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HomeMy WebLinkAboutordinance.council.046-94 'e ~.' .. ~ ~~" i'tt. ~ " 'e' ~' <'4\~, - - 376330 8-766 P-9SG 11/11/94 11~17R PG 1 OF 7 SILVIR ORVIS PITKIN COUNTY CLERK & RECORDER REC DOC ']5~ IZllZl JOI1 . ------"-~ - ORDINANCE NO. V(., (Series of 1994) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, VACATING PORTIONS OF GALENA STREET ADJOINING THE CUL-DE-SAC AT ITS NORTH TERMINUS CONTAINING APPROXIMATELY 2,537 SQUARE FEET ALL WITHIN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, the City of Aspen desires to vacate a portion of Galena Street adjacent to its north terminus cul-de-sac as the parcels proposed to be vacated are currently occupied by the City of Aspen Parking Garage Plaza; and WHEREAS, the right-of-ways or portions thereof to be vacated are located entirely within the corporate limits of the City of Aspen; and WHEREAS, the proposed vacation has been reviewed by the City Engineer and a determination made that the proposed vacation complies in all respects with the City's Public Right-of-way Vacation Policies and the land to be vacated is eligible for vacation pursuant to said policies; and WHEREAS, the proposed vacation will not leave any land adjoining the same without a means of access over an established public right-of-way connecting such lands to an established public street; and WHEREAS, the City Council has determined that the public use, convenience and necessity will no longer require the hereinafter described public right-of-ways or portions thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: ~_:'.' ~, .'" @.' \&, ",< ~-.' 'Z. - -- 3"71:'1 331Z1 8-766 P-9S7 11/11/94 11,17R PG 2 OF '7 Section 1. That the portions of Galena Street right-of-way, City of Aspen, Pitkin County, Colorado, described in the legal description and depicted in the sketch appended hereto as Parcels 1 and 2 and made a part hereof as Exhibit "A", shall be, and the same hereby is vacated. Section 2. 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 Recorder. Section 3. That the City Engineer be and hereby is directed, upon the adoption of this ordinance, to make all corrections necessary to the Official Map of the City of Aspen. Section 4. That 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 thereof. Section 5. 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. A public hearing on the ordinance shall be held on the..:21" day of ~ 1994, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. 2 e. %: 'q,,<- 11.'._""'.' ", \:\;, ;$_ ~", ft-. '\,,< INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the ~ day Of~ ;;? , 1994. ,llllIfUhfr,.",-" . ",' fI!.II 'I" "i,~r ..$,. "-.. l "'..,,!:...........~'" "'~ ,,~., '.' . .., . TEST: ..... '\ ld~'; ~ ..: . 1 ~ ?;. !7~' John S. Bennett, Mayor ~ FINALLY adopted, passed and approved this ~ day of a~ ./ 1994. ~ So, B~- John S. Bennett, Mayor Illl<,I/Il/. .tJ1H1.'IT~ S';;;'""" ',:\. "", (-'". '" t.i .., - ~.:.\';/ \ , '~iitr ~ vacate. oed 3763,3121 8-766 P-9SS 11/11/94 11,17R PG 3 OF 7 3 'e', \,,\ ~~ t',. LL f.:i ...'t f.!) 0.. ,~ r" ~ e ~ '" ~ ~ 0' OJ '" ; 0.. ...u '..0 t;- r.cl ~ 1'" f~) '..0 ", f~) tit G GARAGE PlAZA PARKIN 'LOT 2 RIO GRAND_E SUBIHVI S.IO~ ;'( , 1\ , ;1 . , r I . , , " . . . , , , . , . , \ . , \ \ , \\'~\l L~ ' ".\ I \ , ;; \ I \ , .:to \, \ . - \' . \ , : ^' \ ...... ,'''',\ ~" ' " "" I ' . .... ", . <a, , " , I : ..., / .........~. " - .<.....,- ~-- ' " , "'. ''-',' ,:r , . , .......... __ i = 1 ,. _"'. ~ ' I ;, . __" _.... 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Parcel 11 Louis H, Buettner Surveying 0040 West Sopris Creek Road Basalt, Colorado 81621 303-927-3611 That portion of th'e Galena Street Right-of-'way being vacated lying northerly and westerly of the Alley within Block 92 Original Aspen Townsite, and being northerly of the Original Aspen Townsite boundary line 4-5, Said right-of-way portion is more fully described as follows: Commencing at the southwesterly corner Aspen Townsite, as same is located on the the City of Aspen; thence North 14 Degrees 50 Minutes 49 Seconds East, 158.08 feet along the westerly boundary Of saiG Blo~k 92 to the TRUE POINT OF BEGINNING; thence continuing North 14 Degrees 50 along said we.terly boundary 90.43 feet; thence North 87 Degrees 31 Minutes 46 Seconds West, 18.95 feet; thence South 14 Degrees 50 Minutes 49 Seconds West, 75.82 feet; thence easterly 20.83 feet along a non-tangent curve to the right having a radius of 52.84 feet, the long chord for said curve, bears South 44 Degrees 43 Minutes 45 Seconds East, 20.83 feet to the TRUE POINT OF BEGINNING. of Block 92 Original 1959 Official Map of Minutes 49 Seconds East, Containing 1500.6458 Square feet more or less. This description was prepared by: Louis H, Buettner (LS 13166) 0040 West Sopris Creek Road Basalt, Colorado 81621 303-927-3611 3"76,33IZI 8-766 P-9ge 11/11/94 11'17R PG 5 OF 7 ,'.e... ,~ ~\"., e.:..... ~. " -' \\, .. '''.". Parcel 21 Louis H. Buettner Surveying 0040 West Sopris Creek Road Basalt, Colorado 81621 303-927-3611. That portion of the Galena Street Right-of--way being vacated lying northerly and easterly of the Alley within 'Block 86, Original Aspen Tow~site, and being southerly of the Original Aspen Townsite boundary line 4-5, Said right-of-way portion is more fully described as follows: Commencing at the southeasterly corner Aspen Townsite, as same is located on the the City of Aspen; thence North 14 Degrees 50 Minutes 49 Seconds East, 154.58 feet along the easterly Boundary of said Block 86, to the TRUE POINT OF BEGINNING; thence continuing North,14 Degrees 50 along said easterly boundary 49.00 feet; thence South 43 Degrees 12 Minutes 17 Seconds East, 66.04 feet; thence westerly 61.12 feet along a non-tangent curve to the left, having a radius of 52.84 feet, the long chard for. said curve bears North 89 Degrees 14 Minutes 17 Seconds East, 57.77 feet to the TRUE POINT OF BEGINNING. of Block 86, Original 1959 Official Map of Minutes 49 Seconds East, Containing 1036.1773 Square feet more or less. This description was prepared by: Louis H. Buettner (LS 13166) 0040 West Sopris Creek Road Basalt, Colorado 81621 303-927-3611 .376-33121 B---766 P-'-991 11/11/94 11'17R PG 6 elF 7 .... '. - ~ -'" (% . \~; '-. 37633121 8-766 P-992 11/11/94 11,17R PG 7 OF -" COIlt-JCIl. - TItf.' KI'<P' LefAt. WCJe/PTcc>ws AR€:- NOT ATTAC41r>> 'BecAUSF- Tflr;;y A~ T~ SPv-1e f',s O~tJ~ . -4ucK August 22, 1994 Mayor & City Council City of Aspen 130 South Galena Street Aspen, Colorado 81611 THE CITY OF ASPEN OFFICE OF THE CITY ENGINEER Re: Application to Vacate Portion of South Galena Street Public Right-of-Way Dear Mayor and City Council: City staff is requesting and recommending that City Council vacate of a portion of the Galena Street public right-of-way as shown on the attached map, The reason for' the request is to provide continuous property ownerships so that the County can amend its Pitkin County Center Subdivision and so that the City and County may complete the deed exchanges associated with ,the Youth Center, Library, and Parking Garage properties. As can be seen, the current, unusual right-of-way configuration interrupts the continuity of the parcels. It appears from the records that the reason for the unusual shape of the Galena Street right-,of-way is due to historical reasons. The area is outside of the Original Aspen Townsite, and it was annexed into the City of Aspen in 1967 with the North Annexation. Annexation maps are not required by state statute to define internal property and right-of-way boundaries. The Galena Street right-of-way configuration shown on the attached map resulted from the areas not claimed by private land surveys. We request that City Council vacate both portions of the indicated Galena Street right- of-way to the City of Aspen, The vacated portions will then accrue to Lot 2 of the Rio Grande Subdivision, ' Sincerely, ~~ ...",,\\\UlmamllJi'<I! . ~"': I\1j0 REGI. il'4r:, ~ tS>~o.SE.... J'~..n'<'~_ ~ f...lcs 1)0~\..~ . Ii IIOO;r. ~~ fj .o'!'!' ct? '50. = l~ IlhC/. ~ ~64@ ., tin....:::: .01:"0 :II: eG .. l;">.lJj (J ,,8 A.." N' G~0Q0l!100CII r;}.~' ~ IOI\lAl t~ ~\\;f.$ 1I1IIIIIi.III\I\\\\'! L94.130 Chuck Roth, P.E. Engineering Department 130 SOU!H GALENA STREET. ASPEN, COLORADO 81611 . -PHONE 303.920.5088 . 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