HomeMy WebLinkAbout006B - 09/12/1952 - REVOKING ORDINANCE NO 009, 1898, GRANTING TO THE COLORADO AND SOUTHERN RAILWAY COMPANY CERTAIN RIGHT a
ORDINANCE NO 6
1952
BEING AN EMERGENCY ORDINANCE REVOKING ORDINANCE NO 9.,
1896, OF THE CITY OF FORT COLLINS, GRANTING TO THE
COLORADO AND SOUTHERN RAILWAY COMPANY CERTAIN RIGHTS
IN AND TO A PART OF LA PORTE AVENUE IN SAID CITY, AND
VACATING THE WEST 190 FEET OF THE EAST AND WEST ALLEY
IN BLOCK TWENTY-TWO (22) IN THE TOWN OF FORT COLLINS,
AND GRANTING TO SAID RAILWAY COMPANY THE RIGHT TO KEEP)
MAINTAIN, AND OPERATE TWO STANDARD GAUGE RAILROAD
TRACKS OVER A PART OF SAID LA PORTE AVENUE
WHEREAS, on October 17, 1898, by Ordinance No. 9 of 1898 the
City of Fort Collins granted to The Union Pacifies Denver and Gulf Rail-
way Company, its successors and assigns) the right to build, construct,
and operate a railroad depot building on that portion of La Porte Avenue
in said City described in said Ordinance No 9s and
WHEREAS, said The Union Pacific, Denver and Gulf Railway Com-
party, and The Colorado and Southern Railway Company, as the successor of
the former) have ever since maintained a depot building on said portion
of said La Porte Avenue, under said Ordinance No 9; and
WHEREAS., the City 07uncil considers that the continued existence
of said depot building on said part of said La Porte Avenue constitutes a
hazard to vehicular traffic thereon and desires its removal, in order
that the City, at its sole expenses may improve and widen said Avenue east-
erly of Mason Street, and to accomplish such purpose, the City has requested
The Colorado and Southern Railway Company to tear down and remove its said
depot building from said Avenue, and
WHEREAS., the said Railway Company is willing to comply with such
request in exchange for certain rights hereinafter granted to its the
granting of which is hereby found to be in the best interests of the City,
and
WHEREAS., the owner of all the lots and land abutting on the
west 190 feet of the east and west alley in Block Twenty-two (22)9 Town
of Fort Collins, has petitioned the City Council to vacate the same., and
the Council hereby finds that public convenience and necessity no longer
require thw use of said part of said alley) and that the same should be
vacated, and KecoYc p d
v
I
WHEREAS, the City and The Colorado and Southern Railway Company
have heretofore entered into a written contract embracing and covering
all matters and things set forth in this ordinance, whereby and wherein
it is provided for the tearing down and removal by said Railway Company
of said depot building after the passage of this ordinance
THE WORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT COLLINSa
IN
Section 1 That Ordinance No 9 of the year 1896 of the City
of Fort Collins be, and the same hereby is, revoked*
Section 2 That there be, and thereby hereby is, granted to
The Colorado and Southern Railway Company, its successors and assigns
the right to occupy, possess, and use for railroad purposes, and to con-
struct, maintain and operate railroad tracks and facilities on, that part
of La Porte Avenue of the City of Fort Collins described as followsa
Beginning at the southwest corner of Block Twenty-two (22)
in the Town of Fort Collins, thence running south along
the west line of said Block Twenty-two (22) produced,
fifty (50) feet, thence east parallel with the south line
of said Block Twenty-two (22), seventy (70) feet; thence
northeasterly to a point in the south line of said Block
Twenty-two (22), 150 feet east from the southwest corner
of said Block, thence west along said south line of Block
Twenty-two (22), 150 feet to the point of beginning
Section 3 That the portion of the east and west alley in
Block Twenty-two (22) in the Town of Fort Collins, extending east 190 feet
from the east line of Mason Street, be, and the same hereby is, vacatedi
rights of way and easements for the continued use of existing sewers, gas,
water or similar pipe lines and appurtenances, and for electric, telephone
and similar lines and appurtenances, in said vacated portion of said alley,
being hereby expressly reserved.
Section 4. That there be, and there hereby is, granted to The
Colorado and Southern Railway Compagy, its successors and assigns, the
right to keep, maintain, and operate, two standard gauge railroad tracks
in, over, and across La Porte Avenue in the City of Fort Collins, Colorado,
at locations lying between the east line of Mason Street and a line para-
llel to said east line, and sixty (60) feet east thereof•
Section 5. In the opinion of the City Council an emergency
exists for the preservation of the public health, peace and safety, and
2
this ordinance shall become effective upon its passage under and by
virtue of the authority contained in Sections 6 and 7 of Article IV
of the City Charter
Introduced and read at length, and adopted by the unanimous
vote of all members of the City Councils at the regular meting held
this 12th day of September, A D v 1952
Attest:
ei�/Z'eLw�
City Clerk Mayor
3
SmATE OF COLORADO)
) ss
COUNTY OF LARIMER)
I uILES F HOUSE City Clerk of the City of Fort Collins Colorado
do hereby certify and declare that the aforesaid Ordinance consisting of
three sections was duly pro-oosed and read at length at a regular meeting of
the City Council held on the 12th day of September A D 1952 and was duly
adopted and ordered published in the Fort Collins Coloradoan a daily news—
paper and official newspaper of the City of Fort Collins Colorado by the
unanimous vote of all members of the City Council as an Emergency Ordinance
in accordance with the provisions of Sections 6 and 7 of Article IV of the
City Charter and thereafter and on to—wit the 16th day of
September A D 1952 said Ordinance No 6 was duly published in the
Fort Collins Coloradoan a daily newspaper published in the City of Fort Collins
Colorado
IN WITNESS WHEREOF I have hereunto set my hand and affixed the seal
of said City this 16th cay of September A D 19-)2
ity Clerk