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HomeMy WebLinkAboutSILVER OAKS PUD - Filed EV-EASEMENT VACATION - 2004-02-12RCRTN u 96067506 08/23j96 -13:47:00 # PA(9ES - 2 FEE - M H01JKNHKPGER RECORDFHI. LARIMER COUNTY CU STATE 1)OC FEE - RESOLUTION NO. PZ96-7 OF THE PLANNING AND ZONING BOARD OF THE CITY OF FORT COLLINS VACATING A PORTION OF A 5 FOOT WIDE DRAINAGE EASEMENT ON LOT 11, SILVER OAKS P.U.D. FIRST FILING 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 $11.Ou $.uo WHEREAS, the Owner of Lot 11, Silver Oaks P.U.D. First Filing, has requested the vacation of a (portion of a 5 foot wide drainage easement, more particularly described on Exhibit "A", attached hereto and incorporated herewith by this reference; and WHEREAS, the existing house on Lot 11, Silver Oaks P.U.D., First Filing encroaches 1 foot into the originally platted 5 foot wide drainage easement on the west side of said Lot 11; and WHEREAS, the Owner has requested vacation of the drainage easement area beneath the house to eliminate said encroachment; and WHEREAS, the encroachment, and associated area proposed for easement vacation to eliminate the encroachment, does not impair the function and adequacy of the remaining drainage easement area on Lot 11 or the drainage pattern on the adjacent lot to the west; and WHEREAS, the City Stormwater Utility has reviewed the request for vacation of a portion of the drainage easement and reports no objections. NOW, THE=REFORE, be it resolved by the Planning and Zoning Board of the City of Fort Collins that the portion of the 5 foot wide drainage easement area more particularly described on Exhibit "A", attached hereto and incorporated herewith by this reference be and the same hereby is vacated. Passed and adopted at a regular meeting of the Planning and Zoning Board of the City of Fort Collins held this 24th day of June, A.D. 1996. Chairman tTT %C/ Secretary I OVYOF FMT CCii_LJW EXHIBIT "A" EASEMENT VACATION A portion of an existing 5 foot drainage easement to be vacated, located in Lot 11, Silver Oaks P. U.D., First Filing, situated in the South half of the Southeast quarter of Section 28, Township 7 North, Range 69 West of the Sixth P.M , City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows: Considering the west line of said Lot 11, being monumented by a number 4 rebar and plastic cap P.L.S. No.29407 at the southwest and northwest corners of said lot 1 I, as bearing North 01' 20' 00" East (Plat of said P.0 D.) and with all bearings contained herein and relative thereto. Commencing at the northwest corner of said lot 11 thence South 88' 40' 00" East along the north line of said lot, 4.00 feet to the TRUE POINT OF BEGINNING; thence continuing along said north line South 88' 40' 00" East, I.00 feet; thence departing said north line South 01' 20' 00" West and parallel to the West line of said Lot 11, 106.82 feet to a point on the south line of said Lot 11; thence South 89' 22' 00" West along said south line, 1.00 feet; thence departing said south line North 01' 20' 00" East and parallel to the west line of said Lot 11, 106.85 feet to the TRUE POINT OF BEGINNING. Said vacated easement contains 106.81 square feet more or less. J. a � e Ot Brian J. Barnes Colorado P.L.S. No. 29407