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HomeMy WebLinkAboutORDINANCE 08-000 ORDINANCE NO.8-00 AN ORDINANCE VACATING A A PORTION OF STANLEY AVENUE WHEREAS,the Town entered into a Development Agreement dated April 6, 1999,with JANCO Properties of Estes Park,RLLP;and WHEREAS,the Agreement provides that upon the exercise of the Town’s option to purchase certain reserved right-of-way,which the Town accomplished on May 16, 2000,the Town shall transfer a certain portion of the Stanley Avenue right-of-way to the then owners of Lot 33A and 34A;and WHEREAS,this Vacation Ordinance is the appropriate method to accomplish the transfer of the former right-of-way of Stanley Avenue;and WI-IEREAS,the Board of Trustees of the Town of Estes Park have determined that in order to fulfill the obligations of the Town pursuant to the aforementioned Development Agreement,the Town shall permanently abandon and vacate a portion of Stanley Avenue according to the terms and conditions of this Ordinance. 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 right-of-way of Stanley Avenue more filly set forth on Exhibit A attached hereto and incorporated herein by reference.Said right-of-way upon vacation shall become a part of Lots 33A and 34A as set forth on Exhibit A of the Amended Plat of Lots 32,33,34,35,and portions of Lots 1.31,and 37,White Meadow View Place Addition.to the Town of Estes Park.County of Larimer,State of Colorado. Section 2:The Town hereby reserves in the vacated portion of the Stanley Avenue right-of-way easements for the continued use of any existing sewer,gas,water, electricity,telephone,telecommunications,and drainage utilities. Section 3.Subject to reservation of easements set forth in Section 2,the Town surrenders any and all right,title and interest to the vacated portion of Stanley Avenue right-of-way set forth on Exhibit A. Section 4:This Ordinance shall take effect and be enforced thirty (30)days after its adoption and publication. C PASSED AND ADOPTED BY THE BOARrD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO THIS c23 DAY OF Mar ,2000. TOWN OF ESTES PARK ATTEST: *VantTown,bep I hereby certifSr that the above Ordinance was introduced and read at a meeting of the Board of Trustees on the 3rd day of A,!,2000,and published in a newspaper of general circulation in the Town of Este Park,Colorado on the ath day of ,2000. ?Va,n Azztkti Town Clerk 7 0 0EXHIBIT“A” Legal Descriptions: Right-of-Way of Stanley Avenue Transferred to Lot 33A: A portion of the NE ¼of the SW ¼of Section 30,T5N,R72W of the 6th P.M.more particularly described as follows: Commencing at the NW corner of Lot 33A,Amended Plat of Lots 32,33,34,35.and portions of Lots 1,31,and 37,White Meadow View Place Addition to the Town of Estes Park,Larirner County,Colorado;thence S 61°41’30 F 22.09’to the true point of beginning;thence 86.11’along a curve to the left with a radius of 144.20’and a 84.84’ chord which bears S 78°48 00 E;thence S 05°54’29’E 20.00’;thence S 76°42’29 E 1.88’;thence S 54°30’00’W 9.93’;thence N 61°41’30’XV 89.77’to the true point of beginning. Right-of-Way of Stanley Avenue Transferred to Lot 34A A portion of the NE ¼of the SW ¼of Section 30,T5N,R72W of the 6th P.M.more particularly described as follow: Commencing at the NE corner of Lot 34A,Amended Plat of Lots 32,33.34.35.and portions of Lots 1,31,and 37.White Meadow View Place Addition to the Town of Estes Park.Larimer County,Colorado;thence 5 540 30’00 XV 33.62’to the true point of beginning;thence S 54°30’00’W 79.84’;thence N 76°42’29 W 1.88’;thence N 05°54’ 29 XV 20.000 ;thence 74.47’along a curve to the left with a radius of 144.20’and a 73.65’ chord which bears N 69°17’45 E to the true point of beginning. 3