HomeMy WebLinkAboutordinance.council.037-06
ORDINANCE NO.~
(Series of 2(06)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO
VACATE A PORTION OF DEAN STREET IN THE CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
WHEREAS, the Lift One Condominium Association have petitioned the City of Aspen to
vacate a portion of Dean Street between E. Durant and Juan Streets between Block 4 and 6 in the
City of Aspen; and
WHEREAS, the right-of-ways or portions thereof proposed to be vacated are located
entirely within the corporate limits of the City of Aspen; and
WHEREAS, the Right-of-Way Vacation Plat and legal description, appended hereto as
Exhibit A has been reviewed by the Community Development Department and City Engineer and
they have made a determination that the exhibit complies in all respects with the City's Public
Rights-of-ways Vacation Policies and the land proposed 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section I.
That the portion of Dean Street between E. Durant and Juan Streets between Blocks 4 and
6 described and depicted on Exhibit A appended hereto and by this reference incorporated herein,
shall be, and the same hereby is vacated subject to the conditions set forth below.
Section 2.
That ownership and title to the lands so vacated shall vest as provided in and by Section
43-2-302. C.R. S.
Section 3.
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 4.
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 5.
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 6.
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
2
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 / fday of l~06,
in the City Council Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUB
Council of the City of Aspen on the t.~ay of
SHED as provided by law by the City
,2006.
ATTEST:
'd-v-.
. 11<- .
FINALL Y adopted, passed and approved this 11.- da 0
2006.
JPW- saved: 8/22/2006-508-G:\iohn\word\ords\vacation_Dean Street.doc
3