HomeMy WebLinkAboutFIVE OAKS VILLAGE AT CUNNINGHAM CORNER PUD - Filed EV-EASEMENT VACATION - 2003-10-27COLLINS
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RESOLUTION NO. PZ95-19
OF THE PLANNING AND ZONING BOARD
OF THE CITY OF FORT COLLINS
VACATING A PORTION OF A UTILITY EASEMENT
LOCATED ADJACENT TO BUILDING Q IN THE
FIVE, OAKS VILLAGE AT CUNNINGHAM CORNER P.U.D.
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
WHEREAS, the Owner of Building Q in the Five Oaks Village at Cunningham Corner
P.U.D. has requested the vacation of a portion of the 20 foot wide utility easement being a
portion of Tract B of the Amended Plat of Tracts B and C of Five Oaks Village at Cunningham
Corner P.U.D. more particularly described in Exhibit "A", attached hereto and incorporated
herewith by this reference; and
WI IEREAS, Building Q encroaches into the portion of the 20 foot wide utility easement
proposed for vacation; and
WHEREAS, the City Water and Wastewater Utility has agreed that work on the existing
sanitary sewer main in said easement can be done even with the encroachment of Building Q
and has approved the request to vacate the portion of the easement beneath Building Q as
described in Exhibit "A"; and
WHEREAS, the City shall not be held liable for any damage to Building Q caused by
work on the sanitary sewer main adjacent to Building Q; and
WHEREAS, all public and private utility agencies have been notified of the vacation
request and report no objections.
NOW, THEREFORE, be it resolved by the Planning and Zoning Board of the City of
Fort Collins that the portion of the utility easement more particularly described in Exhibit "A",
attached hereto and incorporated herewith by this reference, be and is hereby vacated.
Passed and adopted at a regular meeting of the Planning and Zoning Board of the City of
Fort Collins held this 21 st day of August, A.D. 1995.
Chairma
ATTEST:
Secretary
EX Hi F22rT
EASEMENT VACATION
Legal Description of a portion of a utility easement to be vacated, being a portion of Tract B of
the Amended Plat of Tracts B and C of Five Oaks Village at Cunningham Corner, a Planned Unit
Development, City of Ft. Collins, County of Larimer, State of Colorado according to the plat on
file in the office of the Clerk and Recorder, said County;
Beginning at the Northwest Corner of said Tract B and considering the North line of said Tract
B as bearing North 89°46'40" East and with all bearings contained herein relative thereto; thence
along the West line of said Tract B South 00°13'20" East 249.92 feet to a point on the Southerly
line of an existing utility easement; thence departing said Westerly line and along the Southerly
line of said utility easement North 69°36' 17" East 42.02 feet to the TRUE POINT OF
BEGINNING; thence continuing along said Southerly line North 69036'17" East 11.66 feet;
thence departing said Southerly line North 47040'20" West 1.34 feet; thence South 87°19'40"
West 5.66 feet; thence South 42°19'40" West 6.36 feet to the TRUE POINT OF BEGINNING.
AND ALSO,
Beginning at the Northwest Corner of said Tract B and considering the North line of said Tract
B as bearing North 89046'40" East and with all bearings contained herein relative thereto; thence
along the West line of said Tract B South 00013'20" East 249.92 feet to a point on the Southerly
line of an existing utility easement; thence departing said Westerly line and along the Southerly
line of said utility easement North 69036' 17" East 59.48 feet to the TRUE POINT OF
BEGINNING; thence continuing along said Southerly line North 69°36' 17" East 0.95 feet; thence
departing said Southerly line North 47°40'20" West 0.43 feet; thence South 42°19'40" West 0.84
feet to the TRUE POINT OF BEGINNING.
EXHIBIT
12.82'
BLDG. Q
962 RICHMOND DRIVE
PORTION OF EASEMENT
TO BE VACATED
N00'13'20"W
249.92
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BUILDING FOUNDATION
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I, ROBERT J. NELSON, A DULY REGISTERED LAND SURVEYOR
IN THE STATE OF COLORADO HEREBY CERTIFY THAT THE
CENTERLINE OF THE EXISTING SANITARY SEWER LIES 8' FROM
THE CORNER OF THE EXISTING FOUNDATION AS SHOWN
HEREON AND VERIFIED IN THE FIELD.v
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— — — — ELEC.
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8.5' UTILITY EASEMENT SEWER M.H. S
ACCESS, UTILITY, DRAINAGE
& PARKING EASEMENT
TITLE: EASEMENT VACATION / FIVE OAKS VILLAGE
11
ENGINEERS/ARCHITECTS/PLANNERS/SURVEYORS
3521 West Eisenhower Blvd., Loveland, Colorado 80537
(303) 667-6286 Denver (303) 629-7124 Fes (303) 667-6298
CLIENT: DESYN DEVELOPMENT
SCALE: 1"=10' DATe 7/31/95
J.NO.DESY 5C9D01A