HomeMy WebLinkAbout1958 Ordinance No. 026'
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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:
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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;
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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.
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