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HomeMy WebLinkAboutGOODWILL INDUSTRIES OF DENVER - Filed RV-ROW VACATION - 2007-11-28May 17, 2005 Mr. Marc Virata Current Planning/Engineering Department City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 u'u JUN 0 1 2005 SUBJECT: Pavilion Lane Right -of -Way Vacation Request Dear Mr. Virata: Please accept this letter as a request for the vacation of a portion of Pavilion Lane, a street right-of- way, and the associated slope easement located in the South Half of the Southwest Quarter of Section 36, Township 7 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado. The street currently serves businesses in the Fort Collins Retail Center and the Harmony Center, notably providing access to the rear of the King Soopers building. The plat of "Goodwill Industries of Denver", currently in City review, will dedicate right of way for Pavilion Lane through to John F Kennedy Parkway. Once Pavilion Lane is a through street, the cul-de-sac bulb will no longer be needed and we therefore request that it be vacated. Please refer to the attached vacation application package for additional details. Sincerely, Goodwill Industries of Denver 6850 N. Federal Boulevard Denver, Colorado 80221 N:TCB0124\Documents\SURV EYWpplicationRequestdoc w i U vw� nQ LL I�f NOR m � F <OU ¢¢ W O GZ �O 00 � O J N 1X II II S n W I �0 9bZl I,LC.Z9N z ,6l"Ol 10,-0.005 ,w o N Z U � N W UO F-O Z Z } m Z W O Z Z a w O'- m w r}-m oN�m w¢o m ti ao�<3p s 11 5/17/2005 Pavilion Lane Right -of -Way and associated Slope Easement Vacation Description and Justification This is a request for the vacation of a portion of Pavilion Lane, a street right-of-way, and the associated slope easement located in the Southwest Quarter of Section 36, Township 7 North, Range 69 West of the 6th P.M., County of Larimer, State of Colorado and dedicated to the City via the plat of Fort Collins Retail Center and by deeds recorded as Reception No. 97074165 and Rec. No. 97074169. Pavilion Lane, a dead-end street and cul-de-sac, currently serves businesses in the Fort Collins Retail Center and the Harmony Centre, notably providing access to the rear of the King Soopers building. The plat of "Goodwill Industries of Denver", currently in City review, will dedicate right of way for Pavilion Lane from the cul-de-sac through to John F. Kennedy Parkway. Once Pavilion Lane is a through street, the cul-de-sac bulb portion of the right of way and associated slope easement will no longer be needed. The vacation of the cul-de-sac bulb, as shown on the attached documents, will not deprive any party of access. A nine foot wide utility easement will be retained to provide a utility corridor along the south side of the realigned street. A water line located in the cul-de-sac bulb is to be abandoned in place and plugged and will therefore not require an easement reservation. The adjacent landowners support the realignment of Pavilion Lane and are willing to make right of way and easement dedications as needed. Descriptions and exhibits of the proposed easements and rights of way are included in the attached documentation. One additional private access easement is attached to provide access from the south entry to the Goodwill site, east across the King Soopers site to JFK Parkway. This easement is to be dedicated via separate instrument by FC Timberline (King Soopers) to Goodwill and its invitees, as opposed to the general public. It is anticipated that the plat of "Goodwill Industries of Denver" will be approved prior to the approval of this vacation request. Please contact me with any questions regarding this request. Sincerely, Laine A. Landau Nolte Associates, Inc. 1901 Sharp Point Drive, Suite A Fort Collins, Colorado 80525 970.221.2400 N:\FCB0124\Documents\SURVEY\Application.doc Page 1 of 2 DEED OF DEDICATION FOR RIGHT-OF-WAY KNOW ALL MEN BY THESE PRESENTS: That the undersigned FC Timberline Development LLC, a Colorado limited liability company, whose address is 4529 S. Stover, Fort Collins, CO 80525, being the owner of certain real property in Larimer County, Colorado legally described at Reception No. in the Larimer County Records, in consideration of Ten Dollars ($10.00) in hand paid, receipt of which is hereby acknowledged, and other good and valuable consideration, does hereby dedicate, transfer, and convey to the City of Fort Collins, Colorado, a Municipal Corporation, for public use forever a permanent right-of-way for public street purposes in the City of Fort Collins, County of Larimer, State of Colorado, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof ('Pavilion Lane Right of Way Dedication"). It is understood by the undersigned that, by acceptance of this dedication, the City of Fort Collins will not accept the duty of maintenance of such right-of-way until permanent improvements have been made and accepted by the City. DATED this day of STATE OF COLORADO ) COUNTY OF 2005. Grantor: FC Timberline Development LLC, a Colorado limited liability company 0 M. Jeff Donaldson, Manager Charles P. Woods, Manager The foregoing instrument was acknowledged before me this day of , 2005, by Jeff Donaldson as Manager and Charles P. Woods as Manager of FC Timberline Development LLC, a Colorado limited liability company, Grantor. Witness my hand and official seal. My commission expires: Notary Public (00000418/1) Accepted by the City of Fort Collins on the day of 2005. City Clerk ATTORNEYS CERTIFICATION I hereby certify that the foregoing Deed of Dedication for Right -of -Way has been duly executed as required pursuant to Section 2.2.3(C)(3)(a) through (e) inclusive of the Land Use Code of the City of Fort Collins and that all persons signing this Deed on behalf of a corporation or other entity are duly authorized signatories under the laws of the State of Colorado. This Certification is based upon the records of the Clerk and Recorder of Larimer County, Colorado as of the date of execution of the deed and other information discovered by me through reasonable inquiry and is limited as authorized by Section 2.2.3(C)(3)(f) of the Land Use Code. Attorney Address: Registration No.: (00000418 / 1) 2 5i23/2005 Pavilion Lane Right of Way Dedication Exhibit A A parcel of land located in the Southwest Quarter of Section 36, Township 7 North, Range 69 West of the 6`h P.M., County of Larimer, State of Colorado, said parcel being a portion of that property described in document recorded as Reception No. 97074166 and being more particularly described as follows: Commencing at the Southeast comer of Fort Collins Retail Center; Thence North 62°37'18" West, along the south line of said Fort Collins Retail Center, a distance of 7.51 feet to the beginning of a tangent curve to the left; Thence continuing along the south line of said Fort Collins Retail Center, 50.52 feet along the arc of said curve having a radius of 216.00 feet, a central angle of 13124'07", and being subtended by a chord which bears North 69°19'21" West, 50.41' to the Point of Beginning; Thence North 89°54'16" West, a distance of 32.77 feet; Thence North 64°54'59" West, a distance of 15.03 feet to the south line of said Fort Collins Retail Center and the beginning of a non -tangent curve to the right; Thence along the south line of said Fort Collins Retail Center, 46.91 feet along the are of a said curve having a radius of 216.00 feet, a central angle of 12°26'31", and being sub -tended by a chord which bears South 82114'40" East, a distance of 46.81 feet to the Point of Beginning. County of Larimer, State of Colorado. The above described parcel contains a gross area of 145 square feet (0.003 acres), more or less. Basis of Bearings: South 89°53'00" West, along the South line of the Southwest Quarter of Section 36, Township 7 North, Range 69 West of the 6th P.M., as shown on the final plat of "Harmony Centre" and being monumented at the Southwest comer by a 2 %:" aluminum cap, marked "Drexel Barrel & Co.", L.S. illegible in a monument box, and by a 2 Y2" aluminum cap, L.S. 14823 in a monument box. For and on behalf of Nolte Associates, Inc. Laine A. Landau, Colorado P.L.S. 31159: ^°Y� 1901 Sharp Point Drive, Suite A��59 Fort Collins, Colorado 80525 970.221.2400 N:\FCB0124\Docu=nts\SURVEY\Legal Deacriptions%Er-DED-S.doc Page 1 of 2 ! . . cm § !r I � . . , } j E > \ \ \ �� 0 \ | - __ e s �a , o e h\ .\ ao w Lu LU§ , \ F_ n _JX j \ R zm ■ z0 | C5 ^ � § _ \ ® \ ] }-` \< tCL § CC, o \ \ \ \ / o ( \\�/ 0 7 fa ) )�:§:| i§ M 7 . || : ! .| / __j n = §| MUM Pavilion Lane Vacation Description Exhibit D A parcel of land located in the Southwest Quarter of Section 36, Township 7 North, Range 69 West of the 6ib P.M, County of Latimer, State of Colorado, said parcel being a portion of that property described in document recorded as Reception No. 97074165 and being more particularly described as follows: Commencing at the Southeast comer of Fort Collins Retail Center; Thence North 62037' 18" West, along the south line of said Fort Collins Retail Center, a distance of 7,51 feet to the beginning of a tangent etave to the left; Thence continuing along the south line of said Fort Collins Retail Center, 50.52 feet along the are of said curve having a radius of 216.00 feet, a central angle of 13024'07", and being subtended by a chord which bears North 69019'21" West, 50,41 feet; Thence North 89054'16" East, a distance of 7.96 feet to the beginning of a tangent curve to the right; Thence 4.44 feet along the are of said curve having a radius of 30.00 feet, a central angle of 8028'43", and being sub -tended by a chord which bears South 85o51'23" East, 4.44 feet; Thence South 81°37'01"East, a distance of 39.64 feet to the beginning of a tangent curve to the left; Thence 4.44 feet along the we of said curve having a radius of 30.00 feet, a central angle of 8028'43", and being sub -tended by a chord which bears South 85°51'23" East, 4.44 feet; Thence North 89'54' 16" East, a distance of 22.06 feet to the beginning of a tangent curve to the left; Thence 85.02 feet along the are of said curve having a radius of 536.00 feet, a central angle of 9005'17" and being sub -tended by a chord which bears North 85021'38" East, 84.93 feet to the easterly line of that property described in document recorded as Reception No. 97074165 and the beginning of a non -tangent curve to the right; Thence along the easterly line of that property described in document recorded as Reception No. 97074165, 162.00 feet along the arc of said curve having a radius of 45.00 feet, a central angle of 206015'42" and being sub -tended by a chord which bears South 60005125" West, 87.65 feet to the beginning of a reverse curve; Thence 35.20 feet along the southerly line of that property described in document recorded as Reception No. 97074165 along the arc of said curve having a radius of 44.00 feet, a central angle of 45°50'34" and being sub -tended by a chord which bears North 39°42'01" West, 34.27 feet; Thence continuing along the southerly line of that property described in document recorded as Reception No. 97074165, North 62°37'18" West, a distance of 12.46 feet to the east line of said Fort Collins Retail Center; Thence South 00007'01" East, along the east line of said Fort Collins Retail Center, a distance of 10.15 feet to the Point of Beginning. County of Larimeq State of Colorado The above described parcel contains a gross area of 6,308 square feet (0.145 acres), more or less. Basis of Bearings: South 890531001, West, along the South line of the Southwest Quarter of Section 36, Township 7 North, Range 69 West of the 6th P.M, as shown on the final plat of "Harmony Centre" and being monumented at the Southwest comer by a 2 Ya' aluminum cap, marked "Drexel Barrel & Co.", L.S. illegible in a monument box, and by a 2 Vi' aluminum cap, L.S. 14823� �''ar1.q, onument box. For and on behalf of NolteAssociates°•iu.- Lame A. Landau, Colors .11S. 31159 1901 Sharp Point Drive, S LAV+f�� Fort Collins, Colorado 8052 970.221.2400 NAFCB0124�ocus %\SORVEygxpl De uiplimsl T-VAC.doc Page I of 2 5/17/2005 Pavilion Lane Slope Easement Vacation Description Exhibit E A slope easement of land located in the Southwest Quarter of Section 36, Township 7 North, Range 69 West of the 6`h P.M., County of Larimer, State of Colorado, said parcel being that easement described in document recorded as Reception No. 97074169 and being more particularly described as follows: Beginning at the Southwest corner of that easement described in document recorded as Reception No. 97074169; Thence North 00000'00" East, a distance of 1.37 feet to the beginning of a tangent curve to the right; Thence 35.55 feet along the arc of said curve having a radius of 44.00 feet, a central angle of 46°17'23" and being sub -tended by a chord which bears North 23°08'41" East, 34.59 feet to the beginning of areverse curve to the left; Thence 121.54 feet along the are of said curve having a radius of 45.000 feet, a central angle of 154'45' 15", and being sub -tended by a chord which bears North 31 °05' 14" West, 87.82 feet to the beginning of a reverse curve to the right; Thence 22.48 feet along the arc of said curve to the right having a radius of 44.00 feet, a central angle of 29016' 15", and being sub -tended by a chord which bears North 86' 10' 15" East, 22.23 feet to the beginning of a non -tangent curve to the right; Thence 160.32 feet along the are of said curve having a radius of 55.00 feet, a central angle of 167e00'52" and being sub- tended by a chord which bears South 47°59'00" East, 109.29 feet to the beginning of a reverse curve to the left; thence 15.50 feet along the arc of said curve having a radius of 25.00 feet, a central angle of 35°31'25" and being sub -tended by a chord which bears South 17°45'44" West, 15.25 feet; Thence South 00°00'01" West, a distance of 19.22 feet; Thence North 90000'00" West, a distance of 22.61 feet to the Point of Beginning. County of Larimer, State of Colorado. The above described parcel contains a gross area of 2,082 square feet (0.048 acres), more or less. Basis of Bearings: South 89053'00" West, along the South line of the Southwest Quarter of Section 36, Township 7 North, Range 69 West of the 6th P.M., as shown on the final plat of "Harmony Centre" and being monumented at the Southwest comer by a 2 %" aluminum cap, marked "Drexel Barrel & Co.", L.S. illegible in a monument box, and by a 2 V2" aluminum cap, L.S. 14823 in a monument box. For and on behalf of Nolte Associates, Inc. 011 Laine A. 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