HomeMy WebLinkAboutARAPAHOE FARM TOWNHOMES PUD HILBURN DRIVE - Filed RV-ROW VACATION - 2008-05-22RCPTN # 95009363 02/17/95 12:38:00 # PAGES — 4 FEE — $20.00
M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE — $.00
ORDINANCE NO. 84, 1994
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A PORTION OF STREET RIGHT-OF-WAY
FOR HILBURN DRIVE AND RETAINING PORTIONS OF THE
SAME FOR PEDESTRIAN AND BICYCLE ACCESS EASEMENT,
DRAINAGE AND UTILITY EASEMENT PURPOSES
WHEREAS, the Planning and Zoning Board and the Council of the City of Fort
Collins have given final approval to the Arapahoe Farm Townhomes P.U.D.; and
WHEREAS, approval of said P.U.D. requires the removal of a portion of
Hilburn Drive and vacation of the right-of-way for that portion of said public
street more particularly described below; and
WHEREAS, it is no longer necessary or desirable to retain said right-of-way
for public street purposes, so long as a portion of said right-of-way be retained
for pedestrian and bicycle access and drainage and utility easement purposes; and
WHEREAS, pertinent City agencies and private utility companies have been
contacted and report no objection to the proposed vacation upon the condition
that a portion of said right-of-way be retained for pedestrian and bicycle access
and utility and drainage easement purposes; and
WHEREAS, the Developer of the Arapahoe Farm Townhomes P.U.D. and the
affected property owners adjacent to the portion of Hilburn Drive proposed for
vacation have mutually agreed what is necessary to restore the area of street
removal including grading, landscaping, installation of fencing, sidewalk
construction and other related improvements; and
WHEREAS, the vacation authorized by this Ordinance shall be effective upon
certification by the Director of Engineering that restoration has been completed
or financial arrangements have been made to so complete the work.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1. That the portion of street right-of-way for Hilburn Drive, more
particularly described as follows to wit:
A tract of land located in the Southeast Quarter of Section 34, Township 7 North,
Range 69 West of the 6th Principal Meridian, City of Fort Collins, Larimer
County, Colorado, being more particularly described as follows:
Considering the West line of the Southeast Quarter of said Section 34 as
bearing North 00°01'05!! West and with all bearings contained herein
relative thereto:
Commencing at the Southwest corner of said Southeast Quarter; thence along
said West: line, North 00°01'05'! West, 451.03 feet to the POINT OF
BEGINNING; thence continuing along said West line North 00°01'05'! West,
54.00 feet to the North line of Hilburn Drive; thence along said North
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line, North 89°58'55" East, 45.25 feet to a point on a curve concave to
the South having a central angle of 05°30 50 , a radius of 502.00 feet and
the chord of which bears South 87°15'40" East, 48.29 feet; thence along
said North line and the arc of said curve 48.31 feet to a point on a curve
concave to the Northwest having a central angle of 78°38 25 , a radius of
15.00 feet and the chord of which bears North 56°10'33" East, 19.01 feet;
thence along the arc of said curve 20.59 feet; thence, South 16"51'20"
West, 10.21 feet; thence, South 10°00'30" West, 68.12 feet to a non -
tangent curve concave to the Southwest having a central angle of
94°59'19", a radius of 11.00 feet and the chord of which bears North
37°29'09" West, 16.22 feet; thence along the arc of said curve 18.24 feet
to the South line of Hilburn Drive, said point being on a curve concave to
the South having a central angle of 05002'16", a radius of 448.00 feet and
the chord of which bears North 87°29'57" West, 39.38 feet; thence along
said South line and the arc of said curve 39.39 feet; thence continuing
along said South line, South 89°58'55" West, 45.25 feet to the Point of
Beginning, containing 5,535 square feet more or less,
be, and the same shall be, vacated, abated, and abolished, subject to the
following reservations of easements and the condition subsequent contained in
Section 2 below:
1) An easement for pedestrian and bicycle access purposes and for
drainage purposes described as follows, to wit:
An easement located in the Southeast Quarter of Section 34, Township 7
North, Range 69 West of the 6th Principal Meridian, City of Fort Collins,
Larimer County, Colorado, being more particularly described as follows:
Considering the West line of the Southeast Quarter of said Section 34 as
bearing North 00*01'05" West and with all bearings contained herein
relative thereto:
Commencing at the Southwest corner of said Southeast Quarter; thence along
said West. line, North 00°01'05" West, 473.03 feet to the POINT OF
BEGINNING; thence continuing along said West line North 00*01'05" West,
10.00 feet; thence, North 89°58'55" East, 45.25 feet to a point on a curve
concave to the South having a central angle of 06'48'06", a radius of
480.00 feet and the chord of which bears South 86°37'02" East, 56.95 feet;
thence along the arc of said curve 56.98 feet; thence, South 10°00'30"
West, 10.02 feet to a non -tangent curve concave to the South having a
central angle of 06°43'59", a radius of 470.00 feet and the chord of which
bears North 86°39'06" West, 55.20 feet; thence along the arc of said curve
55.23 feet; thence, South 89°58'55" West, 45.25 feet to the Point of
Beginning„ containing approximately 1014 square feet.
2) An easement for utility purposes described as follows, to wit:
An easement located in the Southeast Quarter of Section 34, Township 7
North, Range 69 West of the 6th Principal Meridian, City of Fort Collins,
Larimer County, Colorado, being more particularly described as follows:
Considering the West line of the Southeast Quarter of said Section 34 as
bearing North 00*01'05" West and with all bearings contained herein
relative thereto:
Commencing at the Southwest corner of said Southeast Quarter; thence along
said West line, North 00°01'05" West, 451.03 feet to the POINT OF
BEGINNING of said easement; thence continuing along said West line, North
00*01'05" 'West, 54.00 feet to the North line of the vacated Hilburn Drive;
thence along said North line, North 89°58'55" East, 6.00 feet; thence,
South 00*01 05 East, 54.00 feet to the South line of the vacated Hilburn
Drive; thence along said South line, South 89058'55" West, 6.00 feet to
the Point of Beginning, containing 324 square feet.
3) An easement for utility purposes described as follows, to wit;
An easement located in the Southeast Quarter of Section 34, Township 7
North, Range 69 West of the 6th Principal Meridian, City of Fort Collins,
Larimer County, Colorado, being more particularly described as follows:
Considering the West line of the Southeast Quarter of said Section 34 as
bearing North 00*01'05" West and with all bearings contained herein
relative thereto:
Commencing at the Southwest corner of said Southeast Quarter; thence along
said West line, North 00*01'05" West, 451.03 feet to the South line of the
vacated Hilburn Drive; thence along said South line, North 89°58'55" East,
45.25 feet to a curve concave to the South having a central angle of
05°02'16", a radius of 448.00 feet and the chord of which bears South
87°29'57" West 39.38 feet; thence along said South line and the arc of
said curve 39.39 feet to a curve concave to the Southwest having a central
angle of 20048'55", a radius of 11.00 feet and the chord of which bears
South 74°34'22" East, 3.97 feet; thence along said South line and the arc
of said curve 4.00 feet to the POINT OF BEGINNING of said easement;
thence, North 10000 30 East, 55.58 feet to a point on a curve concave to
the Northwest having a central angle of 60'55'16", a radius of 15.00 feet
and the chord of which bears North 47°18'58" East, 15.21 feet; thence
along the arc of said curve 15.95 feet; thence, South 16°51'20" West,
10.21 feet; thence, South 10°00 30 West, 68.12 feet to a curve concave to
the Southwest having a central angle of 74°10'24", a radius of 11.00 feet
and the chord of which bears North 27'04'42" West, 13.27 feet; thence
along the arc of said curve 14.24 feet to the Point of Beginning,
containing 493 square feet.
Section 2. That the vacation authorized by this ordinance shall become
effective upon either a) the completion of the removal of the street improvements
within the right-of-way and the restoration of said area, including grading,
landscaping, installation of fencing, sidewalk construction and other related
improvements as agreed upon between the developer of Arapahoe Farms Townhomes
P.U.D. and the adjacent lot owners on August 11, 1994 (as reflected in the
minutes of said meeting on file with the city), or b) receipt by the city of a
sum of money sufficient to, in the judgement of the Director of Engineering,
complete said work; and upon the written certification by the Director of
Engineering that said work has been completed or said payment has been made.
Introduced, considered favorably on First Reading and ordered published
this 17th day of May, A.D. 1994, and to be presente for final passa n the
18th day of October, A.D. 1994. / %
ATTEST:
Passed and adopted on final reading this 18th Octobe�. 1994.
ATTEST:
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