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O-2002-33
AN ORDINANCE
ORDINANCE TO VACATE STREET AND ALLEY RIGHTS OF WAY WITHIN OR ADJACENT TO BLOCK 37, PLAT OF LAKEWOOD WITHIN THE SOUTHEAST ¼, SOUTHEAST ¼, NORTHEAST ¼, SECTION 2, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO, FURTHER DECLARING AN EMERGENCY
WHEREAS, the Plat of Lakewood as recorded in Plat Book 1 at Page 39 and re-platted in Plat Book 2 at Pages 14 and 15 platted the northwest ¼ of Section 1 and the north ½ of Section 2 into lots, blocks, streets, alleys and parks in 1888; and,
WHEREAS, Block 37 was subsequently developed with single family residences; and,
WHEREAS, portions of the currently developed lots extend across rights-of-way that were originally platted in 1888; and,
WHEREAS, no evidence has been found indicating that these rights of way have ever been vacated; and,
WHEREAS, none of the rights of way proposed to be developed are presently being used to access properties in this vicinity; and,
WHEREAS, 12th Avenue and a separate private road that is identified and dedicated in Plat Book 2589 at Page 171 (presently referred to as 11th Ave.), provide access to the properties in the immediate vicinity; and
WHEREAS, the City of Lakewood desires to vacate the rights of way described in attached Exhibit A while maintaining all access rights which were dedicated by Plat Book 2589 at Page 171.
NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Lakewood, Colorado, that:
SECTION 1. Pursuant to Title 43, Article 2, Colorado Revised Statutes, upon a finding that the described area is no longer necessary for use by the public and that no land would by a vacation be left without an established public road connecting same with another established public road, the property described in the legal description attached hereto as EXHIBIT A be and the same is hereby vacated.
SECTION 2. Any right of way established by plat or separate instrument other than those created by the Plat of Lakewood, which were recorded in Plat Book1 at Page 39 or in Plat Book 2 at Pages 14 and 15 shall be unaffected by this vacation, regardless of any potential overlap of right of way dedications.
SECTION 3. Emergency. This ordinance is necessary for the immediate preservation of the City of Lakewood's peace, health and safety. The platted rights of way are in conflict with private improvements and ownership of the areas described in Exhibit A is in dispute.
I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 9th day of September, 2002; published in full in the Lakewood Sentinel on the 12th day of September, 2002; set for public hearing on the 14th day of October, 2002; read, finally passed and adopted by the City Council on the 14th day of October, 2002; and signed and approved by the Mayor on the 15th day of October, 2002.
Stephen A. Burkholder, Mayor
ATTEST:
Margy Greer, City Clerk
Approved as to form:
City Attorney
EXHIBIT A
STREET AND ALLEY RIGHTS OF WAY WITHIN OR ADJACENT TO BLOCK 37, PLAT OF LAKEWOOD WITHIN THE SOUTHEAST ¼, SOUTHEAST ¼, NORTHEAST ¼, SECTION 2, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF LAKEWOOD, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
That alley fully contained within Block 37, said Plat of Lakewood; and,
That alley located south of Block 37 and North of the Block labeled "Park", said Plat of Lakewood; and,
That part of Quay Street (originally platted as Ninth St.) between Blocks 36
and 37, extending north from the north boundary of the Block labeled "Park"
to the south right of way line of 12th Avenue (originally platted as Park Avenue,
said Plat of Lakewood.
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