HomeMy WebLinkAboutORDINANCE 05-22RECEPTION #20220052752, 8/25/2022 9:45:04 AM,
1 of 5, $33.00
Angela Myers, Clerk & Recorder, Larimer County, CO
ORDINANCE 05-22
AN ORDINANCE CONDITIONALLY APPROVING THE VACATION OF A PORTION
OF THE WEST RIVERSIDE DRIVE RIGHT-OF-WAY
WHEREAS, the Town requested grant funding and project management support
from the Central Federal Lands Highway Division of the Federal Highway Administration
(CFL) and the Colorado Department of Transportation (CDOT) for the design and
construction of the Downtown Estes Loop (Loop); and
WHEREAS, construction of the Loop is contingent upon CDOT's acquisition of a
parcel of land (encompassing 1,117 square feet and identified as RW-11) for road right-
of-way purposes from Picadilly Square Owners Association (Picadilly), which is the
present owner of the adjacent property described as Larimer County Assessor Parcel
Number 99005765; and
WHEREAS, Picadilly's conveyance of RW-11 is contingent upon the Town's
transfer of a certain portion of the West Riverside Drive (encompassing 768 square feet
and identified as RW-9) to CDOT; and
WHEREAS, this Vacation Ordinance is the appropriate method to accomplish the
transfer of this portion of the West Riverside Drive right-of-way; and
WHEREAS, approval of this Ordinance is contingent upon CDOT and Picadilly
applying compensatory credit in the amount of $6,912 for receipt of RW-9 toward CDOTs
purchase of RW-11 in the amount of $10,053; and
WHEREAS, the Board of Trustees has determined that it is in the best interest of
the Town to permanently vacate portions of West Riverside Drive right-of-way as more
fully set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO:
Section 1: The Board of Trustees hereby approves the vacation of a portion of
the West Riverside Drive Right -of -Way depicted as RW-9 on Exhibit A, attached hereto
and incorporated herein by reference, subject to the reservation described in Section 2
as well as satisfaction of the following condition within one year of the date of passage of
this Ordinance:
A. CDOT must confirm in writing that it has acquired possession of RW-11
as depicted on Exhibit A and intends to transfer title to this parcel to the
Town upon completion of the Loop project.
After the Town of Estes Park Community Development Director certifies
satisfaction of the foregoing requirement, the Town Administrator or designee shall record
this Ordinance and the Director's certification with the County Clerk and Recorder.
Section 2: The Town hereby reserves the vacated portion of the West Riverside
Drive right-of-way as a blanket utility easement for the use of any existing and future utility
facilities or infrastructure, including but not limited to sewer, gas, water, electricity,
telephone, telecommunications, fiber optic, and stormwater drainage facilities.
Section 3: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication by title.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado, this fo-k`day of , 2022.
ATTEST:
n Clerk
TOWN OF ESTES PARK, COLORADO
I hereby certify that the above Ordinance was introduced at a regular meeting of the Board
of Trustees on the /04-v" day of v\-4 , 2022 and published by title in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the I 34-te\.
day of tkA , 2022, all as required by the Statutes of the State of Colorado.
Clerk
APPROVED AS TO FORM:
Town Attorney
I, Jackie Williamson, Town Clerk of the 41.41t- ****ES
***************
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Town of Estes Park, CO, do hereby cltry
that the above is a true, exact, complete
and unaltered copy of cp5-"
on file in my office as part of the official-% 44)1,gay.,6y.,
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records of the Town of Estes Park.
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ie Williamson, Town Clerk
EXHIBIT "A"
CENTRAL FEDERAL LANDS PROJECT NUMBER: CO FLAP US36(1)
CDOT PROJECT NUMBER: STA R400-330
PARCEL NUMBER: RW-9 Rev.
CDOT PROJECT CODE: 20298
DATE: August 20, 2021
DESCRIPTION
A tract or parcel of land No. RW-9 Rev. of the Central Federal Lands Project No. CO FLAP
US36(1) and Department of Transportation, State of Colorado Project No. STA R400-330
containing 768 sq. ft. (0.018 acres), more or Tess, in the East Half of Section 25, Township 5
North, Range 73 West, of the 6th Principal Meridian, in Larimer County, State of Colorado, said
tract or parcel being more particularly described as follows:
Commencing at a point on the southeasterly right of way line of W. Riverside Dr. (November
2019), whence the Center Quarter Corner of said Section 25 (being a 3-1/2" brass cap stamped:
"PLS 6499 T5N R73W + SEC 25 1987"), bears N. 80°34'43" W., a distance of 100.92 feet, said
point also being the TRUE POINT OF BEGINNING;
1. Thence N. 22°06'58" E., a distance of 15.53 feet;
2. Thence on the arc of a curve to the right, a radius of 53.00 feet, a central angle of
26°46'42", a distance of 24.77 feet, (a chord bearing N. 35°30'19" E., a distance
of 24.55 feet);
3. Thence N. 48°53'40" E., a distance of 49.80 feet to a point on said southeasterly
right of way line of W. Riverside Dr.;
4. Thence along said southeasterly right of way line of W. Riverside Dr., on the arc
of a curve to the right, a radius of 115.00 feet, a central angle of 32° 18'20", a
distance of 64.84 feet, (having a chord bearing S. 36°43'0I " W., a distance of
63.99 feet) to a point of reverse curve;
5. Thence continuing along said southeasterly right of way line of W. Riverside
Dr., on the arc of a curve to the left, a radius of 340.00 feet, a central angle of
4°13'00", a distance of 25.02 feet, (a chord bearing S. 50°45'43" W., a distance
of 25.02 feet), more or less, to the TRUE POINT OF BEGINNING.
The above described parcel contains 768 sq. ft. (0.018 acres), more or less.
Basis of Bearings: Bearings used in the calculations of coordinates are based on a grid bearing of
S. 89°39'13" E. (a distance of 2,627.88 feet), from the Center Quarter Comer of Section 25
(being monumented with a 3-1/2" brass cap stamped: "PLS 6499 T5N R73W + SEC 25 1987")
and at the Quarter Corner common to Sections 25 and 30 (being monumented with a 5/8" rebar
with no cap) both of which being located in Township 5 North, Range 73 West, Sixth Principal
Meridian, Larimer County, Colorado, as obtained from a Global Positionin: -m (GPS)
survey based on the Colorado High Accuracy Reference Network (CHA
Prepared by:
Stan Vermilyea P.L.S. 25381
For and on the behalf of AECOM
7595 Technology Way, Ste 200
Denver CO 80237
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Piccadilly Square •wners
Association, inc.
Rec. No. 20210031658
P.O. Box 834
Estes Park, CO 80517
PICAPILLY SQUARE CONDOS
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CKD Town of Estes Park
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Little Current Consulting, LLC
Rec. No. 201220000231
335 W. Riverside Dr,
Estes Park, CO 80517
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TOWN OF ESTES PARK
Memo immomeng !gm ppop
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To: Greg Muhonen, Public Works Director
Travis Machalek, Town Administrator
From: Jessica Garner, AICP, Community Development Director
Date: August 9, 2022
RE: Certification of Vacation of ROW: Parcel RW-11
This memo certifies that Parcel RW-11 has been acquired by CDOT through fee purchase
from the Picadilly Square Owners Association, and PW-11 ownership will be transferred to the
Town of Estes Park upon completion of the Loop project. Copies of the recorded deed and
ROW plan sheet are attached. Accordingly, the condition of vacation in section 1(A) of
Ordinance 05-22 has been satisfied, and the Ordinance and this certification may be recorded.