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HomeMy WebLinkAboutRICHARDS LAKE PUD 2010 - Filed RV-ROW VACATION - 2010-07-15ORDINANCE NO. 070, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF RIGHT-OF-WAY AS DEDICATED ON THE PLAT OF RICHARD' S LAKE PUD, FILING ONE WHEREAS, the plat of Richard's Lake PUD, Filing One included dedication to the public of right-of-way for Moonlight Court, Moonlight Drive, Morningstar Way, Waxwing Lane, Waterside Way, Charter Place, Brightwater Drive, Parkside Drive, Spyglass Court, and Fleet Drive; and WHEREAS, the Planning and Zoning Board has considered an application for approval of a project development plan (PDP) for a project entitled "Water's Edge," which PDP plan replats said property and rights -of -way; and WHEREAS, the approval of Water's Edge necessitates the vacation of certain portions of the original rights -of -way that were dedicated on the plat of Richard's Lake PUD, Filing One, 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 by this ordinance are no longer necessary or desirable for street purposes due to the approval of Water's Edge which does not use the same street layout as Richard's Lake PUD, Filing One; 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 to the City the property described on Exhibits `B" and "C," attached hereto and incorporated herein by this reference, as access easements including, without limitation, emergency access, and also reserving to the City the property described on Exhibit "D," attached hereto and incorporated herein by this reference, as drainage and utility easements. RECEPTION#: 20100037296, 06/30/2010 at 02:13:54 PM, 1 OF 13, R $66.00 TD Pgs: 0 Scott Doyle, Larimer County, CO City Clerk's Office, Fort Collins, Coioraac � EXHIBIT C 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 69 70 \HEARTHFIRE P U.D. 38 �? FIRST FILING 80' POINT OF 67 71 BEGINNING 79 81 i6 72 78 L1 90 91 82EASEMENT s2 6,898 S.F. i5 73 77 83 0.160 BBC 76 93 4 84 74 B 94 ' 75 BS 86 95 RICHARD'S LAKE PUD FILING ONE 100 gg gg 7 96 F' 129 102 Q J 128 EL 130 103 105 106 z 1 131 127 104 132 124 110 108 LINE TABLE LINE BEARING 109 DISTANCE L7 S445 'S3"W K/ 57.00' 114 123 111 112 CURVE TABLE CURVE DELTA RADIUS LENGTH BEARING CHORD DISTANCE 13 C1 C2 21'04'43" 43'46'27" 268.50' 98.78' ' S55'40'28"E 9 .22' C 0' 803 13'07'42" 80 0' 161.5 109.98' N87'01'20"W N71'49'30"E 157.69' 109.74' �— ��� _rA�N��..� POINT OF COMMENCEMENT4 0 150' E 1/4 COR., SEC. 30 , "�o, 225' J00' 1'=150' THIS REPRESENTATION DOES NOT REPRESENT `��oNq� LpNO•S c�`� g`c"ti� 6 A MONUMENTED LAND SURVEY. IT IS INTENDEDaa�<✓p0 Q LY TO DEPICT THE ATTACHED DESCRIPTION. STANTEC CONSULTING raoiacr rw.asiw- M0FASBLT AREPRESENTATIONOFEXHIBIT 187108355 C FASBLi BERYICEA WC. �"1"Q• 29500 EE Ha Ro WATER3 EDGE TFey9>op1e� �� FORT C.OLUNS Co °""N6 M; v lA.WARNBR �r Faa:IWO)IBts798 �'/NaraWllae.tom Ta o aaar,q A REPRESENTATION OF EXHIBIT 90V-EX- SW -EA 2 SNFXT 2 �F2 EXHIBIT D Description of Parcel Portions of the Rights of Way of Moonlight Drive, Morningstar Way, Waxwing Lane and number 20010023344 of the Larimer County records and lyWaterside Way dedicated by Richard's Lake PUD, Filing One as ding South Half of Section 30 escribed under reception in the Township 8 North, Range 68 West, of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows: Considering the East line of the Southeast Quarter of said Section 30, as bearing North 00°28'06" East and with all bearings herein relative thereto. COMMENCING at the East Quarter Corner of said Section 30; Thence South 85019134" West, a distance of 2,865.21 feet to the intersection of the northerly right of way line of said Morningstar Way and the exterior boundary of said Richard's Lake PUD, Filing One said point also being the POINT OF BEGINNING; Thence along said Right of Way.lines the following nine (9) courses and distances: I. South 52015'03" East, a distance of 441.38 feet; 2. South 38011'46" West, a distance of 192.90 feet; 3. Along the arc of a tangent curve to the right having a radius of 1025.5 0 feet, a central angle of 061140'07" and an arc length of 119.36 feet; 4. South 44051'53" West, a distance of 564.91 feet; 5. North 45008'07" West, a distance of51.00 feet; 6. North 44051'53" East, a distance of258.50 feet; 7. Along the are of a tangent curve to the left having a radius of 9.50 feet, a central an Of 90°00'00" and an arc length of 14.92 feet; 8. North 45008'07" West, a distance of243.88 feet; 9. Along the arc of a tangent curve to the left having a radius of 211.50 feet, a central angle of 43°46'27" and an arc length of 161.59 feet to the exterior boundary of Hearthfire P.U.D., First Filing as described under Reception Number 97085048 of the Larimer County records; Thence along the exterior boundary of said Hearthfire P.U.D., First Filing; along the arc of a non -tangent curve to the left having a radius of 480.00 feet, a central angle of 13'07'42" and an arc length of 109.98 feet to a point of tangency, the chord of which bears North 71 °49'30" East, a distance of 109.74 feet Thence continuing along said Right of Way lines the following eight (8) courses and distances: 1. Along the arc of a non -tangent curve to the right having a radius of 268.50 feet, a central angle of 21 °04'43" and an arc length of 98.78 feet, the chord of which bears South 55040'28" East, a distance of 98.22 feet; 2. South 45008'07" East, a distance of243.88 feet; 3. Along the arc of a tangent curve to the left having a radius of 9.50 Feet, a central angle Of 90°00'00" and an are length of 14.92 feet; 4. North 44051'53"East, a distance of230.41 feet; Sheet t of 3 5. Along the arc of a tangent curve to the left having a radius of 974.50 feet, a central angle of 06°40'07" and an arc length of 113.42 feet; 6. North 38'11'46" East, a distance of 101.38 feet; 7. Along the arc of a tangent curve to the left having a radius of 15.00 feet, a central angle of 90°26'49" and an arc length of 23.68 feet; 8. North 52°15'03" West, a distance of 371.79 feet to the southeasterly boundary line of Hearthfire P.U.D., First Filing as described under reception number 97085048 of the Larimer County records; Thence along the southeasterly boundary line of said Hearthfire P.U.D., First Filing, the following two (2) courses and distances: 1. Along the arc of a non -tangent curve to the left having a radius of 480.00 feet, a central angle of 01 032'54" and an arc length of 12.97 feet, the chord of which bears North 09°38'19" East, a distance of 12.97 feet; 2. North 40°36'53" East, a distance of 64.64 feet to the POINT OF BEGINNING. The above described easement contains an approximate calculated area of 95,755 square feet or 2.198 acres, more or less and is subject to all easements and rights of way on record or existing. attached hereto and incorporated herein by reference. Alan Warner Colorado Professional Land Surveyor Registration Number 28668 for and on behalf of Stantec Consulting Services Inc. 303-758-4058 VA5287111active11870101901surveyllegais\10190v-ex-ESMT-UE-0Ldoc May 11, 2010 agw/gf Exhibit D, Sheet 2 of 3 EXHIBIT D 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 55 \< 69 70 \HEARTHFIRE P U.p. I8 it FIRST FILING 80 67 71 790 81 6 72 78 90 91 82 89 92 p 5 73 77 (O t" 83 88 _1 93 76 84 74 87 94 L5 75 es J 2 C6 LB 86 --95 RICHARD'S r___"LA KE PUD C1 FILING ONE ABLE 100 9g 98 97 96 IING DISTANCE 102 0 " 441.38 46-W 192.90' 106 '53"W 564.91' 103 105 '07"W 51.00' 107 '53" 258.50' 104 110 -A 108 109 �121 1 POINT OF BEGINNING J a F- F- 'Q J z n EASEMENT �-95,755 S.F. 2.200 AC POINT OF �40.o COMMENCEMENT • E 1/4 COR., SEC. 30 0 150' 225' 300' P; 6 p Q• p Qi�� 1"=150' �}; 05/11/10 ;� 0� e ��E. THIS REPRESENTATION DOES NOT REPRESENT J/••'••••••(`3" �i�5o�` �ti 6 A MONUMENTED LAND SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. LpNO corv•wxr tm w"aw..".r.c. CTMa "A"REPRESENTATION OF FASOLi mr. XIBR 18_7108355 Yy i CO a0�a26a129 WATERS EDGE x Tr{2 laz•592x FORT COLLWS CO ALLgARNOR n.r n Fn:(070I492-ma vlwwitonl•oeoln m• v ••�mo tt 10 �PRESENTATIONOF EXHIBIT Sheet 3 0( 3 _ t01lIOV.FY.FawT_I Ks. w..� 1 Introduced, considered favorably on first reading, and ordered published this 1 st day of June, A.D. 2010, and to be presented for final passage 4thely of June, A.D. 2010. Ci Ocle'rk Passed and adopted on final reading on the 15th day of e A.D. 2010. -04 0" Mayor Amsn- 3. City Clerk EXHIBIT A Description of Parcel Portions of the Rights of Way of Brightwater Drive, Charter Place, Fleet Drive, Moonlight Court, Moonlight Drive, Morningstar Way, Parkside Drive, Spyglass Court, Waterside Way and number 20010023344 of the Larimer County records and lying in the South Half of Waxwing Lane dedicated by Richard's lake PUD, Filing One as described under rScction ecepti30on Township 8 North, Range 68 West, of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows: Considering the East line of the Southeast Quarter of said Section 30, as bearing North 00°28'06" East and with all bearing herein relative thereto. Brightwater Lane: All of Brightwater Lane lying northerly of the following described line COMMENCING at the East Quarter Corner of said Section 30; Thence South 66°06'44" West, a distance of 2,409.44 feet to a point of tangency on the Easterly right of way line of said Brightwater Lane and the POINT OF BEGINNING; Thence North 59021'36" West, a distance of 76.00 feet to point of tangency on the Westerly right of way line of said Brightwater Lane and the POINT OF TERMINUS. Charter Place: All of Charter Place lying northerly of the Northerly right of way line of Waterside Way and being adjacent to Lot 134, Lots 124 through 126 Inclusive, Lots 104 through 107 inclusive, Tract O, Lots 108 through 110, inclusive, Lot 123, and Lots 119 through 121 inclusive, said Richard's Lake PUD, Filing One. Fleet Drive: All of Fleet Drive lying northerly of the following described line COMMENCING at the East Quarter Corner of said Section 30; Thence South 34°01'28" West, a distance of 2,008.66 feet to a point of curve return on the Easterly right of way line of said Fleet Drive and the POINT OF BEGINNING; Thence South 70°56'45" West, a distance of 57.00 feet to point of curve return on the Westerly right of way line of said Fleet Drive and the POINT OF TERMINUS. Moonlight Court: All of Moonlight Court lying westerly of the Westerly right of way line of Moonlight Drive and being adjacent to Lots 86 through 95 inclusive, said Richard's Lake PUD, Filing One. Moonlight Drive: All of Moonlight Drive lying Southerly of the Southerly right of way line of Morningstar Way and being adjacent to Lots 74, 75, 85, 86, and 95, Tract P, Tract O, Lots 96 through 101 inclusive, and Tract M, said Richard's Lake PUD, Filing One. Sheet 1 of 3 Morningstar Way: All of Morningstar Way lying Northerly of the Tracts O, P and U, said Richard's Lake PUD, Filing One. Parkside Drive: All of Parkside Drive lying northerly of the following described line COMMENCING at the East Quarter Corner of said Section 30; Thence South 53°20'42" West, a distance of 1,968.91 feet to a point of curvature on the Easterly right of way line of said Parkside Drive and the POINT OF BEGINNING; Thence North 70°47'03" West, a distance of 57.00 feet to point of curvature on the Westerly right of way line of said Parkside Drive and the POINT OF TERMINUS. Spyglass Court: All of Spyglass Court lying westerly of the Westerly right of way line of Morningstar Drive and being adjacent to Lots 35 through 42 inclusive, Tract G, Lots 43 through 45 inclusive, Tract K, and Lots 46 through 52 inclusive, said Richard's Lake PUD, Filing One Waterside Way: All of Waterside Way lying westerly of the Westerly right of way line of Morningstar Drive and being adjacent to Lots 53 through 57 inclusive, Tract K, Lots 58 through 63 inclusive, Tract L, Lots 64 and 65, Tract T, Lots 66 through 70 inclusive, Tract S, Lots 71 through 74 inclusive, Tract M, Lots 129 through 134 inclusive, and Lots 117 through 119 inclusive, said Richard's lake PUD, Filing One Waxwing Lane: All of Waxwing Lane lying westerly of the Westerly right of way line of Morningstar Drive and being adjacent to Lots 122, 123, 124, 127 and 128, Tract M, Lots 75, 76 and 77, Tract S, Lots 78, 79 and 80, Tract S, Tract N, Lots 81 through 85 inclusive, Lots 101 through 104 inclusive, and Lots 110 through 113 inclusive, said Richard's Lake PUD, Filing One The above described rights of way contains an approximate calculated area of 375,303 square feet or 8.615 acres, more or less and is subject to all easements and rights of way on record or existing. Representation attached hereto and incorporated herein by reference. Alan Warner Colorado Professional Land Surveyor Registration Number 28668 VA5287INctive\187010190\survey\1ega1s\10190v-row-vaca-02.doc April 20, 2010 agw/gf Exhibit A Sheet 2 of 3 e�w 4 40 7'. ��r- -4" , . :- —, ;Q N fi, ". / ag, -BAN Sw4auLDID�ARN�,WAL�-OW D BAR 8WALLOWi�.IR M. N —F 120 /* M17 "F RTHFIRE DR N� PL...... G07 If A I ITT IT) ARKSIDETA %P V d 0 66RTE SAWOGA la t. .. M1 - J i `\ } --TURNBERRYRU,,- Ln D III STERNWHEELER OP m EXHIBIT B Description of Parcel Portions of the Rights of Way of Brightwater Drive and Morningstar Way dedicated by Richard's lake PUD, Filing One as described under reception number 20010023344 of the Larimer County records and lying in the South Half of Section 30 Township 8 North, Range 68 West, of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows: Considering the East line of the Southeast Quarter of said Section 30, as bearing North 00°28'06" East and with all bearing herein relative thereto. COMMENCING at the East Quarter Comer of said Section 30; Thence South 66°06'44" West, a distance of 2,409.44 feet to a point of tangency on the Easterly right of way line of said Brightwater Drive and the POINT OF BEGINNING; Thence North 59°21'36" West, a distance of 76.00 feet to the westerly Right of Way line of said Brightwater Drive; Thence along the existing right of way lines of said Brightwater Drive and Morningstar Way, the following four (4) courses and distances: 1. North 30038'24" East, a distance of 108.61 feet; 2. Along the are of a tangent curve to the left having a radius of 15.00 feet, a central angle of 84011'48" and an arc length of 22.04 feet; 3. Along the arc of a compound curve to the right having a radius of 660.93 feet, a central angle of 01 *18'21" and an arc length of 15.06 feet to a point of tangency; 4. North 52015'03" West, a distance of 848.40 feet to the southeasterly boundary line of Hearthfire P.U.D., First Filing as described under reception number 97085048 of the Larimer County records; Thence along the southeasterly boundary line of said Hearthfire P.U.D., First Filing, the following two (2) courses and distances: 1. Along the arc of a non -tangent curve to the left having a radius of 480.00 feet, a central angle of 01 032'54" and an are length of 12.97 feet, the chord of which bears North 09*38'19" East, a distance of 12.97 feet; 2. North 40°36'53" East, a distance of 64.64 feet to the northerly Right of Way Line of said Morningstar Way; Thence along the northerly Right of Way Line of said Morningstar Way the following two (2) courses and distances: 1. South 52°15'03" East, a distance of 851.28 feet; 2. Along the arc of a tangent curve to the left having a radius of 584.93 feet, a central angle of 9° 19'44" and an arc length of 95.24 feet; Sheet 1 of 3 Thence along the easterly Right of Way Line of said Brightwater Drive and the northerly extension thereof, South 30038124" West, a distance of 196.58 to the Point of Beginning. The above described easement contains an approximate calculated area of 81,610 square feet or 1.874 acres, more or less and is subject to all easements and rights of way on record or existing. attached hereto and incorporated herein by reference. Alan Warner Colorado Professional Land Surveyor Registration Number 28668 for and on behalf of Stantec Consulting Services Inc. 303-7584058 VA52871Aactive1187010190\aurveyVe9a1sU0190v-ESMT-EA-01.doc May 11, 2010 agw/gr Exhibit B, Sheet 2 of 3 EXHIBIT B 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 69 70 \HEARTHFIRE P.U.D. 38 FIRST FILING 80 67 71 79 81 i6 72 78 90 91 82 89 92 i5 73 77 83 88 76 93 84 4 74 87 94 75 85 RICHARD'S LAKE PUD 86 95 FILING ONE TRACT M 101 100 99 98 97 96 129 102 128 130 103 105 106 107 LINE TABLE 104 LINE BEARING DISTANCE L1 N59'21'36"W 76.00' L2 N30'38'24"E 108.61' L3 N52'15' 3"W 848.40' 110 108 L4 N40'36'53" E L5 S52'15'03" 109 l6 851.28' S3038'24"W 196.58' 114 123 111 CURVE TABLE 112 CHORD 13 CURVE DELTA RADIUS LENGTH BEARING DISTANCE Cl 84-11'48" 15.00' 2 .04' N11'27'30"W 20.11' J C2 '18,21" 66093, 15.06' 52-54:14"E C3 1'3 'S " 480.00' 12 97' N09' 81 " C4 9-19'44" 584.93' 95.24' S5654'55" POINT OF BEGINNING 4w, 0 150' 225' 300, THIS ATION DOES RESENT A MONUMEN EDTLAND SURVEY. ITRISFINTENDED `ONLY TO DEPICT THE ATTACHED DESCRIPTION. STANTEC CONSULTING Aft 9ERVR:ES.INo. 2M E HaM W°. RA Ta1XY70)s�92592°052 29 Statl6ec Fw°M ro'.t. ° In J 0 H H Q J 0_ Z EASEMEN 81,610 S.F. 1.874 AC POINT OF COMMENCEMENT— E 1/4 COR., SEC. 30 �Pj �C OPaFryO�ry A REPRESENTATION OF EXHIBIT 187108355 WATERS EDGE FORT COLLINS CO ma x a,— 11 A REPRESENTATION OF EXHIBIT Sheet3o13 10100V.EX-EsmT-EA-O i.dv o EXHIBIT C Description of Parcel Portions of the Right of Way of Waxwing Lane dedicated by Richard's Lake PUD, Filing One as described under reception number 20010023344 of the Larimer County records and lying in the South Half of Section 30 Township 8 North, Range 68 West, of the Sixth Principal Meridian, City of Fort Collins, County of Larimer, State of Colorado, being more particularly described as follows: Considering the East line of the Southeast Quarter of said Section 30, as bearing North 00°28'06" East and with all bearings herein relative thereto. COMMENCING at the East Quarter Corner of said Section 30; Thence South 78030'41 "West, a distance of 3,235.98 feet to the intersection of the northerly right of way line of said Waxwing Lane and the exterior boundary of said Richard's Lake PUD, Filing One, said point being the POINT OF BEGINNING; Thence along said northerly right of way line, along the arc of a curve to the right having a radius of 268.50 feet, a central angle of 21 °04'43" and an are length of 98.78 feet, the chord of which bears South 55°40'28" East, a distance of 98.22 feet; Thence South 44°51'53" West, a distance of 57.00 feet to the southerly right of way line of said Waxwing Lane; Thence along the southerly right of way line, along the arc of a non -tangent curve to the left having a radius of 211.50 feet, a central angle of 43°46'27" and an arc length of 161.59 feet, the chord of which bears North 67*11'20" West, a distance of 157.69 feet to the exterior boundary of Hearthfire P.U.D., First Filing as described under Reception Number 97085048 of the Larimer County records; Thence along the exterior boundary of said Hearthfire P.U.D., First Filing, along the arc of a non -tangent curve to the left having a radius of 480.00 feet, a central angle of 13°07'42" and an arc length of 109.98 feet, the chord of which bears North 71°49'30" East, a distance of 109.74 feet to the POINT OF BEGINNING. The above described easement contains an approximate calculated area of 6,898 square feet or 0.158 acres, more or less and is subject to all easements and rights of way on record e existing.or Representation attached hereto and incorporated herein by reference. Alan Warner Colorado Professional Land Surveyor Registration Number 28668 for and on behalf of Stantec Consulting Services Inc. 303-758-4058 VA52871f1active\i97010190\survey\legals\10190v-ex-esmt-ea-02.doc May 11, 2010 agw/gf Sheet 1 of 2