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HomeMy WebLinkAboutOrdinance-1985-0624RECORDED IN ('OUNTY OF JEFC-l"' ')N c-m -1' E:: or:- CO L.. o l2 fi 1~F.:C:1:411'TON NO. B7020511 02117187 11 N 10 6.00 VO INTRODUCED BY COUNCILMEMBER MERF V ORDINANCE NO. 624 Series of 1985 TITLE: AN ORDINANCE VACATING THE SOUTHERN-MOST 2 FEET OF ALLISON STREET AS DEPICTED ON THE RECORDED PLAT OF THE RIDGEVIEW GARDENS SUBDIVISION, WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. WHEREAS, a certain street known as Allison Street was dedicated to the public at the time of the recordinq_ of the Plat of the Ridgeview Gardens Subdivision; and WHEREAS, pursuant to a Stipulation and Order of the District Court in and for the County of Jefferson, State of Colorado, in Civil Action 84-CV-3258, the City of Wheat Ridge has agreed, and is ordered, to vacate a 2 foot strip of land at the north boundary of the right-of-way of West 35th Avenue, which is the southern most 2 feet of said Allison Street; and WHEREAS, said part of said Allison Street is within the city limits of the City of Wheat Ridge, County of Jefferson, State of Colorado; and WHEREAS, the City Council of the City of Wheat Ridge wishes to vacate the southern-most 2 feet of Allison Street as described herein in order to comply with said Stipulation and Court Order; BE IT ORDAINED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. The following part of Allison Street, a dedicated street in the City of Wheat Ridge, County of Jefferson, State of Colorado, is hereby vacated, to wit: THE SOUTHERN-MOST 2 FEET OF ZEPHYR COURT (ALSO KNOWN AS ALLISON STREET) ACCORDING TO THE RECORDED PLAT OF THE RIDGEVIEW GARDENS SUBDIVISION. provided however, that any and all utility easements presently existing in said vacated property, shall remain valid and shall not be affected by this street vacation. Section 2. Upon the vacation accomplished hereby, title to the property vacated shall revert by operation of C.R.S. 1973 43-2-302, to the abutting property owners, title to be held by said abutting property owners, & their successors in title, for the benefit for all present and future owners of Allison Street to ensure that Allison Street shall remain a non-through, dedicated public street. 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 one day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 17th day of June, 1985, 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 July 8, 1985, 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 readinq_ by a vote of 8 to 0 this 8th day of July, 1985. SIGNED by the Mayor on this 9th day of July, J1 S r~ Frank Stites, Mayor y AI 1 ~ Wanda .S'ang, City Clerk 1st Publication: 6/20/85 2nd Publication: 7/11/85 Wheat Ridge Sentinel: Effective Date: 7/12/85 APPROVED- AS.TO FORM BY OFFIC~" 0' 04TY~ATTOR~EY: John /E. Hayes / IRECEPT--[ON No. 870201---j 2 AL