HomeMy WebLinkAboutordinance.council.006-86 ORDINANCE NO.
(Series of 1986)
AN ORDINANCE VACATING A PORTION OF THE FOURTH STREET RIGHT-OF-WAY
CONTAINING APPROXIMATELY 130 SQUARE FEET ADJACENT TO 602 NORTH
FOURTH STREET, ALL WITHIN THE CITY OF ASPEN, PITKIN COUNTY, COLO-
RADO
WHEREAS, the Applicants, Herman Edel and Margaret A. Edel,
have requested that the City Council of the City of Aspen,
Colorado (hereinafter "Council"), vacate a portion of the Fourth
Sreet right-of-way adjacent to the boundaries of their property;
and
WHEREAS, the Applicants are the record owner of all lands
which abut the portion of Fourth Street proposed to be vacated;
and
WHEREAS, the portion of the right-of-way thereof to be
vacated is located entirely within the corporate limits of the
City of Aspen, Colorado, and no part thereof forms the boundary of
another city or town or county; and
WHEREAS, Council has determined that in consequence of the
vacation, the public use, convenience and necessity will no longer
require the hereinafter described public property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the following described portion of the Fourth Street
right-of-way, City of Aspen, Pitkin County, Colorado, shall be and
hereby is vacated, to wit:
A tract of land situated in the Fourth Street right-of-way
and adjacent to that certain property described in Book 180
at Page 367 of the Pitkin County Records being more fully
described as follows:
Beginning at a point on the westerly boundary line of said
property whence the southwesterly corner of said property
bears S 00°08'00'' W 20.04 feet;
thence S 89°50'06'' W 4.12 feet;
thence N 00°09'54'' W 30.90 feet;
thence N 89°50'06'' E 4.28 feet to the point of intersection
with said westerly boundary line;
thence S 00°08'00'' W 30.90 feet along said westerly boundary
line to the point of beginning, containing 130.0 square feet,
more or less.
Section 2
That title to the lands so vacated shall vest as provided in
and by C.R.S. Section 43-2-302.
Section 3
This ordinance and the vacation described in Section 1 is
conditioned upon and shall not become effective until that ease-
ment agreement annexed hereto and made a part hereof is duly
executed and recorded in the office of the Pitkin County Clerk and
Recorder reserving unto the City an easement across the vacated
parcel for utilities purposes on the terms and conditions set
forth therein.
Section 4
That the City Clerk be and hereby is directed, upon the adop-
tion of this ordinance, to record a copy of this ordinance, in the
office of the Pitkin County Clerk and Recorder.
Section 5
If any section, subsection, sentence, clause, phrase or por-
tion of this ordinance is for any reason held invalid or unconsti-
2
tutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining por-
tions thereof.
Section 6
Nothing in this ordinance shall be construed to affect any
right, duty or liability under any ordinances in effect prior to
the effective date of this ordinance, and the same shall be con-
tinued and concluded under such prior ordinance.
Section 7
A public hearing on the ordinance shall be held on the~
day of _~~__~ , 1986, at 0100 Lone Pine Road,
Aspen, Colorado.
INTRODUCED, ._READ AND ORDERED published as provided by law of
the City Council of the City of Aspen on the /d~AA'~day of
A~TEST:
FINALLY
adopted, passed and approved this ~-~~ day of
, 1986.
~AT S :
6F 3