CITY OF GRAND JUNCTION
ORDINANCE NO. 4422
AN ORDINANCE VACATING EXCESS RIGHT-OF-WAY FOR WEST INDIAN CREEK DRIVE LOCATED WITHIN PEPPER TREE FILING NO. 3
(PEPPER RIDGE SUBDIVISION)
RECITALS:
A vacation of the dedicated right-of-way for has been requested by the adjoining property owner.
The City Council finds that the request is consistent with the Comprehensive Plan, the Grand Valley Circulation Plan and Section 2.11 of the 2000 Zoning and Development Code.
The Planning Commission, having heard and considered the request, found the criteria of the Code to have been met, and recommends that the vacation be approved.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION THAT:
The following described dedicated right-of-way for is hereby vacated subject to the listed conditions:
1. Applicant shall dedicate additional right-of-way for West Indian Creek Drive through Lot 6 of Pepper Tree Filing No. 4, either via plat or separate instrument, prior to the recording of this Ordinance.
2. The area described herein shall be retained as a temporary multi-purpose easement on, along, over, under, through and across the described area for City-approved utilities including the installation, operation, maintenance and repair of said utilities and appurtenances which may include but are not limited to electric lines, cable TV lines, natural gas pipelines, sanitary sewer lines, storm sewers, waterlines, telephone lines.
3. Said multi-purpose easement shall be extinguished upon relocation of utilities into new easements or right-of-way.
4. Applicants shall pay all recording/documentary fees for the Vacation Ordinance.
The following right-of-way is shown on the attached exhibit, made part of this vacation.
Dedicated right-of-way to be vacated:
A PORTION OF THE RIGHT-OF-WAY FOR WEST INDIAN CREEK DRIVE, DEDICATED ON THE FINAL PLAT OF PEPPER TREE FILING No. 3, A SUBDIVISION RECORDED AT RECEPTION NUMBER 1332676 IN THE RECORDS OF THE OFFICE OF THE MESA COUNTY CLERK AND RECORDER, LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 1 SOUTH, RANGE 1 EAST OF THE UTE MERIDIAN, CITY OF GRAND JUNCTION, COUNTY OF MESA, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS:
“COMMENCING” AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 7 AND CONSIDERING THE WEST LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER TO BEAR NORTH 00°01’11” WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE NORTH 00°01’11” WEST, ALONG SAID WEST LINE, A DISTANCE OF 392.99 FEET TO THE SOUTHWEST CORNER OF SAID PEPPER TREE FILING No. 3;
THENCE SOUTH 89°59’09” EAST, ALONG THE SOUTHERLY LINE OF SAID PEPPER TREE FILING No. 3, A DISTANCE OF 50.04 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID WEST INDIAN CREEK DRIVE AND THE “POINT OF BEGINNING”;
THENCE NORTH 44°58’46” EAST, ALONG SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 21.97 FEET TO A POINT OF CURVE;
THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY LINE, ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 33°47’55, A RADIUS OF 128.00 FEET, AN ARC LENGTH OF 75.51 FEET AND A CHORD WHICH BEARS NORTH 28°04’48” EAST, A DISTANCE OF 74.42 FEET TO A NON-TANGENT POINT;
THENCE SOUTH 04°47’16” EAST, A DISTANCE OF 32.11 FEET TO A POINT OF CURVE;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 16°54’11”, A RADIUS OF 156.50 FEET, AN ARC LENGTH OF 46.17 FEET, AND A CHORD WHICH BEARS SOUTH 13°14’22” EAST, A DISTANCE OF 46.00 FEET TO A NON-TANGENT POINT OF CURVE ON THE SOUTHERLY LINE OF SAID PEPPER TREE FILING No. 3, WHENCE THE RADIUS POINT BEARS NORTH 53°47’59” WEST;
THENCE ALONG SAID SOUTHERLY LINE OF PEPPER TREE FILING No. 3 THE FOLLOWING 3 (three) COURSES:
1) SOUTHWESTERLY ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 01°51’49”, A RADIUS OF 172.00 FEET, AN ARC LENGTH OF 5.59 FEET AND A CHORD WHICH BEARS S 37°07’55” WEST, A DISTANCE OF 5.59 FEET TO A NON-TANGENT POINT;
2) NORTH 48°36’43” WEST, A DISTANCE OF 0.04 FEET;
3) NORTH 89°59’09” WEST, A DISTANCE OF 60.37 FEET TO THE “POINT OF BEGINNING”.
CONTAINING 0.044 ACRES OR 1938 SQUARE FEET, MORE OR LESS.
INTRODUCED on first reading on the 5th day of April, 2010.
ADOPTED on second reading the 5th day of May, 2010.
ATTEST:
/s/ Teresa A. Coons
President of City Council
/s/ Stephanie Tuin
City Clerk
