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HomeMy WebLinkAboutEVERGREEN PARK - Filed RV-ROW VACATION - 2004-03-29090 7 5 b ,174 ORDINANCE NO. 7-3_, 1975 BEING AN ORDINANCE VACATING THE STREETS AND OTHER PUBLIC EASEMENTS IN EVERGREEN PARK SUBDIVISION WHEREAS, heretofore the City Council of the City of Fort Collins approved the plat of Evergreen Park, a Subdivision in the City of Fort Collins, Colorado, which plat was filed with the County Clerk and Recorder of Larimer County on May 2, 1973; and WHEREAS, thereafter the owner of said lands submitted to the City a replat of said subdivision designated as Replat (No. 1) of Evergreen Park, which said replat was approved by the City Council and filed with the County Clerk and Recorder of Larimer County on April 16, 1974; and WHEREAS, to the extent the same are relocated on the replat, the streets and other easements shown and dedicated on the original plat of Evergreen Park filed May 2, 1973, are not needed for municipal purposes nor will the same be needed for municipal purposes in the future since other streets and easements were dedicated to the City in the Replat (No. 1) of Evergreen Park; and WHEREAS, it appears that the rights of citizens of the City of Fort Collins will in no way be prejudiced by this vacation of said streets and easements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That all streets and other easements which are designated and dedicated by the plat of Evergreen Park be, and the same hereby are, abolished, vacated and abated. It is the intention of the City Council in passing the within ordinance to vacate all of the streets and other public ease- ments shown on the plat of Evergreen Park to the extent the same are relocated on the Replat (No. 1) of Evergreen Park, and particularly, that portion of Redwood Street so relocated. Section 2. Nothing herein contained shall in any way affect the dedications of the streets and other easements as shown on the Replat (No. 1) of Evergreen Park and the same shall continue in full force and effect. Introduced, considered favorably on first reading, and ordered published this 7th day of October, A.D. 1975, and to be presented for final passage on the 21st day of October, A.D. 1975. r! 6 -('? °G l 5 7 ' ATTEST: Mayor 7 ity Clerk Passed and adopted on final reading this 21st day of October, A.D. 1975. ATTV,ST: i City kerk Mayor -2- RCPIPN +� 9 ';a .=, (i'=;/n'-/o't. :"?•06:OD # PAGE':i - FEE - 7 .Gc ORDINANCE NO. 5 , 1993 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF RIGHT-OF-WAY FOR FOXTAIL STREET AND SUGARPINE STREET IN THE EVERGREEN PARK SUBDIVISION WHEREAS, the Director of Planning has approved a minor subdivision entitled "The Second Replat of Evergreen Park Second Filing"; and WHEREAS, the approval of said replat has made it necessary and desirable to vacate portions of Foxtail Street and Sugarpine Street rights -of -way dedicated by the plat of the "Replat of Evergreen Park Second Filing" and more particularly described on Exhibit "A," attached hereto and incorporated herewith; and WHEREAS, City agencies and private utilities have been notified of the recording of "The Second Replat of Evergreen Park Second Filing" plat and report no objections to the proposed vacation; and WHEREAS, the rights of the residents of the City of Fort Collins will not be prejudiced or injured by the vacation of said street rights -of -way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the portions of Foxtail street and Sugarpine Street rights -of -way more particularly described on Exhibit "A," attached hereto and incorporated herein, be, and the same hereby is, vacated, abated, and abolished. Introduced, considered favorably on First Reading, and ordered published this 2nd day of February, A.D. 1993, and to be presented for final passage on the 16th day of February, A.D. 1993. 11 'Mayor L v y 47 ;s Passed and adopted on final reading this 16th day of February, A.D. 1993. ` 00 yor l K City Clerk \. ervorrn' rre,l i.v,e Gq KING 0 AMOCIATM LAND SURVEYING Kevin R. King 1200 W. Ash St,, S iite C Windsor, Colorado 80550 (303) 686-5011 737 Affidavit Of Correction To Legal Description RE: Ordinance No., 5, 1993 of the Council of the City of Fort Collins vacating a portion of Right -Of -Way for Foxtail Street and Sugarpine Street in the Evergreen Park Subdivision. I Kevin King, a duly registered land surveyor in the State of Colorado, do hereby acknowledge an error has been detected in the description prepared by me and recorded on March 5, 1993 under reception #93014246 of the Larimer County records. The True Point of Beginning as labeled on Parcel "A" was incorrectly referred to as the "the Northeast Corner of Lot 13, Block 611. The proper designation is as follows: the Northeast Corner of Lot 11, Block 611. (See attached corrected description.) 6. :ra A^ n King` LS _0685 Date NOTARIAL CERTIFICATE STATE OF COLORA,DOY COUNTY OF Wrtb' ) SS The foregoing instrument was acknowledged before me by 7 this day of l - P 19 . Witness my hand and seal. My commission expires��1 PARCEL "A" A parcel of land located in the Replat of Evergeen Park Second Filing in Section 1, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, Larimer County, Colorado being more particularly described as follows: Commencing at the Northeast Corner of Lot 11, Block 6 of the Replat of Evergreen mark Second Filing as recorded in Larimer County records and considering the North line of Block 6 to Bear North 69`36127" West. with all bearings contained herein relative thereto; Said Point being the TRUE POINT OF BEGINNING; Thence along the North line of Block 6, North 69*36127" West, 132.50 Feet to the beginning of a curve concave to the Southeast having a central angle of 90'00100" and a radius of 15.00 Feet; Thence along the arc of said curve 23.56 feet; Thence along the East Right -of --way line of Su7arpine Street, South 20*23133" West, 105.00 Feet; '.Thence North 69 36127" West, 3.00 Feet; Thence North :20'23133" East, 118.00 Feet; Thence Northeasterly 23.56 Feet along the arc of a curve concave to the southeast having a central angle of 90`00100" and a radius of 15.00 feet to a point of compound cu.rvatature; Thence Southeasterly 25.39 feet along the arc of a curve concave to the southwest having a central angle of 06'44107" and a radius of 216.00 feet; Thence along the arc of said curve 25.39 feet; Thence South 62`52120" East; 85.42 Feet to the beginning of a curve concave to the northeast having a central angle of 06°44107" and a radius of 216.00 feet; Thence along the arc of said curve 25.39 Feet To the TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 1436 Square Feet MORE OR LESS. EXHIBIT "A" y� PARCEL "A" t A parcel of land located in the Replat of Evergeen Park Second Filing in Section 1, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, Larimer County, Colorado being more particularly described as follows: Commencing at the Northeast Corner of Lot 13, Block 6 of the Replat of Evergreen Park Second Filing as recorded in Larimer County records and considering the North line of Block 6 to Bear North 69'36127" West with all bearings contained herein relative thereto, - Said Point being the TRUE POINT OF BEGINNING; Thence along the North line of Block 6, North 69036127" West, 132.50 Feet to the beginning of a curve concave to the Southeast having a central angle of 90'00100" and a radius of 15.00 Feet; Thence along the arc of said curve 23.56 feet; Thence along the East Right-of-way line of Sugarpine Street, South 20'23133" West, 105.00 Feet; Thence North 69'36127" West, 3.00 Feet; Thence North 20'23133" East, 118.00 Feet; Thence Northeasterly 23.56 Feet along the arc of a curve concave to the southeast having a central angle of 90000100" and a radius of 15.00 feet to a point of compound curvatature; Thence Southeasterly 25.39 feet along the arc of a curve concave to the southwest having a central angle of 06'44'07" and a radius of 216.00 feet; Thence along the arc of said curve 25.39 feet; Thence South 62'52120" East; 85.42 Feet to the beginning of a curve concave to the northeast having a central angle of 06'44107" and a radius of 216.00 feet; Thence along the arc of said curve 25.39 Feet To the TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 1436 Square Feet MORE OR LESS. Page 1 of 3 5- /� PARCEL "B" A parcel of land located in the Replat of Evergreen Park Second Filing in Section 1, Township 7 North, Range 69 West of the 6th P.M., City of Fort Collins, Larimer County, Colorado being more particularly described as follows: Commencing at the Southeast Corner of Lot 22, Block 4, of the Replat of Evergreen Park Second Filing and considering the East line of said block to bear North 20`23133" East with all bearings contained herein relative thereto; said point being the TRUE POINT OF BEGINNING; Thence along the East line of said lot, North 20'23133" East 106.50 Feet; Thence Northwesterly 23.56 Feet along the arc of a curve concave to the Southwest having a radius of 15.00 feet and central angle of 90'00100"; Thence North 69'36127" West, 432.00 Feet; Thence Northwesterly 41.17 Feet along the arc of a curve concave to the Southwest having a radius 800.79 Feet, and a central angle of 2'56145" to a point of compound curvature; Thence Southwesterly 12.53 Feet along the arc of a curve concave to the South having a radius 15.00 Feet, and a central angle of 47'52124" to a point of reverse curvature; Thence 195.96 Feet along the arc of a curve concave to the Northeast having a radius of 50.00 Feet, and a central angle of 224'33100" to a point of compound curvature; Thence Southeasterly 96.43 Feet along the arc of a curve concave to the Southwest having a radius of 880.79 Feet, and a central angle of 6'16121"; Thence South 69'36127" East, 432.00 Feet; Thence Northeasterly 23.56 Feet along the arc of a curve concave to the Northwest having a radius 15.00 Feet, and a central angle of 90,00,00"; Thence North 20'23133" East, 60.00 Feet; Thence Northerly, Easterly and Southerly 157.08 Feet along the arc of a curve concave to the Southwest having a radius of 50.00 Feet, and a central angle of 180'00100"; Thence South 20'23133" West, 60.00 Feet; Thence Southeasterly 23.56 Feet along the arc of a curve concave to the Northeast having a radius of 15.00 Feet, and a central angle of 90'00'00"; Thence South 69'36127" East, 92.50 Feet; Thence Northwesterly 25.39 Feet along the arc of a non - tangent curve concave to the Southwest having a radius of 216.00 Feet, and a central angle of 6'44107" whose long chord bears North 72'58131" West:, 25.38 feet; Thence North 76020132" West, 85.42 Feet; Thence Northwesterly 25.39 Feet along the arc of a curve concave to the Northeast having a radius of 216.00 Feet, and a central angle of 6'44'07" to a point of compound curvature; Thence Northwesterly 23.56 Feet along the arc of a curve concave to the Northeast having a radius of 15.00 Feet, and a central angle of 90'00100"; Thence North 20*23133" East, 15.03 Feet; Thence Northeasterly 18.12 Feet along the arc of a curve concave to the Southeast having a radius of 15.00 Feet, and a central angle of 69'13100" to a point of reverse curvature; Thence Northerly, Westerly and Southerly 204.43 Feet along the arc of a curve concave to Southwest having a radius of 47.00 Feet, and a central angle of 249'.13100"; Thence South 20'23133" West, 73.00 Feet; Thence Southwesterly 23.56 Feet along the arc of a curve concave to Page 2 of 3 the Northwest having a radius of 15.00 Feet, and a central angle of 90 00'00"; Thence North 69'36'27" West, 435.00 Feet; Thence Northwesterly '7.53 Feet along the arc of a curve concave to the Northeast, having a radius of 216.00 Feet, and a central angle of 1'59150"; Thence North 67'36'37" West, 80.39 Feet; Thence Westerly, Southerly and Easterly 193.18 Feet along the arc of a curve concave to the Northeast having a radius of 45.00 Feet, and a central angle of 245'58113" to a point of reverse curvature; Thence Northeasterly 15.60 Feet along the arc of a curve concave to the Southeast having a radius of 15.00 Feet, and a central angle of 59'34'18" to a point of compound curvature; Thence Southeasterly 38.38 Feet along the arc of a curve concave to the Southwest having a radius of 813.79 Feet, and a central angle of 2'42'08"; Thence South 69'36127" East, 435.00 Feet; Thence Southeasterly 23.56 Feet along the arc of a curve concave to the Southwest having a radius of 15.00 Feet, and a central angle of 90'00'00"; Thence South 20'23133" West, 119.50 Feet; Thence North 69'36127" West, 3.00 Feet; To the TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS 18,156 Square Feet MORE OF LESS. Page 3 of 3