To: Honorable Mayor and Members of Town Council
From: Robert J. Slentz, Town Attorney
Title
Ordinance Vacating a Public Alley in the Northwest Quarter of Section 11, Township 8 South, Range 67 West, of the 6th Principal Meridian, Town of Castle Rock (Second Reading - Approved on First Reading on August 20, 2019 by a vote of 6-1)
Body
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Executive Summary
This memorandum addresses the three vacation Ordinances presented to Council as part of the Encore CR development proposal. Each ordinance vacates a separate tract of Town right of way which then will be incorporated into the site for the parking garage or the larger project.
Discussion
Vacation is a statutory process by which a public entity abandons a street or alley that is surplus to future transportation needs. The statute dictates how the ownership of the vacated property vests ownership in the adjacent properties.
The first Ordinance (attached) vacates a platted alley which is mostly contained within the current Townhall parking lot. The alley runs north and south and upon vacation the Town will retain ownership of the easterly half, the westerly half will pass to the abutting private ownership.
The second Ordinance vacates an 1812 square foot parcel of First Street abutting the current north property line of the Encore property (the old liquor store). Ownership of this parcel will pass to the abutting private ownership.
The third Ordinance vacates a 4457 square foot parcel of Perry Street which will be utilized principally for the dog park. Title of this parcel will vest entirely in the Town and will be incorporated into the lot for the parking garage.
All three Ordinances are conditioned on and take effect only if the construction closing under the Redevelopment Agreement takes place. If for some reason this does not happen and the project does not proceed the Town will retain ownership of these parcels.
Staff Recommendation
Staff recommends approval of the Ordinance as presented on second reading.
Proposed Motion
“I move to approve the Ordinance as introduced by title on second reading.”
Attachments
Attachment A: Ordinance