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HomeMy WebLinkAbout 945 Vacating Easment NP SubORDINANCE NO. 943 AN ORDINANCE APPROVING THE VACATION OF A WATERLINE EASEMENT AND EMERGENCY ACCESS EASEMENT WITHIN THE NEIGHBORS POINT SUBDIVISION WHEREAS, by Easement Deed dated May 3,20 recorded with the Weld County Clerk and Recorder on May 19, 20t4 at Reception No. 4017081, the Town was granted a waterline easement, which easement is legally described and depicted on Exhibit A4, attached hereto and incorporated herein by reference (the "Waterline Easement"); and WHEREAS, by Easement Deed dated May 13, 2014 recorded with the Weld County Clerk and Recorder on May 19, 2014 at Reception No. 4017080, the Town was granted an emergency access easement, which easement is legally described and depicted on Exhibit A-2, attached hereto and incorporated herein by reference (the "Access Easement"); and WHEREAS, the Town has approved Final Plats for Neighbors Point Filing Nos. 3 and 4, which includes the property encumbered by the Waterline and Access Easement and which plats provide for new access and utility easements; and WHEREAS, the Board of Trustees has determined that there no longer exists a need for the Waterline and Access Easements; and WHEREAS, the Board of Trustees has determined the Waterline and Access Easements are not and will not be needed for any public purposes and are not being used or held for park purposes or for any other governmental purpose; and WHEREAS, the Town Board desires to vacate its interests in the recorded Access Easement and Waterline Easement, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. The Town hereby vacates that certain Waterline Easement conveyed to the Town by Easement Deed dated May 13, 2014 recorded with the Weld County Clerk and Recorder on May 19, 2014 at Reception No. 4017081, which easement is legally described and depicted on Exhibit A-1, attached hereto and incorporated herein by reference (the "Waterline Easement"). Section 2. The Town hereby vacates that certain Access Easement conveyed to the Town by Easement Deed dated May 13, 2014 recorded with the Weld County Clerk and Recorder on May 19, 2014 at Reception No. 4017080, which easement is legally described and depicted on Exhibit A-2, attached hereto and incorporated herein by reference (the "Access Easement"). Section 3. The Mayor is authorized to execute such additional documents as may be necessary to evidence the vacation of the Waterline and Access Easements vacated by this ordinance. Section 4. All other ordinances or portions thereof inconsistent or in conflict with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN TITLE ONLY this 0yb6sS day of &&beA, 20 TOWN OF FIRESTONE, COLORADO C2� bi Sinc�lar, Mayor ATTEST: m lit Leah Vanarsdall, Town Clerk 10/18/2018 1:45 PM [mac]R:\Firestone\Subdivisions\1VeighborsPoint EasementVacation Ord #2.doc 2