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HomeMy WebLinkAboutHEARTHFIRE PUD - Filed RV-ROW VACATION - 2010-07-15ORDINANCE NO. 071, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF RIGHT-OF-WAY AS DEDICATED ON THE PLAT OF HEARTHFIRE P.U.D., FIRST FILING WHEREAS, the plat of Hearthfire P.U.D., First Filing included dedication to the public of right-of-way for Waxwing Lane; and WHEREAS, the Planning and Zoning Board has considered an application for approval of a project development plan (PDP) for a project entitled "Waters Edge", which PDP plan does not extend Waxwing Lane past Barn Swallow Circle; and WHEREAS, the approval of Waters Edge necessitates the vacation of certain portions of Waxwing Lane that were dedicated on the plat of Hearthfire P.U.D., First Filing which portions are more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference; and WHEREAS, the replatting of the land for the Water's Edge PDP cannot proceed until the existing rights -of -way have been vacated by the City Council; and WHEREAS, upon approval of the replat, the approving authority under the Land Use Code will vacate all easements not needed for the future development of Water's Edge; and WHEREAS, the portions of the rights -of -way to be vacated are no longer necessary or desirable to retain for street purposes due to the approval of Water's Edge which does not use said street layout; and WHEREAS, pertinent City agencies and private utility companies have been contacted and have reported no objection to the proposed vacation, as long as easements for drainage, utility, and access purposes, including emergency access, are reserved to the City; and WHEREAS, the rights of the residents of the City of Fort Collins will not be prejudiced or injured by the vacation of said street right-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the portions of street right-of-way more particularly described on Exhibit — "A" are hereby vacated, abated and abolished, reserving the same unto the City as easements for drainage, utilities and access purposes, including, without limitation, emergency access. RECEPTIONM 20100037297, 06/30/2010 at 02:13:56 PM, 1 OF 4, R $21.00 TD Pgs: 0 Scott Doyle, Larimer County, CO City Cleric's Offices Fort Collins, Coboraoc Introduced, considered favorably on first reading, and ordered published this 1st day of June, A.D. 2010, and to be presented for final passage on the 15 of June, A.D. 2010. V Y ' Mayo ATTEST- 4 City Clef 1. Passed and adopted on final reading on the 15th day of D. 2010. a.. Mayo :AVTEST- City Clerk EXHIBIT A Description of Parcel A portion of Waxwing Lane dedicated by Ffearthfire P.U.D., First Filing as described under reception .number 97085048 of the .Larimer County records and lying in the Southwest Quarter of Section 30 Township 8 North, Range 65 West, of the Sixth :Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows: Considering the West lijte of Lot 65 of said Hearthfire P.IJ.D., First Filing, as bearing South 00100'00" East with all bearings contained herein relative thereto. COMMENCING at the Northwest corner of said Lot 65; Thence South 00"00'00" East, along said West line of Lot 65, a distance of 47.95 feet to the Northerly right -of --way of said Waxwing Lane and the POINT OF:BEGINNING; Thence along said Northerly right-of-way of Waxwing Lane the following two (2) courses: 1. Along the arc of a curve to the left having a central angle of 88°57'16", a radius of 9.50 feet, and in arc length of :14.75 feet, the chord of which bears South 44"28'38" East, a distance of 13.31 feet; 2. Along the arc of a reverse curve to the right having a central angle of21"33'24", a radius of 268.50 .feet, and an arc length of 10.1.02 feet, the chord ofwluch bears South 78° 10'35" Fast, a distance of 100,42 feet to the Southerly right-of-way of said Waxwing Lane; Thence along said Southerly right-of-way of Waxwing Laate the -following two (2) courses: L Along the arc of a non -tangent curve to the right having a central angle of 05'10'21 ", a radius of 480.00 feet, and an arc length of 43.33 feet, the chord of which bears South 67°52'43" West, a distance of43.32 feet; 2. Continuing along the are of a curve to the right having a central angle of 08°21'43", a radius of 480.00 :feet, and an arc length of 70..05 feet, the chord of which bears South 74"38'45" West, a distance of 69.99 feet; Thence North 00"00'00" West, a distance of 64.92 feet to the POINT OF BEGINNING, The above described parcel contains a calculated area of.3,668 square feet or 0.084 acres, snore or less and is subject to all easements and rights of way on record or existing. attached hereto and incorporated herein by reference. Alan %irner Colorado Professional Land Surveyor Registration Number 28668 VA57.871factive.I87010190\sorvey11egalsX1014X1v-ro«•-r4ca•01.doc April 13.2010 a1,nrfgl' t W Sheet 1 of 2 EXHIBIT A PROPERTY DESCRIPTION LOCATED IN THE SW 1/4, SEC. 30, T. 8 N., R. 68 W., 6TH PM CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO LINC 67 a O w 66 RV POINT OF a % = U COMMENCEMENT Og Nw COR LOT 6' m ('---BASIS OF BEARINGS w OT 61 HEARTHFIRE PUD FIRST FILING REC. NO. 97085048 47.95'-POINT OF BEGINNING 65 �— R=9.50 R=268.50' S L=14.75 ' t L=101.0.2' CH6=S44'28'38"E rcj�;$fik % CH6=S78.7C'35"E WAXWING LANE CH-t3.31 _ b (f e� Z}jj C14=100.42' N00'00'00"W '. R=480.00' 64.92 ;'•, TPAC' F L-4333' TRACT G 3 dw N V C I Q 333 1 m 33A !� CH©=S67:52'43"W 0�8'21'43" CH=43.32' R=480,00' L-70.0 CHB-S74'38'45"W C1i=69.99' +eVATER4- EDGE 337 331 / \ i j 330 0 50' 75, 100' I"=50' AL ••,1•.•••••� THIS REPRESENTATION DOES NOT 0�1C L.3 REPRESENT A MONUMENTEO LAND SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION.