ORDINANCE NO.  286

BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF CHEYENNE WELLS, CHEYENNE COUNTY, COLORADO, TO VACATE A PORTIONS OF PROPERTY:

East 5th Street South, formerly Sixth Street, adjacent to Lots One (1), Two (2), Three (3), Four (4), Five (5), and Six (6), in Block Forty-five (45), to the west; and adjacent to Lots Eight (8), Nine (9), Ten (10), Eleven (11), and Twelve (12), in Block Forty-six (46), to the east, both in the Town of Cheyenne Wells; South Fifth Street East, formerly Colorado Avenue, adjacent to Lots One (1) and Twelve (12), in Block Forty-seven (47), in the Town of Cheyenne Wells; a north-south alleyway adjacent to Lots One (1), Two (2), Three (3), Four (4), Five (5), and Six (6), and Lots Eight (8), Nine (9), Ten (10), Eleven (11) and Twelve (12) in Block Forty-seven (47), being all of fractional Block Forty-Seven (47), in the Town of Cheyenne Wells; on East 5th Street South, formerly Sixth Street, adjacent to Lots One (1), Two (2), Three (3) and Four (4), in Block Forty-seven (47), in the Town of Cheyenne Wells, All within the County of Cheyenne, Colorado.

Whereas, the Town of Cheyenne Wells, hereinafter referred to as the "Town," in the County of Cheyenne, and State of Colorado, is the body corporate operating as a statutory town pursuant to the general statutes of the State of Colorado; and

Whereas, Colorado Revised Statutes §§43-2-302 and 43-2-303, 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 results of the statutes concerning vesting of title upon vacation; and

Whereas, the Board of Trustees of the Town, hereinafter referred to as the "Board," has determined that it would be in the best interests of the citizens of the Town to vacate the portions listed above, as set forth herein;

NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF CHEYENNE WELLS, COLORADO:

SECTION 1- VACATING OF PORTIONS OF TOWN STREETS & ALLEYS.

A tract or parcel of land which is a portion of East Fifth Street South, formerly Sixth Street, adjacent to Lots 1, 2, 3, 4, 5, and 6, in Block 45 to the west and adjacent to

Lots 8, 9, 10, 11, and 12, in Block 46, to the east, both in the Town of Cheyenne Wells, County of Cheyenne, State of Colorado, more particularly described as follows:

Commencing at the intersection of the east line of the Northeast Quarter of the Southwest Quarter (NE¼SW¼) of Section 21, in Township 14 South, Range 44, West of the 6th P. M., in Cheyenne County, Colorado and the centerline of said East Fifth Street South, formerly Sixth Street, thence northerly along the centerline of said East Fifth Street South, formerly Sixth Street, being parallel to and 40 feet distant easterly from the east line of said Block 47 and Block 45 to the intersection of the centerline of said East Fifth Street South, formerly Sixth Street and the north line of said Lot 1, Block 45 extended easterly, thence easterly along the north line of said Lot 1, Block 45 extended easterly a distance of 40 feet, more or less to the northwest corner of Lot 12, Block 46, thence southerly along the west line of said Block 46 to the point of intersection of said west line of Block 46, and the said east line of the NE¼SW¼ 21-14-44, thence southerly along said east line ofNE¼SW¼ 21-14-44 to the point of intersection of said east line of the NE¼SW¼ 21-14-44 and the centerline of said East Fifth Street South, formerly Sixth Street, being the point and place of beginning.

A tract or parcel of land which is a portion of South Fifth Street East, formerly Colorado Avenue, adjacent to Lots 1 and 12, in Block 47, in the Town of Cheyenne Wells, County of Cheyenne, State of Colorado, more particularly described as follows:

Commencing at the northwest corner of Lot 12, Block 47, thence easterly along the north line of said Lot 12, Lot 1, and the north line of Lot 1, extended easterly, approximately 340 feet to a point which is 40 feet easterly from the northeast corner of Lot 1, thence northerly along a line parallel to the east line of Lot 1, extended northerly a distance of 40 feet to a point which is the southeast corner of that certain vacated South Fifth Street East, formerly Colorado Avenue recorded as Reception No. 243847 of the Cheyenne County, Colorado Records, thence westerly along south line of said vacated South Fifth Street East, formerly Colorado Avenue approximately 340 feet to the southwest corner of that certain vacated South Fifth Street East, formerly Colorado Avenue, thence southerly along the west line of said Lot 12, extended northerly a distance of 40 feet, more or less, to the northwest corner of Lot 12, Block 47, being the point and place of beginning.

A tract or parcel of land which is an alleyway within Block 47, lying between Lots 8, 9, 10, 11, and 12 to the west and Lots 1, 2, 3, 4, 5, and 6 to the east, in Block 47, in the Town of Cheyenne Wells, being more particularly described as follows:

Beginning at a point which is the northwest corner of Lot 1, Block 47, in the Town of Cheyenne Wells, Cheyenne County, Colorado; thence southerly along the west line of Lots 1, 2, 3, 4, 5 and 6 to the intersection of the west line of Lot 6 and the south line of the Northeast Quarter of the Southwest Quarter (NE¼SW¼) of Section 21, in Township 14 South, Range 44, West of the 6th P. M., in Cheyenne County, Colorado; thence westerly along the south line of said NE¼SW¼ 21-14-44 to the southeast corner of said Lot 8; thence northerly along the east line of said Lots 8, 9, 10, 11, and 12 to the northeast corner of said Lot 12; thence easterly along the north line of said Lot 12 extended easterly a distance of 20 feet, more or less, to the northwest corner of Lot 1, Block 47, being the point and place of beginning.

A tract or parcel of land which is a portion of East Fifth Street South, formerly Sixth Street, adjacent to Lots 1, 2, 3, and 4, in Block 47, in the Town of Cheyenne Wells, County of Cheyenne, State of Colorado, more particularly described as follows:

Commencing at the northeast corner of Lot 1, Block 47, thence southerly along the east line of said Lots 1, 2, 3, and 4, in Block 47, to the intersection of the east line of Lot 4, Block 47 and the east line of the Northeast Quarter of the Southwest Quarter (NE¼SW¼) of Section 21, in Township 14 South, Range 44, West of the 6th P. M., in Cheyenne County, Colorado, thence northerly along the said east line of the NE¼SW¼ 21-14-44 to the intersection of said east line ofNE¼SW¼ 21-14-44 and the centerline of said East Fifth Street South, formerly Sixth Street, thence northerly along the centerline of said East Fifth Street South, formerly Sixth Street, being parallel to and 40 feet distant easterly from the east line of said Block 47 to the intersection of the centerline of said East Fifth Street South, formerly Sixth Street and the north line of said Lot 1, Block 47 extended easterly, thence westerly along the north line of said Lot 1, Block 47 extended easterly a distance of 40 feet, more or less to the northeast comer of Lot 1, Block 47, being the point and place of beginning

Reserving to the Town of Cheyenne Wells, rights of way or easements for the continued use of existing sewer, gas, water or similar pipe lines or appurtenances, and for electric, telephone, and similar lines and appurtenances, with the perpetual right to go in, under or upon said land for repair, maintenance, replacement or additional installation of same, all of said roadways being wholly within the corporate boundary line of said Town, and all of the land adjoining said roadways being connected with another established public road, be and the same is by this Ordinance hereby adopted, approved, authorized and confirmed, and said roadways are hereby and by these presents vacated, in accordance with the provisions of Section 3 of Chapter 217, Colorado Session Laws of 1949.

Upon the adoption and date of enforcement of this Ordinance, that portion of the Town street described below shall be vacated as such term is defined by Colorado statute:

SECTION 2 - 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 3 -REVISION OF TOWN PLAT.

The Board hereby directs the officials and staff of the Town to make such revisions to the town plat and map consistent with this Ordinance.

SECTION 4 - REPEAL.

Upon adoption and enforcement of this Ordinance, existing or parts of Ordinances covering the same matters as embraced in this Ordinance are hereby repealed and all ordinance and parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed.

SECTION 5 - EFFECTIVE DATE.

This Ordinance, upon passage, shall be published at the first available time, and shall take effect thirty (30) days from the date of publication. The Clerk of the Town is required to record this Ordinance in the Book of Ordinances and to arrange for publication as required by statute. Further, in accordance with C.R.S. §43-2-303(2)(f), a certified copy of this Ordinance shall be recorded in the office of the Cheyenne County Clerk and Recorder upon the Ordinance taking effect.

INTRODUCED, PASSED, AND APPROVED and ordered published by the Mayor and Board of Trustees of the Town of Cheyenne Well, Colorado this 11th day of February, 2025.

TOWN OF CHEYENNE WELLS, COLORDO

By: /s/Carleton Pelton

MAYOR RO-TEM CARLETON PELTON

ATTEST:

By:/s/Deborah G. Knudsen

TOWN CLERK DEBORAH G KNUDSEN

Published March 14, 2025

In the Kiowa County Press