CITY OF GRAND JUNCTION, COLORADO

Resolution No. 49-98

VACATING A PORTION OF AN UTILITY EASEMENT - 1114 N. 1st STREET

Recitals:

 The applicant is proposing to develop the vacant parcel at 1114 North 1st Street for commercial/retail plaza. The parcel is odd-shaped and is crossed by several wide utility and drainage easements. In order to create a more developable parcel, the applicant is requesting that a portion of the existing utility easement along the southeast property line be vacated. The utilities presently in the easement will be relocated to a new easement which has already been determined and agreed upon by the affected utilities.

 The Planning Commission, having heard and considered the request and found the criteria of Section 8-3 of the Zoning and Development Code to have been met, recommended approval of the vacation request.

 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION THAT THE PORTION OF A UTILITY EASEMENT DESCRIBED BELOW IS HEREBY VACATED SUBJECT TO A NEW EASEMENT ON THE PARCEL BEING RECORDED PRIOR TO THIS RESOLUTION BEING EFFECTIVE:

Commencing at the Southeasternmost Corner of Lot 1, Sherwood Park Minor Subdivision, situate in the Southwest 1/4 of Section 11, Township 1 South, Range 1 West of the Ute Meridian, City of Grand Junction, County of Mesa, State of Colorado as recorded in Plat Book 15 at Page 110 in the office of the Mesa County Clerk and Recoder; thence N 44 degrees 45 minutes 22 seconds E along the easterly boundary line of said Lot 1 a distance of 76.56 feet; thence leaving said easterly boundary line and along the boundary line of an existing utility easement, N 48 degrees 56 minutes 48 seconds W a distance of 10.39 feet to the True Point of Beginning;

thence N 41 degrees 03 minutes 12 seconds E a distance of 202.53 feet;

thence N 21 degrees 08 minutes 30 seconds E a distance of 19.91 feet;

thence S 70 degrees 31 minutes 21 seconds E a distance of 13.96 feet;

thence S 21 degrees 08 minutes 30 seconds W a distance of 21.04 feet;

thence S 44 degrees 45 minutes 22 seconds W a distance of 207.03 feet to the Point of Beginning,

containing 1,639.66 square feet as described herein and depicted on Exhibit “A” attached hereto and incorporated herein by reference.

PASSED and APPROVED this 19th day of August, 1998.

ATTEST:

/s/ Stephanie Nye          /s/ Janet L. Terry      

City Clerk            President of Council