HomeMy WebLinkAboutORDINANCE 13-20RECEPTION #20200O99614,17J112020 11:01:08AM,
1 ot3 $23.00
Angela Myers,Clerk &Recorder,Lanmet County,CO
ORDINANCE 73-20
AN ORDINANCE VACATING A PORTION OF THE BIG HORN DRIVE
RIG HT-O F-WAY
WHEREAS,the applicants,B.Wade Investments,LLC and Trail Ridge Consulting
Engineers,LLC,have requested that the Town vacate portions of the Big Horn Drive right-
of-way;and
WHEREAS,the portions of the right-of-way proposed to be vacated are currently
occupied by an existing and long-standing building encroachment;and
WHEREAS,the affected agencies with interests involving the right-of-way portions
in question have expressed no opposition to or concerns with the vacation request;and
WHEREAS,vacation of the portions of Big Horn Drive as proposed is necessary
for the realization of a setback variance conditionally granted on September 1,2020,bytheEstesParkBoardofAdjustmentforthelotonwhichthemajorityoftheencroaching
building is located;and
WHEREAS,approval of this Ordinance requires that any development plan
approval for an addition to the subject building (or building permit issuance if nodevelopmentplanisrequired)must be contingent on installation of curb and gutterimprovementstothesatisfactionofthePublicWorksdivision;and
WHEREAS,the Board of Trustees has determined that it is in the best interest oftheTowntopermanentlyvacateportionsoftheBigHornDriveright-of-way as more fullysetforthherein.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO:
Section 1:The Board of Trustees of the Town of Estes Park,Colorado herebyvacatesportionsoftheBigHornDriveRight-of-Way as set forth on Exhibit A hereto.The
Town Administrator or designee shall record this ordinance with the County Clerk and
Recorder.
Section 2:As a condition of this vacation,any forthcoming development to the
building located at 113 East Elkhorn Avenue,within the area encompassed by this
vacation,must include the installation of curb and gutter improvements to the remaining
right-of-way adjacent to such lot.
Section 3:This Ordinance shall take effect and be enforced 30 days after its
adoption and publication.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado,this tO4r.day of -c_,2020.
TOWN OF ESTES PARK,COLORADO
By:
Mayor /
ATTEST:
T ‘pin Clerk
I eby certify that the above Ordinance was introduced at a regular meeting of the Board
of Trustees on the 1O day of ,2020 and published in a
newspaper of general circulation in the Town of Estes Park,Colorado,on the I
day of 2020,all as required by the Statutes of the State of Coloçado.
APPROVED AS TO FORM:
Town Attorney
I,Jackie Williamson,Town Clerk of the
Town of Estes Park,CO,do hereby certi
that the above is a true,exact,complete
and unalteredcopyof cQ-c L3-Z
on file in my office as part of the official
records of the Town of Estes Park.
J ‘ie Williamson,Town Clerk
Clerk
EXHIBIT A
RIGHT-OF-WAY VACATION
LOCATED IN THE NEOF THE NWI
OF SECTION 25,TOWNSHIP 5N,
RANGE 73W
PARCEL 1 DETAIL
SCALE 1”=1D’
ROB.
PARCEL 1
NOO’Ol .J9”E
755,
P1 N06V5’22”W 751’
P2 N8J’54’J8”E
I zcrO
I Oo‘U0>
U
P2 N06 ‘O5’22 “H
P2N51V5’22”W 515’
LEGAL DESCRIPTION FOR PARCEL 1 (DIMENSIONS NOTED AS P1 ON EXHIBIT)
A PORTION OF RIGHT-OF-WAY FOR BIG HORN DRIVE,PARTICULARLY DESCRIBED AS FOLLOWS CONSIDERING A PORTION OF THE SOUTH LINE OF LOT 27,BLOCK 10,TOWN OFESTESPARK,TO BEAR N72’20’31 E AS SHOWN HEREON 511TH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO.BEGINNING AT THE NORTHWEST PROPERTY CORNER OF
LOT 16A BLOCK 2 TOWN OF ESTES PARK.THENCE S00’O1’39”W 6333’ALONG THE WEST LINE OF SAID LOT lEA TO THE POINT OF BEGINNING.THENCE S00’01’39 ‘WA DISTANCEOF755FEETALONGTHEWESTLINEOFSAIDLOTlEATHENCENC6’05’22”W A DISTANCE OF 751 FEET THENCE N83’54’38 ‘E A DISTANCE OF 0.80’TO THE WEST LINE OF SAID
LOT 16A TO THE POINT OF BEGINNING,CONTAINING 302 SQUARE FEET MORE OR LESS.
LEGAL DESCRIPTION FOR PARCEL 2 (DIMENSIONS NOTED AS P2 ON EXHIBIT)
A PORTION OF RIGHT-OF-WAY FOR BIG HORN DRIVE,PARTICULARLY DESCRIBED AS FOLLOWS CONSIDERING A PORTION OF THE SOUTH LINE OF LOT 27,BLOCK 10,TOWN OFESTESPARK,TO BEAR N72’20’31”E AS SHOWN HEREON WTH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO,BEGINNING AT THE NORTHWEST PROPERTY CORNER OF
LOT 16A,BLOCK 2.TOWN OF ESTES PARK,THENCE S00’01’39”W 103,16’ALONG THE WEST LINE OF SAID LOT 16A TO THE POINT OF BEGINNING.THENCE S00’01’39”WA DISTANCEOF3580FEETALONGTHEWESTLINEOFSAIDLOT16A.THENCE S83’54’38’WA DISTANCE OF 063 FEET.THENCE N51’0522”WA DISTANCE OF 5.15 FEET.THENCE N06’05’22”WA
DISTANCE OF 31.96 FEET.THENCE N83’54’38”E A DISTANCE OF 8.08 FEET TO THE WEST LINE OF SAID LOT 16A TO THE POINT OF BEGINNING,CONTAINING 213.25 SQUARE FEETMOREORLESS.
SHEET
F (BIT ‘GHTO WAYV lION 113EELKHORNAVE.-
-ESTES PARK,CO 60517
DRN.
2020025
SCALE 1 30’TE’T!N GENGINEERS
CHK.DAB DATE:9/16/2020 4 1-1-q1-W000STOCK PR.,ESTEE PARK,CD SOS17
‘S
FOUND /4 REBAR
YPC 9485N.,
583’54 ‘38 “W
N
,NO035’53”fl 20.98’
fNO176’12’2O.98
FOUND /4 REBAR 1l7H
1.5”ALUMINUM CAP
STAMPED /9485
751’
Pi SOO’01’J9”W 6J.J3’
ROB.
PARCEL
\‘/—OUTL/NEOF/EX/SIINC BUILD/NC
/0
1
__.—P2 SOD V1’J9”103.16’
P1 N8Y54’J8”E D.8O’—
I I I
500 V1’J9”W
30’60’li -
SCALE:1”=30’
LEGEND
8.08’-
J1.96’—
PROPERTY LINE
EDGE OF DRIVE/ROAD
BUILDING
FOUND PROPERTY 0
MONUMENTATION
MEASURED DIMENSIONS 00.00’
LOT 16A
BLOCK 2
)WN OF ESTES PARK
--—P.0.8.
PARCEL 2
‘2 500 V1’J9”H J580’
BOUNDARY OF LOT iSA —
HA TGH:AREA OF
ROW VAC’AIION
PARCEL 2P2S8J54’J8”O.6J’—7\
RIGHT OF WAY VACATION LEGAL DESCRIPTIONS
TWO PARCELS OF LAND LOCATED WiTHIN PLATTED RIGHT-OF-WAY FOR BIG HORN DRIVE IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 25,TOWNSHIPS NORTH.RANGE 73 WEST OF THE SIXTH PRINCIPAL MERIDIAN,COUNTY DF LARIMER,STATE OF COLORADO.DESCRIBED AS FOLLOWS