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HomeMy WebLinkAboutordinance.council.033-03ORDINANCE NO. 33 (SERIES OF 2003) AN ORDINANCE OF THE ASPEN CITY COUNCIL VACATING THE ALLEY LOCATED IN BLOCK 11, EAMES ADDITION, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. WHEREAS, a petition to vacate the unopened alley located in Block 11, Eames Addition, to the City and Townsite of Aspen has been filed by record owner of certain lands which abut the alley petitioned to be vacated; and, WHEREAS, the alley petitioned to be vacated is located entirely within the corporate limits of the City of Aspen; and, WHEREAS, the vacation petition has been reviewed by the City Engineer and a determination made that the petition complies in all respects with the City's Public Right- of-ways Vacation Policies and the land petitioned 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 petitioners have satisfied or performed all conditions and requirements ~mposed by the City Engineer in connection with the requested vacation; and, WHEREAS, the City Council has determined that the public use, convenience and necessity will no longer require the hereinafier described public right-of-way. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO THAT: Section 1 The alleyway within Block 11, of the Eames Addition, City and Townsite of Aspen, Pitkin County, Colorado, as more specifically depicted on the map attached hereto and made pan hereof as Exhibit "A", shall be, and the same h~eby is vacated with the following condition: The Applicant shall grant an access and utility easement to the City of Aspen that encompasses the entire width and length of the currem alleyway for the purpose of allowing for installation and maintenance of underground utilities and emergency mgress and egress for the South Aspen Street Subdivision/PUD. Section 2 The ownership and title to the lands so vacated shall vest as provided in and by Section 43- 2-302. C.R.S. Section 3: 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: 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 of the ordinance shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaiTling portions thereof. Section 5: This ordinance shall not have any affect 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 28th day of July, 2003, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, 'by the City Council of the City of Aspen On the 23rd day of June, 20032 Clerk FINALLY, adopted, passed and approved by a vote of three to zero (3-0), this 28th day of July 2003. Page: 2 of 3 08/04/2003 II:50A Attest: Approved as to form: John P. Worcester, City Attorney ,] LE~.£ND See Sheet 1 for Notes, Proper.ty ~scriptions, etc.