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HomeMy WebLinkAboutordinance.council.014-85 ORDINANCE NO. /0 (Series of 1985) -~ oz -~. AN ORDINANCE VACATING THOSE ~RTIONS OF DEAN STREET LYING BETWEEN SOUTH GALENA STREET AND MILL STREET AND BETWEEN MILL STREET AND MONARCH STREET, ALL OF ~WN STREET, A 4,692 SQUARE FOOT ~RTION OF SOUTH GALENA STREET, AND TWO (2) PORTIONS OF MILL STREET CONTAINING 2,685 SQUARE FEET AND 1,065 SQUARE FEET, RESPECTIVELY, ALL WITHIN THE CITY OF ASPEN, PITKIN CO~TY, COLORA~. WHEREAS, the Applicants for the Aspen Mountain P.U.D. Subdi- vision have requested that the City Council of the City of Aspen, Colorado, vacate certain streets or portions thereof situated within or adjacent to the boundaries of said Subdivision; and WHEREAS, Mountain Chalet Enterprises, Inc. has consented to such request for vacation as it applies to the portion of Dean Street lying adjacent to Lots E, F, G, H and I, Block 84, City of Aspen; and WHEREAS, the Applicants and Mountain Chalet Enterprises, Inc. are the record owners of all lands which abut the streets or portions thereof which are to be vacated; and WHEREAS, the streets or portions thereof to be vacated are 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 any county; and WHEREAS, the requested vacations will not leave any land adjoining the same without an established public street con- necting said land with another established public street; and 488 WHEREAS, the Applicants have satisfied or performed all conditions and requirements impose~ by the City Council in con- nection with the requested vacations, and the City Council has determined that in consequence the public use, convenience and necessity will no longer require the hereinafter described public streets or portions thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That those portions of Dean Street lying between South Galena Street and Mill Street, and between Mill Street and Monarch Street, City of Aspen, Pitkin County, Colorado, shall be and hereby are vacated. Section 2 That all of Lawn Street lying easterly of Monarch Street, City of Aspen, Pitkin County, Colorado, shall be and hereby is vacated. Section 3 That the following-described portion of South Galena Street, City of Aspen, Pitkin County, Colorado, shall be and hereby is vacated, to wit: BEGINNING AT A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SO. GALENA STREET WHENCE THE NORTHEASTERLY CORNER OF BLOCK 91, CITY OF ASPEN BEARS N 14o50'49" E 250.00 FEET; THENCE 39.19 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 47.62 FEET; THENCE S 62°00'00" W 44.99 FEET; --2-- THENCE 124.68 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 151.99 FEET TO THE POINT OF INTERSECTION WITH SAID WESTERLY R.O.W. LINE; THENCE THE FOLLOWING COURSES AND DISTANCES ALONG SAID R.O.W. LINE: N 15°00'00'' E 81.02 FEET, 115.94 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 91.00 FEET, 16.39 FEET ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 30.00 FEET, S 75°09'11'' E 18.36 FEET TO THE POINT OF BEGINNING, CONTAINING 4692 SQUARE FEET, MORE OR LESS. Section 4 That the following described two (2) portions of Mill Street, City of Aspen, Pitkin County, Colorado, shall be and hereby are vacated, to wit: (a) BEGINNING AT A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH MILL STREET WHENCE THE SOUTHEASTERLY CORNER OF THE ASPEN INN APARTMENT CONDOMINIUMS PROPERTY BEARS N 14°51'00" E 272.13 FEET; THENCE S 74°55'00" E 42.92 FEET TO THE EASTERLY R.O.W. LINE OF SAID MILL STREET; THENCE S 15005'00'' W 50.11 FEET; THENCE S 45~00'00'' W 16.53 FEET; THENCE N 73°40'00'' W 34.43 FEET TO THE POINT OF INTERSECTION WITH SAID WESTERLY R.O.W. LINE; THENCE ALONG SAID WESTERLY R.O.W. LINE N 14°51'00" E 63.69 FEET TO THE POINT OF BEGINNING, CONTAINING 2685 SQUARE FEET, MORE OR LESS. (b) BEGINNING AT A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SOUTH MILL STREET WHENCE THE NORTHEASTERLY CORNER OF BLOCK 84, CITY OF ASPEN BEARS N 14~50'49'' E 125.00 FEET; THENCE DEPARTING SAID R.O.W. LINE S 75~09'11" E 4.23 FEET; THENCE S 14~50'49'' W 407.26 FEET; THENCE N 75~00'00'' W 1.00 FEET TO THE POINT OF INTERSECTION WITH SAID R.O.W. LINE; THENCE ALONG SAID R.O.W. LINE N 14~23'33'' E 407.27 FEET TO THE POINT OF BEGINNING, CONTAINING 1065 SQUARE FEET, MORE OR LESS. -3- Section 5 That title to the lands so vacated shall vest as provided in and by Section 43-2-302, C.RoS. 1973. Section 6 That there are hereby reserved by and to the City of Aspen, Colorado, over, across and under the areas so vacated, rights-of- way or easements for sewer, gas, water or similar pipelines and appurtenances, and for electric, telephone, cable and similar lines and appurtenances, as now exist or by the City Council may be deemed necessary in the future for such purposes, provided that all such utility lines which may be installed in future shall be placed underground, and further provided that the owner from time to time of the areas so vacated shall have the right to relocate any such utility lines to new alignments within or with- out the vacated areas at the owner's cost and expense, so long as the affected utility company is satisfied with the new alignment and an adequate easement therefor is provided by the owner. Section 7 That there is hereby reserved by and to the City of Aspen, Colorado, over and across those portions of Dean Street vacated hereby as are actually utilized by the owner thereof for private vehicular circulation purposes (the "roadway"), the right at all times to use such roadway for public emergency vehicles (fire trucks, etc.), and the right to divert public vehicular traffic -4- over such roadway during any emergency situations in which neigh- boring public streets are temporarily closed or severely restricted. Section 8 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 9 If any section, subsection, sentence, clause, phrase or por- tion of this ordinance is for any reason held invalid or uncon- stitutional 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 portions thereof. Section 10 A public hearing on the ordinance shall be held on the ~z~f- day of ~ , 1985, 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 on the ~L~day of , 1985. Koch, City Clerk FINALLY adopted, passed and approved on this /~ day of William Stifling, Mayor ~ City Clerk -6- RECORD OF PROCEEDINGS 100 Leaves STATE OF COLORADO CERTIFICATE COUNTY OF PITKIN I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on first reading at a regular meeting of the City Council of the City of Aspen on , 1985, and published in the A_~LeD Time~, a weekly newspaper of general circulation~published in the City of Aspen,Colorado, in its issue o .. 1985, and was finally adopted agd approved at a regular meeting of the City Council on 7~.n __/~ , 1985, and ordered published as Ordinance No~ ~_~, Series of 1985, of said City as provided by !a~.~. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of Aspen, Colorado. this ~ day of of~ty,_ 1985. ? kathryn S.~och, C~ty Clerk SEAL Depu'ty C~y-Clerk '