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Ordinance 983

ORDINANCE NO. 983

AN ORDINANCE VACATING A PORTION OF THE NORTH/SOUTH ALLEY IN LOTS 1 THROUGH 12, LOTS 19 THROUGH 24, AND LOT 14, BLOCK 46, SPARGO-WINTER ADDITION, BETWEEN PINE STREET AND MAPLE STREET, CITY OF WALSENBURG; AND EAST/WEST ALLEY OF LOTS 19 AND LOTS 13 THROUGH 18, CITY OF WALSENBURG; ALL IN HUERFANO COUNTY, COLORADO.

WHEREAS, the City Council of the City of Walsenburg determines and finds that it is in the best interest of the public necessity, health, safety and general welfare to vacate a portion of an alley as specified herein; and

WHEREAS, the City Council of the City of Walsenburg further finds that said vacation is not in conflict with appropriate provisions of the City’s comprehensive plan; and

WHEREAS, said vacation will not leave any land adjoining the portion of said alley without an established public road or private-access easement connecting said land with another established public road; and

WHEREAS, the City Council has the authority pursuant to Title 43, Article 2 of the Colorado Revised Statutes, as amended, to approve such vacation.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WALSENBURG, COLORADO, AS FOLLOWS:

1.All right, title, and interest of the City of Walsenburg, Colorado, in and to that portion of the North/South alley in Lots 1 through 12, Lots 19 through 24, and Lot 14, block 46, Spargo-Winter Addition, between Pine Street and Maple Street, City of Walsenburg; and East/West alley of Lots 19 and Lots 13 through 18, City of Walsenburg; all in Huerfano County, Colorado, is hereby divested and said described portion of the alley is vacated as a roadway.

2.Title to the land vacated shall vest in the owner or owners of the land abutting such vacated portion of the alley as described above, subject to the same encumbrances, liens, limitations, restrictions, and estates as the land to which it accrues.  No portion of the land vacated shall accrue to an abutting roadway.

3.A certified copy of this Ordinance shall be recorded in the Office of the Clerk and Recorder for Huerfano County, Colorado.

4.REPEALER.  All ordinances and regulations previously adopted by the City Council of the City of Walsenburg that are in conflict with this Ordinance are hereby repealed and shall be without force or effect.

 

INTRODUCED, READ, PASSED AND ORDERED PUBLISHED on first reading this 6th day of January 2009.

_____________________________            _______________________

Edith T. Sheldon, Mayor                John E. Zgut, City Clerk

PASSED ON SECOND READING, ADOPTED, AND ORDERED PUBLISHED BY TITLE on this 20th January, 2009.

______________________                ________________________

Edith T. Sheldon, Mayor                John E. Zgut, City Clerk                        

    SEAL