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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