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ORDIl\A.'\!CE NO ~
Senes of 1991
AK ORDIKANCE OF THE CITY COUNCIL OF THE CITY OF ASPE~, COLORADO,
ACCEPTIKG THE CONVEYAKCE M'D DEDICATIO~ OF EASTWOOD ROAD AS A
PCBLIC RlGHT-OF-\VAY A.'ID FOR LlILITY EASEMETI PCRPOSES
WHEREAS, on July 13, 1987, the CIty CouncIl of the City of Aspen by Ordmance No
28, Senes of 1987, armexed that territory referenced to and commonly described as the
"Eastwood SubdlvlslOn" mto the Clly of Aspen, and,
WHEREAS, the Easrwood SubdlvlslOn IS served by an unimproved pm ate road known
as Easrwood Dnve, and,
WHEREAS, the owners of s81d pnvate road have expressed a desire to grant and convey
_ the road unto the Clly of Aspen upon the condttion that s81d road shall be forever kept open and
used as a public nght-of-way and for unllty easements; and,
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WHEREAS, the owners of saId pnvate road have agreed to convey and dedtcate the road
to the Clly of Aspen v.llh the attendant nght to establ1sh grades and to bnng the s81d ded1cated
road mto ConfoIIDlty WIth all Clly regulatlOns and specmcatlons, and,
VvrrEREAS, the owners of s81d pnvate road have also agreed to waive all cl81ms for
damages which may anse by reason of changes to the present surface of S81d road that are
reqUlIed to be made to conform to S81d regu1anons and specmcatlOns, and,
WHEREAS, an "Easmood Road DedlCatlDn Plat" (Sheets 1-4) has been prepared whIch
cont81ns detalls and informanon, cerllfied to be correct by a regJstered land surveyor In the State
of Colorado, re1anng to saId dedtcated nght-of-way and utility easements, and,
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WHEREAS, the CIty CounCIl demes to accept s81d dedtcanon upon the condtuons stated
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herem above
I\OW, THEREFORE, BE IT ORDAThcD BY THE CITY COll\'CIL OF THE CITY OF
ASPE:-;r, COLORADO:
Section 1
That upon the execution of a dedIcation statement by each and every owner of a portIon
of Eastwood Road as shown on the Eastwood Road DedIcation Plat, mcorporated herein by thIS
reference, the City of Aspen by thls ord.mance accepts s8.1d comeyance and ded1canon and In
conslderanon thereof agrees that s8.1d road shall be forever kept open and used as a public nght-
of-wa) and for utility easements and that it will grade, construct and mamtam a good and
suffICIent street over the ennre property as herem descnbed, W1th all needful dr8.1nage,
Section 2
That the Ylayor of the City of Aspen IS authonzed and duected to execute an acceptance
of dedication statement on the Eastwood Road Ded1caoon Plat \\h1ch shall read as follows
The Clly of Aspen, a municIpal corpora non, hereby accepts the
conveyance and ded1catlon of the Eastwood Road pubhc road nght-of-way
and unltty easements and ill conSIderation thereof agrees to layout, grade,
construct and mamtam a suffiCIent street on the property shown and
dedIcated hereon
Secnon 3
That the CIty Clerk of the Clly of Aspen IS hereby directed as follows,
a) To me one copy of the Eastwood Road Ded1canon Plat and all
dedication statements executed by owners of portions of the dedicated
street WIth the Clerk and Recorder of the County of Pllkill, State of
Colorado. and.
b) To file one copy of thIS ordinance W1th the Clerk and Recorder of the
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County of Pllbn, State of Colorado
Semon 4
That thIs ordmance shall not have any effect on eXlstlng lmganon and shall not operate
as an abatement of an) aCllon Dr proceed.mg no\\ pend.mg under or by vtmJe of the ordlnances
amended as herein prO\ lded, and the same shall be construed and concluded under such plior
ordmances
Secnon 5
That If any secnon, subsection. sentence, clause. phrase or portlon of trus ordmance IS for
any reason held invalId or unconstllutlonalm a court of competent JunsdlctlOn, such portion shall
be deemed a seperate, dlsanct and Independent provision and shall not affect the valtdlty of the
remaining portlons hereof,
A publ1c hearing on the ordlnance shall be held on the 12~ay of {Lr-~
1991, In the CIty Council Chambers, Aspen City Hall, Aspen, Colorado
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c-ITRODUCED, READ A!'>u ORDERED PUBLISHED as provIded by 1a\\ by the City
CouncIl of the City of Aspen on the A;;:z day of
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. 1991
~j-/ l. (~,
John S Bfn::en, :\layor
.J.r
ATTEST
ditiA; ~ o~ h
Kathryn S,)OCh, City Clerk
1991
FINALL Y adopted, passed and approved trus ~ day of U'u.2~1
n/. >r (~~
John S bn, Mayor
ATTEST,
k-- Jh
Kathry!l S~'0 Clerk
acapt..ord
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