HomeMy WebLinkAboutK MART - Filed RD-ROW DEDICATION - 2014-05-30RECEPTION#: 20140026005, 05/21/2014 at
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Angela Myers, Clerk & Recorder, Larimer
County, CO
ORDINANCE NO. 062, 2014
OF THE COUNCIL OF THE CITY OF FORT COLLINS
VACATING A PORTION OF STREET RIGHT-OF-WAY DEDICATED
TO THE CITY IN 1974 AS PART OF THE KMART DEVELOPMENT
WHEREAS, in 1974, a deed recorded in Book 1605 at Page 310 of the Larimer County
Records dedicated to the City a street right-of-way located at the rear of the building at 2505
South College Avenue (Kmart store) and east of the Burlington Northern Santa Fe railroad
tracks; and
WHEREAS, a portion of that right-of-way is not currently used as a street and is no
longer needed for public street purposes; and
WHEREAS, the property owners of 2505 South College Avenue have requested that this
portion of the right-of-way be vacated; and
WHEREAS, pertinent land owners, City agencies, and private utility companies have
been contacted and have reported no objection to the proposed vacation; and
WHEREAS, the right of the residents of the City 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 dedicated street right-of-way located at the rear of the
building at 2505 South College Avenue and east of the Burlington Northern Santa Fe railroad
tracts, 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 a
utility easement.
Introduced, considered favorably on first reading, and ordered published this 15th day of
April, A.D. 2014, and to be presented for final passage on the 6th day of May, A.D. 2014.
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Passed and adopted on final reading on the 6th day of May, A.D. 2014.
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DESCRIPTION OF A TRACT OF LAND TO BE VACATED AS A PUBLIC STREET
A TRACT OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 23,
TOWNSHIP 7 NORTH RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF
FORT COLLINS, LARIMER COUNTY, COLORADO; BEING THE EAST 27.49 FEET OF THAT
PORTION OF THAT TRACT DESCRIBED IN THE STREET DEDICATION RECORDED IN
BOOK 1605, PAGE 310 WHICH LIES WITHIN TRACT 2 OF THE PLAT OF EXTENTION OF
K-MART PLAZA, A PLAT OF RECORD WITH THE CLERK AND RECORDER OF THE SAID
LARIMER COUNTY; SAID TRACT ALSO BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 23. AND CONSIDERING
THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 23 AS BEARING
NORTH 89 DEGREES 26 MINUTES 43 SECONDS WEST BETWEEN A 3" ALUMINUM CAP
MONUMENT AT THE SOUTHEAST CORNER AND A 3' ALUMINUM CAP MONUMENT AT
THE SOUTH QUARTER CORNER OF SECTION 23, BASED UPON G.P.S. OBSERVATIONS
AND THE CITY OF FORT COLLINS COORDINATE SYSTEM, AND WITH ALL BEARINGS
CONTAINED HEREIN RELATIVE THERETO;
THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION
23, NORTH 89 DEGREES 26 MINUTES 43 SECONDS WEST FOR A DISTANCE OF 788.05
FEET TO THE EASTERLY RIGHT OF WAY OF THE BNSF RAILWAY;
THENCE ALONG SAID EASTERLY RIGHT OF WAY, NORTH 01 DEGREES 23 MINUTES 12
SECONDS EAST FOR A DISTANCE OF 785.30 FEET TO THE SOUTHWEST CORNER OF
SAID TRACT DESCRIBED IN BOOK 1605, PAGE 310;
THENCE ALONG THE SOUTH LINE OF SAID TRACT, SOUTH 89 DEGREES 26 MINUTES
43 SECONDS EAST FOR A DISTANCE OF 28.00 FEET TO THE POINT OF BEGINNING;
THENCE N01°23'12"E, A DISTANCE OF 64.29 FEET TO A POINT ON THE NORTH LINE OF
SAID TRACT 2, EXTENTION OF K-MART PLAZA;
THENCE ALONG SAID NORTH LINE, S89029'41 "E, A DISTANCE OF 27.49 FEET TO A
POINT ON THE EAST LINE OF SAID TRACT DESCRIBED IN BOOK 1605, PAGE 310;
THENCE S01 023`12'W, A DISTANCE OF 64.32 FEET TO THE SOUTHEAST CORNER OF
SAID TRACT;
THENCE ALONG THE SOUTH LINE OF SAID TRACT, NSM043" W, A DISTANCE OF 27.49
FEET TO THE POINT OF BEGINNING.
CONTAINING 1,768 SQUARE FEET (0.041 ACRES), MORE OR LESS, AND BEING
SUBJECT TO ALL EASEMENTS AND RIGHTS -OF -WAY OF RECORD OR THAT NOW EXIST
ON THE GROUND.
I HEREBY STATE THAT THE ABOVE DESCRIPTION WAS PREPARED BY ME AND IS
TRUE AND CORRECT TO THE BEST OF MY PROFESSIONAL 1 LEDGE, BELIEF, AND
OPINION. O REG�
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JOHN STEVEN VON NIEDA, COLORADO P.L.S. 31169
FOR AND ON BEHALF OF THE CITY OF FORT COLLINS ""gip
P.O. BOX 580, FORT COLLINS, CO 80522
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