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03922391 10/20/2021 03:42 PM <br />RF: $28.00 DF: $0.00 Page: 1 of 4 <br />Electronically recorded in Boulder County Colorado. Recorded as received. <br />ORDINANCE NO. 1817 <br />SERIES 2021 <br />AN ORDINANCE APPROVING THE VACATION OF A 125-FOOT BY 30.60-FOOT <br />WIDE RIGHT-OF-WAY LYING SOUTH OF LOT 9, BLOCK 10, LOUISVILLE HEIGHTS <br />SUBDIVISION IN THE CITY OF LOUISVILLE <br />WHEREAS, by the plat of Louisville Heights, recorded in the Office of the Boulder County <br />Clerk and Recorder on November 19, 1904 on plat book 2, page 226, there was dedicated to the City <br />a 30.60-foot right-of-way, which 3,841 square foot area is hereafter referred to as the "Right -of -Way"; <br />and <br />WHEREAS, proper application has been made to the City for the vacation of the Right - <br />of -Way; and <br />WHEREAS, the City Council has determined that the Right -of -Way for which vacation <br />has been requested is not and has not been used or required as a roadway or thoroughfare for the <br />public; and <br />WHEREAS, the City Council has determined that the Right -of -Way for which vacation <br />has been requested is not and will not be used for any public purposes other than the southerly 7.9- <br />feet for the operation, maintenance, repair and replacement of public utilities; and <br />WHEREAS, the City Council has determined that the Right -of -Way for which vacation is <br />requested is not being used or held for park purposes or for any other governmental purposes; and <br />WHEREAS, the City Council desires to approve the application and vacate the City's interest <br />in the Right -of -Way described herein for which vacation is requested, subject to the reservation of an <br />easement for public utilities; <br />NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY <br />OF LOUISVILLE, COLORADO: <br />Section 1. Subject to the provisions of Section 2 hereof, the City hereby vacates that <br />certain 30.60-foot wide by 125-foot long right-of-way, running east -west and lying south of Lot 9, <br />Block 10, Louisville Heights Subdivision, which 3,841 square foot area is hereafter referred to as the <br />"Right -of -Way". Title to the vacated Right -of -Way shall vest in the manner provided by law. <br />Section 2. A Utility Easement is hereby reserved under, over, through and across the <br />southerly 7.9-feet of the Right -of -Way for the operation, maintenance, repair and replacement of <br />existing and future public utilities. Further, easements for existing public utilities, if any, shall not be <br />altered or amended by virtue of this ordinance. <br />Section 3. The Mayor and City Manager, or either of them, is authorized to execute such <br />additional documents as may be necessary to evidence the vacation of the Right -of -Way as set forth <br />herein. <br />Ordinance No. 1817, Series 2021 <br />Page 1 of 4 <br />