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HomeMy WebLinkAboutLANDINGS PUD FOURTH - Filed EV-EASEMENT VACATION - 2003-12-10RESOLUTION NO. PZ91-9 OF THE PLANNING AND ZONING BOARD OF THE CITY OF FORT COLLINS VACATING AN EMERGENCY ACCESS EASEMENT ON LOTS 18 AND 19 OF CREEKSIDE AT THE LANDINGS P.U.D. :BEING A REPLAT OF A PORTION OF MOUNTAIN RANGE SUBDIVISION AND THE LANDINGS P.U.D. FILING 4 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 Developer of Creekside at the Landings P.U.D., City of Fort Collins, Larimer County, Colorado has requested vacation of a 16 foot wide emergency access easement centered on the common lot line of Lots 18 and 19 of said P.U.D.; and WHEREAS, the vacation request has been reviewed and approved by the pertinent utilities and the Poudre Fire Authority; and WHEREAS, upon dedication to the City of the cul-de-sac in the Harmony Cove Townhomes as more particularly described on Exhibit "A" attached hereto and incorporated herewith, the connection between Creekside at the Landings P.U.D. and the Harmony Cove Townhomes will no longer be necessary and, accordingly, the emergency access easement will no longer be needed. NOW, THEREFORE, be it resolved by the Planning and Zoning Board of the City of Fort Collins that, subject to the conditions hereafter provided, the 16 foot wide emergency access easement connecting Creekside at the Landings P.U.D. with the Harmony Cove Townhomes, more particularly described on Exhibit "B", attached hereto and incorporated herewith, be and is hereby vacated; and BE IT FURTHER RESOLVED, that the aforesaid vacation shall not become effective until such time as the Developer of Creekside at the Landings P.U.D. has dedicated to the City, free and clear of all liens and encumbrances, that certain cul-de-sac located in the Harmony Cove Townhomes as more particularly described on Exhibit "A" and an agreement guaranteeing the construction of the cul-de- sac by the Developer has been executed by the City and the Developer. Passed and adopted at a Zoning Board of the City of June, A.D. 1991. regular meeting of the Planning and Fort Collins held this 24th day of Chairman 82281 r'uE+ny concave to the West having a central angle of 95002137", a radius of 9.00 feet, the chord of said curve bears South 10029'38" East; thence South 52058119" East 6.00 feet to the True Point of Beginning. The above described tract contains 0.0798 acres more or less and is subject to all easements and rights -of -way now existing or of record. 0 l r cn 44 lit ti _ } a ��� • r�. J ` y■ ' -o ~ D qmz Z O O D l7 ` l � t ^^` M 1 \ Cz CD z c: a w el individual lots have been installed from main utility lines to the property line. h. The Developer agrees to provide and install at his expense adequate barricades, warning signs, or other devices on the dead ends of streets to be continued, unfinished crossings, and other sites designated by the City Engi- neer as areas requiring such measures to insure the public safety. 7. Other Requirements. a. In the event that adjacent subdivisions are not constructed prior to this subdivision, the developer shall provide a minimum of two (2( points of improved access. b. Boardwalk Drive shall be completed to the property line when the 5' x 20' culvert is completed as called for by Paragraph 5 (e) above. 8. Miscellaneous. a. 'This agreement shall be binding upon the parties hereto, their heirs, personal representatives and assigns. b. Nothing herein contained shall be construed as a waiver of any requirements in the City Subdivision Ordinance as it exists as of the date of this agreement or any other provision of the City Code and the Developer agrees to comply with all require- ments of the same. APPR 7 Direct df Public Works City Attorn y��' THE CITY OF FORT COLLINS, COLORADO -6 B'1282 P 0 0 6 4 577295 0JUL 24 PM 2:01 COUNTY OF LARIMER STATE OF.COLORADO ORDINANCE NO. 77 , 1984 , OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF BREAKWATER DRIVE AND THREE UTILITY EASEMENTS IN THE FIRST REPLAT OF ` THE LANDINGS P.U.D., FILING 4 WHEREAS, the Council of the City of Fort Collins has been petitioned to vacate a portion of Breakwater Drive and three utility easements in the First Replat of the Landings, P.U.D., Filing 4, set forth in more partic- ular on Exhibits "A", "B", "C" and "D" attached hereto and incorporated by this reference; and WHEREAS, the 3rd Replat of the Landings, P.U.D., Filing 4 created a single lot out of twelve single family lots, several tracts and the entire right-of-way of a looped street; and WHEREAS, said vacations are for the right-of-way and easements which would have provided utility service to individual lots; and WHEREAS, the Planning and Zoning Board approved the 3rd Replat of the Landings P.U.D., Filing 4 on December 19, 1983; and WHEREAS, all utilities have been contacted and indicate no problem with the requested vacations; and WHEREAS, the rights of the residents of the City of Fort Collins will in no way be prejudiced or injured by said vacation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that that portion of Breakwater Drive and three utility easements in the First Replat of the Landings P.U.D., Filing 4, set forth in more particular on Exhibits A, B, C, and D attached hereto and incorporated by this reference, be, and the same hereby are, vacated, abated and a- bolished. Introduced, considered favorably on first reading, and ordered pub- lished this 3rd day of Uul , A.D. 1984, and to be presented for final passage on tFe 17th day of lulu _, A./D}. 1984. Pla,l+br ATTEST: 1984. Ctty Cler Passed and adopted on final reading this 17t1 day of July A.D. Mayor ATTEST: tty er B2282 P0065 EXHIBIT "A" PROPERTY DESCRIPTION OF A PORTION OF BREAKWATER DRIVE, BEING IN THE PLAT OF "THE SECOND REPLAT OF THE LANDINGS P.U.D. FILING 4", TO BE VACATED. A tract of land located in the Southwest quarter of Section 36, township 7 North, Range 69 West, of the 6th P.M. of Larimer County, Colorado, being more particularly described as follows: Considering the South line of the Southeast quarter of said Section 36 as bearing South 89056.28" East and with all bearings contained herein relative thereto: Commencing at the South quarter corner of said Section 36: thence, North 20018125" West 2129.06 .feet to the Southeasterly corner of Lot 1, "The Second Replat of the Landings P.U.D. Filing 4" as recorded with the Clerk and Recorder of said County; thence along the easterly line said Lot 1, North 44059,04" East 33.56 feet; thence continu.ing along said easterly line 65.27 feet along the arc of a curve concave to the Northwest having a central angle of 07057123", a radius of 470.00 feet, the chord of said curve bears North 41000'23" East to the right-of-way of Breakwater Drive, as shown on the said Plat of "The Second Replat of the Landings P.U.D. Filing 4", and the True Point of Beginning of this description; ,thence along said right-of-way and its prolongations, the following sixteen (16) courses and distances;(1) 24.88 feet along the arc of a curve concave to the Southwest having a central angle of 95002137", a radius of 15.00 feet, the chord of said curve bears North 10029138" West; (2) North 58000156" West 3.24 feet; (3) 149,.23 feet along the arc of a curve concave to the Northeast having a central angle of 90000'OOa a radius of 95.00 feet, the chord of said curve bears North 13 00 54 West; (4) North 31059'04" East 178.96 feet; (5) 187.36 feet along the arc of a curve concave to the South having a central angle of 113000'00", a radius of 95.00 feet, the chord of said curve bears North 88029104" East; (6) South 35000156" East 12.39 feet; (7) 22.35 feet along the arc of a curve concave to the Northeast having a central angle of 85021154", a radius of 15.00 feet, the chord of said curve bears South 77041153" East, (8) 77.66 feet along the arc of a curve concave to the Southeast having a central angle of 09016112", a radius of 480.00 feet, the chord of said curve bears South 54059104" West; (9) 22.35 feet along the arc of a curve concave to the West having a central angle of 85021154", a radius of 15.00 feet., the chord of said curve bears North 07040'01" East; (10) North 3`5000'56" West 12.39 feet; (11) 88.75 feet along the arc of a curve concave to the South having a central angle of 113000,00", a radius of 45.00 feet, the chord of said curve bears South 88°29104" West; (12) South 31059104" West 178.96 feet; (13) 70.69 feet along the arc of a curve concave to the Northeast having a central angle of 90°00100", a radius of 45.00 feet, the chord of said curve bears South 13000156" East; (14) South 58000'56" East 3.24 feet; (15) 24.88 feet along the arc of a curve concave to the North having a central angle of 95002137", a radius of 15.00 feet, the chord of said curve bears North g2282 P0066 74027145" East; (16) 82.75 feet along the arc of a curve concave to the Southeast having a central angle of 10005'14", a radius of 470.00 feet, the chord of said curve bears South 31059'04" West to the True Point of Beginning. The above described tract contains 0.5471 acres more or less and is subject to a7.1 easements and rights -of -way now existing or of record. B2282 Pn067 EXHIBIT "B" PROPERTY DESCRIPTION OF A 6.00 FOOT WIDE UTILITY EASEMENT, BEING IN THE PLAT OF "THE 1ST REPLAT OF THE LANDINGS P.U.D., FILING 4" TO BE VACATED. A tract of land located in the Southwest quarter of Section 36, Township 7 North, Range 69 West, of the 6th P.M. of Larimer County, Colorado, being more particularly described as follows: Considering the South line of the Southeast quarter of said Section 36 as bearing South 89056128" East and with all bearings contained herein relative thereto: Commencing at the South quarter corner of said Section 36: thence, North 08015143" West 2428.34 feet to the southeasterly corner of Lot 12 "The 1st Replat of the Landings P.U.D. Filing 4" as recorded with the Clerk and Recorded of said County; thence along the northeasterly line of said Lot 12, North 44021'36" West 6.59 feet to the True Point of Beginning of this description; thence continuing along said northeasterly line and along the northeasterly line of Lot 11, of the "The 1st Replat of the Landings P.U.D. Filing 4", North 44021136" West 149.60 feet; thence South 45038124" West 6.00 feet; thence South 44021'36" East 146.95 feet; thence 6.56 feet along the arc of a curve concave to the Southeast having a central angle of 00046'25", a radius of 486.00 feet, the chord of said curve bears North 69030128" East to the True Point of Beginning. The above described tract contains 0.0204 acres more or less and is subject to all easements and rights -of -way now existing or of record. B2282 P0068 EXHIBIT "C" PROPERTY DESCRIPTION OF A 6.00 FOOT WIDE UTILITY EASEMENT, BEING IN THE PLATS FIRST REPLAT OF THE LANDINGS SECOND REPLAT OFTHE LANDINGS P.UDFILING U4" TOBE AND"THE4" VACATED. A tract of land located in the Southwest quarter of Section 36, Township 7 North, Range 69 West, of the 6th P.M. of Latimer County, Colorado, being more particularly described as follows: Considering the South line of the Southeast quarter of said Section 36 as bearing South 89056128" East and with all bearings contained herein relative thereto: Commencing at the South quarter corner of said Section 36:thence, North 20018125" West 2129.06 feet to the southeasterly Lot 1 "The Second Replat of the Landings P.U.D. Filing 4" as recorded with the Clerk and Recorded of said County; thence along the southeasterly line of said Lot 1, North 44049104" East 33.56 feet; thence continuing along said southeasterly line 65.27 feet along the arc of a curve concave to the Northwest having a central angle of 07057123", a radius of 470.00 feet, the chord of said curve bears North 41000123" East to the True Point of Beginning of this description; thence along the westerly right-of- way of Breakwater Drive as shown on the said Plat of "The Second Re -plat of the Landings P.U.D. Filing 4" the following seven (7) courses and distances; (1) 24.88 feet along the arc of a curve concave to the West having a central angle of 95°02'37", a radius of 15.00 feet, the chord of said curve bears North 10029'38" West; (2) thence North 58000'56" West 3.24 feet; (3) thence 149.23 feet along the arc of a curve concave to the Northeast having a central angle of 90000'00, a radius of 95.00 feet, the chord of said " curve bears North 13000'54" West; (4) North 31059'04" East 178.96 feet; (5) 187.36 feet along the arc of a curve concave to the South having a central angle of 113000'00", a radius of 95.00 feet, the chord of said curve bears North 88029'04" East; (6) South 35000156" East 12.39 feet; (7) 22.35 feet along the arc of a curve concave to the North having a central angle of 85021154", a radius of 15.00 feet, the chord of said curve bears South 77041'53" East; thence North 30022150" West 6.00 feet to a line which is 6.00 feet (measured radially and at right angles) westerly of and parallel to the said westerly right-of-way of Breakwater Drive; thence along said parallel line the following seven (7) courses and, distances; (1) 13.41 feet along the arc of a curve concave to the North having a central angle of 85021154", a radius of 9.00 feet, the chord of said curve bears North 77041153" West; of) aNrth ocurve3 conc0ave"t West thelSouthfeet; having3along the arc a central angle o be 113000,00", a radius of 108ou0the316 04"fet thec� est 178 96dfeet;curve (5)ars South 88°29'04" West; (4) 158.65 feet. along the arc of a curve concave to the Northeast having a central angle of 90°00'OOo a radius of 101.00 feet, the chord of said curve bears South 13 00 54 East; (6) South 58000156" East 3.24 feet; (7) 14.93 feet along the arc of a curve