RESOLUTION NO. 31-03

A RESOLUTION VACATING CERTAIN EASEMENTS

NO LONGER NEEDED BECAUSE

SEVERAL PORTIONS OF THE KANNAH CREEK FLOWLINE

HAVE BEEN RELOCATED

Recitals.

A.  The City of Grand Junction acquired various easements in 1911 to construct a main pipeline, commonly known as the Kannah Creek Flowline, to deliver water to the City’s treatment plant. In the years since 1911, the City amended certain portions of such easements to accommodate the installation, operation, maintenance, repair and replacement of the Kannah Creek Flowline.

B.  In 2002, the City relocated approximately 5.7 miles of the Kannah Creek Flowline to a location that approximately parallels the right-of-way for U.S. Highway 50. In this relocated area, the easements for the Kannah Creek Flowline are no longer necessary.

C.  The City Council of the City has found and determined that the vacation of the easements hereinafter described complies with all applicable provisions of Section 2.11C of the Zoning and Development Code.

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

 That the easements described in Exhibit “A” attached hereto and incorporated herein by reference are hereby vacated upon the following conditions:

1.  That the City shall not be obligated nor required to remove the abandoned pipeline and pipelines and any other related appurtenances situated within the easements hereby vacated.

2.  The vacation of such easements is conditioned on the City being able to abandon the described portion of the Kannah Creek Flowline in place.

3.  No other easements or facilities owned or operated by the City or any other public utility shall be vacated or otherwise affected by this action.

4.  All other easements relative to the Kannah Creek Flowline which are not described in the attached Exhibit “A” shall remain in full force and effect.

 PASSED and ADOPTED this 16^TH day of April, 2003.

         /s/: Cindy Enos-Martinez

Attest:          President of the Council

/s/: Stephanie Tuin

City Clerk

EXHIBIT “A”

Description of Vacated Pipeline Easements

City Reference No.: Easement No. 30

Grantors: Samuel B. Coen and Orville Coen

Recording Information: Book 175, Pages 190 and 191, Reception No. 104358

Legal Description: Beginning at the intersection of the Pipeline and the East line of the W ½ of the SW ¼ of the SW ¼ of Section 33, Township 1 South, Range 1 East of the Ute Meridian, which intersection is 660.70 feet East and 800.0 feet North of the Southwest corner of said Section 33;

Thence N 75^o34’ W 686.0 feet to the West line of the above described tract.

City Reference No.: Easement No. 31

Grantor: Beverly R. Currie

Recording Information: Book 175, Page 191, Reception No. 104359

Legal Description: Beginning at the intersection of the pipeline and the East line of the SE ¼ of the SE ¼ of Section 32, Township 1 South, Range 1 East of the Ute Meridian, whence the Southeast corner of said Section 32 bears South 975.0 feet;

Thence N 75^o34’ W 1357.0 feet to the West line of the said SE ¼ of the SE ¼ of Section 32.

City Reference No.: Easement No. 32 [Only a portion thereof is being vacated]

Grantors: Ida M. Campbell and Frances S. Hay

Recording Information: Book 175, Page 153, Reception No. 103171

Legal Description: Only the following described portion of the above referenced easement is being vacated: Beginning at a point 4.0 feet West of the Southeast corner of the NW ¼ of the SE ¼ of Section 32, Township 1 South, Range 1 East of the Ute Meridian, being the intersection of the Pipeline and the South line of the NW ¼ of the SE ¼ of said Section 32;

Thence N 75^o34’ W to the West line of the SE /14 of the NW ¼ of the SE ¼ of said Section 32.

This vacation does not apply to portions of the above referenced easement which are located in the SW ¼ of the NW ¼ of the SE ¼ of said Section 32.

EXHIBIT “A” continued

City Reference No.: Easement No. 33

Grantor: August S. Huck

Recording Information: Book 175, Page 246, Reception No. 106404

Legal Description: Beginning at the intersection of the Pipeline and the East line of the SE ¼ of the SW ¼ of Section 32, Township 1 South, Range 1 East of the Ute Meridian, whence the Southeast corner of said SE ¼ SW ¼ bears South 347.0 feet;

Thence N 75^o34’ W 673.0 feet to the West line of the above described tract.

City Reference No.: Easement No. 34

Grantor: Robert C. Cairns

Recording Information: Book 175, Page 239, Reception No. 106039

Legal Description: Beginning at the intersection of the Pipeline and the East line of the SW ¼ of the NE ¼ of the SW ¼ of Section 32, Township 1 South, Range 1 East of the Ute Meridian, from whence the Southeast corner of the above described tract bears South 519.0 feet;

Thence N 75^o34’ W 562.0 feet to the North line of the said SW ¼ of the NE ¼ of the SW ¼ of said Section 32.

City Reference No.: Easement No. 35

Grantor: Robert W. Hall

Recording Information: Recording information not found.

Legal Description: Beginning at the intersection of the Pipeline and the South line of the North ½ of the NE ¼ of the SW ¼ of Section 32, Township 1 South, Range 1 East of the Ute Meridian, which point is 116.0 feet East of the Southwest corner of the above described tract;

Thence N 75^o34’ W 120.0 feet to the West line of above described tract.

City Reference No.: Easement No. 36

Grantor: Alice A. Vaughn, as heir of the John S. Vaughn Estate

Recording Information: Book 175, Page 237, Reception No. 105994

Legal Description: Beginning at the intersection of the Pipeline and the East line of the NW ¼ of the SW ¼ of Section 32, Township 1 South, Range 1 East of the Ute Meridian, from whence the Northeast corner of said NW ¼ of the SW ¼ bears North 631.0 feet; Thence N 75^o34’ W 2225.0 feet;

Thence by a 4^o degree curve to the right 221.0 feet to the North line of the NE ¼ of the SE ¼ of Section 31 of said Township and Range, being 283.0 feet East of the Northwest corner of said NE ¼ SE ¼.

EXHIBIT “A” continued

City Reference No.: Easement No. 37

Grantor: The Estate of John P. Mitchell

Recording Information: Recording information not found.

Legal Description: Beginning at the intersection of the Pipeline and the South line of the SE ¼ of the NE ¼ of Section 31, Township 1 South, Range 1 East of the Ute Meridian, which is 283.0 feet East of the Southwest corner of said tract;

Thence by a 4^o degree curve right 121.0 feet;

Thence N 61^o54’ W 193.0 feet to the West line of said tract.

City Reference No.: Easement No. 38

Grantor: Reuben E. Starr

Recording Information: Book 175, Page 185 and 186, Reception No. 104159

Legal Description: Beginning 148 feet North of the Southeast corner, on the East line of the SW ¼ of the NE ¼ of Section 31, Township 1 South, Range 1 East of the Ute Meridian;

Thence N 61^o54’ W 1496.0 feet along the pipeline as located upon the ground to the West line of the said SW ¼ of the NE ¼ of Section 31.

City Reference No.: Easement No. 39

Grantor: A. J. Simonson

Recording Information: Recording information not found.

Legal Description: Beginning at the intersection of the Pipeline and the East line of the SE ¼ of the NW ¼ of Section 31, Township 1 South, Range 1 East of the Ute Meridian, whence the Northeast corner of said SE ¼ NW ¼ of Section 31 bears North 473.0 feet;

Thence N 61^o54’ W 216.0 feet;

Thence by a 2^o degree curve left 177.0 feet to the North line of the South 3/4ths of the said SE ¼ of the NW ¼ of Section 31.

City Reference No.: Easement No. 40

Grantor: Patrick Liston

Recording Information: Book 175, Pages 184 and 185, Reception No. 104157

Legal Description: Beginning at the intersection of the Pipeline and the South line of the North ¼ of the SE ¼ of the NW ¼ of Section 31, Township 1 South, Range 1 East of the Ute Meridian, from whence the Southeast corner of said tract bears West 391 feet;

Thence by a 2^o degree curve left 113.5 feet;

Thence N 66^o42’ W 605.0 feet to the North line of the above described tract.

EXHIBIT “A” continued

City Reference No.: Easement No. 41

Grantor: Charles T. Long

Recording Information: Book 175, Pages 237 and 238 , Reception No. 105995

Legal Description: Beginning at the intersection of the Pipeline and the South line of the NE ¼ of the NW ¼ of Section 31, Township 1 South, Range 1 East of the Ute Meridian, being a point 320.0 feet East of the Southwest corner of the said NE ¼ of the NW ¼ of Section 31;

Thence N 66^o42’ W 686.0 feet to the West line of the East ¼ of the NW ¼ of the NW ¼ of said Section 31.

City Reference No.: Easement No. 42

Grantor: Theo P. Bunnell

Recording Information: Recording information not found.

Legal Description: Beginning at the intersection of the Pipeline and the East line of the West ½ of the East ½ of the NW ¼ of the NW ¼ of Section 31, Township 1 South, Range 1 East of the Ute Meridian, from whence the Southeast corner of said NW ¼ of the NW ¼ is 272.0 feet South and 318.2 feet East; Thence N 66^o42’ W 657.0 feet;

Thence by a 4^o degree curve left 40.0 feet to the West line of the East ½ of the West ½ of said NW ¼ of the NW ¼.

City Reference No.: Easement No. 43

Grantor: J.B. Gesberg

Recording Information: Book 175, Pages 213 and 214 , Reception No. 105295

Legal Description: Beginning at the intersection of the Pipeline and the East line of the W ½ of the NW ¼ of the NW ¼ of Section 31, Township 1 South, Range 1 East of the Ute Meridian, which point is 636.3 feet East and 910.0 feet South of the Northwest corner of said Section 31; Thence N 66^o42’ W 300 feet; Thence by a 4^o degree curve left 320.0 feet; Thence N 79^o30’ W 390.0 feet to the West line of the E ¼ of the NE ¼ of the NE ¼ of Section 36, Township 1 South, Range 1 West of the Ute Meridian.

City Reference No.: Easement No. 44

Grantor: Orville G. Coen

Recording Information: Book 175, Page 183, Reception No. 104155

Legal Description: Beginning at the intersection of the Pipeline and the East line of the West ¾^ths of the NE ¼ of the NE ¼ of Section 36, Township 1 South, Range 1 West of the Ute Meridian, which is 330.0 feet West and 628.0 feet South of the Northeast corner of said NE ¼ of the NE ¼ of Section 36; Thence N 79^o30’ W 1010.0 feet to the West line of said NE ¼ of the NE ¼ of Section 36.

EXHIBIT “A” continued

City Reference No.: Easement No. 45

Grantor: W.A. Connelly

Recording Information: Book 175, Page 185, Reception No. 104158

Legal Description: Beginning at the intersection of the Pipeline and the East line of the East ½ of the NW ¼ of the NE ¼ of Section 36, Township 1 South, Range 1 West of the Ute Meridian, which point is 443.0 feet South of the Northeast corner of said NW ¼ NE ¼ of Section 36;

Thence by a 4^o degree curve right 155.8 feet; Thence N 73^o16’ W 531.0 feet to the West line of said East ½ of the NW ¼ of the NE ¼ of Section 36.

City Reference No.: Easement No. 46

Grantor: John C. Bass, by Fred Barber, his attorney-in-fact.

Recording Information: Book 175, Page 209, Reception No. 105036

Legal Description: Beginning at the intersection of the Pipeline and the East line of the West ½ of the NW ¼ of the NE ¼ of Section 36, Township 1 South, Range 1 West of the Ute Meridian, which point is 666.0 feet East and 256.0 feet South of the Northwest corner of said NW ¼ of the NE ¼ of Section 36;

Thence N 73^o16’ W 876.0 feet to the North line of the East ½ of the NE ¼ of the NW ¼ of said Section 36.

City Reference No.: Easement No. 47

Grantor: Joseph P. Kiefer

Recording Information: Book 175, Page 183 and 184, Reception No. 105036

Legal Description: Beginning at the intersection of the Pipeline and the South line of the Southwest ¼ of Section 25, Township 1 South, Range 1 West of the Ute Meridian, which is 178.0 feet West of the Southeast corner of said SW ¼ of Section 25;

Thence N 73^o16’ W 2577.0 feet to the West line of said SW ¼ of Section 25.

City Reference No.: N/A

Grantor: Douglas M. Fassbinder

Recording Information: Book 1966, Pages 940 through 942, Reception No. 1634684

Legal Description: An Easement being 25.0 feet in width, the side lines of which are parallel with and 10.0 feet Northerly of and 15.0 feet Southerly of the following described centerline: Commencing at the East ¼ Corner of Section 31, Township 1 South, Range 1 East of the Ute Meridian; Thence S 89^o59’ W along the North line of the SE ¼ of said Section 31 a distance of 696.6 feet; thence South a distance of 127.1 feet to the Point of Beginning of the centerline herein described; Thence along said centerline, N 73^o41’56” W a distance of 126.85 feet to the Point of Terminus.

EXHIBIT “A” continued

City Reference No.: N/A

Grantor: Orchard Mesa Irrigation District

Recording Information: Book 2402, Pages 369 through 374, Reception No. 1831439

Legal Description: A twenty-five (25.0) foot wide Perpetual Easement being parallel with and 12.5 feet on either side of the following described center line: Commencing at the Mesa County Survey Marker set for the Northeast corner of the SE ¼ NW ¼ of Section 31, Township 1 South, Range 1 East of the Ute Meridian, County of Mesa, State of Colorado, and considering the line between the Northeast corner of said SE ¼

NW ¼ and the Center ¼ Corner of said Section 31 to bear S 00^o08’47” E with all bearings contained herein being relative thereto; Thence S 00^o08’47” E along the East line of said SE ¼ NW ¼ a distance of 330.59 feet to the Northeast corner of the South ½ of the North ½ of the SE ¼ of the NW ¼ of said Section 31; Thence S 89^o56’23” W along the North line of said S ½ N ½ SE ¼ NW ¼ a distance of 264.24 feet to the True Point of Beginning of said center line; Thence S 62^o48’06” E along said center line a distance of 263.71 feet to a point which is the intersection of said center line with the West line of that certain Road right-of-way described in Book 2 at Page 21 in the office of the Mesa County Clerk and Recorder, said point being the Point of Terminus of said center line, the side lines of said Perpetual Easement to be shortened or lengthened to intersect North and East boundary lines of the District Property.

City Reference No.: N/A

Grantor: Timothy E. Schmitz

Recording Information: Book 2316, Pages 972 through 975, Reception No. 1795052

Legal Description: A twenty-five (25.0) foot wide Perpetual Easement being parallel with and 10.0 feet Northerly of and 15.0 feet Southerly of the following described center line: Commencing at the Southwest corner of Lot 5, Block 1 of Burns Subdivision, situate in the SE ¼ of the SE ¼ of Section 32, Township 1 South, Range 1 East of the Ute Meridian, as recorded in Plat Book 7 at Page 63 in the office of the Mesa County Clerk and Recorder; Thence North along the West line of said Lot 5 a distance of 52.79 feet to the Point of Beginning of said center line; Thence S 76^o42’11” E along said center line a distance of 51.34 feet to the East line of said Lot 5, said point being the Point of Terminus of said center line.

City Reference No.: N/A

Grantor: Mary E. Heritage

Recording Information: Book 2704, Pages 886 through 889, Reception No. 1948250

Legal Description: A twenty-five (25.0) foot wide Perpetual Easement being parallel with and 15.0 feet left and 10.0 feet right of the following described center line: Commencing at the Southeast Corner of the NW ¼ of the SE ¼ of Section 32, Township 1 South, Range 1 East of the Ute Meridian, and considering the South line of

EXHIBIT “A” continued

the NW ¼ SE ¼ of said Section 32 to bear S 89^o36’00” W with all bearings contained herein being relative thereto; Thence S 89^o36’00” W along the south line of the NW ¼ SE ¼ of said Section 32 a distance of 480.0 feet; Thence leaving the south line of said NW ¼ SE ¼, N 00^o01’00” E a distance of 25.00 feet to the southwest corner of the Owner’s Property; Thence N 00^o01’00” E along the west boundary of the Owner’s Property a distance of 106.00 feet to the Point of Beginning of the center line of said Easement; Thence leaving the west boundary line of the Owner’s Property and along said center line, S 81^o04’32” E a distance of 154.29 feet to a point on the east boundary line of the Owner’s Property, said point being the Point of Terminus of said center line.

City Reference No.: N/A

Grantor: Thomas L. McGee

Recording Information: Book 2731, Pages 68 through 72, Reception No. 1957972

Legal Description: Commencing at the Southeast corner of Lot 4 in Block 1 of Burns Subdivision, situate in the SE ¼ of Section 32, Township 1 South, Range 1 East of the Ute Meridian, as recorded in Plat Book 7 at Page 63 in the office of the Mesa County Clerk and Recorder; Thence N 00^o10’00” E along the east boundary line of said Lot 4 a distance of 39.95 feet to the True Point of Beginning; Thence leaving the east boundary line of said Lot 4, N 76^o42’11” W a distance of 15.48 feet; Thence

N 10^o46’57” W a distance of 12.75 feet; Thence N 89^o50’00” W a distance of 51.24 feet; Thence N 76^o42’11” W a distance of 32.10 feet to a point on the west boundary line of Lot 3, Block 1 of said Burns Subdivision; Thence N 00^o10’00” E along the west boundary line of said Lot 3 a distance of 25.67 feet; Thence leaving the west boundary line of said Lot 3, S 76^o42’11” E a distance of 102.68 feet to a point on the east boundary line of Lot 4, Block 1 of said Burns Subdivision; Thence S 00^o10’00” W along the east boundary line of said Lot 4 a distance of 25.67 feet to the Point of Beginning.

City Reference No.: N/A

Grantor: Copper Hills Subdivision, by Booth W. Marchbanks and Leslie C. Marchbanks

Recording Information: Plat Book 11, Page 281, Reception No. 1138065

Legal Description: That certain 30.0 foot Water Line Easement located 10.0 feet Northerly of and 20.0 feet Southerly of a center line extending from the South line of Lot 2, Block 2 of Copper Hills Subdivision, thence along a course bearing N 73^o71’16” W a distance of 185.76 feet to a point on the West line of Lot 1, Block 2 of said Copper Hills Subdivision.

City Reference No.: N/A

Grantor: MCM Subdivision, by M.C.M. Partnership

Recording Information: Plat Book 12, Page 448, Reception No. 1274681

EXHIBIT “A” continued

Legal Description: That certain 30.0 foot wide Water Line Easement located 20.0 feet Northerly of and 10.0 feet Southerly of a center line extending from the North line of Lot Two, MCM Subdivision, thence along a course bearing S 73^o17’16” E a distance of 117.03 feet to a point on the East line of said Lot Two.

City Reference No.: N/A

Grantor: Rincon Subdivision, by Alva Roper and Glen Roper

Recording Information: Plat Book 11, Page 282, Reception No. 1138067

Legal Description: That certain variable width Water Line Easement, the center line of which extends from the West line of Lot 20, Block 2 of Rincon Subdivision, thence along a course bearing S 73^o17’16” E, pursuant to the recorded plat of said Rincon Subdivision, for an unprescribed distance to a point on the East line of Lot 9, Block 3 of said Rincon Subdivision.

City Reference No.: N/A

Grantor: Wyatt Subdivision, by Lloyd E. Wyatt and Alice S. Wyatt

Recording Information: Plat Book 11, Page 19, Reception No. 991935

Legal Description: That certain 30.0 foot Water Line Easement located 15.0 feet Northerly of and 15.0 feet Southerly of a center line extending from the North line of Lot 7 of Wyatt Subdivision, thence along a course bearing S 76^o40’ E for an unprescribed distance to a point on the East line of Lot 1 of said Wyatt Subdivision.

City Reference No.: N/A

Grantor: Bevan Subdivision, by H.B. Burns, Franklin B. Smith and Lucille M. Smith

Recording Information: Plat Book 9, Page 50, Reception No. 729493

Legal Description: That certain variable width Water Pipeline Easement without a prescribed bearing and distance, beginning at a point on the West line of Lot 3 of said Bevan Subdivision, thence in a Southeasterly direction to a point on the East line of Lot 5 of said Bevan Subdivision.

City Reference No.: N/A

Grantor: Nelson’s Subdivision, by Harley V. Nelson and Esther L. Nelson

Recording Information: Plat Book 11, Page 237, Reception No. 1122711

Legal Description: That certain 20.0 foot wide Water Main Easement located 10.0 feet Northerly of and 10.0 feet Southerly of a center line extending from the West line of Lot 5 of Nelson’s Subdivision, thence along a course bearing S 80^o12’27” E for an unprescribed distance to a point on the East line of Lot 4 of said Nelson’s Subdivision.

EXHIBIT “A” continued

City Reference No.: N/A

Grantor: Amended Plat of Grand Mesa Subdivision, by Travis Skinner, Eva Skinner, Phil D. Webster, Mary M. Webster, William P. Williams, Maxine Williams, Amos G. Chandler and Inez M. Chandler.

Recording Information: Plat Book 8, Page 15, Reception No. 628579

Legal Description: That certain variable width Water Line Easement beginning at a point on the Southerly boundary of Lot 23, Block 2 of said Subdivision, thence along a course bearing S 79^o30” E for an unprescribed distance to a point on the East line of Block 2 of said Subdivision.

City Reference No.: N/A

Grantor: First Addition To – Lumley Subdivision, by Rosalie Lumley, Charles S. Lumley Jr., and Jack T. Lumley

Recording Information: Plat Book 9, Page 165, Reception No. 840010

Legal Description: That certain 15.0 foot wide Flowline Easement located 7.5 feet Northerly of and 7.5 feet Southerly of a center line extending from the West line of Lot 7 of said Subdivision, thence along a Southeasterly course for an unprescribed distance to a point on the East line of said Subdivision.

City Reference No.: N/A

Grantor: Gunnison Heights Subdivision, by John F. Thompson and Naomi A. Thompson

Recording Information: Plat Book 8, Page 33, Reception No. 640136

Legal Description: That certain variable width City Flow Line Easement without a prescribed bearing and distance, beginning at a point on the West line of Lot 4, Block I of said Subdivision, thence in a Southeasterly direction to a point on the East line of said Subdivision.

City Reference No.: N/A

Grantor: Oleo Acres Subdivision, by Daniel L. Fenske

Recording Information: Plat Book 12, Page 255, Reception No. 1222271

Legal Description: That certain 50-foot City of Grand Junction Flow Line Easement without a prescribed bearing and distance, extending from the Northerly line of Lot 1 of said Subdivision to a point on the South line of said Lot 1.

EXHIBIT “A” continued

City Reference No.: N/A

Grantor: Casimir Heights, by Jake O. Boyles, Evelyn Boyles and Casimir Gauthier

Recording Information: Plat Book 8, Page 14, Reception No. 628512

Legal Description: That certain variable width City of Grand Junction Flow Line Easement without a prescribed bearing and distance, beginning at a point on the North line of Block Three of said Subdivision, thence in a Southeasterly direction to a point on the Easterly line of Block One said Subdivision.

END OF EXHIBIT “A”