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HomeMy WebLinkAboutOrdinance-1988-0744REC:E:YTION NO. E38017464 INTRODUCED) BY COUNCILMEMBER MERK1 Ordinance No. 744 Series of 1988 TITLE: AN ORDINANCE TO VACATE A PORTION OF WEST 35TH AVENUE O~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Lutheran Medical Center to vacate a portion of West 35th Avenue as it exists between Dudley Street and Allison Court, anu upon recommendation for approval by the Wheat Ridge Planning Commission, based based upon the facts presented at public hearing, that portion of West 35th Avenue as legally ~ described below is hereby vacated: LEGAL DESCRIPTION: COMPOSITE DESCRIPTION FOR WEST 35T11 AVENUE: A tract of land located in the northeast one-quarter of Section 27 and the northwest one-quarter of Section 26, Township 3 South, Range 69 West of the 6th P.M., City of Wheat Ridge, Jefferson County, Colorado, described as follows: Beginning at the southwest corner of Lot 24, Longview Subdivision a subdivision recorded in the official records of Jefferson County, Colorado, in Plat Book 6 at Page 23; thence N.89047'55"E. along the south line of said Lot 24 and parallel to the south line of the northeast one-quarter of the northeast one-quarter of said Section 27 a distance of 803.49 feet to a point on the east line of the northeast one-quarter of said Section 27 from which the one-sixteenth corner common to the northeast one-quarter of said Section 27 and the northwest one-quarter of said Section 26 bears S.0010156111W. a distance of 30.00 feet; thence M-3905612811E. parallel to the south line of the northwest one-quarter of the northwest one-quarter of Section 26 a distance of 968.26 feet to a point on the east line of the west one-half of the east one-nalf of the northwest one-quarter of the northwest one-quarter of said Section 26; thence S.000411S21IW. along said east line a distance of 30.00 feet; thence N.8905612811E. along the south line of the northwest one-quarter of the northwest one-quarter of said Section 26 a distance of 269.43 feet to the northwest corner of the east 60.00 feet of the southwest one-quarter of the northwest one-quarter of said Section 26; thence S.000215011W. along the west line of the said east 60.00 feet a distance of 30.00 feet; thence 5.89056'28"W. a distance of 1257.81 feet to a point on the west line of the northwest one-quarter of said Section 26; thence S.89047'5511W. parallel to the north line of the southeast one-quarter of the northeast one-quarter of said Section 27 a distance of 793.52 feet to that point of curvature on the north line of Lot 1, Lutheran Subdivision, a subdivision recorded in the official records of Jefferson County, Colorado, in Reception No. 81042853; thence along a curve to the left, whose radius is 15.00 feet, whose central angle is 89040113", whose chord bears 5.4405714911W. a distance of 21.15 feet for an are distance of 23.47 feet; thence N.000714211E. a distance of 74.91 feet to the point of beginning, containing 115,936 square feet, more or less. RECORDED IN COUNTY OF' ..1E_F'F-E_'Rt*U)N EiI ATE: OF' COLORADO RE::CE::E''T'ION NO. 880.17464 02/23/88 -j,(,.0,-4 6.00 RE GE,.P T ION NO. f-38017464 ORDIrdANCE NO. 744- PAGE 2 Section 2. Conditions. That a permanent easement be reserved for utilities within the public street right-of-way being vacated herein provided, however, such reserved easements shall be released upon recording by the applicant of easements granted to applicable utilities, which easements are approved by the City Attorney before recording. 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 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 11th day of January , 1988, 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 February 8 , 1988, 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 0 , this 8th day of February , 1988. SIGNED by the f4ayor on this 9th day of February , 1988. DAN WILDE, MAYOR Wanda Sang, City Ci, k AP,ROVED AS T' Ft" BY TY ATTORNEY i JOHN " E C Y T O .EY-~ 1st Publication: January 14, 1588 2nd Publication: February 11, 1988 Wheat Ridge :Sentinel Effective Date: February 26, 1988