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HomeMy WebLinkAboutOAK STREET PLAZA CITY OF FORT COLLINS - Filed RV-ROW VACATION - 2008-02-13EXHIBIT "A" LEGAL DESCRIPTION DESCRIPTION OF A PORTION OF OAK STREET TO BE VACATED That portion of Oak Street as shown on the Original Plat of the City of Fort Collins, located in the Southeast quarter of Section 11, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado to be vacated, is more particularly described as follows; The east 134. 00 feet of Oak Street, lying west of the West Right of Way line of College Avenue. I hereby state that the above description was prepared by me and is true and correct to the best of my professional knowledge, belief and opinion. The description is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 1^A^^ P.O. BOX 580 FORT COLLINS, CO 80522 PAGE 1 of 2 ............ 0 AV ct m r 1 'iti rn MASON STREET m x � D 0 -p OCF o 0 cc D c vz O rTl q � o c) O O X = CD Z — ED O < TI 20' ALLEY 20' ALLEY D O D rn D >> fTl v D O N COLLEGE AVENUE 0 T1 N IIIIIIIII I'I�I II„IIIIIII III�� II �II L RZNEit COUNTYCLUX RCPTNK 2006-007,923 ie'114&'ee0e PAGES - 4 FEE $21.60 00C $0.00 M049979 ORDINANCE NO. 134, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING A PORTION OF STREET RIGHT-OF-WAY ON OAK STREET LOCATED WEST OF COLLEGE AVENUE, ESTABLISHED AS PART OF THE 1873 MAP OF THE TOWN OF FORT COLLINS, FOR PURPOSES OF CONSTRUCTING OAK STREET PLAZA PARK IMPROVEMENTS WHEREAS, in 1873, by an order of the Board of County Commissioners of Larimer County, the Town of Fort Collins was incorporated; and WHEREAS, in its order the Board of County Commissioners also established the Town Map, which included Oak Street right-of-way on Block I I of the Town of Fort Collins; and WHEREAS, a portion of Oak Street known as the "Oak Street Plaza" has been utilized in a limited capacity for pedestrian purposes only for a number of years; and WHEREAS, the Council desires to convert that portion of Oak Street into an urban park and to vacate that portion of the Oak Street right-of-way known as Oak Street Plaza; and WHEREAS, said portion of street right-of-way is no longer necessary or desirable to retain for street purposes; and WHEREAS, upon vacation, in accordance with Colorado law, the vacated property would revert to fee ownership by the abutting properties; and WHEREAS, the owners of the abutting properties have agreed to cooperate in a coordinated conveyance of the vacated property in fee back to the City to he utilized for the Oak Street Plaza Park improvements project; and WHEREAS, in order to ensure the coordinated conveyance of the fee interest to the City upon vacation, this ordinance has been prepared in such a manner as to not become effective until the City Clerk has recorded the same with the Larimer County Clerk and Recorder; and WHEREAS, pertinent City agencies and private utility companies have been contacted and have reported no objection to the proposed vacation, provided that an access, drainage, and utility easement be reserved unto 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 portion of street right-of-way more particularly described on Exhibit "A", attached hereto and incorporated herein by this reference, is hereby vacated, abated and abolished, reserving the same unto the City as an access, drainage and utility easement, provided, however, that such vacation shall not become effective until this ordinance has been recorded in the office of the Larimer County Clerk and Recorder by the City Clerk of the City of let (5tlr14'5 0Agc. 5S� gy52 Z j;oih;.s � EXHIBIT "A" LEGAL DESCRIPTION DESCRIPTION OF A PORTION OF OAK STREET TO BE VACATED That portion of Oak Street as shown on the Original Plat of the City of Fort Collins, located in the Southeast quarter of Section 11, Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado to be vacated, is more particularly described as follows; The east 134.00 feet of Oak Street, lying west of the West Right of Way line of College Avenue. I hereby state that the above description was prepared by me and is true and correct to the beet of my professional knowledge, belief and opinion. The description' is based upon previously recorded plats and deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 PAGE 1 of 2 It yu0uwi a + )04,� Z MASON STREET ' m n D �!O O cZi n ono O q (n Z O -� X Zai m . . �1 m O -I < -1 201 ALLEY 20 ALLEY n O D D D D �zO - 0 d: IM•i ffffffl,:S. N COLLEGE AVENUE 0 N Iftw Fort Collins or her designee, and that recording of this ordinance by any other person shall not be sufficient to cause the vacation to become effective. Proof of City Clerk recordation shall be accomplished by the City Clerk executing at the time of recordation the certification that is made a part of this ordinance. If this ordinance has not been recorded by the City Clerk, and so certified, by September 19, 2011, then this ordinance shall be of no further force and effect. Introduced, considered favorably on first reading, and ordered published this 5th day of September, A.D. 2006, and to be presented for final passage on the 19th day of September, A.D. 2006. Mayor Pgssed and adopted on final reading on the 19th day o e ember, A.D. 2006. w H' Mayo ,41 r, .. v being the City Clerk or the City of Fort Collins, do hereby certify that I have presented" is, ordinance to the Larimer County Clerk and rder for c rdat' n n this 113f'k day of OcJ�v_, 200.fo. „ City Clerk STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribe and swom to before lA�X-20, M . Subscribe vial seal, me this L� day of &4!E , 200L, by Notary Public My Commission Expires:/.?_o�r