HomeMy WebLinkAboutOrdinance 1787 - Vacate 46th AvenueCITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER LARSON COUNCIL BILL NO. 02
ORDINANCE NO. 1787 Series 2024
TITLE: COUNCIL BILL NO. 02-2024 – AN ORDINANCE VACATING ANY INTEREST HELD BY THE CITY IN A PORTION OF W 46th AVENUE LOCATED BETWEEN EVERETT AND ESTES STREETS
WHEREAS, the City of Wheat Ridge holds public rights-of-way in trust for the public and the landowners abutting such rights-of-way; and
WHEREAS, a certain street known as W 46th Avenue was dedicated to the public as a partial cul-de-sac by the 1955 Clearvale Subdivision plat; and
WHEREAS, the cul-de-sac portion of W 46th Avenue as described herein was
never built as a cul-de-sac and is no longer necessary for use by the public; and
WHEREAS, pursuant to the authority granted by C.R.S. §§ 31-15-702(1)(a)(I) and 43-2-301 et seq., the Council of the City of Wheat Ridge, Colorado, has determined that the nature and extent of the public use and the public interest to be served is such as to
warrant the vacation of the Property; and
WHEREAS, the property to be vacated and which is the subject of this ordinance is more fully described as Tract A and Tract B of the Clearvale Subdivision as shown on Exhibit A and Exhibit B attached hereto and fully incorporated herein by this reference; and
WHEREAS, no property abutting the Property will be left without an established
public road or private-access easement connecting said land with another established public road.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Vacation. The following Property held as right-of-way by the City is hereby vacated, the same being no longer required for public use and the public interest will be served by such vacation described as Tract A and Tract B of the
Clearvale Subdivision, according to the plat recorded at Book 15, Page 37. Upon
the vacation accomplished hereby, title to the property vacated shall revert, by operation of Colorado Law CRS 43-2-302, to Michael Childers and William Gryder Childers, as the abutting landowners.
Section 2. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 3. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder.
Section 4. Effective Date. This Ordinance shall take effect immediately after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 8th day of January 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for Monday, February 12, 2024 at 6:30 p.m., as a virtual meeting and 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 8 to 0, this 12th day of February 2024.
SIGNED by the Mayor on this 14th day of February 2024.
_________________________ Bud Starker, Mayor
ATTEST: _______________________
Steve Kirkpatrick, City Clerk Approved as to Form
_
___________________________ Gerald E. Dahl, City Attorney
1st publication: January 9, 2024 2nd publication: February 13, 2024 Jeffco Transcript: Effective Date: February 13, 2024