CITY OF GRAND JUNCTION, COLORADO

Ordinance No. 3017

VACATING RIGHT-OF-WAY AT THE EASTERN END

OF PALACE VERDES DRIVE

Recitals:

 This vacation relates to the cul-de-sac at the end of and a short section of Palace Verdes Drive. The City has determined that right-of-way is not necessary for the public. This vacation will remove any possibility of a cul-de-sac on Palace Verdes Drive. This is acceptable to City Staff because only three homes will use it for access and the dead-end length of Palace Verdes Drive is only 120 feet. Such dead-end length, after vacation, meets the Fire Department’s requirement that a turn-around is needed for road distances of 150 feet or greater.

 A portion of this vacation includes right-of-way that overlaps lots 10 and 11 in Block 3 of South Rim Subdivision Filing No. 2. Such overlapping right-of-way was not vacated properly before the platting of South Rim Filing 2. This vacation removes the overlapping right-of-way from said Lots 10 and 11. The owners adjoining this vacated right-of-way have an agreement describing division of the vacated right-of-way adjoining their property.

 The Planning Commission having heard and considered the request and found the criteria of the Code to have been met recommends that the vacation be approved.

 NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION THAT:

1. The following described property “parcel A” as depicted on the attached exhibit A is hereby vacated. The City understands that certain person or person(s) may be benefiting from this vacation. Such persons may, after this vacation is effective, agree to convey such interest(s) as are vacated hereby in accordance with an agreement among themselves.

PARCEL “A”

A parcel of land situated in the SW 1/4 of Section 8, Township 1 South, Range 1 West of the Ute Meridian,

City of Grand Junction, County of Mesa, State of Colorado, previously described in Book 991 at Page 153 of the records of the Mesa County Clerk and Recorder, a portion of which being more particularly described as follows:

Commencing at the northeast corner of Lot 10, Block 3 of South Rim Filing No.2, as found recorded in Plat book 14 at page 241 of the records of the Mesa County Clerk and Recorder; thence

S 47º07’48” W along the northwesterly line of said Lot 10, Block 3 a distance of 9.93 feet to the True Point of Beginning of the parcel described herein; thence S 52°34’57” W a distance of 101.30 feet to a point on the north line of Lot 11, Block 3 of said South Rim Filing No. 2; thence S 89°55’25” W a distance of 83.89 feet to the northwest corner of said Lot 11, Block 3; thence N 00°11’58” E a distance of 50.00 feet to the southeast corner of Lot 14, Block 2 of Palace Verdes Estates Filing No. 1, as found recorded in Plat Book 10 at Page 19 of the records of said Mesa County Clerk and Recorder; thence N 89°55’25” E a distance of 86.65 feet; thence 90.07 feet along the arc of a non-tangent curve concave to the south, having a radius of 50.00 feet, a delta angle of 103°12’35” and a long chord bearing N 81°31’43” E distance of 78.37 feet to the point of beginning. Said parcel contains 7,219.12 square feet, more or less.

2. That the following described property “parcel B” as depicted on exhibit A is hereby vacated. The City understands that certain person or person(s) may be benefiting from this vacation. Such persons may, after this vacation is effective, agree to convey such interest(s) as are vacated hereby in accordance with an agreement among themselves.

PARCEL “B”

A parcel of land situated in the SW 1/4 of Section 8, Township 1 South, Range 1 West of the Ute Meridian,

City of Grand Junction, County of Mesa, State of Colorado, previously described in Book 991 at Page 153 of the records of the Mesa County Clerk and Recorder, a portion of which being more particularly described as follows:

Commencing at the northeast corner of Lot 10, Block 3 of South Rim Filing No.2, as found recorded in Plat book 14 at page 241 of the records of the Mesa County Clerk and Recorder; thence

S 47º07’48” W along the northwesterly line of said Lot 10, Block 3 a distance of 9.93 feet to the True Point of Beginning of the parcel described herein; thence 139.03 feet along the arc of a non-tangent curve concave to the northwest, having a radius of 50.00 feet, a delta angle of 159°18’57” and a long chord bearing S 32°47’28” W a distance of 98.38 feet to a point on the westerly line of said Lot 10, Block 3; thence N 48°48’49” W along the westerly line of said Lot 10. Block 3 a distance of 32.12 feet to the northwest corner of said Lot 10, Block 3; thence S 89°55’25” W along the north line of Lot 11, Block 3 of said South Rim Filing No.2 a distance of 3.00 feet to a point; thence N 52°34’57” E a distance of 101.30 feet to the point of beginning. Said parcel contains 4,690.93 square feet, more or less.

3. That the following described property “parcel C” as depicted on exhibit A be vacated. The City understands that certain person or person(s) may be benefiting from this vacation. Such persons may, after this vacation is effective, agree to convey such interest(s) as are vacated hereby in accordance with an agreement among themselves.

PARCEL “C”

A parcel of land situated in the SW 1/4 of Section 8, Township 1 South, Range 1 West of the Ute Meridian,

City of Grand Junction, County of Mesa, State of Colorado, previously described in Book 991 at Page 153 of the records of the Mesa County Clerk and Recorder, a portion of which being more particularly described as follows:

Beginning at the northeast corner of Lot 11, Block 3 of South Rim Filing No. 2, as found recorded in Plat Book 14 at Page 241 of the records of the Mesa County Clerk and Recorder; thence S 48°48’49” E along the easterly line of said Lot 11, Block 3 a distance of 32.12 feet; thence 32.70 feet along the arc of a non-tangent curve concave to the northeast, having a radius of 50.00 feet, a delta angle of 37°28’28” and a long chord bearing N 48°48’49” W a distance of 32.12 feet to the point of beginning. Said parcel contains 57.04 square feet, more or less.

4. Each vacation of right-of-way provided for in this Ordinance is subject to the reservation and retention by the City, for its use and for the use of the public and public utilities, the following easement as depicted on exhibit B for the installation, operation, maintenance, relocation and repair of City owned and other public utilities on, along, over, under, through and across the following described portion of the hereinabove vacated right(s)-of-way:

UTILITY EASEMENT

An interest in land situated in the SW 1/4 of Section 8, Township 1 South, Range 1 West of the Ute Meridian,

City of Grand Junction, County of Mesa, State of Colorado, being more particularly described as follows:

Beginning at the southeast corner of Lot 14, Block 2 of Palace Verdes Estates Filing No.1, as found recorded in Plat book 10 at page 19 of the records of the Mesa County Clerk and Recorder; thence

N 89º55’25” E a distance of 52.71 feet to a point; thence S 48°48’49” E a distance of 63.64 feet to a point on the northwesterly line of Lot 10, Block 3 of South Rim Filing No. 2 as found recorded in Plat Book 14 at Page 241 of the records of said Mesa County Clerk and Recorder; thence S 59°55’25” W along the northwesterly line of said Lot 10, Block 3 a distance of 16.05 feet to the northwest corner of said Lot 10, Block 3; thence S 89°55’25” W along the north line of Lot 11, Block 3 of said South Rim Filing No. 2 a distance of 14.86 feet to a point; thence leaving the north line of said Lot 11, Block 3 N 48°48’49” W a distance of 36.45 feet to a point; thence N 89º52’08” W a distance of 44.52 feet a point; thence

N 00°11’58” E a distance of 25.80 feet to the point of beginning. Said easement contains 2,569.23 square feet, more or less.

INTRODUCED for FIRST READING and PUBLICATION this _16th_ day of _July_, 1997.

PASSED on SECOND READING this 6th day of August, 1997.

ATTEST:

/s/ Stephanie Nye            /s/ Janet Terry    

City Clerk              President of City Council