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HomeMy WebLinkAboutWV-92-2 P O BOX 638 7500 WEST 29TH AVENUE • WHEAT TE~~1A~a~E:1108YP3Piss~DG E ~he City of Wheat Ridge The Wheat Ridge Department of Community Development F~as received a request for ~roval of a vacation of an unncar~ .,(;;-v-;,,,, .,f n,:;,,.. ~~....~ L_~____ ...__. ..,. , a~. ~.uc N~ ~Nc, ~y uCxrtueu OelOW. YOllr response to the following questions and any comments on this proposal would be appreciated by Suly 22, 1991 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: [a(] gl-5 ~ ~ THIS ACTION SHOULD BE APPROVED WITHOUT '~'~~ ANY SPECIAI, CONDITIONS. LOCATICN: ANFrox~inately 3365 tinicm Street -~ ~, REQUESTED ACTION: Rightrof-way vacation TONY TILCO%, R GHT OF WAY AGENT DISTR BUTION GHT OF WAY PUBLIC SERVICE COMPANY OF COLORADO PURPOSE: nTLY z2, 1991. ,APPROXIMATE AREA: 29-3-69 2003/156 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO If "NO", please explain below. 2. Are service lines available to the development? YES NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO If 'NO', please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES NO IF "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? Please reply to: Department of Community Deve opment Current Planning Division DISTRIBUTION: XX Water District (ConsoliZlated MYtual XX Sanitation District (Nw Lake3~vod xX Fire District (wheat Ridge Adjacent City ( ) XX Public Service Co. Mountain Bell ~ State Land Use Coirtoission ~ State Geological Survey ~ Colo. Division of Highways American Cable Vision Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Wheat Ridge Post Office Wheat Ridge Police Dept. Wheat Ridge Public Works Dept. Wheat Ridge Parks & Recreation Wheat Ridge Building Division sb/C.6.1./Rev. 10/21/86 COMMUNITY DEVELOPMENT * MEMORANDUM ~ TO: Approved Date -- ~ (~/ t~' l~ Greg Moberg, Planner I FROM: Steve Nguyen, Civil Engineer DATE: July 29, 1991 SIIBJECT: Right-of-Way Vacation at 3365 Union Street (Approx.) The Public Works Department has reviewed the request for approval of a vacation of right-of-way at the above location and are recommending against it for the following reasons: 1. There are existing utilities in the ROW strip. 2. This vacation will result in requiring a cul-de-sac for emergency access. 3. It is currently used for access and maintenance of Lena Gulch upstream of Union Street. THE Cfl*~OLIDATED MUTUAL WA'~:COMPANY 12700 West 27th ;lvenue P.0. Box 150068 ' LAIOiW00D, COLORADO 80215 Telephone 138.0451 July 16, 1991 ~c~, Mr. G. Moberg City of Whet Ridge Department of Community Development Current Planning Division P.O. Box 638 Wheat Ridge, Colorado 80034 Re: City of Wheat Ridge Case street right-of-way vacation, Street Number WV-91-5, proposed approximately 336 Union Dear Mr. Moberg: This will acknowledge receipt of your correspondence dated July 9, 1991 regarding the above. referenced proposed street right-of-way vacation. The Company has an existing 6-inch water .main that extends from West 32nd Avenue to West 34th Place in Union Street. The 6-inch main is an integral part of the Company's water system as it provides the system's looping in this area. We would like to request that the Company be granted a 60 Foot (60') Non-Exclusive Easement over the sixty foot portion of Union Street that is to be vacated. If it would be possible for us to acquire the above referenced easement, we then would have no objections to the proposed vacation request. If you have any questions or comments regarding this correspondence, please do not hesitate to contact this office. Sincerely, -s~~ Robert J. Ri era Chief Engineer RJR:j1 cc: Mike Queen, CMWCo Superintendent of Distribution Wally Welton, CMWCo Executive Vice President G i me aty or ~Whe at ADMINISTRATIVE PROCESS APPLICATION Rid a Department of Planning and Development g 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 Applicant Addresst .3'7 .+~/0 7,~ Phon~~~ ~,~pp„~ ` Owner / SG1.~F, ff$ /9u~aJE J Address Phone '~ ~ Location of request ~l~~pU G/i,l /a.J CST ~g „~j t,t,~ dT~i -- Type. of action requested (check one or more of the actions listed below which pertain to your request.) Change of zone or zone conditions 8 Variance/Waiver Site development plan appro"val Nonconforming use change Special use permit ^ Flood plain special exception Conditional use permit Interpretation of code- Temporary use/building permit Zone line modification Minor subdivision. Public Improvement Exception Subdivision Street vacation Preliminary Miscellaneous plat Final ** See attached procedural guide Solid waste landfill/ - mineral extraction permit for specific requiremerits . ^ Other ~ Detailed Description of request ~/p ~Lj /Lye ¢~~gl,(S~ eiJd I t~ ~A~flJ~ PL.A1 List all persons and companies who hold an interest in the described real property, as owner, mortgagee, lessee, optionee, etc. NAME/ ADDR S I certify that the information and exhibits herewith submitted are true and correct to the best of my knowledge and that in filing this application I , am acting with the knowledge and consent of those persons listed above without whose consent the requested - ' , or, cannot lawfully be accomplished. Applicants other than owners t ubmi power-of-attorney from the-owner which approved of this act"on o is b alf. Signature of Applicant Subscribed and s w o rn to this ~ day of~~~ 19 ~~ ~ , ~ ~ ~ ~~S_,~ ~~ `1\1 ~ Notary Publ7.ic SEAL My '.`` commission expires `~- ay -~ Date Received Gj- ~ -~Z„ Receipt No. -5Q1~-~ -Case No. J j ., 1rJ >= F ~ Z .--. ttI t,.. ~ ~ O W Q ~ ~ <~ fQ- f/) t THIS DEED. Maaetnia 14th dayaf -• .1982. between F(p.CfII,EFS7 7AUISE AhPS3N a/k/a F'71RYir~ L. AN$t'YPT of the "-'"- County of Jefferson and state of Colorado, or the first part, and ~ J Al a/1t./a TERKY J. AM~I RF.C7RDER'S STAMP r-~ rnoae legal addreu rs 3375 Un1.CI1 St2eet, 41T]edt ~', _. -. ..-._ _ _ __ - __ _ _- .. ~7 of the County of Jeffersal and state of --- Colorado, of the second part. ~~ K'iTNESSETH. That the said per ty of the first part. for and in consideration of the wm of • I I CmD AAID VAI+UAffi,E CO*I$IDP_RFITION- "•»C to the said party of the first part in hand paid by the acid party otthe second part, the receipt whereof is hereby confessed and acknowledged. has remised, released, xold. conveyed and QUIT CLAIMED, and by these !~ ,~ , presents do es remise, release, sell, com•ey and QUITCLAIM unto the said party of the second part, hj,g heirs, ii successors and assigns, forever, all the right, title, interest. claim and demand which the said party otthe first part i~ - has ' in snd to the follow•tny described lot or parcel of land situate, lying and being m th~• - ^-County + Jefferson and State of Colorado, to wit: ~ E of (f Ints 53 and 54, Applewood Village ~~ Subdivision, Second Filing, Cotmtg i~ of Jefferson ~~ ' ~np 7 q p ((~~ t4tlL1LY L! h71 iI• ~1 Recorded a ~ ~ U U I L 8',.?'ock M + .~- - - -- ---_- - -~ - - - -~ - --. .., ,....,.-,-, ...,._...,q Reception Ao~ - .-~i~'-~.tc~~,fiQ. -- Rt ~+4rdea _~ ._.._. _ -.V _.. _ .- - - -~._...~._.-_.T- T.~- ~~ - -- ' ;{ (No dectnrentary fee required; transfer is part of s dissolution ~! settleimm_nt in Jefferson County District- Court At:tion 82 DR 1188.) i if ;~ • ii ~) also known as street and number 3375 Union Street, 4d]eat Ridge,.COlor~7o 80033 'I TO FiA\'E ANh TO FIULP the same, toKet her with all and singular the apF`urtenances and privileges thereunto I belonging or to an}•wise thereunto appertaining, and all the estate, right. title, interest and claim whatsoever, of the said part y of the first part, rit her in law or equity. to Lhe only proper use. benefit and Lehoof orthe said party o! ~ j the second part, 1'Ll.gheirs and assigns forever. ~i I\ H'1T\ESS R'HF.REUF, The yard party of t ne first part hag hereunto rt jZpx hand '~ and seal the day and yea. ftrst shore writt.~n. ~~~.•~7.(,/{~_-Y~ ;~ _ ,4. e~~r----!SEAL] ~~ Sigurd. Sealed and Delivered m the F'rexn; r of Kathleen yU1Se ~n _ __(SEALj -- I; _ ISEALJ ~ ~SF.ALJ ', ~` E` )~ t~ 1yy is STATE t1F' COLURAUU. ss. ------ countvar Jefferson The foregoing instrument was acknowlyd{red before me this 14th 19 82 , by' Kathleen LOll7.ge A?imon a/k/a Kat:;leen L. Almlori. Aty commission expires :s 1h t day of $eptelilbPY June 7 , 79 83. K'itness my hand and orficial seal. 12600 hest 32nd Avenue, l`,~leat Ridge, CO. 80033 i • • ,. _ _ I ~.. e.__. .. a.i -- ~....~...._.~+ --_ c.Ya l~0. $`J3. geI'r CLAIM nEea.-B+W and Fublu+.y 15165 West UtO AVewa Golden Colada lots! OW) 7F0511 -_-t0 .~ r^ .k c-. K F ~r 1 ' ~ ~/ F ~ ( F F /F ~ ~ \ C!4SE NO. WV-92-2 EXHIBIT 'A' E E F , Q ~_ d ~~ ~• -i- (3' F 1 F ~~ E E F E E E F E E E F F E F E vacated to property owner F ~ ~ ~ vacated to%%~~ F Glty F E E E E F E E E E F F F E F F E -F F F E F E ~ ~ ~ ~ ~ ,c ~ < ~ ~ F E ~ E F E E F F F E F F F F ~ ~ ~ ~ . - -500 WEST 29TH AVENUE - ~ The Clty Of P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 (3031 234-5900 ~1Vheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge September 3, 1992. The Wheat Ridge Department of Community Development has received a request for approval of a street vacation of an unused portion of Union Street a.. ,...~ t.~..r~ ..Y .,.. .. .,.._.,... Your response to the following questions and any comments on this proposal would be appreciated by September 17. 1992 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WV-92-2 LOCATION: Approximately 3365 Union. Street REQUESTED ACTION: Street right-of-way vacation PURPOSE: Construction of a single-family residence APPROXIMATE AREA: n/a 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO I£ "NO", please explain below. 2. Are service lines available to the development? YES NO _____ If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject tb your rules and regulations? YES NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? ~n A , Please reply to: / G ~~~~`- ~-"`~~~"~ M. Reckert epartment of Planning & Development DISTRIBUTION: XX Water District (Consolidated Mutual XX Sanitation District ~Iorthwest)Lakewood XX Fire District (Wheat Rillge Adjacent City ( ) XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation <pc>referralform 06-26-92 American Cable Vision Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Wheat Ridge Post Office XX Wheat Ridge Police Dept. XX Wheat Ridge Public works Dept. XX Wheat Ridge Parks & Recreation Colorado Div. of Wildlife Wheat Ridge Bldg. Division _, ,-,.,, • N p I ~ . i • . . . • . I f •. .'. • • • • s • r + • • • + • • • • • • • • • • • ' . 1ST .. -IQ'dMS ~ . . • s > • ' !i, Q • D • '. > m m ' t x ' • 3, 3 • I- ' ' '~ • • m • 3 '. • •' • ~ '• ~ ++ • • • s ••• • • • •~•'• • Q) + • • • ',',' ~ ,',',' 1~ ~10fl'ffl ,'.' ~ ,'• • L ~ .•. '6 • O .•. a- ~ • .~. ~ ~ O ~.••~. '. O •', •• L _ , • •' B • .' ',•,'~ ~ ® ~ ', 1~ • • , 1~~d1 . •'• .' , • • ~ • ' • r • • + • . • • • • > • • • • a > • • • • • • > • • > ' a • • + • + • ' • • • • s •••~ • +'+'•~• s • s is ~rari , • .. ~ •.. .• • • •' • • ..~ ,. • . • • • • • • ~• • s + D^ • • , + • ~> •'• • • • • + r •+• • ' • • s ' • • ~~ •~ •~• ~ •,' 1 . # ~ DATEe~„ptember 8, 1942 TD: Mc M R k r , c.• ty of Wheatr" c~ a _D~nt of P7 anniny~Dev- FROM: Rov R._ Crofton, EnaineArinq Supervisor, NMp SUHJ: Capital Improvement pro[7ocn7 ~r '~ d rn ~oineerinp PRDPDSAL NAME: Case # Wtt-42-2, Vacation of and unused portion of Union Street 9aetween W. 32nd Aue and W. 34th Ave. ADDRESS: Approximately 33,55 Union Street DATE RECEIVED IN ENGINEERING: September 8, 1492 Fublic Service Company has no objection to the proposed vacation of Union Street with the exception of a segment (approximately 2tlc? ft-. long} running south (ram the south property line of W. 34th Place. We F7ave a 1.25" MW gas main in the street RDW in this area. If the street is to be vacated in this area provisions should be made granting us an easement. I have attached a segment of our plat sheet with the gas main segment "hi-lited" far your information. As far as I can tell there are na electric facilities in conflict. Thanks Ray raft CITY OF WHEAT RIDGE ~ _r~~~M SEP 0 91992 LPL; Li --- PLANNING & DEUELQPM>:~,lT ' ~i :' ~ is a L_ a __ Z w 3 W m a cJ - 60' P(22-47) I I m f ~ a H U Z 50' 1 N t0 3' 0(1083-707) a rn N h O I n N a Q ~ 1 'P• ~ '~ ~~ I S ~ Ina 7549 -W 37 o IY 7 W 37TH 45' 7543 PL - I ~ -~ I I ~ U I I 50' P(30-15) Z ~ M _~ ~ o:~ Z = 50' I ~ 45; Ina nl P(26-34) U 75 5 W 36TH PL as' __ ~ 7545 7544 ~ ~ N I I o on ]53fi I ~ d 1N I -7s47 W 36T ,tt~ I 50' 45' ~ ~~ I U P(29-56) f- ~ Z ~ ~ In In Q In N Z 50' N Q' ~ v o Q P(30-29) oI n Ma ~ na Ma ~ Ma ^~ I~I - is34 -- --- --P3-., - .-- 7533 ---W 35TH AV -- '---` ieae Q'W 35TH AVE !5X22' U 'i7083-709) v Z 50' P(15-~63) ~ 25' 0(1683-709) O h ~s`"P~ N~ ~~~ I it ,:^, f I I N~ p N I I N ~' v j < I OI F- rn ~ a a n . a ,:.~ ~ 60' a ¢ m F -- o" I Ina 30' N P(74-49) I` ~ -___-__ 7516 _F,?-_-___ _-_ ~ -- .. 50' ~n I 30' P(22-16) ~h P(67-60) 30' /PUBLIC P(19-63) ~ D(81 D4' O ~ X01 / ~~5~® P(22-30; ~ M ,, I ' ~ _ ~~s-~a- -~/ 25' 6(1083-709) M ,p ~ N O Ov ~a as 7573 ~u2645) ~~y ~...~... ~ / ~ ~ / ~ P(21-79) F ~ / ' Q ~ J~.C' / upi N O 45 ~P ~y G ~ I ~ a Z ,„ > / ~ / ,ti V ~yti;~ ~~ 25' ~ ]sss ~ Q i~\ is J / ~~ ~ `~ ~ y~ - ~ 25 P(1315-17) n ~1,~ 53 J55562 3 '° ~ 1 i '' /ah rn ~ ~ r ~~ ; ~sss - ---W 37f 55' I N N / 1 I tt pp µ I ~' _ r. yj N Ov Ov Y d c d (7~) Sa' ~ O~: .Y d O I°p O p I O n.~..-, d In I ti P(21 -19) IIM1 --W 32ND AVE--~tsz4 -- -f--- - N 89°29'16" E "riE "EiJTLY ~~r~N PiOT Ali 'STREET MONUMENTS' are far the sole purpose of defining right-of-way intersection points by the City of Wheat Ridge. Any other uses will noi.be rewgnized by the City of Wheat Ridge or Jefferson County, Cdorado. L_,..~° ....a.... ° ..., ~. i ~ PO ---~--- 2662.96' STATEMENT Of i, John S. Lambert, a regisiered lord surv Colorado, do hereby slate that the survey drawing was prepored for Ehe City of Whea Public Works, 7500 W. 29th Avenue, w~' (OP ruI f.nS. ni{ of C„II .-J.. L !\.:. _ ~ ' J I5f ~ 16]1 I _ ~1X ~~ `~~ IYY ~ fYJS ^ 1101• ~ 11 _ ~ L _ _ _~ !611 1 VYV 1 I IYY ~ m i pp }S EEE J ~rv~W rv 5611 ~{2~55S 1306!3' a '~ •5 3 '13 .'([.YT~I~~~~F\\~)~ O µ ~ f 3E i x ;;0° _ _._ E [y~r~l{6~f+•'Ir' 'I ~ Vfb3 EJS ~M-~^-`~ 1561 156 H ~Y JI / .f jy0) y- ~ ~ L ~. / b E1M = F~E ~ SEE ~ SEEN ~S~fEEI ~I~ • • n 1516 Sif mw o u n m = m _ EE IISf •YI _ EJN ,1N XE !MY - \YY a IYV y )y5) rJ~ iw -] [ ~ V~ Yw EJx EE Ef _ 'NiYV n_ IJU a_ V ]Sl{ if5 iiC SE )+w ~-- A- ~n J tl _ f1~5 / EIS nf!$BEE b I 1 ~ 'F 09y ; 11965 EE w tl 166 CI eE yR 519{ 1P] 1{ _ _ 1 rte, ~P Y2N a ~rv - N _ \ 369 • I 1. pj~ 1 /1 Ixo9s ~ 1 _ -. q W 35TW ivw i6o .. 90 •s:f - - 91 _ ~ l 9~ AVE , 1 ly{{ ~]II 9xs0 r L9 1. ti ti `' Ez1~ _ 5 ~ )19~ re6o _ 6G nu ~° '_Y66o n ,~+• 'u °e E E.. ~ SEE ° ~ i uN u2Y FBN SfE EE Y mx W TY SY _ _ _ ~ v. ~ E]N V55 E~ 5 p ICE EE SEE Z " - - ~ - 5500 ]SE SEY -SEA S ( r Ylu ~ .- a rx:> i Eo `fir •- _, 1wN 13 h JJ 1118 ~, ].B• N W 34TH PL [ 3"' EEJ9E ~ lxvxv vx 3395 r •~ XSV px o ~ ]]66 ]]9S MN SSE J]91 oe XE E JvV ' ,w5a 1)91 \ _ IIiF /~ ; _ e~~ _ \.~Y / !' \ Y217Y,. ~I 1. ~ i 111'IN 1150 vE35E u l.~ rv X1)06 l rv vel . _ r„ J ~{s / = ~ 90W 33RD PL '.~ T~ i 3381 xiE p03 E229 sib ]]1 5 1 166 1 e ]]19 p ~ IS Q •6 `~ 15121 5Y - 519E ~ Y i$ / - 124 IYV w 3 .B ~ J _ .X E3f ivi r •` p ` Sv3xY f}9 E€~ 3139 ¢ f v .x, IsxsY EE Iv]s. 3 fu~4Y, SY1 SE Il6rf,ES1 N ~ 1311 `f 11 ~ 1$YSY JS{1 11 Sf I$a /~ ,1C `1 5 A GL V ]t6J ~ ;~~8 F- c~ ~• sic gay b 00W 33RD AVE N ~ 3E ` n !~ xMY 1331 151 • ~ ~ ]EB IJV ryrl Z IN]25=•0 90 SQY f n ~-r0 `] p }f b 1 161 III31 11111 t~ Y SY ~ ~ gi 1 = ~ • MYMY YEN SN 1 N jx ~ ~1 ~ ~ 90 YY 1YY 1210 • J[ 13110 1... ' ,~ ~Nf or gf$ 1. 553 IIMM U $E 21 ME E¢NE ~ ~~,~~ W v 1211 I21J 1 ~ 1269 ( b~ .1 lf_ ~ r O !M •111 ~ Y. EL r 1 EiYS051 ~Q ~__ 12fy e C 1 x10E O^{b• 1r ~~ ~ 1211 ] t__ 5° n 1 n • NY . ~3 I Va 11 IXM 10 I [25 3350 ~" ^•~ $V3MV • °/ YuY 5~' n' W 32ND PLC'("' IsYSY Rf )5[ 'j ryE pg ']E ]2 5 „I .'.i{l -jJ 1329 riE xE SS 1191 -_ _; 1( ~_ • _ ~__,,rv„ ~ {~~ _2-~. ( )v ~ m_ E3T 355 ~ 30 ~^ 6YIf1 JVVS SI1V - ' 6YYN 9EE2 J iEfN 1' - 6 _I }9 ] 5 ~1V iFE 7 .9 ~Y2025 ~0 __. .. - - AVE W 32ND-AVE f ' ' 3 0 - q- 1213 _. _ X15 ~~• 1195 19 ]p0 {I 3~ , \S `"(5122 12°22 C~ -0 IYYN N1V 2J ~ ai [~ 165 ~ Q.i NCO YY ! Y~1 1«_Cf 113 01 IE°0J j})y ~r. ~ ' Y 1 S~i $E. 3131 ~ ~a 1 t 1 s ~ P~~ e ill 120 ] ~ v ~ a { o \ ~' p` .1111 - - z103-/SE: s~MMS s 121 E{ .F. .. ' ~ ~, '-- -50C WEST 29TH AVENUE - P.O.BOX 638 The City Of* WHEAT RIDGE. CO 80034-0838 - (303) 234-5900 - heat City Admin. Fax # 234-5924 - - Police Dept. Fax ~ 235-2949 _ •+~'• ldge September 3, 1992. The Wheat Ridge Department of Community Development has received a request for approval of a street vacation o£ an unused portion of Union Street at the, property described below.- Your response to the following questions and any comments on this proposal would be appreciated by September 17, 1992 No response from you by-this date will constitute no objections or concerns regarding this proposal. CASE NO: WV-92-2 LOCATION: Approximately 3365 Union Street REQUESTED ACTION: Street right-of-way vacation PURPOSE: Construction of a single-family residence APPROXIMATE AREA: n/a 1. Are public facilities or services provided by your serve this development? YES NO _If."NO", please explain below. 2. Are service lines available to the development? YES NO If "NO", please explain below. agency adequate to 3. Do you have adequate capacities to service the. development? YES NO if "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES NO _ If "NO", please explain below. 5. Are .there any concerns or problems your agency has identified which would or should affect approval of this request? ~' ~/ Please reply- to: / G`~~Leti~-e'.-~ *-w M Reckert _ Department of Planning & Development DISTRIBUTION: XX Water. District (Consolid~.ted Mutual XX Sanitation District 4~Torthwest)Lakewood XX Fire District (Wheat RiDlge Adjacent City ( ) XX Public Service Co. XX US West Communications State-Land Use Commission State Geological Survey Colorado Dept. of Transportation <pc>referralform 06-26-92 American Cable Vision Jefferson-Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Wheat Ridge Post-Office XX Wheat Ridge Police Dept. XX Wheat Ridge Public Works Dept. XX Wheat Ridge Parks & Recreation Colorado Div. of Wildlife Wheat Ridge Bldg. Division THE CONSOLIDATED MUTUAL WATER COMPANY 12700 West 27th Avenue • P.O. Box 15068 LAKEWOOD, COLORA44Dgg~~O 80215 Telephogeep~~ember 14, 1992 CITY OF WHEAT RIDGE ~ - r~n2r~_ SEP 15 1992 Ms. Meredith_Reckert City of Wheat Ridge Department of Planning and Development PLANNING & UEVELOP,I~EN]' P.O. Box 638 Wheat Ridge, Colorado 80034-0638 Re: City of Wheat Ridge Case Number WV-92-2, proposed Street Right-of-Way Vacation, approximately 3365 Union Street Dear Ms. Reckert: This will acknowledge receipt of your correspondence dated September 3, 1992 regarding the above referenced proposed .street right-of-way vacation. The Company has an existing 6-inch water main that extends from West 32nd Avenue to West= 34th Place in Union Street. The 6-inch main is_an integral part of the Company's water system as it_~rovides the-system's looping in this area. We requested~n our letter addressed to Mr. G. Moberg of the City of Wheat Ridge, dated July 16, 1991, that the Company be granted a Sixty-Foot (60 :) Non-Exclusive Easement Agreement over the _sixty-foot portion of Union Street that is to be vacated (copy_of -letter. enclosed). -We had stated in the letter that if -we .acquired the _easement, we would not have any objections to the proposed. vacation request. As of this date.; we -have not received the necessary easement agreement. Therefore,-we still have a conflict with the proposed vacation-request. Please,-contact this office so that :,*e may discuss this matt°_r ~ur,,zther. Sincerely, Michael een Superintendent of Distribution MEQ:jl enclosure cc: Robert J. Rivera; CMWCo Vice President, E&0 Lynn Newman, CMWCo Chief Engineer Donna Strong, CMWCo Engineering/Distribution. Clerk r '500 WEST 29TH AVENUE The City of P.O. BOX 638 WHEAT R1DGE. CO 80034-0638 (3031 234-5900 cWheat City Admin. Fax # 234-5924 Police Dept. Fax ~ 235-2949 Ridge September 3, 1992 The Wheat Ridge Department of Community Development has received a iequest for approval of a street vacation of an unused ortion of Union Street - at the property ae sc:i iucu ucivw. Your response to the following questions-and any comments on-this proposal would be appreciated by September 17 1992 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WV-92-2 LOCATION: Approximately 3365 Union. Street REQUESTED ACTION: Street right-of-way vacation PURPOSE: Construction of a single-family residence APPROXIMATE AREA: n/a 1. Are public facilities or services provided by your agency adequate to serve this development? YES / NO If "NO", please explain below. 2. Are service lines available to the development? YES ~ NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES ~ NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES ~ NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? 1~7a a.4~Slr~wwa.1 Cou.~,,, cc1'l-S art ~~~ Iv`-<- -to-YL - Please reply to: ~~~~`~ ~~~ M. Reckert '~`"" epartment of Planning & Development DISTRIBUTION: XX Water District (Consolidated Mutual XX Sanitation District 4~7orthwest)Lakewood XX Fire District (Wheat Ridge Adjacent City ( ) XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation <pc>referralform 06-26-92 American Cable Vision Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Wheat Ridge Post Office XX Wheat Ridge Police Dept. XX Wheat Ridge Public Works Dept. XX Wheat Ridge Parks & Recreation Colorado Div. of Wildlife Wheat Ridge Bldg. Division r, ~ ,,, . lU~~flT ~IDG~ ~I~~ ~~RO1~C110D DISI~ICT P.O. Box 507 3880 Upham Street Wheat Ridge, Colorado 80034 (303) 424-7323 September 10, 1992 Meredith Reckert Department of Planning & Development City of Wheat Ridge Wheat Ridge Co., 80033 RE: Case Number: WV-92-2 Street right-of-way Approximately 3365 Union Street Dear Meredith, After a review of the request to vacate a portion of the street located at approximately 3365 Union Street, please be advised that the Fire District is opposed to this request. The reasons for opposition are as follows: 1. Granting of this request will negate any future access direct from 32nd Avenue on Union Street north of 32nd Drive across Lena Gulch to adjoining addresses on Union Street:- 2. Access to Union Street north of Lena Gulch must currently be made from 32nd Avenue via Vivian Drive to 34th Place, east to Union, or from Ward Road to 35 Ave., east to IInion Street. Both of these routes result in additional time travel to access Union Street north of Lena Gulch. 3. We do not believe that it is in the best interest of the public to cut off access to area's where future expansion will result in delayed emergency response time due to increased travel distances resulting from lack of direct access via public roadways. While public facilities and services, service lines, and adequate capacities are available and we currently service this area, we respectfully request that our opposition to this vacation request be aired with all parties involved. R~ espectfu ~D~avi rd{//Roberts Fire Marshal W.R.F.P.D. xcopy:file -- _ ~ . '500 WEST 29TH AVENUE The Crfy of P.0. BOX 638 WHEAT RIDGE. CO 80034-0638 (3031 234-5900 heat City Admin. Fax k 234-5924 Police Dept. Fax n 235-2949 Ridge September 3, 1992 The Wheat Ridge Department of Community Development has received a request for approval of a street vacation of an unused portion of Union Street aL Lne j]i c~Erct ~.y uco....a. i..~.. ....-..~.,... Your response to the following questions and any comments on this proposa would be appreciated by September 17, 1992 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WV-92-2 LOCATION: Approximately 3365 Union Street REQUESTED ACTION: Street right-of-way vacation PURPOSE: Construction of a single-family residence APPROXIMATE AREA: n/a 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO If ",NO", please explain below. 2. Are service lines available to the development? YES NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO If "NO", please explain below. 4. Can and will your .agency service this proposed development subject to your rules and regulations? YES NO If "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? Please reply to: / L w~L+-~~`- ~"`~~~~~ M. Reckert epartment of Planning & Development DISTRIBUTION: XX Water District (Consolidated Mutual XX Sanitation District ~7orthwest)Lakewood XX Fire District (Wheat Ri}lge Adjacent City ( ) XX Public Service Co. XX US West Communications State Land Use Commission State Geological Survey Colorado Dept. of Transportation <pc>referralform 06-26-92 American Cable Vision Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Wheat Ridge Post Office X Wheat Ridge Police Dept XX Wheat Ridge Public Works Dept. XX Wheat Ridge Parks & Recreation Colorado Div. of Wildlife Wheat Ridge Bldg. Division Ca r.... '500 WEST 29TH AVENUE P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 City Admin. Fax # 234-5924 September 3, 1992 $~ANNING & DEYELDFMENT ~~x~ o~~HEgT~ The City of ~-> s ~~ Wheat ~ ' ~' Ridge cOCORA~O The Wheat Ridge Department of Community Development has received a request I for annradal of a street vacation of_an unused Aortion of Union Street at the property aescrioea oelow. Your response to the following questions and any comments on this proposal would be appreciated by September 17 1992 No response from you by this date will constitute no objections or concerns regarding this proposal. CASE NO: WV-92-2 LOCATION: Approximately REQUESTED ACTION,~Street right-of-way vacation PURPOSE: Construction of a single-family residence APPROXIMATE AREA: n/a ~ !S D~1~ ' 1. Are public facilities or services provided by your agency adequate to serve this development? YES NO If "NO", please explain below. 2. Are service lines available to the development? YES NO If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES NO If "NO", please explain below. 4. Can and will your agency service this proposed development subject to your rules and regulations? YES NO 2f "NO", please explain below. 5. Are there any concerns or problems your agency has identified which would or should affect approval of this request? ~® Fp~C1t,ITJgg 1~ STQCGT TO i3 ~ ~ R ~ TAD Please reply to: ~~~~`- ~~~'~'~ M. Reckert epartment of Planning & Development DISTRIBUTIDN: XX Water District (Consolidated Mutual XX Sanitation District ~Torthwest)Lakewood X Fire District (Wheat Ri}]ge Adjacent City ( ) Public Service Co. S West Communications tate Land Use Commission State Geological Survey Colorado Dept. of Transportation <pc>referralform 06-26-92 CITY OF WHEAT RIDGE U~ nrf-3(k3~.23.4r5.90~ ~ ~ ~ I American Cable Vision Jefferson Co. Health Dept. Jefferson Co. Schools Jefferson Co. Commissioners Wheat Ridge Post Office XX Wheat Ridge Police Dept. XX Wheat Ridge Public Works Dept. XX Wheat Ridge Parks & Recreation Colorado Div. of Wildlife Wheat Ridge Bldg. Division c, ,.,.. ' ~' NORTHWEST LAKEWOOD SANTTATION DISTRICT 390 Union Boulevard, Suite 310 ' Lakewood, Colorado 80228 (303)987-0835 September 11, 1992 Ms. Meredith Recker^t City e{ Wheat Ridge Plannino Dept. F.D. BL`Gx 63S Wheat Ridge, Co. 80034-G638 CITY OF WHEAT RTDGE ~~~~. '' D gEp 14 1992 t'JJI~V ',PLANNING & REVELOPMENT Re: Pi opose.d Union Si_ vacatfori Dear Ms. Reckert: The Northwest Lakewood Sanitation District. would oppose a vacation of Union St between W. 32nd Ave. and W. 34th- Ave. The District maintains an active, eight: inch sanitary sewer and two manholes within the dedicated street at that location. The main crosses Lena_Gulch from the south, turn=_ east at a rnanhoie, runs 26 feet. to another manhole, and turns north again running to approximately W. 34th Ave. The area around the two manholes is currently open and free of obstructions. The district would resist an effort to landscape, improve or otherwise remove the accessibility to our manholes strictly from a maintenance point of view. if tF<c•re are ~Furt!-;er questions, plr.>ase ccntacc, Do r. W.lli-;oit at 422-4046 or 98?--0835. Than6; vou, ~- ~~ ~i _ Don l~~l.l lhc;it District I`lanager Nor^tnwest Lakewood Sanitation District _, NOTICE OF PUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before the City of Wheat-Ridge Planning Commission on October 15, 1992 at .7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. .All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be heard: 1. Case No WZ-92-7• An-application by Richard Todd for Phillip G. Haas for approval o£ a rezoning from Agricultural-One (A-1) to Planned Commercial Development (PCD) and for approval of a combined outline and final development plan and plat. Said property is located at 5000 Robb Street and is legally described as follows: A TRACT OF LAND SITUATED IN THE SW1/4 OF SECTION. 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST, OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST N89°26'26"E, 663.61 FEET Al P91NT OF BEGINNING; THENCE N00°17'51"W, 229.60 THENCE N89029'40"E, 664.19 THENCE S00°16'19"E, 229.60 THENCE S89°29'40"W, 664.09 SAID TRACT CONTAINING 3.50 CORNER OF SAID SECTION 16; THENCE QD N00017'51"W, 1090.60 FEET TO THE TRUE FEET; FEET; FEET; FEET TO THE TRUE POINT OF BEGINNING. ACRES, MORE OR LESS. 2, s`ase No WV-92-2: An application by Terry J. Ammon for approval of a right-of-way vacation for an unused portion of Union Street. Said property is adjacent to Lot 54 of Applewood Village 2nd Filing Subdivision and is legally described as follows: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST, THENCE SOUTH A DISTANCE OF 615.31 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 0° 14 FEET EAST A DISTANCE OF 106.55 FEET; THENCE SOUTH 890 28.1 WEST A DISTANCE OF 30 FEET; THENCE NORTH 0° 41 FEET WEST A DISTANCE OF 106.55 FEET; THENCE NORTH 890 28.1 EAST A DISTANCE OF 30 FEET TO THE TRUE POINT OF BEGINNING OF CONTAINING 3196.5 SQUARE FEET, MORE OR LESS. ~ __ e _ _ _ Sandra Wiggins, a tart' ATTEST: Wanda Sang, City Clerk To be Published: October 1, 1992 Wheat Ridge Sentinel <pc>pnwz927/wv922 ,500 WEST 29TH AVENUE The City 0f P.O. BOX 638 WHEAT RIDGE. CO 80034-0638 - - -- -- - - (303) 234-5900 ~V6Theat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge October 1, 1992 This is to inform you that Case No. wv-92 ? which is a ML S request for - - ortion of Union Street _ - '- for property located at adjacent to 3365 Union G;-reet will be heard by the Wheat Ridge lanninc~ Comm;cc;on _ in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at x:30 p.m.c on October 15, 1992 All owners and/or their legal counsel of the parcel under consideration m s be present at this hearing before the Planning Commission _ As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform ~, „ w d~ ~ ` m a ' ~ ~ m ~ a ~ a M1 4 > c $ > '~ m ul ~ `-' N N N W to m=' h ~ .., LL ~ ~ 3> o y o d ~ ~` ' 9 b a m _ o m a p a m a w ; o i y Q ~ E RI >. U m 3 t~ 0 r~ (V U N U ~C]( / O j ~. p U 2 ~ ~ N ~ J ~ ~ _ Q -- -- - 0 Q y 4' V V I~ h 8 8 ~ , m $8 ~ E~ gg ffi~~ ~ t E ~ z yy vi ~ ~ t (y {xl" i o ~35 ~ ~ ~ ~' s ~ _ 5 ~ I ~ ~ ' fi'~ ~ ~ ~ ` ~ y ` '_ E a d ~=~ ~ Cq £_ $ ~ I oaf a'^= 'T ` ~ °~ ~ +i +y~f Iw r'E`i ~ . _ g =LL g g 'p + Y O' C L.. N •J 0 ¢ g fr~F Q~¢ ~1 ~ ~ a mm= ~ NN ~ ~2 ~ ® 'a T•~g~Y. ~9.a Q i"I ~! t> FY _ Q.. K pa ~` Rm2~J wE A'o °zd~a3YFm U Q ~ m+'.. 9...$ oi ' `m y d a 7 m ;~, r~ w ~ .ca G~ ~~ ~ '03 ~ ~ o a K. ~ ~ ~ w wz ~. s~ LL V~ '~` n o m= ~ ~ ~ Oy 3o w g ~ A ~ ~ ~ + ~.. ~ P o h w p + ~ o o ~ m ~ .. ~ • sE} rs ~ ~ ~ U Z H - __ ~ I.L ~ U ~ W ~ ~~~ ~ a F F a w U W z F- W U N m m m E C m Q LL a c6 . _ F f a -- w U W j ELS OZ6 E2(~ d f, ~. .". ~_ MEIU(aRANDUM Approved Date TO: Meredith Reckert, Planner " ~ FROM: Steve Nguyen, Civil Engineer DATE: October 2, 1992 SUBJECT: Street right-of--way vacation at 3365 Union Street The Public Works Department has reviewed the request for approval of a vaca- tion of right-of--way at the above location and is recommending against tt for the follow- ing reasons: 1. Public Works had sent a memo to Greg Moberg on July 29, 1991 on the above property (please see the attached). All the comments m that memo are still considered valid by this department. 2. The existing right-of--way strip was acquired and/or established for future con- nection of Union Street. Public Works Department desires to keep this option viable. cc: John Oss, Senior Project Engineer I~.___. ±... € I ~i E~.';_„ t~ ~ ~ 192 ~ I ~~~ ~- MEMORANDUM Approved Date T0: Greg Moberg, Planner I FROMs_ Steve Nguyen, Civil Engineer DATE: July 29, 1991 SUBJECT: Right-of-Way Vacation at 3365 Union Street (Approx.) The Public Works Department has reviewed the request for approval of a vacation of right-of-way at the above location and are recommending against it for the following reasons: 1. There are existing utilities in the ROW strip. 2. This vacation will result in requiring a cul-de-sac for emergency access. 3. It is currently used for access and maintenance of Lena Gulch upstream of Union Street. ~_T,. NORTHV~~:ST LAKEWOOD SANITATIOl ISTRICT .~,_..._ ... .._ ..._ .:.. 390 Union Boulevard, Suite 310 Lakewood, Colorado 80228 (303) 987-0835 / ~v ' ~ O ~ `~ October 13, 1492 Terrance Ammon 3375 Union St Wheat Ridge, Co. 60033 Re: Telephone conversation of'10-13-92 Dear Mr. Ammon; In light of our discussion of your plans in reference to the vacation of Union St., the Northwest Lakewood Sanitation District sees no problem with the street vacation under the following condition you proposed: A sixty (60) foot, non-exclusive easement encompassing both the Consolidated Mutual Water Co. water main and the Northwest Lakewood Sanitation District sewer main be issued. .' If I. can be of further assistance, please call. Sincerely ~~- /~ Don Willhoit District Manager ~, ,[ s""•; ' "7' CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT T0: Planning Commission Date Prepared: October 2, 1992 Date o£ Meeting: October 15, 1992 -Case Manager:'Meredith Reckert Case No. & Name: WV-92-2 Action Requested: Vacation of an unused portion of Union Street Location of Request: Adjacent to 3365 Union Street Name & Address of Applicant(s): T. J. Ammon 3375 Union St., Wheat Ridge Name & Address of Owner(s): Same. ------------------------------------------------------------ Approximate Area: 3,196 square feet Present Zoning: R-lA Present Land Use: vacant Surrounding Zoning: N. W: R-lA; S. E: R-1 ___ Surrounding Land Use: N: driveway/street; E S: Lena Gulch; W• vacant Comprehensive Plan: n/a Date Published: October 1, 1992 Date to be Posted: October 1, 1992 Agency Check List (XX) Attached ( ) Not Required Related Correspondence ( ) Attached ( ) None ----------------------------------------------------------------- ENTER_INTO RE-CORD: ( ) Comprehensive Plan (XX) Case File & Packet Materials ( ) Zoning Ordinance (XX) Exhibits ( ) Subdivision Regulations ( ) Slides JURISDICTION: The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore there is_jurisdiction to hear this case. Planning Commission Staff Report Case No. WV-92-2 2. REQUEST Page 2 The applicant requests approval of a street right-of-way vacation for a portion of Union Street adjacent to 3365 Union Street. The applicant owns the the north of where the of the vacation is for not in the flood plain. would not be vacated. property at 3375 Union Street. which is to vacation is being requested. The purpose construction of a single-family residence Union Street as it exists to the north The vacant property is immediately to the north of Lena Gulch. The 100-year flood plain covers the approximate western half of the lot. If the required front setback from the Union Street right-of-way (i.e., 30 feet) is applied, the buildable area forces construction of the majority of the house into the flood plain. See Exhibit 'A'. The applicant is requesting the street vacation so that the 30- foot front setback requirement 3s re-oriented to the north as that is how access will be achieved for the lot.- A portion of the buildable area is still in flood plain, however, it is substantially less. Please refer to Exhibit 'B' which shows the buildable area re-oriented, with a northern access point. Any construction at all within the 100-year flood-plain will require approval of a special exception to the flood plain ordinance.. A hydrological analysis is .required as part of the submittal which evaluates the impact of the improvements to the flood plain. This would be reviewed by the Board of Adjustment. II. TRAFFIC The general area between West 32nd Avenue and West 38th Avenue is limited for north/south through access. The only direct links that occur between West 32nd and West 38th Avenues in this area are Parfet Street and Ward Road. Union Street is not currently constructed across Lena Gulch, however, there is full-width right-of-way dedicated. Current "City policy" is such that Union Street may not be constructed across the gulch in the near future, however, Staff feels that it is imperative to circulation in the area that our options remain open for this connection to occur. See Exhibit 'C' which shows existing street improvements and dedicated right-of-way. The Department of Public Works concurs with Planning staff regarding this matter. III. AGENCY REFERRALS Consolidated Mutual Water Company indicates there is a 6-inch water. line which extends north from West 32nd Avenue to West 34th Place in Planning Commission Staff Report Page 3 Case No. WV-92-2 the Union Street right-of-way. They would require a non-exclusive easement over the portion to be vacated for use and maintenance availability. Northwest Lakewood Sanitation District has an 8-inch sanitary sewer line with two manholes in Union Street and, therefore, recommends denial of the vacation. The Department of Public Works recommends denial of the vacation based on the amount of utilities within the street right-of-way and for potential future connection of Union Street across Lena Gulch. IV. CONCLUSIONS & RECDMMENDATIONS Staff concludes that there is existing full-width right-of-way for Union Street that was dedicated-for future connection. Since there is currently limited north/south access in the area, Staff concludes that there is potential in the future for this link to occur. In addition, since there are existing utility main lines in the street, a recommendation of Denial is given for Case No. WV-92-2. V. RECOMMENDED MOTIONS OPTION A: "I move that Case No. WV-92-2, a request for approval of a right-of-way vacation for a portion of Union Street adjacent to 3365 Union Street, be Denied for the following reasons: 1. There are existing utility lines within the right-way. 2. The vacation would negate the option of constructing Union Street across Lena Gulch; and 3. Staff and other outside agencies recommend denial." OPTION B: "I move that Case No. WV-92-2, a request for approval of a right-of-way vacation for a portion of Union Street adjacent to 3365 Union Street, be Approved for the following reasons: 1. 2. 3. " <pc>srwv922 CASE NO. WV-92-2 AGENCY REFERRALS SUMMARY XX Fire: (TTheat Ridae) No problems Schools: XX Water: (Consolidated Mutual) Would require a 60-foot wide non- PXC'11]^+'1 ATP casement _ XX Sewer: (nTnrt-hwest Lakewood) Recommends denial of vacation. XX US West Communications: No problem XX Public Service Co: No problem. State Land Use-Comm. (over 5 acres): State Geologist: __ State Highway: Je££erson County:(HEALTH, COMMISSIONERS, PLANNING) Adjacent City: American Cablevison: / 1 CITY DEPARTMENTS XX Public Works: Recommends denial of the vacation. XX Parks & Recreation: XX PO11Ce: Ain nrc]hlcm - ., --- -- Building Inspection: pc/Agencyre£sum Planning Commission Minutes Page 2 October 15, 1992 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Commissioner CERVENY moved to approve the agenda for the meeting of October 15, 1992 as printed. Commissioner QUALTERI seconded the motion. Motion carried 6-0. 5. APPROVAL OF MINUTES Chairperson DiCROCE noted an error on page 7, paragraph 7. The "B" should be a "D". With this change Commissioner JOHNSON moved to approve the minutes for meeting of September 17, 1992 as corrected. Commissioner CERVENY seconded the motion. Motion carried 4-0, with Commissioners OWENS and RASPLICKA abstaining. 6. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing under Item 7, of the Public Hearing section of the agenda.) No one signed the roster, nor came forward to speak at this time. 7. PUBLIC HEARING A. Case No WV-92-2• An application by Terry J. Ammon for approval of a right-of-way vacation for an unused portion of Union Street. Said property is adjacent to Lot 54 of Applewood Village 2nd Filing Subdivision. Meredith Reckert presented the staff report. Entered into the record and accepted by the Chairperson were the case file, packet materials-and exhibits. Commissioner QUALTERI asked if it was possible to Construct a home on the subject parcel without infringing on the flood plain. Ms. Reckert stated the applicant would probably have to apply for. a Special Exception permit. Commissioner QUALTERI asked where the 60-foot non-exclusive easement requested by Consolidated Mutual would be located. Ms. Reckert answered the easement would be centered on Union Street and could not be built upon. Commissioner RASPLICKA asked if the improvements being done to Lena Gulch would alter the area of the flood plain. Ms. Reckert answered it would not alter the flood plain. She added that the City has plans to channelize the Gulch at some time in the future. L ~ Planning Commission Minutes October 15, 1992 Page 3 Terrance J Am on, 3375 Union Street was sworn in. Mr. Ammon stated the right-of-way was dedicated more than 30 years ago. The street has not been constructed and no plans for street construction exist. He sees no need to maintain the right-of- way. Commissioner OWENS asked where was the entrance to the parcel. Mr. Ammer stated the entrance was at West 34th Place and Union St. Commissioner QUALTERI asked if the applicant planned to rent or live in the home to be constructed on the subject property. Mr. Ammon stated he planned to reside there. Commissioner JOHNSON asked Mr. Ammon about his plans to bring in fill dirt to the site. Mr. Ammon stated he was restricted from bringing in fill dirt. He is allowed to relocate existing soil, however. He added it would be a challenge to build on the lot. Commissioner JOHNSON asked what the lot size was. Mr. Ammon answered the lot is 106.55 feet across the frontage-and 110 feet deep. Commissioner JOHNSON asked if the sewer and .water lines would/could be located next to one another in the easement. MrMr. Ammer pointed out the location of water and sewer lines on the projected map. Chairperson DiCROCE asked Mr. Ammon if a concrete driveway or other permanent substance would encroach on the easements. Mr. Ammer stated that road base exists on the easement currently and he would like some type of material to drive on, such as road base. Commissioner JOHNSON asked if Mr. Ammon would be using the proposed vacated parcel only for setback requirements. Mr. Ammgn stated not necessarily. Commissioner JOHNSON asked where he planned to put the house. Mr. Ammon stated he wasn't yet certain. Commissioner RASPLICKA asked if the area east of Union Street-was a park. . Planning Commission Minutes Page 4 October 15, 1992 Mr. Ammon stated it is open space land. Commissioner RASPLICKA asked if the sewer line ran through that open space land. Mr. Ammon stated the sewer line is.located in the right-of-way. Commissioner RASPLICKA asked if both the sewer and water lines cross Lena Gulch at that point. Mr. Ammon affirmed that they did. Chairperson DiCROCE asked if Union Street could be left unpaved. Mr. Gidley answered it is a public street and there is a long- term policy of paving all streets within the City. Ultimately, he believed the street would be paved, if only to the point it is developed. Discussion followed. Commissioner QUALTERI asked Mr. Ammon if it was necessary to subdivide his property. Mr. Ammon stated it was not necessary. Mr. Gidley stated it is currently a separate lot. Commissioner QUALTERI asked if it would not be important to retain access to the open space land to the east. Mr. Gidley stated that the City would have to develop access, perhaps coming off Union Street to the south and north. Mr Ammon stated he understood the open space land would be accessed either off Taft Street on the east side of Lena Gulch. Commissioner JOHNSON asked if the City decided to develop Union Street, how wide would it be. Mr. Gidley stated it would be 34 feet, flow-line to flow-line, a standard local street size. Commissioner CERVENY asked if the lot size meets the requirements of the R-lA zone district. Ms. Reckert stated it does. Commissioner CERVENY asked if the applicant could request a variance to the required setback before the Board of Adjustment. Ms. Reckert stated yes, he could. Planning Commission Minutes Page 5 October 15, 1992 Ms. Reckert-added that if-the vacation is approved, a portion of the building will be in the flood plain. Commissioner CERVENY asked what part Union Street might play in the future regarding area circulation. Mr. Gidley stated that he had recommended that Union Street be constructed when Rancho Del Sol subdivision was developed. The neighborhood at that time, however, indicated they did not want Union Street to go through. He stated that giving up right-of- way should be done very judiciously. Mr. Ammon stated that for 30 years, the City has chosen not to complete Union Street, and if necessary, that area could be condemned. He stated he had been told he would have a better chance obtaining a street vacation than getting a variance £rom the Board of Adjustment. Discussion was heard. Mr. Gidley stated the possibility of developing a single-family residence or other new structure within the 100-year flood plain is very slim. The Board of Adjustment would make that decision. Commissioner QUALTERI moved that Case No. WV-92-2, an application for approval of a right-of-way vacation for an unused portion of Union Street adjacent to 3365 Union Street be Denied for the following reasons: 1. There are existing utility lines within the right-of-way; 2. The vacation would negate the option of constructing Union Street across Lena Gulch in the future; and 3. Staff and other outside agencies recommend Denial. Commissioner CERVENY seconded the motion and asked Commissioner QUALTERI to consider adding a fourth reason as follows: "The site, as it now exists, is buildable if the Board of Adjustment approves a variance to the setback requirements". Commissioner RASPLICKA stated he doubted that a bridge would be constructed over Lena Gulch at that location, since it is only two blocks to Ward Road, which crosses Lena Gulch. Commissioner QUALTERI stated the City has been short-sighted in the past in its agreement to vacate numerous rights-of-way. Motion for Denial carried 4-2, with Commissioners JOHNSON and RASPLICKA voting no. B. Case No. WZ-92-7: An application by Richard Todd for Phillip G. Haas for approval of a rezoning from CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WV-92-2 APPLICANT(S) NAME: OWNER(S) NAME: REQUEST: APPROXIMATE AREA: LOCATION: Terry J. Ammon 3375 Union St., Wheat Ridge Same as above. Right-of-way vacation 3,196 square feet CO 80033 WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and WHEREAS, there was testimony received at a public hearing heard by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner QUALTERI, seconded by Commissioner CERVENY, that Case No. WV-92-2 be DENIED for the reasons stated as follows: 1. There are existing utility lines within the right-of-way; 2. The vacation would negate the option of constructing Union Street across Lena Gulch in the future; 3. Staff and other outside agencies recommend Denial; and 4. The site, as it now exists, is buildable if the Board of Adjustment approves a variance to the setback requirements. VOTE: YES: Qualteri, Owens, Cerveny and DiCroce NO: Johnson and Rasplicka I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 4-2 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 15th day of October, 1992 ud' h i oc Chair rson Sandra Wiggins, retary WH T RIDGE P ANNING OMMISSION WHEAT RIDGE PL NG COMMISSION Adjacent to Lot 54, Applewood Village, 2nd Filing Subdivision <pc>resowv922 N O T I C E O F A P P E A L T0: CITY CLERK, CITY OF WHEAT RIDGE, COLORADO FOR: CITY COUNCIL, CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO DATE: ro ~/9 ~~ SUBJ: Case No. LtJ ~9oZ - a APPLICANT: Address: \~'~ Gl,~/p,~ ''rr~'f'7" PETITION/APPLICATION RE: _VACA1"ia~ b~ ~d~~y ~sa~ 7 YOU WILL PLEASE TAKE NOTICE that appeal is hereby made to the City Council of the Decision rendered by 1Q~A.~~,~/.~C' ~L'~'~raa/'.5.5'rt3~ at its meeting of /a~i~'~9~ _ __ _ ..concerning the above titled Print or type name: (address) C3v.3 ~' ~,/ t ^..~ cST (city and zip) (~~ir~f ~SV7,~3 (.telephone). c~C3ci' " DUt?~~ DISPOSITION: Appeal scheduled for City Council meeting of APPEAL: w ~ ,r , c, 'I::-' ",~ ~ ~ c: . ..., s~q ~ : a . ,,, r ~ >T! ~ ~ '~, .,. > ~.. i~. • ~ r 7 •: Denied. ~O ('C~ ~ ~Z ~~~-1}~ l~~K~'J~?~ /~/ Approved. o C LAN ~~~~~ `~ , not write in this space. cd ~`~ rev cc~ r2t~`s or=~-~~~L K 7500 WEST 29TH AVENUE P.O. BOX 63a The City of WHEAT RIDGE. CO 80034-0638 (303) 234-5900 Gy~Jheat City Admin, Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge December 22, 1992 This is to inform you that Case No. WV-92-2 which is a request for a~nroval of a r; ~j--~f-c a~ ~:a ra+;nn ~r~r are 1l T 1lcPIi portion of Union Street for property located at adjac-ent to ~3FF TTnit~n G+YPP+ will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m., on January 11, 1993. All owners and/or their legal counsel of the parcel under consideration mu be present at this hearing before the City Council As an area resident or interested party, you Have the right to attend this Public Hearing and/or submit written Comments. It shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform' co , .,r,,,,., P 92:3. 920 352 ~~ 7J m m v _~ 3I m 0 ~ T 3 m ~ ~ W Uzi ~~ O N m m m m c m -9i z ~ 1 ~ b ¢ Q o 'o a mo n ~ 4(Z y ~c n of ~ W ~ m o0 (~? VS _ zo ~ ~ am n ~j ~ i~ " ~ t-+ O m .g `/ ~ os~ ~ as my D v ~, ° c w ; i ~ - -- - . - I I I ~ ~ ! N - W~.~~~0 •~~ N ~ ' a y~yg ~o~ i ~ ~Y 4~ -~ ~ ~ 39^~' ..~3m " O ~ r W• ~$ ' '3 : ~ a ~m C N !! ~ y~ g cW_'_v C c fi.' ~ tY 6bt G( 'm lm ° ww _ 1'k' s 3 n y m'° 3 u m Q V^p .e D• { t'4 ~ ~St~ $rv~ i y ~. '~'~ F~~ wro C 7 ~ N P O ' N ~ t ~ ; M p6~ ~ n iJ @Y3 ~'Q~ _ a ~ '~ ~ m a ,,, c~ 9. r . • O ~ ~ti - ,, ;T o m o nmo 3 ~ ~ ~ °F~, 3 ~ __ ~~~ o 1R9 a m x ~-'~ Ana F m ~3m <aa ~ :$ ~ o ~ W ~ p A ~ 3 n m Q W 0. .. Vi D q m ; o ~ ~ ~ g % % ~ C7 ~ RJ ^^~~? 3 y, ~~~ ~ N W m ~ ~ 0 C- . a . . ~ a m N ~ > n k -~ .~ y ~. m n ~. ~ Y m ~ N p N ~-• ~ I O , O N~ O GJ ~ i ~. D 3 ~. (n ~ m a `m ~ . fLl ~ `< m .K . ~ N ~~ ~- ~ -- ~ Q m 2 ~ n N Q C .- Z 1 ~ ~ m ~ a - m CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO• City Council Date Prepared: December 30, 1992 Date of Meetiag: January 11, 1993 Case Manager:~redith Reckert Case No. & Name: WV-92-2/Ammon Action Requested: Vacation of an unused portion of Union Street Location of Request: Adjacent to 3365 Union Street Name & Address of Applicant(s): T. J. Ammon 3375 Union St., Wheat Ridge Name & Address of Owner(s): Same Approximate Area: 3,196 square feet Present Zoning: R-lA Present Land Use: vacant Surrounding Zoning: N, W: R-lA; S~ E: R-1 Surrounding Land Use: N: driveway/street; E, S: Lena Gulch; W: vacant Comprehensive Plan: n/a Date Published: December 10 1992 Date Posted: December 28, 1992 Date Legal Notices Sent: December 22, 1992 Agency Check List (XX) Attached ( ) Not Required Related Correspondence ( ) Attached ( ) None ENTER INTO RECORD: y ( ) Comprehensive Plan (XX) Case File & Packet Materials ( ) Zoning Ordinance (XX) Exhibits ( ) Subdivision Regulations ( ) Slides JURISDTCTION• The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, th~r~fore there is jurisdiction. to hear this case. City Council Staff Report Page 2 Case No. WV-92-2/Amnion I. DESCRIPTION OF REQUEST The applicant requests approval of a street right-of-way vacation for a portion of Union Street adjacent to 3365 Union Street. The applicant owns the property at 3375 Union Street which is to the north and west of where the vacation is being requested. The purpose of the vacation is for construction of a single-family residence. The eastern 30 feet of Union Street will remain City right-of-way. Union Street as it exists to the north would not be vacated. The vacant property on which the applicant intends to build is immediately to the north of Lena Gulch. The 100-year flood plain covers the approximate western half of the lot. If the required front setback from the Union Street right- of-way (i.e., 30 feet) is applied, the buildable area forces construction of the majority of the house into the flood plain. See Exhibit 'A'. The applicant is requesting the street vacation so that the 30-foot front setback requirement is re-oriented to the north as that is how access will be achieved .for the lot. A portion of the buildable area is still. in flood plain, however, it is substantially less. Please refer to Exhibit 'B' which shows the buidable area re-oriented, with a northern access point. Any construction at require approval of ordinance. A hydro the submittal which to the flood plain. Adjustment. all within the 100-year flood plain will a special exception to the flood plain Logical analysis is required as part of evaluates the impact of the improvements This would be reviewed by the Board of II. TRAFFIC CIRCULATION The general area between West 32nd Avenue and West 38th Avenue is limited for north/south through access. The only direct links that occur between West-32nd And West 38th Avenues in this area are Parfet Street and Ward Road. Union Street is not currently constructed across Lena Gulch, however, there is full-width right-of-way dedicated. Current "City policy" is such that Union Street may not be constructed across the gulch in the near future, however, Staff feels that it is imperative to circulation in the area that our options remain open for this connection to occur. See Exhibit 'C' which shows existing street improvements and dedicated right-of-way. City Council Staff Report Case No. WV-92-2/Amnion Page 3 The Department of Public Works concurs with Planning staff regarding this matter. III. AGENCY REFERRALS Consolidated Mutual Water Company indicates there is a 6- inch water line which extends north from West 32nd Avenue to West 34th Piace in the Union Street right-of-way. They would require a non-exclusive easement over the portion to be vacated for use and maintenance availability. Northwest Lakewood Sanitation District has an 8-inch sanitary sewer line with two manholes in Union Street, and therefore, will require a 30-foot-wide nonexclusive utility and maintenance easement, in addition to the remaining 30 feet of right-of-way for the east half of Union. The Department of Public Works recommends denial of the vacation based on the amount of utilities within the street right-of-way and for potential future connection of Union Street across Lena Gulch. The Wheat Ridge Fire Protection District recommends denial based upon the need to provide improved emergency access into the neighborhood north of Lena Gulch. The Wheat Ridge Police Department recommends denial based upon the need for improved emergency access. IV. PLANNING COMMISSION ACTION A public hearing was held before Planning Commission on October 15, 1992. A recommendation of Denial was given for the following reasons: 1. There are existing utility lines within the right-of-way; 2. The vacation would negate the option-of constructing Union Street across Lena Gulch in the future; 3. Staff and other outside agencies recommend Denial; and 4. The site, as it now exists, is buildable if the Board of Adjustment approves a variance to the setback requirements. Please note that Staff cannot guarantee that a front setback variance would be granted by the Board of Adjustment. V. CONCLUSIONS & RECOMMENDATIONS Staff concludes that there is existing full-width right-of- way for Union Street that was dedicated for future City Council Staff Report Case No. WV-92-2/Amnion Page 4 connection. Since there is currently limited north/south emergency access in the area, Staff concludes that there is potential in the future for this link to occur. In addition, since there are existing utility main lines in the street, a recommendation of Denial is given for Case No. WV-. 92-2. - - VI. RECOMMENDED MOTIONS OPTION A• "I move that Council Bill No. a request for approval of a right-of-way vacation for a portion of Union Street adjacent to 3365 Union Street,,be Denied for the following reasons: 1. There are existing utility lines within the right-of- way. 2. The vacation would negate the option of constructing Union Street across Lena Gulch; and 3. Staff and responding emergency service agencies recommend denial." OPTION 8• "I move that Case No. WV-92-2, a request for approval of a right-of-way vacation for a portion of Union Street adjacent to 3365 Union Street, be Approved for the following reasons: 1. 2. 3. With the following condition: 1. A 30-foot-wide non-exclusive utility and maintenance easement be provided on the vacated portion." <pc>srwv922 XX XX XX XX XX CASE NO. WV-92-2 AGENCY REFERRALS SUMMARY Fire: _ (Wheat Ridae) Recommends DENIAL based upon emergency access needs. Schools: Water: (Consolidated Mutual) Would require a 60-foot wide non oxrlnsiyc~ pa ement Sewer: rrv~rthcaest Lakewood) Would require a 60 foot wide non exclusive easement. US West Communications: No problem. Public Service Co: No problem. State Land Use Comm. (over 5 acres): State Geologist: State Highway: Jefferson County:(FiEALTH, COMMISSIONERS, PLANNING) _ Adjacent City: American Cablevison: CITY DEPARTMENTS XX Public Works: -Recommends denial of the vacation XX Parks & Recreation: XX Police: ~gcommends DENIAL' teased upon emergency access needs. Building Inspection: - - -- pc/Agencyre£sum - :_~ CASE NO. WV-92-2 F F E F E E E E E F \ EXHIBIT 'B' F F E F F F F E E E E F E E F E F F E E N E F E F F ~ ? F E ~ ~ F E ~ F F F F :: F F F F~ F F E F F .: i.F....''.~, , N Cf, ~ F E F F ~ F £~.: ~ Q F E E F E F F E- F: F -Q `~ E O I ~ ~ F ~F F E E F F I E. E E F F F F ~ ~• (~ F F F ® E ~ F E E F F F F F F E. (f~ F F F F E F F F E': 1E F E F F E ~ .; E F - F F F vacated to' F F ~ F pr: operty ow ner ~ E F F F E E F F vacated t0 F F F E F F F F city F F E E _ F F F F E E E F E F F F F F F F F F F E F F F F E F F F F E F ~ F E F F E F F F Z -~ O N ~p h ~ m G n m I m uoi a C~UV"' / 25" / rn GJ~G ~ / ~ a aP .~ -~'- ,. _ SO' w .~ I F(30-29) a D] n o! M a CASE NO. WV-92-2 EXHIBIT 'C' RIGHT-OF-WAY MAP fi0' a 30' P(74-49) 30' i P(61-60) / PUBLIC LAND ~` D(81G49358) ti_ - G(2ir - U. 1' c 0~~2fi^ PAVED N . ~r. ~' ~~~~~~ GRAVELLED UNIMPROVED M E M O R A N D U M TO: Department of Planning and Development City Administrator FROM: Police Departure t SUBJECT: STREET VACATION REQUEST - UNION STREET, 3300 BLK DATE: 01/04/93 As a matter of routine, the Police Department has been asked to comment on the proposed street vacation on Union Street in approximately the 3300 B11:. While there may be obvious political issues, etzd there may be some emotional considerations, we also feel that there are some practical concerns that must be considered as well. .The fact that development of this street has not occurred up to the present time would not be sufficient grounds to deny this potential through vacating the street. We are afraid that vacating this section of the street at this time will eliminate any future consideration for full use of the street. The road way should be completed to allow full emergency access from both the north and the souflz. Currently full access is denied, and emergency response units may be delayed izz answering calls for service. Additionally, this particular area has a lack of roadways with unobstructed, north/south access. Vacating this portion of this roadway will potentially deny another emergency access point. The police department feels that these factors, along with any other opinions, should be carefully considered before any decision to vacate this street and right-of-way is granted. 7500 WEST 29TH AVENUE _ _ P.0. BOX 638 Th@ CJty 01 WHEAT RIDGE. CO 80034-0638 (303) 234-5900 ~}, eat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 ~Rldge June 1, 1993 Mr. Terry Ammon 3375 Union Street Wheat Ridge CO 80033 Dear Mr, Ammon: Please be advised that your request for approval of a right-of- way vacation for an unused portion of Union Street pursuant to Case No. WV-93-2 for property located at adjacent to 3365, 3375, 3385 and 3395 Union Street was approved by City Council 'on May 10, 1993. Conditions of the approval were as follows: A utility easement is reserved over the entire ten foot of the property being vacated. Attached you will find a copy of Ordinance No. 926. Should you have any questions regarding this information, please do not hesitate to contact me at 235-2848. Sincerely, Planner attachments <pc>formletapp is rn~. ~~~a~~r r~,n„. P.O. BOX 638_ TELEPHONE: 303/237-6944 The City of 7500 WEST 29TH AVENUE .WHEAT RIDGE, COLORADO 80034 cwheat Ridge June 1, 1993 Ms. Pamela Ammon Mr. Chris Ammon 3385 Union Street Wheat Ridge CO 80033 Dear Mr. and Ms. Ammon: Please be advised that your request for approval of a right-of- way vacation for an unused portion of Union Street pursuant to Case No. WV-93-2 for property located at adjacent to 3365, 3375, 3385 and 3395 Union Street was approved by City Council on May 10, 1993. Conditions of the approval were as follows: A utility easement is reserved over the entire ten foot of the property being vacated. Attached you will find a copy of Ordinance No. 926. Should you have any questions regarding this information, please do not hesitate to contact me at 235-2848. Sincerely, Planner attachments <pc>formletapp `°The Carnation City" 7500 WEST 29TH-AVENUE - - -- P.o.Box s3s _ The City of WHEAT RIDGE. CO80034-0638 (303j 234-5900 ~t1eSt City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge June 3, 1993 Ms. Barbara Bouwman 3395 Union Street Wheat Ridge CO 80033 Dear Ms. Bouwman: Please be advised that your request for approval oP a right-of- way vacation for an unused portion of Union Street pursuant to Case No. WV-93-2 for property located at adjacent to 3365, 3375, 3385 and 3395 Union Street was approved by City Council on May 10, 1993. Conditions of the approval were as follows: A utility easement is reserved over the entire ten foot of the property being vacated. Attached you will find a copy of Ordinance No. 926. Should you have any questions regarding this information, please do not hesitate to contact me at 235-2848. Sincerely, G ~~~~ - Planner attachments <pc>formletapp Ca e,~~,~~,Fd l'e,.„~ ,~,a3 INTRODUCED HY COUNCIL MEMBER SRANLEY _ Council Hill 34 ORDINANCE NO. ' - Series of 199 ' - TITLE: AN ORDINANCE VACATING A PORTION OF UNION STREET ADJACENT TO 3365 UNION STREET (CASE NO. WV-92-2) WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON,- _ STATE OF COLORADO. - - WHEREAS, right-of-way~was previously dedicated for ,Union Street ";:adjacent to 3365 Union Street, - ~~;,,;':. WHEREAS, said part of said Union Street lies within the City of Wheat Ridge, County of Jefferson; State of Colorado; and is not needed by the City for roadway or right-of-way purposes; HE IT ORDAINED HY THE CITY COUNCIL~OF THE CITY OF_WHEAT RIDGE,' COLORADO AS FOLLOWS: -.-- Section 1. _The following portion of. Union Street, a dedicated \ street within the City of Wheat Ridge, County of Jefferson, State of ~lorado is h reb_~vacated, to wit: _~- ... ,. - _. BEGINNING AT THE NORTHEAST^CORNER OF THE SOUTHWEST QUARTER OF THE' NORTHEAST QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST, ~''`,, THENCE SOUTH A DISTANCE OF 615.31 FEET TO THE-TRUE POINT OF BEGINNING; THENCE SOUTH 00 14 FEET EAST A DISTANCE OF 106.55 FEET; THENCE SOUTH 890 28.1 WEST A DISTANCE OF 30 FEET; THENCE NORTH 00 41 FEET WEST A DISTANCE OF 106.55 FEET; THENCE NORTH 890 28.1 EAST A DISTANCE OF 30 FEET TO THE TRUE POINT OF BEGINNING OF CONTAINING 3196.5 SQUARE FEET, MORE OR LESS. Section 2 i' n A utility and maintenance easement be ~ reserved over the entire 30 feet. Section 3. Upon the vacation accomplished hereby, title to the property vacated shall revert by operation of C.R.S. 1973, 43-2-02 to the adjacent property owners of record. More specifically, the land described above shall revert to the owner of 3365 Union Street. Section 4, Safety eau The City Council hereby Finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety,'and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5 Seve+-~bilit~ If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent =' Ordinance No. Series of 1992 Page 2 jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 6. This Ordinance shall take effect one day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 2nd day o£ December 1992, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for January 11 1993, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado., READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to this day of 1993. SIGNED by the Mayor on this day of 1993. RAY J. WINGER, JR.; MAYOR Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY JOHN HAYES, CITY ATTORNEY 1st Publication: December 10, 1992 .. 2nd Publication: Wheat Ridge Sentinel Effective Date: <pc>ordwv922 I move that Council Eill No. ~_ be approved on first reading, ordered published, public hearing to be set for Monday, ~ ~ ~„c ~, Sri f {' , 1992 at 7:30 p.m. in City Council Chambers, Municipal Bldg., and if approved on second reading, take effect day{s after finai publication.