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HomeMy WebLinkAboutordinance.council.023-88 ORDINANCE NO. ~ (Series of 1988) AN ORDINANCE VACATING A PORTION OF THE ALLEY OF BLOCK 25 AND 26 OF THE EAST ASPEN ADDITIONAL TOWNSITE AND CLEVELAND STREET CONTAINING APPROXIMATELY 2,843.07 SQUARE FEET ALL WITHIN THE CITY OF ASPEN, PITKIN COUNTY, COLORADO WHEREAS,the Applicants, 1000 East Hopkins Partnership, have requested that the City Council of the City of Aspen, Colorado (hereinafter "Council"), vacate a portion of the alley 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 the alley 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 alley right-of way, City of Aspen, Pitkin County, Colorado, shall be and hereby is vacated, to wit: A tract of land situated in the East Aspen Additional Townsite, City of Aspen, Colorado and being more fully described as follows: Beginning at the northwesterly corner of Lot S, Block 26 E.E.A.T., thence N14 50'49"E 21.01 ft. to the southwesterly corner of Lot I, said Block 26;thence S75 09' ll"E 135.32 ft. to the southeasterly corner of Lot A, Block 25 E.E.A.T. ;thence S14 50'49"W 21.01 ft to the northeasterly corner of Lot K said Block 25; thence N75 09'11"W 135.32 ft. to the point of beginning. 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 easement 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 across the vacated and adjacent parcels for utilities and trail purposes on the terms and conditions set forth therein. Section 4 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 Recorded. Section 5 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional 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 portion 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 continued and concluded under such prior ordinance. INTRODUCED, READ AND ORDERED published as provided by law of ~e City Council of the City of Aspen on the ~/-'~¥~ day of ~ 1988 William L. Stirling ATTEST-. Kathryn S. Koch, City Clerk Finally adopted, passed and approved this day of , 1988 William L. Stirling ATTEST: Kathryn S. Koch, City Clerk