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HomeMy WebLinkAboutOrdinance-1990-0849 IN'I'RODUCED BY COUNCIL MEMBER MERKL 9ErEPTJDN NO. 90\07520 \?'?0f00 15:00 1~.00 RECORDEr, J ~I COUNTY OF JEFFERsnN STATE OF COLORADO ORDINANCE NO. 849 series 1990 TI TL}~ : AN ORDINANCE VACATING A PORTION OF WES'l' 39TH AVENUE BET\'iEEN HIGH COL1RT AND REED STREET IN 'l'HE ROY S. BACON JR. SUBDIVI SION \H'l'HIN 'THE CI'l'Y OF m-lEA'l' RIDGE, COUNTY OF JEFFERSON, S'I'A'l'E OF COLORADO. ". DO , ?1P WHEXEAS a portion of the Roy S. Bacon Jr. Subdivision, previously approved by the Board of County Commissioners of .Jefferson County, contains a dedication for vlest 39th Avenue adjacent to Lot IO of said Roy S. Bacon Jr. Subdivision; and I /~ WHEREAS a portion of said dedicated West 39th Avenue lies within a cuI de sac bulb and is unneeded for public roadway purposes; and WHEREAS said part of said West 39th Avenue lies within the City of Wheat, County of Jefferson, State of Colorado, and lS not needed by the City fur roadway or right of way purposes; BE I'l' ORDAINED BY TilE Cl'IY COUNCIL OF 'I'HE CJ'I'Y UF ~'HlEAT RIDGE, COLORADO AS FOI,l.(l\\S: Section 1. The following portion of West 39th Avenue, a dedicated street within the City of Wheat Ridge, County of Jef- ferson, State of Colorado, within the Roy S. Bacon Jr. SubdlVi- sion, is hereby vacated, to wit: All of that parcel of land in the Southeast Quarter of Section 23, Township 3 South, Range 69 West of the 6th Principal Meridian, described as follows: On the east by the east line (extended) of Lot 10, ROY S. BACON JR'S SUBDIVISION, recorded at Plat Book 6, Page 64, in the records of Jefferson County, Colorado. On the north by the north llne (extended) of Lot 8, sald Plat Book 6, Page 64. On the southwest by that curve as shown as part of said Lot IO, having a radius of 45 feet. Said parcel contains 630.62 square feet more or less. Providing, however, that there is reserved to the City of Wheat. Rldge solely for tbe benefit of utility providers and not for street purposes, an easement in and from property described herein which easement may be utilized solely for utility instal- lation and maintenance. Section 2. Upon the vacation accomplished hereby, title to the property vacated shall revert by operat.ion of C.R.S. 1973, 43-2-02 to the owner of record of Lot 10, Roy S. Bacon Jr. Subdi- vision. Section 3. Safety Clause. The City Council hereby finds, det.ermines, and declares that this ordinance is promulgated under the general police power of tbe 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 I' 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, para- graph, or part of this Ordinance or the applicat.ion thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. This Ordinance shall take effect 1 day after final publication. INTRODUCED, READ, AND ADOP'l'ED on first reading by a vote of 8 to 0 on this JQ1.hday of Seotember ,1990, or- dered publlshed in full in a newspaper of general circulation in tbe City of Wheat Ridge and Public Hearlng and consideration of final passage set for October 8 , 1990 at 7:30 o'- clock p.m. in the Council Chawbers, 7500 West 29tb Avenue, \'lheat Ridge, Colorado. READ, l\DOP'l'ED, reading by a vote of , 1990. AND ORDERED PUBLISHED 8 to 0 on tlns on second and f j na 1 8th day of October SIGNED by the r~ayor on this 9th 1990. day of October , . . " ~~ Dan Wilde, l-layor .!!I~.T:ES'l' ;, .. j .- , ... i j .... ~ "i''l'' j!Jk {j ~ .. -/. . ~ ,;., I . '... ~' Wanda $ang ~ City APPROVEU AS TO FQRM ( 1st Publication September 19, 1990 October 17, 1990 John IHayes, I v' i Ci tl Attorney (/ (I, //.. ..- Cleft 2nd Publication R~CEPTJON NO. C;>0107~20 Applewood Transcript Effective Date October 18, 1990 REC~T I m.J ~10. '70] W'52(~ 3 U 10 7040 W. 39tiv AV0. ~, A~ m. ~,?J~ m.