HomeMy WebLinkAboutOrdinance-1995-1004
~ECEPTION NO. r '28315 11.OC
230 RECORDEb-IN JEFFERSON COUNTY, COLOr;
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INTRODUCED BY COUNCIL MEMBER EDWARDS
Council Bill No. 18 ORDINANCE NO. 1004
Series of 1995
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TITLE:
AN ORDINANCE VACATING PORTIONS OF WEST 42ND
AVENUE, WEST 43RD AVENUE AND KENDALL STREET (CASE
NO. WV-95-2) WITHIN THE CITY OF WHEAT RIDGE, COUNTY
OF JEFFERSON, STATE OF COLORADO ADJACENT TO 4265,
4275,4285 AND 4295 KENDALL STREET AND 6215, 6217 AND
6219 WEST 41ST AVENUE.
WHEREAS, right-of-way was previously dedicated when the adjacent
propert!es were developed; and
WHEREAS, said roadways lie within the City of Wheat Ridge, County of
Jefferson, State of Colorado, and roadways are not needed by the City for public
roadway or right-of-way purposes;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO AS FOLLOWS:
Section 1. The following portions of West 42nd Avenue, West 43rd Avenue and
Kendall Street, dedicated streets within the City of Wheat Ridge, County of
Jefferson, State of Colorado, are hereby vacated to wit:
THE WEST 33 FEET OF THE SOUTH 50 FEET OF LOT 7, BARRY SUBDIVISION
TOGETHER WITH THE SOUTH 1/2 OF TRACT 11, LAKE VIEW SUBDIVISION
EXCEPT THE WEST 25 FEET THEREOF AND EXCEPT THOSE PORTIONS
THEREOF CONVEYED BY DEEDS RECORDED IN BOOK 717 AT PAGE 550, BOOK
860 AT PAGES 31 AND 32, AND BOOK 905 AT PAGE 552, TOGETHER WITH THE
WEST 86 FEET OF THE EAST 111 FEET OF THE SOUTH 129 FEET OF THE
NORTH 200 FEET OF SAID LOT 7, AND THE NORTH 33 FOOT OF THE WEST 93.5
FEET OF THE EAST 118.5 FEET OF SA!D LOT 7, EXCEPT EASEMENTS
RESERVED IN BOOK 721 AT PAGE 80 AND THE SOUTH 33 FEET OF THE NORTH
400 FEET OF THE WEST 166 FEET OF SAID LOT 7, AND THE SOUTH 129 FEET
OF THE NORTH 329 FEET OF THE WEST 166 FEET OF SAID LOT 7, EXCEPT
EASEMENT RESERVED IN BOOK 721 AT PAGE 90, EXCEPT ANY PORTION
THEREOF FALLING WITHIN COUNTY ROAD, JEFFERSON COUNTY, COLORADO.
Section 2. Condition. (1) A general utility easement and fire access easement
be reserved over the vacated land. (2) A vehicular access easement for owners,
occupants and guests of 4265, 4275, 4285 and 4295 Kendall Street and 6215,
6217 and 6219 West 41 st Avenue also be reserved over the vacated land.
Ordinance No. 1004
Case No. WV-95-2
Page 2
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Section 3. Upon the vacation accomplished hereby, title to the property vacated
shall revert by operation of C.R.S. 1973,43-2-302 to the adjacent property owners
of record.
Section 4. 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 detNmines that the ordinance bears a rational relation to the
proper legislative object sought to be attained.
Section 5. 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 judged by a court of competent jurisdiction invalid, such judgement
shall not affect, impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
Section 6. This ordinance shall take effect 15 days after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of ---1- to ~
on this 22nd day of May , 1995, 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 June 26 , 1995, at 7:00 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 ~ to ~, this 26th day of June , 1995.
SIGNED by the Mayor on this 27th day of June
,1995.
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Wanda Sang, Cay Cler~
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DAN WILDE, MAYOR
1st Publication: JUNE 1, 1995
2nd Publication: JULY 13, 1995
Jefferson Sentinel
Effective Date: JULY 28, 1995
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