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HomeMy WebLinkAboutordinance.council.016-02ORDINANCE N0. 16 (SERIES OF 2002) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN VACATING A PORTION OF GALENA STREET RIGHT-OF-WAY LYING NORTH OF THE GALENA STREET TURN-AROUND, DEDICATING AS RIGHT-OF-WAY A PORTION OF RIO GRANDE SUBDIVISION LOT #2, CURRENTLY FUNCTIONING AS PART OF THE GALENA STREET TURN- AROUND, AND ACCEPTING A DEDICATION OF RIGHT-OF-WAY A PORTION OF PITKIN COUNTY CENTER SUBDIVISION CURRENTLY FUNCTIONING AS PART OF THE GALENA STREET TURN-AROUND, ALL WITHIN BLOCK 86, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY. WHEREAS, the Galena Street right-of--way, as platted, does not currently reflect the vehicular pattern created as a result of the development of the Galena Street turn- around; and, WHEREAS, the lands subject to this Ordinance are known as adjustment parcels C, D, and E as described on the Rio Grande Subdivision and Pitkin County Center Subdivision Lot Line Adjustment Plat; and, WHEREAS, the City of Aspen believes the right-of--way should accurately reflect the manner in which the land is being used; and, WHEREAS, the subject portions of land are owned by the City of Aspen and Pitkin County and aid owners consent to the vacation and dedication actions; and, WHEREAS, the vacation and dedication actions will not leave any of the subject land without a means of access to the public right-of--way; and, WHEREAS, the vacation and dedication meets or exceeds the review criteria for affecting such changes as adopted by the City of Aspen; and, WHEREAS, the Aspen City Council has reviewed and considered the vacation and dedication proposal, has reviewed and considered the recommendation of the Community Development Director, the applicable referral agencies, and has taken and considered public comment at a public hearing; and, WHEREAS, the City Council finds that the development proposal meets or exceeds all applicable development standards and that the approval of the development proposal is in the best interests of the City of Aspen; and, WHEREAS, the City Council finds that this Ordinance fiuthers and is necessary for the promotion of public health, safety, and welfare and is consistent with the goals and elements of the Aspen Area Community Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO as follows: i ` i ` J Page 1 nce No. 16, Series of 2002 ~ IIIIIIRI~III,IIIIIIIIIIIIII IIII I~IIIII III VIII III IIII O 469D 05 te: »a I I I III 0e Section 1• The portion of the Pitkin County Center Subdivision, described as "Adjustment Pazcel C" on the Rio Grande Subdivision Pitkin County Center Subdivision Lot Line Adjustment Plat, is hereby dedicated as a public right-of--way, accepted by the City of Aspen, and shall be considered part of the Galena Street right-of--way. Section 2• The portion of Galena Street right-of--way, described as "Adjustment Parcel D" on the Rio Grande Subdivision Pitkin County Center Subdivision Lot Line Adjustment Plat, is hereby vacated and shall be considered part of Rio Grande Subdivision Lot #2. The ownership and title to such land shall vest as provided in and by Section 43-2-302 Colorado Revised Statutes. Section 3: The portion of Rio Grande Subdivision Lot #2, described as "Adjustment Parcel E" on the Rio Grande Subdivision Pitkin County Center Subdivision Lot Line Adjustment Plat, is hereby dedicated as a public right-of--way, accepted by the City of Aspen, and shall be considered part of the Galena Street right-of--way. Section 4• The City Clerk is hereby directed, upon adoption of this Ordinance, to record a copy of this Ordinance with the Pitkin County Clerk and Recorder. Section 5• The City Engineer is hereby directed, upon adoption of this Ordinance, to make all necessary corrections to the Official Map of the City of Aspen. Secfinn 6c This Ordinance shall not effect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7• If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepazate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section Rc A public hearing on the Ordinance was held on the 10th day of June, 2002, at 5:00 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which Page 2 JI 4695x5 Ordinance No. 16, Series of 2002 I IIIIII VIII II~III VIII VIII IIII I VIII III VIII IIII IIII 07905/2002 50:17{7 SILVIR DRVIS PITKIN COUNT" GO R 25.00 D 0.00 hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, ~ c byr the City Council of the City of Aspen on the 13`~ day of May, 2002. ~ ,~,. ~~ Attest:. _ e:~ ' ~ ~ ) - Katkryn S. c ,City Clerk elen Kalin ande d, Mayor FINALLY, adopted, passed and approved this ~d day of ~tiK 2002. Approved as to form: E1d orney Approved as to content: Helen Kalin Klan a d, Mayor ,~ ..n r...~ 'p, ~~ Attes ' ''. T r ~~athry~'S. ch, City Clerk . J(J ii i. +0,. Ordinance No. l6, Series of 2002 Page 3 4fi9505 I IIIIII VIII IIIIII VIII VIII IIII IIIIII III VIII IIII IIII 00 7905D 0000 0 17Li ~IilllIIIIIIIIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII00690©00101~Q I . nn OR~xI WL .SP Ex L011x 51iE DELia ~ al Vl 0[- papNS ~ SJ 69 RRC ~ SB 90' CxOpV ~ e ]B'le .B- ]tl O6 C\ .O JVSINEni Yap[EL 'E" \ 4RE< "E' LOT 2 RIO GRANDE SUBDIVISION _ 1 ./~ oELU -.rv ar ~--~... - J h~{1rff~1r,•N•' R1D i U] ~ 53. 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