CITY OF GRAND JUNCTION

 Resolution No. 26-99

VACATING A DRAINAGE EASEMENT

ON MOONRIDGE FALLS LOT 5A SUBDIVISION

LOCATED ON SOUTH SIDE OF FALLS VIEW CIRCLE, WEST OF ATCHEE LANE

Recitals.

 A request has been made to vacate the 15-foot wide drainage easement located on Moonridge Falls Lot 5A Subdivision. This easement was dedicated on Moonridge Falls Subdivision Filing No. Four and was located between Lots 5 and 6, Block 3. One owner has purchased these two lots and replatted into a single lot referred to as Lot 5A. Vacating the easement allows the construction of a tennis court to be constructed on the lot.

 The City Development Engineer has determined that the drainage easement is no longer needed at this location due to the construction of a driveway that conveys water to the street rather than across this lot. Although this easement was dedicated on the plat to the property/homeowners association, it requires vacation through a public process since it was created on the plat through a public process.

 At its February 16, 1999 hearing the Planning Commission found that the easement vacation conforms to the criteria in Section 8-3 of the Zoning and Development Code and recommended approval of this request.

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

 City Council finds that the vacation meets the criteria set forth in Section 8-3 of the Grand Junction Zoning and Development Code and in accordance therewith the following described drainage easement is hereby vacated:

Beginning at the northwest corner of Lot 5A of “Moonridge Falls Lot 5A Subdivision” as recorded in Plat Book 16 at page 374 of Mesa County real property records;

Thence N74º57’20”E along the northwest line of said Lot 5A, for a distance of 67.35 feet; thence N57º21’18”E along the northwest line of said Lot 5A, a distance of 7.50 feet; thence S33º19’34”E 133.74 feet to the southeast line of said Lot 5A; thence S37º03’05”W along said southeast line of Lot 5A, a distance of 15.92 feet; thence N33º19’34”W 133.76 feet; thence S74º57’20”W 61.93 feet to the westerly line of said Lot 5A; thence N15º02’40”W along said westerly line of Lot 5A, a distance of 7.50 feet to the point of beginning.

PASSED and ADOPTED this 3rd day of March, 1999.

ATTEST:

/s/ Stephanie Nye____            /s/ Janet Terry__________

City Clerk              President of City Council