RESOLUTION NO. 74-93

APPROVAL OF AN ADMINISTRATIVE PROCESS TO DECIDE REQUESTS TO ELIMINATE IRRIGATION AND WATER EASEMENTS "GRANTED" ON

RIDGES SUBDIVISION PLATS, FILINGS 1 THROUGH 6

 WHEREAS, the plats of various filings of the Ridges Subdivision "granted" 5 feet wide irrigation and/or water easements along all lot lines to the Ridges Metropolitan District; and

 WHEREAS, the notes on the plats for Filings 4 through 6 of the Ridges further state that the 5 foot wide easements "...may be in whole or in part or any portion thereof released by the Ridges Metropolitan District at some future date..."; and

 WHEREAS, the Ridges Metropolitan District Board had granted many requests in the past to release specific easements; and

 WHEREAS, upon annexation of the Ridges to the City, the City Council sits as the Ridges Metropolitan District Board; and

 WHEREAS, the City finds that the "grant" of the easements, rather than a "dedication," means that the elimination of such "granted" rights may be accomplished by a quit claim deed; and

 WHEREAS, an approved process is needed to provide for the review and release of those easements where appropriate.

 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION, COLORADO:

 The Community Development Director and his staff are hereby directed and authorized to review written requests and approve quit claims of City interests, where appropriate, with respect to such 5 foot wide irrigation and water easements as granted on the plats of filing 1 through 6 of the Ridges.

 The Director shall promulgate written criteria which shall be used to determine when the Director shall make a finding that a request is appropriate. Any person aggrieved by any such decision of the Director shall have a right of appeal of such administrative decision, in accordance with the provisions of the City Code which apply to an appeal to the Zoning and Development Code Board of Appeals. The Director shall collect $50.00 at the time of each such request. The Director shall be authorized to execute the quit claim document.

 PASSED and ADOPTED this 3rd day of November, 1993.

________________________________ President of the Council

Attest:

___________________________

City Clerk