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HomeMy WebLinkAbout1958 Ordinance No. 026' \. . " BY AUT HOR I TY ORDINANCE NO . 26 SER I ES OF 1958 AN ORD I NANCE VACAT I NG P ARTS OF CERT AIN ALLEYS IN BL~KS 3 AND 4 , BI RCH'S ADD I T I ON TO S OUTH BllOADWA Y HE IGH TS , SECOND FILING, C I T Y OF NGLEWOOD, ARAPAHOE COUNTY , COLORADO . BE I T OHDAINED BY T HE C ITY COUNCIL OF THE CITY OF ENGLE- WOOD, C OL OR ADO : Section 1 . T l1at the he reinafter de sc ribed property located in the City of Englewoo d, Arapa hoe County, Colorado, be and hereby i s declared vacate d p ur s u a nt to the p rovisions of S ection 13, Article 1 , Chapter 120 , Colorado Revised Statutes 1 953, and that title thereto shall v est in the o wner s of adjoining land a s p rovided in said Chapter 12 0 , sai d vacated land being particu- arly described as follo ws : · That part of the alleys in Block 4 , Birch's Addition to So ut h Bro adway Height s , Second Filing , lying between Lots 1 9 and 2 0 on the ¥est and Lots 31 and 32 on the East, all within s aid block and within the City of nglewood , Arap a hoe Co u nt y, Colorado. S ection 2 . That Lhe City of Englewood does hereby expres s ly r e ser v e Lhe rights o f way or easements for the continued u s e o f cxist i n ~ sewer , g as , water or simil ar pipe lines and appurt en ance s , and for ditches or cana l s and appurtenances, and or electric, telephone and simi lar lines and a pp urtenances, and located in the herei11a b o v e described part of Englewood as set orth in S ect 1 on 1 abo v e . S ection 3 . Th at the hereinafter descr ibed property located in the City of Englewood, Arapahoe County, Colorado, be and hereby i s declared vacated purs uant to the provisions of Section 13, Artic l e 1, Ch a pter 120 , Colorado Revised Statutes 1 9 53, and that title thereto sh all v est in the owners of adjoining land as prov ided in s ai d Ch a pter 120 , said vacated land being particu- larly desc r ibed as fo llows : That part of the alleys in Block 3, Birch's ddition to S outh Broadway Heights, Second Filing , lying belween Lot 1 6 on the West and Lot 35 on the East, al l within said block and with in t he City of Englewood, Arapahoe Co u n ty, Colorado , toget he r with any and all uti lity easements located in and upon said par t of the alleys . Secti on 4 . T hat the C i ty of Englewood does hereby expressly vacate any and all utility easements located in or upon the following described part o f an alley, which said part of an alley was vacated by Ord i nance No. 1 6 , Series of 1952: . ~ .. That part of the alley in Block 3, B i rch's ddition to So uth Broadway Heights, Second Filing , lying between Lots 17 to 25 inclusive on the West and Lots 26 to 34 inclusive on the E a st , and al s o an extension of said alley 15 feet Southward, all within said block and within the Ci ty of Englewood, Arapahoe County, Colorado . Section 5 . Th at the vacation of the utility easement rights oi the City o f Englewood, in those portions of the alleys escribed in Section 3 and 4 above, is expressly contingent upon the conveyance of the City of Englewood by the owner or owners thereof of an casement f or sanitary sewer line purposes described as follows: ~n easement l u feet in width f or sanitary s ewer line p ur poses , the center l i ne of which is described as: Beginn ing at a point 9 feet ~ast of the Nor th east corne r of Lot 16, Block 3, Birch 's Addit ion to So uth Broadway Heights, S econd Filin g , which point is on the North line of said Lot 16 e xtended Eastward; thence in a Southwe ster ly direction f or a distance of 112.2 feet , more or less, to a point on the North line of Lot 19 in said block, which point is 5 1 feet E a s t of the Northwest corner o f said Lot 19; I I I thence in a Southwesterly direction for a distance of 128.5 feet , more or less, to a p oint on the South line of Lot 23 in said block , which p oint is 22.67 feet East of the So uthwe s t corner of said Lot 23, all within said block and within the City of Englewood, Arap ahoe County, Colorado; said owner or owners to build a new sewer line for the City of Englewood within the easement described in this section, according to the plans of the City Engineer, grade line and inspection, at their own expense , and said owner or owners to plug and se~l off the present sewer line which now lies within the vacated parts of alleys described in Sections 3 and 4 above. Secti on 6 . That the vacation of the hereinabove parts of alley s wi ll not leave any adjoining land without an established public road connecting said land with another established public road . Section 7 . The City Council hereby finds, determines and declares that thi s ordinance is necessary for the immediate reservation of public peace , health, safety and convenience. Section d . In the opinion of the City Co uncil an emergency ex ists ; the refore, this ordinance shall take effect and be in force from and after its final passage and publication. Passed on First Reading by the City Council of the City 01 Englewood , Col orado , this 4t h day of August, A.D. 1958, and or- dered published in tl1e Englewood Her ald and Enterprise. Passed on Final Reading by the City Council of the C1ty of Englewood , Colorado, this 2nd day of September, A. D. 1958 , and ordered published in the Englewood Herald and Enterprise. 'I'T£ST : , I, J. L. Barron, City Clerk of the C i ty of Englewood, olorado , do he reby certify that the above and foregoing Ordinance was introduced and read in full and ordered published as proposed Ordinance for the meeting of August 4 , 1958 , and Sep tember 2, 1958, held by the City Co u nci l of the C i ty of Eng lewood, Colorado on said dates and same was published in the Englewood Herald and Enterprise, September 4 , 1~58, a s Ordinance No. 26, Series of 1958. ~/~~__/ ~T -C :\~yc-iei·k 129 .. ... , ..