HomeMy WebLinkAboutOrdinance-1993-0936
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RECEPTION NO. 93143~~4 10.00
RECORDED < IN COUNTY OF 'EFFERSON STATE
INTRODUCED BY COUNCIL MEMBER
OF COLORAc,1 9/15/93
VANCE EDWARDS ____
9: 15
Council Bill 22
OPDINANCE NO. 936
Ser ias L 993
TI TLE :
AN ORDINANCE VACATING A PORTION OF WEST 39TH AVENUE
ADJACENT TO 3915 HOYT COURT ~ND WEST OF HOYT COURT,
WITHIN THE e-ITY OF WHU11 RIDGE. caUNTt OF
JEFFERSON, STATE OF COLORADO.
\,;A
portion of the Southeast 1/4 of the Southwest 1/4
Township 3 South, Range 69 West of the 6th Princi-
contains a dedication for West 39th Avenue adja-
Hoyt Court and West of Hoyt Court, previously ap-
Board of County Commissioners of Jefterson Count);
WHEREI'\S a
of Section 22,
pal Meridian,
cent to 3915
proved by the
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
lity of Wheat, County of Jefferson, State of Colorado, and is not
needed by the City for roadwB~ or right of wa. purposes;
BE IT ORDAINED S( THE CITY COUNCIL OF THE CITf OF WHEAT
FiIDCE IJ)l.,I !R!'iC"] A::> FOl.L.Ol,J:,'
The follnwlng portH'n ot West ,C)th Avenue, a
dedicated street wlthl n U1i03 (/it y "f Whe3t f~i ri(W I 01.!nt I nt I,C(t
tersan ~tate of Color3do, is hereby vac3ted. to wit:
A PARCEL OF LAND in the Southwest 1/4 of Section 22,
Township 3 South, Range 69 West of the 6th Pr i ncipal
Meridian described as follows:
The North 25 feet of t he South 50 feet :of thE: Na,th
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 EXCEPT the East 25 feet thereof AND
EXCEPT the West 15 feet thereof.
Said parcel being a portion of the North t of that
parcel of land described at Book 1141 Page 573 of the
official records of the County of Jefferson, State of
Colorado.
~aid parcel contains 3216 square feet more or less.
Providing, however, that there is reserved to the City 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 from
property described herein which easement may be utilized solely
fo,- storm drainage syst.em and utility installation and main
tenance, and bike/walkway purposes.
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t:Pl:l8 c;il.slolo) _,,,;"111 J~~;\t'v
':oer ti,Qn;:. Ur the vacation accnmplisho, ~hereby, title to
tho pn)pertl IJacateu shall rovert by operati0,,' of (.P.'3. 1973,
43-2-02 to ELAINE H. McNULTY.
?9c:tiq C lEiuso. The Ci t y Cou nc il her obv finds,
determines, and declares that this ordinance is promulgatpd under
the general police power of the ~itl 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 cunvenience and
welfare. The city Council further determines that the Ordinance /)
bears a rational relation to the proper legislative object sought ~
to be attained.
$E29ti9D 4. '?OIJE2rabiJJty. If any clause, sentence, para-
graph, or pa)'t of this O)'di nance or the application thereof to
an/ person or circumstances shall for any reason be adjudged bv a
court of competent juris~iction invalid, such judgment shall not
affect application to other persons or circumstances.
Sec:tJ9D:'S. 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 ..l2.th day of July 1993, a)'"
dored published in full in a newspaper at general ~ll~ulatlon Ln
the City of Wheat Ridge and Public Hearin9 and consider3t-Lon oi
final paS"d9'''; set. fur Monday, August 9 199"3 elt 7:.30 ,)'--
, l()<'k p.m in the rO"I-,r~'j 1 Chambers, 7500 West ;,0th AI'8nU3, \"Jh(:!-a1'
F<AL(j8,;;j~ l_ulur3Ju~
READ, ADuPTED, AND
reading hi a vote ut
___~ l'<<'~j.
OkDERED PUBLISHEL'
to _....2._ un this
Oil second dnd tlllBl
9th day at AugusL,..
3I':,~,IFT' by the Mc,"')r on this
daY of
1 ':)93
VETOED BY THE MAYOR THIS 12th day of August 1993.
Ray J. Winger,
8/23/93 Mayor's veto overriden by a vote of 6-2.
l'1a/o)'
Wanda Sang,
" it I' (~l e r k
APPROVED AS TO FORM
.7(~d xPl~d(JL/
Kathrvn Schroeder,
City Attorney
(,TTEST:
1st Publication
July 20. 1993
~nd Publication
Auqust 31. 1993
Wheat Ridge Sentinel
Effective Date
September 1. 19~3
~QUi TA3H'W 10 YTIJ
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CITY OF WHEAT RIDGE
MEMORANDUM
SUBJ:
City Council
Ray J. winger, Jr., MaYOr_~~
VETO OF ORDINANCE 936
TO:
FROM:
DATE:
August 11, 1993
Pursuant to Section 5.l4(b) of the City Charter, I have vetoed
Ordinance 936, 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 936 requiring the vacation of a
portion of West 39th Avenue adjacent to 3915 Hoyt Court and West
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 4
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
3 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