HomeMy WebLinkAboutordinance.council.002-59ORDINANCE NO.~
(Series of 1959)
AN ORDINANCE VACATING A PORTION OF THE ALLEY IN BLOCK 101, ALL IN
THE CITY OF ASPEN, COLORADO, SUBJECT TO RESERVATIONS FOR UTILITY
EAS~ENTS, ,AND DECLARING AN EMERGENCY TO EXIST.
WHEREAS, the owner of Lots A, ~ C, D, E, F, G, and
L, M, N and O, of Block 101, City and Townsite of Aspen, situate
in Pitkin County, Colorado, bas by written petition requested that
the platted alley lying between said lots in Block 101 be vacated;
and
WHEREAS, all of the property abutting said alley as
described in said petition is under common ownership and vacation
thereof will not deprive any person of access to bis property; and
WHEREAS, if the oortion of said alley be vacated, sub-
stantial improvements can ~nd will be constructed and thereby
substantially increase the taxable value of the real estate; and
~,~{EREAS, the vacation of said alley will be in the public
interest;
NOW, THEREFORE, ~E IT ORDAINED BY THE CITY COUNCIL OF
CITY OF ASPEN, COLOI~DO:
SECTION ONE: That al! that portion of the ailey as
~!atted lying and situate between Lots A, B, C, D, E, F, G,
and ~!, L, b~, N, O, P and Q, in ~iock ].~l, City and ?ownsite
of Aspen, Pitkin County, Colorado, snail be, and th~ same
hereby is, vacated as a oubJ_ic alley, subject to the te..~ns
and conditions as herein orovidad.
SgC?ICN 'll~O: Tbero is expras~iy r-~sarxad fxom the above
vacat'ion of said alley an easement for tNe use, operation and
maintenance of public utilities to be plated underground and
above surface, including, but not exclusively, power and teie-
~ho~e lines, water lines, gas mains, sewer mains and other
utility easements of a Like nature, Nut t~xcludin~ roads
s~}-lac~ easements~ u~on arid sut]ect to the foiiowinS
a~!{l copditioms wilier, s~]ali constitut~l so~..e~ants ~%mnins wit'.]
the land and the use, ils abutting land owners of any --~ortion
of the said alley ~ere~y vacated si~all be conclusively
s~m~ed to constit~b" acceptance
io ~N,at th~ City and its successors, and those who now
hold or may Nar~after be granted francbi~ requiring easeraents
in streets and alleys shall have the right to enter upon such
premises fo~ the pnrposes enumerated in ~onnection with such
easement reservations.
2o 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 abutting thereon, provided the owner thereof, his
successors, heirs, and assigns, shall comply with the fol-
lowing conditions:
Not less than thirty (30) days notice in writing shall
be given to the landovmer of record before construction or
installation is commenced on any of such utilities, where-
upon the landowner can cause such utilities to be routed
along a course that will avoid present or contemplated
stn~ctures or improvements by delivering to the City an
easement therefor along the most direct, practicable route
that will 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 cbange in location of such
easement or easements as compensation to the utility affected,
and also, in the event at the time of construction, any of
such utility easements, structures or improvements shall be
located upon vacated portion of the alley that will cause
substantial interference with such easements, then the same
may be routed and placed over the most direct, practicable
route that will avoid such structures or improvements,
eitber upon the said streets and alleys or upon abutting
property, and the landowner shall pay the added cost occasioned
thereby upon completion of such easements~
SECTION THREE: An emergency is declared to exist and the
immediate passage of this Ordinance is necessary for the public
peace, health and safety of the inhabitants of tbe City of Aspen,
Colorado, and this Ordinance shall be in full force and effect
five (5) days after its final publication°
~ INTRODUCED, READ AND ORDERED published th~s / day
°f 5~-/~' ' 1959' /./,~
MAYOR
ATTEST,: ~
' · C ITY--CLERK
FINALLY adopted and approved this
day of
,1959.
ATTEST:
MAYOR
CITY CLERK
- 3 ~
I, ETHEL M. FROST, City Clerk of the City of Aspen,
Colorado, do hereby certify that the foregoing Ordinance was in-
troduced and read at a regular meeting of the City Council of
said City held on the day of , 1959, and by
order of the said City Council was published as a proposed ordinance
as the law directs, and for more titan ten ti0) day~rior to its
passage, in tl~e Aspen Times, a l~ai ne~spaper; and that on t~e
day of , i959, the said proposed Ordinance
was read and oassed by the City Council aforesaid, the said
meeting of sa~d City Council being a regular meeting and ordered
published in the aforesaid newspaper as the law directs.
WITNESS my hand and official seal o~ _~,e C~ty of Asoen,
Colorado, tI~is day of , 1959o
CITY CLERK