COUNCIL BILL NO. 1011 ORDINANCE NO. 0811

AN ORDINANCE

AN ORDINANCE VACATING A PORTION OF THE CEDAR PATH RIGHT-OF-WAY ADJACENT LOT 8, BLOCK 5, BUSBY’S SUBDIVISION OF A PART OF BLOCK C, TOWN OF MANITOU.

___________________ WHEREAS, the City Council, upon recommendation by the Planning Commission, finds that there are

existing private improvements over approximately 125 square feet of the platted Cedar Path right-of-way; and

WHEREAS, these existing encroachments make this area of right-of-way to be vacated unsuitable for

road use or access improvements; and WHEREAS, the subject area of right-of-way is unnecessary for future road development. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MANITOU SPRINGS, COLORADO, THAT: SECTION 1: The area described and shown on the attached Exhibit A and Exhibit B is hereby vacated. SECTION 2: This Ordinance shall be in full force and effect from and after five (5) days of its final

passage and publication as provided by law. SECTION 3: 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 City Council 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 4: The repeal or modification of any provision of Manitou Springs Municipal Code by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such provision. Each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty, forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or may be rendered, entered or made in such actions, suits, proceedings or prosecutions.

SECTION 5: This ordinance is deemed necessary for the protection of the health, welfare and safety of the community.

SECTION 6: This ordinance shall take effect five (5) days after final approval and adoption on second reading.

Passed on First Reading and Ordered Published this 15th day of March 2011.

/s/ Donna Kast City Clerk A Public Hearing on will be held at the April 5, 2011 City Council meeting. The Council Meeting will be held at 7:00 P.M. at City Hall, 606 Manitou Avenue, Manitou Springs, Colorado.

Ordinance Published: March 17, 2011. Pikes Peak Bulletin

Passed on Second Reading and Ordered Published this 5th day of April 2011.

Approved: /s/ Marc A. Snyder Mayor and City Council Attest: /s/ Donna Kast City Clerk

Approved for Council Action: /s/ Mike Leslie Deputy City Administrator Approved as to form: /s/ Jeff Parker City Attorney Published: April 7, 2011 Pikes Peak Bulletin

3898 Maizeland RoadColorado Springsr CO 80909

Phone: 719-528-6133Fax: 719-"528--6848

Surveying- Planning • Engineering o landscape Architecture www.ldc-mceom

BUSBY'S SUBD BLK C MANlrOU SPRINGSProject No. 10046Revised February 24, 2011Sheet 1 of 2

EXHIBIT "A"

LEGAL DESCRIPTION: RIGHT-OF-WAY "TO BE QUITCLAIMED"

A tract of land being a portion of the Southwest One-Quarter of Section 5, Township 14 South, Range 67 West of the6th P.M., also being that portion of Cedar Path (apparent 10' r.o.w.) as platted within Block 5 of BUSBY'SSUBDIVISION OF A PART OF BLOCK C, 'TOWN OF MANITOU' (Plat Book F, Page 21, EI Paso County, Coloradorecords) and that adjacent portion of Lincoln Avenue (3~' r.o.w.) as platted within said BUSBY'S SUBDIVISION,situate in the City of Manitou Springs; EI Paso County, Colorado, intended to be vacated and quitclaimed, describedas follows:

Beginning at the Southwest corner of Lot S, said BUSBY'S SUBDIVISION's Block 5 (all bearings in this descriptionare relative to the Southerly line of Lot 9 as platted within said BUSBY'S SUBDIVISION's Block 5, which bearsN63°2S'54"W"assumed"); thence Southeasterly on a non-tangent curve to the left and along the Northerlyright-of-way line of said Lincoln Avenue, said curve having a central angle of 32°50'54", a radius of 50.00 feet, an arclength of 28.67 feet (the chord to said curve bears S50023'22''E, a distance of 28.27 feet) to a point on a Southerlyconcrete driveway pan line, as extended Easterly, of 18 Lincoln Avenue's Easterly detached garage (the following six(6) courses are along the Southerly concrete driveway pan lines, foundation line and/or concrete sidewalk line asextended Northeasterly, relative to 18 Lincoln Avenue's detached garages); 1) N69°40'11 "W, 5.92 feet; 2)N54°54'46"W, 25.08 feet; 3) N10010'56''W, 4.92 feet; 4) N66°41'26"E, 0.58 feet; 5) N35°11'09"E, 22.00 feet; 6)N33°37'38"E, 4.99 feet to a point on the Easterly right-of-way line of Cedar Path (apparent 10' r.o.w.) as platted withinsaid BUSBY'S SUBDNlSION, said point also being coincident with the Westerly line of said Lot 8; thenceS22°51 '23''W along said coincident lines, 27.84 feet to the Point of Beginning;

Containing 0.003 acres (125 square feet), more or less.

SURVEYOR!S STATEMENT:

I, David V. Hostetler, a registered Professional Land Surveyor in the State of Colorado, do hereby state that theattached LEGAL DESCRIPTION and EXHIBIT were prepared under my direct responsibility, supervision, andchecking, and on the basis of my knowledge, information and belief, are correct.

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File: 10046 QG Legal.docDVHfrg \

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David V. Hostetler, Professional Land SurveyorColorado P.L.S. NQ.20681For and on behalf of LDC, Inc.

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RIGHT-OF-WAY QUITCLAIM EXHIBITA PORTION OF' THE SOUTHWEST ONE-QUARTER OF SECTION 5,

TOWNSHIP 14 SOUTH, RANGE 67 WEST OF THE 6TH P.M •• IN THE CITYOF MANITOU SPRINGS. EL PASO COUNTY. COLORADO

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CJ INDICATES RIGHT-OF-WAY"TO BE QUITCLAIMED"

DATENO.1 DESCRIPTION

02/17/11

1 I ClIENTCOMMENTS 01/12/11

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NOTE: ThIs EXHIBiT does not l'.epreJS:ont 0 mcnumented lORd survey,ond 1$ only intended to depict th •• ttached LEGAL DESCRIPTION.

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CHECKED BY: DVii REF. NO.: 100<88(H1