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HomeMy WebLinkAboutPROVINCETOWNE PUD SECOND - Filed RV-ROW VACATION - 2008-03-26EM M ORDINANCE NO. 168, 2006 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING PORTIONS OF RIGHT-OF-WAY AS DEDICATED ON THE PLAT OF PROVINCETOWNE P.U.D., FILING NO. 2 WHEREAS, the plat of Provincetowne, Filing Two, included a dedication to the public of certain public rights -of -way; and WHEREAS, the City has approved a project development plan for a project entitled "Provincetowne, Filing Three" (the "PDP"), which PDP replats a portion of Provincetowne, Filing Two and property abutting said rights -of -way; and WHEREAS, the approval of the PDP necessitates the vacation of portions of the original right-of-way for Bellewood Court and Eden Ridge Court as dedicated on the plat of Provincetowne, Filing Two, which portions are more particularly described on Exhibits "A", and "B", attached hereto and incorporated herein by this reference; and WHEREAS, said portions of right-of-way are no longer necessary or desirable to retain for street purposes due to the approval of the PDP, which extends said right-of-ways, thereby eliminating the need for cul-de-sac bulbs; and WHEREAS, pertinent City agencies and private utility companies have been contacted and reported no objection to the proposed vacation, provided that temporary access, drainage and public utility easements be reserved unto the City until such time that all public streets, public infrastructure and utility relocations have been completed in accordance with the approved final plans for the PDP and the City has accepted the streets for maintenance; 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 Exhibits "A" and `B", are hereby vacated, abated and abolished, reserving the same unto the City as an access, drainage and utility easement. RECEPTION#: 20070007420, 01/30/2007 at 10:44:04 AM, 1 OF 8, R $41.00 Scott Doyle, Larimer County, CO CITY OP FORT COLLINS V 300 LAPORTE AVE PORT COLLINS, CO 30521 ..' �rOLGAt�: it rrd Introduced, considered favorably on first reading, and ordered published this 17th day of October, A.D. 2006, and to be presented for final passage on the 7th day of November, A.D. 2006. �,"• � . Mayor City Clerk Passed and adopted on final reading on the 7th day of ember, A.D. 2006. <a r" May A 1"F -ST7 City Cicrk `00 *40 EXHIBIT "A" Page 1 of 3 LEGAL DESCRIPTION EAST PORTION OF RIGHT-OF-WAY VACATION A TRACT OF LAND LOCATED IN PROVINCETOWNE PU.D. FILING NO. 2, BEING LOCATED IN A PORTION OF SECTION 13, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH PM, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARING: THE SOUTHEASTERLY LINE OF OUTLOT I OF SAID SUBDIVISION, AS BEARING N4000743"E. COMMENCING AT THE SOUTHERLY CORNER OF SAID OUTLOT 1; THENCE N40007'43"E, ON SAID SOUTHEASTERLY LINE, A DISTANCE OF 344.95 FEET, TO A POINT OF CURVATURE, SAID POINT BEING ON THE RIGHT-OF-WAY LINE OF EDEN RIDGE COURT; THENCE ON THE ARC OF A NON -TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 34056'42" AND A RADIUS OF 55.00 FEET, AN ARC LENGTH OF 33.54 FEET, THE CHORD OF SAID CURVE BEARING S67019'50"E, WITH A DISTANCE OF 33.02 FEET, TO THE POINT OF BEGINNING; THENCE N40007'43"E, A DISTANCE OF 111.28 FEET, TO A POINT OF CURVATURE. SAID POINT BEING ON SAID RIGHT-OF-WAY; THENCE ON SAID RIGHT-OF-WAY THE FOLLOWING TWO (2) COURSES; 1. THENCE ON THE ARC OF A NON -TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 39006'21" AND A RADIUS OF 50.00 FEET, AN ARC LENGTH OF 34.11 FEET, THE CHORD OF SAID CURVE BEARING S20035'06"W, WITH A DISTANCE OF 33.45 FEET, TO A POINT OF REVERSE CURVATURE; 2. THENCE ON THE ARC OF A REVERSE CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 94009'54" AND A RADIUS OF 55.00 FEET, AN ARC LENGTH OF 90.38 FEET, THE CHORD OF SAID CURVE BEARING S48006'52"W, WITH A DISTANCE OF 80.54 FEET, TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 1,534 SQUARE FEET. LEGAL DESCRIPTION WEST PORTION OF RIGHT-OF-WAY VACATION A TRACT OF LAND LOCATED IN PROVINCETOWNE P.U.D. FILING NO. 2, BEING LOCATED INA PORTION OF SECTION 13, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH PM, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARING: THE SOUTHEASTERLY LINE OF OUTLOT I OF SAID SUBDIVISION, AS BEARING N40007'43"E. COMMENCING AT THE SOUTHERLY CORNER OF SAID OUTLOT I; THENCE N40007'43"E, ON SAID SOUTHEASTERLY LINE, A DISTANCE OF 344.95 FEET, TO A POINT OF CURVATURE, SAID POINT BEING ON THE RIGHT-OF-WAY LINE OF EDEN RIDGE COURT: X-U940GW.aIN945900PWbrd'Lcyls\3943900LX2 EDEN RIDGE VACATION.Auc PAGE OF m r1d EXHIBIT "A" Page 2 of 3 THENCE ON SAID RIGHT-OF-WAY THE FOLLOWING THREE (3) COURSES; 1. THENCE ON THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 34056'55" AND A. RADIUS OF 55.00 FEET, AN ARC LENGTH OF 33.55 FEET, THE CHORD OF SAID CURVE BEARING N32022'47"W, WITH A DISTANCE OF 33.03 FEET, TO THE POINT OF BEGINNING; 2. THENCE CONTINUING ON THE ABOVE DESCRIBED RADIUS, SAID CURVE HAVING A DELTA OF 94006 1 l" AND A RADIUS OF 55.00 FEET, AN ARC LENGTH OF 90.33 FEET, THE CHORD OF SAID CURVE BEARING N3200S'47"E, WITH A DISTANCE OF 80.51 FEET, TO A POINT OF REVERSE CURVATURE; 3. THENCE ON THE ARC OF A REVERSE CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 39004'09" AND A RADIUS OF 50.00 FEET, AN ARC LENGTH OF 34.09 FEET, THE CHORD OF SAID CURVE BEARING N59039'48"E, WITH A DISTANCE OF 33.44 FEET, TO A POINT OF NON -TANGENCY; THENCE S 40007'43" W, A DISTANCE OF 111.25 FEET, TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 1,533 SQUARE FEET. 1, CHAD R. WASHBURN, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION, AND BELIEF, ARE CORRECT. CHAD R. WASHBURN, PLS w COLORADO PLS NO. 37963 FOR AND ON THE BEHALF OF JR ENGINEERING LLC. 2620 EAST PROSPECT ROAD, SUITE 190 FORT COLLINS, CO. 80525 THIS LEGAL OFSCRIPTION DOES NOT CON'STITL'T£ A IITLE SEARCH BY JR ENGMEERLNG TO DETERMINE OWNERSHIP OF 17IIS ]'RICT OR VERIFY EASEMENTS OF RECORD. JR ENGINEERING AND 'FNE SURVEYOR OF RECORD ASSUMES W RF.SPON'SIBIUTY FOR OWNERWIP RICERS OR EXLS'TJNG EASEMENT RIGHTS AND RECOMMENDS CONS'ULTATJO,V 1VTl➢l AN ATTORNEY. Xi 394 W00a11'39459W\WarcFLegaN 39459WDU EDEN RIDGE VACA DON.dw PAGE 2OF2 EXHIBIT "A" EXHIBIT A Page 3 013 � R G O' h=39104'09' & ,o+ - \C\ Q \�/ CH=33.44' N5939WE '` Q• Off, QR� J Q O 00' R-55.�� Or ,y3PGf' / L-9000' CH=80.51' N32'Oe'47"E A�lOA / L-39MG'21' R=50.00' La34.11' CH=33.45' S20'3VO6'W POINT NOF EST NNNG/ kpA �'�eSF r �Gy ' M94'09'S4' e1=345 R-55.00' .00\L.9078' d.•''ilil CH=90.54' L=33.55' S48V6.52'W CH=33.03' 4f N3222'47'W R=55.00' / L-33.54' POINT OF BEGINNING EAST PORTION — S6719'50'E SOUTHERLY CORNER OF OUTLOTI POINT OF COMMENCEIAENT NOTE: THIS DRAWING DOES NOT REPRESENT A MONUMENTED SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. 30 15 0 30 SCALE: 1" = 30' EDEN RIDGE R.O.W. VACATION PROVINCETOWNE FILING THREE JOB NO. 39459.00 SEPTEMBER 29, 2006 SHEET 1 OF 1 J-R ENGINEERING ANwwcapry 9m�ItonmRvd9le90•FrtCaAW e� EXHIBIT "B" Page 1 of 3 LEGAL DESCRIPTION WEST PORTION RIGHT-OF-WAY VACATION A TRACT OF LAND LOCATED IN PROVINCETOWNE P.U.D. FILING NO. 2, BEING LOCATED IN A PORTION OF SECTION 13, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH PM, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARING: THE NORTHWESTERLY LINE OF OUTLOT I OF SAID SUBDIVISION, AS BEARING N 40007'43" E. COMMENCING AT THE WESTERLY CORNER OF SAID OUTLOT I; THENCE N 40007'43" E, ON SAID NORTHWESTERLY LINE, A DISTANCE OF 333.48 FEET, TO A POINT OF CURVATURE, SAID POINT BEING ON THE RIGHT-OF-WAY LINE OF BELLEWOODCOURT; THENCE ON SAID RIGHT-OF-WAY THE FOLLOWING THREE (3) COURSES; I. THENCE ON THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 34056'26" AND A RADIUS OF 55.00 FEET, AN ARC LENGTH OF 33.54 FEET, THE CHORD OF SAID CURVE BEARING N 32024'04" W, WITH A DISTANCE OF 33.02 FEET, TO A POINT OF NON -TANGENCY AND THE POINT OF BEGINNING; 2. THENCE CONTINUING ON THE ABOVE DESCRIBED RADIUS, SAID CURVE HAVING A DELTA OF 94008'47" AND A RADIUS OF 55.00 FEET, AN ARC LENGTH OF 90.37 FEET, THE CHORD OF SAID CURVE BEARING N 32008'33" E, WITH A DISTANCE OF 80.54 FEET, TO A POINT OF REVERSE CURVATURE; 3. THENCE ON THE ARC OF A REVERSE CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 39005'13" AND A RADIUS OF 50.00 FEET, AN ARC LENGTH OF 34.11 FEET, THE CHORD OF SAID CURVE BEARING N 59040' 19" E, WITH A DISTANCE OF 33 A5 FEET, TO A POINT OF NON -TANGENCY; THENCE S 4000743" W, A DISTANCE OF 11129 FEET, TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 1.535 SQUARE FEET. LEGAL DESCRIPTION EAST PORTION RIGHT-OF-WAV VACATION A TRACT OF LAND LOCATED IN PROVINCETOWNE P.U.D. FILING NO. 2, BEING LOCATED IN A PORTION OF SECTION I3, TOWNSHIP 6 NORTH, RANGE 69 WEST OF THE 6TH PM, COUNTY OF LARIMER, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS; BASIS OF BEARING: THE NORTHWESTERLY LINE OF OUTLOT I OF SAID SUBDIVISION, AS BEARING N 40007'43" E. COMMENCING AT THE WESTERLY CORNER OF SAID OUTLOT I; THENCE N 40007'43" E, ON SAID NORTHWESTERLY LINE, A DISTANCE OF 333.48 FEET, TO A POINT OF CURVATURE, SAID POINT BEING ON THE RIGHT-OF-WAY LINE OF BELLEWOOD COURT; THENCE ON SAID RIGHT-OF-WAY THE FOLLOWING THREE (3) COURSES; X:'3940000.all'd945900\WordL ,a63N5900LXI BELLEWOOD VACATION do PAGE OF %w v4100 EXHIBIT "B" Page 2 of 3 I. THENCE ON THE ARC OF A NON -TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 34°5626" AND A RADIUS OF 55.00, A DISTANCE OF 33.54 FEET, THE CHORD OF SAID CURVE BEARING S67°20'30"E, WITH A DISTANCE OF 33.02 FEET, TO A POINT OF NON -TANGENCY, AND THE POINT OF BEGINNING; 2. THENCE N40-07-43"E, A DISTANCE OF 111.29 FEET, TO A POINT OF CURVATURE; 3. THENCE ON THE ARC OF A NON -TANGENT CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 39°05'13" AND A RADIUS OF 50,00 FEET, A DISTANCE OF 34.11 FEET, THE CHORD OF SAID CURVE BEARING S20°3507"W, WITH A LENGTH OF 33.45 FEET, TO A POINT OF REVERSE CURVATURE; THENCE ON THE ARC OF A TANGENT CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA OF 94°08'47" AND A RADIUS OF 55.00 FEET, A DISTANCE OF 90.37 FEET, THE CHORD OF SAID CURVE BEARING S48°06'53"W, WITH A LENGTH OF 80,54 FEET, TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 1,535 SQUARE FEET. 1, CHAD R. WASHBURN, A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION, AND BELI EII ^_CORRECT. COLORADO PLS NO. 37963 FOR AND ON THE BEHALF OF JR ENGINEERING 2620 EAST PROSPECT ROAD, SUITE 190 FORT COLLINS, CO. 80525 7711S LEGAL DESCRIPTION DOES .V'OT COM17VTY. A 77TLE SEARCH BY JR EA'GLVEERING TO OETERMM E OWNERSIIIP OF THIS TRACT OR VERIFY EASEMEWS OF RECORD JR ENGLVEERLVG AVD THE SURI'EYOR OF RECORD ASS(; MPS NO Af OkN$/B/LfTY FOR OWNERSHIP RIG EXISTING EASEMENT R/GHTS A,VD RECOA k1EVOS CONSUL7'ATIO.S W/TN AN ATTORNEY XN3 4O0 .NI1i9459N0 WoM'L a l,s 945WDLX1 BELLE WOOD VACATION.dw PAGE 2 OF 2 I A=9408'47' CH-80.5s' N3208'33"E POINT OF 8 NEST kY CORNER OF OUTLOTI OF COMMENCEMENT NOTE: THIS DRAINING DOES NOT REPRESENT A MONUMENTED SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. EXHIBIT "B" EXHIBIT B Page 3of3 A-3905.13" R-50.00' L-34.11' CH-33.45' N59'40'19"E b-3456'26' R-55.00' L-33.54' d-34'56'26" R-55.00' L-33.54' , ti 2 000�3 J0 , ,eso &3905'13" POINT OF BEGINNING EAST PORTION R-50.00 '. L-34.11' CH-33.45' S20'35.07"W L=90.37' CH-80.54' S4808'53'W 30 15 0 30 SCALE: 1' = 30' BELLEW000 R.O.W. VACATION PROVINCETOWNE FILING THREE JOB NO. 39459.00 FEBRUARY 22, 2006 SHEET 1 OF 1 J'R ENGINEERING ♦nminc.pv