HomeMy WebLinkAboutORDINANCE 01-23ORDINANCE NO. 01-23
AN ORDINANCE VACATING A PORTION OF AN ALLEY PLATTED WITHIN
THE FIRST RESUBDIVISION OF BUENNA VISTA TERRACE
WHEREAS, the applicant, Todd Phillips, EP Real Estate LLC, has requested that
the Town Board of Trustees approve an Ordinance to vacate a portion of a platted alley;
and
WHEREAS, the Town of Estes Park Public Works Department has determined it
is in the best interest of the Town to vacate the portion of the alley located adjacent to
Lots 8A to 9A, and 8B to 9B of the First Resubdivision of Buenna Vista Terrace; and
WHEREAS, the subject alley was platted but never constructed, and is not
needed for access or for the Town's street system; and
WHEREAS, Town utilities remain on, under, and across the alley; and
WHEREAS, the Board of Trustees has determined that it is in the best interest of
the Town to permanently vacate the platted alley as more fully set forth herein, but to
reserve an easement to access and maintain the utilities.
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 hereby
vacates the portion of the platted alley as set forth on Exhibit A hereto, subject to the
reservation described in section 2 below. The Town Administrator or designee shall
record this ordinance with the County Clerk and Recorder.
Section 2: The Town hereby reserves a utility easement over, upon, under,
and across a portion of the vacated portion of the alley, as shown on Exhibit A
("proposed electric easement"), for the continued use of any and all existing utility
facilities or infrastructure, including but not limited to sewer, gas, water, electricity,
telephone, telecommunications, fiber optic, and stormwater drainage facilities. The
Town may modify this easement by reducing its scope as part of a future plat of the
property.
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 2-0''' -day of c=" r.3ra. , 2023.
TOWN OF ESTES PARK, COLORADO
/
By:
Mayor
ATTEST:
I hereby certify that the above Ordinance was introduced at a regular meeting of the
Board of Trustees on the day of 2023 and published by titl in a
newspaper of general circulation in the Town of Est Park, Colorado, on the ay
of `CV\ , 2023, all as required by the Statutes of the State of Colorado.
APPROVED AS TO FORM:
Town Attorney
BUENNA VISTA TERRACE ALLEY RIGHT—OF—WAY VACATION EXHIBIT
FOR LOTS 8A, 89, 9A, AND 9B, 1ST RESU9DMSION OF BUENNA VISTA TERRACE, BEING A PORTION OF THE NORTHWEST QUARTER CF SECTION 25. TOWNSHIP 5
NORTH, RANGE 73 WCST Of TI IC 671 P.M. TOWN OF ESTES PARE., COUNTY OF EARNER, STATE OF COLORADO.
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