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Home My WebLink AboutWOODWEST SEVENTH - Filed RV-ROW VACATION - 2004-04-06RCP,rN # 86014104 0 20/86 15:05:35 # OF PF 'S - 3 FEE - $9.00 J. ULVANG, RECORDER - LARIMER COUNTY, CO. DOC. ,:ZE- $•00 This Ordinance is being re -recorded to correct a typographical error in the legal description. ORDINANCE NO. 27, 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING THE RIGHT-OF-WAY OF WINDMILL DRIVE IN WOODWEST SEVENTH FILING WHEREAS, the Council of the City of Fort Collins has been petitioned to vacate the right-of-way of Windmill Drive located in Woodwest Seventh Filing, set forth in more particular below; and WHEREAS, on July 2, 1985 the Council approved a development plan which provided for the vacation of the above mentioned portion of Windmill Drive, so long as the applicant for vacation agreed to fulfill certain requirements pertaining to said vacation; and WHEREAS, meetings between City staff and the applicant have affirmed that the applicant has agreed in writing to fulfill the conditions imposed by Council; and WHEREAS, all concerned utility companies have been contacted and have no objection to the vacation of Windmill Drive as a public street so long as easements therein are retained for utility purposes; and WHEREAS, the rights of the residents of the City will in no way be prejudiced or injured by said vacation and the City will retain a right therein for pedestrian access and other associated uses. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the right-of-way of Windmill Drive in Woodwest Seventh Filing, set out more particularly as follows, to wit: The right-of-way for Windmill Drive as platted in Woodwest Seventh Filing, according to the recorded plat thereof, City of Fort Collins, Larimer County, Colorado being described as follows: All of said Windmill Drive lying Easterly of Lot 21, Block 17 , lying Westerly of Lot 1, Block 20 and lying Southerly of the prolongation of the Northerly lines of said Lot 2:7, Block 17 and Lot 1, Block 20 of said Woodwest Seventh Filing. The above described tract contains 8,800 square feet, more or less. be, and the same hereby is, vacated, abated, and abolished by public street purposes except as provided hereinafter. Section 2. That the following described portions of Windmill Drive be, and they hereby are, accepted and retained as perpetual easements, dedicated to the public use for utility and utility related purposes: Utility Easement #1 A portion of Windmill Drive as platted in Woodwest Seventh Filing according to the recorded plat thereof, City of Fort \� Collins, Larimer County, Colorado, being described as follows: Commencing at the Southeast corner of Lot 27, Block 17 of said Woodwest Seventh FiIiny, said corner being the POINT OF BEGINNING of this description, and considering the Easterly line of said Lot 27, Block 17 to bear North 00°13'40" West, with all bearings contained herein, relative thereto; thence Northerly along said Easterly line North 00°13'40" East, 8.00 feet; thence departing said Easterly line along a line being 8 feet Northerly of and parallel with the Southerly line of said Woodwest Seventh Filing North 89'46'20" East, 15.00 feet; thence along a line being 15 feet Easterly of and parallel with the Easterly line of said Lot 27, Block 17 North 00°13'40" West, 137.00 feet to the prolongation of the Northerly lines of Lot 27, Block 17 and of Lot 1, Block ?0 of said Woodwest Seventh Filing; thence along said prolongation North 89°46'20" East, 20.00 feet; thence departing said prolongation along a line being 25 feet Westerly of and parallel with the Westerly line of said Lot 1, Block 20 South 00°13'40" East, 137.00 feet; thence along a line being 8 feet Northerly of and parallel with the Southerly line of said Woodwest Seventh Filing, North 89°46'20" East, 25.00 feet to the Westerly line of said Lot 1, Block 20; thence Southerly along said Westerly line South 00°13'40" East, 8.0 feet to the Southwest corner of said Lot 1, Block 20; thence Westerly along the Southerly line of said Woodwest Seventh Filing, South 89°46'20" West, 60.00 feet to the point of beginning of this description. The above described utility easement contains 3,220 square teet, more or less. Utilitv Easement A 6 foot wide utility easement described as the North 6 feet of the right-of-way of Windmill Drive as platted in Woodwest Seventh Filing, according to the recorded plat thereof, City of Fort Collins, Larimer County, Colorado said right-of-way being described as follows: All of said Windmill Drive lying Easterly of Lot 27, Block 17, lying Westerly of Lot 1, Block 20 and lying Southerly of the prolongation of the Northerly lines of said Lot 27, Block 17 and Lot 1, Block 20 of said Woodwest Seventh Filing. The above described utility easement contains 440 square feet, more or less. Section 3. That the following described portion of Windmill Drive be, and it hereby iis, accepted, retained and dedicated to the public use for public access including, but without limitation, pedestrian ways, bicycle paths, and other associated uses as follows: Public Access Easement A portion of Windmill Drive as platted in Woodwest Seventh Filing according to the recorded plat thereof, City of Fort Collins, Larimer County, Colorado, being described as follows: Commencing at the Southeast corner of Lot 27, Block 17 of said Woodwest Seventh Filing and considering the Easterly Line of said Lot 27, Block 17 to bear North 00°13'40" West, with all bearings contained herein relative thereto; thence Easterly along the Southerly line of said Woodwest Seventh Filing North 89°46'20" East, 43.00 feet to the POINT OF BEGINNING of this description; thence departing said Southerly line along a line being 17 feet Westerly of and parallel with the Westerly line of Lot 1, Block 20 of said Woodwest Seventh Filing North 00°13'40" West, 145.00 feet to the prolongation of the Northerly lines of Lot 27, Block 17 and of Lot 1, Block 20 of said Woodwest Seventh Filing; thence Easterly along said prolongation North 89°46'20" East, 32.00 feet to the Westerly line of said Lot 1, Block 20; thence along a curve to the left having a delta of 90"00'00", a radius of 15.00 feet, an arc of 23.56 feet and a long chord which bears South 44°46'20" West, 21.21 feet; thence South 00013'40" East, 130.00 feet to the Southwest corner of said Lot 1, Block 20; thence Westerly along the Southerly line of said Woodwest Seventh Filing South 89046'20" West. 17.00 feet to the point of beginning of this description. The above described public access easement contains 2,510 square feet, more or less. Section 4. That the City shall bear no further cost, nor have any further obligation to maintain the portions of Windmill Drive which are herein vacated. However, the City has, as a condition for approval of the development immediately south of the street being vacated by this ordinance, required the developer to remove all existing improvements and structures within the said vacated right-of-way and construct the curb, gutter and sidewalk along Gunnison Drive in conformance with plans on file in the City Engineer's Office to construct the public access improvements from Gunnison Drive south to the property line and install all landscaping required and approved by the City. Introduced, considered favorably on first reading, and ordered published this 4th day of March, A.D. 1986, and to be presented for final passage on the 18th day of March, A.D. 1986. Mayor ATTEST: City Clerk Passed and adopted on final reading this 1 of March, A.D. 1986. Mayor ATTEST: Citrk