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ORDINANCE NO. 05, SERIES 2012 INTRODUCED BY: COUNCILOR LUPBERGER AN ORDINANCE VACATING A UTILITY EASEMENT ON LOT 1, LAFAYETTE CORPORATE CAMPUS REPLAT F. WHEREAS, On February 7, 2012, the City Council approved the Site Plan/Architectural Review for a fire station on Lot 1, Lafayette Corporate Campus Replat F; and WHEREAS, previous portion of an existing utility easement dedicated on Lot 1 would conflict with the placement of the fire station building. Further, the underground utility line associated with such easement is not located entirely within the existing easement; and WHEREAS, with construction of the fire station, the underground utility line will be moved to a new location on the property, within a new easement being dedicated to the City; and WHEREAS, the utility easement in it’s current configuration will no longer needed upon installation of the replacement line; NOW, THEREFORE, THE CITY OF LAFAYETTE ORDAINS: Section 1. That portion of the utility easement, as depicted and described in Exhibit A, shall be, and is hereby vacated, contingent upon: a) The acceptance of a new, replacement utility easement by the City Council and completion of construction of a replacement line within the replacement easement no later than December 31, 2012. Section 2. The Council finds that, upon compliance with the above contingency, the utility easement to be vacated is no longer necessary for the public use and convenience. Section 3. That the City Council directs that a certified copy of this Ordinance be filed with the City Clerk and further, that the City Clerk index, file and make the Ordinance available to the public. Section 4. Upon fulfillment of the contingency set forth in Section 1 above, the City Clerk is directed to record a certified copy of this ordinance with the Boulder County Clerk and Recorder’s office, such recordation indicating the effectiveness of the vacation herein authorized. Section 5. 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 6. 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. ---PAGE BREAK--- City of Lafayette Ordinance No. 05, Series 2012 Page 2 Section 7. The repeal or modification of any provision of the Code of Ordinances of Lafayette, Colorado 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 8. This ordinance is deemed necessary for the protection of the health, welfare and safety of the community. Section 9. This ordinance shall become effective upon the latter of the 10th day following enactment, or the day following final publication of the ordinance. INTRODUCED, PASSED ON FIRST READING AND PUBLIC NOTICE ORDERED THIS 7TH DAY OF FEBRUARY, 2012. PASSED ON SECOND AND FINAL READING AND PUBLIC NOTICE ORDERED THIS 21ST DAY OF FEBRUARY, 2012. ATTEST: CITY OF LAFAYETTE, COLORADO Susan Koster, CMC, City Clerk Carolyn D. Cutler, Mayor APPROVED AS TO FORM: David S. Williamson, City Attorney ---PAGE BREAK--- City of Lafayette Ordinance No. 05, Series 2012 Page 3 Exhibit A (page 1 of 2) ---PAGE BREAK--- City of Lafayette Ordinance No. 05, Series 2012 Page 4 Exhibit A (page 2 of 2)