HomeMy WebLinkAboutWV-98-03VALLEY WATER DISTRICT
P.O. BOX 9 12101 WEST 52ND AVENUE
WHEAT RIDGE, COLORADO 80034
TELEPHONE 424-9661
FAX 424-0828
RECEIVED
SEP 0 31998
September 3, 1998
3
Alan White
Planning Director
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80214
Dear Alan:
Per our conversation and your fax regarding the easement for W.
52nd Avenue, attached is the easement for signatures.
Please have the easement signed and let me know when it is ready
and I can pick it up and have it recorded. I will then send back
a recorded copy to you for your records.
Thank you for all of your help with this easement. If you have any
questions, please call.
Sincerely,
Robert Arnold
District Manager
OF WHEAT 1UPCE
3
TOM"AL
FAX
7500 West 29 h Ave. Wheat Ridge, Colorado 80215
Planning Phone # (303)235-2846
Parks and Recreation Phone # (303)235-2877
Public Works Phone # (303)235-2861
Fax #(303)235-2857
DATE '7 2 18
TOb 1 ~1 FAX#
FROM A%'~ VUh►~~ PHONE #
NUMBER OF PAGES (INCLUDING COVER SHEET)
COMMENTS 1 ~ veP~ gJA_fi A--r, ~f UP k
o
(64 A/L 1r 2..
u7
(f 1401A Gt~ve gv
_
Original To Follow In The Mail
❑Yes'
%No
08/27!08 TO 10:55 FAX 000 424 0828 VALLEY WATER DIS 0002
EASEMENT AGREEMENT
(Distributor Performance Non-Exclusive)
IM AGRESENT it made this day of
19-, between
Called °Gra do? drerefn whetlhasitgidar or plcal. and
hernia crdlad is
For good and veheble mnside ition, the receipt and suffiderywhereof ate&dmowlelgeL Cvranforheebygrads
to the DiFUltt. Its e.. men,.. and assigns. a Permanent nmrecdisiue right to erne, e a W, occupy and use the property
snore in the Coady of , State of Colorado, and more Lolly described co adddt
attached berm and incorporated herein by rdaanoe (tthe °PtoperW) to contract, lays aatat, Uspat, me dm,, nmairdW,,
repair, renew. sutnfltlde, caw the ice of, replace, remove, and operate one or more u degsowd a®,pip&=and all
d and surface appurtauncea the stogy Including electric or other related coned system, udlergmwd cables,
wars and connections and surface appwtaancesin, thsougls, overaW arose flwProperty. sywyd crumple and not by
way d , the parties Mend to ind ida within the tems'pipehwe and °appmtaanloes' the fdlowi g: rmira and
candults,valves, vaults, medwlea hydrants, rarhtrd sYstero. vnxdtllabta, andtlalka, of sail stead mpaoty mneressany
or re Abvd by the DshicL
IT is HOM MUTUALLY CONV04ANM AND AGREm by and between the parties as fobmS
1. The District shall have and may ecedse the right Mtrst wand egress in, to, over, thtorgf,and across the
Property for any psaposa needful for the full enjoy ant dargother right of oecupney or use pmvJdad for herein.
2. Grantor shall nehher cause nor pami4
theCwvmiadwh or placement: Of any structure or bvdlding, stied Ight, power pole, yard fit, mailbmt or dg. temporary or
permanent, ortseplantng of ary tree, woody pia darmaaaystock, of aryWrld, anary part of the Property. Where paved
roadways are 4statat om at maw panel thesumfeca of tha dhapaty they drill beisseiled and mamtahled by Gmnbl on
and over the enthe width tsaeof. with no, planters, islands ormetwh douturas. The lmoad edges of the Property shat be
dearly delineated by permanent surface feaners apPrormd in adsama by the District. Any Prohibited sea or installation
located an the Property, as of wafter the dated this Agreemed, hdudUsg u01'dy imfallatbrs notcmdmmhg to Paragraph
7 heed, may, be removed bythe District at Grantors expose wlt"H*ft for damigar aching theidmm.
3. Fawns existing as of the date hereof which am dtstwbed or damaged by the Dist" in the vocise of as
rights haaalder shat be replaced bytheDSbfdto their ariglml co ndtio nas naaryaamay reasoneblybedase Grantor "I
not, how a ex, construct w Install new, fencing aeosa or within the Property wbhadthawritten aPPRA a1 Of the Mgbrk%
4. All pi{wbnas brindled within the Property shat be tandnttIasi thin birandoshehaffW Irelow the surface
of the adpcelt gmuM.
5. The District shall haw and exerctse the fgld of aubjaced and larerat support to whatera alert is necas•
sary or duirable, for the full, complete mdwanoieded enlAmrent of the rights heidn graded. Caantorshall neither Was nor
pamtany mum Which would ftpalr the intend or svbjacansupport for am water pipela es or appurtaenK¢s or Gross the
vertically from the tap of thepipetne. Grantor shall notpwdiifytheearth co ewaa DisOtctwataPipeline withoutadaeace
written authosmtla, from the District; whids shat Provide for fug Payment wrembiuse¢ent in the District of all costs of
adjusting DsMd facilities made m orciary by such modification.
6. After any mmUUCtion or other operation by the District which dsbub the =is= of the property, the
District will restom the Radial surfau of the gourd, ildu&v Issuing and authorized appurtenances, as early as may,
reasonablybedonam tsagrade and condition nwas fn UnmeAMey prior to conmaonon, accept as rwxessrily modified to
accommodate District facilities- Topsot dhali be replaced in culMated and agrkddoead wens, and any exoeer eats restdtng
from Installations by the Distrtet shall be removed from the Property at the We spare of the Disnirt For a period of one
year following disturbance of the sefaa of the Property by the Dsuick the District will rnohhasd the surface elevation and
eA ty d the sot bycoaaealsg any settling a subsiding that may ocac as a result of the wmk dace by the Dbbkt
7. Service Enos ham a4acen properties receiving service from District facilities In the Property, and other
public-lames such assansarysewe; six, sewer, gas, electrit and telephone, bdnotableTV lines, maybeinudkdinthe
Property, provided that they do not imteifea with the Didnafs rights haan warted. Pub& wilder, which acs the
Property .sfhat aassatappnwdns srightanglas, andutiEtiaswhtch praEal th¢DStrkYstaeiEtkasheltnodbsloateddoser
than tan fee thereto. Eweept for voldles as !wren authorized and for roadways, all surface and subsurface uses of the
Property, including form most be appmwed m writing by the DStrid before hhstalladan.
NOWexnrt •L• - ae1Cr9/97
08/27/98 TRO 10:58 FAE 303 424 0828 VALLEY WATER DIS fd1003
S. Grantor retains the rigid to the wdiembed use and occupaneir of the Property insofar as such use and
o=pancy are ommstem with and do not impah any grant m covenant herein contained,
9. The District is aW&hg Its ruts in the Property in order to I%= to it a dominant aeIsement for the
ererase of the Distrtcfs functions. The eaatiye of amy rights in the Property other than those mcmesfyretained by Grantor
"I be wmhm the discretion of the District. The Dishict may pemat and wthonze such otter uses of the Property rot
reserved in Grantor As will not impair the Diim&s dominant rights, upon payment of reasonable compensation to the
District and upon snch terms, lbs tEaOms aridewrittlons as the District shall find reasmeblynecessary to Protect Its dominant
right of c ou pmxy,without undue or unnecessary injtay to or impabment of the estate retained by the Grantor
30. If the District, by written I shument abandons or rdeases its rights herein granted and ceaus to use the
same, all ri*, title and interest of the District heeader shall cease and temtinate, and the Grantor or Its suavssors in title
shall hold the Property, as the same may than be, free from the rights so abandoned or released and shall own all material
and souchmes of the District so abandoned m released, but nothing herein shall be construed as working a forfeitwe or
abardomne nt of any ineest derived hencwder amt not owned by the District at the time of the benemnation of the Districts
rights.
11. Gmntor warrants that it has full right and lawful authority to make the grant herein contained, and Prom-
ises and agrees to defend the District in the e*adse of is rigtas hereunder against any defect in title m in Grantors right to
make said grant. subject to general taxes for the ye rthis irshwnent is recorded, and su*dfiuther to easements, a
brances. a tceptiors, funltations, restriction and reservations contained in instwnars of record prior to the date of this
Aggreernent
12. FAch and every one of the berefis and burdens of this Aigresnent shall mum to and be binding upon the
respective legal raimsentatWes, heirs, executers, admlNsnamrs, suaessors and assigns of the parties herein
13. This writing constautes the whole agreement between the parties and nn additional or different oral
representation, promtsem egreunentshall bebinding an any of the parties hereto with respect to thesutyecrMatter of this
hstrwnmL Any special pmvmi= added hereto which conflict with printed pmWSions set froth above shag =hot and
mpersede mch conflicting minted provisions. -
SMCL LPROMONS:
Npey UPr -2- 501419197
08/27/98 TRU 10:58 FAX 303 424 0828 VALLEY WATER DIS 0004
IN WITNESS WEfEREOF, the pffbea WOO have executed the wdm Agreement as of the day and year fast
abe- w ittem
ATTEST:
Ourrddual Acknow M)
STATE OF COLORADO )
ss.
COUNTY OF )
The within and foregoing utsttument was acktowWged before the by
m this day of . 19
My commission expires: .
Wibtess my hand and officW seal.
(Corporate Admnxskxlgment)
STATE OF COLORADO )
ra.
COUNTY OF )
. The fineggob q lns4ument was aeknowdedged berme me by
President and
Secretary of
a com=tion
on this day of , 19
My commission expires: .
Witness my hand and offieml seal.
ATTEST:
Secretary _
fbM. F]6gaGM '3'
Address:
Notary Public
w
Notary Public
Addrew,
DISTRICT
president
3
d
y
5w U
F
~z
Q ~
Qw
O
O
Wa
C
d
d
.a
rn
`o
I
«
d
m
E
w
47
C7
d
C
F
C .5
m ~
C1 m
d
r tt
3 ~
e
k
o
c
.c
O
ca
m
0
0
0
U
m
on
b
~i
m
v
0
•"i
U
v
M
r-1
O
CD
co
L O
v U
v
u N
CO
x '
m
0
U o v
H v
El
F
q
rHi
V
r
w
a
C
.7
N .Z' G 'a N a •p ~ d 4. C d
d) p4 C G O m ,yi O>° 'O O d _ u y 0« u 0
'wo
n ° y D d N o r- ° ~ u d 0
' ° H
•o 8 d C N ' d$ FJ N
y¢ c o m c m e g L E a 4 s c d .r ' E m°
o d v .8 ~ U q « 5
L d ° P. C ~ ~ L 3 •D c, LO ro ~ ~ d y`d L p N p ~
e •a rrte,~ E •c E o rn,o 0. o A c
c7 A u7 .o o N 4 'm r € a- c v 0
02
t 0 .2 -9
m 3 d N U E -2~ 4 s 0~ 4 d
'8 0 o 'N ° 5 o m c r $ d E o m $ a N .o q o o S m E _d Co
C C d b u « i'• L m N C N 'O O O o N
m$ a o 0 Z' 4 c I N m m A q m 4 S a d
p
m .°.CC3 o Ti E d a a - ~Cp `mom o E« ,o En CO.
° o«
E o y o o v. L1 ti _a o y m 6 E
r -o o r d o o v m m O v •3 , N. c L 3 0 0&
a rn m o d `d cc o~ °-2 d _m s a c °
u v c N m o• m« a _ t o c .G m o y
d> `a w O 03 O C O a C u O 4 C V d y
o 0 5 b c m x o v b m c s° -C: M. A Y c .2 ~G 0) 4 -fc 0 a C > s C7 a «O 4 to 'O 'O d d in o° 2.2-
2 x5 0~ O y$ ¢ m d o E m .c 4
c c a of 'i° r~ p > q c .g 2, 4 c o~ d io m c '3 ° oci « c
m o to Gi y Z y m N d d O .C C N t N dO .
32 -A d OCi ¢ d° e 3 ro 4 3 0 3 'r
r- 0 .0 o
v u E 3$ a y b d c = o c v$ A
CF d m d u Wj o d d G y3 ° o m « o L t
o m o« y v d v« a o~ U m 5 c c 4 .N. s
d c d oN q c` c p b g o o$ m c y« o u
v y '6 .N 4 U d« B c u r Ti « G] m y c c r
$ a r w d ° « c t a '3 3 ° a d .c m 3 of T' d
y a g c c. .E _ _h ° to m 2 N p« c c r o E c Q c
Im 21 ti o u v m u c o .v a d ° ''O3 a •g Y -o
.o u ° e 01 u 10 0, m `od 3 « E y
c u a. d q$ m c° Zv o- pop m v ° q d a o m
-o RM -2 c c N°« q t E p• mCL - :2 - 3 a a _p• d« u° c
° U o m d c y$ x a « ° d N 0 ¢ h-. 0 3 c d°
ug p v - P? d o t m m > E •0 5
'N m. E' 3 u° o` C° s d B o a~ c~ r o Y3
4 m ~c o ~ •c c `o
O m C C
O m
o a C~ O y u
d ~ m d C]
0 d u IL
a
m 0 c a•.dc m
d ° m-S c o
4 ,m
a mm c ~ o` __E d
Ol O m N .L..
° o d 3
3 m o u d Q m
Q 'R rm N m
E C O C
CL v
a c m ~ aq A
o 0.
o E 5 d a r
> d
o w o ° ° « `o
r `o o s to
o
c d c" d m
0 -0 u N m E°0 a c
Op N « m
.emu, d Fn =~4 ° u
m « ? m c
u
4 i" d F J] .1L
c _
H o C] ;i v $
i d i A 91 -
6 = 0 4
0
0
° o
is
A ~ ro a~ a Q•
L_ « vdi «
G
° H u O
m ~ u ~ d
d ~r d
4~ 3-0 ,b
4 m p C
E = ~
~ v ~ w v
.N c ~ y m
U U ~ -U N O~
E c rnE
E q
o o d`o
u 6L 0q Z
F m u m q
L
3
.S LT N N
'd N
O ' X a
N d
d vi -C D 0 C
rn 3 m r
a ~ d
c d d
d m ~ ~
a 0 cs N o
0 o c a
c > m
3 0
c A o o
_ G m a XV y
V N« m W V
V7 u o
0
V
ri ~ 4 t
C 0 CL
CL m
c. CE . « o
H
V
0
z
0
z
A
qo
C
`u
0
G
G
O
o
c c
C E
o c
C C
ro
d
O
~ c
ro
z~
w~
d 3
o
c ~
O o
c
m
x
°r~
C
`C7 b c O
o
E .0 y N .
O
C
o o
a Ol
p V C
d y
O L u C d
~ `p t'r v
01 qL" N r ~ y
Y ~ ~ y° Ol
ro
g E
E
0. E c o
a,T'E 9
'y ~ q ~ o c
'G ooi F Q u
m
Er E °
M o 0 0
ti ~ o c
Al 3 o
ro
d
a ? Ti o
N ::qc
g E aid
N W 'J
ro
c o
m s o
o -0 3 •g
Lr,
C
d
i0 O
v `o E
,,CN C B d v
,G ~NNppj pC q w
C C N ro
o~~m'aS
d s
c c
° a a
C ~ y C L
ro
60~~
w C0
~w E 0
o o .E
ro T
tt, CL
0. ° O
N
O C Y E
_'O u G
T C N
n m c
E
L
N ndn
ro 0 .p
N
C y
°
U p -O 0
p d ~ a
m•~,p .a
O
.'C. a CNC
.C v v
N
c o
_w
°
M ro
o ~
c
~ O O
y LC
m ~
d
.a~a¢
8
3
C
e Q
v y
3 d
C
O
N
v
~s
9
ro
d N
d ~
o
c ~
ro ~
m N
CV
d
o o
V
o ~
Q N
d ro
m 3
o w
C
.9 O. y
N ~ O
0
d a
5dc
3 q a
5i a L_
s ~ £3
m
A ° u
d ~L
s 'g B
c
5 ro ~ a
Q
a
C ~ V
~ 14 " m
N ~ b
~ a
i
O
5
a
U
a
n
P
N
N
17
O-
Z
10/12/98 gON_-0:35 FAE 303 424 0828 VALLEY WATER DIS 0002
i
t ai Of the day first
IN WETNESS WHEREOF, the Parties hereto have ¢xecuted the witltin Ag<eemen
abOVewrfttern.
I
/ I
1
- AT[FST•
' 7 r f 41/r` r
' (TFrt~
a C er'
G~~
(individual A&jwwk9mwnt)
STATE OF COLORADO
COUNTY OF~ ,
m¢ by_ .
The uritlrin and foregoing instrument was acknowledged before
on this day Of f1['C'6l`l~-Tl 19..a
MY commission expires: '
Wdnees my hand and Official seal.
(Corporate Ackiwwledgmeru)
STATE OF COLORADO ) M
m.
COUNTY OF
The foregoing mstruomt was acmowledged before me by
pmmdent and
as -
Secretary of
corporation
on this day of - 19
My commission expires:
Wvrness my hand and official seaL
ATTEST:
Secretary
ty Address. Notary Public
Address:
DISTRICT
president
msr.exeaman
EXHIBIT "A"
Beginning at the Southeast corner of the NW} of Section 17, Township
3 South, Range 69 West of the 6th P.M.. thence West along the South
line of said NWJ a distance of 100 feet, thence North and parallel
with the East line of said NWJ a distance of 30 feet; thence East
and parallel to said South line a distance of 100 feet to the East
line of said NWJ, thence South a distance of 30 feet along said
East line to the Point of Beginning.
EXHIBIT
3 C
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED ("Deed") is made and given this 13th day of
.r„I„ , 1998, by RON BEYER AND MICHELLE BEYER ("Grantor"), to
the CITY OF WHEAT RIDGE, COLORADO, whose address is 7500 W. 29th Avenue,
Wheat Ridge, Colorado 80215 ("Grantee").
WITNESSETH, that the Grantor, for and in consideration of the sum of ONE
DOLLAR ($1.00), and other good and valuable consideration, the receipt of which is herebv
acknowledged by Grantor, has granted, bargained, sold and conveyed, and by these presents
does grant, bargain, sell, convey and confirm unto Grantee, its successors and assigns forever,
all of that certain real property situate, lying and being in the County of Jefferson, State of
Colorado, more particularly described as follows ("the Property"):
See Exhibit A attached hereto and made a part hereof.
TOGETHER WITH all and singular the heriditaments and appurtenances thereunto
belonging, or in any ways appertaining, the reversion and reversions, remainder and
remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and
demand whatsoever of the Grantor, either in law nr equity, of, in and to the Prnperry-
in - SUBJECT TO real estate taxes and assessments for 1998 and subsequent years, a lien
not yet due and payable, and to covenants, conditions, restrictions, easements, rights of way,
and other matters of record, if any;
TO HAVE AND TO HOLD the said Property, with all appurtenances thereunto
belonging, unto Grantee, its successors and assigns forever, for open space purposes;
AND the Grantor, for itself, its successors and assigns, covenants and agrees to and
with Grantee, its successors and assigns, to warrant and defend the quiet and peaceable
possession of the Property by Grantee, its successors and assigns, against every person who
lawfully claims the Property or any part thereof by, through or under Grantor.
IN WITNESS WHEREOF, the Grantor has executed this Deed as of the day and year
first above written.
RON BEYER
KLE\53027\288325.01
MICHELLE BEYER
STATE OF COLORADO )
ss.
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me this \'~,V
of_ 1998, by Ron Beyer and Michelle Beyer.
Witness my hand and official seal.
My commission expires:
-Ckq
to Public
KLE\53027\288325.01
EXHIBIT A
(Legal Description of Easement Area)
A tract of land lying in the NE 1/4 of Section 17, Township 3 South, Range 69 West of the 6th
Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as:
THE EAST 99.42 FEET OF THE SOUTH 30 FEET OF SAID NE 1/4 OF SECTION 17.
EXHIBIT A
(Legal Description of Easement Area)
A tract of land lying in the NE 1/4 of Section 17, Township 3 South, Range 69 West of the 6th
Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as:
THE EAST 99.42 FEET OF THE SOUTH 30 FEET OF SAID NE 1/4 OF SECTION 17.
2.~
CITY COUNCIL MINUTES: JULY 13, 1998 Page 2-
Motion by Mr. DiTullio to switch Agenda Items 8 and 4 because a number of people are
present to speak under Item 8; seconded by Mr. Eafanti; carried 6-2 with Mr. Siler and Mr.
Mancinelli_voting-no.
Motion by Mrs. Worth to switch Agenda Items 3 and 2; seconded by Mr. Eafanti; carried 7-1
with Mr. Mancinelli voting no.
Motion by Mrs. Worth to remove Item 10; seconded by Mr. DiTullio; carried 8-0.
CITIZENS' RIGHTS TO SPEAK
There was no one present to speak.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
tem 1. Council Bill 25 - An Ordinance vacating a portion of West 52nd Avenue within the
City of Wheat Ridge, County of Jefferson, State of Colorado.
(Case No. WV-98-03)
Council Bill 25 was introduced on second reading by Mrs. Dalbec; title read by the Clerk;
Ordinance No. 1125 assigned.
Motion by Mrs. Dalbec for approval of Council Bill 25 (Ordinance 1125); seconded by Mr.
Eafanti.
Motion by Mrs. Dalbec for an amendment on Exhibit B, Easement Agreement, 1. (d) the words
"subject to review by City Council" be added; seconded by Mr. Eafanti.
Mrs. Worth asked to add to Mrs. Dalbec's amendment to change the word 'complaints' to
"citations". Mrs. Dalbec accepted that as a friendly amendment.
Motion on the amendment tied 4-4 with Councilmembers Shaver, Worth, Eafanti, and Dalbec
voting yes. Mayor broke the tie by voting no. Motion failed 5-4.
Motion by Mrs. Worth for an amendment to change the word "complaints" to "citations";
seconded by Mr. Siler, carried 8-0.
Motion by Mrs. Worth that the wording in Exhibit B, second paragraph, be changed to read:
"Such Easement Area is also simultaneously being conveyed by grantor of a nonexclusive
easement to the Valley Water District"; seconded by Mr. DiTullio; carried 8-0.
Vote on original motion as amended carried 8-0.
INTRODUCED BY COUNCIL MEMBER Dalbec
Council Bill No. 25
Ordinance No. 1125
Series of 1998
TITLE: AN ORDINANCE VACATING A PORTION OF West 52nd Avenue
(CASE NO. WV-98-03 ) WITHIN THE CITY OF WHEAT RIDGE,
COUNTY OF JEFFERSON, STATE OF COLORADO
WHEREAS, the subject right-of-way lies within the City of Wheat Ridge,
County of Jefferson, State of Colorado; and
WHEREAS, the subject right-of-way is not needed for any public purpose;
and
WHEREAS, the vacation is a condition of that certain Annexation Agreement
between the City of Wheat Ridge and Ron and Michelle Beyer dated March 23,
1998; and
WHEREAS, no land adjoining the subject right-of-way will be left without
access to the public street system as a consequence of its vacation.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO THAT:
Section 1. Vacation. The following portion of West 52nd Avenue, a
dedicated street within the City of Wheat Ridge, County of Jefferson, State of
Colorado, is hereby vacated:
See Exhibit A attached hereto and incorporated herein by reference.
Section 2. Conditions. The Mayor and Clerk of the City of Wheat Ridge
may execute this Ordinance and an easement in substantially the form attached
hereto as Exhibit B in connection herewith upon two conditions: (a) a 30-foot
utility easement and pedestrian access is hereby reserved over the property hereby /
vacated in accordance with Section 43-2-303(3), C.R.S., and (b) a deed in
substantially the form attached hereto as Exhibit C shall be executed by Ron and
Michelle Beyer.
KLE\53027\288055.01
Section 3. Vesting. Upon_ the vacation accomplished hereby, title to the
property vacated shall revert to abutting property owner(s) of record in the manner
set forth in Section 43-2-302, C.R.S.
Section 4. Safety 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.
Section 5. Severability. If any clause, sentence, paragraph, or part of this
Ordinance Code or the application thereof to any person or circumstances shall for
any reason be adjusted by a court of competent jurisdiction invalid, such judgment
shall not affect application to other persons or circumstances.
Section 6. Effective Date. This Ordinance shall take effect fifteen days after
final publication as provided by the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to
0 on this 22nd day of June , 1998, 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 July 13, 1998 , 1998, at
7:00 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 8 to o this 13th day of July 1998.
SIGNED by the Mayor on this 16th day of July 1998.
/ Q7
6 :alo/
AETCHEN CEO ENY, MAYOR
ATTEST:
WANDA SANG, CITY ERK
KLE\53027\288055.01 2
APPROVED AS TO FORM BY CITY
ATTORNEY
GER'A'LD E. DAHL, CITY ATTORNEY
First Publication: June 26, 1998
Second Publication: July 24, 1998
Wheat Ridge Transcript
Effective Date: August 8, 1998
KLE1530271288055.01 3
EXH031T A
(Legal Description of Easement Area)
- - A tractof land lying in the NE 1/4 of Section 17, Township 3 South, Range 69 West of the 6th
Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as:
THE EAST 99.42 FEET OF THE SOUTH 30 FEET OF SAID NE 1/4 OF SECTION 17.
AGENDA ITEM RECAP
- PUBLIC HEARINGS
- PROC./CEREMONIES
- BIDS/MOTIONS
- INFORMATION ONLY
QUASI-JUDICIAL
Yes No
- CITY MGR. MATTERS
- CITY ATTY. MATTERS
LIQUOR HEARINGS
- PUBLIC COMMENT
- ELEC. OFFICIALS MATTERS
- ORDINANCES FOR 1ST READING
`L ORDINANCES FOR 2ND READING
RESOLUTIONS
AGENDA ITEM TITLE: Council Bill 25, an ordinance vacating a portion of 52nd
Ave. Right of way at approximately Swadley.
SUMMARY/RECOMMENDATION: As agreed upon in the recently concluded Beyer and
Baker annexation property north of 52nd Ave., the City must vacate a portion
of the roadway and then receive it as open space. C.B.25 was approved on
first reading on June 22, 1998, and is recommended for approval on second
reading.
ATTACHMENTS:
1) C.B. 25
2)
3)
BUDGETED _
ITEM: Yes
Fund
Dept/Acct
Budgeted Amount
Requested Expend. $
Requires Transfer/
Supp. Appropriation
Yes No
SUGGESTED MOTION:
I move that council Bill 25 be approved.
/I L 6~Ujj Of Of
AM 1s644 ~e~CO ifs
&,Aetno) wt Lad ~'s
a
COMn dIVt V ed j CtfN Ol~S 8-0
No
INTRODUCED BY COUNCIL MEMBER Dalbec
Council. Bill..No. 25
Ordinance No.
Series of 1998
TITLE: AN ORDINANCE VACATING A PORTION OF West 52nd Avenue
(CASE NO. WV-98-03 ) WITHIN THE CITY OF WHEAT RIDGE,
COUNTY OF JEFFERSON, STATE OF COLORADO
WHEREAS, the subject right-of-way lies within the City of Wheat Ridge,
County of Jefferson, State of Colorado; and
WHEREAS, the subject right-of-way is not needed for any public purpose;
and
WHEREAS, the vacation is a condition of that certain Annexation Agreement
between the City of Wheat Ridge and Ron and Michelle Beyer dated March 23,
1998; and
WHEREAS, no land adjoining the subject right-of-way will be left without.
access to the public street system as a consequence of its vacation.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO THAT:
Section 1. Vacation. The following portion of West 52nd Avenue, a
dedicated street within the City of Wheat Ridge, County of Jefferson, State of
Colorado, is hereby vacated:
See Exhibit A attached hereto and incorporated here n by,"feference,
Section 2. Conditions. The Mayor and Clerk of the City of Wheat Ridge
may execute this Ordinance and an easement in substantially the form attached
hereto as Exhibit B-, in connection herewith upon two conditions: (a) a 30-foot
utility easement and pedestrian access is hereby reserved over the property hereby
vacated in accordance with Section 43-.2-3D3(3)' C.R.S., and (b) a deed in
sutigtantially the. form attached-hereto as Exhibit C shall be executed by Ron and
Michelle Beyer.
KLE\53027\288055.01
Section 3. Vestino. Upon the vacation accomplished hereby, title to the
property vacated shall, revert._to abutting property owner(s) of record in the manner
set forth in Section 43-2-302, C.R.S.
Section 4. Safety 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.
Section 5. Severability. If any clause, sentence, paragraph, or part of this
Ordinance Code or the application thereof to any person or circumstances shall for
any reason be adjusted by a court of competent jurisdiction invalid, such judgment
shall not affect application to other persons or circumstances.
Section 6. Effective Date. This Ordinance shall take effect fifteen days after
final publication as provided by the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to
0 on this 22nd day of June 1998, 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 July 13, 1998 , 1998, at
7:00 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 , 1998.
SIGNED by the Mayor on this day of 1998.
GRETCHEN CERVENY, MAYOR
ATTEST:
WANDA SANG, CITY CLERK
KLE\53027\288055.01 2
APPROVED AS TO FORM BY CITY
..ATTORNEY
GERALD E. DAHL,.CITY ATTORNEY
First Publication: June 26, 1998
Second Publication:
Wheat Ridge Transcript
Effective Date:
KLE\53027\288055.01 3
EXHIBIT A
(Legal Description of Easement Area)
A tract of land lying in the NE 1/4 of Section 17, Township 3 South, Range 69 West of the 6th
Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as:
THE EAST 99.42 FEET OF THE SOUTH 30 FEET OF SAID NE 1/4 OF SECTION 17.
EXHIBIT
EASEMENT AGREEMENT
The CITY OF WHEAT RIDGE, a Colorado home rule municipal corporation of the
State of Colorado (hereinafter "Grantor"), for and in consideration of the sum of Ten and
No/100ths Dollars ($10.00), and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant, sell and convey to Ron Beyer
and Michelle Beyer, ("Beyer") an easement ("Easement") in. the nature of a nonexclusive
easement for storage, over, across and through that certain real property owned by Grantor and
situate in the County of Jefferson, State of Colorado, more particularly described as follows:
See Exhibit A attached hereto and incorporated herein by reference -
(the "Easement Area"), which area adjoins Beyer's property (the "Property"). This Easement
is granted to Beyer in accordance with the terms of that certain Annexation Agreerre ttd~ated
March 23, 1998. Such Easement Area is also simultaneously being conveyed by t+attt of a
nonexclusive easement to the Valley Water District,in ° alLy the form attached herec "
By acceptance hereof, Beyer acknowledges that the Easement and rights hereby granted
are subject to the following conditions:
1. Beyer shall be permitted to store within the Easement Area its trucks and the dumpster
which are used in connection with its landscape business (the "Business"), so long as:
(a) The Business and storage in the Easement Area are conducted in substantially
the same manner as of the date of this Agreement;
(b) No. building permit is issued on the Property, other than as necessary for
operation of the Business and for no other purpose;
(c) The Property has not been conveyed, sold, abandoned, or transferred;
(d) The Easement Area shall be kept clean and free of debris and trash. The
Easement Area shall be deemed to be clean and maintained in accordance with
the terms of this Agreement so long as no more than three (3) nuisance
are issued by the City of Wheat Ridge relating to the Easement Area
7in five (5) year periodSq ip "MeW Of CtV ~ CVtJ1AC11 ,
9 V
KLE\53027\288585.01
(e) Grantor has not provided 30 days' notice to Beyer of its intent to contruct a
pedestrian trail or sidewalk within the Easement Area.
In the event of the occurrence of any of the events listed in subsections a through e
above, Grantor shall have the right (but not the obligation), at its option, to (i) terminate this
Agreement, or (ii) enter the Easement, and so much of Beyer's adjoining lands as may be
necessary or convenient, to perform such maintenance or remove such materials as may be
necessary. All work performed by the Grantor in connection with the exercise of the Grantor's
rights under this paragraph shall be performed with reasonable care, and the surface of any
property adjoining the Easement Area which' may be damaged during such work shall,
following such work, be restored by the Grantor to a condition reasonably similar to its
original condition.
Beyer covenants and agrees that no building, structure or other above or below ground
improvement or other obstruction that will interfere with the full use and enjoyment of the
Easement will be placed, erected, installed or permitted upon the Easement Area; and Beyer
further covenants and agrees that in the event the terms of this paragraph are violated by
Beyer, or any person in privy with Beyer, such violation will be corrected and eliminated
immediately by Beyer upon receipt of notice from the Grantor. In the event that Beyer shall
fail to remedy such violation, Grantor shall have the right to correct and eliminate such
violation, at the sole cost and expense of Beyer, or, alternatively, to terminate this Easement
upon written notice to Beyer.
Beyer, on behalf of its its heirs, devisees, legal representatives, successors and
assigns, hereby expressly releases the Grantor from any and all claims for damages, whether
actual, consequential or special, which may be suffered or claimed by Beyer, or anyone
claiming by, through or under Beyer, relating to, arising from, or incident to any work
performed by the Grantor in the exercise of the Grantor's rights under this Agreement.
Any and all costs and expenses, including reasonable attorneys fees and court costs,
which may be incurred by the Grantor with respect to its performance of Beyer's
responsibilities hereunder, or with respect to the enforcement of the Easement and/or this
Agreement shall be billed to Beyer, and shall be due and payable by Beyer upon receipt of the
invoice from Grantor. In the event that Beyer fails to fully reimburse the Grantor within thirty
(30) days after submission of the bill, such unpaid amounts shall thereafter accrue interest at
the rate set forth in C.R.S. §39-12-103(3), and the Beyer agrees that the Grantor shall have the
right to place a lien against the real property comprising the Easement Area to the full extent of
all such unreimbursed costs, expenses and interest, which lien shall be enforceable and
KLE\530271288585.01
foreclosable in the same manner as any mortgage or deed of trust in the State of Colorado.
Notwithstanding the foregoing, and to the extent permitted by applicable law, Grantor shall
have the right to certify the outstanding indebtedness obligation of Beyer to the Jefferson
County Treasurer and to cause such obligation to be included in the real property tax and
assessment bill levied against the tax parcel(s) which encompass the Easement Area.
The Easement granted hereby may terminate in accordance with the terms hereof and
shall bind and constitute an equitable servitude until and unless terminated in accordance with
the terms of this Agreement. This Agreement, and each of the obligations of Grantor, and
each of the rights of Beyer, set forth herein shall be binding upon the parties hereto and their
respective heirs, devisees, legal representatives, successors and assigns.
IN WITNESS WHEREOF, Grantor has executed this instrument this day of
1998.
GRANTOR:
THE CITY OF WHEAT RIDGE,
COLORADO
By:Gretchen Cerveny
Its:Mayor
ATTEST
Wanda Sang, City Clerk
KLE\53027\288585.01
EXHIBIT A..
(Legal Description of Easement Area)
A tract of land lying in the NE 1/4 of Section 17, Township 3 South, Range 69 West of the 6th
Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as:
THE EAST 99.42 FEET OF THE SOUTH 30 FEET OF SAID NE 1/4 OF SECTION 17.
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED ("Deed") is made and given this day of
, 1998, by RON BEYER AND MICHELLE BEYER ('Grantor"), to
the CITY OF WHEAT RIDGE, COLORADO, whose address is 7500 W. 29th Avenue,
Wheat Ridge, Colorado 80215 ('Grantee").
WITNESSETH, that the Grantor, for and in consideration of the sum of ONE
DOLLAR ($1.00), and other good and valuable consideration, the receipt of which is hereby
acknowvledged by Grantor, has granted, bargained,.sold and conveyed, and by these presents
does grant, bargain, sell, convey and confirm unto Grantee, its successors and assigns forever,
all of that certain real property situate, lying and being in the County of Jefferson, State of
Colorado, more particularly described as follows (`the Property"):
See Exhibit A attached hereto and made a part hereof.
TOGETHER WITH all and singular the heriditaments and appurtenances thereunto
belonging, or in any ways appertaining, the reversion and reversions, remainder and
remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and
demand whatsoever of the Grantor, either in law or equity, of, in and to the Property;
SUBJECT TO real estate taxes and assessments for 1998 and subsequent years, a lien
not yet due and payable, and to covenants, conditions, restrictions, easements, rights of way,
and other matters of record, if any;
TO HAVE AND TO HOLD the said Property, with all appurtenances thereunto
belonging, unto Grantee, its successors and assigns forever, for open space purposes;
AND the Grantor, for itself, its successors and assigns, covenants and agrees to and
with Grantee, its successors and assigns, to warrant and defend the quiet and peaceable
possession of the Property by Grantee, its successors and assigns, against every person who
lawfully claims the Property or any part thereof by, through or under Grantor.
IN WITNESS WHEREOF, the Grantor has executed this Deed as of the day and year
first above written.
RON BEYER
KLE\53027\288325.01
STATE OF COLORADO )
ss.
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me this
of 1998, by Ron Beyer and Michelle Beyer.
Witness my hand and official seal.
My commission expires:
(SEAL)
Notary Public
day
KLE\53027\288325.01
EXHIBIT A
(Legal Description of Easement Area)
A tract of land lying in the NE 1/4 of Section 17, Township 3 South, Range 69 West of the 6th
Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as:
THE EAST 99.42 FEET OF THE SOUTH 30 FEET OF SAID NE 1/4 OF SECTION 17
WHEAT RIDGE CITY C. 'INCIL MEETING: JUNE 22, 1998 PAGE -7-
Motion by Mrs. Dalbec for an amendment that Note 3 stay as is on the plat; seconded
by Mrs. Shaver.
Mrs. Shaver asked questions of Mr. Vohoska. Mayor Cerveny stated the question
period was over and a vote was to be taken.
Mrs. Shaver appealed that decision to the body. Motion carried 5-2 with Mr. Mancinelli
and Mr. Eafanti voting no.
Mrs. Shaver then continued questioning the applicants.
Mr. DiTullio called for the question; seconded by Mr. Mancinelli; carried 7-0.
Vote on amendment carried 4-3 with Councilmembers Siler, Mancinelli and DiTullio
voting no.
Mrs. Dalbec called for the question; seconded by Mrs. Worth; carried 6-1 with Mr.
Eafanti voting no.
Vote on original motion as amended carried 5-2 with Mr. Siler and Mr. DiTullio voting
no.
ITEM 6.- Council Bill 20 - An Ordinance amending the Wheat Ridge Code of Laws.
Section 2-53(D), concerning Voting Rules for the Board of Adjustment,
City of Wheat Ridge, County of Jefferson, State of Colorado.
06.4-9 ? D Co .
Council Bill 20 was introduced on second reading by Mrs. Worth, who also read the
title. Clerk assigned Ordinance No. 1124. -
Mr. Dahl explained the reasons for this Ordinance and recommended approval.
Motion by Mrs. Worth that Council Bill 20 (Ordinance 1124) be adopted on second
reading and take effect 15 days after final publication; seconded by Mrs. Dalbec;
carried 7-0.
ORDINANCES ON FIRST READING
ITEM 7. Council Bill 25 - An Ordinance vacating a portion of West 52nd Avenue
(Case No. WV-98-03) within the City of Wheat Ridge, County of Jefferson,
State of Colorado.
Council Bill 25 was introduced on.first reading by Mrs. Dalbec, who also read the title
and summary.
Motion by Mrs. Dalbec that Council Bill 25 be approved on first reading, ordered
published, public hearing be set for Monday, July 13, 1998 at 7:00 p.m. in City Council
Chambers, Municipal Building, and if approved on second reading, take effect 15 days
after final publication; seconded by Mrs. Worth; carried 7-0.
AGENDA ITEM RECAP
V "q g,0-3
QUASI-JUDICIAL
Yes No
- PUBLIC HEARINGS - CITY ADM. MATTERS
- PROC./CEREMONIES _ CITY ATTY. MATTERS
- BIDS/MOTIONS _ LIQUOR HEARINGS
- INFORMATION ONLY PUBLIC COMMENT
AGENDA ITEM TITLE: COUNCIL BILL AN ORDINANCE
RIGHT OF WAY AT APPROXIMATELY SWADLEY.
- ELEC. OFFICIALS MATTERS
y ORDINANCES FOR 1ST READING
ORDINANCES FOR 2ND READING
- RESOLUTIONS
VACATING A PORTION OF 52nd
SUMMARY/RECOMMENDATION: As agreed upon in the recently concluded Beyer and
Baker annexation property north of 52nd Avenue, the City must vacate a
portion of the roadway and then receive it as open space. The attached
Council Bill for first reading begins that final process. Approval is
recommended.
ATTACHMENTS:
1) RCM memo
2) C. B. ?S~'
3)
BUDGETED
ITEM: Yes
Fund
Dept/Acct
Budgeted Amount
Requested Expend. $
Requires Transfer/
Supp. Appropriation
Yes No
SUGGESTED MOTION:
I move that Council Bill s~ Be approved on first reading, ordered
published, public hearing be set for Monday, July 13, 1998, at 7:00 p.m. in
City Council chambers, Municipal Bldg., and if approved on second reading
take effect 15 days after final publication.
No
All - qA 1-0
CITY OF WHEAT RIDGE
MEMORANDUM
Of WN~gr
4
To: Mayor and City Council
U m
From: Robert C. Middaugh, City Manager
Subject: 52nd Avenue Right of Way Vacation ~O~oeno°
Date: June 17, 1998
Attached please find an ordinance for first reading which is a follow up item to the recently completed
annexation at 52nd and Swadley.
As Council will recall, as one of the conditions of the Beyer and Baker parcel north of 52nd Avenue, the
City agreed. to vacate a portion of the 52nd Avenue right of way and then to receive said right of way as
open space from the Beyers. The attached Council Bill accomplishes this final portion of the annexation
process.
At second reading of this Council Bill, there will also be a deed which will need to be approved by the
City. Council for the final transaction. Approval of this Council Bill is recommended on first reading.
Respectfully submitted,
Robert C. Middaugh
City Manager
Att.
INTRODUCED BY COUNCIL MEMBER _
Council Bill No. 25
Ordinance No.
Series of 1998
TITLE: AN ORDINANCE VACATING A PORTION OF West 52"' Avenue
(CASE NO. WV ) WITHIN THE CITY OF WHEAT RIDGE,
COUNTY OF JEFFERSON, STATE OF COLORADO
. WHEREAS, the subject right-of-way lies within the City of Wheat Ridge,
County of Jefferson, State of Colorado; and
WHEREAS, the subject right-of-way is not needed for any public purpose;
and
WHEREAS, the vacation is a condition of that certain Annexation Agreement
between the City of Wheat Ridge and Ron and Michelle Beyer dated March 23,
1998; and
WHEREAS, no land adjoining the subject right-of-way will be left without
access to the public street system as a consequence of its vacation.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO THAT:
Section 1. Vacation. The following portion of West 52nd Avenue, a
dedicated street within the City of Wheat Ridge, County of Jefferson, State of
Colorado, is hereby vacated:
See Exhibit A attached hereto and incorporated herein by reference.
Section 2. Conditions. The Mayor and Clerk of the City of Wheat Ridge
may.execute this Ordinance and an easement in substantially the form attached
hereto as Exhibit B in connection herewith upon two conditions: (a) a 30-foot
utility easement and pedestrian access is hereby reserved over the property hereby
vacated in accordance with Section 43-2-303(3), C.R.S., and (b) a deed in
substantially the form attached hereto as Exhibit C shall be executed by Ron and
Michelle Beyer.
KLE\53027\288055:01
Section. 3. Vesting. Upon the vacation accomplished hereby, title to the
property vacated shall revert to abutting property owner(s) of record in the manner
set forth in Section 43-2-302, C.R.S.
Section 4. Safety 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.
Section 5. Severability. If any clause, sentence, paragraph,' or part of this
Ordinance Code or the application thereof to any person or circumstances shall for
any reason be adjusted by a court of competent jurisdiction invalid, such judgment
shall not affect application to other persons or circumstances.
Section 6. Effective Date. This Ordinance shall take effect fifteen days after
final publication as provided by the Charter.
INTRODUCED, READ, AND.ADOPTED on first reading by a vote of to
on this _ day of , 1998, 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 , 1998, at
7:00 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 , 1998.
SIGNED by the Mayor on this day of 1998.
GRETCHEN CERVENY, MAYOR
ATTEST:
WANDA SANG, CITY CLERK
KLE\53027\288055.01 2
APPROVED AS TO FORM BY CITY
ATTORNEY
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
GERALD E. DAHL, CITY ATTORNEY
KLE%530271288055.01 3
EXHIBIT A
(Legal Description of Easement Area)
KLE\53027%288055:01 4
EXHIBIT
s'
EASEMENT AGREEMENT
The CITY OF WHEAT RIDGE, a Colorado home rule municipal corporation of the
State of Colorado (hereinafter "Grantor"), for and in consideration of the sum of Ten and
No/100ths Dollars ($10.00), and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, does hereby grant, sell and convey to Ron Beyer
and Michelle Beyer, ("Beyer") an easement ("Easement") in the nature of a nonexclusive
easement for storage, over, across and through that certain real property owned by Grantor and
situate in the County of Jefferson, State of Colorado, more particularly described as follows:
See Exhibit A attached hereto and incorporated herein by reference
(the "Easement Area"), which area adjoins Beyer's property (the "Property"). This Easement
is granted to Beyer in accordance with the terms of that certain Annexation Agreement dated
March 23, 1998. Such Easement Area is also simultaneously being conveyed by grant of a
nonexclusive easement to the Valley Water District in substantially the form attached hereto as
Exhibit A.
By acceptance hereof, Beyer acknowledges that the Easement and rights hereby granted
are subject to the following conditions:
1. Beyer shall be permitted to store within the Easement Area its trucks and the dumpster
which are used in connection with its landscape business (the "Business"), so long as:
(a) The Business and storage in the Easement Area are conducted in substantially
the same manner as of the date of this Agreement;
.,_(b) No building permit is issued on the Property, other than as necessary for
operation of the Business and for no other purpose;
(c) The Property has not been conveyed, sold, abandoned, or transferred;
(d) The Easement Area shall be kept clean and free of debris and trash. The
Easement Area shall be deemed to be clean and maintained in accordance with
the terms of this Agreement so long as no more than three (3) nuisance
complaints are issued by the City of Wheat Ridge relating to the Easement Area
within any five (5) year period;
KLE\53027\288585.01
(e) Grantor has not provided 30 days' notice to Beyer of its intent to contruct a
pedestrian trail or sidewalk within the Easement Area.
In the event of the occurrence of any of the events listed in subsections a through e
above, Grantor shall have the right (but not the obligation), at its option, to (i) terminate this
Agreement, or (ii) enter the Easement, and so much of Beyer's adjoining lands as may be
necessary or convenient, to perform such maintenance or remove such materials as may be
necessary. All work performed by the Grantor in connection with the exercise of the Grantor's
rights under this paragraph shall be performed with reasonable care, and the surface of any
property adjoining the. Easement Area which may be damaged during such work shall,
following such work, be restored by the Grantor to a condition reasonably similar to its
original condition.
Beyer covenants and agrees that no building, structure or other above or,below around
improvement or other obstruction that will interfere with the full use and enjoyment of the
Easement will be placed, erected, installed or permitted upon the Easement Area; and Beyer
further covenants and agrees that in the event the terms of this paragraph are violated by
Beyer, or any person in privy with Beyer, such violation will be corrected and eliminated
immediately by Beyer upon receipt of notice from the Grantor. In the event that Beyer shall
fail to remedy such violation, Grantor shall have the right to correct and eliminate such
violation, at the sole cost and expense of Beyer, or; alternatively, to terminate this Easement
upon written notice to Beyer.
Beyer, on behalf of itself, its heirs, devisees, legal representatives, successors and
assigns, hereby expressly releases the Grantor from any and all claims for damages, whether
actual, consequential or special, which may be suffered or claimed by Beyer, or anyone
claiming by, through or under Beyer, relating to, arising from, or incident to any work
performed by the Grantor in the exercise of the Grantor's rights under this Agreement.
Any and all costs and expenses, including reasonable attorneys fees and court costs,
which may be incurred by the Grantor with respect to its performance of Beyer's
responsibilities hereunder, or with respect to the enforcement of the Easement and/or this
Agreement shall be billed to Beyer, and shall be due and payable by Beyer upon receipt of the
invoice from Grantor. In the event that Beyer fails to fully reimburse the Grantor within thirty
(30) days after submission of the bill, such unpaid amounts shall thereafter accrue interest at
the rate set forth in C.R.S. §39-12-103(3), and the Beyer agrees that the Grantor shall have the
right to place a lien against the real property comprising the Easement Area to the full extent of
all such unreimbursed costs, expenses and interest, which lien shall be enforceable and
K1E53027%288585.01
foreclosable in the same manner as any mortgage or deed of trust in the State of Colorado.
Notwithstanding the foregoing, and to the extent permitted by applicable law, Grantor shall
have the right to certify the outstanding indebtedness obligation of Beyer to the Jefferson
County Treasurer and to cause such obligation to be included in the real property tax and
assessment bill levied against the tax parcel(s) which encompass the Easement Area.
The Easement granted hereby may terminate in accordance with the terms hereof and
shall bind and constitute an equitable servitude until and unless terminated in accordance with
the terms of this Agreement. This Agreement, and each of the obligations of Grantor, and
each of the rights of Beyer, set forth herein shall be binding upon the parties hereto and their
respective heirs, devisees, legal representatives, successors and assigns.
IN WITNESS WHEREOF, Grantor has executed this instrument this _ day of
. 1998.
GRANTOR:
THE CITY OF WHEAT RIDGE,
COLORADO
By:Gretchen Cerveny
Its:Nlayor
ATTEST
Wanda Sang, City Clerk
KLE\53027\288585.01
EXHIBIT A
(Legal Description of Easement)
KLE0302T?88585.01
EXHH181T
S V
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED ("Deed") is made and given this day of
, 1998, by RON BEYER AND MICHELLE BEYER ('Grantor"), to
the CITY OF WHEAT RIDGE, COLORADO, whose address is 7500 W. 29th Avenue,
Wheat Ridge, Colorado 8021 ('Grantee").
WITNESSETH, that the Grantor, for and in consideration of the sum of ONE
DOLLAR ($1.00), and other good and valuable consideration, the receipt of which is hereby
acknowledged by Grantor, has granted, bargained, sold and conveyed, and by these presents
does grant, bargain, sell, convey and confirm unto Grantee, its successors and assigns forever,
all of that certain real property situate, lying and being in the County of Jefferson, State of
Colorado, more particularly described as follows (`the Property");
See Exhibit A attached hereto and made a part hereof.
TOGETHER WITH all and singular the heriditaments and appurtenances thereunto
belonging, or in any gays appertaining, the reversion and reversions, remainder and
remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and
demand whatsoever of the Grantor, either in law or equity, of, in and to the Property;
SUBJECT TO real estate taxes and assessments for 1998 and subsequent years, a lien
not yet due and payable, and to covenants, conditions, restrictions, easements, rights of way,
and other matters of record, if any;
TO HAVE AND TO HOLD the said Property, with all appurtenances thereunto
belonging, unto Grantee, its successors and assigns forever, for open space purposes;
AND the Grantor, for itself, its successors and assigns, covenants and agrees to and
with -Grantee, its successors and assigns, to warrant and defend the quiet and peaceable
possession of the Property by Grantee, its successors and assigns, against every person who
lawfully claims the Property or any part thereof by, through or under Grantor.
IN WITNESS WHEREOF, the Grantor has executed this Deed as of the day and year
first above written.
RON BEYER
KLE\53027\288325.01
i1IICHELLE BEYER
STATE OF COLORADO )
ss.
COUNTY OF JEFFERSON) .
The foregoing instrument was acknowledged before me this day
of 1998, by Ron Beyer and Michelle Beyer.
Witness my hand and official seal_
My commission expires:
Notary Public
(SEAL)
KLE\53027\288325.01
VALLEY WATER DISTRICT
P.O. BOX 9 12101 WEST 52ND AVENUE
WHEAT RIDGE, COLORADO 80034
TELEPHONE 424-9661 REC'E4VED
FAX 424-0828 APR 0 31998
~4~
March 30, 1998
Mr. Alan White
Director of Planning and Development
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
Dear Alan:
Per our discussion Thursday, March 26, attached is the 30' easement
and description needed for the water main line used in reference to
the Beyer property annexation.
If there are any questions, please call. I appreciate your help
regarding this matter.
Sir cer~e~ly/,
Robert Arnold
District Manager