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HomeMy WebLinkAboutOrdinance 26-17RECEPTION #20170086045, 12/22/2017 2:37:47 PM, 1 of 3, $23.00 Angela Myers, Clerk & Recorder, Larimer County, CO ORDINANCE NO. 26-17 AN ORDINANCE VACATING A PORTION OF CONCORD LANE IN THE TOWN OF ESTES PARK WHEREAS, the owner of Lots 1 and 2 of the Waldo Addition -Subdivision to the Town of Estes Park, known as 850 Concord Lane (the "Property") has requested that the Town vacate the 30 foot road right-of-way (the "Right -of -Way") adjacent to the Property; and WHEREAS, the Right -of -Way was dedicated as access for potential future development to the north and east of the Property; and WHEREAS, any potential for future development to the north and east has been negated by the placement of conservation easements on the surrounding residential properties and land owned by the Bureau of Land Management and the Town of Estes Park; and WHEREAS, vacation of the Right -of -Way will not leave any land adjoining said vacated Right -of -Way without an established access to a public road; and WHEREAS, pursuant to Section 42-2-302 (a) C.R.S. upon vacation of this Right - of -Way, the title of the Right -of -Way shall vest in the Property; and WHEREAS, due to the fact that the boundary of the Right -of -Way constitutes the boundary line between the Town and ,Larimer County, Colorado, the Board of County Commissioners of Larimer County, Colorado is required to also approve the vacation of the Right -of -Way; and WHEREAS, the Board of Trustees has determined that it is in the best interest of the Town to permanently abandon and vacate the 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 as follows: Section 1: The Board of Trustees of the Town of Estes Park hereby vacates the Right - of -Way as is more fully described on Exhibit A attached hereto and incorporated herein by reference. Section 2: The Town surrenders any and all right, title and interest to the vacated Right - of -Way. TOWN OF ESTES PARK ✓PO BOX 1200 ESTES PARK CO80517 RECEPTION #20170086045, 12/22/2017 2:37:47 PM, 2 of 3, $23.00 Angela Myers, Clerk & Recorder, Larimer County, CO Section 3: The Town hereby reserves in the vacated the Right -of -Way easements for the continued use of any existing sewer, gas, water, electricity, telephone, telecommunications, and drainage facilities. Section 4: The vacation of the Right -of -Way is subject to the Board of County Commissioners of Larimer County, Colorado also vacating the Right -of -Way as provided in Section 43-2-303 (1)(d) C.R.S. Section 5: This Ordinance shall take effect and be enforced thirty (30) days after its adoption and publication. PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park, Colorado this1 day of ca c__,nrc5REe, , 2017. ATTEST: • TOWN OF ESTES PARK, COLORADO By: I hereby certify that the above ordinance was introduced and read at a meeting of the Board of Trustees on the .24441" day of Ocwov,. , 2017, and published in a newspaper of general publication in the Town of Estes Park, Colorado on the ,241i day of Oo4-0b-et , 2017. RECEPTION #20170086045, 12/22/2017 2:37:47 PM, 3 of 3, $23.00 Angela Myers, Clerk & Recorder, Larimer County, CO 2. EXHIBIT A ROAD RIGHT-OF-WAY VACATION PLAT A PORTION OF THY NORTHWEST 1/4 OF THE NORTHWEST 1/4, SECTION 81, TOWNSHIP 6 WORTH, RANGE 7E PST OF TEE 6TE P,H., COUNTY OF CARRIER, STATE OF COLORADO n c O F 60, 1N 2 9Sd 1148 'AY9_Sn-JhaTd Aa - >/ �. ` ..• fart 2aaoso9a •. L = Z. s br. t. -4 _c. Pogo 2 of 3 DRAWN DATE JJ5 0-13-2018 VAN HORN ENGINEERING 1043 Fish C•eek Rood — Estes Park. CO 80517 Phone: (970) 380-9388 — Fox: (9701 585-8101 SCALE PROD NO. 2000-07-10