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HomeMy WebLinkAboutWV-93-1_ - __ .._~ - - _ The City of ~he~t ADMINISTRATIVE .PROCESS APPLICATION ~id ~ Department of Planning and Development - _~ 7500 West 29th Ave., Wheat Ridge, CO 80033 Phone (303) 237-6944 --- Applicant Ernestine :~lilliams Address 11100 L~7._ 38th Ave. Phone 424-5065 vlheat Ri ge, CO --- Owner sane _ _ --Addzes's_ _ Phone- Location _of.,request 11100 'v,7est :3$th,Ave. Type of action requested (check one or-more of the actions listed below ' which pertain to your request.) _ ^ Change of zone or zone conditions Variance/Waiver Site development plan approval ~ Nonconforming use change Special use permit ^ Flood-plain special exception Conditional use permit- ^ Interpretation of code ' Temporary use/building permit ^ Zone line-modification Minor subdivision Public Improvement. Exception Subdivision r Street vacation Preliminary Miscellaneous plat _ . ® Final. Solid waste landfill/ ** See _attached-procedural guide- mineral .extraction permit for. specific requirements .__-__- ^ Other :. Detailed Description of request _vacation of`Quai1_Street where-the - dedicated street crosses the :Williams an List-all=persons .and companies who hold an interest in the described real prop_e_rty, as owner, mortgagee, lessee, optionee, etc. NAME... - _ ._ -ADDRESS PHONE'' Colorado'Ope_n Lands- Boulder, C0 hnlr"c a conaPriiai-'nn Pace**irnv- ~•~ -~t~P ~Tilli~ 'c P *, 'll la Fly r',-a~-'-rnVPd 1~~~, i-ha~rnnc+ri~ri-in-~ anA' •iaA of a a'=rar~i- ac~n'erlirater ~. I-certify that_the information and exhibits herewith submitted are true and correct to the best of my. knowledge anal-that in filing this application, I am acting with_the knowledge and .consent of those persons listed above, without -whose .consent the requested_action:cannot lawfully be accomplished. Applicants other-than owners must submit power-of-attorney from the owner which approved of this action on his b~e~h/a~lf. _ Signature of Applicant ~n~Q~ Y~ i~~~ _ Subscribed and sworn to me this /~~--day of 19 ~~ _ _ __ - Notary _Public _ // a w~~ SEAT, a _. ~ _ My commission expires /G Date_&eceived Receipt,NO, Case No. _ - -.CASE 1V0. V 93-1_,.~. ." ,.,~ •_~_ ,. - - ~ . - - _ - -. _ ...._.,.._ ._n. - 12/26/91 9.813. ~ 40.Wp - '. ~~ _ _- -_ -- __ ____ _ - ~EXHjp ~~~ RECDRDED IN ~ ' ~ ~ ~~ ~ ~ - - --COUNTY OF JEFFERSON -. ------ .= -:- - - -. - - STgTE OF COLORq_DO _ - -- --~ - ~ DONATION DEED OF CONSERVATTnu EASEMENT _ __-_ _ ~. _ - ___- _ ~ ~O. :S DEED OF CONSERVATION EASEMENT is made this .ZOm of iS. , .1991, by and between Ernestine Wilh ams of_ Wheatridge, Colorado, hereinafter called "Donor" and Colorado Open - --- _ -_-- ---Lands, a Colorado non-profit corporation hereinafter called - WHEREAS, the Donor is the owner of certain real property having. /~ - - - , frontage on Lena Gulch and located at 11100 West 38th 'Avenue, -_ - Wheatridge, and located within Jefferson County, Colorado; and - WHEREAS, the property shares ecosystems with the surrounding region ___ _--- _ - important to the survival and diversity of wildlife natural-to the region; and - - - - _ _-- _-- WHEREAS, the property .is suitable for and contains numerous species of wildlife, including foxes, skunks, raccoons and many varieties - of birds including waterfowl along the creekway; and . - - _- WHEREAS,-the property has been used for agricultural purposes - ..-. - including grazing and crops; and - - ' _ WAS, the property includes the Donor's house, certain outbuildings including sheds, chicken house and small barn; and - . ~ _ WHEREAS, -it is the Donor's desire that certain ecological, _- agricultural and wildlife values o£ Donor's property be preserved „ - -.-:- - and maintained, and to achieve that purpose, certain enumerated rights are herein granted; and - - -- --- - -- - - -- WHEREAS, the Donor and Donee mutually .desire that the land ba ._ _ -- - - _ administered so as to protect the wildlife, agricultural, and other ' similar values of Lena Gulch and its immediate environment, and to - prevent any development that will tend to mar or detract from said values, and to that end exercise such reasonable controls over the -- - -- - ~-land within the restricted area described herein as may be necessary to accomplish such objectives. _ - - ---- - NOW, THEREFORE, in consideration of mutual covenants -herein . contained, the Donor hereby donates and conveys unto the Donee and __ its assigns forever, and in perpetuity, a conservation easement in gross (as described in Title 38, Article 30.5; of--the Colorado Revised Statues, 1973) of the nature, character and extent, and for the specific purposes hereinafter set-forth, over any and all ----_- - -_---•- ----_---_-=-portions of the lands described in Exhibit,"A," attached hereto and incorporated herein by reference (the "easement area":). The Donee_ is a_charitable organization exempt under section 501 (e)(3) of the Internal Revenue Code of 1954, as amended, which was ___ .._-__. .. __. -_-created at. least two years prior to the date of this instrument. The Donee is also a °qualified organization" within the meaning of - _ - ___ section 170 (h)(3) of the Internal Revenue Code of 2954, as - amended. - _ - - _ The primary conservation purposes of .this easement are the protection of a relatively natural habitat of birds, wildlife and -- ' plants that is part of an important. surrounding natural ecosystem - - -- and the preservation of agricultural--uses for which this property has historically been used. - I. - IISE HY DONEE _ The Donee, its authorized representatives and assigns are hereby - - granted the right to go upon the land. described in this easement- --_ ~ for. the following purposes: To inspect for violations and•to administer this easement, luding the right to confirm the location of property corners and ~~/ YY ._ _ _ RECEPTION ND. 911 5 . .._. -_ boundaries delineating the easement area. -- - --- -- B. -- In the -event -Donee asserts that a violation of the restrictions of this easement has occurred, the Donee shall notify Donor in writing of the nature- and extent of such alleged - violation, and shall specify Donee's proposed remedy for the violation. The_ notice to ~Dpnor may be served personally upon Donor, or be directed to Donor at 11100 West 38th Avenue, Wheatridge, Colorado, or at such other address as Donor may from -time to time notify Donee in writing, or to the addresses-of owners who are successors in interest to the property subject to this ----easement with a copy to-Ernest. C. Braun, 4631-West Maplewood -Avenue; Littleton, Colorado Certified' Mail, Return Receipt- Requested. In. the event-of mailing, notice shall be deemed to have been given five (5) days after mailing of the notice by Donee. Thirty (30) days after notice to Donor in the manner as heretofore provided, if Donor fails to commence remedial action,-and to present an acceptable plan to Donee evidencing that the remedial action will _be undertaken and. pursued with due diligence and accomplished within a reasonable time, Donee at that time may institute suit to enjoin, by temporary restraining order and/or - temporary or permanent injunction, any-such violation, and where. appropriate, to require the restoration of the premises to their prior condition, or to seek such other relief as may be available to Donee under applicable statutes and other rules o£ law; provided however, that Donor agrees that after- the giving of notice as herein provided, in the event there is a continuation of the alleged violation which will result in irreparable harm to the property subject to this conservation easement, Donee may at any time subsequent to the giving of notice, institute suit to enjoin, - by temporary restraining order' and/or temporary or permanent injunction, any such violation, and where appropriate, to require - the restoration of the premises to their prior condition. .In the event Donor or her successors in interest in the property subject to the easement shall cause a violation of this easement requiring - Donee to take legal action to enforce the easement, then Donee's cost thereof, including attorney fees, shall be borne by Donor or her successors in interest to the property who shall have made such litigation necessary. Donor agrees that as a part of any transaction involving "the sale or conveyance of any property subject to this conservation easement, Donor will require the purchaser or grantee to provide the Donee herein with a substitute address for purposes of giving notice pursuant to this Article. C. With prior approval of the Donor, which Donor agrees not-to unreasonably withhold, to perform such other wildlife, sanitation, restoration, agriculture or other work as, in the opinion of the -authorized representative of the Donee, is necessary or desirable to protect and promote the natural and agricultural-qualities of the area, provided that Donee shall have no obligati'onto perform such work. II. IISE BY DONOR In return-for. the considerations stated herein, the Donor assumes -the following covenants and restrictions. These covenants and restrictions are imposed upon the occupancy and use of the easement area by the Donor and her heirs and assigns. Except as otherwise provided by this easement, the costs of_conformance with.the terms oS Part II of this easement shall be borne by the Donor. A. Donor agrees that -there shall beno subdivision of the property except that the activities listed in subsections 1, 2, and 3 below shall be permitted:. 1. The leasing of any portion of the land for grazing or hay -- -production purposes that is not inconsistent with the conservation purposes of this easement or destructive of other significant conservation interests. - z - -.-~~ -- - _ ,r _-- -- - -- - 2. The rental or leasing of any presently existing structure - ~ - ~_--_--- ~ or improvements on the property=in the easement area. -. _ -- -- - -.- -, - ---3. Trie granting or conveyance or acceptance of any easement- or license for power lines, roads, trails, ditbhes, pipelines or flumes, or any other form of easement which is in the opinion of Donor -is required to serve" Donor's property and the uses necessarily incidental to the property by Donor that are_reserved herein and which is not inconsistent with the conservation purposes ' - ----- -of this easement or destructive of other significant conservation .. - =-- --- .- interests... B. There is specifically retained by the Donor, her heirs and - - - ` - --assigns, the right to perform-ordinary maintenance on the. property including the repair and_.improvement o£,~the existing buildings~'and - -. - ----- - replacement thereof, however any .replacement of .existing structures, including the house, shall not.increase the size of':the - - - replaced structure by more than 20& of the original size. .. _ _ C. The easement area shall- not be -used for -any professional, industrial, commercial, or residential activities except suchas _ __ -- _- are connected with the agricultural uses permitted i.e. selling of milk, eggs, etc. '- ~"--- _ D. No dumping of trash, ashes, garbage, sewage, sawdust, or any .-- - - ..._ -- -..= -similar unsightly or offensive material is permitted within the . easement-area. E. The Donor re' .ins title to all trees ~'znding or down, within the easement area, provided however, th cutti or removal of vegetation shall be limited to that needed to ma~::cain an orderly ---- - ------appearance or to remove or abate disease or infestation except that . cultivated crops, including orchard frui,`t and nut trees, ,may be - -. ----- -- - pruned, maintained and harvested in accordance with good -farming _. - - practices; prior to any removal other than for agricultural ' purposes, the value to the bird and wildlife cover will be evaluated and if such a removal would have severe negative impact on such wildlife, such vegetation will-be allowed to remain. F. Additional land clearing is generally prohibited in order to - -maintain the present balance of open and cover areas. Written __ _ consent of the Donee is required prior to any land clearing except .that no permission is needed to remove brush and trees from _ _ __ _ existing field and open pastures in accordance with good farming - ___ _ practices. G. The Donor, her heirs and assigns, retain the right to use the easement area for general agricultural and ranching purposes, and wildlife refuge areas, including the right to buy, lease, plant, harvest and feed agricultural crops and forages. Donor further _ retains-the right to develop ,and maintain those water resources on _ the Donor's land necessary for grazing, agricultural-and wildlife. - purposes conducted thereon, including, ,but not limited to; the - - -right to locate, construct, install -and maintain pumps and .irrigation systems and the means to transmit power to operate said systems, and reserving such travelways as are. necessary for purposes of maintaining and repairing any such systems. H. Donor may not construct any additional-residential dwelling units on the easement area. III. DEVISE OF ADJACENT PROPERTY Donor', in her-will is leaving to Donee the balance of her property -located at 11100 West 38th Avenue, Wheatridge; Colorado (as described on Exhibit B), which consists of approximately 9,000 -square Peet of vacant land. This property is generally described as having 75 feet frontage on 38th Avenue and with a depth of '- approximately 120 feet. It is theDOnor's intention that this property not be developed beyond a density of two reside tial-units 3 3 r ~ ~ ~. l ~ -- --- - and therefore this property .is so restricted. In the event that the property described in Exhibit B is not transferred to the - -Donee (at the death of the Donor), the conservation easement will ' ~~~-be extinguished and the Donee will have no further obligations under that easement. -IV. PUBLIC ENTRY - -- ---- ~ - The Granting of this easement is not intended to permit or in any way give the public the right to enter upon the easement area for any purpose, except as mutually agreed by the Donor, her heirs or assigns and the Donee. V. ' TAXES - - _ - ~ _ .. - -- Donor shall pay any and all real property taxes and assessments __ properly levied by competent authority on the easement area and/or - ~ ~ - thls easement. VI. -RESTRICTION ON ,ASSIGNMENT - ~ ~- _ - ~ - ~ -- ~ _ - - Donee may assign its interest in this easement only to a ' governmental unit or another charitable organization that is qualified to receive conservation easements under applicable provisions of Colorado law and federal tax laws governing the ' deductibility of gifts of conservation easements. .-VII. EXISTING EASEMENTS AND RIGHTS OF WAY - _ --- ~.._ This conservation easement is granted subject to all previously granted easements and rights-of-way as the same may now exist or be • . constructed. ~ - - - VIII. CHANGED CONDITIONp CONDEMNATION A. Donee hereby covenants and agrees that in the event a.later - unexpected change in the conditions of or surrounding Donor's Land makes impossible or impractical any continued use ofDonor's Land - for the conservation purposes described herein, and the - restrictions are extinguished by judicial proceeding, then upon the subsequent sale, exchange, or condemnation of Donor's Land, Donee will apply any proceeds received from such sale, exchange, or -taking determined as set forth in subparagraph B.below in a manner _ consistent with the conservation purposes of this easement or for the protection of a "relatively natural habitat of agricultural, wildlife, or plants or similar ecosystem" as that phrase in used in _ _- _ P.L. 96-541, 26 U.S.C. section 170(L)(4)(a)(ii), as amended, and-in - ~ _ - regulations promulgated thereunder. B. Donor agrees- that this donation of perpetual conservation easement gives rise to a property right, immediately vested_ in _ Donee, with. a fair market value that is~ at least - equal- to the proportionate value that the conservation easement, at this date, bears to the value of all of 'Donor's .Land at this date. The proportionate value of Donee's property rights shall remain constant. Accordingly, if a change in conditions gives rise to the 'judicial extinguishment of the restrictions of this Conservation Easement, as set forth above, Donee, on a subsequent sale pr exchange of Donor's Land,-or in the event of a condemnation of all-. or a portion of Donor's Land, `shall-be entitled to 'a portion of the proceeds at_ least equal to the proportionate value of- the Conservation Easement as set forth above, unless the laws of the State of Colorado provide that Donoris entitled to the full proceeds without regard to the terms of this Conservation Easement. C. Donee acknowledges that one of the purposes of the grant of this Conservation Easement is to prevent a condemnation of Donor's Land for purposes inconsistent with the matters set forth in this instrument. Accordingly, in the event of a condemnation 'of 1 or -- - _- _ _ - - -- _ - -'-4 i l' , ~/, ~. _~-.. -. ..,- -RFiE.LcPI POIV NNO: 91 . :225 ~/' • a po=tion of Donor's Land, Donee shall join Donor in contesting any such taking and failing that, to recover the full value of Donor's _ Land, including-the value o£ the Conservation Easemene5 resulting _- from the taking and all incidental or direct damag _ __ _ - - ~ _- therefrom. Donor and Donee shall be reimbursed out of a any sucks recovered proceeds for their expenses in defending __ condemnation. The exercise or non-exercise of any right or duty createdherein. shall not constitute a waiver of any other rights or duty _ w TO HAVE~AND TO HOLD the easement granted-unto th onD the devisees - - - - -_assigns forever. Thersonalt representativesn and .assigns of ,,the heirs, successors, p ert sub'ect Donor, and shall-constitute a servitude upon the prop Y 7 - - - to this conservation easement. IN WITNESS WHEREOF, the Donor does hereunto set her hand on the day __ - .and year first above written. - - Ernestine Williams - - - ' - - - -- .. ACKNOWLEDGEMENT - _ - - - ~ - STATE OF COLORADO ~ ss. - ~--- - COUNTY OF JEFFERSON ) qq~~dd 41t„n,~;tA. _, -1991 by --- - ~-_ Acknowledged before me this ~yt[_K day of _ ERNESTINE WILLIANS• Witness my hand and official seal. - -- ' My commission expires: - •~-~~a/J3-9~ - -- ~ - s~4(•~~:..:::_~ ;7`~„ .. _ Notary Public -. - _._ -- --,__ `•?,~:' '•{St~Sl)'.. Address' R'/5 L/10~di r,/ ~t. • ' .. •;;,~ ....: • ~, '••,•. ~'~• En ---- - - - _ ' 5 - i .T ~-= - RECEPTION NO.-91 35 ~ - -_~_ .-- ` _ _ - -' _.. ACCEPTANCE - Colorado Open Lands accepts the foregoing Donation Deed of Conservation Easement.- - - - - - -- - - T ~ ~ ~'" Datn: -X.atru,.~.u~.c..'~0~1~K11 ~ _- _. _ - _ _; ' - -_ - ~ -- -- ~~ -- - ~ -~ --:-- Donald V.H. alker, Vice-President STATE-OF COLORADO ) - ~ - §s. CITY AND COUNTY OF DENVER) Acknowled ed before me this ~~' n 4 ~. day of -(J.~Im.~.Ll~ - , 1991 by Donald~V.H. Walker as Vice President of Colorado Open Lands. :Witness my hand and official seal. My commission expires: ll• :3 -~5 - ~`~ ~ - ----- -~ -Notary Public ~T: ?;~6ea1) ~~`~r ~':•• "~; - - - Address: 9~f5 6/-0.¢~/ia/ •~1... i - /~ p / =: • 7. ... r ,~ . P,. •,.......•••r ~• coloracl.~lands ~ - ~31~~ ~1Qlrr.~, ~Jiaceo°~+~ I~e~.:~ r~,_~~,u,d., ca~2cl ~ ~~cc~, ca~an~t~d7,~, .~reaei-+laryc~'. ~-..4ta~ ~i.¢cu. ~cc~cQ.c~.. ~ a~.Q .t~ Mnrc~ ~ ~-c~. ~- .r,Yi~Q, ea~.e. ~u~, as u ao ~ ~-~ ' ~"' . `~ ,~ ~~. ~'- 6 ^ ^ ~, _. Y ~~_,. ~._ ~ - _ RECEPTION NO 9132(7225 - / _ _ -_ ___ Exhibit A: .- - __ - - - ~. The'POllowing parcels in Brookside, a Subdivision o£ the NW'k of ~ _ - --_ _ _ ,___.. -,- Section 28 and the S54 0£ the SW'/. of Section 21 in Township 3 South, .Range 69 W, of the 6th P.M., Jefferson County, Colorado to wit:. _ __ - - ~_ _ ~ ~ - 1 E$ of Tract 13 and th S th 4 f - 'b / ; .- -,- . e ou acres o W of Tract --- - - -- -- -- --14, Brookside together with ditch easement over the ~ - . _ _ E. 5 £t. of the W'/a of Tract 14 Brookside, except a -- - - - - - - --- -- -- -tract of land in the NW corner of the E'/a of said <.- - - ~ -- Tract 13 described as follows: -- _ - - -- - Beginning at th_e NW corner of the E$ of Tract ~ - 13, Brookside; thence e:.sterly 75 'feet- along - -- - ~ --- - - -° - - ~ - --- .-the North boundary of Tract 13 and the South - -- - °-- - - right-o£-way line of West 36th Ave.; thence . ---- -_-- -- - - - _ South parallel with the E, boundary of Tract 13 - ._ - ---- -- --120 feet; thence W. 75 feet; thence N. 120 feet - - _ - - _,-to the-place of beginning. ' - -_- '. --_ _- :_-.2. ~Wy, of Tract 13, Brookside subdivision except the - --- South 25 feet- thereof .and except that portion ~ ' - ~ - - platted as Brookside Townhouses. -- - 3. A portion o£ the EX o£ Tract 12, Brookside, ~- - --.- - -- - - -::described as follows: - -_~- ~~~ --.Beginning at a point which is 963'feet S. of - - ~ - ` - --- -- -the NW corner of the E'fi o£ Tract 12, Brookside; ' thence S. 335 feet, more or less, to the SW _ _ __ - _ _ _ corner of the E'b of Tract 12 Brookside; thence - - - - - - E. 164.5 -f t.; thence N. along the E. line of - _ - the E'6 of Tract 12; Sreeksde 335 feet.; thence - _ - '-- _ -- - -- -` --^` "=W. 169.5 ft. to the point of beginning. - -- - -- i i. ,.yr ~ ~ s s. y. ~, e .w „w t 'PF < ` ~ a~ - :. ~ F 1P30TC~ER'S sTLt7IPfJ I 5 i = 'r .- ~ n~.,,, . ~ . TIIIS DEED Made tlm ' 1 C ~ , S " ° f i, in the Y<ar of our Lord one thousand nine hund <d and seventy I . - j:bptwr<a DEVEIOFfENT PROPERTIES IIvC ~ ~' ~ , _ I _ - i c trporaho:r duly orgdn'zed and exuting'under and Ly nrtue w ~th< lax ~•~~ ~ _ tv~ _ of the State of ' COlOradO of the fuse part, Sod - ~ 'A ,Ex CITY OF krI-TEATRIDGE -COLORADO' ~ -- ~ ~' ~ ! , . a'eorporauon duly ogganized and existing un 7er vd sy. virtue cf the laws' . °' !~~ c ,. DE the State or .Colorado bf the second part: I ,;V r _ - WITNESSETH, Thai the viid party of the lust part. fe r , din amsiA<raton of tF e sum of One Dollar and otla . .er valuable considerations ~i,~ i :v the aid party of the Eirat'put in hand pud by the said party of the secovd park the rec ,Dt whereof is hereby .,' confessed and ackn ledgcd:-hash Rrani<d, bag Wed. seW a 1 u aq-ed. and by tbcse pm cots does grant, bargain, `3eII cum hY and confgm,, tmlo the said party of the second pa f, its successor'and assigns forever, aI! the following - I ;. ,~.. - or par<cI of land, situate; lying pod being in :he Codn d""b`d - tyofJefferson and <ia.<of Coioradb to-wii[ 3~a-inning of,.the. Northwest corner of Section 2S,- ITawnship.,3 Sout.r,,Range"69.West`of_the 6th Pr_in_cipal Pferidian. ~ - ` Jefferson~County,~ State..o£Coloado.-~ ~ - - - - Thence $oyth 30.feet,~Eo the,Souch Rights -of-way line.cf.kest 'sSth_. I Avenue -thence 1319 8 feetyEastvEo the point of tieginning;-thence -. South ahong the;We'st line„of Tract'"13- BR00[CSID£~_1265 fcet~to a point ocf°the Ncr•th Rights of~uay'line oBWest 35th Avenue; thence East 40,: w,< (feet to a;point, Ehenceralong t),e_arc of'a'curve concaved to West,-, II23'S62 feet whose radii,is,15 feet to the' forth, thence Neith 1235 feet to a:point 15."feet South of. the South Rights-of-way'line=of 1 (West 38th PVenue,-.thence along the arc of a-curve ~o the right i of beginningwhose.radii is 15 feet; thence_8 ~i~o_t y`poYSit .. ,. ~ - ~p' - -. - TOGETHER th all and ngular the hercdttamenis and appurtatanc~ er<+rwb - -_ gir,Y-anywise I. aDDrrP Wing, and the re <rsion and rtes <nions, remainder and remmnders, rev A, issues and Drofits thereof; and all - I~ the estate, rigF.:, titles interest, claret sad demand whatso<r<r of the wid party eE the first ya¢, either in law or cgmty. of, in and to the ahoee bargained premrsea. w'itS ~ehe herrd.tamrno and appurtenances. I TO HAVE AND TO HOLD the said premtses above Largained end dcscril~ed, with the appurtrnanca unto the II said parry• of the second put, its succeuon and assigns for<rer. And ate said De ve 1 opine n t Properties , ~L, ;, Inc -- --.. - .- VutY of the hr t p rt for tself, is su¢e sots and assigns rnh °n rnant. gran:, largain and aS~ee to and with the said p rty of the second y rt. tts umessors and ass Rna that at-the time of the enseal:nR anC de7iverp of attar yces- mt.+ rt t: well seized of tb< premtses above conveyed. as of good, sin c. perfect, absolute and hid<feaible testate of I ii,hen antt in ]aw, in fee simple, and hash Rood right, full power and .aw:ul xuthurity to Aran t, bargain, sell sues rvnsea tl e_+ame iri manner and form aforesaid, and that the saox arc free and clear from all former :nd other Rnvt arloin.+, ales, lien e, hies. assessments and inrum branccs of wbatevv kind nr n::urc soever. exC2OC' 4_general property taxes-for-the year 1971 and subsequent years and -- I I~except a_ righ_t_of wa_y and easement for sewer lines, ov 111 North.8~feet of the within described er the property. .II and-d< abuse Latgain<d premises in the quiet and Deaceable pus <ssion of the satd parry of the s<cord part, its sue -' 1 •essors and aas,gns against all and eveq- person or D<rs_)ns I wfully c:aimmR_u• to c:wm the whole or any part II ' th'erevf, the aid pang ~f h • (int Dart shall and ,0 R'.\RILA\l A::n hOFa:\'Ek DE.FFSD. ~--- - - ` ~~ -~•'* IN WITNESS WFiEREOP, The uid party of the fie: Dan path caused its cn•pnraze naru :o he hereunto auh~ ~I scribed, L,v its ~ president. Sod its corporate seal [o b< hereunto affxeC. attested by its secretary, the day and year frret shove written. - _ Attest Ie~_' J '- -- DhVELO~\*I` PRQPc 47I~• o _` ~ ~ _ •- j^jj -- i _. ._. .. 17 / ~._"_ _ ~ ~_ . __ - -- S.c .uy r_- 1 - S 1TICOF CO! ORA~O _ _ - - ~ ._ - _- - . Ti. CA `°", a ' ~- v :., U C + ~. t I i Y , a -~ 1 Jeffer I ' ~: - .._:Coun y uL. S9n._f - .. - I . ru''°n rot going ipst vmrrt was arkaowicdged before me eh, .1S~i day of OC CUbeT 1 l'+70 > G.' Jerrv Castleberry ~ - ~-' ~ ~ , as - ~ -- . ~ ..- ._. w,y' .._ ..,, Pr<s den. avd = #` ?srrPS R. Ptti l?. ias ~_ - _~ a- --.s a, -~~ d' f' d ~~ i ~® a e; ~~ .:. ,':v... -' ~ ~; < r . ,; i7G, .,.-.- In. ~. .Geld n ~.~. ~.~ CeZernd e.. r-, _ '~~~~~ i t L ~~nchin~tnn Qvo_Gn7 i Dt ~ DN6 HCt ~lDN lYil MYYlfYi \i f ' '~ '..j , t .: .. +, tsF ~` ? A l~r 7. ~ _. ~ ;,. , `- N > ~ .~ v ~ .... .... .: i. r` z: -- r ...o v r i Il ~ : 4 - i ,.. x a v t~ ar~ad in m ' ' y ,~ ~ , s , '. ~1 v ;'^ .r g .t ~ i~ r s , . J f: ,~2 ~~ 5 , w ro t t ~ ~ I~ " c ~ fQf O 11C Y1191GL ~ Y µr4 ~ if a o r .. ~ -. .:.:.- r. * ~ ~ ~ 7600VJEST 29TH AVENUE P.O. BOX 638- - Th@ City Of WHEAT RIDGE. CO 60034-0638 {303) 234-5900 cWheat City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge May 14, 1992 Mr. James Mosley Mosley, Well, Johnson & Ruttum, P.C. 303 East 17th Avenue, Suite 400 Denver CO 80203-1257 Dear Mr. Mosley: This letter is in regard to Ernestine Williams' request for a street right-of-way vacation for Quail Street extended north of West 35th Avenue. In addition to the application itself, in order to process this request the following information or documentation is needed: 1. Copy of the original dedicatory document (if available); and 2. A record of the original grantor and land from which the dedication came; and 3. A list of the current adjacent property owners with copies of deed showing ownership; and 4. A $50.00 fee; and 5. A legal description for the right-of-way to be vacated. If you have any questions or wish to discuss this further, please feel free to contact me at 235-2848. Sincerely, ~' '~ALC.Li't- ~CfiCif~-~~ Meredith Reckert Planner MR:alw cc: ase- Na -~~] g~-i f- ~ i---a~ (3 n.,„o-~d r~a.~~ ~ ~ ~ ~ M E M O R A N D U M TO: •,y`~John Hayes, City Attorney FF2UM: v ~leredi'th Rerkert, Planner RE: Qua:tl Street Right-of-Way Vacation DATE: August 17, 1992 Attached is a copy of the dedication for Quail Street south of West 3ath Avenue adjacent tc Ernestine Williams' property. The grantor was Development Properties, Inr,. How does this company relate to Ernestine Williams? Please advise me how to proceed with this request. MR:s1w cc: wv-9z-1 M E M O R A N D U M T0: Bob Goebel, Director of Public Works FROM: ~eredith Reckert, Planner RE: Vacation o£ Quail Street DRTE: December 4, 1992 John Hayes has requested this department to initiate a street vacation for ¢uail Street between West 35th Avenue extended north to Lena Gulch as it crosses Ernestine W311iams' property. Attached is a copy of the original dedicatory instrument. Please have the legal description reviewed and, i£ inadequate, make adjustments where necessary, or prepare a new description all together. MR:siw attachment .._- N',vO':1~FS' 29TH . ~L'P(Uk P.O. E3C)X 6s8 4VHF..AT RIUtyE. G.<? 8003-V~Of38 13031^e34-59001 c~i, a~.y~,;~,. r=1 rr 23•t~ s. January .1.9, .1..93 Palace Dept. Fix x 235~294J ~~~a~ ~Ridg~e The Wheat Ridge Department of Community Development has received a request for _~~5rrav:al ~~f a~ro.~,osF.~cl right-of-way~vac:;at:ion .~ ~_-~ at the prrperty described below. Youx° response to~the following questions and any comments on this proposal would be appreciated by ;r,.r,'Y'"~~. ~ < gr,~ ~ No response from yots by this date will constitute no objections or concerns regarding this proposal. CASE NO: WV-93-1 LOCATION: Quai.I. Strec3t bc}t:a'een West_ 35th avenue & Lena Gulch RE~UESTBD ACTION: Street vacat.i,on PURPOSE: Case of land as a conservation easement APPROXIMATE AREA: n/a 1. Ara public facilities or services provided by your agency adequate to serve tkx.is development? YES ,/' NO~~ If "hI0", please explain below. 2. Are servcoe lines available to t2ae development? YES_ -/ NO_- If "NO", please explain below. 3. Do you have adequate capacities to service the development? YES___~_ NO~ ____~ If "NO'°, please exp].air. bc--low. 4. Can and will your agency service this proposed develagment subject to your ru3©s and regulations? YES~.~_ NO__ If "NO", please explain below. 5. Are there any concerns or problems your agenoy has identified which would or should affect approval of this request? ~,_„- ,~-~ x~,-s t ~_,, ~~~+ ~ n Please reply to: ~! c.~-'S~c~~~~`~~- ~~>~C-~~ M. R~::c'k E:rt Department of Planning & Development DISTRIBUTION: XX Water District (Ccnsolid<~trd. tdut:ua:L) XK S~tli.tytion_ District (We.stridrl~ XX Fire D___ j.stric~j ( Wpaat Ridge Adjacent Ley { ) F.X Put~1. is Service Co. XX US toast Communications State Land Use Commission State Geologiral Sti.rvey Colorado Dept. of Transpoa•tation <pr,>refer.ralform 06-26-92 The City of American Cable Vision Jefferson Co. Health Dept, Jefferson Co. 5ohools Jefferson Co. Commissioners Wheat Ridge Post Office KX Wheat Ridge Police Dept. :~X Wheat Etidge Public Works Dept. Wheat Ridge Parks ~ Recreation Colorado Div. of Wildlife Wheat Ridge Hldg. Div.is9.an r, >f'' ~ 'SQQ 44'F.:iT 6'9TFi ieV"NUc ° , 8GX 539 ° ('7~4E' f.r'(tjr a kJF^~itT nIUCat. Cv y~,iJ34 L,u".38 i3~::3} 2a~.590~ ~~.1P.+clg Ci4y~°7rra Far;x?C~S!„2» Rr,~:i~;~DaptFa~s~?5c94!~ ~.~d.ges Jastuar~° 1!3, i931 The Wheat Ridgy Departmgzxt of Community Davelapattent has xeCeived a regssa3t f'ar ar~c:~~~l of a Rar«pc3:~e;:d righf:-cf-war ~;"acat.~.crn~..._..._-. ~._ ......"..~_.~...._, ®_..._ at irYse property descrihed hela~ra. Ycaur xts~pansc~ to"tl:a fcil~vring qu~xstions azsd any commersts an this prapasal would he agprscia#-pd lay~i'P"i)"l9"iYy~_..~r~,3.~ .. Na reapone~ from you by this dat® vtill conr~tit:uta nc at5jectiens ar Cencerns regardinzJ this proposal. CASE: NCB: 1~'tf-r33-1 i~vC:ATZt73d: ~;~bta.i;l, Street between G9ast :+5th r~vartue ~ L+~r~t: Cu:l,ch RE~UFS'SFD AC'~TCt~:: ~,t~raet v.a~atir~rt ~E°~~;~°1 ,~~?'t.~~t~ t fS'~....._ PEPRPCHuE: U:~r_ cf lane: as a eazsa•ar•aatir~n easement APPRi~XTM~?,TE AREA: nfcs -~ ~~9 ~ ~ ..°~` ".~lr; ~u pIVEE.~;6'PJEE~iT Vii', Are public #acilities or services provided by year esgenry adequate to '+. ~~, sprvs this d,evelcpmeztt<^ ;~, ,' Ye~S~_ _- t7d... Sf "AbC", please eacplairt tasle7w. !w fir,. Are ssxvice lir:es available: to thD development? j, \ ,k~`~YES.. NC9~emw_ Tf `°Nf.7'", please explain laelrsw. ~~°`J3. Do you have 8iir~r~saate capaci•tir~ca to sezuiae trig develapmesnt? ~ YES__ NO,,.~.® If "f3C", plda~se ext~xla,in below, ~.~ {~,,,•Ct1n and will your ,agency service this prcapased development subj®ct to ~, y~ ycux• rules anti regulations? «ti, ~ }~y YER iv"p.~_ _• if "NC7°P, please explain bel~sW« ~. Are there sany c©nc:ernr3 er prabtems year c3geneY has idt,i.£3.eci »ahich wot;sld cr should affect apg~roval of this r~sgtiest7 ,f` %" x F1es.,Q reply tc: J'~'~~L~"°:C.-~..:re!~ ~r:..~?:..~'_.t _ Fu7 _ ra r;, r~ r. u Dep~rtmerat cf..Flazrrtia3!g & Develapment 17757'Rit3UTSC9:N: .•.X Water Distziet (C.nnsc~lid<~t.ec~ Mutualj X:s Sanitation District f[ti'astr.ir~gr~ X:? Fire Di;~tr:d,ct ( 4ti'Y:eett. R~cirxea AcijaCent Cit~r ( j ;~SX,.E"u~:L.ig_•.Se~vace Ca.___ ..~.a_. XXa f7S,_i~+s~s•t Communfc~tions °, Sate ~`rLarid Uae Gaasssnissiazt State Geolt~gicral Survey C`-c~:lryr~clca Dctpt. c£ Txanspcsrtaticn Cpr•>raferr.~alfarzn U6-Z6-~~ C.~ Ameritwan CabiE. Vision Jef£c~rson Co. Health Dept, Jeffer~ran Co. Sahoals Je££erson Ca, Commissioners ~TtSeat Ridge Pcst t?ffi,Cq XX Whsagt Ridge Fa1:1,o® llept. :~X Wheat Ridge Puhiic Wcorks Jegst. wheat Ridge Parke & Recreation Cn7.raraclc~ Div. cef W.ilrili£~s Wheat Ridge Bidg. Lltvisiszn e'.' ~,~,i:~ ~v~QI~ZtF,H~~ ,:r ~Zf1;) h.,IE~~S~'~ ha O~Z,~1'd b! ~_ i',t~ ;.~? .. ~ i THi: ~C0~3SQI,II)ATEI3 IVMU'TUAL `~~1TFsR CC?MP~:~Y 127009 West 27th, e4venac • i? tJ, I3ux L50C>N L:~:KELYrCDf.)IJ, C{}!,C}9t..1IAfJ X11215 'Ielcph«t~e 235-045i January 2'7, 19'3 3 Ms. Meredith Reakcrt City of Wheat Ridge 7500 West 2!3th Avenue t+iheat Ridge, Colorado 8003#-0638 C:f '~,° ,tire„ c°."E_ge;° :, a ~rrw{`~" ~ ui~f f ~ `- ~~ k i~... ,^~~ t ' 3 0.ov:.a k_ , y v r {{ j?"'x.~,ii~lsi~.tl e~ L~:`b~c.E.~F.~°aE.hiT Re: City of Wheat Ridge Case Number WV-9:3-1, Qua.i.1 Street from GVe.,t 3.5th Avetxue and I;ena Gulch, Street Vacat.i.an Dear. Meredith: This will acknowledge receipt. dated January 19, 1993 regarding pr. r>perty. Please be ar.Ivised that the abav~ in an area served k>Y The Consalidated virtue of a Distributor's Contract Saard. of your. cct.r.respondence tYtc above referenced referenced prrxperty is Mutual 47ate.r Company by with the Denver Water The Company has an exist:.ing 8-inch Ctxst. Iran water twain in Quail Street rurxning from West 38t.h ilvenue north appraximately Eighty-twa (87.) feet past Lena Gulch. As a result of the above mentioned water main, thr.=. Campany objects to the street vacati.an until the ownerfdevelc:per can arrange far an alternative laaation a.r an Easement tYaat would. be aor~eptable to the Company. If You Nava any qucstians o'r comments regarding tYxis corresponcience, please oantact this off;i.ae. si Superin MEQ:ds stributi.an oc:: Rabert J. Rivera, C:MIJCo V.i.ce President Engineering and Operations Lynn C. Y9cwman, C'MGdCo ChiefF.nrlineer Dantxa Strong, CMWCa Engi.n2eringjDi.strik~ution Clerk January 27, 1993 Ms. Meredith 12eckert Dept. of Planning & Development City of Wheat Ridge 7500 West 29th Avenue P. C. Aox 638 Wheat Ridge, CC7 8003A-0638 Re: Case No. 6dV'°93-1 Dear Deredith: Pwblic Service Company of Colorado ?701 4V. 7th Ao-enue Uenvet. CO 8i72Q4~174 ~- ~. ~3ts a:3 ~i r ~ ~ .~...,. u i ~' 3.,E P { t t " t, : i ~ ~,a ,, a'"'~ ~~.~;~~~~~~~4; ~ ~~~~:i~Fir;~N~ Per our phone conversation, Publio service Company of Colorado warai.d like to make a request regarding the vacation of guai.l street between West 35th Avenue and Lena Gulch. We would like to request that a 10.00 foot wide easement be retained, so that our gas mains anti electric service on either side of this vacation could someday be aonnecteri, if needed. We would like to reserve the West 10.00 feet an this vacation for that purpose. sincerely, _. z, ~4 TonykWilaox ~ Right of Way Agent D.istr,i.bution R.i.ght of t9ay TV7: lm NOTICE OF FUBLIC HEARING Notice is hereby given that a Public Hearing is to be held before tYte City of Wheat Ridge Planning Commission on March 4, 1993 at 7:30 p.m. at 7500 West 29th Avenue, Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or submit written comments. The following petitions shall be hoard: 1. Case N~ ~,~IP-~.,2~~_s An applioation by Gary Tacconelli for approval of a Special Use Permit to allow a Class ii home occupation with variances at 3978 Harlan Street. Said property is legally described as follows: Lot 1, Hartung Amended Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado. Together with a non-exclusive 15 foot ingress/egress easement aver and across a portion of lot 2, Hartung Amended Subdivision. 2. Case I;ftS. Wy-93-lt An application by the City of Wheat Ridge far Ernestine Williams for approval of a right-of-way vacation for Quail Street between West 35th Avenue and the south sides of Lena Gulch. Said property is addressed as approximately 11200 West 35th Avenue and is legally described as fol7.ows: A parcel. of land lying in the Northwest l/4 of Section 28, Township 3 South, Ranges 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado, described as the South-`275 feet of that tract of land described in the official records of said County and State at Book 2240 Page 846. 3. Case NQ,,,_.,,5,_(j.)?.-9_.~-~ An application by Elinor Campbell DBA The Red Barn, Inc., for Gary and Judy Pettit for approval of a Special Use Permit to allow the parking of more than three (3) semi- tractor Trailers on C-1 zoned land at 6105 West 44th Avenue. Said property is legally desoribed as follows: The North 280 feet of the South 310 feet of the West 1J2 of the Southeast 1/4 of the Southeast 1/4 of tho Northwest 1/4 of Section 24, Township 3 South, Range 69 West. Except the West 100 feet thereof, and except the East 20 feet thereof, State of Colorado. Sandra Wiggins, etary ATTEST: Wanda Sang, City ClerJi To be Published: February 16, 1992 kheat Ridge Sentinel <pc>pnsup925/wv931/sup93l P O.~d%G3B TELEPHONE: 901'237.8944 The L'ity a/ 7500 Lti°E57 :9TH AV~'~ , VanEA7 (tl CtdE, COLOFiAOG 80034 [,[ x 7t,i ~i (~y _ V~V llC~rr`~l POSTII{G CERTIFICATION CASE NO. ^. '' ;;"._ ,~ ,,. ~ .,__..._.e._..~..__aa,_~-. e..____. ~,_PLANNIi{G COMMISSIQ~{;` - CITY COUNCIL - 80ARD OF ADJUSTMENT HEARING DATE: " ~~ .' ~;~ '° '~ T ,. ~ , residing at r n a m e ( a d d r e s s) as the applicant for Case No. ~;'':`~,%: `;° ~; '" ;, that I have posted the Notice of Public Hearing at hereby certify ~( 1 o c a t i o n) on this ~,~~'." day of ,~"% ~ ~<---' , 19 ~_._ and do _ , hereby certify that said sign has been posted and remained in place f'or fifteen (151 days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. ~. r ~ Signature: ~~= ~~' ~, {~ ~..~~~ NOTE: This form must he submitted ~t t~T~ pu and will be placed in the applicam-tts Bepartrnent of Community Devele~ment. Z m ,,. ¢iearing on this o,~se q' file at the ------------------------ - --- ---- - ~-. ~ ~ • 13! R q V , 1)' 4 , \ 1 (~ ~ - l_..~m._,._ _...L_. Yl~x'~iM evF~~` ~- --i . r_.~__i._..~__ ,...---.._~._... (Circle One) ,.. ~;oo ~v~sT er'ri Avenue Tire Cit of p.o r~ax a:sa Y 44'HEAT F;iDGE:. C)O S0.?340~ ~S i303i 234-`9iiC' cheat City Admin. fat ra 234~G!22d Woiicr~ L~ePt. Fix # 235-2949 +~~~~~ F'e1.7S.'UE1L""j lb'r i~3~ This is to inform you that Case No. (~'V-93-93-t ~ which is a request for apl~rnral of a ri<rht-o~-ts'c13r ya{;,r'+ti{fin Fr;r )~ta;i <'y' yc~ct j,y.t~ 41!t.~}7 Acr E~n~~ '~r}~}c='. sntt t-f~t Siel ~~~. cif T~c?na C,ttl c^?~t for property located at ____~nr~ ~Yirna_r_~=1 v 11 ;trsn w,=stir- 35th nuE~nu~Y will be heard by the Wheat Ridge ~F'? anni iL3 Commi4si~,r in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at _ 7c30 x>.rn. , on Marcl'i ~4. 1r3r33 All owners and/or their legal counsel of the parcel under consideration mum be present at this hearing before the Plannin<~C~~innta.ssion As an area resident or interested party, you have the right to attend this Puhlic Hearing and/or submit written comments. It shall be the applicant's responsibility to notify any other persons whoso presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform 1 ~, _f l_, :~ 1, ~Wu,~~ ti a: ~~ ~ ~ o ~ d m ~ ^ [i u ` r9 ~ I s ¢ ~ W It u .? Q.. t r m #x u I : y~ ~ 3 ~ N r, " ~ - J L Q' ' eV ` ~ ~ A s ~i ~ i. i~ ?1 ____ __ .. .~ .............I ~~ a :ti ~ ~ ~. c W m ~s . (Y r 7 e r Z ~ n *~ t ~ ~ s ~~ ~ ~ LLJ ~ r a yi ~.,:: G u .-"~ :O w ~ _ ,.Y i tom, - L y }~ k" ?{~ •Y } y M I t y~ L ~' {II' r^fi L~rc. ' k .^ ~r ~C~3 ~ .. 's -, '4J ~"" hj w ~;~ r. ' "w t ~ ~ ~ ~ 1 ~ ~ 4°p'~ ~ ~ . ~ R'5. ~ .41 ,b 4 a$ ~E 4 _ • sx 1 o LC N C. ~ {~ ~ r^, ~ O r i, @~ tp Sd z.F '`~ ~ ~ s 1. S G h I D~ ~ I k7 I k ~ .cam ,_.- I S .. µ ' a F +'~ r ~~ yy ~~ ~M ~ ("'` ~~yq, Y C) ' M I > t 1 r w dpk Q~ ,"y ~" r rl °F ~ = M `~ ~ ~ ~ ~ CJ C ~ i. ~ ~ ~ L ii 14. M v:- ._~... y .. ._.. _ Oss { 0~ t ~~ P ~~ € e ~~ ~ ~ _: ~ F ~ ~ ~ f ~ p~ - ~ - _ ~ I ~ s ~~ C LL ~~ m .~. I R # . ~ n.. ~T ... :« F..~ ~: 3 _ t~ ~ ~ m . , ~ ~ ff ~ w a ~ t M Q 6E't IJC~b E~ L~ C3 ~ ~ u v ~ a ~ ~ ,y v r) ~ . Y's S I u u k r9 ~ u ~ I i y m o1 ~ ~. Rl I~ v U ~ {~ Rs .s ~' c c ~ I ~ ~i ~ F W (.~ y ~ ~ ~ > °~ .^ .... __. _... 1 ~ ~ & ~ µ 4 t `a ..Y ` ~ •) s ' :AT ~, ~ Y r 'i f .' 7 5. ~'~ Lt :f ~1 ~ ,6 4 y ~ ~ yy ~ _ a - ${ yet :. a 4Q t '''~ J v~ f " ~ r~ OSl ~ ~>~ ~~ .{ G `C L rz ~ . ~ ~ F 1. zt •.~: .: _ _ _ __ I A ... ~,~ ~ y J I } ~ ~4 ~~ ~ ~ y i. L ~ {~ '_ '~ v V, J~ 1 ~~ .~I ti ~` s. ~ 1 W 1 ~ L C) C! i I7: IL tf) r } ~. t$ .: ^u x. ~ f ~~ Se s' U 11. 'f SL, CC D~ ~,. A_. c ~:- Il 4 _ 4 it ~' y ~^ ' l' ~i tii a U ~ R ~ ~~ li ,. ~ ~ n C5 p ~ F ~ ~:: '~ ~ ; o~ 3 ~? a m . ri i7 n ~' n ~ m c:: ~ b ~ I _ 1 n,1 J r~: ~~ 4 ~ ~i ~k 4 { 'n 4 `~F ~,- _ 4 a 1 s s Y8 S r ' ;r 1 rr ~ l ~ ~Y 1,.. `! . ~ ~~ e 'a~ ~, -~ M1': a~ w r + ~ x ` ~ a~ •d: R ~ f f-r .r an, f,.. .,n -a? 6'E`E ~i26 E~6 :~ ~-, _ , A 1 f r~ I 1 !'~. \ / ~ VCy'. ~' ~ W . 1 D N ti f]" Ll. ' ~.. l L U I m ~Y. ~ '~. a . r: a~ r3 ~ <* ~ ~~ y N ~ '~ ~ ~ ~ ~ p 3 l M +M ~' j ,.' ,~ ~ ~ ~ ~ ~ u y? • ~'! ~ i. i~ ~ `l _. ~.. 1. LSw` r E try P V.g ~ r €. r ! -- a; i : Y ~ g ~' .N4yu! ' ~ ~ i=:. K `~ T qi ~l ~ ~ ~v li O ¢M D ~ J _. ~ d j S . ;G u ~ L ii ~ Gl f.'] LL 7~ i -: a n Q u- \a ~ f, i ' j r~ W ~ C LL ~ ~ tV R1 ;. i.ll v ~ ~.. ~ , Q~' 1 p d c ~ ! ~~ `~ l Y C . CL t I v ' _a t ~ ~ __ 4 ~ c~ ~ a ,? ~~ .. ._ . V L.. E~~ Tp 1~i ~ ~ ~~ pn~ ~ ~ ~ V.I 4"~ a~4a rc f ~ .u ~~ "~ A. ~ s ~ RI ~ 4i f ~ N ~ ~ X ~ ~ ",{ ~ ~ .~ i.. ~ T ~ "t , ~, 7. ~ ;x ~ r u i !~ w ~ ~ 3 a1>6 ~ /~{~j 4W ~ 2 ~. \V. M ~ Ts ~ .-4 ~ ~ '~ ~`1 ~ k L Z t' ^Z ~'_.G;.. tfl . .. R' ti-u %'a a 'y ~: _, ~ ,~, ~. $`< ,m 'w; ~ __ ~-t' %~ ~ _ d s ~• I; i f u A B.Y vFd Lh~ E~26 E2F~ ~ E ~.: ~ ! f: ! ( i 1 ~"" ~ i ~i L ~. a. I :q M ,,,, s „~ >~ ~. YS w e ~, v'+d S4 -i 6° ~91~ ~~b i.~~ C~. J 6 ~'. G _ 1+2.d L"71 s~ L e ll ~s 6s E~} rr __ ~ ,~~ x .p a; rl q, ~u w p ~' v ~ iv ~n C', X13 ~ c Sj U ~. L ~) . ~. <~~u ~c a m i %~ ~; _~ '~ ~ ~ n. _..... 'Y ~ ~` _ 4 l a 9. `~' `N_ ~~~' £ „n_ ~~ ~ ~~ h (} L e ~ h dl ~ ~i f - r .. Yn >''. r q y' i r, S l k ~ ~z a 9 a I R e~{1. Otf~ Lk "' i'JL - ~e •_,~• ryOry. Q~. iY y~~ k pry u if] V ~ •~ Y `° `~~ ~. ,_ y . ,GC~ .:~~ m v. i 4~ (:1 K ~.: +]) t<i F'S n ~ ~+ i m "~ ~+ f ~~: ~ ~ ~ ~ ri a ~. _JJ l^f ~ ~ 9 s 4 C! <> t ~,~ M'~ Rh~~1 ~ rr, m 7 t/ tYt s ~; [r, Ik Y~1 O ~_ ~,~ J. ~ Y L 6 kJ '3 t] 1... ~.. cS 11 CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT 'PO: Plann.rtg Commission Date of Meeting: March 4, 1993 Case Na. & Name: WV-93-1 Date Prepared: I%ebruary 23, 1993 Case Manager: Meredith Reckert Action Requested: Right-of-way vacation for an unused portion o.f Quai]. Street Location of Request: Approximately 11200 W. 35th Avenue Name & Address of Applicant(s): City of Wheat Ri.dye Name & Address of Owner(s): Same. Approximate Area: 6,875 square feet Present Zoning: R-1 Present Land Use: vacant Surrounding Zoning: N: R-1; ~; R-l, ft-1A; B, W: R-1 Surrounding Land Use: N: Lena Gulch; ~: single fancily, sohool E, W: vacant Comprehensive Plan: Low density residential Date Puhlished: February 16, .1993 Date Posted: February 18, 1993 Date Legal Not3,ces Sent: February 18, 1993 Agency Check List (XX) Attached Related Gorresgondence { ) Attached ENT ER._.__INTQ_I2E~URD : ( ) Nnt Required (XX) None (XX) Comprehensive Plan (XX) Case File & Packet Materials ( ) Zoning Ordinance (XX) Exhibits ( ) Subd:i,vi.sion Regulations ( ) Slides JURISDICTION' The property is within the City of Wheat Ridge, and all not:.i.fication and posting requiremr~nts have 2.teen met, therefore 1;here is jurisdiction to hoar this rase. Planning Commission Staff Report Case Na. WV-93-1 I. REQUEST Pagel 'Phi..s is a City-initiated request far a riyYat-af-way vacation of an unused poz•ti.ozz of Quail Street between Vilest 35th Avenue and tho south side of Lena Gulch. This request or.;iginated from the City Ai:tor.ney's office. II. LAND CgNE'IGi7;tATICZN Quail. Street provides access f.ram West 38th Avenue from the north for two townkaousejapartznent developments north of Lena Gulch. The serest from the north ands at the ncarth side of the l~eaaa Gulch improvements. From West 38th Avenue south to Lena Gulch, Quail Street has 50 feet of dedicated width. On the soutka side of the Gulch, Quail Street ends in a caxl-de-sac bulb at West 35th Avenue extended. The right-of-way ,running north Pram the cul-de-sac bulb was dedicated .i.n 1970 and is only 25 feet in width. This portion of Quail. Street is unimproved. See attached Exhibit 'A'. Prager°ty an both sides of the portion requestted 'to bs vacated is owned by Ernestine Williams. Mrs. Williams owns approximately 1~ acres of land which extends from West 38th Avenue south to West 35th Avenue. Upon her death, aside from the house on West 38th Avenue, the majority of the property will transfer to Colorado Open Lands who will have a conservat:i.an easement on it. Existing on the Williams prapex~ty adjacent to the vacation request are structures normally associated with a farming operation. No other properties will need to gain access from the portion of Quail Street where the vacation is praposed. The vacation is being requested to ensure that in the future, there sa.ill be no street crossing tho conservation easement. P:Lease note that the vacation is for an].y a 275-foot-length of Qua9.1 Street north from West 35th Avenue. The legal descripti.c,ra was generated by Public Works. The reasoning bekaind the limited, footage is ghat the constraxct:ian and maintenance easement for Lena Gulch extezads well south af, the Gulch lt5elf. 'J:'iYe suggested 7_.75 foot extends nor'L-.h from Wost 35th Avenaxe to the southern limit of the maintenance easemezt. III. AGENCY REFERRAL Wheat Ridge Fire District has zxo objections to the vacation since there will be na additional development on the Williams property. P1.astszi.ng C'ammission Staff Report Page 3 Case. No. WV-93-1 Public Works is not fi.n favor of the vacation. if it is approved, it should be limited to the southerly 275 foot of Quail Street so that access to Lena Gulch for maintenance purposes is reserved. See Exhibit 'B'. Ccsnsa;tidated Mutual Water. has an eight inch water main in the right-of-way and wi.l.l require an easement aver all of it. i?ubl..ic Ser-aice has lines within the right-of-way and will require an easement,. IV. S'PAFF._._COIdCLUS_IONS Staff concludes that the likelihood of development an the N?il.l.i.arns property is remotes. Staff Further concl.zzdes that na properties will be landl.acked should the vacat.i.arr be approved. Should Planning Camnu.ssi.on recommend approval, Staff recommends the Follow9.ng crandit ions 1. Only the southern 275 feet be vacated; 7... A ut:i.l.i.ty and government access easement be .r.eserved over the entire 25 feet; and 3. A cut-de-sac bulks k7e built on Quail Street on the north side of Lena Gulckz. V. RECOMMENDED__MOTIQNS OPTIQN_._A_._, "2 move that Case No. WV-93-1, a right-a:f-way vacation fax° an unused portion o.f Quail. Street, be Appx•oved for tkie following reasons: 1. `f'kzez:e should be no further development on the adjacent property; and 7... tvo other properties will be landlocked. Gdith the following conditions: x.. Urzly the southern 275 feet he vacated; 2. A utility and gavern:nesst access easement be reserved over 'the entl.re 25 feet; and 3. A cut-de-sac bulb be built an Quail Street on the north side of. Lena Gulch." 4PTTd3N_HS_ °1 move that Case A'o. WV-93-1, a right-of-way vacation for an unused portion of. Quai.1 Street, be Denied for the fallowing c•easans: 1. 2. 3. " <pc>srwv931 CAST: raG. wv-93-3.. AGENCY REFERRALS SUMMARY X7t Fire: ____(tiVhcat Ri_c7_<xf')_-_'fdc t~rc~k~l;;asn._ ................................---- -.-._..-.-.-.-. ,i,~ Schools: Xi Water: ..-..~4<insclici,-z-tt~d .r7utual} T~souSd nc±t~d t~asrm~~nt aci_oss tYse esrt i r G 2.5 .f.: <.~ e t _--__________- ....................................................... ... . .. _ Xk .ewer: ....-...-.-(.uy.es.Lx:~L.cLi{•:: <` _r.S~.;~L,<~nss. - _ _.._.- .................__. __.--- -- XX US West Camrnunicatians: _ No i~r. csT~le==n-' ^_._ ..............__.-.-.-.-.-.-_.-___ ..._..-.-.-_. XX Public: Services Ca: .-.-.-.-.-.-_T^dUUld 1_i}c~_-._at .Lr~ast a _10 .ruc;t raasr,mcs?Yt. ---- State Loancl Use Cnnnn. (aver 5 acres) State Geologist: State Highway: --_- _------------------------_._....-.-.-.-.-........._.._.-.-.-_ .... __. _._...._.____ Jefferson County:(HEALTH, CGMMIS5IflNERS, PLANNING) _ __ ____-.. Adjacent City: _ ...............____.__..__.. ______... -__- .. -_._....-.-.-.-.-.-.-..._.._._..___ Anseriaan Cab:Levisan: ~.-.-_..__.._._-.-.-.-._-.- .............__.-_.-.-.-_____.-.-.~- _.-.-.-.-.-._-.. CIT`P L)EPARTMENTS ~k Public Works: llvv?s Yi(~.t.-.-._su~}.~_rt.-.-.-Vaca.tlOn. _ Zf it is aLiproVOC], it _s;:~ +~.t.is~.__1:e~,;..-4x??:.Y the___st;~}}_t_i"~~~rn.--?'75 feat. ____._..-.-.-.-._._...-.-.-_. _ __.-.-.. ;~}~ Parks & Recreation: ~.,:P-irks and Recreation-.-._Comm_issian reconunends approval. - --_--__ ................ ~{X Police: tw re_s.p~ns_e.~_ ............._-..__-.-.-.-.-...-.._.__...-._~~...-._-._-.-._-_.-_._._..__ Building Inspection: L~cJAgenc,p°refsum CASE NO. WV-93-1 .-..:....~.... s . • Adjaininq 39-2I3 w••e ]e m v nYe. . r r u.• u.e ~" I•-• rq-• _ 4• v r = Sa~ It.A k ~ sFE IN.a I { r E n' LARGER {• ` _ "' + r:j i.- -.. ~ ~ I R ' - r41 , T I YiP V s r pr = iet-A 1e '• SEf LARGER rc- • S f LAREER - ! ~ x uAP ~ YAP 1 w ~ Ol. ~ Se-xel- a ! 4 ari r1.0 ~ ir l - Y BANZHAP - - r>' E ~ ~w r ________________ SUB. i EY ,,,~ •Y y r.r 4m L'j9~ E O. W.~a -. ' r» w. = s Ea rt-[ " q us f '8 Y • - a om Qw ~C x-a ~ a x ~ wY w. SUR 1e- • SICK E Y = ~' :, ~O~l 7 l [ .s rx .. ~ ~ Y ~ ~ It .E uur n w ! w ` ~ aF rt ~ SUB. ~= of PA T ~ e[ r lv .aa r la ~ m R ! ± ~w ~ s . Ea e ~ w ~ /--~~ _ '` r rr f • Cf! ! r l! s~ a ~° a : . oor x rs 6 D ~~- W .r;~ 151n~ Eavn a r ~ H wn ~y^~ I.l (/ 9.R 1 WI / Ih) .~~ y r lENA[F[RS S 1 R "R i0 I1 RLIXMEE B R Q K .i 10 E [J' B' fR x ± R y ^ l.J o REIICQMTi4 E[YfLOIY[ r C~ S ~t-• ar r• r}E !EE 'ou • ~ ~t~~JEfFE fSM Cif C ~T `•-'/• ON Y.. d} IS ! = Wa ~ ~ Oro ? r : ` ~- r = + ; r T VALLEY . ~ •-• SEN -• __-. tt-. x._. ~ ~ ~ EM. ~ ~ ~ !aa aPP Ewoaa r lu k r..E I. • . ,~ oLS ~cr te. C'w7 ara a (~ _ s! R rt ° RI -we ~ • r}x OO }e a uQ PART OP ~ + K ?BR IVE TR cr 20 r ~ KNOLLS F $ ~ E1-• 0.1 r w • - ,M ~ E Br^Si-R -v .W SX (y~ 10.1 ~ r>Yw ,may. r~r~ 1 r i rr.w , i $ 14[ (~ ~ Y r _ ^ + (S ~ 1 $ l ! ? ., „ , ~ ~ 1 o x 3 12 f[ Fl6 ,eR NSlOE .YU ~ IH ! rR LEwO '~ (~ ~'' ~ APPLE t >i_ Rr ~ r r v e $ • n 5 0. Y n Y ~ q Y(• 1 ~~ ~ Err s ~ ! ' R04 K 0 E HILLS r+ • v • EPPCRT r,a - rX w •a• rn ~ +~ ou • MAJ6R [ ~~ ~e `0i1 a ., ~ ~ ~ • En • 8 NROUtS10E S . ~ ~,~ l. ! ~ sus. qua , /~, ti ~ -~ ~uw . , S h o _ ~ r xl.E !! • ~ ! R l~ ° 1 MANGR - EROaK 51 bE rdwl i G B CJ k R''odil Cr~ = 1 ? = ^ = sa ~ ~p 3 nr• ~ T -~ Y I ~ • x o._.T ..~_.. .....•. y h r 'M[, a . /.:.1 - . - I~ FST6YES ~ MEMORANDUMS CASE NO. wv-ss-1. EXHIBIT 'B' TO: RROM: DATE: Apprnved i:)at~ Meredith Reckert, Planner Steve Nquyen, Civil Engineer w>~~~ February 22, 1992 SUBJECT: Street right-of-way vacation of. Quail Street between 35th & Lena Gulch The Public Works Department has reviewed the request for approval of a vacation of right-af-way at the above location and is recommending against it for the following reasons: 1. The existing right-of-way strip was acquired and/or estab- lished for future connection of Quail Street. The Public Works Department desires to keep this option viable. 2. If the Council disapproves our above .recommendation then we would recommend. vacating the south 275 feet (please see the attached legal description and sketch). We recommend the south 275 feet because the north portion is occupied by Lena Gulch and the existing utility .lines. Please see me if you have any questions regarding this memo. ce: Jahn Oss, Senior Project Engineer r m OOK 5uv-82di CASE NO. WV-93-1 ExrrrBrT °c4 __- -_ __ ___ _ __J f__. I;B Raom ~I ti AREA OI~Rf V~A' ~~if y ..4_e _. R-/ ~- W i ~~ z s SUB z w J =4 ~tl ~' 4 0 E i '-~ (A ~i " L w ~ ~ ~ V ~ ~ ~r r~ i. I a ....._.._ . ...._ • wmw[ ; J I ~ .. ~ w ~ w o ~ .: '' ~ AREA `~ E~ ME ,; E ~ OR VACA P LIC _~.......... ORKS _;..........I. .,...,; ~~L•E ,mot ~ ~1~'~' y R-/A W 33R6 AVE a ~' i h - _ I ~ - ~... O ~Q~] i ~p N ~i W .-...3 _"I W ~ ' ~ a ~ Q I .» N.o vc ---~ _.. _ __..........L.._.___.._._....__. ~ ~ , .~ BR00 KS/DE _..tl._- aw Y ~" o ti ~W m _ :........ ......---- - ...... ~w.wwn~ mvw~: a Planning Commission Minutes Page 2 April 1, 1993 3. PLEDGE OF ALLEGIANCE 4. APPROVE THE ORDER OF THE AGENDA Commissioner CERVENY moved that Planning Commission, at applicant's request, continue Case No. SUP-93-1 to May 6, 1993. He added with that change, the agenda for the meeting of April 1, 1993 be approved as corrected. Commissioner ECKHARDT seconded the motion. Motion carried 5-0. 5. APPROVAL OF MINUTES Commissioner CERVENY moved that the minutes for the meeting of March 18, 1993 be approved as printed. Commissioner OWENS seconded the motion. Motion carried 4-0, with Commissioner ECKHARDT abstaining. 6. PUBLIC FORUM (This is the time for_anyone to speak on any subject not appearing under Item 7, of the Public Hearing section-of the agenda.) No one signed the roster nor-came forward to'Speak at this time. 7. PUBLIC HEARING 1. Case No SUP-93-1• An application by Elinor Campbell DBA The Red Barn, Inc., for Gary and Judy Pettit for approval of a Special Use Permit to-allow the parking of more than three (3) semi-tractor Trailers on C-1 zoned land at 6105 West 44th Avenue. Planning Commission continued this case to May 6, 1993 at applicant's request. 2. Case No. WV-93-1: An application by the City of Wheat Ridge for Ernestine Williams for approval of a right-of- way vacation for Quail Street between West 35th Avenue and the south side of Lena Gulch. Said property is addressed as approximately 11200 West 35th Avenue. Meredith Reckert presented the staff report which included slides. Entered into the record and accepted by the VICE CHAIRMAN were the Comprehensive Plan, case file and packet materials, exhibits and slides. Commissioner ECKHARDT asked for clarification of the requested easement. Ms. Reckert suggested that Mr. Goebel, Director of Public Works, could better answer questions regarding Lena Gulch_improvements. Commissioner CERVENY asked who would build the recommended cul-__ de-sac on the south side of Lena Gulch. Planning Commission Minutes April 1, 1993 Page 3 i Ms. Reckert answered the City would build it. Commissioner CERVENY asked the purpose of the dirt road pictured -- on a slide taken of the site. Ms. Reckert answered the road is used as a maintenance access .for - Lena-Gulch improvements. Commissioner CERVENY stated he understood that the owner had given permission for access anywhere on her property with the conservation-easement. Ms. Reckert agreed that was her understanding as well and thought that Mr. Goebel could explain the recommendation made by Public Works. _ Commissioner CERVENY asked why the 275 £eet would be needed. Ms. Reckert explained the location of the recommended area of -- vacation. Mr. Goebel had prepared a map of-the site which he brought forward. He explained further the recommendation made by Public Works. Commissioner QUALTERI asked if Mr. Goebel was familiar with the Colorado Open Lands Corporation.. Mr. Goebel answered that he was not. Commissioner QUALTERI asked if anyone was present that would be knowledgeable about this conservation ea~c'ment agreement. Ms. Reckert answered that Ernestine Williams' attorney, Mr. Mosley, was present and could answer questions regarding the easement. Vice Chairperson RASPLICKA asked for further explanation for vacating only 275 feet of right-of-way. Mr. Goebel answered he felt this was the easier and best way to maintain access/easement. He added that in addition, thought had been given to installing a gravel path to provide children in the area a-safer way to get to and from school. If the vacation is approved, it would eliminate that option. Commissioner CERVENY asked if the only reason Mr. Goebel preferred not to vacate the right-of-way was-the paperwork involved. Mr. Goebel answered since the right-of-way is existing, it would seem to be the easiest way to handle it. Planning Commission Minutes Page 4 April 1, 1993 James H_. Mosley. 11345 West 40th Avenue, was sworn in. Mr. Mosley stated he represented Ernestine Williams. He urged the City to deed the right-of-way back to the owners, reserving necessary easements. Mr. Mosley stated that when the Lena Gulch improvements were done, each property owner along the Gulch, including Ms. Williams, was required to allow access to those improvements. He went on to .explain the conservation easement and to remind those present that the utility companies have easements to maintain their lines. Mr. Mosley-additionally felt that public vehicular traffic should be prohibited. Commissioner CERVENY asked if Colorado Open Lands was the property owner or Ms. Williams was the owner. Mr. Mosley stated Colorado Open Lands has a conservation easement, not a title. to the land. Commissioner QUALTERI asked Mr. Mosley if Colorado .Open Lands is a private corporation... Mr. Mosley stated that was his understanding. Commissioner QUALTERI asked if they had stockholders. Mr. Mosley stated he did not know. He did not believe so. Commissioner QUALTERI referred to the Donation Deed of Conservation Easement, Article II2, page 4, referencing transferring the property to the Donee following the death of the Donor. Mr. Mosley explained that article. Commissioner QUALTERI pointed out that according-the easement agreement, the land can be used for agricultural purposes and that would preclude its use as a wildlife habitat. Mr. Mosley explained that Ms. Williams does not wish her land to be developed. Commissioner CERVENY asked staff how critical a pedestrian path would be through this property. Mr. Goebel stated there exists a question in the safety of children when negotiating Parfet Street to and from school. However, the Park and Recreation Commission did not feel a need exists for pedestrian access through the site. Mr. Gidley stated he recommended retaining the right for pedestrian access through the site. Planning Commission Minutes April 1, 1993 Page 5 Commissioner QUALTERI moved that Case No. WV-93-1, a right-of-way vacation for an unused portion of Quail Street be Denied for the following reasons: 1. Street vacations are not in .the best interest of this City's future and should be avoided; and 2. Public Works Department is not in favor of the vacation; and 3. The reasons listed for this vacation are without merit. Commissioner OWENS seconded the motion.. Commissioner ECKHARDT stated he did not see a need for vehicular access through this site. He added that if the right-of-way is vacated, utility easements should be provided. He felt pedestrian access should be allowed. Commissioner CERVENY his sentiments were to vote against the motion before Commission. He thought the entire length of right- of-way should be vacated with a pedestrian access easement retained along the entire strip. Commissioner ECKHARDT asked what width would be necessary for the utility maintenance easement. Ms. Reckert stated Public Service Company requested ten feet and Consolidated Mutual requested 25 feet. She added that she would recommend the entire 25-feet be retained for utility maintenance purposes. Commissioner ECKHARDT asked if there was a way_to prohibit vehicular traffic, except for maintenance purposes, but retaining the right-of-way. Mr. Gidley stated that was possible. The entire right-o£-way could be vacated, including the 275 feet. Easement could be retained.for the following purposes: 1. Utility maintenance, and 2. Pedestrian access within the easement and development for pedestrian access, which could include a sidewalk in the future; and 3. Maintenance of the Lena Gulch improvements. He added that the legal description would need to be rewritten prior to forwarding the ordinance to City Council_to include the entire street and making the above specific reservations. Commissioner ECKHARDT asked if the right-of-way could be retained, but vehicular traffic prohibited. Planning Commission Minutes April 1, 1993 Page 6 Mr. Gidley answered it is possible, but the situation could become tenuous with changing City Council attitudes. The motion made by Commissioner QUALTERI passed 3-2, with Commissioners ECKHARDT and CERVENY voting against. Commissioner ECKHARDT moved that Planning Commission recommend to City Council that vehicular traffic be prohibited from using the existing right-of-way, except vehicles necessary to maintain Lena Gulch improvements and further, that the right-of-way be utilized instead for pedestrian traffic and utility maintenance. Commissioner CERVENY seconded the motion. Mr. Goebel stated the 25-foot right-of-way is not wide enough for a public road as it now stands. He would have no objection to City Council, by ordinance, closing this right-of-way to public vehicular traffic. Commissioner ECKHARDT's motion carried 3-2, with Commissioners QUALTERI and OWENS voting against. 3. Case No WS-92-1• An application by James H. Brown for approval of a final plat for Residential-One zoned property located at 10701 West 32nd Avenue. Ms. Reckert presented the staff report, which included slides. Accepted into the record by the Vice Chairperson was the Zoning Ordinance, Subdivision Regulations, case file and packet materials, slides and exhibits. Commissioner ECKHARDT asked the approximate length of the cul-de- sacs (Design Concept #3). Ms. Reckert stated that the cul-de-sacs measure 500+ feet each. Herb Brown, 10701 West 32nd Avenue, was sworn in. Mr. Brown read to those:present prepared notes about the project. He stated he had concern about a storm drain installed on his property by the City. He stated the drain was not functioning properly. Mr. Goebel explained the situation, and added that he felt the situation could be resolved. Mr, Brown read comments into the record made by Karl Buchholz, Traffic Engineer, in his memo of July 31, 1992. Commissioner QUALTERI asked Mr. Brown if he would be happy with the recommendation for approval of any of the design concepts being considered this evening. ~NTINUED TO 04-O1-93 PUBLIC HEARING SPEA~S LIST CASE HO: wv-~3-i DATES Ma rrh ¢,~ lgg2 REQUEST: An application by the City of Wheat Ridge for Ernestine Williams for approval of a right-of-way vacation for Quail Street .between-West 35th Avenue and the south side of--Lena Gulch. Said property is addressed as approximately ' 11200 West 35th Avenue = position 4.n Request; ~ ; (Please Check) ; i SP£AKER'S NAME ~ ADDRESS (PLEASE PRINT) ; IN FAVOR ; OPPOSED ; 1 i 1 i 1 i 1 1 I 1 1 1 1 1 1 i 1 1 1 1 1 1 i 1 1 1 i 1 i. 1 1 1 1 I 1 1 1 1 1 1 1 1 1 1 ' 1 -_ 1 1 1 1 I CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WV-93-1a LOCATION: Approx. 11200 West 35th Ave. APPLICANT(S) NAME: City of Wheat Ridge OWNER(S) NAME: REQUEST: APPROXIMATE AREA: Same as above Right-of-way vacation 6,875 square feet WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and WHEREAS, there was testimony received at a public hearing heard by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner QUALTERI, seconded by Commissioner OWENS, that Case No. WV-93-1 be forwarded to City Council with a recommendation for DENIAL for the reasons stated as follows: 1. Street vacations are not in the best interest of this City's future and should be avoided; and 2. Public Works Department is not in favor of the vacation; and 3. The reasons listed for this vacation are without merit. VOTE: YES: Qualteri, Owens and Rasplicka NO: Eckhardt, Cerveny I, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 3-2 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colorado, on the 1st day of April, 1993. \~L~ ~ ~i~~Ji~~K Jay Ras~5licka, Vice Chairperson WHEAT RIDGE PLANNING COMMISSION Sandra Wiggins, rotary WHEAT RIDGE PL NG COMMISSION <pc>resowv931 CERTIFICATION OF RESOLUTION CITY OF WHEAT RIDGE PLANNING COMMISSION CASE NO: WV-93-ib LOCATION: Approx. 11200 West 35th Ave. APPLICANT(S) NAME: City of Wheat Ridge OWNER(S) NAME: Same as above REQUEST: Right-of-way vacation APPROXIMATE AREA: 6,875 square feet WHEREAS, the City of Wheat Ridge Planning Division has submitted a list of factors. to be considered with the above request, and said list of factors is attached hereto and incorporated herein by reference, and made a part hereof; and WHEREAS, there was testimony received at a public hearing heard by the Planning Commission and such testimony provided additional facts. NOW, THEREFORE, based upon the facts presented and conclusions reached, it was moved by Commissioner ECRHARDT, seconded by Commissioner CERVENY, that regarding Case No. WV-93-1 vehicular traffic be prohibited from using the existing right-of-way (located at approximately 11200 West 35th Avenue), except vehicles necessary to maintain Lena Gulch improvements and further, that the right-of-way be utilized instead for pedestrian traffic and utility maintenance. VOTE: YES: Eckhardt, Rasplicka and Cerveny N0: Qualteri, Owens i, Sandra Wiggins, Secretary to the City of Wheat Ridge Planning Commission, do hereby and herewith certify that the foregoing Resolution was duly adopted by a 3_2 vote of the members present at their regular meeting held in the Council Chambers of the Municipal Building, Wheat Ridge, Colnorado,/on the 1st day of A r'1, 1993. Jay Rasplicka; Vice Chairperson Sandra Wiggins, S r ary WHEAT RIDGE PLANNING COMMISSION WHEAT RIDGE PLANN~ OMMISSION <pc>resowv931 MOSLEY, WELLS, JOHNSON & RUTTUM, P. C. PHILIP E. JOHNSON ATTORNEYS AT LAW PAUL T. RUTTUM 303 EAST 17TH AVENUE, SUITE 400 NEIL L. McCLAIN DENVER, COLORADO 80203-1257 DONA V. MALDY TELEPHONE (303) 860-8400 TELECOPIER (303) B30-2626 - March 5, 1993 Ms. Meredith Reckert City of Wheat Ridge 7500 West 29th Avenue P. O. Box 638 Wheat Ridge, Colorado 80034-0638 Re: Dear Ms. Reckert: Quail Street Vacation CITY OF WHEAT RIDGE D -n.. ~ r ~1~ f 7~~'r MAR D B 7993 ~~... - ~i !~•+•• ~~r!~U tI PLANNII!G ~ D[4'E! OPIW OF COUNSEL JAMES H. MOSLEY BRADFORD WELLS SPECUhL COUNSEL H. ROBERT WALSH, JR. As we discussed on the phone, I am enclosing a copy of each of the following: 1. Conservation Easement to Colorado Open Lands dated December 20, 1991, showing wildlife purposes in perpetuity imposed on the Williams' land. 2. Original Flood Control easement to the City from Mrs. Williams showing continuing right in City to use the Williams' land for flood control purposes. I believe any utility easements as discussed in the Staff Report already include maintenance access rights without regard to the road use to be vacated. I am also including a recent letter from Colorado Open Lands expressing their views on the road vacation. I believe there is no valid reason to limit the road vacation to 275 feet from the south boundary of the Williams' land instead of the full 335 foot length of the westernmost part thereof. I don't understand the City's need to protect and defend the interests of the Public Service Company and Consolidated Mutual Water Company. However, any existing water, MOSLEY, WELLS, 70HNSON & RUTTUM, P.C. March 5, 1993 Page 2 sewer, utility or other underground facilities should not be affected by the vacation of surface road use, which is the matter objected to. Another matter to which I invite your attention is that in the area to be vacated the road easement is only 25 feet in width. That is not a feasible easement for road purposes. It can therefore be said there is not an existing easement for the extension of Quail Street of sufficient width to justify the resistance of Public Works. Any extension for Quail Street is not only unnecessary, it will be very expensive. Very truly yours, ames H. Mosley JFIM:ng Enclosures cc: Mrs. Ernestine Williams (w/o enclosures) coloradlands March 1, 1993 To Whom It May Concern: Colorado Open Lands 1050 Walnut Street Suite 525 Boulder, Colorado 80302 303/443-7347 It has recently come to our attention that there appears to be some opposition to vacating Quail Road across the Ernestine Williams Preserve property in Lakewood. This is to let you know that Colorado Open Lands, a charitable public purpose non-profit organization, currently holds a conservation easement on the Williams property. This easement was granted by Mrs. Williams to us in 1991 for purposes of protecting and preserving her property as a natural wildlife preserve within the heart of the city. Any development or improvement of a roadway/thoroughfare through this natural area and through and across the wetlands to the south of her house would have a serious and detrimental effect to -the wildlife corridor along the creekway and to her and our preservation purposes. We therefore support the vacation of the right of way and cannot see any reason why this vacation should not go forward. We have no objection, however, to the city retaining easements .for subsurface utilities. Thank you for your consideration on this matter. ASE NO. WV-93-1 EXHIBIT 'C' Respectfully, _~.~,~~~ ~.~~Q onald V.H. Walker Vice President Projects t a ~~ . ~ EGEPTION N0. 83097457 • ,,, 12.00 ~ 10/11/83 16:03 fiECORDED IN STATE OFFCOLORADOON,_ THIS .D,R~ IQ AN ~W~D FLOO9g30Nb~0 EAN ESTINET WILLIAMS day of cam' f referred to as Grantora) to Lhe CITY OF WHEAT RIDGE, corporation, (herelnafter referred to as the "City"); WHEREAS, Grantors are the owners real property situate, lying and being County of Jefferson, State of Colorado, Avenue, to-wit: / w:nai 1j( ~: •. ~ ... L .•.. ~". •„ ~r.-.7. +3 this ~-s (hereinafter a municipal/ / of the following described in The City of Wheat Ridge, located at 11100 W. 3Rth (see attached Exhibit A, attached hereto and made a part hereof) _ WHEREAS, it is the intent of Tha City to develop, construct, , .~ and maintain drainage and flood control improvements on the ~ Property for the general health, safety and welfare of Grantors and ~ r7 the other citizens of Lhe City of Wheat Ridge; rn F- U O ~- NON, THEAEFOdiE, ~, Grantors do hereby grant and convey to the City a perpetual easement to the property, as described above, for the purpose of authorizing the City to construct and maintain hereon any flood contthe CiL nntoafullyuandr successfully limp le mentttheeLena necessary by Y Gulch Flood Control fro~ect oontemplated by the City. 2, The easement granted hereby includes, without limitation, a grant of authority to theanatY'Snapectlon pon toe constructf orsu ch purpose of au rveying improvements, Including channelizatlo n, embankments, maintenance roads, and othe~o arty for tp urpose ar of minspecting den de maintaining come upon the p D such improvements; and for the purp oae of allowing any d8;i nvell aas flood water to come upon and flow over said property; any other use not enumerated herein but only as consistent with the purposes of this Easement. No public access across said easement shall be permitted. g, As consideration for the oonveyance herein specified, the City agrees to pay Grantora the cum of EIGHTEEN THOUSAND and no/700 ($18,000.00) DOLL AAS, payable as follows: E4 ,000.DO hereby receipted for, and the balance of S9 ,D00 .00 payable on or about January 3, 1984• 4, The Grantors recognize and aok nowledge that the City Ss currently engaged in a city-wide program to construot flood control improvements upon Lena Culoh which would lours to the benefit of thatto the anC ityll lathcooperati g in this Clv enLUreW with Rthe eiU rban thereforeanagree odto o co pest etr wit h(DDt heD)City t and eUDFCD G inntany reasonable manner or means whinh is cB rCicular wuse ors improvement this easement, even though any P thereby contemplated may not be specifically set forth herein. 5, Grantors agrek ind awhatsoeve ra 111ncludingt Cencing,o anmethe or bulldin gs of any pr.o party conveyed hereby xithout the prior written consent of t e City, which consent shall not be uthe spublic healthl on welfare aor .' may De given without endangering Easements exoeptlas specified sin paragraphrBinage and Flood Control 6. The City agrees that, during the term of this easement, it shall repair and maintain the improvements oonstruoted upon the property hereby conveyed, and The City shall likewise repaiduriny damage which ^1 t- causesr tonVG rta~nt ovo'mant sa madag pursuanty to this • . _.. ~.. v' 7. Dur,l ng the term of this ease went, the Grb..t ore shall have v ~ 2 ioceaa to and may utilize the property conveyed hereby or any N o purpose which is not inconsistent xith, or xhich would De o w °a detrimental to, the purpose Por Which Chia oeaement is granted. » ~.. o: o ~ u ~ 8. A low flow channel aroaaing similar to the one installed z ~oz~o ,, ,, ~ at approximately Station 21 • 25 of Lha Lenn Gulch Flootl Contro = 4 Pro3eat will be included Sn the nonatruation and bid package for O lOG O 4 r.m w o Schedule V of Lhe Lena Culoh Flood Control Dro,jeet. Seeding o e ~ ~ ° " area that is disturbed during oonatru otion is customary and will be s..s~-w ~ ~ ~ a included Sn the construction and bid package. A 3-strand w re wGwor fence with one eleatrlc wire mny be reconstructed across the ditch s "'s ~a'after completion of improvements in Schedule V of the Lena Gulch Flood Control project. The grain bia situated on Lhe Eaae ment will be relocated on Grantor's Droperty. A fence will De provided to separate the livestock and Lhe equipment during Lhe Lime of construction. g, The easement granted hereby is perpetual, and shall be binding on the heirs and successors of the parties, and shall become a covenant running xlth the land upon Sts recordation; provided however, Lhat this easement may be terminated only by a writing signed by both parties, or their successors, which writing shall be duly recorded and shall not De effective until so recorded. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to the foregoing and atLaahed Drainage 6 Flood Control Easement the day and year first above xritten. GRANTORS: THE CITY OF WHEAT RIDGE, a municipal corporation ,f Ry lT /R.. !, ~~i/ Frank Stites, Mayor ATTEST: `~ Wanda Sang, CStyt Clerk STATE OF COLORADO COUNTY OF JEFFERSON sa. y The foregoing was acknowledged before me this ~~ ,•: .: ;. ', 1983, by Ernestine Williams. My Commission expires :My Commission Expires May 7, 1986 Witness my hand and official seal. APPROVED AS TO /~j ;. , Hayes, ~Ciyy Attorney ,~ day of ,.,..a •~ t,~6, ~~//~ fail' `~%/~,. {'•+,Ci,'`~~ , Notary Public •- •- .. IMPROVEMENT PROJECT ~~~ SOD CONSROL City of Wheat Ridge, Colorado LENA CULCN DRAINAGENAY r y^• A~QpTSTFj DN N0. 4.113 /~ ,~ ~ ~t ~~ `'~'~~~ PRDJECT N0. 732'28.2 7 d„yr Nf.- • FEBRUARY 22, 1980 SHEET 1 OF 2 :n o ~ ~ • „n~.. ~?Ya"' m~,:~~ LEGAL DESCRIP710N OF LENA GULCH ACQUISiTI'ON .113' ortion of the South 4 acres of ~ o ~ w o A portion of the East 1/2 of Tract 13 and a p Jefferson County, Colorado described as n'T~,,,,. Brookside Subdivision, o ~ z °; c Tract 14, ro ~ ~. follows: ~ int ~ nT,~ "` ~ G ~' O Commencing at the Southeast corner of the West 1/2 of Tract 14, say Po Daniel's Subdivision; o o ~ also being the Southwest corner of Lot 15, , 8 feet, to the True Point z r to the East line of said West 1/2 5 r ~ thence North along ~.; of Beginning; ;; _ thence on a deflection left of 113°"00~+ 20 feet; o thence on a deflection left of 29° 10', 140.8 feet; thence on a deflection right of 520 10~, 60 feet more or less to a point on the West line of Tract 14; thence South along said West line 28 feet; ~, r' thence on a deflection right of 66° 20', 179.9 feet to a point on the West line of the East 1/2 of Tract 13; thence North along said West line 183 feet; thence on a deflection right of 680 42', 1]6.8 feet to a point on the West line of Tract 14; thence on a deflection left of 21° 38~~ 92.5 feet; thence on a deflection right of 25°'00`, 50 fefeet more or less to a point on thence on a deflection right of 24° 08', 49.7 the East line of the West 1/2 of Tract 14;• inning, thenaenSngt56a028 squareEfeetlorel'286facresomore orulessint of Beg coot lncludtd in this Acquisition is the applicable portion of the 8 foot sewer easement described in Book 939 Page 416 and Book 2785 Page 628. Ac uisition is contained in the property described in Book 2640 Page 786 rr Said q Records. (. ~ i~ ~r~ • of the Jcfferson County .~ ~ i vne n. 1011 a5E-630 Denv.e. Colorado 60211 nr9n al/M1 $RHt _ I:F CF:f-' f ION N0. 83097457 ~ 10/11/83 16:03 ` ""..UO ~r~. fiECORDED IN COUNTY OF JEFFErtSON STATE OF COLORADO (,,/~/.. JLCH D~AI~lA~EUVAY ' IMPROVEMENT PROJECT City of Wheat Ridge, Colorado ACQUISITION 4.113 FEt3QUAiZY, 22, IJbO 1. Z 8Co Ac. N ~4°~• . I.._ 50'25' I ~ 5p O' 49.']' f O 9° 4Z L l 13° 29° t0' ~ O ~ 8 I ,D I TiZuE t~IINT ~O~ of BEG(N~IING 9 O O CpO.Or~ - ~- ---- r-- ~ ~i i ('-- 52° log ----- m l ~ ~ loo ~, 9 ,,•z~ I ~ 8' sEwE2 ' I ,Ig. ~ ~ i ~ EASEMeNT ~ a g' SEWER ~ N ' I I SEASE1vtENT f t, ~ ~` J i l k ~ ~~ ~ z aQook51DE ~ I i ~ SUBDIVISION I Q ICI ~ -~ d T ~ ~ FLOOD CONTROL The meeting was called to order at 7:40 p.m. by Chairman, Janice Thompson. Commissioners present: Betty Day, Paul Hovland, Edgar Johnson, Janice Thompson and Sue Wilson. Staff present: Gary Wardle, Director; Karen Scott, Secretary. DETERMINATION OF QUORUM With 5 Commissioners present a quorum was established. APPROVAL OF MINUTES Motion by Betty_Day the minutes of February 17, 1993 be approved as submitted. Seconded by Sue Wilson and approved. INTRODUCTION OF GUESTS Approximately 30 residents attended the meeting to speak-on Lena Gulch. Marilyn Vaughn, Wheat Ridge Art League to speak on "Art in the Park". QUAIL STREET VACATION WILLIAMS PROPERTY, 11200 W. 35TH AVENUE,The Planning Department submitted the Quail Street vacation for comments from the Park Commission. The requested vacation would be the unconstructed portion of Quail Street along the Williams property. Mrs. Williams property has a Conservation Easement which was conveyed to prohibit any future development of this property. The property may be under private ownership and be used for farming, but cannot be sold and subdivided or developed in any way. This was done so the property would remain a natural area for the preservation of wildlife. Public Works recommended against any vacation because this is the only access into Lena Gulch for maintenance work. If Council does wish to vacate, they recommend vacating only the southerly 275'. This would be from the southern border of Lena Gulch to 35th Avenue. Public Utility ROW's are in Quail Street (water lines, sewer lines). Mr. Jim Mosely spoke on behalf of Mrs. Ernestine Williams. Mrs. Williams has placed a Perpetual Conservation Easement by a Grant to Colorado Open Lands. The purpose of the easement was to provide wildlife habitat on the Williams property. The reason for the vacation request is the existence of a road through the property is not conducive to wildlife existence. The road was never built. This section is never used. If built, it would have to cross over Lena Gulch and require construction of a substantial bridge. In 1985 Mrs. Williams gave easements to the City of Wheat Ridge which included the right to do the work nn Lena Gulch and the right to come in at anytime to maintain Lena Gulch. On record at the County are permanent easements in favor of the City of Wheat Ridge ~`' ~; 'y iwt -x PARRS AND RECREATION COMMISSION - PAGE 2 MINUTES - MARCH 17, 1993 - to permit them at any time and whatever route they choose to come on the property to repair and maintain the gulch. Mr. Mosely stated that Public Service has an easement, and he presumes that all other utilities have their own easements and it is not the business of the City to protect the Public Service Company of Colorado ROW. Mr. Mosely suggests that the vacation of surface road usage be completed at least for 335' so it would be compatible with the alignment of the Williams property; perhaps a little farther than 335', up to where the road narrows to 25', with the expressed reservation of any utility lines that are in it and buried under the surface. There has been no attempt to seek a vacation of utility easements. Mrs. Louise Turner spoke in favor of the vacation and to express the strong opposition the neighbors have about a trail development along the gulch. Mrs. Turner mentioned the gulch has been done as an open channel and not to be bridged. Mrs. Turner requested the park commission to support the vacation for the following reasons: 1) The land is protected by the conservation easement 2) Public access not compatible with the purposes of the easement 3) Not suitable fAr trail access a) Conflicts with the conservation easement b) Cut off by straight wall or steep and narrow channels c) Strongly opposed_by owners and residents between Parfet--- & Simms who feel the wildlife is threatened by public access 4) Conflicts with the park master plan designation for open space for ecology 5) Potential danger to elementary school 6) Public sentiment - some open space areas should not be disturbed - Mr. Nobel spoke in favor of the vacation and against a trail in this area. Some of the commissioners concerns are that we are just looking at a small section of this gulch and not an overview of the whole area. We have to consider what is happening in the future not just today. Gary Wardle mentioned as a final comment on the easements, Public Works desire to have access to Lena Gulch for maintenance and the easements acquired by Urban Drainage was predicated on the fact that Quail St. was a dedicated ROW. Because dedicated ROW already existed, when additional easements were obtained this 25' section ROW was not included in the legal description. If Quail. Street is PARKS AND RECREATION COMMISSION PAGE 3 MINUTES - MARCH 17, 1993 vacated the 25' RO_W section is not included in the easements and would not allow access. After discussion the Parks .and Recreation Commission made the following motion: Motion by Edgar Johnson WV-93-1, Quail Street Vacation be approved south of the Urban Drainage gate to 35th Avenue for the following reasons: 1) No future development is planned for adjacent property 2) No other property would be land locked With the following conditions: 1) That utility and government access easements be reserved over the entire 25 feet. Seconded by Paul Hovland. Discussion followed concerning the length of vacation from 35th north, 275' or 335' or to the Urban Drainage gate. It was decided that instead of recommending vacation tl}e commissions concern was if the object to vacation. Edgar withdrew. his motion. Motion by Edgar Johnson that we do not object to the vacation of the unused portion of Quail Street (WV-93-1, Williams Property,). Seconded by Paul Hovland. Passed 3-2. The opposing votes were. because felt it was premature and inappropriate to vote on a vacation at this time without having a whole plan looking at the whole view of the gulch. M E M O RAN D U M TO: Planning Commission FROM: ^~Ieredith Reckert, Planner RE: Case No. WV-93-1 DATE: March 25, 1993 The case was originally scheduled for public hearing in-front of Planning Commission on March 4, 1993. At-that meeting, Staff recommended a continuance so the Parks and Recreation Commission could discuss use of the street as a potential access for a future Lena Gulch trail. Attached are minutes of the Parks and Recreation Commission's March 17 meeting where they made a recommendation that Quail Street be vacated.. Please refer to Exhibit 'A'. Attached also is a copy of the Conservation easement for Mrs. Williams' property (Exhibit 'B') and also, correspondence from Colorado Open Funds (Exhibit 'C'). MR:slw attachments CITY OF WHEAT RIDGE MEMORANDUM TO: Mayor and City Council FROM: Robert C. Middaugh, City Administrator SUBJ: REQUEST FOR A VACATION OF STREET RIGHT OF WAY DATE: May 19, 1993 Attached please find materials relative to the vacation of a street right of way, currently on property owned by Ms. Ernestine Williams, residing at 11100 W. 38th Avenue. The attached request was initiated approximately two years ago by former City Attorney John Hayes. Mr. Hayes was contacted by a representative of Ms. Williams, asking if the City would consider vacation of a street right of way. Mr. Hayes informed the Williams' representative that the City would certainly consider such an application and to proceed with its processing. The Planning Commission has considered the vacation request as has the City staff. In both instances, the staff and the Planning Commission have recommended denial. In both the Planning Commission and staff review of the right of way vacation request, denial has been recommended largely because it is not possible for the City to make the finding that there is no need or potential future need for the right of way in question. In the Planning Commission's consideration of this right of way vacation request, after the recommendation of denial, the members of the Commission voted to impose a condition that vehicular traffic not be allowed on the existing easement as a condition of continued use. It is important to note that in spite of the condition, the Commission did recommend denial of the street vacation request. In the materials provided regarding the staff's consideration, the Council will also note that the Public Works Department, while recommending denial as their first option,-has also indicated that in the event Council disagrees and wishes to vacate the right of way, conditions be imposed. The Public Works Department has recommended that only the southern 275 feet of the right of way be vacated and that utility easement be maintained on this portion of the right of way. As ,with any request for vacation of right of way, the reasonableness test that should be met by the City is whether or not-there is or may be a use of the right of way by the City. In this instance, given the lack of development in the area, the clear need to use the right of way for utilities easements and the very likely need that the easement would be used for trail or pedestrian access, the City cannot make the finding that the right of way in question will not or may not be needed in the future. Very clearly, the right of way in question is needed for certain purposes, and may be needed for additional purposes at some point in the future as development occurs throughout the area. It is recommended that the members of the Council deny the request for right of way vacation. Respectfully submitted, ~~ Robert C. Middaugh• City Administrator RCM:ly Att. 5/19-5 /~~ CITY OF WHEAT RIDGE MEMORANDUM TO: City Council ((//.,,~~'~~ l FROM: Ray J. Winger, Jr., Mayor LJ~~'~~ SUBJ: VETO OF ORDINANCE 927 DATE: May 26, 1993 Pursuant to Section 5.14(b) of the City Charter, 1 have vetoed Ordinance 927, and am providing you with the following written explanation of my veto. At the City Council meeting of May 24, 1992, the Council on a 6-2 decision passed Ordinance 927 requiring the vacation of a portion of Quail Street within the City of Wheat Ridge, County of Jefferson, State of Colorado, addressed as approximately 11200 West 38th Avenue. Mr. Hayes initiated this request for a right-of-way vacation, at the request of Ms. Williams' attorney, without consulting the majority of the Council or the City Administration. The Planning Commission's official duty is to hear and make recommendations to the Council on all requests concerning the Comprehensive Plan. Vacation of City property falls under this category. After a lengthy and fair public hearing on April 1, 1993, the Planning Commission recommended that the vacation request for portions of Quail Street be denied. This denial was recommended because there is no way to predict when the adjacent vacant land will be developed and Quail Street will be required. At the present time, a bridge over Lena Gulch and condemnation of additional land for a 50 foot wide street is not required. This could change in the next 10 to 20 years when every parcel of vacant land in Wheat Ridge becomes so valuable that wild life, as it is presently known, can no longer be a consideration. When normal single lots bring $100,000 to $150,000, they will be developed, and City streets will be demanded by the developers and residents. Because of the rapidly growing metro area, the Council, in my opinion, should not give away street rights-of-way that belongs to 30,000 present and future citizens of Wheat Ridge. I agree, Ms. Williams is an important pioneer citizen, and wild life in the area is highly thought of, but these are present considerations and should not be reasons to vacate portions of Quail Street. If this portion of Quail Street is vacated and comes under the jurisdiction of Colorado Open Lands Corporation,. future street rights-of-way will be difficult to obtain and very costly. Making a sentimental decision should have no place in City government and is_not to_the best interest to the life, health, property, and public safety for Future generations of Wheat Ridge citizens. cc: City Attorney City Clerk City Treasurer City Administrator Department xeads INTRODUCED BY COUNCIL MEMBER VANCE EDWARDS Council Bill 11 ORDINANCE NO. 927 Series of 1993 TITLE: AN ORDINANCE VACATING A PORTION OF QUAIL STREET (CASE NO. WV-93-1) WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO ADDRESSED AS APPROXIMATELY 11200 WEST 35TH AVENUE. WHEREAS, right-of-way was previously dedicated for Quail Street between West 35th Avenue extended on the south and Lena Gulch on the north; and WHEREAS, said part of said Quail Street lies within the City of Wheat Ridge, County of Jefferson, State of Colorado, and a portion of said street is not needed by the City for roadway or right-of-way purposes; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. The following portion of Quail Street, a dedicated street within the City of Wheat Ridge, County of Jefferson, State of Colorado, is hereby vacated, to wit: A parcel of land lying in the Northwest 1/4 of Section 28, Township 3 South, Range 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado, described as the South 500 feet of the tract of_land described in the official records of said County and State at Book 2240 Page 846. Section 2, Condition. A utility and governmental access and maintenance easement be reserved over the entire 25 feet hereby vacated. No vehicular traffic except maintenance vehicles shall be allowed. Section 3. Upon the vacation accomplished hereby, title to the property vacated shall revert by operation of C.R.S. 1973, 43-2-02 to the adjacent property owners of record. More specifically, the land described above shall revert to the owner of property addressed as 11100 West 38th Avenue. Section 4. Safetv Clause The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Page 2 '; Ordinance No. 927 Series of 1993 __ Section 5. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. cP~tion 6. This Ordinance shall take effect one day after final publication. INTRODUCED, READ, AND ADOPTED on first1993diordered published8intfu011 on this 26th day of April . in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on finalmpasingtheeCouncil Cha biers, Mav 24 1993, at 7:30 o'clock p. 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final re1993g by a vote-of 6 to 2 this 24th day of May , day of _, - 1993.. SIGNED by the Mayor on this ~t~ pETOED by the Mayor on this 24th-day of a~~_ i RAY J. WINGER, JR., MAYOR Wanda Sang, City Clerk 1st Publication: May 4, 1993 2nd Publication: Wheat Ridge Sentinel Effective Date: <pc>ordwv931 APPROVED AS TO FORM BY CITY ATTORNEY KATHRYN SCHROEDER, CZTY ATTORNEY P.O.BOX 638 ~LEPHGN E: 3E1R37.6tJaa 1 The Cily a/ 150 WEST 29TH AVENUE . WFIEAT iiIDGE. COLOSiA00 80011 cheat Ridge POSTING CERTIFICATION CASE N0. ~(J~/°~,~j-~ PLANNING COMMISSION --OILY COUNCIL - BOARD OF ADJUSTMENT (Circle One) HEARING DATE: . r ~' ~L.C^r .7 ~'~ I, residing at n a m e Ci G'l~ . ~~' ~ a c a r e s s as the applicant for Case No. %r*~ 1/- `~~j-1 , hereby certify on this "~Y~L day of , 19~~, and do hereby certify that said signr~~en posted and remained in place for fifteen (15) days prior to and including the scheduled day of public hearing of this case. The sign was posted in the position shown on the map below. Signature -^-"~~u~"~~ NOTE: This form must be submitted at the public hearing on this case and will be placed in the applicants case file at the Department of Community Development. that I have posted the Notice of Public Hearing at 7500 WE57 297FI AVENUE P.O. BOX 638 WHEAT RIDGE. CO 600340638 - .'7303) 234-5900-- City Admin. Fax ~ 234-5924 May 10, 1993 Police Dept. Fax ~ 235-2949 The City of ~Jheat Ridge This is to inform you that Case No. WV-93-1 which is a request for ~prova o a r'aht-of-wad vacation fnr an nnncaA ~ortion'of Quail Street for property located at approximately 11200 West 35th Avenue will be heard by the Wheat Ridge City Council in the Council Chambers of the Municipal Complex, 7500 West 29th Avenue at 7:30 p.m. on May 24, 1993 All owners and/or their legal counsel of the parcel under consideration must be present at this hearing before the City Council As an area resident or interested party, you have the right to attend this Public Hearing and/or submit written comments. it shall be the applicant's responsibility to notify any other persons whose presence is desired at this meeting. If you have any questions or desire to review any plans, please contact the Planning Division. Thank you. PLANNING DIVISION <pc>phnoticeform' G , r,;,„ CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT TO: City Council Date Prepared: May 12, 1993 Date of Meeting: May 24, 1993 Case Manager:'".M eredith Reckert Case No. & Name: WV-93-1 Action Requested: Right-of-way vacation for an unused portion of Quail Street Location of Request: Approximately 11200 W. 35th Avenue Name & Address of Applicant(s): City of Wheat Ridge Name & Address of Owner(s): Same. ----------------------------------------------------------------- Approximate Area: 6,875 square feet Present Zoning: R-1 Present Land Use: vacant Surrounding Zoning: N: R-1; S: R-1, R-lA; E, W: R-1 Surrounding Land Use: N: Lena Gulch; Ste: single family, school E, W• vacant Comprehensive Plan: Low density residential Date Published: Date Posted: May 7, 1993 Date Legal Notices Sent: May 10, 1993 Agency Check List (XX) Attached ( ) Not Required Related Correspondence ( ) Attached (XX) None ---------------------------------------------------------------- ENTER INTO RECORD: (XX) Comprehensive Plan (XX) Case File & Packet Materials ( ) Zoning Ordinance (XX) Exhibits ( ) Subdivision Regulations ( ) Slides JURISDICTION' The property is within the City of Wheat Ridge, and all notification and posting requirements have been met, therefore - there is jurisdiction to hear this case. City Council Staff Report Page 2 Case No. WV-93-1 I. REQUEST This is a City-initiated request for a right-of-way vacation of an unused portion of Quail Street between West-35th Avenue and the south side of Lena Gulch. This request originated from the City Attorney's office. II. LAND CONFIGURATION Quail Street provides access from West 38th Avenue from the north for two townhouse/apartment developments north of Lena Gulch. The street from the north ends at the north side of the Lena Gulch improvements. From West 38th Avenue south to Lena Gulch, Quail Street has 50 feet of dedicated width. On the south side of the Gulch, Quail Street ends in a cul-de- sac bulb at West 35th Avenue, extended. The right-of-way running north from the cui-de-sac bulb was dedicated in 1970 and is only 25 feet in width. This portion of Quail Street is unimproved. See attached Exhibit 'A'.. The entire length o£ this right-of- way is roughly 500 feet. Property on both sides of the portion requested to be vacated is owned by Ernestine Williams. Mrs. Williams owns approximately 14 acres of land which extends from West 38th Avenue south to West 35th Avenue. Existing on the property is a conservation easement held by Colorado Open Lands included under Exhibit 'B'. The easement allows farming operations to continue but permits no additional development. Existing on the Williams property adjacent to the vacation request are structures normally associated with a farming operation. No other properties will need to gain access from the portion of Quail Street where the __ vacation is proposed-. The vacation is being requested to ensure that in the future, there will be no street crossing the conservation easement. Public Works has recommended that only-the southern 275 feet of Quail Street be vacated. The reasoning behind the limited footage is that the construction and maintenance easement -for Lena Gulch extends well south of the Gulch itself. The suggested 275 feet extends north £rom West 35th Avenue to the southern limit of the maintenance easement. III.- AGENCY REFERRALS Wheat Ridge Fire District has no objections to the vacation since there will be no additional development on the Williams property. Public Works is not in favor of the vacation. If it is approved, it should be limited to the southerly 275 feet o£ City Council Staff Report Case No. WV-93-1 Page 3 Quail Street so that access_to Lena Gulch £or maintenance purposes. is reserved. See Exhibit 'C'. Consolidated Mutual Water has an eight inch water main in the right-of-way and will require an easement over all of it. Public Service has lines within the right-of-way and will require an easement. The Parks and Recreation Commission reviewed this request in regard to pedestrian access for a future Lena Gulch Trail..- They gave a recommendation to .vacate-the right-of-way. IV. PLANNING COMMISSION ACTION Planning Commission reviewed this request at a public hearing held on April 1, 1993.. There were two motions made regarding the proposed vacation. A recommendation of Denial was made for the following reasons: 1. Street vacations are not in the best interest. of this City's- future and should be avoided; and 2. Public Works Department is not in favor of the vacation; and 3. The reasons listed for this vacation are without merit. A condition was added to the recommendation by separate motion, as follows: Vehicular traffic be prohibited from using the existing Quail Street right-of-way (located at approximately 11200 West 35th Avenue), except vehicles necessary to maintain Lena Gulch improvements and further, that the right-of-way be utilized instead for pedestrian traffic and utility maintenance. V. STAFF CONCLUSIONS Staff concludes that although the likelihood that the.Williams property will develop in the future is remote, there are other properties in the general vicinity that may develop, thus placing a traffic demand that would require the development of Quail Street. This may not occur for 25 years or more, however we should not make shortsighted decisions that have long term implications. Therefore, Staff recommends DENIAL of this request for vacation o£ Quail Street. Should City Council recommend approval, Staff recommends the following conditions: City Council Staff Report Page 4 Case No. WV-93-1 1. Only the southern 275 feet be vacated; 2. A utility, government access and pedestrian easement be reserved over the entire 25 feet; and 3. A cul-de-sac bulb be built by the City in the future on Quail Street on the north side of Lena Gulch. VI. RECOMMENDED MOTIONS OPTION A: "I move that Case No. WV-93-1, a right-of-way vacation for an unused portion of Quail'Street, be Denied for the following reasons: 1. There is no convincing evidence presented that this street will never be needed in the future; and 2. Staff recommends denial. OPTION B: "I move that Case No. WV-93-1, a right-of-way vacation for an unused portion of Quail Street,- be Approved for the following reasons: 1. There should be no further development on the adjacent property; and 2. No other properties will be landlocked. _ With the following conditions: 1. Only the southern,275 feet be vacated; 2. A utility, government access and pedestrian easement be reserved over the entire 25 feet; and 3. A cul-de-sac bulb be built on Quail Street on the north side of Lena Gulch." OPTION C: "I move_that Case No. WV-93-1, a right-of-way vacation for an unused portion of Quail Street, be Approved for the following reasons: 1. There should be no further development on the adjacent property; and 2. No other properties will be landlocked. With the following conditions: 1. The entire 500 feet be vacated; 2. A utility and government access easement be reserved over the entire 25 feet; and 3. A cul-de-sac bulb be built on Quail Street on the north side of Lena Gulch." <pc>srwv931 CASE NO. WV-93-1 AGENCY REFERRALS SUMMARY XX Fire: _~ Wheat Ridge) No problem. XX Schools: XX Water: (Consolidated Mutual) Would need easement across the entire-25 feet XX Sewer: ~weG+r;rlga) No rPGponse XX US West Communications: No problem. __ XX Public Service Co: Would like at least a 10-.foot easement. State Land Use Comm. (over 5 acres): State Geologist: State Highway: Jefferson County:(HEALTH, COMMISSIONERS, PLANNING) Adjacent City: American 'Cablevison: CITY DEPARTMENTS XX Public Works: __ Does not support vacation. If it is approved, it ~ihonlr7 be onld the southern 275 feet. XX Parks & Recreation: _~arks and Recreation Commission recommends approval. ' XX Police: No response Building Inspection: pc/Agencyrefsum CITY COUNCIL MINUTES: May 24, 1993 Page -4- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 7. Council Bill 11 - An Ordinance vacating a portion of Quail Street within the City of Wheat Ridge, County of Jefferson, State of Colorado, addressed as approximately 11200 West 38th Avenue. (Case No. WV-93-1) Council Bill 11 was introduced by Vance Edwards; title read by the Clerk; Ordinance No. 927 assigned. Robert hliddaugh, Glen Gidley and Bob Goebel gave the staff reports, showed overhead transparencies and answered questions. James H. Mosley, 11325 W. 40th Avenue, attorney representing h1rs. Williams; was sworn in by the Mayor; he gave background on this case and asked for approval of the vacation. Howard Noble, 11254 W. 38th Avenue, Louise Turner, 11256 W. 38th Avenue, Karla Nostas, 3500 Parfet, Claudia Worth, 4650 Oak Street, were sworn in by the Mayor and spoke in favor of the vacation. Motion by Vance Edwards that ..^,ouncil Bill 11 (Ordinance 927), Case No. WV-93-1, a right-of-way vacation for an unused portion of Quail Street, be approved for the following reasons: 1. There should be no further development on the adjacent property; and 2. No other properties will be land-locked. With the following conditions: 1. The entire 500 feet be vacated; 2. A utility easement be reserved over the entire 25 feet; and 3. A cul-de-sac bulb be built on Quail Street on the north side of Lena Gulch. That the Ordinance be changed under Section 2. Condition. to read: "A utility easement be reserved over the entire 25 feet hereby vacated"; seconded by Mr. Flasco. Motion by Mr. Davis to amend that only the southern 275 feet be vacated; seconded by Phil Edwards; failed 3-5 with Councilmembers Shanley, Davis, and Phil Edwards voting yes. Motion by Mrs. Brougham to amend to delete condition 3. ..cul-de-sac bulb; seconded by Mr. Selstad. Mr. Flasco will vote against this amendment; there is no way a fire truck can turn around in there. Mr. Selstad withdrew his second. Mayor Winger stated that if this Ordinance. passes, he will veto it: He does not believe that this Council or any other Council can give away land that belongs to our kids and our grandchildren. Once you give it away, it would be awfully hard to get it back. Motion carried 6-2 with hir. Shanley and Mr. Davis voting no. ~ i Council Bill INTRODUCED BY COUNCIL MEMBER_ _ ORDINANCE NO. Series of 1993 TITLE: AN ORDINANCE DACATING A PORTION OF QUAIL STREET (CASE N0. WV-93-1) WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF_ JEFFERSON, -STATE OF COLORADO ADDRESSED AS APPROXIMATELY 11200 WEST 35TH AVENUE. WHEREAS, right-of-way was previously dedicated for Quail Street between West 35th Avenue extended on the south and Lena Gulch on the north; and WHEREAS, said part of said Quail Street lies within the City of Wheat Ridge, County of Jefferson, State of Colorado, and a portion of said street is not needed by the City for roadway or right-of-way purposes; BE IT--ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO AS FOLLOWS: Section 1. The following portion of Quail Street, a dedicated street within the City of Wheat Ridge, County of Jefferson, State of Colorado, is hereby vacated, to-wit: A parcel of land lying in the Northwest 1/4 of Section 28, Township 3 South, Range 69 West of the 6th Principal Meridian; County of Jefferson, State of Colorado, described as the South 500 feet of the tract of-land described in the official records of said County and State at Book 2240 Page 846. Section 2. Condition. A_pedestrian; utility and governmental access and maintenance easement be reserved over the entire 10 feet hereby vacated. No vehicular traffic except maintenance vehicles shall be allowed. Section 3. Upon the vacation accomplished hereby, title to the property vacated shall revert by operation of C.R.S. 1973, 43-2-02 to the adjacent property owners of record. More specifically, the land described above shall revert to the .owner of property addressed as 11100 West 38th Avenue. Section 4. Safety Clause. -The City Council hereby fins, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public-convenience and welfare. The City Council further determines that_the ordinance bears a rational relation to the proper legislative. object sought to be attained. i # Ordinance No. Page 2 Series of 1993 _ Section 5. Severabilit~ If any clause, sentence, paragraph, or part of-this Ordinance or the application thereof to-any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or - invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 6. This Ordinance shall take effect one day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this day of 1993, ordered published in-full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for 1993, at 7:30 o'clock p.m „ in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by-a vote of to __-- ,..this day of 1993. SIGNED by the Mayor on this day of 1993. RAY J. WINGER, JR., MAYOR Wanda Sang, City Clerk APPROVED AS TO FORM BY CITY ATTORNEY KATHRYN SCHROEDER, CITY ATTORNEY lst Publication: _ _ 2nd Publication: Wheat Ridge Sentinel _. Effective Date: <pc>ordwv931