HomeMy WebLinkAboutOrdinance-1985-0624RECORDED IN
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VO INTRODUCED BY COUNCILMEMBER MERF
V ORDINANCE NO. 624
Series of 1985
TITLE: AN ORDINANCE VACATING THE SOUTHERN-MOST 2 FEET OF ALLISON
STREET AS DEPICTED ON THE RECORDED PLAT OF THE RIDGEVIEW
GARDENS SUBDIVISION, WITHIN THE CITY OF WHEAT RIDGE,
COUNTY OF JEFFERSON, STATE OF COLORADO.
WHEREAS, a certain street known as Allison Street was
dedicated to the public at the time of the recordinq_ of the Plat
of the Ridgeview Gardens Subdivision; and
WHEREAS, pursuant to a Stipulation and Order of the District
Court in and for the County of Jefferson, State of Colorado, in
Civil Action 84-CV-3258, the City of Wheat Ridge has agreed, and
is ordered, to vacate a 2 foot strip of land at the north
boundary of the right-of-way of West 35th Avenue, which is the
southern most 2 feet of said Allison Street; and
WHEREAS, said part of said Allison Street is within the city
limits of the City of Wheat Ridge, County of Jefferson, State of
Colorado; and
WHEREAS, the City Council of the City of Wheat Ridge wishes
to vacate the southern-most 2 feet of Allison Street as described
herein in order to comply with said Stipulation and Court Order;
BE IT ORDAINED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
Section 1. The following part of Allison Street, a
dedicated street in the City of Wheat Ridge, County of Jefferson,
State of Colorado, is hereby vacated, to wit:
THE SOUTHERN-MOST 2 FEET OF ZEPHYR COURT (ALSO KNOWN AS
ALLISON STREET) ACCORDING TO THE RECORDED PLAT OF THE
RIDGEVIEW GARDENS SUBDIVISION.
provided however, that any and all utility easements presently
existing in said vacated property, shall remain valid and shall
not be affected by this street vacation.
Section 2. Upon the vacation accomplished hereby, title to
the property vacated shall revert by operation of C.R.S. 1973
43-2-302, to the abutting property owners, title to be held by
said abutting property owners, & their successors in title, for the
benefit for all present and future owners of Allison Street to ensure
that Allison Street shall remain a non-through, dedicated public street.
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 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 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 one day after
final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to
0 on this 17th day of June, 1985, 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 July 8,
1985, 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 readinq_
by a vote of 8 to 0 this 8th day of July, 1985.
SIGNED by the Mayor on this 9th day of July,
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Frank Stites, Mayor
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Wanda .S'ang, City Clerk
1st Publication: 6/20/85
2nd Publication: 7/11/85
Wheat Ridge Sentinel:
Effective Date: 7/12/85
APPROVED- AS.TO FORM BY
OFFIC~" 0' 04TY~ATTOR~EY:
John /E. Hayes /
IRECEPT--[ON No. 870201---j
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