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HomeMy WebLinkAboutFOOTHILLS FASHION MALL EXPANSION - Filed RV-ROW VACATION - 2004-03-30ORDINANCE NO. 88, 1988 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ORDINANCE NO. 115, 1987, AND ORDINANCE NO. 116, 1987, VACATING CERTAIN STREETS WHEREAS, on May 17, 1988, the Council of the City of Fort Collins adopted Ordinance No. 115, 1987, vacating East Monroe Drive between JFK Parkway and Stanford Road, and Ordinance No. 116, 1987, vacating Foothills Parkway between Mathews Street and Stanford Road (the "Ordinances"); and WHEREAS, the Ordinances specifically established an effective date of the vacations referred to therein of June 9, 1988; and WHEREAS, the development most immediately affected by said vacations is the Foothills Fashion Mall Expansion, also known as the Foothills Fashion Mall R.U.D. Phase I and Phase II, Amended, and Foothills East P.U.D. Phase I (hereinafter referred to as the "Development"); and WHEREAS, the owners and proprietors of the Development have not yet fully executed the plat of the Development; and WHEREAS, the plat of the Development contains language of dedication to the public of a certain blanket easement for access, utilities and drainage; and WHEREAS, in the interest of the protection of the public health, property, safety and welfare, the City should reserve utility easements in East Monroe Drive and Foothills Parkway until the full execution and proper recording of the plat of the Development has occurred; and WHEREAS, the reservation of said easements can only be timely accomplished by adoption of this ordinance as an emergency ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 1 of Ordinance No. 115, 1987, be amended by the addition of the following phrase after the word "abolished": provided, however, that the City hereby reserves and retains unto itself an easement for all utilities presently situate in East Monroe Drive as above described until such time as the plat of the Development is fully executed and duly recorded with the Larimer County Clerk and Recorder. Section 2. That Section 1 of Ordinance No. 116, 1987, be amended by the addition of the following phrase after the word "abolished": provided, however, that the City hereby reserves and retains unto itself an easement for all utilities presently situate in Foothills Parkway as above described until such time as the plat of the Development is fully executed and duly recorded with the Larimer County Clerk and Recorder. Section 3. That the immediate adoption of this Ordinance is necessary to preserve, protect and advance the general welfare of the residents of the City of Fort Collins and to preserve utility easements in East Monroe Drive and Foothills Parkway; accordingly, the Council hereby determines that an emergency exists requiring the immediate passage of this Ordinance; and this Ordinance is, therefore, enacted pursuant to Article II, Section 6 of the Charter of the City of Fort Collins as an emergency ordinance and shall be effective upon its passage. Introduced, considered favorably by 6 members of the Council of the City of Fort Collins and finally passed as an emergency ordinance and ordered published this 7th day of June, A.D. 1988. Mayes TEST- :LL)hXN 2 City Clerk ORDINANCE NO. 88, 1988 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ORDINANCE NO. 115, 1987, AND ORDINANCE NO. 116, 1987, VACATING z CERTAIN STREETS tt — N= WHEREAS, on May 17, 1988, the Council of the City of Fort Collins 0 - adopted Ordinance No. 115, 1987, vacating East Monroe Drive between JFK m 44- Parkway and Stanford Road, and Ordinance No. 116, 1987, vacating Foothills o Parkway between Mathews Street and Stanford Road (the "Ordinances"); and 0 WHEREAS, 'the Ordinances specifically established an effective date of 0 the vacations referred to therein of June 9, 1988; and WHEREAS, the development most immediately affected by said vacations m is the Foothills Fashion Mall Expansion, also known as the Foothills Fashion Mall IP.U.D. Phase I and Phase II, Amended, and Foothills Last W A o P.U.D. Phase I (hereinafter referred to as the "Development"); and tt m m p M o WHEREAS, the owners and proprietors of the Development have not yet A N G n < fully executed the plat of the Development; and a .. o r w n w c m m Z WHEREAS, the plat of the Development contains language of dedication A � � o x to the public of a certain blanket easement for access, utilities and drainage; and WHEREAS, in the interest of the protection of the public health, property, safety and welfare, the City should reserve utility easements in East Monroe Drive and Foothills Parkway until the full execution and proper recording of the plat of the Development has occurred; and WHEREAS, the reservation of said easements can only be timely accomplished by adoption of this ordinance as an emergency ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 1 of Ordinance No. 115, 1987, be amended by the addition of the following phrase after the word "abolished": ; provided, however, that the City hereby reserves and retains unto itself an easement for all utilities presently situate in East Monroe Drive as above described until such time as the plat of the Development is fully executed and duly recorded with the Larimer County Clerk and Recorder. J CITY CLERK ;TV OF FORT COLMS Section 2. That Section 1 of Ordinance No. 116, 1987, be amended by the addition of' the following phrase after the word "abolished": provided, however, that the City hereby reserves and retains unto itself an easement for all utilities presently situate in Foothills Parkway as above described until such time as the plat of the Development is fully executed and duly recorded with the Larimer County Clerk and Recorder. Section 3. That the immediate adoption of this Ordinance is necessary to preserve, protect and advance the general welfare of the residents of the City of Fort Collins and to preserve utility easements in East Monroe Drive and Foothills Parkway; accordingly, the Council hereby determines that an emergency exists requiring the immediate passage of this Ordinance; and this Ordinance is, therefore, enacted pursuant to Article II, Section 6 of the Charter of the City of Fort Collins as an emergency ordinance and shall be effective upon its passage. Introduced, considered City of Fort Collins and ordered published this 7th TEST: City Clerk favorably by 6 members of the Council of the finally passed as an emergency ordinance and day of June, A.D. 1988. fl�61 -- May