HomeMy WebLinkAboutOrdinance-1999-1152
INTRODUCED BY COUNCIL MEMBER Eafanti
Council Bill No. --2-
Ordinance No. ~
Series of 1999
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TITLE: AN ORDINANCE VACATING AN UNUSED PORTION OF WEST 40TH
AVENUE, APPROXIMA TEL Y 10000 WEST 40TH AVENUE, (CASE NO.
WV-99-01) WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO
WHEREAS, nght-of-way was prevIously dedIcated for West 40th Avenue between 38th Avenue
and West 41 5t Avenue on the West sIde of Kipling (hereinafter, the "subJect nght-of-way"), and
WHEREAS, the subJect nght-of-way lies wlth1l1 the City of Wheat RIdge, County of Jefferson,
State of Colorado, and
WHEREAS, the subJect right-of-way is not needed for any publIc purpose, and
WHEREAS, no land adjo1l1111g the subject nght-of-way WIll be left WIthout access to the publIc
street system as a consequence of Its vacation,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO THAT:
Section 1. Vacation. The followll1g portIon of West 40th Avenue, a dedIcated street wlth1l1 the
City of Wheat RIdge, County of Jefferson, State of Colorado, IS hereby vacated.
A parcel ofland loeated in the southeast quarter of the southeast quarter of SectIOn 2 L TownshIp 3
South, Range 69 West of the 6th PnnClpal MendIan, County of Jefferson, State of Colorado, more
partIcularly described as follows.
Commeneing at the southeast corner of said Section 21, thence N 0004'58" W along the east 11l1e
of SaId SectIon 21 a dIstance of 1,046 83 feet. Thenee S 89024'00" W a dIstance of 50 feet to the
point ofbegll1nll1g. Thence eont1l1ull1g S 89'24'00" W a dIstance 01'28075 feet. Thence N
OO"04"iR" W a dIstance of 50 feet to the pomt of beginning.
IlECEPTruN NO. F0813179
3/02/1999 10:55:54 PG: 001-002
PAGE FEE: 11.00 DOC.FEE: 0.00
RECORDED IN JEFFERSON COUNTY, COLORADO
Parcel contall1S 14,038 feet more or less.
ExhibIt B as attached hereto IS made a part hereof
The baSIS of beanng for thIS descnptlon IS the east 11l1e of the southeast quarter of SectIon 21,
TownshIp 3 South, Range 69 West of the 6th Principal Mendlan whIch bears N 0004'58" W
Section 2. Conditions. A utIlIty easement is hereby reserved over the property hereby vacated 111
accordance WIth SectIOn 43-2-303(3), C.R.S
Section 3. Vesting. Upon the vaeatlon aceomplIshed hereby. tItle to the property vaeated shall
revert to abuttll1g property owner(s) of record in the manner set forth in SectIOn 43-2-302, C.R.S
Section 4. Safety Clause. The City Council hereby finds, determ1l1es. and declares that thIS
ord1l1ance 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 ordlI1ance IS necessary for the
preservation of health and safety and for the protectIon of publIc convemence and welfare. The CIty
CouncIl further determmes that the ordll1ance bears a rational relatIon to the proper legislative obJect
sought to be attained,
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Section 5. Severability. If any clause, sentence, paragraph. or part of thIS Ordll1ance Code or the
applIcatIOn thereof to any person or CIrcumstances shall for any reason be adJusted by a court of
competent junsdlctlOn mvalid, sueh Judgment shall not affect applicatIOn to other persons or
circumstances.
Section 6. Effective Date. ThIS ordinanee shall take effeet 15 days after final publIcatIOn as
provIded by the Charter
INTRODUCED, READ, AND ADOPTED on first readll1g by a vote of~ to ~ on thIS
25th day of January , 1999, ordered publIshed in fullm a newspaper of general cIrculatIon
in the CIty of Wheat RIdge and PublIc Hearing and consideratIon on final passage set for
February 8 . 1999 at 7 00 o'clock p.m., m the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado
READ, ADOPTED AND ORDERED PUBLISHED on second and final readll1g by a vote of
~ to~, thIS ~ day of February , I ?99
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Wanda Sang, CIty Clerk \
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ATTEST
RECEPTION NO. F08l3l79
ORNEY
GERALD DAHL. CITY ATTORNEY
1st PublIcatIon, January 29, 1999
2nd PublIcatIOn February 12,1999
Wheat RIdge Transcnpt
EffectIve Date February 27,1999
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Ordinance No
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