HomeMy WebLinkAboutSTADIUM HEIGHTS - Filed EV-EASEMENT VACATION - 2004-02-25F (; Fi 2 S
1.81978 df j/ °7
ORDINANCE NO. 77 , 1978
:BEING AN ORDINANCE VACATING AN EASEMENT
IN THE STADIUM HEIGHTS SUBDIVISION
WHEREAS, there was dedicated for public purposes to the City
of Fort Col:Lins a twelve (12) foot utility easement in the
vicinity of the south property line of lot 45 of the Stadium
Heights Subdivision; and
WHEREAS, such easement is not needed for municipal purposes
nor will the same be needed for municipal purposes in the future;
and
WHEREAS, the owners of the property across which the easement
is located have requested that the City of Fort Collins vacate
said easement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF FORT COLLINS that the following described easement, to -wit:
The South six (6) feet of Lot 45, excepting the
Western six (6) feet thereof and the North six (6)
feel: of Lot 46, excepting the West six (6) feet
thereof and the North six (6) feet of Lot 47, all
in Stadium Heights Subdivision, City of Fort Collins,
Colorado,
be, and the same hereby is, abated, vacated and abolished.
Introduced, considered favorably on first reading, and
ordered published this 1st day of August , A.D. 1978,
and to be presented for final passage on the 1,5ph day of
August A.D. 1978.
ATTEST: Mayor, ."
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l City Clerk
Passed and adopted on final readi this 15th day of August,
A.D. 1978.
,ATTEST.
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ITEM NO. 2
MEETING DATE. _8�92_
STAFF _Kerrie Ashbeck _
City of Fort Collins PLANNING AND ZONING BOARD
STAFF REPORT
SUBJECT: Resolution PZ92-8 - Vacation of a portion of a
utility easement on part of lots 16 and 29 of
Stadium Heights Subdivision. #77-71
APPLICANT: Kathleen O'Brian-Kenvin
P.O. Box 7
South Fork, CO 81154-0007
OWNER: Kathleen O'Brian-Kenvin
P.O. Box 7
South Fork, CO 81154-0007
PROJECT DESCRIPTION:
Request to vacate a portion of a utility easement on part of lots
16 and 29 of the Stadium Heights Subdivision located east of
Overland Trail and south of Prospect Road.
RECOMMENDATION: Staff recommends approval of Resolution PZ92-8
EXECUTIVE SUMMARY:
The Owner of lot 29 and a portion of lot 16 of Stadium Heights
Subdivision has requested vacation of a portion of a utility
easement between the two lots and underlying an existing duplex as
shown on Exhibit "A". In 1978, a building permit was issued to
construct the duplex across the lot lines and encroaching into the
easement. To eliminate the encroachment, the Owner wishes to
vacate the portion of the easement beneath the building. The Owner
has dedicated a new drainage easement to carry drainage from the
adjacent lots to the street.
All City and private utilities have been notified of the proposed
vacations and they have no objections.
I.VMMUNII'Y PLANNING AND ENVIRONMENTAL SERVICES 2S1 N. College Ave. P.O. B,,, W Port Collins, CO HU�22-O5R0 (31Ti1 2'_I-o7,�•,
PLANNING DEPAR"FMENI -
%W '"d
EXHIBIT "A"
LEGAL beSCRIPTION
Vacation of a part of a platted e4111«nt.
A Vacation of a part of the easement as platted
between Lots Jr, acd 29. of the Sladlnm Heights
3ubdivieiwn, a snbdivislon of record, and heing more
particularly dnacribed am follows:
Considering the propertl• line between i.ote 16 and 29.
as bearing N 30"59' 40' Z. , and with all beatings
contained herein relatlwm thereto,
Geginninq at a patnt, which is the Intereection of
the South mile of the ev stSng structure and the Eaet
ea5emrrt line of 4ot 29, ram platted, said point belnq
the point or heginning,
thence N 3P'S9' 10" C, along said East eaaement
fnt line to a pof in tereection with the South line
Of the 6 foot easement am platted;
thence along said eaaement line S 89'42' W., to
a point of lnterasction with the Weet ear semen iline
of Lot 16, as p.lattmd:
thence 5 38'S9' 40" W., to a point of inter-
section Wlt+ Icf—E' South Of said existing structure;
thence along the .South line of the existing
structure to On tree point of beginning,
'rhis Vacation includes any part of subject propeity
lying underneath the existing etructurm.
o dalupd
Colorado Registered Professionals
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Colorado Registration L.S. 10725
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