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HomeMy WebLinkAboutORDINANCE 07-070 0 ORDINANCE NO.7-07 AN ORDINANCE VACATING AERIAL AND OVERHEAD UTILITY EASEMENTS AND AN EASEMENT AND RIGHT-OF-WAY FOR PEDESTRIAN AND BICYCLE USE WHEREAS,owners of property within the Town of Estes Park have requested that the Town vacate certain overhead and aerial electric utility easements and an easement and right-of-way for pedestrian and bicycle use on their respective properties; and WHEREAS,the Estes Park Urban Renewal Authority (EPURA)is in the process of redeveloping the Wiest Drive area in downtown Estes Park;and WHEREAS,the redevelopment will relocate electrical service through new utility easements;and WHEREAS,the easement and right-of-way for pedestrian and bicycle use previously granted by the previous owners of the properties subject to this easement is no longer needed and should be vacated;and WHEREAS,upon the granting of new utility easements to the Town,the overhead and aerial easements are no longer needed;and WHEREAS,the Board of Trustees has determined that in the best interest of the Town to permanently abandon and vacate the overhead and aerial electric easements and the easement and 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 of the Town of Estes Park,Colorado hereby authorizes the vacation of the easements set forth on the Quit Claim Deeds,copies of which are attached hereto as Exhibit A and incorporated herein and by reference, subject to receipt by the Town of Estes Park of utility easements from the property owners. Section 2:Upon receipt of the new utility easements,the appropriate officials of the Town of Estes Park are authorized to execute the Quit Claim Deeds and deliver the same to the Grantees of said Deeds. Section 3:The adoption of this ordinance is hereby determined to be declared an emergency in order to immediately commence the construction project;and WHEREAS,in the opinion of the Board of Trustees an emergency exists,this a a ordinance shall take effect and be enforced immediately after its passage,adoption and signature of the Mayor. PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,COLORADO THIS &DAY OF ,2007. TOWN OF ESTES PARK By: ________ ,aor I hereby certify that the above Ordinance was introduced and read at a regular meeting of the Board of Trustees on the day of _____________________ 2007 and published in a newspaper of general circulation in the Town of Estes Park,Colorado,on the 3kh day of ______________________, 2007,all as required by the Statutes of the State of Colorado. Jacktb Williamson,Town Clerk 0Town Clerk kso c&N .00. 2