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ORDINANCE NO. 245

 

AN ORDINANCE BY THE BOARD OF TRUSTEES OF THE TOWN OF DEER TRAIL, ARAPAHOE COUNTY, COLORADO, TO VACATE PORTIONS OF GRAPE STREET, HOLLY STREET, THIRD AVENUE AND FOURTH AVENUE WITHIN THE TOWN OF DEER TRAIL.

 

            WHEREAS, the Town of Deer Trail, hereinafter referred to as the “Town”, in the County of Arapahoe, and the State of Colorado, is the body corporate operating as a statutory town pursuant to the general statutes of the State of Colorado; and

 

            WHEREAS, Colorado Revised Statutes 43-2-302 and 303, give to the governing body of each municipality of the State of Colorado, the power and authority to vacate municipal streets by ordinance, provided that the requirements of the statute are followed, and subject to the rules of the statutes concerning vesting of title upon vacation; and

 

            WHEREAS, the Board of Trustees of the Town, hereinafter referred to as the “Board”, has determined that it would be in the best interests of the citizens of the Town of Deer Trail to vacate the streets and alleys to that area known as the “Jockey Club Grounds”, except for a portion of Third Avenue involved with a grant agreement by the Great Outdoors Colorado Grant (GOCO); and

 

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF DEER TRAIL, COLORADO:

 

Section 1.        Vacating of Roads and Alleys.

 

Upon the adoption and date of enforcement of this Ordinance, all roads

and alleys within the parcel of real property described below, except as hereinafter described, shall be vacated as such term is defined by Colorado statute:

 

Commencing at the corner of Lot One (1), Block Ten (10), Second Addition to the Town of Deer Trail, at the intersection of Third Avenue and Fir Street, then following the property lines of Lots Two (2), Three (3), Four (4), Five (5) and Six (6) to the corner of Lot Six (6) between Lots Five (5) and Six (6) facing Third Avenue, then following in a straight line from the corner of Lot Six (6) across Third Avenue to the lot line between Lots Eleven (11) and Ten (10) to the opposite corners of Lot Eleven (11) and Lot Ten (10) facing the alleyway in Block Two (2), First Addition to the Town of Deer Trail, then following the lot line along the alleyway of Lots Ten (10) and Nine (9) crossing Grape Street in a straight line to the corner of Lot Sixteen (16) facing the alleyway between Lots Sixteen (16) and One (1) of Block Twelve (12) of the Second Addition to the Town of Deer Trail, then following the lot lines of Lots Sixteen (16) through Nine (9) of Block Twelve (12) Second Addition to the Town of Deer Trail, then crossing Holly Street in a straight line to the corner of Lot Sixteen (16) facing the alleyway between Lots Sixteen (16) and One (1) of Block Twenty Four (24) of the Second Addition to the Town of Deer Trail, then following the lot line of Lot Nine (9) of Block Twenty Four (24) of the Second Addition to the Town of Deer Trail, along Ivy Street to Third Avenue then crossing Third Avenue in a straight line to the corner of Lot Eight (8), Block Twenty Three (23) of the Second Addition to the Town of Deer Trail, on the intersection of Ivy Street and Third Avenue, then following the lot line along Ivy Street of Lots Eight (8) and Nine (9), Block Twenty Three (23) then crossing Fourth Avenue in a straight line to the corner of Lot Eight (8), of Block Twenty Two (22) of the Second Addition to the Town of Deer Trail, on the corner of Fourth Avenue and Ivy Street, then following the lot line along Ivy Street of Lots Eight (8) and Nine (9) of Block Twenty Two (22) to the furthest corner of Lot Nine (9) along Ivy Street; then following the lot lines (opposite to the alley) of Lots Nine (9) through Sixteen (16), Block Twenty Two (22), then crossing Holly Street in a straight line to the corner of Lot Nine (9), Block Fourteen (14),  Second Addition to the Town of Deer Trail, then following the lot lines of Lots Nine (9) through Sixteen (16), Block Fourteen (14), Second Addition to the Town of Deer Trail, then crossing Grape Street in a straight line to the corner of Lot Nine (9), Block Nine (9), Second Addition to the Town of Deer Trail, then continuing along the lot lines of Lots Nine (9) through Sixteen (16), of Block Nine (9) to the corner of Lot Sixteen (16), Block Nine (9) facing Fir Street; then following the lot lines of Lot Sixteen (16), Block Nine (9) in a straight line across the alleyway and Lot One (1),

Block Nine (9), then crossing Fourth Avenue in a straight line to the corner of Lot Sixteen (16), Block Ten (10), Second Addition to the Town of Deer Trail, then crossing the lot lines of Lots Sixteen (16) and One (1) in a straight line to the point of beginning.

 

Section 2.        Property Excepted From This Vacating Ordinance.

 

While all roads and alleys located within the above described parcel of

real property shall be vacated by this Ordinance, that portion of Third Avenue located between the following described real property which is the subject of a Declaration of Covenants and Conditions, dated September 2, 2008, shall not be vacated:  Lots Fourteen (14) through Sixteen (16), Block Twelve (12) and Lots One (1) through Three (3), Block Thirteen (13), Second Addition to the Town of Deer Trail, Arapahoe County, Colorado.

 

Section 3.        Reservation of Existing and Future Municipal Rights Of Way Or Easements For Municipal Utilities.

 

Pursuant to C.R.S. 43-2-304(3), the Town of Deer Trail in vacating the

above portion of Eighth Avenue, reserves unto the Town, any and all existing, as well as future right to construct, install, bury, maintain, and operate all relevant and applicable  municipal utilities, including water, waste water, gas, and similar pipelines and appurtenances, and for electric, telephone, and similar lines and appurtenances.

 

            Section 4.        Validity.

 

            If any part or parts of this Ordinance are for any reason held to be invalid such decision shall not affect the validity of the remaining portions of this Ordinance.  The Board hereby declares that it would have passed this Ordinance and each part or parts thereof, irrespective of the fact that any part or parts be declared invalid.

 

Section 5.        Repeal.

 

            Upon adoption and enforcement of this Ordinance, existing or parts of Ordinances covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed.

 

Section 6.        Effective Date.

 

This Ordinance, upon passage, shall be published at the first available time, and shall take affect thirty days from the date of publication.   The Clerk is required to record this Ordinance in the Book of Ordinances and to arrange for publication as required by statute.  Further, in accordance with C.R.S. 43-2-303(2)(f), a certified copy of this Ordinance shall be recorded in the office of the Arapahoe County Clerk and Recorder upon the Ordinance taking effect.

 

ADOPTED AND APPROVED this fifth day of May, 2009.

 

                                                                                   

                                                                                    TOWN OF DEER TRAIL, COLORADO

 

 

                                                                                    ___________________________________

Frank Fields, Mayor

 

ATTEST:

 

 

___________________________________

Patti K. Owens, Town Clerk