HomeMy WebLinkAboutOrdinance-1984-0573RECORDED
COUNTY v)::*
STA-IT" ar-
17
0211 M37
7:N
Ccrr0RAD0
NO., 87020515
11:10 6.00
rr~ ~ INTRODUCED BY COUNCILMEMBER SNOW
I
ORDINANCE NO. 573
Series of 1984
TITLE: AN ORDINANCE VACATING A PORTION OF MILLER COURT
LOCATED SOUTH OF WEST 38TH AVENUE WITHIN THE CITY
OF WHEAT RIDGE, COLORADO, AS MORE FULLY DESCRIBED
HEREIN.
WHEREAS, a certain street known as Miller Court was
dedicated to the public; and
WHEREAS, that part of said Miller Court as described
herein is no longer necessary for use by the public; and
WHEREAS, said 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 said 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 Miller Court, a dedicated
street in the City of Wheat Ridge, County of Jefferson,
Colorado, is hereby vacated, to wit:
A Parcel of land located in HORACE HEIGHTS SUBDIVISION,
being a part of Miller Court right-of-way, and part of
the NE 1/4 of Section 28, Township 3 South, Range 69
West, Jefferson County, Colorado, described as follows:
Beginning at the Northeast corner of the Northwest 1/4
of the Northeast 1/4 of Section 28, thence westerly
along the North line of Section 28, a distance of 334.00
feet; thence southerly along the East right-of-way line
of Moore Street as recorded in Book 14 at Page 23, a
distance of 106.58 feet to the true point of beginning;
thence southeasterly along a curve to the left having a
radius of 15 feet, a distance of 23.56 feet to the
point of tangency of said curve; thence easterly along
the south line of Tract A of Horace Heights Subdivision,
recorded in said Book 14 at Page 23, a distance of 28
feet to the point of curvature of a curve to the right
having a radius of 173 feet; thence southeasterly along
said curve a distance of 28.97 feet; thence southwesterly
to the point of intersection of the East right-of-way
line of Moore Street and the centerline of Miller Court
as described in said Book 14 at Page 23, a distance of
75.30 feet; thence northerly along said East right-of-
way line of Moore Street, a distance of 40 feet to the
point of beginning, containing 1026 square feet, more
or less; provided however, there is reserved to the
City of Wheat Ridge a permanent easement over and upon
the property described in Exhibit A and a temporary
construction easement over and upon the property described
in Exhibit B, which exhibits are attached hereto and
expressly incorporated herein.
PAGE -2-
Section 2. The
preservation of
of Wheat Ridge,
use.
provisions of this ordinance are necessary to the
the public health and safety of the citizens of the City
Colorado, because said property is not needed for public
Section 3. Upon the vacation accomplished hereby, title to the property
vacated shall revert, by operation of Colorado Law CRS 43-2-302, to
Fred J. Haaf, Jr., as the sole abutting landowner.
Section 4. 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 to be attained.
Section 5. 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 6. This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 01
this 14th day of May, 1984, 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 June 11, 1984, at 7:30 p.m. at
Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a
vote of 7 to 1 , this 11th day of June , 1984.
ATTI~S
anda Sand cfty
1st Publication: May 24, 1984
2nd Publication: June 14, 1984
Wheat Ridge Sentinel
Effective Date: June 28, 1984
APPROVED AS TO FORM BY OFFICE
OF CITY ATTORNEY:
John 'Hayes, City Attorney
Frank Stites, Mayor
RE_C:.`:P T ION NO.. £370205.1
03
c
2 ~
q'J
cc~
I=D