
by the pertinent utilities and the Poudre Fire Authority; and
WHEREAS, upon dedication to the City of the cul-de-sac in the
Harmony Cove Townhomes as more particularly described on Exhibit
"A" attached hereto and incorporated herewith, the connection
between Creekside at the Landings P.U.D. and the Harmony Cove
Townhomes will no longer be necessary and, accordingly, the
emergency access easement will no longer be needed.
NOW, THEREFORE, be it resolved by the Planning and Zoning
Board of the City of Fort Collins that, subject to the conditions
hereafter provided, the 16 foot wide emergency access easement
connecting Creekside at the Landings P.U.D. with the Harmony Cove
Townhomes, more particularly described on Exhibit "B", attached
hereto and incorporated herewith, be and is hereby vacated; and
BE IT FURTHER RESOLVED, that the aforesaid vacation shall not
become effective until such time as the Developer of Creekside at
the Landings P.U.D. has dedicated to the City, free and clear of
all liens and encumbrances, that certain cul-de-sac located in the
Harmony Cove Townhomes as more particularly described on Exhibit
"A" and an agreement guaranteeing the construction of the cul-de-
sac by the Developer has been executed by the City and the
Developer.
Passed and adopted at a
Zoning Board of the City of
June, A.D. 1991.
regular meeting of the Planning and
Fort Collins held this 24th day of
Chairman
82281 r'uE+ny
concave to the West having a central angle of 95002137", a radius
of 9.00 feet, the chord of said curve bears South 10029'38" East;
thence South 52058119" East 6.00 feet to the True Point of
Beginning.
The above described tract contains 0.0798 acres more or less and
is subject to all easements and rights -of -way now existing or of
record.
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individual lots have been installed from main utility lines to the property
line.
h. The Developer agrees to provide and install at his expense adequate
barricades, warning signs, or other devices on the dead ends of streets to be
continued, unfinished crossings, and other sites designated by the City Engi-
neer as areas requiring such measures to insure the public safety.
7. Other Requirements.
a. In the event that adjacent subdivisions are not constructed
prior to this subdivision, the developer shall provide a
minimum of two (2( points of improved access.
b. Boardwalk Drive shall be completed to the property line when
the 5' x 20' culvert is completed as called for by Paragraph 5
(e) above.
8. Miscellaneous.
a. 'This agreement shall be binding upon the parties hereto, their
heirs, personal representatives and assigns.
b. Nothing herein contained shall be construed as a waiver of any
requirements in the City Subdivision Ordinance as it exists as
of the date of this agreement or any other provision of the
City Code and the Developer agrees to comply with all require-
ments of the same.
APPR
7
Direct df Public Works
City Attorn y��'
THE CITY OF FORT COLLINS, COLORADO
-6
B'1282 P 0 0 6 4 577295 0JUL 24 PM 2:01
COUNTY OF LARIMER
STATE OF.COLORADO
ORDINANCE NO. 77 , 1984 ,
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A PORTION OF BREAKWATER DRIVE AND
THREE UTILITY EASEMENTS IN THE FIRST REPLAT OF `
THE LANDINGS P.U.D., FILING 4
WHEREAS, the Council of the City of Fort Collins has been petitioned
to vacate a portion of Breakwater Drive and three utility easements in the
First Replat of the Landings, P.U.D., Filing 4, set forth in more partic-
ular on Exhibits "A", "B", "C" and "D" attached hereto and incorporated by
this reference; and
WHEREAS, the 3rd Replat of the Landings, P.U.D., Filing 4 created a
single lot out of twelve single family lots, several tracts and the entire
right-of-way of a looped street; and
WHEREAS, said vacations are for the right-of-way and easements which
would have provided utility service to individual lots; and
WHEREAS, the Planning and Zoning Board approved the 3rd Replat of the
Landings P.U.D., Filing 4 on December 19, 1983; and
WHEREAS, all utilities have been contacted and indicate no problem
with the requested vacations; and
WHEREAS, the rights of the residents of the City of Fort Collins will
in no way be prejudiced or injured by said vacation.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that that portion of Breakwater Drive and three utility easements
in the First Replat of the Landings P.U.D., Filing 4, set forth in more
particular on Exhibits A, B, C, and D attached hereto and incorporated
by this reference, be, and the same hereby are, vacated, abated and a-
bolished.
Introduced, considered favorably on first reading, and ordered pub-
lished this 3rd day of Uul , A.D. 1984, and to be presented for final
passage on tFe 17th day of lulu _, A./D}. 1984.
Pla,l+br
ATTEST:
1984.
Ctty Cler
Passed and adopted on final reading this 17t1 day of July A.D.
Mayor
ATTEST:
tty er
B2282 P0065
EXHIBIT "A"
PROPERTY DESCRIPTION OF A PORTION OF BREAKWATER DRIVE, BEING IN
THE PLAT OF "THE SECOND REPLAT OF THE LANDINGS P.U.D. FILING 4",
TO BE VACATED.
A tract of land located in the Southwest quarter of Section 36,
township 7 North, Range 69 West, of the 6th P.M. of Larimer
County, Colorado, being more particularly described as follows:
Considering the South line of the Southeast quarter of said
Section 36 as bearing South 89056.28" East and with all bearings
contained herein relative thereto:
Commencing at the South quarter corner of said Section 36: thence,
North 20018125" West 2129.06 .feet to the Southeasterly corner of
Lot 1, "The Second Replat of the Landings P.U.D. Filing 4" as
recorded with the Clerk and Recorder of said County; thence along
the easterly line said Lot 1, North 44059,04" East 33.56 feet;
thence continu.ing along said easterly line 65.27 feet along
the arc of a curve concave to the Northwest having a central angle
of 07057123", a radius of 470.00 feet, the chord of said curve
bears North 41000'23" East to the right-of-way of Breakwater
Drive, as shown on the said Plat of "The Second Replat of the
Landings P.U.D. Filing 4", and the True Point of Beginning of this
description; ,thence along said right-of-way and its prolongations,
the following sixteen (16) courses and distances;(1) 24.88 feet
along the arc of a curve concave to the Southwest having a central
angle of 95002137", a radius of 15.00 feet, the chord of said
curve bears North 10029138" West; (2) North 58000156" West 3.24
feet; (3) 149,.23 feet along the arc of a curve concave to the
Northeast having a central angle of 90000'OOa a radius of 95.00
feet, the chord of said curve bears North 13 00 54 West; (4)
North 31059'04" East 178.96 feet; (5) 187.36 feet along the arc of
a curve concave to the South having a central angle of 113000'00",
a radius of 95.00 feet, the chord of said curve bears North
88029104" East; (6) South 35000156" East 12.39 feet; (7) 22.35
feet along the arc of a curve concave to the Northeast having a
central angle of 85021154", a radius of 15.00 feet, the chord of
said curve bears South 77041153" East, (8) 77.66 feet along the
arc of a curve concave to the Southeast having a central angle of
09016112", a radius of 480.00 feet, the chord of said curve bears
South 54059104" West; (9) 22.35 feet along the arc of a curve
concave to the West having a central angle of 85021154", a radius
of 15.00 feet., the chord of said curve bears North 07040'01" East;
(10) North 3`5000'56" West 12.39 feet; (11) 88.75 feet along the
arc of a curve concave to the South having a central angle of
113000,00", a radius of 45.00 feet, the chord of said curve bears
South 88°29104" West; (12) South 31059104" West 178.96 feet; (13)
70.69 feet along the arc of a curve concave to the Northeast
having a central angle of 90°00100", a radius of 45.00 feet, the
chord of said curve bears South 13000156" East; (14) South
58000'56" East 3.24 feet; (15) 24.88 feet along the arc of a curve
concave to the North having a central angle of 95002137", a
radius of 15.00 feet, the chord of said curve bears North
g2282 P0066
74027145" East; (16) 82.75 feet along the arc of a curve concave
to the Southeast having a central angle of 10005'14", a radius of
470.00 feet, the chord of said curve bears South 31059'04" West to
the True Point of Beginning.
The above described tract contains 0.5471 acres more or less and
is subject to a7.1 easements and rights -of -way now existing or of
record.
B2282 Pn067
EXHIBIT "B"
PROPERTY DESCRIPTION OF A 6.00 FOOT WIDE UTILITY EASEMENT, BEING
IN THE PLAT OF "THE 1ST REPLAT OF THE LANDINGS P.U.D., FILING 4"
TO BE VACATED.
A tract of land located in the Southwest quarter of Section 36,
Township 7 North, Range 69 West, of the 6th P.M. of Larimer County,
Colorado, being more particularly described as follows:
Considering the South line of the Southeast quarter of said Section
36 as bearing South 89056128" East and with all bearings contained
herein relative thereto:
Commencing at the South quarter corner of said Section 36: thence,
North 08015143" West 2428.34 feet to the southeasterly corner of Lot
12 "The 1st Replat of the Landings P.U.D. Filing 4" as recorded with
the Clerk and Recorded of said County; thence along the
northeasterly line of said Lot 12, North 44021'36" West 6.59 feet to
the True Point of Beginning of this description; thence continuing
along said northeasterly line and along the northeasterly line of
Lot 11, of the "The 1st Replat of the Landings P.U.D. Filing 4", North
44021136" West 149.60 feet; thence South 45038124" West 6.00 feet;
thence South 44021'36" East 146.95 feet; thence 6.56 feet along the
arc of a curve concave to the Southeast having a central angle of
00046'25", a radius of 486.00 feet, the chord of said curve bears
North 69030128" East to the True Point of Beginning.
The above described tract contains 0.0204 acres more or less and is
subject to all easements and rights -of -way now existing or of record.
B2282 P0068
EXHIBIT "C"
PROPERTY DESCRIPTION OF A 6.00 FOOT WIDE UTILITY EASEMENT, BEING
IN THE PLATS
FIRST REPLAT OF THE LANDINGS
SECOND REPLAT OFTHE LANDINGS P.UDFILING U4" TOBE
AND"THE4"
VACATED.
A tract of land located in the Southwest quarter of Section 36,
Township 7 North, Range 69 West, of the 6th P.M. of Latimer
County, Colorado, being more particularly described as follows:
Considering the South line of the Southeast quarter of said
Section 36 as bearing South 89056128" East and with all bearings
contained herein relative thereto:
Commencing at the South quarter corner of said Section 36:thence,
North 20018125" West 2129.06 feet to the southeasterly
Lot 1 "The Second Replat of the Landings P.U.D. Filing 4" as
recorded with the Clerk and Recorded of said County; thence along
the southeasterly line of said Lot 1, North 44049104" East 33.56
feet; thence continuing along said southeasterly line 65.27
feet along the arc of a curve concave to the Northwest having a
central angle of 07057123", a radius of 470.00 feet, the chord of
said curve bears North 41000123" East to the True Point of
Beginning of this description; thence along the westerly right-of-
way of Breakwater Drive as shown on the said Plat of "The Second
Re -plat of the Landings P.U.D. Filing 4" the following seven (7)
courses and distances; (1) 24.88 feet along the arc of a curve
concave to the West having a central angle of 95°02'37", a radius
of 15.00 feet, the chord of said curve bears North 10029'38" West;
(2) thence North 58000'56" West 3.24 feet; (3) thence 149.23 feet
along the arc of a curve concave to the Northeast having a central
angle of 90000'00, a radius of 95.00 feet, the chord of said
"
curve bears North 13000'54" West; (4) North 31059'04" East 178.96
feet; (5) 187.36 feet along the arc of a curve concave to the
South having a central angle of 113000'00", a radius of 95.00
feet, the chord of said curve bears North 88029'04" East; (6)
South 35000156" East 12.39 feet; (7) 22.35 feet along the arc of
a curve concave to the North having a central angle of 85021154",
a radius of 15.00 feet, the chord of said curve bears South
77041'53" East; thence North 30022150" West 6.00 feet to a line
which is 6.00 feet (measured radially and at right angles) westerly
of and parallel to the said westerly right-of-way of Breakwater
Drive; thence along said parallel line the following seven (7)
courses and, distances; (1) 13.41 feet along the arc of a curve
concave to the North having a central angle of 85021154", a radius
of 9.00 feet, the chord of said curve bears North 77041153" West;
of) aNrth ocurve3 conc0ave"t West
thelSouthfeet;
having3along the arc
a central angle o
be
113000,00", a radius of 108ou0the316 04"fet thec� est 178 96dfeet;curve (5)ars
South 88°29'04" West; (4)
158.65 feet. along the arc of a curve concave to the Northeast
having a central angle of 90°00'OOo a radius of 101.00 feet, the
chord of said curve bears South 13 00 54 East; (6) South
58000156" East 3.24 feet; (7) 14.93 feet along the arc of a curve