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HomeMy WebLinkAbout1001 Vacating A Portion of a Public Gas Line Easement Within Lot 10, Block 1, Del Camino Junction Business ParkORDINANCE NO. 1001 AN ORDINANCE OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, VACATING A PORTION OF A PUBLIC GAS LINE EASEMENT WITHIN LOT 10, BLOCK 1, DEL CAMINO JUNCTION BUSINESS PARK WHEREAS, the Fort Junction PUD Filing No.l Subdivision plat, which was recorded in the Weld County Clerk and Recorder's Office on June 6, 1994, dedicated to the public a fifty -foot gas line easement ("Easement") across Lot 1, Fort Junction PUD Filing No. 1; and WHEREAS, Lot 1, Fort Junction PUD Filing No. 1 was eventually annexed into the Town and subsequently re -subdivided into the Del Camino Junction Business Park in or around December 1999, creating Lot 10, Block 1, Del Camino Junction Business Park ("Property"); and WHEREAS, the Easement presently traverses the eastern portion of the Property; and WHEREAS, no public utility or other governmental unit currently utilizes the Easement to provide gas line infrastructure at Del Camino Junction Business Park for the benefit of the public at4arge or to the Property,itself; and WHEREAS, FlexSpace, LLC, as owner of the Property, has submitted a request to vacate a portion of the Easement traversing across the Property, as described and depicted on Exhibit A attached hereto; and WHEREAS, the Board of Trustees finds and determines the public interest (i.e. the Easement) encumbering the Property is no longer necessary for the public use and convenience. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: Section 1. That certain public gas line easement within Lot 10, Blocic 1, Del Camino Junction Business Park PUD, as depicted and described in Exhibit A, shall be vacated. Section 2. The Town Clerk is directed to record this ordinance with the Weld County Clerk and Recorder's Office, which shall indicate the effective date of the vacation authorized under this Ordinance No. 1001. Section 3. The Board of Trustees directs that a certified copy of this Ordinance be filed with the Town Clerk and further, the Town Clerlc index, file and make the Ordinance available to the public. Section 4. If any article, section, paragraph, sentence, clause or phrase of this ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The Board of Trustees hereby declares that it would have passed this ordinance and each part or parts hereof irrespective of the fact that any one part or parts be declared unconstitutional or invalid. Section 5. All other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof is hereby repealed to the extent of such inconsistency or conflict. INTRODUCED, READ, ADOPTED, APPROVED, AND ORDERED PUBLISHED IN FULL this 8th day of December , 2021. ATTEST: T Tr ttii�; Town Clerk Bobbi Sindelar, Mayor APPROVED AS TO FORM: William P. Hayashi, Town ttorney Exhibit A Easement to be Vacated GASLINE EASEMENT VACATION EXHIBIT GASLINE VACATION DESCRIPTION THIS DESCRIPTION IS BASED ON A SCALED LOCATION OF THE 50' GASLINE EASEMENT AS SHOWN ON REC, NO. 2391966 FORT JUNCTION PUD, FIRST FILING. THE PORTION OF THE 50GASLINE EASEMENT OVER AND ACROSS LOT 10, FORT JUNCTION PUD, FIRST FILING, LOCATED IN THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP 2 NORTH, RANGE 68 WEST OF THE 6TH P.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHERLY CORNER OF THE DEL CAMINO JUNCTION BUSINESS PARK PUD, REC. N0. 2739037, THENCE SOUTH 00014'22" WEST ON THE EAST LINE OF AN EXISTING 50' GASLINE EASEMENT, REC. NO. 2391966 FOR 1485,71 FEET TO THE NORTHERLY LINE OF LOT 10 OF SAID DEL CAMINO JUNCTION BUSINESS PARK PUD, SAID POINT BEING THE POINT OF BEGINNING; THENCE CONTINUING ON THE EAST LINE OF SAID GASLINE EASEMENT SOUTH 00814'22" WEST FOR 219,96 FEET TO THE SOUTH LINE OF SAID LOT 10, SAID POINT BEING THE BEGINNING OF A NON —TANGENT CURVE TO THE LEFT; THENCE 53.33 FEET ON THE SOUTH LINE OF SAID LOT 10 ON THE ARC OF SAID NON —TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 290.00 FEET AND BEING SUB —TENDED BY A CHORD BEARING SOUTH 70005'25" WEST FOR 53.26 FEET; THENCE NORTH 00014'22" EAST FOR 202.91 FEET TO THE NORTH LINE OF SAID LOT 10; THENCE ON THE NORTH LINE OF SAID LOT 10 FOR THE FOLLOWING 2 COURSES: 1. THENCE NORTH 63'38'50" EAST FOR 17.56 FEET; 2, THENCE NORTH 51'28'50" EAST FOR 43.99 FEET TO THE POINT OF BEGINNING. SAID GASLINE VACATION HAS AN AREA OF 10,447 SQUARE FEET, 0.240 ACRES MORE OR LESS. ��pDO Ll� 09/27/20 31159 ON BEHALF OF LAMP RYNEARSON, INC. EMAIL ADDRESS: LAINE.LANDAU®LAMPRYNEARSON.COM LOT 8 DEL CAMINO JUCTION BUSINESS PARK PUD REC, NO, 2739037 LOT 9 DEL CAMINO JUCTION BUSINESS PARK PUD REC, NO. 2739037 i• i; a• i is i I I I I I I 50.00' C/SUNE EASEMENT PER FORT JUNCTION PUB, FIRST HUNG REC, NO, 2391966 1 \ DEL CAMINO JUCTION BUSINESS PARK PUD REC, NO, 2739037 I LAMP RYNEARSON LAM P RYN E ARS O N .0 O M N51'28'50 N63'38'50 17.5 5 005326 33 I I I I I I I I a aearw�,vc GAS LI N E EASEMENT VACATION EXHIBIT