HomeMy WebLinkAboutordinance.council.059-75RECORD OF PROCEEDINGS
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ORDINANCE NO. 57
(Series of 1975)
AN ORDINANCE VACATING ALL OF THE PLATTED ALLEYWAY LYING IN AND BE-
TWEEN BLOCK 92, CITY AND TOWNSITE OF ASPEN, AND BLOCK 19, EAST
ASPEN ADDITIONAL TOWNSITE (LYING WESTERLY OF A NORTHERLY EXTENSION
OF THE EAST LINE OF LOT 13~ EAST ASPEN ADDITION) SAID VACATION BE-
ING PURSUANT TO SECTION 43'2-301, ET SEQ, C.R.S. 1973, AND BEING
CONDITIONED ON RESERVATION OF RIGHT-OF-WAY FOR UTILITY LOCATION AND
MAINTENANCE OF PUBLIC ACCESS TO LOTS ADJOINING THE VACATED PORTIONS
OF THE ALLEYWAY.
WHEREAS, the Board of County commissioners of Pitkin County,
Colorado, have by instrument dated August 19, 1975, petitioned for
the vacation of the alleyway adjacent to the Pitkin County Courthouse,
and
WHEREAS, said document itemized certain concessions offered
in support of the petition and the City Council, while agreeable to
the vacation, wishes additional assurances, and to condition any vac-
ation on compliance therewith,
NOW, THEREFORE, BE IT oRDAINED BY THE CITY COUNCIL OF THE
CITY OF ASPEN, COLORADO:
Section 1
That the platted alley located within Block 92, City and
Townsite of Aspen, colorado, be, on the effective date of this
ordinance, vacated, and all right, title or interest of the City of
Aspen in and to such roadway be divested as of such date, except as
specified herein or otherwise provided by law.
Section 2
That the platted alley located within Block 19, East Aspen
Additional Townsite and lying westerly of a northerly extension of
the east line of Lot 13, East Aspen Additional Townsite, be, on the
effective date of this ordinance, vacated, and all right, title or
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interest of the City of Aspen in and to such roadway be divested as
of such date, except as specified herein or otherwise provided by
law.
Section 3
The City of Aspen does reserve all right-of-way and ease-
ment necessary for the continued use of existing sewer, gas, water or
similar pipelines and appurtenances, for ditches or canals and appurten-
ances, and for electric, telephone and similar lines and appurtenances.
Section 4
The vacation of the above-described roadway is conditioned
upon the construction, public dedication and maintenance by Pitkin
County of an adequate roadway to service the needs of the property
presently owned by the RBH Joint Venture and more particularly describ-
ed as:
Lots Q and R and the westerly 7.5 feet of Lot S,
Block 92, City and Townsite of Aspen; and Lots 11,
12 and the westerly 7.5 feet of Lot 10, Block 19,
East Aspen Addition to the city.
Such roadway shall connect the above-described tract with an established
public road other than Main Street (Highway 82), and provide access in
addition to any access to the site existing by reason of frontage of the
property on Main Street.
Section 5
The City further reserves a perpetual easement for the pur-
pose of excavating for, constructing, installing, maintaining, inspect-
ing, repairing, replacing and operating underground utilities, together
with necessary and reasonable access for equipment and personnel from
an adjacent public right-of-way, if any, otherwise by such route as
shall occasion the least practicable damage and inconvenience to
adjoining property owners. In the event the City shall receive a re-
quest by any other utility company to occupy the easement reserved,
the City is authorized to permit joint use of the alley by these
-2-
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companies under the same conditions and limitations on use imposed (if
any) on the City. It is stipulated that all those exercising the
right of easement herein reserved, except the City, after placing or
replacing utilities or after any other activity affecting terrain,
shall regrade, resod, or revegetate the property so affected within a
reasonable time and to the reasonable satisfaction of Pitkin County.
To insure the availability of the vacated right-of-way for utility
location, Pitkin County agrees that it shall not erect or permit to
be erected any improvement on the vacated right-of-way (except land-
scaping) unless the same shall first be approved by the Aspen City
Council.
Section 6
All the foregoing reservations, restrictions and conditions
of vacation shall be covenants running with the roadway vacated, bind-
ing upon the Board of County Commissioners, their successors and assigns.
Section 7
If any provision of this ordinance or the application there-
of to any person or circumstance is held invalid, such invalidity shall
not affect other provisions or applications of the oridnance which can
be given effect without the invalid provisions or applications, and to
this end the provisions or applications of this ordinance are declared
to be severable.
Section 8
A public hearing on this ordinance shall be held on the
~ day of ~, 1975, at 5:00 P,M. 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 at its regular meeting held
1975.
ATTEST:
fKkTHRYN ~UTER, CITY CLERK
RECORD OF PROCEEDINGS
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197~.
ATTEST:
H~, CITY CLERK
FINALLY ADOPTED AND APPROVED ON
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STATE OF COLORADO )
)
cOUNTY OF PITKIN )
ss. CERTIFICATE
I, Kathryn S. Hauter, City Clerk of Aspen,
Colorado, do hereby certify that the above and foregoing
ordinance was introduced, read in full, and passed on
~&~_~.~ ... reading at a regular meeting of the
City Councl of the City of Aspen o~ ~~J~ .-'
197__~ and published in the Aspen Times, a weekly newspaper
of general circulation, published in the City of Aspen,
and was finally adopted and approved at a regular meeting
and o~dered published as Ordinance No. ~ ., Series of
19~5__~ of said City, as provided by law.
WITNESS WHEREOF, I have hereunto set my.hand
and the seal of said City of Aspen, Colorado, this ~
day of , 197~.
Kathr~Fn S. Hauter
City Clerk