RESOLUTION NO. 64-08
A RESOLUTION VACATING MISCELLANEOUS EASEMENTS IN CONJUNCTION WITH THE PROPOSED ASHBURY HEIGHTS SUBDIVISION
LOCATED AT THE SOUTHEAST CORNER OF 28 ¼ ROAD
AND GRAND FALLS DRIVE
RECITALS:
The applicants propose to vacate miscellaneous easements in conjunction with the development of the proposed Ashbury Heights Subdivision located at the southeast corner of 28 ¼ Road and Grand Falls Drive. All existing utility infrastructure will be relocated and new easements dedicated, where necessary, upon the approval and recording of the Final Plat for the Ashbury Heights subdivision.
The Planning Commission, having heard and considered the request, found the criteria of the Code to have been met, and recommends that the vacations be approved.
The City Council finds that the request is consistent with the Growth Plan and Section 2.11 of the Zoning and Development Code.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION THAT:
The following described easements are hereby vacated subject to the listed conditions:
Easement 5:
That 20 foot wide Permanent Drainage and Utility Easement, described in Book 1404, Page 501, located in the parcel described in Book 3953, Pages 912 and 913.
Easement 6:
That 10 foot Utility Easement across the front of Lots 1, 2, 3, and 4, Block Six, Falls, Filing No. Two, as recorded at Plat Book 12, Pages 370 and 371.
Easement 7:
That 10 foot Utility Easement across the front of Lots 11, 12, and 13, Block Four, Falls, Filing No. Two, as recorded at Plat Book 12, Pages 370 and 371.
Easement 8:
That 10 foot Utility Easement across the front of Lots 14, 15, 16, 17, and 18, Block Four, Falls, Filing No. Two, as recorded at Plat Book 12, Pages 370 and 371.
Easement 9:
That 10 foot Utility Easement across the front of Lots 19, 20, 21, 22, and 23, Block Four, Falls, Filing No. Two, as recorded at Plat Book 12, Pages 370 and 371.
Easement 10:
That 22 foot Ingress/Egress and Utility Easement across the front of Lots 19, 20, 21, 22, and 23, Block Four, Falls, Filing No. Two, as recorded at Plat Book 12, Pages 370 and 371.
Easement 11:
That 20 foot wide Ute Water Easement across Tract I, Block Four, Falls, Filing No. Two, as recorded at Plat Book 12, Pages 370 and 371.
Easement 12:
That 14 foot wide Multipurpose Easement across Tract E, Block Four, The Falls 2004, as recorded at Book 4100, Pages 120 through 124.
Blanket Utility Easements:
All blanket utility easements within Tract E, Block 5, Falls 2004 and those portions within Tract I, Block 4, and Tracts J and K, Block 6, The Falls, Filing No. 2 which were not incorporated into the Falls 2004.
1. Applicants shall pay all recording/documentary fees for the Vacation Resolution, any easement documents and dedication documents.
2. Approval and recording of the Final Plat for the Ashbury Heights Subdivision and
the rededication of all appropriate new easements, where applicable.
All easements described above shall be replaced during the platting process to City Standard Specifications or specific Utility Company Specifications to cover all utilities and appurtenances, as realigned, relocated, or installed per City or Utility Company requirements.
See attached Exhibit A.
PASSED and ADOPTED this 7th day of May, 2008.
ATTEST:
/s/: Gregg Palmer
President of City Council
/s/: Stephanie Tuin
City Clerk
