CITY OF GRAND JUNCTION

 Ordinance No. 3024

VACATING A PORTION

OF A UTILITY EASEMENT

LOCATED WITHIN TRACT B,

MONUMENT HEIGHTS TOWNHOMES SUBDIVISION

Recitals.

 A portion of Tract B, Monument Heights Subdivision, recorded in plat book 14, pages 365 and 366 has been replatted into lots 9 and 12 of Monument Heights Patio Homes, recorded in plat book 15, page 334. Tract B contained a utility easement that was not vacated when the new subdivision was platted. No utilities were found to be located in the easement to be vacated. A new utility easement in Tract C has been dedicated to the south of the easements to be vacated.

 At its August 5, 1997 hearing the Planning Commission found that the easement vacation conforms with the criteria in Section 8-3 in the Zoning and Development Code and recommended approval of the vacation.

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

 City Council finds that the vacation meets the criteria set forth in Section 8-3 of the Grand Junction Zoning and Development Code and in accordance therewith the following described utility easement is hereby vacated:

 A portion of Tract “B” of Monument Heights Townhomes Subdivision as depicted in plat book 14 at pages 3654 & 366, situated in the NW 1/4 SE 1/4 SE1/4 Section 10, T.1S., R.1W. Ute Meridian and being more particularly described as follows:

Parcel 1

Beginning at the SW Corner of lot 6 Monument Heights Townhomes Subdivision thence S89°33’00”E 58.50’, thence N00°03’00” E 20.00’, thence N89°33’00”W 15.50’, thence S00°03’00”W 5.00’, thence N89°33’00”W 43.00’, thence S00°03’00”W 15.00’ to the True Point of Beginning.

Parcel 2

Beginning at the SE Corner of lot 5 Monument Heights Townhomes Subdivision thence N00°03’00”E 5.00’, thence N89°33’00” W 16.00’, thence S00°03’00”W 20.00’, thence S89°33’00”E 59.00’, thence N00°03’00”E 15.00’, thence N89°33’00”W 43.00’ to the True Point of Beginning.

INTRODUCED for FIRST READING and PUBLICATION this 20th day of August, 1997

PASSED on SECOND READING this 3rd day of September, 1997.

ATTEST:

/s/ Stephanie Nye        /s/ Janet Terry        

City Clerk          President of City Council