HomeMy WebLinkAboutResolution 2011-0009
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 09 Series of 2011 TITLE: A RESOLUTION ACCEPTING AN EASEMENT AND THE TRANSFER OF EXISTING ASSIGNMENTS FROM JEFFERSON COUNTY FOR THE PURPOSE
OF PROVIDING A CORRIDOR FOR THE CLEAR CREEK TRAIL WHEREAS, the Clear Creek Trail is a regional trail, connecting cities and counties in the Denver Metro area, WHEREAS, the trail is contiguous
to the Clear Creek Trail located in the Wheat Ridge Greenbelt; WHEREAS, Jefferson County is conveying an easement and transferring existing assignments for the purpose of accommodating
the Clear Creek Trail in its current location; WHEREAS, the City of Wheat Ridge is in the process of annexing the county property in the specified area; NOW THEREFORE BE IT RESOLVED
by the City Council of the City of Wheat Ridge, Colorado, as follows: Accepts an easement and assignments from Jefferson County for the purpose of providing a corridor for the Clear
Creek trail. DONE AND RESOLVED th is 14th day of Marc , 2011 ATTEST: Michael Snow, City Clerk
COMMISSIONER'S EASEMENT DEED AND ASSIGNMENTS THIS INSTRUMENT is made this __ day of , 2011 , between the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate (the "County"),
acting by and through its duly constituted and appointed Commissioner to quitclaim and to execute this instrument, and the CITY OF WHEAT RlDGE, a municipal corporation ("Wheat Ridge"),
whose legal address is 7500 W. 29th Ave., Wheat Ridge, CO 80215. WITNESSETH THAT WHEREAS, the Board of County Commissioners of the County did at a regular meeting of said Board held
at the Administrative/Judicial Facility in the County on the ___ _ -,----_ ,dayof , 20 II, duly adopt and pass Resolution No. CC 11-_ _ authorizing the quitclaim of interests in the
properties described below (collectively, the "Easement Properties") to Wheat Ridge and the assignments to Wheat Ridge described below, and did by said Resolution appoint and constitute
the undersigned as Commissioner to quitclaim and execute a deed for the Easement Properties to Wheat Ridge and the assignments described below for and on behalfoftbe County, and did
further authorize the undersigned to execute tbis instrument and to affix the seal of the County hereto. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the undersigned, acting as Commissioner aforesaid, does by tbese presents: I. Grant to Wheat Ridge the two property interests described in Exhibit A attached
hereto and incorporated by reference, and assign to Wbeat Ridge all of the County's right, title, interest, and obligations in the portions of the Permanent Trail Easement Agreement
dated June 17,2008, as amended, and the Easement Agreement Regarding Clear Creek Trail Corridor/Coors dated May 18, 1992, as amended, that correspond to the two property interests described
in Exhibit A. 2. Grant to Wheat Ridge the property interest described in Exhibit B attached bereto and incorporated by reference. The County and Wheat Ridge affirmatively state and agree
that the property interest described in Exhibit B shall not merge with Wheat Ridge's fee title. 3. Grant to Wbeat Ridge a permanent, nonexclusive trail easement over the two properties
described in Exhibit C attached hereto and incorporated by reference. This grant is for recreational use by the public and Wbeat Ridge's construction, operation, maintenance, Wheat Ridge
Clear Creek Trail Comm Deed.doc
and administration of a concrete trail and appurtenances within the two properties described in Exhibit C. TOGETHER with any trail and appurtenant fixtures and improvements owned by
the County that are located on the Easement Properties, which are conveyed in an "as-is" condition. TO HAVE AND TO HOLD the above-referenced assignments and grants to Wheat Ridge and
its successors and assigns, for so long as all of the Easement Properties remain within Jefferson County boundaries and are used by Wheat Ridge for public trail purposes, and no longer.
If any portion of the Easement Properties or the hereditaments and appurtenances cease to be within Jefferson County boundaries or are used for any purpose other than by Wheat Ridge
for public trail purposes, the Easement Properties, along with the hereditaments, appurtenances, fixtures and improvements shall revert to the County and this deed, including the within
assignments, shall be null and void. The Easement Properties are depicted, for illustrative purposes only, in Exhibit D attached hereto and incorporated by reference. Wheat Ridge Clear
Creek Trail Comm Deed.doc 2
ATTEST: Deputy Clerk STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) COUNTY OF JEFFERSON STATE OF COLORADO By _________________ ~~ =--:--:-c-----,-------,----,---' Chainnan Board of
County Commissioners Date _________________ _ The foregoing instrument was acknowledged before me this day of-,---_---,-----,--__ :---, 20 I I, by , Chainnan for the Board of County
Commissioners for the County of Jefferson. WITNESS my hand and official seal. My Commission expires: APPROVED AS TO FORM: Steven L. Snyder Assistant County Attorney Wheat Ridge Clear
Creek Trail Camm Deed.doc Notary Public 3
STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) CITY OF WHEAT RJDGE, a municipal corporation BY~~r-~T7~~~~~ -----'¥-\--1H '--'--t-.J.'rf-='----" Mayor h'l.. The foregoing instrument
was acknowledged before me this \..j day of m0 . y-c h , 2011 by --,J.u".f-'Ll(rl;'jIJL...l.\>.I..l.J.u111iI ltui-c"''----______ as Mayor 0 f the City of Wheat Ridge, a municipal corporati0n.
WITNESS my hand and official sea . My Commission expires: -'('i0=-+--,Z=.'=3-L-"~LL-'-____ Wheat Ridge Clear Creek Trail Comm Deed.doc 4
LEGAL DESCRIPTION: PARCEL 1 THAT PORTION OF THE TRAIL EASEMENT GRANTED IN THE PERMANENT TRAIL EASEMENT AGREEMENT RECORDED AT RECEPTION NUMBER 2008073361 AND AMENDED IN RECEPTION NUMBER
2009039786 OF THE JEFFERSON COUNTY RECORDS THAT LIES EASTERLY OF THE MOST WESTERLY ANNEXATION LINE AS SHOWN ON THE ANNEXATION MAP #2 -COORS AT CLEAR CREEK AS RECORDED AT RECEPTION NUMBER
2008106729 OF THE JEFFERSON COUNTY RECORDS, SAID PARCEL BEING LOCATED IN SOUTH HALF OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST AND THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 3
SOUTH, RANGE 70 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL 2 THAT PORTION OF THE TRAIL EASEMENT GRANTED IN THE EASEMENT
AGREEMENT REGARDING CLEAR CREEK TRAIL CORRIDOR/COORS RECORDED AT RECEPTION NUMBER 92093972 AND AMENDED IN THE AMENDMENT, RECORDED AT RECEPTION NUMBER F1435303, BOTH BEING IN THE JEFFERSON
COUNTY RECORDS, WHICH LIES IN CABELA DRIVE AS SHOWN ON CABELAS/COORS SUBDIVISION FILING NO.1, AMENDED, RECORDED AT RECEPTION NUMBER 2006148911 OF THE JEFFERSON COUNTY RECORDS. LAWRENCE
L. PFIFER, PLS 27612 PREPARED FOR AND ON BEHALF OF JEFFERSON COUNTY JEFFERSON COUNTY OPEN SPACE 700 JEFFERSON COUNTY PARKWAY, SUITE 100 GOLDEN, CO 80401 (303) 271-5925 •• EXHIBIT A
LEGAL DESCRIPTION: PARCEL 3 THE TRAIL EASEMENT AS DESCRIBED IN EXHIBIT B OF THE COMMISSIONER'S DEED AS RECORDED IN RECEPTION NUMBER 2007098955 OF THE JEFFERSON COUNTY RECORDS = LAWRENCE
L. PFIFER, PLS 27612 PREPARED FOR AND ON BEHALF OF JEFFERSON COUNTY JEFFERSON COUNTY OPEN SPACE 700 JEFFERSON COUNTY PARKWAY, SUITE 100 GOLDEN, CO 80401 (303) 271-5925 EXHIBIT B f>'
LEGAL DESCRIPTION: PARCEL 4 A STRIP OF LAND LOCATED IN LOT 25 OF ROXBURY GARDENS AS RECORDED IN PLAT BOOK 2 AT PAGE 33 OF THE JEFFERSON COUNTY RECORDS AND ALSO LOCATED IN THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: COMMENCING AT THE SOUTH 1/16 CORNER OF SECTION 19 AND SAID SECTION 20; THENCE N 00' 21'54" E ALONG THE WESTERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SAID SECTION 20, 4.06 FEET TO A POINT ON THE WESTERLY LINE OF LOT 25 OF SAID ROXBURY GARDENS AND THE WESTERLY BOUNDARY LINE OF A PARCEL OF LAND AS DESCRIBED IN BOOK 673 AT PAGE 9, BOTH
RECORDED IN THE JEFFERSON COUNTY RECORDS; THENCE CONTINUING N 00' 21'54" E ALONG THE WESTERLY LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20, THE WESTERLY
LINE OF LOT 25 OF SAID ROXBURY GARDENS AND THE WESTERLY BOUNDARY LINE OF SAID PARCEL OF LAND AS DESCRIBED IN BOOK 673 AT PAGE 9, 61.42FEET, THENCE DEPARTING SAID LINE N 64'45'02" E,
147.89 FEET; THENCE N 69' 56'10" E, 123.86 FEET; THENCE N 81'00'59" E, 116.75 FEET; THENCE N 79' 37'48" E, 144.35 FEET; N 84' 01'23" E, 54.75 FEET; THENCE S 87'23'05" E, 147.38 FEET;
THENCE N 83' 23'48" E, 80.39 FEET; THENCE N 89' 41'13" E, 81.62 FEET; THENCE S 83'29'26" E, 112.99 FEET TO THE WESTERLY RIGHT OF WAY LINE OF INTERSTATE 70 AS DESCRIBED IN BOOK 1875 AT
PAGE 159 OF THE JEFFERSON COUNTY RECORDS; THENCE S 00'33'59" E ALONG SAID WESTERLY RIGHT OF WAY LINE 55.88 FEET; THENCE DEPARTING SAID RIGHT OF WAY LINE S 74' 56'47" W, 22.34 FEET TO
A POINT OF CURVATURE; THENCE 59.45 FEET ALONG AN ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 76.00 FEET, A CENTRAL ANGLE OF 44' 48'56" AND A CHORD WHICH BEARS N 82'38'44" W, 57.94
FEET TO A POINT OF TANGENCY; THENCE N 60' 14'16" W, 21 .95 FEET TO A POINT OF CURVATURE; THENCE 58.03 FEET ALONG AN ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 95.00 FEET, A CENTRAL
ANGLE OF 34'59'58" AND A CHORD WHICH BEARS N 77' 44'16" W, 57.13 FEET TO A POINT OF TANGENCY; THENCE S 84'45'45" W, 116.29 FEET TO A POINT OF CURVATURE; THENCE 126.82 FEET ALONG THE
ARC OF THE CURVE TO THE RIGHT, HAVING A RADIUS OF 735.00 FEET, A CENTRAL ANGLE OF 9' 53'11" AND A CHORD WHICH BEARS S 89' 42'21 W, 126.67 FEET TO A POINT OF TANGENCY; THENCE N 85'21'04"
W, 33.58 FEET TO A POINT OF CURVATURE; THENCE 36.79 FEET ALONG THE ARC OF THE CURVE TO THE LEFT, HAVING A RADIUS OF 165.00 FEET, A CENTRAL ANGLE OF 12' 46'33" AND A CHORD WHICH BEARS
S 88' 15'40" W, 36.72 FEET TO A POINT OF TANGENCY; THENCE S 81'52'23" W, 53.94 FEET TO A POINT OF CURVATURE; THENCE 43.77 FEET ALONG THE ARC OF THE CURVE TO THE LEFT, HAVING A RADIUS
OF 365.00 FEET, A CENTRAL ANGLE OF 6' 52'15" AND A CHORD WHICH BEARS S 78' 26'16" W, 43.74 FEET TO A POINT OF TANGENCY; THENCE S 75' 00'08" W, 65.91 FEET; THENCE S 72' 27'28" W, 212.46
FEET TO A POINT OF CURVATURE; THENCE 86.96 FEET ALONG THE ARC OF THE CURVE TO THE LEFT, HAVING A RADIUS OF 530.00 FEET, A CENTRAL ANGLE OF 9'24'03" AND A CHORD WHICH BEARS S 67' 45'26"
W, 86.86 FEET TO A POINT OF TANGENCY; THENCE S 63' 03'24" W, 4901 FEET, THENCE S 66' 03'07" W, 33.50 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL OF LAND CONTAIN 53,507
SQUARE FEET OR 1.228 ACRES MORE OF LESS. EXHIBIT C
BASIS OF BEARING (ASSUMED): THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 20, T3S, R69W, 6"' P.M , WHICH BEARS S 00°21 '54" W, 1322.03 '. THE NORTHWEST CORNER
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER IS MONUMENTED BY A 3-1 /4" ALUM. CAP IN A RANGE BOX, STAMPED "CITY OF WHEAT RIDGE, LS 13212, T3S, R69W, S19, S20, 1988, SURVEY MONUMENT"
AND THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER IS MONUMENTED BY A 0/," REBAR WITH A 3-1 /4" ALUM. CAP, STAMPED "FARNSWORTH, T3S, R69W, Sl /16, S19, S20, 2004,
LS 16401 " PARCEL 5 A STRIP OF LAND LOCATED IN LOT 1 THROUGH 4 OF ROXBURY GARDENS AS RECORDED IN PLAT BOOK 2 AT PAGE 33 OF THE JEFFERSON COUNTY RECORDS AND ALSO LOCATED IN THE SOUTHEAST
QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS: COMMENCING AT THE SOUTH 1/16 CORNER OF SAID SECTION 19 AND SECTION 20; THENCE S 89°20'58" W ALONG THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SAID SECTION 19, 9.35 FEET TO THE POINT OF BEGINNING; THENCE S 66°03'07 W, 6.13 FEET TO A POINT OF CURVATURE; THENCE 92.33 FEET ALONG AN ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS
OF 360.00 FEET, A CENTRAL ANGLE OF 14°41 '41" AND A CHORD WHICH BEARS S 73°23'58" W, 92.08 FEET TO A POINT OF TANGENCY; THENCE S 80°44'48" W, 76.62 FEET; THENCE S 79°31 '35" W, 78.44
FEET; THENCE S 80°37'16" W, 27.37 FEET TO A POINT OF CURVATURE; THENCE 203.28 FEET ALONG AN ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 1745.00 FEET, A CENTRAL ANGLE OF 6°40'29'
AND A CHORD WHICH BEARS S 83°57'31" W, 203.17 FEET TO A POINT OF TANGENCY; THENCE S 87"17'45" W, 289.76 FEET; THENCE S 87"46'26" W, 79.16 FEET; THENCE S 86°23'46" W, 60.36 FEET; THENCE
S 87"03'56" W, 71 .63 FEET; THENCE S 87"03'49" W, 65.20 FEET TO A POINT OF CURVATURE; THENCE 16901 FEET ALONG AN ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 795.00 FEET, A CENTRAL
ANGLE OF 12°10'50' AND A CHORD WHICH BEARS S 80°58'24" W, 168.69 FEET TO A POINT OF TANGENCY; THENCE S 74°52'59" W, 105.67 FEET TO A POINT ON THE WESTERLY LINE OF THE SOUTHEAST QUARTER
OF THE SOUTHEAST QUARTER OF SAID SECTION 19, THE WESTERLY LINE OF LOT 1 OF SAID ROXBURY GARDENS AND THE WESTERLY BOUNDARY LINE OF A PARCEL OF LAND AS DESCRIBED IN BOOK 673 AT PAGE 9,
BOTH RECORDED IN THE JEFFERSON COUNTY RECORDS; THENCE N 00°09'15" E ALONG THE WESTERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19, THE WESTERLY LINE OF
LOT 1 OF SAID ROXBURY GARDENS AND THE WESTERLY BOUNDARY LINE OF SAID PARCEL OF LAND AS DESCRIBED IN BOOK 673 AT PAGE 9, 59.84 FEET; THENCE DEPARTING SAID WESTERLY LINES N 72°40'55" E,
19.56 FEET; THENCE N 79°21 '53' E, 180.22 FEET; THENCE N 89°14'16" E, 221 .51 FEET; THENCE N 82°39'13" E, 108.01 FEET; THENCE N 88°37'14" E, 383.07 FEET; THENCE N 79°54'36" E, 108.96
FEET; THENCE N 80°27'41 " E, 99.96 FEET TO THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19, THE NORTHERLY LINE OF LOT 4 OF SAID ROXBURY GARDENS
AND THE NORTHERLY BOUNDARY LINE OF A PARCEL OF LAND AS DESCRIBED IN BOOK 673 AT PAGE 9, THENCE N 89°20'58' E ALONG THE NORTHERLY LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SAID SECTION 19, THE NORTHERLY LINE OF LOT 4 OF SAID ROXBURY GAROENS AND THE NORTHERLY BOUNDARY LINE OF A PARCEL OF LAND AS DESCRIBED IN BOOK 673 AT PAGE 9, 196.32 FEET TO THE POINT
OF BEGINNING.
THE ABOVE DESCRIBED PARCEL OF LAND CONTAINS 56,351 SQUARE FEET AND 1.294 ACRES MORE OF LESS. BASIS OF BEARING (ASSUMED): THE WEST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 20, T3S, R69W, 6" P.M., WHICH BEARS S 00°21 '54" W, 1322.03'. THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER IS MONUMENTED BY A 3-1/4" ALUM. CAP IN
A RANGE BOX, STAMPED "CITY OF WHEAT RIDGE, LS 13212, T3S, R69W, S19, S20, 1988, SURVEY MONUMENT" AND THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER IS MONUMENTED
BY A '/." REBAR WITH A 3-1/4" ALUM. CAP, STAMPED "FARNSWORTH, T3S, R69W, S1 /16, S19, S20, 2004, LS 16401" EXCEPT THAT PORTION LYING IN EXHIBIT A OF THE COMMISSIONER'S DEED, RECORDED
AT RECEPTION NUMBER 2007098955 OF THE JEFFERSON COUNTY RECORDS. LAWRENCE L. PFIFER, PLS 27612 PREPARED FOR AND ON BEHALF OF JEFFERSON COUNTY JEFFERSON COUNTY OPEN SPACE 700 JEFFERSON
COUNTY PARKWAY, SUITE 100 GOLDEN, CO 80401 (303) 271-5925
EXHIBIT D DEPICTION OF PARCELS 1-5