Ordinance Number 211

An ordinance vacating a portion of Aspen Street located between Seventh Ave and Interstate 70 between blocks 26 and 27, Burtons First addition, Town of Deer Trail, Colorado. 

Whereas, a property owner has requested that a portion of Aspen Street, a platted street located between Seventh Avenue and Interstate 70 between blocks 26 and 27, Burton's First Addition, and adjacent to the owner's property, be vacated; and

Whereas, the Board of Trustees has determined that such street is not needed for any public use and a vacation will not result in any lot or tract being without access to the public street system.

Now, therefore, be it ordained by the Board of Trustees of the Town of Deer Trail, Colorado:

Section 1. 

That portion of Aspen Street, from its intersection with Seventh Avenue to where Aspen Street dead-ends at Interstate Highway 70, which is located between Blocks 26 and 27, Burton's First Addition, as depicted in Exhibit A attached hereto and incorporated herein by this reference, is hereby vacated and title thereto shall vest as provided by law.

Section 2.

This ordinance shall be recorded in the office of the Arapahoe County Clerk and Recorder.

Section 3.

The Town hereby reserves from the property vacated pursuant to Section 1 of this Ordinance rights-of-way and easements of record or apparent on the ground for the continued use, installation, construction, reconstruction, operation, repair, placement, replacement, use, and maintenance of existing sewer, gas, water and similar pipes, appurtenances, lines, conduits, mains, or other facilities now or hereafter located in the right-of-way vacated by this Ordinance, for ditches, drainage and appurtenances, and for electric, telephone, cable and similar lines and appurtenances, together with the right of ingress and egress in and to, over, under and across the right-of-way vacated by this Ordinance. To ensure that access to these facilities, as now exist or may hereafter be constructed, is and remains unimpeded, no permanent structures may be built on the property vacated pursuant to Section 1 of this Ordinance.

Section 4.

The mayor is authorized to execute such documents as may be necessary to evidence the vacation of the street right-of-way.

Introduced, read, adopted, approved and ordered published in full this 3rd day of September 2002.

Beryl H. Rector, Mayor

Patti Owens, Town Clerk