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HomeMy WebLinkAboutordinance.council.001-57Recorded at10:32 AM May 26, 1972 Reception No. 151828 Peggy E. Miklich Recorder ~cJ~' ; f ~.~ i~$~L~/~.~ .... ORDINANCE NO._~____ (Series of 1957-} AN ORDINANCE VACATING A PORTION OF EIGHTH STREET, A PORTION OF ~EST BLEEKER STREET, THE ALLEY IN BLOCK 6, THE ALLEY IN BLOCK ~, ~D THE ALL~£ IN BLOCK ll, ALL IN THE CITY OF ASPEN, COLO- RADO, SUBJECT TO UTILITY EASE~NT RESERVATIONS. WHEREAS, the following platted alleys mad portions of streets lying within the City and Townsite of Aspen have for a long period of time not been used by the public, to-wit: All that part of Eighth Street in the City of Aspen from its intersection with the southerly line of Hallam Street thence sourtherly to its intersec- tion with the northerly line of Bleeker Street, in the City and Townsite of Aspen; All that part of Bleeker Street in the City of Aspen from its intersection with the westerly line of Eighth Street thence westerly to the westerly boundary of the City ~d Townsite of Aspen; All alleys being within th~ exterior boundaries of Blocks 6, ~, and ll, in the Uity ~d Townsite of Aspen; and, ~!EREAS, the property abutting said above described streets and alleys is all under common ownership, and vacation thereof will not deprive any person of access to his property. WHEREAS, if the said streets and alleys be vacated, substantial improvements can be constructed and thereby increase the taxable value of the real estate; and ?~EREAS, the vacation of said streets and alleys will be otherwise in the public interest; now, therefore: BE IT ORDAINED BY T~ CITY COUNCIL OF THE CIT~ OF ASPEN: Section One: That all that part o£ Eighth Street in the City of Aspen from its intersection with the southerly line of Hallam Street thence southerly to its intersection ~fth the northerly line of Bleeker Street, in the City and Town slte of Aspen, shall be, and the same hereby is, vacated as a public street. Section Two: That all that part of Bleeker Street in the City of Aspen from its intersection with the westerly line of Eighth Street thence westerly to the westerly boundary of the City and Townsite of Aspen shall be, and the S~me hereby is, va- cated as a public street. Section Three: All alleys being within the exterior boundaries' 'of' ~lbcks O, ~, and 11, City and Townsite of Aspen, shall be, and the same hereby are, vacated. Section Four: There is expressly reserved from the above vacation of streets and alleys an easement for the use, operation aa d maintenance of public utilities to be placed underground and above surfac~, including, but not exclusively, power and telephone lines, water lines, gas mains, sewer mains and other utility ease- ments of a like nature, but excluding roads and surface easements, upon and subject to the following terms and conditions which shall consitute covenants running with the land and the use, by abutting land owners, of Shy portion of the said streets and alleys hereby vacated shall be c~nclusively presumed to constitute acceptance hereof: 1. That the City and its successors, and those who now hold or may hereafter be granted franchises requiring easements in streets and alleys Bhall have the right to enter upon such premises for the purposes enmmerated in con~ ction with such easement reservations. 2. That such reservations of easements shall not be deemed or construed to prevent or interfere with the free and uninterrupted use of the vacated streets and alleys or the land abbutting thereon, provided the ov~er thereof, his successors, heirs, and assigns, shall comply with the following conditions; Not less than thirty (~) days notice iD writing shall be given to the landowner of record before construction or in- stallation is commenced on any of such utilities, whereupon the landov~ner can cause such utilities to be routed along a course that will avoid present or comtemplated structures or improvements by delivering to the City an easement therefor along the most direct, practicable route that v~ll avoid such improvements and structures, and upon tendering to the City the amount of money established by the City's engineer, or in event of disagreement by the City Council, resulting from the change in location of such easement or easements as compensa- tion to the utility affected, and also, in the event at the time of construction, any of such utility easement~ structures or improvements shall be located upon vacated streets or alleys that will cause substantial interference with such easements, then the same may bo routed and placed over the most direct, practicable route that ~,~ll avoid such structures or improve- ments, either upon the said streets and alleys or upon abuttiDg property, and the !ando~wner shall pay the added cost occasioned thereby upon completion of such easements. .S.ection F~ve. Nothing ~ this ordinance shall be construed to affect or interfere with easements or rights of way for ditches as now constructed and in use over~rough and accross said streets and alleys. Section Six: An emergency is declared to exist a~ d the immediate passage of this Ordinance is necossary for the public peace, health and safety of the inhabitants of the City of ~spen, Colorado, and this O~dinance shall be in full force and effect five (~) days after its final publication. ~ I~TROD~CED, READ g.~D ORDER~ published th ay -~. ~. ,~ . . Bity CIorR Finally adopted ~d approved this ,,~"0,. ~day of  , 1957. / t / MAYOH '.Y.:::~':~:'~.,::":~:;' I Ethel M. Frost, City Clerk of the City of Aspen, :'!.,~.t~:!~et~e'rado, do hereby certify that the foregoing Ordinance was in- '.i~Oduced and read at.~ regular~m~eetir~ of the City Council of said City held on the /~day of //~Y~ , 1957, and by order of the said City Council was published as a proposed ordinance as the law directs, and for more than ten !10) days prior to i~ passage in the Aspen Times, legal Newspaper, and that on the~J~day of ~/ , 1957, the said proposed Ordinance wa? read and Rassed by the City Council aforesaid, the said meetzn~ of said Oity Council being a regular meeting and ordered publmshed in the aforesaid newspaper as the law directs. WITNESS m~zhand and fli~i~cial seal of the City of Aspen, ,Colorado, this ~,~y of ._~_~, 1957. :,~: 'i -3-