Ordinance Number 228

An Ordinance to correct an incorrect legal description as set forth in Ordinance No. 225, wherein the Board of Trustees of the Town of Deer Trail, Arapahoe County, Colorado did vacate a portion of eighth Avenue. 

Whereas, the Town of Deer Trail, hereinafter referred to as the "Town," in the County of Arapahoe, and State of Colorado, is the body corporate operating as a 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, on May 3, 2005, Ordinance No. 225 was passed by the Board of Trustees of the Town of
Deer Trail, finding that it was in the best interests of the citizens of the Town of Deer Trail to vacate a portion of Eighth Avenue; and

Whereas, a portion of the property described in Ordinance No. 225 was not included in Eighth Avenue and it is necessary to correct the legal description of the property vacated so as to maintain accurate Town and County real property records.

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

Section 1. Vacation of a Portion of Eighth Avenue

That portion of Eighth Avenue, as described below, and as platted and existing in the Town of Deer Trail, as of the date of this Ordinance, is hereby vacated, as such term is defined by Colorado Statute: 

That portion of Eighth Avenue, located within the Town of Deer Trail, commencing at a point designated as the northeast corner of Lot Nine (9), Block Nineteen (19), thence extending on a straight line parallel to the north line of said Lot Nine (9) and Ivy Street, across Eighth Avenue to the Northwest corner of Block Eighteen (18), thence southeasterly along the southwest line of Block Eighteen (18), to the West right of way line of the Arapahoe County Road 217, thence following the western line of the west side of Arapahoe County Road 217 in a southerly direction until the line reaches the eastern edge of Block Nineteen (19), thence along the east line of Block Nineteen -(19), north to the northeast corner of Lot Nine (9), Block Nineteen (19), Town of Deer Trail, Arapahoe Count, Colorado. 

Section 2. Reservations 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, wastewater, gas, and similar pipelines and appurtenances, and for electric; telephone, and similar lines and appurtenances.

Section 3. 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 4. Repeal

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. except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any Ordinance hereby repealed prior to the taking effect of this Ordinance.

Section 5. Effective Date

The Board finds that an emergency situation exists as Arapahoe County has requested that the correction of Ordinance No. 225 be done prior to December 1, 2005. Accordingly, this Ordinance shall take effect immediately upon passage. Further, in accordance with C.R.S. 43-2-303(2)(I), a certified copy of this Ordinance shall be recorded in the office of the Arapahoe County Clerk and Recorder upon the Ordinance
taking effect.

Introduced, read, adopted and approved this 1st day of November 2005.

James F. Johnson, Mayor
Town of Deer Trail, Colorado

Patti K. Owens, Town Clerk