HomeMy WebLinkAboutOrdinance-1981-04610106;UJ6
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INTRODUCED BY COUNCILMEMBER BOWMAN
ORDINANCE NO. 461
Series of 1981
TITLE: AN ORDINANCE VACATING WEST 35TH AVENUE LOCATED BETWEEN HOLLAND
AND GARLAND STREETS, WITHIN THE CITY OF WHEAT RIDGE, COLORADO,
AS MORE FULLY DESCRIBED HEREIN.
WHEREAS, a certain street was dedicated to the public; and
WHEREAS, that part of the following described street is no
longer necessary for use by the public; and
WHEREAS, that part of said street is within the limits of
the City of Wheat Ridge, Colorado; and
WHEREAS, no land would, by a vacation of part of said street,
be left without an established public road connecting it with another
established public road; and
WHEREAS, the Wheat Ridge Planning Commission has approved
the vacation of part of said street.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. The following part of said street in the City of
Wheat Ridge, County of Jefferson, Colorado, be vacated to wit:
Tract A: That part of West 35th Avenue lying adjacent
and South of Lot 32 of West Horizon Subdivision.
Tract B: The West 480 feet of the North 25 feet of
the East 112 of the Southeast 1/4 of the
Northwest 1/4 of Section 27, Township 3
South, Range 69 West of the Principal
Meridian, EXCEPT the West 180 feet thereof.
And the same is hereby approved and that part of said
street as described is hereby vacated; provided, however, said
vacation shall be subject to the following conditions and reserva-
tions:
There is reserved to the City of Wheat Ridge the right to
construct an 8 foot pedestrian way, and to utility owners the con-
tinued use and right to construct, operate, and maintain sewer,
water, power, telephone, and gas lines in said vacated street
except in the described tract of land:
That part of West 35th Avenue lying adjacent and
South of Lot 32, West Horizon Subdivision, EXCEPT
the South 14 feet of the West 130 feet thereof.
Section 2. The provisions of this ordinance are necessary
to the immediate preservation of the public health and safety of
the citizens of the City of Wheat Ridge, Colorado, for the
following reasons:
1. That said property is not needed for public use.
2. That this ordinance is necessary to correct an error
made by the County Commissioners of Jefferson County,
Colorado.
81068096
ORDINANCE NO. 461
PAGE 2
Section 3. Safety Clause. 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 ordi-
nance 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 4. Severability. 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
jurisdiction invalid, such judgment shall not affect, impair or
invalidate the remainder of this ordinance or its application to other
persons or circumstances.
Section 5. This ordinance shall take effect 10 days after
final public tia on.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0
on this 27th day of July , 1981; 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 _ Auqust 24 ,
1981, 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 _ 8 to _a_, this ?4th day of Auks . 1981.
SIGNED by the Mayor on this VVz`day of ~~oW 1981.
FRANK STTTES, MAYOR
ATTEST:
Carol H'mpf, Clerk
lst Publication: July 30, 1981
2nd Publication: Sept. 3, 1981
Effective Date: Sept. 13, 1981 ME)
Published: Wheat Ridge Sentinel
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APPROVED AS TO FORM BY CITY ATTORNEY
JOHN E. HAYES, CITY ATTO NEi