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HomeMy WebLinkAboutCAPITOL HILL ADDITION WEST STREET - Filed RV-ROW VACATION - 2007-05-07RCP`N # GSiiSiu 4 u8/21/v1% 1 :So:Ciii PAGEz 00 M a., C. N,P,i.r P,K rF .,A-!`.1EF .1-J JN11 ...,i ORDINANCE NO. 101, 1995 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING PORTIONS OF STREET RIGHT-OF-WAY FOR WEST STREET BETWEEN VINE DRIVE AND THE ARTHUR DITCH AND RETAINING A PORTION OF THE SAME FOR UTILITY EASEMENT PURPOSES WHEREAS, it has been brought to the City's attention that the existing house at 1037 West Vine Drive (the Property) encroaches into the public street right-of-way for West Street; and WHEREAS, the Owner of said Property has requested that the City vacate portions of the right-of-way for West Street, more particularly described below, to eliminate the encroachment; and WHEREAS, the originally platted seventy (70) foot wide street right-of-way is in excess of what is necessary for street and utility purposes; and WHEREAS, forty-eight (48) feet of right-of-way is adequate to accommodate the existing street and utilities and anticipated future street and utility work; and WHEREAS, the City intends to retain forty-eight (48) feet of right-of-way for public street and utility purposes which is consistent with the right-of-way width required for a residential street; and WHEREAS, a portion of the street right-of-way to be vacated will be retained for utility easement purposes, more particularly described below, to accommodate the existing water line in West Street; and WHEREAS, all public and private utility agencies, property owners adjacent to West Street between Vine Drive and Arthur Ditch, and the Poudre Fire Authority have been contacted and report no objection 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 right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the right-of-way for West Street more particularly described as follows, to wit: Those portions of West Street (platted as "Mack Street' on the Plat of Capitol Hill Addition) located in the Northwest Quarter of Section 11, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Latimer County, Colorado described as follows: The East 10.00 feet of the said West Street lying north of the northerly right-of-way of the Arthur Ditch; and the West 12.00 feet of the said West Street lying north of the northerly right-of-way of the Arthur Ditch be, and the same hereby are, vacated, abated, and abolished, RESERVING, HOWEVER, unto the City of Fort Collins that portion of the West 12.00 feet of West Street lying between the easterly prolongation of the south line of Lot 7 Block 326 and north of the northerly right-of-way of the Arthur Ditch as a Permanent Utility Easement. Introduced, considered favorably on first reading, and ordere ublished this 18th day of July, A.D. 1995, and to be presented for final passage on the 1 st day of August A.I) ;'0-95.' ayor ATTEST: Passed and adopted on final reading this ATTEST: 41._ 4s � - : _` ll. City Clerk 2