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HomeMy WebLinkAboutKaiser Permanente Ward Road f,(ELI:YTIOI~ NU. Fu793187 31.00 PG: 0001-006 744 RECORDED IN JEFFERSON COUNTY. COLORADO 2/03/1999 11:43:47 ANNEXATION AGREEMENT (/': ~1 I .J_~ THIS ANNEXA nON AGREEMENT made and executed thIs 15th day of December ,1998, by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado home rule mUl1lClpal corporatlOn (herell1after referred to as the "CIty"), and KaIser Permanente or their assIgns (herell1after referred to as the "Landowner"). 1- 0 WIT NESS E T H Whereas, the City of Wheat RIdge, Colorado, IS a Colorado home rule mUl1lClpal corporatIOn, possessmg all of the powers and authontIes granted to It pursuant to ArtIcle XX of the constItution of the State of Colorado, the Home Rule Charter of the CIty as adopted by the reSIdents and electors of the City, and those State Statutes applIcable to the CIty, whIch statutes mclude the MUlllclpal AnnexatIOn Act of 1965, C R.S 9 31-12-101, et gg, and Whereas, Kaiser Pemlanente IS the Landowner of that certam real property whIch IS Identified m Exhibit A, which IS attached hereto and expressly mcorporated herem, whIch property IS contiguous to the corporate boundanes of the CIty of Wheat RIdge, and wlllch IS elIgible for annexation mto the City of Wheat RIdge; and Whereas, the CIty Wishes to annex the property described m Exhibit A, and the Landowner of the property described m ExhibIt A, WIshes to have the same annexed mto the CIty, subject to all of the terms and conditIons set forth herem, and Whereas, the City and the Landowner WIsh to set forth m thIS AnnexatIon Agreement all of the terms and conditions which shall be applIcable to the annexatIon of saId property mto the boundanes of the City, and whIch shall, pursuant to the terms hereof, govem certam aspects of the relatIons between the parties from and after the time of SaId annexation. NOW, THEREFORE, the parties hereto, for themselves, their hem, successors and assigns, do hereby covenant, warrant, and agree as follows SectIOn 1. Agreement Regardmi?- Zonmi?-. The property described m ExhibIt A shall be re-zoned by the Wheat Ridge City Councllm accordance With the provIsIons of thIs paragraph. A. The property, whIch consists of 32 acres more or less, shall be zoned Commercial One (C -1), m accordance With CIty of Wheat RIdge Zonmg Regulations SectIOn 26-22, WIth restnctIons. Exhibit B attached to and mcorporated herem, shall serve as the speCIfic lIst ofland uses permItted on and restncted from occurrll1g on the property B The addltlOnalland use of HelIcopter Landmg and Departll1g specifically for medIcal emergencies and patient transport shall be recogmzed as an allowable and pemlltted land use SectlOn 2. Roadway Improvements. No roadway Improvements shall be reqUired relatIve solely to the annexatlOn and zomng of the subject property -.-) u SectIOn 3. Vested Rights. The Landowner agrees to Waive any and all nghts which have vested as to the annexed property pnor to the date of annexatlOn approval by the City Council of the City of Wheat Ridge. SectIOn 4. ProvISion of Water and Sewer ServIces. The Landowner acknowledges and understands that the City of Wheat RIdge does not prOVIde water and/or sewer serVIces. The Landowner shall be solely responsible for obtammg such services through Colorado special dlstncts, or by pnvate contract, and acknowledges that the CIty has no responsibilIty whatsoever to proVide said serVIces. SectIOn 5. Contmgent Nature of Agreement. This Agreement IS expressly contmgent upon the fulfilImg by both Landowner and the CIty of all actlOns which are necessary to am1ex all of the property described m Exhibit A If the annexatlOn of all of said property, subject to all of the terms and conditIOns oftlllS Annexation Agreement, IS not accomplIshed, the CIty shall be oblIgated to disconnect any portion of the property preVIOusly annexed mto the City upon receipt of a wntten demand from the Landowner that said disconnection actIon take place. SectIOn 6. Enforcement Remedies. A The Landowner may enforce agamst the City through any eqUitable act lOn, mcludmg the seekmg Oflll]Unctlve or mandatory mJunctlve rehef, all of the proVISIOns of paragraphs 1.2,3,4 and 5 hereof B Any CitYWIde ordlllance which IS not mconslstent With any of the provIsions of paragraphs I and 2 above shall be applIcable to and enforceable agamst the Landowner or hiS successor, m the same manner as the same are enforceable agamst any other property owner wlthm the CIty. SectIOn 7: Agreement to be Recorded. ThiS AnnexatIOn Agreement shall be recorded by the City upon ItS adoptlOn by the Wheat RIdge City CounCIL SectIOn 8: Bmdmg on Successors. ThIS AnnexatlOn Agreement, and each and every prOVISIOn thereof, shall be fully bmdmg upon each of the partIes hereto, as well as any hem, successors, or assigns of eIther party. SectIon 9: EntIre A~reement. ThiS AnnexatIon Agreement constItutes the entire agreement between the partlcs, and supersedes any other wntten agreements or any verbal understandmgs which may have been reached between the partIes pnor to the executIon hereof. SectIOn 10: Amendment. ThiS AnnexatIOn Agreement may be amended only upon a wntlllg Signed by each of the partIes after proper and lawful approval thereof by the City CouncIl ofthe City of Wheat Ridge or the Landowner CITY OF WHEAT RIDGE, COLORADO '1 a home rule mumcIpal corporatIOn) , ()/ / \. / . ' BY~, v.v "LU1 l J J2W ~ 'GRETCHEN CER\!ENY, MAY.{)R 'J KaIser Permancnte LANDOWNER ( ) ') -1fY\\~~i~~ Clit\.1>_~ Authonzed Agent for KaIser Permanente I cel1lfy that the I11fOnnatlOn and exhibIts herewIth submItted are true and correct to the best of my knowledge. Subscribed and sworn to me thIS J:L day of .:!A(\ ~ ,1999 I --Jt/~ NOTARY LIe SEAL My C0111111IsslOn Expires. Kevin J, Reiss, Notary Public State of Colorado My Commission Expires 8/24{2oo2 ('. \PI t\NN! N<..i\C ASl~S' KA IS ERanxagrmnt.wpd EXHIBIT A Kaiser Property (( BegInning at the Southeast comer of the S.W. 1/4 of Section 17, Tovvnship 3 South, Range 69 West of the 6th Principal MeridIan. Said Southeast comer being the True Point of Beginning. Thence N 00 18' 19" W along the East line of the said S.W. 1/4 of Section 17 a distance of 624.01 feet. Thence S 89 c 41' 41" W a distance of 929.88 feet. Thence SOlO 22' 00" W a distance of 1,652.86 feet. Thence N 74034' 48" E a distance of960 63 feet. Thence N 00 15' 12" W a distance of 209.67 feet. Thence N 110 OJ' 18" E a distance of 102.00 feet. Thence N 890 44' 48" E a distance of 30.00 feet to the East line of the N. W. 1/4 of Section, 20, Township 3 South, Range 69 West of the 6th Principal Meridian. Thence N 00 15' 12" W, along the said East line of L1,.e N W. 1/4 of Section 20, a distance of 468.01 feet to the True Point of Beginning. This par:cel contains 1.432.534.23 sq. ft. or 32.886 acres The perimeter length is 4.977.06 feet EXHIBIT B KAISER ZONING )/ The Zonmg for the property described m Attaclmlent I shall be CommercIal-One (C -I) pursuant to SectIOn 26-22 of the Wheat Ridge Code of Laws, wIth the followmg modlficatlOns, restnctlOns, and requIrements' I Permitted Principal Uses No buIldmg or land shall be used and no bUlldmg shall be erected, converted or structurally altered unless otherwIse prOVIded herem except for one (1) or more of the followmg uses A. Uses pemutted under the County OffiCIal Development Plan recorded m the Jefferson County Real Estate records m Book 46 at Page 44, ReceptlOn No 86030380, as follows L MedIcal offices. 2. HospItaL 3 Inpatlent and outpatIent care servIces. 4 Inpatlent bUlldmg support. 5. AnCIllary care servIces. 6. Admmlstratlve servIces. 7 General servIces. BUses pemlltted as permitted prinCIpal uses under SectlOn 26-22 (B), CommercIal- One Dlstnct (C -1) of the Wheat RIdge Code of Laws, except the following uses are prohibited: 1 Adult entertamment establIshments. 2. Ambulance servIces. 3 Automobile and lIght duty truck sales and rentaL 4 AutomobIle parts and supplIes sales. 5. Auto service and repmr and mamtenance shops, mcludmg tire sales, muffler shops, fuelIng statIons, detail shops, tune-up shops, engme repmr, transmISSIon repmr, ahgnment serVices, car washes, upholstery shops, radiator repair shops, lubncatlOn servIces, and sound system shops. 6 Boat, camper, and travel trmler sales, rental, and services. 7 Commercial machme shops. 8 Commumty buIldmgs, Y M.C.A. 's, YWCA. 's, libraries, parks, museums, aquanums and art gallenes. 9 Churches. 10 EqUIpment rental agenCIes. 17 18 19. 20 21 22. 23 24 11. 12 13. 14 Golf courses. Greenhouses and wholesale nursenes. Homes for the aged, nursIng homes and congregate care homes. Govenunent or quasI-governmental buildIngs and offices or publIc utIlIty bUlldmgs, where outside storage, operations or repaIr facilItIes are not planned Indoor and outdoor flea markets. Indoor amusement and recreatIonal enterpnses, such as rol1er nnks, bowlIng alleys, arcades and SImIlar uses. LIquor stores. Lumber yards and buildIng supply stores. Mortuanes and crematonums. Motorcycle sales, servIce and repaIr Pawn shops. PublIc and pnvate schools. Pnvate clubs, socIal clubs, bIngo parlors and sImIlar uses RecreatIonal vehIcle, camper and/or assocIated eqUIpment sales and/or repaIr, or storage lots. RoomIng and boarding houses. Taverns, mght clubs, lounges, pnvate clubs and bars. Tobacco shops. Truck stops. Vetennary HospItals or clImcs. ~- 15. 16. 25 26 27 28 29 II. Site Plan Requirement All permItted uses shall be reqUIred to receive approval of a sIte plan pnor to Issuance of a bUIlding permIt. The site plan shall be prepared In accordance WIth SectIon 26-6(E)(2), Type II SIte Plan, of the Wheat RIdge Code of Laws. The sIte plan shall be revIewed by the PlannIng CommIssIon and CIty Council at a publIc heanng follOWIng the publIc notIce reqUIrements of Section 26-6(F) III. Special Uses Any use proposed for the property not specIfically permItted under SectIon I above, but permItted In the CommercIal-One zone distnct as a condItIOnal use or speCIal use, shall be processed In accordance WIth SectIOn 26-6(B), SpeCIal Uses, of the Wheat Ridge Code of Laws. SpecIal uses shall be subject to revIew by Planmng CommISSIOn and City CouncIl and shall mclude a sIte plan as reqUIred In SectIOn 26-6(B) AddItIOnally, SectIOn 5 10 of the CIty of Wheat RIdge CIty Charter, tItled ActIOn by OrdInance Reql1lred, and IncludIng speCIfic procedures relatIve to legal protests, shall be m effect and applIcable to the grantmg of SpeCIal Uses. IV Development Standards' All uses shall be subject to the development standards enumerated for the CommercIal-One zone distnct in SectIOn 26-22(F) of the Wheat RIdge Code of Laws. C PLANNI:'oIG\CASES\C ClkisrANXAG RA TCH2. wpd Kaiser Zoning WZ-98-16 Page 2 PETITION FOR ANNEXATION RE. o~ =i-j -<-< (}o r" rTi- ;:0< ;:>'C:::c The undersigned landowners, in accordance with the provIsions of Title 31, Article ~, "'" ~ Part 1, C.R.S. and known as the Municipal Annexation act of 1965, as amended, hereby pe!t:tJono-j the City Council for annexation to the City of Wheat Ridge the following described ~ ~~ umncorporated area situate and being m the County of Jefferson, and State of Colorado, to4Mt: g~ THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO PROPERTY KNOWN AS' Kaiser Permanente Ward Road \0 co o C"') .... I 0\ TO. Kaiser Permanente Ward Road. Exhibit A attached hereto and incorporated herem by reference Your petitioners further state as follows. 1. That it is deSirable and necessary that such area be annexed to the City of Wheat Ridge, Colorado. 2. That the area sought to be annexed meets the requirements of SectIOns 31-12-104 and 105, as amended, of the Municipal annexation Act of 1965, in that: A. Not less than one-sixth (1/6) of the perimeter of the area proposed to be annexed is contiguous with the existing boundanes of the City of Wheat Ridge, Colorado. B. A community of interest eXists between the area proposed to be annexed and the City of wheat Ridge, Colorado. C. The area proposed to be annexed is urban or Will be urban in the near future and Said area is integrated or is capable of being integrated with the City of Wheat Ridge, Colorado. D. No land held mldentical ownership, whether consisting of one tract or parcel or real estate or two or more contiguous tracts or parcels of real estate: (1) IS divided into separate parts or parcels without the wntten consent of the landowner or landowners thereof, unless such tracts or parcels are separated by a dedicated street, road, or other pubhc way. (2) comprising 20 acres or more and which, together With the buildings and improvements situated thereon, has a valuation of assessment in excess of $200,000.00 for ad valorem tax purposes for the year next precedmg the annexatIOn, is included within the area proposed to be annexed without the written consent of the landowner or landowners. E. No annexation proceedings have been commenced for the annexatIOn to another municipality of part or all to the territory proposed to be annexed. F. The annexatIOn of the area proposed to be annexed will not result m the detachment of the area from any school district and the attachment of same to another school district. G. The annexation of the area proposed to be annexed will not have the effect of extending the boundary of the City of Wheat Ridge more than three miles in any direction from any pomt of the City's boundary in anyone year. H. If a portion of a platted street or alley is to be annexed, the entire width of said street or alley IS mcluded within the area to be annexed. 1. Reasonable access shall not be denied to landowners, owners of easements or the owners of franchises, adjoimng any platted street or alley to be annexed that Will not be bordered on both Sides by the City of Wheat Ridge. 3. That attached hereto and incorporated herein by reference are four (4) prints of the annexation map, contaming the following information: A. A written legal description of the boundanes for the area proposed to be annexed; B. A map showmg the boundary of the area proposed to be annexed; C. Within the annexation boundary map, a showing of the location of each ownership tract of unplatted land, and, with respect to any area which IS platted, the boundaries and the plat numbers of plots or lots and blocks; D. Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the City of Wheat Ridge and the contiguous boundary of any other municipality abuttmg the area proposed to be annexed. 4. That the petitioners are the landowners of more than fifty percent (50%) of the area sought to be annexed, exclusive of streets and alleys. 5. That all of the petitioners signed this Petition for annexation no more than 180 days pnor to the date of filing of thiS PetitIOn for Annexation. 6. That this Petition for annexation satisfies the requirements of Article II, SectlOn 30, of the ConstItutIon of Colorado in that it is Signed by persons comprising more than fifty percent (50%) of the landowners in the area proposed to be annexed who own more than fifty percent (50%) of said area, excludmg public streets and alleys and any land owned by the City of Wheat Ridge. 7. That upon the AnnexatIon Ordmance becommg effective, all lands within the area sought to be annexed shall become subject to the ordinances, resolutIons, rules and regulations of the CIty of Wheat Ridge, except for general property taxes which shall become effective on January I of the next succeeding year followmg passage of the Annexation Ordinance. Therefore, your petitioners respectfully request that the City Council of the City of Wheat Ridge, Colorado, approve the annexation of the area proposed to be annexed. Whenever from the context If appears appropnate, each term stated in either the singular or plural will mclude the other, and pronouns stated in either the masculine, feminine or the neuter gender will mclude-each of the other genders. KAISER PERMANENTE SIgnature of Landowner Date of Signature Mailmg Address of Landowner Legal Description of Land Owned R.~~o/(H(1~ /~3S-o E. MI<.:~bit~~ttached) ]) GN c..J C?A.. I CP. fOJ-3 I AFFIDAVIT OF CIRCULATOR The undersigned, bemg of lawful age, who bemg first duly sworn upon oath, deposes and says That (he or she) was the circulator of thVOregOmg PetItion for Annexation of lands to the City of Wheat Ridge, Colorado, consisting of pages, including this page, and that each sIgnature thereon was witnessed and is the true signature of the person whose name it purports to be. ~~~ b. ~~' CIrculator STATE OF COLORADO ) )ss COUNTY OF~v ~~) The.forego~ng Af. fidavit ofClr~lator ~a~s subscribed ~d sworn ~o before me thIs t ~ day of (i)rsr~<-i..-'1 . , 199t,by ?/-r>;-'..-/LvC;.C(.,--,<-"-<-,...<_. (I j My CommissIOn expires: ! -(y -99. Notary ~bhc (SEAL) EXHIBIT A A parcel of land lying within the Southwest 1/4 of Section 17 and the Northwest 1/4 of Section 20; Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado, being more par- ticularlY described as follows: Commencing at the South 1/4 corner of said Section 17; thence North 00.0~'2l- West, along the North-South centerline of said Section 17 (being the assumed basis of bearings), a distance of 624.01 feet; thence South 89.55'39- West, a distance of 60.00 feet to a point on the Westerly right- of-way line of Ward Road ,-said point being the TR!JE POINT OF BEGINNING; thence along said Westerly right-of-way line for the following twelve (12) courses: 1. South 0.04'21- East, parallel with. the North-South centerline of Section 17, a distance of 214.54 feet; 2. thence South 89'55'39- West, a distance of 5.00 feet; 3. thence South 0.04'21- East, parallel with the North-South centerline of said Section 17, a distance of 50.00 feet; 4. thence North 89.55'39- East, a distance of 5.00 feet; 5. ~~ence South 0.04'21- East, parallel with the North-South centerline of said Section 17, a distance of-j25.00 feet; 6. ~~ence Sou~~ 89.55'39- West, a distance of 5.00 feet; 7. thence South 0.04'21- East, parallel with the North-South centerline of said Section 17, a distance of 35.04 feet to a point on ~~e South line of said Section 17; 8. thence South 0.01'14- East, parallel with ~~e North-South centerline of said Section 20, a distance of 204.95 feet; 9. thence North 89.58'46- East, a distance of 5.00 feet; 10. thence South 0'01'14- East, a parallel with the North-South centerline of said Section 20, a distance of 362.50 feet; 11. thence North 89.58'46- East, a distance of 10.00 feet; 12. ~~ence South 0'01'14- East, parallel with ~~e North-South centerline of said Section 20, a distance of 209,62 feet; thence South 74'48'46- West, a distance of 960.63 feet; thence North 1'35'58- East, a distance of 1652.86 feet; ~~ence North 89.55'39- East, a distance of 869.88 feet more or less to the TRUE POINT OF_~EGINNING. City of Wheat Ridge In this space there is a large scale map that could not be scanned at the this time. Please see the Wheat ridge Clerks office if you would like to see the map.