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HomeMy WebLinkAboutordinance.council.006-86 ORDINANCE NO. (Series of 1986) AN ORDINANCE VACATING A PORTION OF THE FOURTH STREET RIGHT-OF-WAY CONTAINING APPROXIMATELY 130 SQUARE FEET ADJACENT TO 602 NORTH FOURTH STREET, ALL WITHIN THE CITY OF ASPEN, PITKIN COUNTY, COLO- RADO WHEREAS, the Applicants, Herman Edel and Margaret A. Edel, have requested that the City Council of the City of Aspen, Colorado (hereinafter "Council"), vacate a portion of the Fourth Sreet right-of-way adjacent to the boundaries of their property; and WHEREAS, the Applicants are the record owner of all lands which abut the portion of Fourth Street proposed to be vacated; and WHEREAS, the portion of the right-of-way thereof to be vacated is located entirely within the corporate limits of the City of Aspen, Colorado, and no part thereof forms the boundary of another city or town or county; and WHEREAS, Council has determined that in consequence of the vacation, the public use, convenience and necessity will no longer require the hereinafter described public property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the following described portion of the Fourth Street right-of-way, City of Aspen, Pitkin County, Colorado, shall be and hereby is vacated, to wit: A tract of land situated in the Fourth Street right-of-way and adjacent to that certain property described in Book 180 at Page 367 of the Pitkin County Records being more fully described as follows: Beginning at a point on the westerly boundary line of said property whence the southwesterly corner of said property bears S 00°08'00'' W 20.04 feet; thence S 89°50'06'' W 4.12 feet; thence N 00°09'54'' W 30.90 feet; thence N 89°50'06'' E 4.28 feet to the point of intersection with said westerly boundary line; thence S 00°08'00'' W 30.90 feet along said westerly boundary line to the point of beginning, containing 130.0 square feet, more or less. Section 2 That title to the lands so vacated shall vest as provided in and by C.R.S. Section 43-2-302. Section 3 This ordinance and the vacation described in Section 1 is conditioned upon and shall not become effective until that ease- ment agreement annexed hereto and made a part hereof is duly executed and recorded in the office of the Pitkin County Clerk and Recorder reserving unto the City an easement across the vacated parcel for utilities purposes on the terms and conditions set forth therein. Section 4 That the City Clerk be and hereby is directed, upon the adop- tion of this ordinance, to record a copy of this ordinance, in the office of the Pitkin County Clerk and Recorder. Section 5 If any section, subsection, sentence, clause, phrase or por- tion of this ordinance is for any reason held invalid or unconsti- 2 tutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining por- tions thereof. Section 6 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be con- tinued and concluded under such prior ordinance. Section 7 A public hearing on the ordinance shall be held on the~ day of _~~__~ , 1986, at 0100 Lone Pine Road, Aspen, Colorado. INTRODUCED, ._READ AND ORDERED published as provided by law of the City Council of the City of Aspen on the /d~AA'~day of A~TEST: FINALLY adopted, passed and approved this ~-~~ day of  , 1986. ~AT S : 6F 3