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HomeMy WebLinkAboutordinance.council.024-74RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~?/ (Series of 1974) AN ORDINANCE VACATING ANY PLATTED OR DESIGNATED PUBLIC STREETS, ALLEYS, LANES, PARKWAYS, AVENUES, ROADS OR OTHER PUBLIC WAYS WITHIN THAT TRACT KNOWN AS THE WOERNDLE ANNEXATION TO THE CITY OF ASPEN, COLORADO. WHEREAS, a Petition for Vacation has been submitted by Anton and Ilse Woerndle requesting vacation of all public ways in that tract con- sisting substantially of all of Lots 1 through 35, inclusive, of Block 18 in Riverside Addition, adja- cent to the City and Townsite of Aspen, and WHEREAS, said petition is made in conjunction with a petition for annexation, and a pending re- zoning and planned unit development and subdivision approval, and WHEREAS, the proposed development of the tract is in conflict with the roadways of record in said tract and the City Council wishes, upon completion of annexation proceedings, to vacate these roadways of record so as to permit the development as planned, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That, upon annexation to the City of Aspen and the effective date of this ordinance, all roadways, which term shall include any platted or designated public street, alley, lane, parkway, avenue, road or other public way, whether or not it has been used as such, within the following described tract shall be deemed vacated: RECORD OF PROCEEDINGS 100 Leaves A tract of land being part of Riverside Addition, Riverside Placer MS 3905 AM, containing all of Block 18, Riverside Addition lying Northeasterly of parcel conveyed to Colorado Department of High- ways, described as follows: Beginning at the most Southerly corner of Lot 22, Block 17, Riverside Addition being N 18010'40'' W 1628.57 feet from Cor. 1, MS 3905 AM Riverside Placer (1954 Brass Cap), Thence N 52°02' E 111.35 feet along the Southeasterly line of Lot 22, Block 17 to the Westerly side of an unnamed street, Thence N 02000' ~ 168.65 feet along the Westerly side of unnamed street to the Southwesterly right of way line of East Circuit Avenue, Thence S 34°21' E 28.07 feet along the Southwesterly line of East Circuit Avenue, Thence N 75°00' E 25.97 feet to the center line of East Circuit Avenue, Thence S 34°21' E 462.15 feet along the centerline of East Circuit Avenue, also being the Southwesterly line of Lots 1 and 2 Block 1 Aspen Grove Subdivision to the South Cor. Lot 1 Block 1 Aspen Grove Subdivision (No. 3 reinforced rod with aluminum cap), Thence S 34021' E 51.42 feet, Thence S 00000' 132.18 feet to a point on the Easterly line of Lot 14 Block 18, Riverside Addition, Thence on a curve to the right, radius of 250 feet, a distance of 231.84 feet along the Easterly line of Lots 14 thru 17 and Lot 35 Block 18, Riverside Addition Thence N 24°53' ~ 1.42 feet to SA 19, to Aspen City Annexation line, Thence N 24°53' W 299.0 feet to SA 20, along Aspen City Annexation line, Thence N 31003' W 46.6 feet to SA 21, along Aspen City Annexation line, Thence N 37°45' W 181.4 feet to SA 22, along Aspen City Annexation line, Thence N 50037' W 96.70 feet along Aspen City Annexation line, -2- RECORD OF PROCEEDINGS 100 Leaves Thence N 52°02' E 29.32 feet to the point of beginning containing 3.159 acres more or less The tract is also described as: Ail of Lots 1 thru 35 inclusive Block 18 in Riverside Addition, adjacent to.the City of and Townsite of Aspen, Pitkin County, Colorado, less a parcel of land containing approximately 0.835 acre conveyed to the Colorado Department of High- ways described in deed of conveyance recorded in Book 176 at page 369 of the record for Pitkin County, Colorado AND an irregular tract of land located in the Riverside Placer MS 3905 AM in the Northeast one-quarter of Section 18 T10S R84W 6 PM being more fully described as follows: Beginning at a point whence corner no. 14 of tract no. 2 of the Riverside Placer (as shown upon plat in Pitkin County Clerk and Recorders office bearing document no. 101425) bears N 30°47' W 30.00 feet, Thence S 34o00' E 180.00 feet, Thence N 65o45' W 105.00 feet, Thence N 02o00' W 125 beginning, containing more or less, and feet to the point of 0.18 acre of land Section 2 That upon the effective date of this ordinance, title to the lands included within the roadways herein vacated shall vest as provided by Section 120-14-2 of the Colorado Revised Statutes, 1963. Section 3 That there is hereby reserved, and excluded from vacation, all rights-of-way or easements for the continued use of existing sewer, gas, water or similar pipelines and appurtenances, and!for ditches or canals and appurtenances, and for electric, telephone, and similar lines and appurtenances; and any and all roadways or easements established bY dedication and acceptance of the same pursuant to subdivision approval given to the above described tract. -3- RECORD OF PROCEEDINGS 100 Leaves Section 4 If any provision of this ordinance or the appli- cation thereof to any person or circumstance is held invalid, such invalidity shall not affect other pro- visions or applications of the ordinance which can be given effect without the invalid provisions or appli- cations and to this end the provisions or applications of this ordinance are declared to be severable. Section 5 A public hearing on this ordinance shall be held on ,,~, ,~_ , ~l , 1974, at .%~'~ P.M. in ity uncil Chambers, City Hall, Aspen, Colorado. iNTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of ATTEST: ~ City Clerk the City of Aspen, Colorado, · 1974. ~ataCy S t~dley~ day of ATTEST: FINALLY ADOPTED, City Clerk PASSED AND APPROVED this 1974. STATE OF COLORADO) ) ss CERTIFICATE COUNTY OF PITKIN ) I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on June 24 , 197 4 , and published in the Aspen Times a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of ..June 27 , 197 4, and was finally adopted and approved at a regular meeting of the City Council on July 22 published as Ordinance No. 24 said City, as provided by law. IN WITNESS WHEREOF, I have hereunto seal of said City of Aspen, Colorado, day of July . . _, 1974 , 1974, and ordered , Series of 1974_, of set my hand and this 23rd the SEAL _./~' C ..... / ~,l~-~t~f~ ~.~-~orralne Graves, Czty Clerk