ORDINANCE NO. 3695
AN ORDINANCE VACATING RIGHT-OF-WAY LOCATED WITHIN BLOCK 13 OF THE MILLDALE SUBDIVISION
Recitals:
A request to vacate the remaining portion of the public right-of-way within Block 13 of the Milldale Subdivision adjacent to the southern edge of Lots 1 through 13 and adjacent to the north edge of Lots 20 through 32. The City shall reserve and retain a perpetual Multipurpose Easement on, along, over, under, through and across the entire area of the right-of-way to be vacated.
The City Council finds that the request to vacate the herein described right-of-way with the reservation to retain the easement is consistent with the Growth Plan and Section 2.11 of the Zoning and Development Code.
The Planning Commission, having heard and considered the request on November 9, 2004, found the criteria of the Zoning and Development Code to have been met, and recommends that the vacation be approved as requested subject to the condition that the City shall reserve and retain a perpetual Multipurpose Easement on, along, over, under, through and across the entire area of the hereinafter described right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION THAT:
The described right-of-way in the attached Exhibit A which is incorporated herein as if fully rewritten is hereby vacated and a perpetual Multipurpose Easement is hereby reserved and retained on, along, over, under, through and across the entire area of the described right-of-way for the use of City-approved: utilities and public providers as perpetual easement for the installation, operation, maintenance and repair of utilities and appurtenances including, but not limited to, electric lines, cable TV lines, natural gas pipelines, sanitary sewer lines, storm sewers, water lines, telephone lines, and also for the installation and maintenance of traffic control facilities, street lighting, landscaping, trees and grade structures together with the right of ingress and egress for workers and equipment to survey, maintain, operate, repair, replace, control and use said Easement, and to remove objects interfering therewith, including the trimming of trees and bushes as may be required to permit the operation of standard utility construction and repair machinery.
Introduced for first reading on this 17th day of November, 2004.
PASSED and ADOPTED this 1st day of December, 2004.
/s/: Gregg Palmer
Mayor Pro Tem
ATTEST:
/s/: Stephanie Tuin
City Clerk
