RESOLUTION NO. 96-03

ACKNOWLEDGING A HISTORICAL BURIED PIPE, AND ASSOCIATED EASEMENT FOR A BURIED PORTION OF THE INDEPENDENT RANCHMENS DITCH THAT CROSSES A PORTION OF CITY RIGHT OF WAY FOR THE REDLANDS PARKWAY.

Recitals.

A.  The City owns right-of-way for public utilities and improvements associated with the Redlands Parkway.

B.  The portion of the Grand Valley Irrigation Company’s Independent Ranchmens Ditch that crosses the Mall and the Redlands Parkway, and then discharging into Leach Creek was buried at the time of the development of the Mall.

C.  It appears that no easement has ever been recorded regarding this portion of the Ditch. It is undisputed that the Ditch has been in existence for many decades in its present location

D.  The City desires to assist GVIC is properly describing an easement for said portion of the Ditch that can then be recorded.

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

 That the City Manager of the City is hereby authorized to acknowledge the long-standing existence and the location of the described portion of the Independent Ranchmens Ditch and to execute appropriate documents, for the benefit of the Grand Valley Irrigation Company.

 PASSED and ADOPTED this 15th day of October, 2003.

           /s/: Jim Spehar

Attest:            President of the Council

/s/: Stephanie Tuin

City Clerk