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HomeMy WebLinkAboutOrdinance-1981-0474U IJ I C'1 ~O INTRODUCED BY COUNCILMEMBER BOWMAN ORDINANCE NO. 474 TITLE: AN ORDINANCE VACATING A PORTION OF 32ND AVENUE LOCATED EAST OF UNION STREET WITHIN THE CITY OF WHEAT RIDGE, COLORADO, AS MORE FULLY DESCRIBED HEREIN. WHEREAS, a certain street was dedicated to the public; and , L WHEREAS, that part of the following described street is no longer necessary for use by the public; and WHEREAS, that part of said street is within the limits of the city of Wheat Ridge, Colorado; and WHEREAS, no land would, by a vacation of part of said street, be left without an established public road connecting it with another established public road; and WHEREAS, the Wheat Ridge Planning Commission has approved the vacation of part of said street. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. The following part of said street in the City of Wheat Ridge, County of Jefferson, Colorado, be vacated to wit: A parcel of land located in the SE 1/4 of the NE 1/4 of Section 29, T3S, R69W, 6th P.M., City of Wheat Ridge, Jefferson County, Colorado, more particularly described as follows: Beginning at the SW corner of Lot 1, Rancho Del Sol, a recorded subdivision in the City of Wheat Ridge, Jefferson County, Colorado, with all bearings contained herein relative to said Plat; Thence N90000'00"E along and with the South line of said Rancho Del Sol subdivision a distance of 641.61 feet to the SE corner of Lot 6, said Rancho Del Sol subdivision; Thence SOo00'25"W a distance of 13.00 feet; Thence N90000'00"W a distance of 641.61 feet; Thence N0010'30"W a distance of 13.00 feet to the Point of Beginning; And the same is hereby approved and that part of said street as described is hereby vacated; provided, however, said vacation shall be subject to the following con- ditions and reservations: There is reserved to utility owners the continued use and right to construct, operate, and maintain sewer, water, power, telephone, and gas lines in said vacated street. The maintenance of sidewalk and open area shall be the responsibility, by covenant, of the homeowners of Rancho Del Sol property. Section 2. The provisions of this ordinance are necessary to the immediate preservation of the public health and safety of the citizens of the City of Wheat Ridge, Colorado, for the following reasons: 1. That said property is not needed for public use; and 2. That this ordinance is necessary to correct an error made by the City of Wheat Ridge, Colorado. Section 3. 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 wel- fare 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 determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circum- stances shall for any reason be adjudged 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 S. This ordinance shall take effect 1 day after final O~ publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 12th day of October , 1981; 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 October 26 , 1981, at 7:30 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 6 to 2 this 26th day of October , 1981. SIGNED by the Mayor on this 29th day of October 1981. FRAN-K STITES , `FOR ATT_D"!•` . a :"?carol I∓,f, 2t} Clerk „'ist Publica:fion: Oct. 15, 1981) '2nd Publi t~4n: Nov. 5, 1981) Wheat Ridge Sentinel }Pectiy,e`-ta'te : Nov. 6, 1981 APPROVED AS TO FORM BY CITY ATTORNEY JOH E. HAYES, CITY ATTORNEY 1 r,_, c_ - ~1