Ordinance 2005-1467 - Laserfiche WebLink

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1 11111111111111111111111111111111 11111111\ 11111 11111111 ~~;~~r:~ ~p Boulder County Clerk, CO ORD R 21,00 D 0.00 ORDINANCE NO. 1467 SERIES 2005 AN ORDINANCE APPROVING THE VACATION OF THE CITY'S INTEREST IN CERTAIN RIGHT-OF-WAY ADJACENT TO 101 WEST SPRUCE STREET IN THE CITY OF LOUISVILLE. WHEREAS, by deed recorded in 1905 at Book 330, Page 123, in the Office of the Boulder County Clerk and Recorder, there was excepted for use as a public highway the South 30 feet of the South 185 feet of the East 198 feet of the Southeast 1/4 of the Northwest 1/4 of the Northeast 1/4 of the Southwest 1/4 of Section 8, Township 1 South, Range 69 West of the 6th P.M., in the City of Louisville, County of Boulder, State of Colorado (the "Right-of-Way"); and WHEREAS, such Right-of-Way lies north of the City's existing Spruce Street right-of-way and adjacent to property addressed as 101 West Spruce Street within the City of Louisville; and WHEREAS, the owner of 101 West Spruce Street, Rick Lucky, has made proper application to the City for vacation of the City's interest in the Right-of-Way; and WHEREAS, the City Council has determined that the Right-of-Way is not and has not been used or required as a public roadway or thoroughfare, with the exception of one area of approximately 240 square feet located at the southeastern corner of the Right-of-Way, which area is needed for an existing sidewalk and right-of-way purposes and is described in Exhibit B attached hereto (the "Reserved Right-of-Way"); and WHEREAS, the City Council has determined that, except for the Reserved Right-of-Way, the Right-of-Way for which vacation is requested is not and will not be needed for any public purposes; and WHEREAS, the City Council has determined that, except for the Reserved Right-of-Way, the Right-of-Way for which vacation is requested is not being used or held for park purposes or for any other governmental purposes; and WHEREAS, the City Council desires to approve the application and vacate any interest the City may have in such Right-of-Way, with the exception of the Reserved Right-of- Way which is to be reserved to the City for the location of existing and planned public street and utility improvements, and with the exception of easements for existing utilities, if any. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LOUISVILLE, COLORADO: Section 1. The City hereby vacates any interest it holds in the right-of-way legally described on Exhibit A, attached hereto and incorporated herein by reference (the "Right-of-Way"). Title to any City interest in such vacated portion of the Right-of-Way shall vest in the manner provided by law. There is excepted from such vacation and reserved to the City the "Reserved Right-of-Way" legally described on Exhibit B, attached hereto and incorporated herein by reference 1 {) ~