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HomeMy WebLinkAboutRAINTREE COMMERCIAL PUD - Filed EV-EASEMENT VACATION - 2004-01-30STEWART&ASSOCIATES Consulting Engineers and Surveyors August 15, 1994 Ms. Kerrie Ashbeck City of Fort Collins Planning Department P.O. Box 580 Fort Collins, Colorado 80522 Dear Kerrie: On behalf of the owners and developers of the proposed Schlotzsky's Deli, I am requesting you initiate the vacation of a part of the access, utility and drainage easement on Tract "B", Rai ntree Commercial P.U.D., Phase I, as described below: A part of Tract "B", Raintree Commercial P.U.D., Phase I, City of Fort Collins, County of Larimer, State of Colorado, which begins at a point on the North line of said Tract "B" which bears N 890 26' 57" W 26.00 feet from the Northeast corner of said Tract "B" and run thence N 89' 26' 57" W 65.00 feet along the said North line; thence S 44' 26' 57" E 33.94 feet; thence S 890 26' 57" E 17.00 feet; thence N 45' 33' 03" E 33.94 feet to the point of beginning. A part of the proposed building and outdoor eating area are in the existing easement. If you have any questions regarding this request, please call. Sincerely, 61-04� a - Richard A. Rutherford, P.E. & L.S. President jrr James H. Stewart and Associates, Inc. 103 S. Meldrum Street P.O. Box 429 Ft. Collins, CO 80522 303/482-9331 Fax 303/482-9382 I T+ I s i I n I ' TRAP C. E5 AL � GAS o I 65 METER DRIVE -UP POUTER / 'I WINDOW METER h S NLOTZSKY"S DEL I n ii c I EXIST. 4" SAN. SEWER STUB EXIST. 2" DOMESTIC WATER (REDUCE TO i" a METER)- / EXIST. 4" i' FIRE TAP -ABANDON 4 MAIN PER A CITY 5TD'S TYP. TYP. r 7- ©I T F -- EXIST. LIGHT POL&— p- FIRE 1. / =1Rv HYDRANT 20 LF.• 8" D.I.WP'I f S�!E�DS S-REE? ------------------- ITEM NO. MEETING DATE STAFF _Ker-rie A aCk City of Fort Collins PLANNING AND ZONING BOARD STAFF REPORT SUBJECT: APPLICANT: OWNER: Resolution PZ94-12 - Vacation of a Portion of an Access, Utility and Drainage easement on Tract B of the Raintree CommArninl P.U.D., Phase 1. #146-79N Stewart and Associates 103 S. Meldrum Fort Collins, CO 80521 Schlotzsky's Deli c/o Stewart and Associates 103 S. Meldrum Fort Collins, CO 80521 PROJECT DESCRIPTION: Request to vacate a portion of an access, utility and drainage easement on Tract B of the Raintree Commercial P.U.D., Phase 1, located at the northwest corner of Drake Road and Shields Street. RECOMMENDATION: Staff recommends approval of Resolution PZ94-12 EXECUTIVE SUMMARY: On behalf of the Owner, the applicant has requested the vacation of a portion of the access, utility and drainage easement on the south side of Tract B of the Raintree Commercial P.U.D., Phase 1. The Owner is proposing to build a part of the building and outdoor eating area in the existing easement. Therefore, the Owner is requesting vacation of the easement area beneath the building and outdoor eating area as shown on the attached sketch. The total area proposed for vacation is approximately 984 square feet and does not significantly impact drainage nor the use of the remainder of the utility easement area. COMMUNITY PLANNING AND ENVIRONMENTAL SERVICES 281 N. College Ave. P.O. Box 580 Fort CO 80522-05&) (303) 221-6750 PLANNING DEPARTMENT RESOLUTION NO. PZ94-12 OF THE PLANNING AND ZONING BOARD OF THE CITY OF FORT COLLINS VACATING A PORTION OF THE ACCESS, UTILITY AND DRAINAGE EASEMENT DEDICATED ON TRACT B OF THE RAINTREE COMMERCIAL P.U.D., PHASE 1 WHEREAS, Section 2-353 (4) of the Code of the City of Fort Collins authorizes the Planning and Zoning Board to vacate certain rights -of -way, by resolution or by approval of replats containing notation of such vacation; and WHEREAS, the Owner of Tract B of the Raintree Commercial P.U.D., Phase 1 has requested that the City vacate a portion of the utility and drainage easement dedicated on Tract B and more particularly described below; and WHEREAS, the vacation request has been reviewed and approved by the pertinent City and private utilities, and they report no objections. NOW, THEREFORE, be it resolved by the Planning and Zoning Board of the City Of Fort Collins, that a portion of the utility and drainage easement dedicated on Tract B of the Raintree Commercial P.U.D., Phase 1, more particularly described as follows to wit: A part of Tract B, Raintree Commercial P.U.D., Phase 1, City of Fort Collins, County of Larimer, State of Colorado, which begins at a point on the North line of Said Tract B which bears N 890 26' 57" W 26.00 feet from the Northeast comer of said Tract B and run thence N 890 26'57" W 65.00 feet along the said North line; thence S 440 26'57" E 33.94 feet; thence S 890 26' 57" E 17.00 feet; thence N 450 33' 03" E 33.94 feet to the point of beginning. 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 26th day of September, A.D. 1994. 4 , Z av'*� ATTEST: Chairman RCPTN # 85056229 11/0�; 14:49:05*00 J. ULVANG, RECORDER - LARIMER COUNTY, Co.# DOCPAGEE-- 2 FEE - $6.00 OF $.00 ORDINANCE N0. 114,1985 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF A BLANKET ACCESS, UTILITY AND DRAINAGE EASEMENT AT RAINTREE COMMERCIAL P.U.D. PHASE I WHEREAS, the Council of the City of Fort Collins has been petitioned to vacate a portion of a blanket access, utility and drainage easement at Raintree Commercial P.U.D. Phase I, set forth in more particular below; and and WHEREAS, this vacation would accommodate a revised building design; WHEREAS, all utilities have been contacted and indicate no problems with the vacation; 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 a blanket access, utility and drainage easement located at Raintree Commercial P.U.D. Phase I, set out more particularly as follows, to wit: Beginning at the Northwest corner of Outlot "B" Raintree Commercial P.U.D. Phase I, thence along the West and South lines the four (4) following bearings and distances, South 00033'03" West 123.27 feet; South 86026'57" East 25.00 feet; South 000 33'03" West 194.00 feet; South 89026'57" East 210.00 feet; thence South 00°33'03" West 9.66 feet; thence North 89026'57" West 211.69 feet; thence North 00°33'03" East 163.49 feet; thence North 89026'57" West 28.33 feet; thence North 00°33'03" East 90.93 feet; thence North 44°26'57" West 26.10 feet; thence North 00°33'03" East 28.72 feet; thence North 43°22'16" East 50.53 feet to the TRUE POINT OF BEGINNING. Said parcel contains 0.12 acres, more or less and is subject to all existing easements and rights of way of record. be, and the same hereby is, vacated, abated and abolished. Introduced, considered favorably on first reading, and ordered Published this 1st day of October, A.D. 1985 and to be presented for final passage on the 15th day of October, A.D.11985. .e�C�Z�� ATTEST: Mayor City Clerk l� 1985. Passed and adopted on final reading this 15th day of October, A.D. ATTEST: o—al� CityCity C��