HomeMy WebLinkAboutOrdinance-1993-0934
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RECEPTION NO. 93143553 10.00
RECQRDED. IN COUNT V "IF JEFFERSON STATE OF CDLf\ADD
INTRODUCED By' COUNCIL. t1EI"iBER VANCE EDWARDS
9 /15/93 9 : 15
Council Bill 20
ORDINANCE NO.
934
Series 1993
TITLE:
AN ORDINANCE VACATING A PORTION OF WEST 39TH AVENUE
ADJACENT TO 9S50 WEST 39th AVENUE AND WEST OF HOYT
COURT, WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO.
I~~
WHEREAS a portion of the Southeast 1/4 of the Southwest 1/4
of Section 22, Township 3 South, Range 69 West of the 6th Princi-
pal Mer idian, contains a dedication for West 39th Avenue adja'
cent to 9550 West 39th Avenue and West of Hoyt Court, previously
approved by the Board of County Commissioners of Jefferson
County; and
WHEREAS a portion of said dedicated West 39th Avenue is
unneeded for public roadway purposes; and
WHEREAS said part of said West 39th Avenue lies within the
City of Wheat, County of Jefferson, State of Colorado, and is not
needed by the City for roadway' or right (,f !'BY' pl.tT'pOe,e";;
BE IT ORDAINED Bl THE LITY COUNCIL OF THE CIT~ OF WHEAT
RIDGE. COLORADO AS FOLLOWS:
S"c t,L.'=' n 1,
dedTI dte.-/ st'rp,-,t,
ferson. State ot
The tol.lowi ng POI tion of West j'-Jt_h (~"enue, "
\,Ii.t,hi.n the (it'! of Wheat HiJJ::, I "'unt/ of Jef
Colorado, is hereby vacated, to wit
A PARCEL OF LAND in the Southwest 1/4 of Section 22,
Township 3 South. Range 69 West of the 6th Principal
Meridian described as follows:
The South 25 feet of the North 684_8 feet of the West
1/2. of the West 1/2. of the West 1/2, of the Southeast
1/4, of the southwest 1/4 of said Section 22 ~~C~PI the
East 25 feet thereof.
Said parcel contains 3520 square feet more or less.
Providing, however, that there is reserved to the eitl of Wheat
Ridge solely for the benefit of utility providers and the City of
Wheat Ridge and not for street purposes, an easement in and flom
propel'ty descr~bed herein Whic~nt;'6~ent may be u::-ilized sol~lY
for storm draHlage system an ~h'NffW ~m3allatlon and mal n
tenance. and bike/walkway purpose .~lol/)!lJYllJ
"COO, . -08 ,0.'
sf?Gti9D;::. Upon the vacatio~~IJit_d hereby, ti Ue to
the property vacated shall revert by operatIon of C.R.S. 1973,
43-2-02 to DOUGLAS E. and SANDRA L. JACKSON.
:?_"GtJgJJ.:3, $i"lf"ty Clause. The City Council hereby finds,
determines, and declares t~ai.~his ordinance is promulgated under
the general police power of the City ot Wheat Ridge, that it is
promulgated for the health, safety and welfare of the public, and
that this O,dinance is necessar'i for the presel vation of health
and safety and for the protection of public convenience and
welfare. The City LounC11 further determines that the Ordinance
bears a I at ional relation to the proper legislative object sought t")
to be attained. V'\
?EJc;1ion 4. ?t3ver?biJJJy. If any clause, sentence, para-
graph, or part of this Ordinance 0,' 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 application to other persons or circumstances.
?EJc:li9n 1:). This Ordinance shall take effect 1 day after
final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this ..l.2J;h day of July 1993, or...
riel'ed published in full in a newspaper !)f 90'nera1 ,ir' u1.31 i"'11 rn
the I.ity of Wheat kidge and f:'ublic Heal ing and cons.iderat.ion .-,t
final pa=:sage set for .Monday. August 9 1993 at 7:30 n'..
clor~ p.m. in the Louncil Chamber5, 7500 West ~~th Av~nue. Wheat
Ridge, Colorado.
!.::EH[l. HL'UPT[['.
reading by a vote of
. 1'}93.
AND
6
IlF<'uERE:D
to 2
PIJ6l. I'.,HEr,
on this
on c:econrl aWl f 1 1131
9th e:h./ <it AU~~E.~.~
~1~NEU by the Ma)or on this
lsv=n.
day of
VETOED BY THE MAYOR ON THIS 12th day of August 1993.
Ray J. Winger.
8/23/93 - Mayor's veto was overriden by a vote of 6-2.
t'1ayor
i'1TTEST
Wanda Sang,
'..ity Clerk
APPRuVED AS Tu FORM
~~.kdM
~athr nchrneder.
City Attorney
1st Publication
1 20 1993 _It..." n.,
111 y '.n.. ......~
August 31, 199itoet~r:_..",
2nd Publication
Wheat Ridge Sentinel
Effective Date
September 1, 1993
CITY OF WHEAT RIDGE
MEMORANDUM
FROM:
City Council
Ray J. Winger, Jr., Mayor ~~
VETO OF ORDINANCE 934
TO:
SUBJ:
DATE:
August 11, 1993
Pursuant to Section 5.l4(b) of the City Charter, I have vetoed
Ordinance 934, and am providing you with the following written
explanation of my veto.
At the City Council meeting of August 9, 1993, the Council on a
6-2 decision passed Ordinance 934 requiring the vacation of a
portion of West 39th Avenue adjacent to 9530 West 39th Avenue and
west of Hoyt Court within the City of Wheat Ridge, County of
Jefferson, State of Colorado.
In 1960, the County irresponsibly vacated sections of the 39th
Street right-of-way. The vacation of the 50 foot right-of-way
just east of Independence Court, permitted the construction of a
group home on the northern side on part of the vacated right-of-
way which in turn made the construction of 39th Street from Hoyt
Court to Independence Court possible only by condemnation and
purchase of the needed right-of-way.
A suggested non-conforming street, narrower than the local street
width requirement, could be constructed without condemning and
purchasing the Martin Luther Home building on the north, and the
south portion of the Trujillo vacant lot on the south. Such a
street would reduce the heavy traffic on Independence Court
during the school year and also provide the people on Hoyt street
a less steep and Slick exit to Kipling or 38th Avenue during
winter months.
Vacating a portion of West 39th Avenue designated as Parcel 2
would only increase the cost to Wheat Ridge if future conditions
ever required the completion of 39th Avenue between Hoyt Court
and Independence Court. Under the present City ownership of this
right-of-way, the adjacent owners can and are using the land
anyway they want except construction permanent buildings. They
don't have to pay taxes on the right-of-way and the best part is
that Wheat Ridge citizens will never have to buy back their own
land. Please take the time to consider all ramifications
resulting from the vacation.
There is also a question of right-of-way for the pedestrian
pathway from Independence Court to Hoyt Court. To vacate Parcel
2 might in some way jeopardize the use of this pathway which
will not be in the best interest to the life, health, property,
and public safety for the citizens of Wheat Ridge.
RJW: ly
cc: City Attorney
City Clerk
City Treasurer
City Administrator
Department Heads