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HomeMy WebLinkAboutordinance.council.059-75RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 57 (Series of 1975) AN ORDINANCE VACATING ALL OF THE PLATTED ALLEYWAY LYING IN AND BE- TWEEN BLOCK 92, CITY AND TOWNSITE OF ASPEN, AND BLOCK 19, EAST ASPEN ADDITIONAL TOWNSITE (LYING WESTERLY OF A NORTHERLY EXTENSION OF THE EAST LINE OF LOT 13~ EAST ASPEN ADDITION) SAID VACATION BE- ING PURSUANT TO SECTION 43'2-301, ET SEQ, C.R.S. 1973, AND BEING CONDITIONED ON RESERVATION OF RIGHT-OF-WAY FOR UTILITY LOCATION AND MAINTENANCE OF PUBLIC ACCESS TO LOTS ADJOINING THE VACATED PORTIONS OF THE ALLEYWAY. WHEREAS, the Board of County commissioners of Pitkin County, Colorado, have by instrument dated August 19, 1975, petitioned for the vacation of the alleyway adjacent to the Pitkin County Courthouse, and WHEREAS, said document itemized certain concessions offered in support of the petition and the City Council, while agreeable to the vacation, wishes additional assurances, and to condition any vac- ation on compliance therewith, NOW, THEREFORE, BE IT oRDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the platted alley located within Block 92, City and Townsite of Aspen, colorado, be, on the effective date of this ordinance, vacated, and all right, title or interest of the City of Aspen in and to such roadway be divested as of such date, except as specified herein or otherwise provided by law. Section 2 That the platted alley located within Block 19, East Aspen Additional Townsite and lying westerly of a northerly extension of the east line of Lot 13, East Aspen Additional Townsite, be, on the effective date of this ordinance, vacated, and all right, title or RECORD OF PROCEEDINGS 100 Leaves interest of the City of Aspen in and to such roadway be divested as of such date, except as specified herein or otherwise provided by law. Section 3 The City of Aspen does reserve all right-of-way and ease- ment necessary for the continued use of existing sewer, gas, water or similar pipelines and appurtenances, for ditches or canals and appurten- ances, and for electric, telephone and similar lines and appurtenances. Section 4 The vacation of the above-described roadway is conditioned upon the construction, public dedication and maintenance by Pitkin County of an adequate roadway to service the needs of the property presently owned by the RBH Joint Venture and more particularly describ- ed as: Lots Q and R and the westerly 7.5 feet of Lot S, Block 92, City and Townsite of Aspen; and Lots 11, 12 and the westerly 7.5 feet of Lot 10, Block 19, East Aspen Addition to the city. Such roadway shall connect the above-described tract with an established public road other than Main Street (Highway 82), and provide access in addition to any access to the site existing by reason of frontage of the property on Main Street. Section 5 The City further reserves a perpetual easement for the pur- pose of excavating for, constructing, installing, maintaining, inspect- ing, repairing, replacing and operating underground utilities, together with necessary and reasonable access for equipment and personnel from an adjacent public right-of-way, if any, otherwise by such route as shall occasion the least practicable damage and inconvenience to adjoining property owners. In the event the City shall receive a re- quest by any other utility company to occupy the easement reserved, the City is authorized to permit joint use of the alley by these -2- RECORD OF PROCEEDINGS 100 Leaves companies under the same conditions and limitations on use imposed (if any) on the City. It is stipulated that all those exercising the right of easement herein reserved, except the City, after placing or replacing utilities or after any other activity affecting terrain, shall regrade, resod, or revegetate the property so affected within a reasonable time and to the reasonable satisfaction of Pitkin County. To insure the availability of the vacated right-of-way for utility location, Pitkin County agrees that it shall not erect or permit to be erected any improvement on the vacated right-of-way (except land- scaping) unless the same shall first be approved by the Aspen City Council. Section 6 All the foregoing reservations, restrictions and conditions of vacation shall be covenants running with the roadway vacated, bind- ing upon the Board of County Commissioners, their successors and assigns. Section 7 If any provision of this ordinance or the application there- of to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the oridnance which can be given effect without the invalid provisions or applications, and to this end the provisions or applications of this ordinance are declared to be severable. Section 8 A public hearing on this ordinance shall be held on the ~ day of ~, 1975, at 5:00 P,M. in the City Council Chambers, Aspen city Hall, Aspen, colorado. INTRODUCED, READ AND ORDERED published as provided by law by the city Council of the City of Aspen at its regular meeting held 1975. ATTEST: fKkTHRYN ~UTER, CITY CLERK RECORD OF PROCEEDINGS 100 Leaves 197~. ATTEST: H~, CITY CLERK FINALLY ADOPTED AND APPROVED ON RECORD OF. PROCEEDINGS 100 Leaves STATE OF COLORADO ) ) cOUNTY OF PITKIN ) ss. CERTIFICATE I, Kathryn S. Hauter, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~&~_~.~ ... reading at a regular meeting of the City Councl of the City of Aspen o~ ~~J~ .-' 197__~ and published in the Aspen Times, a weekly newspaper of general circulation, published in the City of Aspen, and was finally adopted and approved at a regular meeting and o~dered published as Ordinance No. ~ ., Series of 19~5__~ of said City, as provided by law. WITNESS WHEREOF, I have hereunto set my.hand and the seal of said City of Aspen, Colorado, this ~ day of , 197~. Kathr~Fn S. Hauter City Clerk