CITY OF GRAND JUNCTION, COLORADO

 Ordinance No. 2775

 VACATING A PORTION OF GLENWOOD AVENUE BETWEEN

 PALISADE AND PALMER STREETS

Recitals.

 Habitat for Humanity of Mesa County, Inc. is requesting that a portion of Glenwood Avenue between Palmer and Palisade Streets on Orchard Mesa be vacated in order to make their undeveloped property at the existing northeast corner of Palmer and Glenwood more feasible for residential construction. Presently, this portion of Glenwood Avenue is undeveloped and it is not likely that it will ever be developed as a local street.

 The petitioner's property is presently constrained by an irrigation ditch which covers the northern one-third of the parcel. This combined with the 20-foot setback required from the Glenwood right-of-way, even though it is not developed, leaves a building envelope of 30 feet. Vacation of the Glenwood Avenue right-of-way would result in the side yard setback being the width of the easement retained in the right-of-way (40 feet)--or at the existing south property line. This would leave a building envelope of approximately 50 feet in width which offers more site plan flexibility.

 The Grand Junction Planning Commission, at its September 6, 1994 hearing recommended approval of the request to vacate the Glenwood Avenue right-of-way between Palisade and Palmer Streets subject to approval by the Utility Coordinating Committee and reservation of the entire right-of-way width as utility easement and pedestrian access.

 The City Council has duly considered the petitioner's request to vacate the right-of-way and the recommendation of the Planning Commission and finds that the requirements for vacation of a right-of-way, as set forth in section 8-3 of the Zoning and Development Code, have been satisfied.

 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION:

 That the right-of-way described below is hereby vacated and retained as utility easement and pedestrian access:

From the NE corner of the NW1/4 NE1/4 Section 26; South 515 feet; West 830 feet to an iron pin in place at the intersection of Glenwood Avenue and Palmer Street; east 40 feet; South 40 feet to beginning of property to be vacated which is Glenwood Avenue between Palmer Street and Palisade Street; East 277 feet; then North 80 feet; then West 277 feet; then South 80 feet (this includes 7 feet of the Palisade Street right-of-way).

INTRODUCED for FIRST READING and PUBLICATION this 21st day of September, 1994.

PASSED on SECOND READING this 5th day of October, 1994.

ATTEST:

/s/ Stephanie Nye        /s/ R.T. Mantlo

City Clerk          President of Council