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HomeMy WebLinkAboutBLOCK 6 7 8 9 10 24 - Filed RV-ROW VACATION - 2004-04-26A- 100- 91 -ORDINANCE, VACATING CERTAIN STREETS AND PA RT^ OF STREETS AND CERTAIN AAGEYS IN THE CITY OF FORT COhITYZ, COLORADO, AND GRANTING TO UNION PACIFIC RAILROAD COS i'A THE RIGHT TO LAY, MAIN^lAIN AND OPERATE A DO(MLE TRACJti STA',iDARD GAUGE RAILROAD IN RIVER;;IDE AVEIgTE AITI) JrP7 e;i3Sth:T STREET IN SAID CITY OF FORT COLLINS, FROM THE CITY l',111 TO THE NORTIiWESTERLY LINE OF LINCOLN AVENUE, TO LINCOLN AVENUE AND L'INDEN STREET WITH SUCH TRACKS AK 70r BE YECESSARY FOR TILE OPERATIONS OF SAID COMPANY, AND TO CONSTRUCT A DOUBLE TRACK STAIIDARD GAUGE RAI7,410AI) COLLEGE AVF3%UE,BETWEEN ITAPLE STREET AND THE SOUTH LIAM 07 BLOCK 24, TOGF.T-9,R W117 SIQ TRACKS, SWITCHES, ETC BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OP FORT COl",I,IJ' g" COLORADO: Section 1. That all that part of Pine street in the Cite of Fort Collins, extending Northeasterly from Jefferson Strac3t to the right of way of the Colorado & Southern Railway Company, be and the same is hereby abandoned and vacated as a public street. Section 2. That all that part of Chestnut street in the City of Fort Collins, extending from Jefferson street north.easte"- ly to the intersection of Willow street, be and the same is hereby abandoned and vacated. Section 3. That all alleys lying in or adjacent to Bloclo 69 79 89 9„ and 10 in the City of Fort Collins be and the owneo are hereby abandoned and vacated. Section 4. That the southerly part of Lincoln Avenue, 1pnr, southerly of a line drawn parallel with the southeasterly side :; Block 9 in the City of Fort Collins, and a distance of 70 feat therefrom, and westerly of the right of way of The Colorado ? Southern Railway Company, be and the same is hereby abandoned any: vacated as a public street. Section 5. That that part of Riverside Avenue and Jeffarson Street 40 feet wide, extending southeasterly from a line A; -awn parallel to the southeasterly line of Block 9, in the city of Yort:, Collins, and a distance of 70 feet therefrom, %Long the southwont erly line of Lots 8, 91 10, 11 and 12, in Block 10, in the City of Fort Collins, to Block "G", in said City, be and the swyia .1.s i1 hereby abandoned and vacated as a public street. Section 6. That a strip 30 feet in width from off the north- easterly side of Jefferson street, extending from the northwest- erly line of Lire oln Avenue along the Southwesterly line of Blot.i: 9, across Chestnut Street, and along the southwesterly line of Block 8 in the City of Fort Collins, to the southeasterly line of Linden street, be and the same is hereby vacated and abarldoni hl a public street. Section 7. That a strip 30 feet in width from off the northeasterly line of Jefferson street, extending from the northerly line of Linden Street, along the southwesterly line of Block 7, across Fine street, and extending along the south- westerly line of Block 61 to an intersection with the east line of College Avenue, be and the same is hereby abandoned and va- cated as a public street. Section 8. There is hereby granted to Union Pacific Rail- road Company, a corporation, its successors and assigns, the right to lay, construct, maintain and operate a double track standard gauge railroad on the northerly side of Riverside Avenue in the City of Fort Collins, from the intersection of said Riverside Avenue with the easterly boundary line of said City, opposite Block 195 in said City, extending thence north- westerly over and along Riverside avenue1to Jefferson street; thence over Jefferson street to the north line of Lincoln Avenue; produced, including the ri*it to extend the same over su+�;h part of Mountain avenue as intersects Riverside avenue provided Viat said Union Pacific Railroad Company may lay, construct, maai:itrawzt and operate its said tracks over all. or any part of the distance, and Ir ovided further that said double track standarU gauge railroad shall. be built upon the northerly 30 feet of Riverside Avenue and Jefferson Street.4 Section 9. There is hereby granted to Union Pacific Rail- road Company, a corporation, its successors and assigns, the (2) right to lay, construct, maintain and operate such main and side tracks as may be convenient or necessary to the operation of the terminal facilities of the said railroad in the City Of Fort Collins, across that part of Lincoln Avenue lying between the right of way of The Colorado & Southern Railway Company at Willow street and a line parallel to and 30 feet southerly from the northerly line of Jefferson street; and the further right to lay, construct, maintain and operate such main and side tracks as may be either convenient or necessary to the operation of the terminal facilities of the said Railroad in Fort Collins, across that part of Linden street lying between the intersection of Linden street with Willow street in said city, and a line drawn parallel to and 30 feet southerly from the northerly line of Jefferson street therein. Section 10. There is hereby granted to the Union Pacific Railroad Company, a Corporation, its successors and assigns, the right to lay, construct, maintain and operate a double tra0k standard gauge railroad along College Avenue, in the City of Fort Collins, from its intersection with Jefferson and Maple streets in said City, over, across and along Cherry Street, in said City to the south line of Block 24 therein, together with the right to construct, operate and maintain over, alang and. across Cherry Street, between said College Avenue and the right of way of the Colorado & Southern Railroad Company, such other tracks, side tracks, spurs and switches as may be either con- venient or necessary to the operation of said railroad in Fort Collins. Section 11. There is hereby granted to Union Pacifin Rail -- road Company, a corporation, its successors and assigns, the right to construct, erect, maintain and operate, in connection with the tracks herein authorized, all necessary side tracks, spu s, culverts, siphons, telegraph and telephone poles, a?.7n6, signal towers and stands, and other equipment necessary for the operation of said tracks. \Isectian 12.- This ordinance shall take effect and be in fame 11 from and after its passage. ( 4 ) Amendment offered by Alderman Cwmnings to ordinance No.9 Series 1909 Relating to the vacation of certain parts of Riverside Ave and Jefferson Street etc. The Union Pacific Railroad Company shall forever indemnify and save harmless; the City from and against all liability for dwiiages occasioned to abutting property owners, or others by reason of the vacation of the several streets and parts of streets herein ordered. Which amendment was lost upon roll call r"-� crG l ,� l /('•.I y / (2� / i'� (_� 1,//'G./ 4 f"EGG-'C.F'-. C/�-�f- � / �/1d / Strike out the aords o To Jeffe;r. sors Street; thence over. Strcat to thA lvcrth line of Lin,,.oln Avanua, riUht to extend the same over such prxt of ;.trnzntain Aver'-u� intersects FI'Ver_Oide Aveni).ev. (;OTYUv.tncin;B in r,Ightlline o' Eight of ordi:nriilcu r-nd �3uhFitituto tht: follocrin�; in lieu. a to the sout:jearitorly line of the alley in lot g Also strike out the zaor.clH n^Jeffersori Street a in lust 1!lie c ' BELi3 :section Olght. Section IP. The forevoing grants, rights Of' way ayid ul av�iu es, and i3lao this vacation Of All 9treet9 7)rOVitt, allc;ll result in tho revcr.>ion to j id Union Prcific r,: i )any of or pasta Of atl.'COtH nre raadc' t t follovAng enllditil,ns rind 1'.rlltations: .:.. Ci 1 r:ion F'izc;l?'lc !{:11r0aC1 001iil1,.011y SI1%i:i C; iJil:'dr and oreratt9 (a line or liners 0 r.allway along and muatlonod St,rect:> connt—s tin3y ri th the exit tint Union F<ac�r­_a Railroad Co.^.I! P.,-jjls system, within three yearS from th, c.LktO of th^ T)a:?3a, C3 OS thin OrainFl11 H, and have the t>t Tl? in 0neTLit1UY; iJP ir. ^,a;38 13i::Lr?. Union :)2..^.if?3 RL:i rnt:L cor?tMny, DA9 succca3os3 0 !1:331;;nH ftiAIS Ho to eon6truet a lini or lii. r1111,01ay 1'iith,411t. ;3:lid t:1TCe VHfli.':3 fioym the 'a—i;,i Lir;C, o-f anti 1 avt: the! owe lC in op Fer:ition, then ma in tiiat el --oat :ill vocation; or easements herein acquired by thr. .saki Union Railroad 1010u,iy; its su3eesHOr:3 or assi$nc3, Wi(Al.l ?'Ovoi-t tJ iin-:I become re—irir#9 cd in the City of Fort Collinn, and the saic COrtlp Any, it. 9:1G^.CS807'a r.,.nd a9:ii Gins shall rC—COnveY "Olt. unto the city all those portions of Htroetn that :;hall re;vart. tc) it Or thi-m by mason of the HeVe'ral vacuAloliF; of :3tYeotS U'-d- i'+.:Ttri Of atmetn herein ordered. SECOND: Union Pacific Railroad Company its successors aul(l asSi6ns ShUl never lay or oRUSc .:) be laid any sailroact t: <:: >, in that portion of.' Jefreraon Stroet vacated by tite 6th. and Sections hereof. THIRD: Before tide Or.dillaulce Shall become operatiV:l t3rlil. isit?lin sixty days of the pasaage thereof, said Union Pacifio RailcOaci Company, ita sua0er340rS Or a$sigT'ir3, shall file iJith tYiv tit'; of the City of. Fort Collins, its acceptance in writing of this oz,dinance, and of each and every term and condition thereof.'. Passed and adopted, Signed and approved this 19th. day o'Au ust 1909. /&f eeic -- .