HomeMy WebLinkAboutordinance.council.006-94
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ORDINANCE NO. ~
Series of 1994
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO
ACCEPTING THE CONVEYANCE AND DEDICATION OF PITKIN MESA DRIVE
AS A PUBLIC RIGHT-OF-WAY AND FOR UTILITY EASEMENT PURPOSES.
WHEREAS, on April 12, 1971, the City Council of the City of Aspen by Ordinance
No.8, Series of 1971, annexed the territory referenced to and commonly described as the
"Open Space" into the City of Aspen; and,
WHEREAS, on March 31, 1977, the City Council of the City of Aspen by
Ordinance No. 76, Series of 1976, annexed the territory referenced to and commonly
described as "Lots 8-12, 14-16, Block 1, Pitkin Mesa Subdivision" into the City of Aspen;
and,
WHEREAS, the Pitkin Mesa Subdivision was served by an unimproved private road
known as Pitkin Mesa Drive; and,
WHEREAS, the owners of said private road have expressed a desire to grant and
convey the road unto the City of Aspen upon the condition that said road shall be forever
kept open and used as a public right-of-way and for utility easements; and,
WHEREAS, the owners of said private road have agreed to convey and dedicate
the road to the City of Aspen with the attendant right to establish grades and to bring the
said dedicated road into conformity with all city regulations and specifications; and,
WHEREAS, a "Pitkin Mesa Subdivision Right-of-Way Dedication Plat" (Sheets 1
and 2) has been prepared which contains details and information, certified to be correct
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by a registered land surveyor in the State of Colorado, relating to said dedicated right-
of-way and utility easements; and,
WHEREAS, the City Council desires to accept said dedication upon the conditions
stated hereinabove.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
The City of Aspen by this ordinance accepts the conveyance and dedication of
Pitkin Mesa Drive and the Pitkin Mesa Drive public right-of-way as shown on the Pitkin
Mesa Subdivision Right-of-way Dedication Plat and in consideration thereof agrees that
said road shall be forever kept open and used as a public right-of-way and for utility
easements and that it will grade, construct and maintain a good and sufficient street over
the entire property as herein described, with all needful drainage.
Section 2
That the Mayor of the City of Aspen is authorized and directed to execute an
acceptance of dedication statement on the Pitkin Mesa Subdivision Right-of-Way
Dedication Plat which shall read as follows:
The City of Aspen, a municipal corporation, hereby accepts the conveyance
and dedication of the Pitkin Mesa Drive public road right-of-way and utility
easements and in consideration thereof agrees to layout, grade, construct and
maintain a sufficient street on the property shown and dedication hereon.
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Section 3
That the City Clerk of the City of Aspen is hereby directed as follows:
a) To file one copy of the Pitkin Mesa Subdivision Right-of-Way Dedication Plat
and all dedication statements executed by owners of portions of the dedicated street
with the Clerk and Recorder of the County of Pitkin, State of Colorado; and,
b) To file one copy of this ordinance with the Clerk and Recorder of the County
of Pitkin, State of Colorado.
Section 4
That this ordinance shall not have any effect on existing litigation and shall not
operate as an abatement of any action or proceeding now pending under or by virtue of
the ordinances amended as herein provided, and the same shall be construed and
concluded under such prior ordinances.
Section 5
This 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 separate, distinct and independent provision and shall not affect
the validity of the remaining portions hereof.
A public hearing on the ordinance shall be held on the !!;L day o~
1994 in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by
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the City Council of the City of Aspen on the at day of ~~
1994.
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John S. ennett, Mayor
ArrEST:
FINALLY adopted, passed and approved this !J!- day of ~ ~ "
1994,
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John S. Bennett, Mayor
ATTEST:
M14.94
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