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HomeMy WebLinkAboutOrdinance-1983-0557INTRODUCED BY COUNCILMEMBER DAVIS ORDINANCE NO. 557 Series of 1983 3 ✓"O TITLE: AN ORDINANCE PROVIDING FOR THE VACATION OF A PORTION OF MARSHALL STREET AT APPROXIMATELY 4949 MARSHALL STREET, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Lloyd Kiper for approval of a public street vacation in Wheat Ridge, Case No. WV-83-3, and upon recommendation for approval from the wheat Ridge Planning Commission, and pursuant to findings made based upon testimony and evidence presented at public hearing before the Wheat Ridge City Council a portion of Marshall Street, as legally described below, is hereby vacated for public street right-of-way purposes: Beginning at a point from which the South Quarter Corner of Section 13, Township 3 South, Range 69 West of the Sixth Principal Meridian bears South 63`37'00" East a distance of 1,924.77 feet; thence South 70°48'00" West a distance of 67.77 feet; thence to the right on a curve whose radius is 1,276.37 feet a distance of 177.77 feet; thence North 00055'00"East a distance of 70.07 feet; thence East a distance of 60.00 feet; thence South 00055100" West a distance of 65.70 feet; thence to the left on a curve whose radius is 1,146.30 feet a distance of 90.00 feet, more or less, to the Point of Beginning, being 0.13 acres more or less, exclusive of existing roads and right-of-way in Section 13, Township 3 South, Range 69 West, 6th P.M. Section 2. Conditions. That portion of Marshall Street herein vacated for public street right-of-way purposes shall revert to the adjacent property, however a general utility easement shall be maintained. 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 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 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 circumstances 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 5. This ordinance shall take effect 15 days after final publication. with 1 abstention INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 14th day of November , 1983, 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 December 12_. 1983, 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 to 0 , this 12th day of December , 1983. with 1 abstention SIGNED by the Mayor on this Wanda Sang, City Clerk 1st Publication: November 17, 2nd Publication: December 15, wheat Ridge Sentinel Effective Date: December 29, day of 1983. FRANK STITES, MAYOR APPROV)Eq AS TQ.FORM BX CITY ATTORNEY: 1983 . 1983 7 JOHN YES, CITY ATTORNEY 1983 / _ /