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HomeMy WebLinkAboutOBSERVATORY HEIGHTS MUDDY ROAD - Filed RV-ROW VACATION - 2004-03-31RCPTN # 93038693 U6j11'13 09:08:00 # PAGES - 3 FEE - $15.UU M RODENBERGER RECORDER, RIMER COUNTY CO STATE D, FEE - $.UU ORDINANCE NO. 39, 1993 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF THE RIGHT-OF-WAY FOR MUDDY ROAD AS DEDICATED ON THE ORIGINAL PLAT OF THE OBSERVATORY HEIGHTS SUBDIVISION WHEREAS, the Observatory Heights Subdivision, which was originally platted in Larimer County on July 1, 1925, and subsequently annexed into the City of Fort Collins, included a dedication to the public of a right-of-way for Muddy Road; and WHEREAS, subsequent development in the City of Fort Collins has resulted in the dedication of right-of-way for and construction of U.S. Highway 287 (South College Avenue) and certain City streets that serve the area originally platted as Observatory Heights Subdivision; and WHEREAS, Muddy Road has never been constructed to City standards and is no longer necessary as a public street for traffic circulation or access purposes; and WHEREAS, the Planning and Zoning Board has approved the ShopKo P.U.D. Preliminary, which upon final approval, replats portions of the Observatory Heights Subdivision, including portions of the Muddy Road right-of-way; and WHEREAS, the approval of said final ShopKo P.U.D. and the existence of the adjacent public street system make it necessary and desirable to vacate portions of the Muddy Road right-of-way; and WHEREAS, pertinent City agencies and private utility companies have been contacted and report no objection to the proposed vacation; and WHEREAS, the rights of the residents of the City of Fort Collins will not be prejudiced or injured by the vacation of said right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the portion of Muddy Road right-of-way more particularly described on Exhibit "A," attached hereto and incorporated herewith, be, and the same hereby is, vacated, abated, and abolished. Introduced, considered favorably on First Reading, and ordered published this 20th day of April, A.D. 1993, and to be presented for final passage on the 1st day of June,A.D. 1993. /�� EST: City Clerk J Cl-Ey of Fort C 160 Passed and adopted on final reading this 1st jAy-,of June, A.D. 1993. ATTEST: City Clerk F—x H►R,►— — "A " LOCATED N NW 1/4 OF SEC"33, T.7 N, FL69 W. OIL Sth P.M, C rN OF FORT cCOLLPNS1 LARNER cCOUNTY9 COLORADO LEGAL DESCRIPTION — "Muddy" Road Vacation A portion of "Muddy" Road, being the 50 foot wide road platted through Observatory Heights subdivision, according to the recorded plat thereof, Larimer County, Colorado, located in the Northwest quarter of Section 36, Township 7 North, Range 69 West of the 6th Principal Meridian being described as follows: Commencing at the Northwest corner of said Section 36 and considering the West line of said Northwest quarter to bear South 00029'00" East with all bearings contained herein, relative thereto; thence along said West line South 00029'00" East, 1751.75 feet; thence departing said West line, North 89131'00" East, 50.28 feet to the intersection of the North right-of-way line of said "Muddy" Road with the East right-of-way line of College Avenue and the POINT OF BEGINNING of this description; thence along said North right-of-way line South 65138'00" East, 731.99 feet to the West right-of-way line of JFK Parkway as platted in the Toys "R" Us/Western Auto P.U.D., according to the recorded plat thereof; thence departing said North right-of-way line, South 15014'49" East, 10.45 feet to the North right- of-way line of Boardwalk Drive as platted in The Fountainhead P.U.D. Phase One, according to the recorded plat thereof; thence along said North right-of-way the following courses: North 65133'36" West, 134.93 feet; thence along a curve line to the left, having a delta of 20052'37", a radius of 644.00 feet and an arc of 234.66 feet to the South right-of-way line of said "Muddy" Road; thence along said South right-of-way line North 65 °38'00" West, 352.27 feet to the East right -of way line of College Avenue; thence along said East right-of-way line the following courses: North 00105'00" West, 26.66 feet; thence North 01121'41" East, 27.81 feet to the POINT OF BEGINNING of this description, containing 24,140 square feet (0.55 acres), more or less. SURVEYOR'S CERTIFICATE I, MICHAEL C. CREGGER, do hereby certify that this exhibit and legal description were prepared by me or under my direct supervision and are true and correct to the best of my knowledge. This exhibit does not constitute a land survey as defined by Colorado statutes. '11CCA GL JU-1 r.: TST, INC. Consulting Engln"m ss- MI HAEL C. CREGGER Professional Land Surveyor Colorado Registration No. 22564 _SHEET 1 OF 2 PROJECT NO. O-724-000