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ORDINANCE NO. 24
(Series of 2007)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO
V ACA TE A PORTION OF DEAN STREET IN THE CITY OF ASPEN, PITKIN COUNTY,
COLORADO.
WHEREAS, the Aspen Land Fund II, LLC c/o Centurion Partners, LLC has petitioned the
City of Aspen to vacate a portion of Dean Street between E. Durant and Juan Streets between
Blocks 4 and 6, Eames Addition to the City of Aspen; and
WHEREAS, the right-of-ways or portions thereof proposed to be vacated are located
entirely within the corporate limits of the City of Aspen; and
WHEREAS, the Right-of-Way Vacation Plat and legal description, appended hereto as
Exhibit A has been reviewed by the Community Development Department and City Engineer and
they have made a determination that the exhibit complies in all respects with the City's Public
Rights-of-ways Vacation Policies and the land proposed to be vacated is eligible for vacation
pursuant to said policies; and
WHEREAS, the proposed vacation will not leave any land adjoining the same without a
means of access over an established public right-of-way connecting such lands to an established
public street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1.
That the portion of Dean Street between E. Durant and Juan Streets, described as Parcel 3
and Parcel 4, between Blocks 4 and 6, Eames Addition to the City of Aspen, and depicted on
Exhibit A appended hereto and by this reference incorporated herein, shall be, and the same hereby
is vacated subject to the conditions set forth below.
Ord. No. 24, Series of2007,
Page]
Section 2.
That the petitioners file a final street vacation map, suitable for recordation, with the
Community Development Department within 90 days of final approval of the vacation.
Section 3.
That ownership and title to the lands so vacated shall vest as provided in and by Section 43-
2-302. C.R.S.
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 Recorder.
Section 5.
That the City Engineer be and hereby is directed, upon the adoption of this ordinance, to
make all corrections necessary to the Official Map of the City of Aspen.
Section 6.
That if any section, subsection, sentence, clause, phrase or portion of this ordinance is for
any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision and shall not affect the validity of the
remaining portions thereof.
Section 7.
That this ordinance shall not have any effect on existing litigation and shall not operate as
an abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be construed and concluded under such prior
ordinances.
Ord. No. 24, Series of2007,
Page 2
A public hearing on the ordinance shall be held on June 25, 2007, 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 29th day of May, 2007.
Helen Kalin Klanderud, Mayor
A TIEST:
Kathryn S. Koch, City Clerk
FINALLY adopted, passed and approved this
day of
2007.
Michael C. Ireland, Mayor
ATIEST:
Kathryn S. Koch, City Clerk
Ord. No. 24, Series of 2007,
Page 3