CITY OF GRAND JUNCTION
RESOLUTION NO. 24-10
A RESOLUTION VACATING A UTILITY AND DRAINAGE EASEMENT
LOCATED WITHIN LOT 6 OF PEPPER TREE FILING NO. 4
(PEPPER RIDGE SUBDIVISION)
Recitals:
A request for the vacation of a public utility and drainage easement has been submitted in accordance with the 2000 Zoning and Development Code. The applicant, Abzack Investment Group, LLC, has requested that the easement, located within Lot 6 of Pepper Tree Filing No. 4, be vacated. There is no existing utility infrastructure located within this easement.
In a public hearing, the Planning Commission reviewed the request for the vacation and determined that it satisfied the criteria as set forth and established in Section 2.11.C of the 2000 Zoning and Development Code. The proposed vacation is also consistent with the purpose and intent of the Comprehensive Plan.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION THAT:
The following described dedicated Utility and Drainage Easement is hereby vacated subject to the following conditions:
1. Applicant shall pay all recording/documentary fees for the Vacation Resolution.
2. Applicant shall dedicate new easements, as necessary, with the replat of Lot 6 of Pepper Tree Filing No. 4.
Dedicated Easement to be vacated:
THAT PART OF A 15 FOOT WIDE UTILITY AND DRAINAGE EASEMENT DESCRIBED IN BOOK 1385 AT PAGE 731 IN THE RECORDS OF THE OFFICE OF THE MESA COUNTY CLERK AND RECORDER, BEING A PART OF LOT 6 OF PEPPER TREE FILING No. 4, A SUBDIVISION RECORDED AT RECEPTION NUMBER 1911395, SAID MESA COUNTY RECORDS, LOCATED IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 1 SOUTH, RANGE 1 EAST OF THE UTE MERIDIAN, CITY OF GRAND JUNCTION, COUNTY OF MESA, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS:
“COMMENCING” AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 7 AND CONSIDERING THE WEST LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER TO BEAR NORTH 00°01’11” WEST, WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 89°58’28” EAST, ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER AND ALONG THE SOUTHERLY LINE OF SAID LOT 6, A DISTANCE OF 315.20 FEET TO THE “POINT OF BEGINNING”;
THENCE NORTH 00°01’42” WEST, ALONG A LINE LYING 15.00 FEET WESTERLY OF AND PARALLEL WITH THE EASTERLY LINE OF SAID LOT 6, A DISTANCE OF 457.30 FEET TO THE NORTHERLY LINE OF SAID LOT 6;
THENCE SOUTH 82°20’12” EAST, ALONG THE NORTHERLY LINE OF SAID LOT 6, A DISTANCE OF 15.14 FEET TO THE NORTHEAST CORNER OF SAID LOT 6;
THENCE SOUTH 00°01’42” EAST, ALONG SAID EASTERLY LINE OF LOT 6, A DISTANCE OF 455.28 FEET TO THE SOUTHEAST CORNER OF SAID LOT 6;
THENCE NORTH 89°58’28” WEST, ALONG THE SOUTHERLY LINE OF SAID LOT 6 AND ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, A DISTANCE OF 15.00 FEET TO THE “POINT OF BEGINNING”.
CONTAINING 0.157 ACRES OR 6844 SQUARE FEET, MORE OR LESS.
A drawing depicting the above is attached hereto.
ADOPTED the 5th day of May, 2010
ATTEST:
/s/ Teresa A. Coons
President of City Council
/s/ Stephanie Tuin
City Clerk
