HomeMy WebLinkAboutordinance.council.023-88 ORDINANCE NO. ~ (Series of 1988)
AN ORDINANCE VACATING A PORTION OF THE ALLEY OF BLOCK 25 AND 26
OF THE EAST ASPEN ADDITIONAL TOWNSITE AND CLEVELAND STREET
CONTAINING APPROXIMATELY 2,843.07 SQUARE FEET ALL WITHIN THE CITY
OF ASPEN, PITKIN COUNTY, COLORADO
WHEREAS,the Applicants, 1000 East Hopkins Partnership, have
requested that the City Council of the City of Aspen, Colorado
(hereinafter "Council"), vacate a portion of the alley 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 the alley 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 alley
right-of way, City of Aspen, Pitkin County, Colorado, shall be
and hereby is vacated, to wit:
A tract of land situated in the East Aspen Additional Townsite,
City of Aspen, Colorado and being more fully described as
follows:
Beginning at the northwesterly corner of Lot S, Block 26
E.E.A.T., thence N14 50'49"E 21.01 ft. to the southwesterly
corner of Lot I, said Block 26;thence S75 09' ll"E 135.32 ft. to
the southeasterly corner of Lot A, Block 25 E.E.A.T. ;thence S14
50'49"W 21.01 ft to the northeasterly corner of Lot K said Block
25; thence N75 09'11"W 135.32 ft. to the point of beginning.
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 easement 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 across the
vacated and adjacent parcels for utilities and trail purposes on
the terms and conditions set forth therein.
Section 4 That the City Clerk be and hereby is directed,
upon the adoption of this ordinance, to record a copy of this
ordinance, in the office of the Pitkin County Clerk and Recorded.
Section 5 If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional 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 portion 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 continued and concluded under such prior ordinance.
INTRODUCED, READ AND ORDERED published as provided by law
of ~e City Council of the City of Aspen on the ~/-'~¥~ day of
~ 1988
William L. Stirling
ATTEST-.
Kathryn S. Koch, City Clerk
Finally adopted, passed and approved this day of
, 1988
William L. Stirling
ATTEST:
Kathryn S. Koch, City Clerk