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HomeMy WebLinkAboutVON VIHL HEIGHTS SECOND - Filed RV-ROW VACATION - 2004-11-0300 RCY'1'N # 2UU2ii4<'.bS 0/28/2UU2 iU 49:UU $ PAGES - FEE $11 UU M RODENBERGEH RECORDER, LAR1MER COUNTY CO STATE DUC k'K - �' ORDINANCE NO. 146, 2002 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF THE RIGHT-OF-WAY AND TEMPORARY TURNING AREA NORTH OF LAKE STREET AS DEDICATED ON THE PLAT OF VON VIHL HEIGHTS SECOND SUBDIVISION AND VACATING THAT PORTION OF A RIGHT-OF-WAY EASEMENT FOR A PEDESTRIAN PATH RECORDED IN BOOK 2148, PAGES 196-197 IN THE RECORDS OF THE COUNTY OF LARIMER, STATE OF COLORADO, SUBJECT TO A RESERVED DRAINAGE AND UTILITY EASEMENT WHEREAS,, the City Council has received a request from the owner of certain real property located at 3000 West Lake Street to vacate the following: a portion of LaReatta Court Right -of -Way and Temporary Turning Area north of the northerly right of way line of West Lake Street as shown on the plat of Von Vihl Heights Second Subdivision (the "Street and Temporary Turning Area Vacation"); and, the Pedestrian Path portion of the Right -of -Way Easement for drainage and pedestrian path recorded in Book 2148, pages 196-197 in the records of the County of Larimer, State of Colorado (the "Easement Vacation"); and WHEREAS, the portion of LaReatta Court and Temporary Turning Area proposed for vacation have never been constructed and the right-of-way and temporary turning area are no longer necessary to retain for future street construction; and WHEREAS, the Pedestrian Path Easement proposed for access to Overland Park has never been constructed due to the cost benefit ratio of constructing the pedestrian path; and WHEREAS, pertinent City staff and non -City utilities have been contacted and report no objection to the proposed vacations under the condition that a drainage and public utility easement be reserved in the LaReatta Court Right -of -Way to be vacated (the "Reservation"); and WHEREAS, there will be no cost to the City in making the proposed vacations and the Reservation; and WHEREAS, the rights of the residents of the City of Fort Collins will not be prejudiced or injured by the vacation of the said street right-of-way, temporary turning area and pedestrian path easement. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section L That the portion of LaReatta Court and Temporary Turning Area that are north of the northerly right of way line of West Lake Street as shown on the Plat of Von Vihl Heights Second subdivision are hereby vacated, abated, and abolished; EXCEPTING AND RESERVING, however, unto the City the said portion of LaReatta Court for drainage and public utility easement purposes: ✓ CITY CLERK CITY OF FORT COLLINS Section2. That thePedestrian Path portion of the Easement included in the Right of Way Easement for drainage and pedestrian path as granted to the City of Fort Collins on November 20, 1981 and recorded in Book 2148, pages 196-197 in the Records of the County of Latimer, State of Colorado is hereby vacated, abated, and abolished. Introduced, considered favorably on First Reading, and ordered published this 1st day of October, A.D. 2002, and to be presented for final passage on the 15th day of October, A.D. 2002. Mayor ATTEST: City Clerk�� l� Passed and adopted on final reading on the 15th day of October, A.D. 2002, Mayor ATTEST: I )�". _�� "I City Clerk