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I • 5' H IID 11111 HhIH IIH ID HII H IllI ifi II I a f '.4, 643f 05/02/2006 02 08P Boulder County Clerk, CO AG R 216 00 D 0 00 WHEREAS, also in connection with such partial vacation, there has been proposed the execution of a Grant of Easements and Agreement among the above-referenced owners and the City to allow for owners' occupancy of the Center Portion—South Front Street Right-of-Way, for a term of not more than ten years, upon the conditions set forth in such Grant of Easements and Agreement; and WHEREAS,the City Council has determined that the Eastern Portion—South Front Street Right-of-Way and the Western Portion = South Front Street Right-of-Way are not and have not been used or required as a public roadway or thoroughfare; and WHEREAS, the City Council has determined that the Eastern Portion—South Front Street Right-of-Way and the Western Portion — South Front Street Right-of-Way for which vacation is proposed are not and will not be needed for any public purposes; and WHEREAS, the City Council has determined that the Eastern Portion— South Front Street Right-of-Way and the Western Portion — South Front Street Right-of-Way for which vacation is proposed are not being used or held for park purposes or for any other governmental purposes; and WHEREAS, the City Council by this ordinance desires to vacate the City's interests in the Eastern Portion — South Front Street Right-of-Way and the Western Portion — South Front Street Right-of-Way, as further descnbed herein, and to approve the execution of quit claims deeds and a Grant of Easements and Agreement in connection therewith. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE,COLORADO: Section 1. The foregoing recitals and Exhibit A hereto are incorporated herein by reference. Section 2. The City hereby vacates that certain "Eastern Portion— South Front Street Right-of-Way" and that certain "Western Portion — South Front Street Right-of-Way", being portions of the South Front Street Right-of-Way lying between Lots 16 and 17, Block 8, and Lots 10 and 11, Block 9 of the Murphy Place Subdivision, City of Louisville, Boulder County, Colorado, which vacated portions of right-of-way are as legally described and depicted, respectively, in Exhibit A, Item A-2 and Item A-3. Title to such vacated Eastern and Western Portions of the South Front Street Right-of-Way shall vest in the manner provided by law, subject to the restriction that such Eastern and Western Portions shall not be included in any setback measurement or in any calculation of applicable lot coverage, floor area or similar yard and bulk requirements for building or development of the adjacent platted lots constituting, respectively, 224 Front Street (Lots 16 and 17, Block 8, Murphy Place Subdivision) and 221 Front Street (Lots 10 and 11, Block 9, Murphy Place Subdivision); however, the foregoing shall not preclude the owners of 221 or 224 Front Street from requesting a variance or other administrative relief from any yard or bulk requirement, such request to be considered without