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HomeMy WebLinkAboutOrdinance-1996-1035 ~~ \\ RE!~cDTrON NO,-r0265806 11.00 230 RECORDED IN JEFFERSON COUNTi, .- 0,::; OCO::'-O::le:: 7/10/96 ~O.13,31 d) C ],_ORADO CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Dalbec Council Bill No. ~6 Ordinance No. 1035 Series of 1996 1/ ~ 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. \\t}IERE~...S f ri'Jht --of -t;-:a.y vias pre''! iOl...sly d~J.~caLed when the adjacent properties 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 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 South thirty-eight (38) feet of the North seventy-one (71) feet of the West one hundred sixty-six (166) feet of Lot Seven (7) Barry Subdivision and the South thirty- eight (38) feet of the North three hundred sixty-nine (369) feet of the West one hundred sixty-six (166) feet of Lot Seven (7) Barry Subdivision and the East twenty- five (25) feet of Lot Seven (7) Barry subdivision, 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 41st Avenue also be reserved over the vacated land. 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, Safetv 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 GED\S3J2" ":1~5':l 1 ---~ELEF'TICIN Ni~) F02E-5806 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 C'l 'l-- rational relation to the proper legislative object sought to be F attained. Section 5. Severabilitv If any clause, sentence, paragraph, or part of this Ordinance or Application thereof to any person or circumstances shall for any reason be judged 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 6, Effective Date. This Ordinance shall take effect one day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 10th day of June , 1996, ordered published in full in a newspaper of general circulation-rn the City of Wheat Ridge and Public Hearing and consideration on final passage set for July 8 , 19~, at 7: 00 0' clock p. m" in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, reading by 1996 . ADOPTED AND a vote of 8 ORDERED to 0 PUBLISHED , this 8th on second and day of July final SIGNED by the Mayor on this 9th day of July 19)6 . ~~ DAN WILDE, MAYOR ATTEST: If , l dJf _ji .. ii. it i.,- -;r;i, 1/' ,~.. WANDA SANG, CI~ERK AS TO FORM BY CITY GERALD E, DAHL, CITY ATTORNEY 1st Publ ication: June 14, 1996 2nd publication: July 12, 1996 Wheat Ridge Transcript Effective Date: July 13, 1996 :-;E[I '::i~{]2'7' 1'-)1''159 1 -2-