HomeMy WebLinkAboutCogent Companies2024044091 7/31/202412:18 PM
PGS 16 $88.00 DF $0.00
Electronically Recorded Jefferson County, CO
Amanda M Gonzalez, Clerk and Recorder TD1000 N
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT.AGREEMENT (this "Agreement") is made as of
2024 (the "Effective Date', by and between the CITY OF WHEAT RIDGE, COLORAW, a
home rule municipal corporation (the "City"), and LONGS PEAK METROPOLITAN DISTRICT,
a quasi -municipal corporation and political subdivision of the State of Colorado, (the
"Developer"), together referred to as the "Parties."
RECITALS
A. The Developer is the owner of certain real property located in the City of Wheat
Ridge, which is more particularly described in Exhibit A and made a part hereof (the "Property'),
commonly known as Jefferson County State Parcel No. 39-193-01-010.
B. On March 12, 2024, Cogent Companies, Inc., as authorized representative for
Developer filed an application for Rezoning of the Property from Agricultural -One (A-1) to
industrial -Employment (I-E).
C. On April 18, 2024, the Planning Commission of the City of Wheat Ridge, after
holding all required public hearings, recommended approval of the Rezoning Application subject
to the following conditions:
l . No vertical construction is permitted; outdoor storage and appropriate screening
are the only permitted uses.
2. A development agreement running with the land will be required to be recorded
with the zone change ordinance to document such use and development
limitations and to ensure future dedication of the property as necessary for the
originally intended purpose of infrastructure and right-of-way at no cost.
D. On June 10, 2024, the City Council of the City of Wheat Ridge approved
Ordinance No. 1794, Series 2024, a copy of which is attached hereto as Exhibit B, which
ordinance approved the Rezoning with the two conditions recommended by the Planning
Commission.
This Agreement is a condition of the Rezoning Application approval.
E. The Rezoning approval cited above is contingent upon the express condition that
all duties created by this Agreement be faithfully performed by the Developer.
AGREEMENT
NOW, therefore, for and in consideration of the mutual promises and covenants contained
herein, the sufficiency of which are mutually acknowledged, the Parties hereto agree as follows:
1. P ose. The purpose of this Agreement is to set forth certain terms, conditions in
connection with the Rezoning and site development of the Property. All conditions contained
herein are in addition to any and all requirements of the City of Wheat Ridge Zoning Ordinance,
the City of Wheat Ridge Charter, any and all state statutes, and any other sections of the City of
Wheat Ridge Municipal Code (collectively, the "City Requirements") and are not intended to
supersede any requirements contained therein. Notwithstanding anything contained in this
Agreement to the contrary, in case of any conflict between the express terms of the City Council
Ordinance approving the Rezoning Application, this Agreement and the City Requirements, the
Agreement shall control. Notwithstanding anything contained in this Agreement to the contrary,
if and to the extent an item is not addressed in the City Requirements, then in case of any conflict
between the express terms of this Agreement and the City Requirements, this Agreement shall
control in all respects.
2. Related Cim, Aereements and Approvals. The Property was annexed into the City
by way of a 2009 Ordinance No. 1437, Ordinance Approving the Annexation of Certain Territory
to the City of Wheat Ridge, Colorado (Case No. ANX-08-03/Long's Peak Metropolitan District).
3. Fees and Taxes. The Developer hereby agrees to pay all related City development
fees for the Rezoning and any site plan required for use of the Property.
4. Limitations on Use of Property.
Property. No vertical construction is permitted.
the only permitted uses on the Property.
No permanent development shall occur on the
Outdoor storage and appropriate screening are
5, Future Dedication of the Propertv by Developer. The annexation of the Property
into the City was made with the intention that the Property be used for public roadway and/or right-
of-way. Should the roadway project return to active status or another roadway use is identified for
the Property, the City must provide Notice to Developer 240 days in advance that the Property is
needed for design and construction of roadway improvements and the Developer shall make the
Property available for construction at the end of the Notice period. In the course of such
construction, Developer will dedicate the Property to the City or to the Colorado Department of
Transportation ("CDOT") as may be required for roadway improvement development. Such
dedication shall be at no charge to the City or CDOT, as may be applicable.
6. Breach by the Developer: the City's Remedies. In the event of a breach of any of
the terms and conditions of this Agreement by the Developer, the City Council shall be notified
immediately and the City may, following the requisite notice and cure as provided below, take
such action as permitted and/or authorized by law, this Agreement, or the ordinances and Charter
of the City as the City deems necessary to protect the public health, safety and welfare. These
remedies include, but are not limited to:
(a) The revocation of any site plan approved for Developer,
(b) An injunction against unauthorized construction upon or unauthorized use of the
Property, or
(c) Any other remedy available at law or in equity.
Unless necessary to protect the immediate health, safety and welfare of the City, the City
shall provide the Developer thirty (30) days written notice of its intent to take any action under
this paragraph during which thirty -day period the Developer may cure the breach described in the
2
notice. Notwithstanding the foregoing, if such breach or noncompliance cannot be reasonably
cured within such thirty (30)-day period, Developer shall be granted such additional time as is
reasonably necessary provided that Developer good faith commences to cure such breach or
noncompliance within such thirty (30)-day period and thereafter diligently completes such cure in
good faith within ninety (90) days after such notice from the City unless the City and Developer
otherwise agree to a longer cure period.
7. Waiver_ of .Defects. In executing this Agreement, the Developer waives all
objections it may have concerning defects, if any, in the formalities whereby it is executed, or
concerning the power of the City to impose conditions on the Developer as set forth herein, and
concerning the procedure, substance, and form of the ordinances or resolutions adopting this
Agreement.
8. Third Par!3, Beneficiaries. There are and shall be no third -party beneficiaries to this
Agreement except the Rezoning Applicant, Cogent Companies, Inc., so long as Cogent
Companies, Inc. is lessee of the Property.
9. Modifications. This instrument embodies the whole agreement of the Parties.
There are no promises, terms, conditions, or obligations other than those contained herein; and this
Agreement shall supersede all previous communications, representations, or agreements, either
verbal or written, between the Parties. There shall be no modification of this Agreement except in
writing, executed with the same formalities as this instrument. Subject to the conditions precedent
herein, this Agreement may be enforced in any court of competent jurisdiction.
10. Release of Liability. It is expressly understood that the City cannot be legally
bound by the representations of any of its agents or their designees except in accordance with the
City of Wheat Ridge Code of Ordinances and the laws of the State of Colorado.
11. Captions. The captions to this Agreement are inserted only for the purpose of
convenient reference and in no way define, limit, or prescribe the scope or intent of this Agreement
or any part thereof.
12. Bindinc,Effect. This Agreement shall be binding upon and inure to the benefit of
the Parties hereto and their respective heirs, successors, and assigns as the case may be.
13. No Waiver. No waiver of any of the provisions of this Agreement shall be deemed
or constitute a waiver of any other provisions herein, nor shall such waiver constitute a continuing
waiver unless otherwise expressly provided, nor shall the waiver of any default hereunder be
deemed a waiver of any subsequent default hereunder.
14. Invalid Provision. If any provision of this Agreement shall be determined to be
void by any court of competent jurisdiction, then such determination shall not affect any other
provision hereof, all of the other provisions shall remain in full force and effect. It is the intention
of the Parties that if any provision of this Agreement is capable of two constructions, one of which
would render the provision void, and the other which would render the provision valid, then the
provision shall have the meaning which renders it valid.
3
15. Governing Law. The laws of the State of Colorado shall govern the validity,
performance, and enforcement of this Agreement. Should either party institute legal suit or action
for enforcement of any obligation contained herein, venue of such suit or action shall be in
Jefferson County, Colorado.
16. A_ ttomevs Fees. In the event that a Party institutes any legal suit, action, or
proceeding, including arbitration, against another Party in respect of a matter arising out of or
relating to this Agreement, the prevailing Party in the suit, action, or proceeding shall be entitled
to receive, in addition to all other damages to which it may be entitled, the costs incurred by such
Party in conducting the suit, action, or proceeding, including reasonable attorneys' fees and
expenses and court costs.
17. Notice. All notices required under this Agreement shall be in writing and shall be
hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to
the addresses of the Parties herein set forth. All notices so given shall be considered effective upon
receipt. Either Party by notice so given may change the address to which future notices shall be
sent.
Notice to Developer: Longs Peak Metropolitan District
7400 E. Orchard Road, Suite 3300
Greenwood Village, Colorado 80111
With a copy to Cogent Companies, Inc.:
Russell Newton, Esq.
Seter, Vander Wall & Mielke, P.C.
7400 E. Orchard Road, Suite 3300
Greenwood Village, Colorado 80111
Kathryn T. James, Esq,
Folkestad Fazekas Barrick & Patoile, P.C.
18 South Wilcox Street, Suite 200
Castle Rock, Colorado 80104
Counsel for Cogent Companies, Inc.
Notice to City: Community Development Director
7500 West 29th Avenue
Wheat Ridge, CO 80033
City Attorney
7500 West 29`h Avenue
Wheat Ridge, CO 80033
4
18. Force Majeure. For purposes hereof, "Force Majeure" shall mean delay beyond the
reasonable control of the party claiming the delay, including, but not limited to, acts of God, any
delay caused by any action, inaction, order, ruling, moratorium, regulation, statute, condition or
other decision of any governmental or quasi -governmental agency or entity having jurisdiction
over any portion of the Property, or by fire, casualty, flood, adverse weather conditions such as,
by way of illustration and not limitation, wind, snow storms or prolonged moisture which prevent
outdoor work from being accomplished, severe rain storms or below freezing temperatures of
abnormal degree or for an abnormal duration, tornadoes, earthquakes, floods, strikes, lockouts or
other labor or industrial disturbance (whether or not on the part of agents or employees of either
Party hereto, civil disturbance, order of any government, court or regulatory body claiming
jurisdiction or otherwise, act of public enemy, war, riot, sabotage, blockage, embargo, failure or
inability to secure materials or labor (including labor and materials shortages caused by national
weather or other national events), or other natural or civil disaster, delays caused by any dispute
resolution process provided herein, or any delays by injunctions or lawsuits concerning the overall
project. Lack of funds or inability to obtain internal approvals shall not constitute Force Majeure.
19. Recording of Agreement. This Agreement shall be recorded in the real estate
records of Jefferson County and shall be a covenant running with the Property in order to put
prospective purchases or other interested parties on notice as to the terms and provisions hereof
and to bind future successors and assigns to the terms herein.
20. Title and Authority. The Developer expressly warrants and represents to the City
that it is the sole record owner of the property constituting the Property and further represents and
warrants that Developer has full power and authority to enter into this Development Agreement.
The Developer and the undersigned individual(s) understand that the City is relying on such
representations and warranties in entering into this Agreement.
WHEREFORE, the Parties hereto have executed this Agreement on the day and year first
above written.
[Remainder of Page Intentionally Left Blank]
CITY OF WHEAT RIDGE, COLORADO
By. A) J dl-k,,,-
Bud Starker, Mayor
ATTEST:
GAOL o_A_
Margy GreW, qniOT Deputy City Clerk
Gerald Dahl, City Attorney
DEVELOPER
LONGS PEAK METROPOLITAN
DISTRICT, a quasi -municipal corporation
and political subdivision of the State of
Colorado
Name' IYler Carlson
Its: President
ATTEST:
B. _
Name:
Its: Secrewv---",,
STATE OF COLORADO )
) SS.
� r COUNTY OF n e-r_ __ }
The foregoing instrument was acknowledged before me this ,.? ,5aay of
20�, by �s-/,Sew , as
of
(SEAL)
Witness my hand and official seal.
My commission expires:
...ar — —
LISA RITTER
NOTARY PUBLIC - STATE OF COLORADO
NOTARY ID 20184019793
MY COMMISSION EXPIRES MAY 9, 2026
Ncrrary Public
7
EXHIBIT A
Legal Description of Developer Property
PARCEL 26
A TRACT OR PARCEL OF LAND NO. 26 OF THE DEPARTMENT OF
TRANSPORTATION, STATE OF COLORADO, PROJECT NO.CC 0581-009 CONTAINING
1.762 ACRES, MORE OR LESS, IN THE SOUTHWEST 114 OF SECTION 19, TOWNSHIP 3
SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF
WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SAID TRACT OR
PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 19, WHENCE THE
NORTHWEST CORNER OF SAID SECTION 19 BEARS N00003'10'W ALONG THE WEST
LINE OF SAID NORTHWEST 1/4, 2,638.99 FEET, THENCE S60°06' 12"E, 771.39 FEET TO
THE POINT OF BEGINNING;
THENCE N87038'I1"E, 249.89 FEET TO THE EAST BOUNDARY LINE OF THAT
PARCEL OF LAND DESCRIBED AT RECEPTION NUMBER 2006065973 IN THE
JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE;
THENCE S00022'07"E, 124.20 FEET ALONG SAID EAST BOUNDARY LINE TO THE
NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 58 AS DESCRIBED IN
THAT DOCUMENT RECORDED IN BOOK 2230, PAGE 219, AND BOOK 2116, PAGE 162,
AT RECEPTION NUMBERS 334132 AND 400712, RESPECTIVELY, IN SAID OFFICE;
THENCE S80035'52"W, 929.79 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE
TO THE WEST LINE OF SAID SOUTHWEST 1/4;
THENCE N00010'06"W, 35.52 FEET ALONG SAID WEST LINE;
THENCE N79047'27"E, 403.08 FEET;
THENCE N59033' 17"E, 313.45 FEET TO THE POINT OF BEGINNING, CONTAINING
76,772 SQUARE FEET OR 1.762 ACRES, MORE OR LESS.
PARCEL 26A
A TRACT OR PARCEL OF LAND NO. 26A OF THE DEPARTMENT OF
TRANSPORTATION, STATE OF COLORADO, PROJECT NO. CC 0581-009 CONTAINING
1.832 ACRES, MORE OR LESS, IN THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 3
SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF
WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SAID TRACT OR
PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 19, WHENCE THE
NORTHWEST CORNER OF SAID SECTION 19 BEARS N00003' 10'W ALONG THE WEST
0
LINE. OF SAID NORTHWEST 1/4, 2,638.99 FEET, THENCE S60°06' 12"E, 771.39 FEET TO
THE POINT OF BEGINNING;
THENCE N14°08'29"E, 160.48 FEET;
THENCE N00012'55"W, 187.99 FEET;
THENCE S89°30'00"W, 290.63 FEET
THENCE N00053'40"W, 9.92 FEET TO THE NORTH BOUNDARY LINE OF THAT
PARCEL OF LAND DESCRIBED IN BOOK 50, PAGE 31, AT RECEPTION NUMBER
76830328, ALSO BEING THE NORTH BOUNDARY LINE OF ASPIIALT PAVING
SUBDIVISION, FILING NO. 1 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S
OFFICE;
THENCE N89006'21"E, 499.77 FEET ALONG THE NORTH BOUNDARY LINE OF
ASPHALT PAVING SUBDIVISION, FILING NO. I TO THE EAST BOUNDARY LINE OF
SAID SUBDIVISION;
THENCE S00022'07"E, 348.49 FEET ALONG SAID EAST BOUNDARY LINE OF SAID
SUBDIVISION;
THENCE S87038' 11"W, 249.89 FEET TO THE POINT OF BEGINNING, CONTAINING
79,797 SQUARE FEET OR 1.832 ACRES, MORE OR LESS.
PARCEL AC-26
EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR TO AND FROM
ANY PART OF THE RIGHT-OF-WAY OF COLORADO STATE HIGHWAY NO. 58, A
FREEWAY ESTABLISHED ACCORDING TO THE LAWS OF THE STATE OF
COLORADO, AND FROM AND TO ANY PART OF THE REAL PROPERTY OF THE
GRANTOR IN THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69
WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO ABUTTING UPON SAID HIGHWAY. ALONG OR
ACROSS THE ACCESS LINES DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 19, WHENCE THE
NORTHWEST CORNER OF SAID SECTION 19 BEARS N00003' 10'W ALONG THE WEST
LINE OF SAID NORTHWEST 1/4, 2,638.99 FEET, THENCE S00°10'06"E, ALONG THE
WEST LINE OF SAID NORTHWEST i/a, 650.28 FEET TO THE POINT OF BEGINNING;
THENCE N00010106"W, 35.52 FEET ALONG SAID WEST LINE;
THENCE N79047'27"E, 403.08 FEET;
"THENCE N59°33' 17"F,, 313.45 FEET;
9
THENCE N 14008'29"E, 160.48 FEET;
THENCE N00012'55"W, 187.99 FEET;
ALSO
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 19, WHENCE THE
NORTHWEST CORNER OF SAID SECTION 19 BEARS N00003' 10'W ALONG THE WEST
LINE OF SAID NORTHWEST 1/4, 2,638.99 FEET, THENCE S88°23'34"E, TO THE WEST
BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NUMBER
2006065973 IN THE JEFFERSON COUNTY CLERK & RECORDER'S OFFICE;
THENCE S00022'07"E, 348.49 FEET ALONG SAID WEST LINE.
10
EXHIBIT B
Ordinance No. 1794, Series 2024
[attached]
11
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER DOZEMAN
COUNCIL BILL NO. 09
ORDINANCE NO. 1794
Series of 2024
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT PARCEL ID 39-193-01-010 FROM
AGRICULTURAL -ONE (A-1) TO INDUSTRIAL -EMPLOYMENT
(I-E) (CASE NO. WZ-24-04)
WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City's review and approval of requests for land use cases; and
WHEREAS, Cogent Companies has submitted a land use application for
approval of a zone change to the Industrial -Employment (I-E) zone district for property
located at Parcel ID 39-193-01-010; and
WHEREAS, the proposed zone change is appropriate in response to a change in
conditions in the area and would allow for a better and more productive use of the land;
and
WHEREAS, a rezoning to I-E would enable the land to further achieve the city's
current comprehensive plan goals to encourage employment -generating uses in the
area by allowing the adjacent property to utilize it for their needs; and
WHEREAS, no vertical construction would be permitted; outdoor storage and
appropriate screening would be the only permitted uses; and
WHEREAS, a development agreement signed by Longs Peak Metro District will
be required which would limit use, limit permanent development, require the subject
parcel be dedicated as right-of-way at no charge to the City or CDOT upon the need for
infrastructure investments, and require that these conditions run with the land and apply
to successor and assigns; and
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on April 18, 2024, and recommended approval of rezoning the property to Industrial -
Employment (I-E).
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by the City of Wheat Ridge for approval of a zone
change ordinance from Agricultural -One (A-1) to Industrial -Employment (I-E) for
property located at Parcel ID 39-193-01-010, and pursuant to the findings made
based on testimony and evidence presented at a public hearing before the
Wheat Ridge City Council, a zone change is approved for the following described
land:
PARCEL 26
A TRACT OR PARCEL OF LAND NO. 26 OF THE DEPARTMENT OF
TRANSPORTATION, STATE OF COLORADO, PROJECT NO.CC 0581-009
CONTAINING 1.762 ACRES, MORE OR LESS, IN THE SOUTHWEST 1/4 OF
SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON,
STATE OF COLORADO SAID TRACT OR PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 19, WHENCE
THE NORTHWEST CORNER OF SAID SECTION 19 BEARS N00003'10'W
ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 2,638.99 FEET,
THENCE S60006'12"E, 771.39 FEET TO THE POINT OF BEGINNING;
THENCE N87038'11"E, 249.89 FEET TO THE EAST BOUNDARY LINE OF
THAT PARCEL OF LAND DESCRIBED AT RECEPTION NUMBER 2006065973
IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE;
THENCE S00022'07"E, 124.20 FEET ALONG SAID EAST BOUNDARY LINE TO
THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 58 AS
DESCRIBED IN THAT DOCUMENT RECORDED IN BOOK 2230, PAGE 219,
AND BOOK 2116, PAGE 162, AT RECEPTION NUMBERS 334132 AND
400712, RESPECTIVELY, IN SAID OFFICE;
THENCE S80°35'52"W, 929.79 FEET ALONG SAID NORTHERLY RIGHT-OF-
WAY LINE TO THE WEST LINE OF SAID SOUTHWEST 1/4;
THENCE N00010'06"W, 35.52 FEET ALONG SAID WEST LINE;
THENCE N79047'27"E, 403.08 FEET;
THENCE N59033'17"E, 313.45 FEET TO THE POINT OF BEGINNING,
CONTAINING 76,772 SQUARE FEET OR 1.762 ACRES, MORE OR LESS.
PARCEL 26A
A TRACT OR PARCEL OF LAND NO. 26A OF THE DEPARTMENT OF
TRANSPORTATION, STATE OF COLORADO, PROJECT NO. CC 0581-009
CONTAINING 1.832 ACRES, MORE OR LESS, IN THE SOUTHWEST 1/4 OF
SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON,
STATE OF COLORADO SAID TRACT OR PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 19, WHENCE
THE NORTHWEST CORNER OF SAID SECTION 19 BEARS N00003'10'W
ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 2,638.99 FEET,
THENCE S60006'12"E, 771.39 FEET TO THE POINT OF BEGINNING;
THENCE N14008'29"E, 160,48 FEET;
THENCE N00012'55"W, 187.99 FEET;
THENCE S89030'00"W, 290.63 FEET
THENCE N00053'40"W, 9.92 FEET TO THE NORTH BOUNDARY LINE OF
THAT PARCEL OF LAND DESCRIBED IN BOOK 50, PAGE 31, AT
RECEPTION NUMBER 76830328, ALSO BEING THE NORTH BOUNDARY
LINE OF ASPHALT PAVING SUBDIVISION, FILING NO. 1 IN THE JEFFERSON
COUNTY CLERK AND RECORDER'S OFFICE;
THENCE N89006'21"E, 499.77 FEET ALONG THE NORTH BOUNDARY LINE
OF ASPHALT PAVING SUBDIVISION, FILING NO. 1 TO THE EAST
BOUNDARY LINE OF SAID SUBDIVISION;
THENCE S00°22'07"E, 348.49 FEET ALONG SAID EAST BOUNDARY LINE OF
SAID SUBDIVISION;
THENCE S87038'11"W, 249.89 FEET TO THE POINT OF BEGINNING,
CONTAINING 79,797 SQUARE FEET OR 1.832 ACRES, MORE OR LESS.
PARCEL AC-26
EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR TO
AND FROM ANY PART OF THE RIGHT-OF-WAY OF COLORADO STATE
HIGHWAY NO. 58, A FREEWAY ESTABLISHED ACCORDING TO THE LAWS
OF THE STATE OF COLORADO, AND FROM AND TO ANY PART OF THE
REAL PROPERTY OF THE GRANTOR IN THE SOUTHWEST 1/4 OF SECTION
19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL
MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF
COLORADO ABUTTING UPON SAID HIGHWAY, ALONG OR ACROSS THE
ACCESS LINES DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 19, WHENCE
THE NORTHWEST CORNER OF SAID SECTION 19 BEARS N00003'10'W
ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 2,638.99 FEET,
THENCE S00010'06"E, ALONG THE WEST LINE OF SAID NORTHWEST'/,
650.28 FEET TO THE POINT OF BEGINNING;
THENCE N00010'06"W, 35.52 FEET ALONG SAID WEST LINE;
THENCE N79047'27"E, 403.08 FEET;
THENCE N59033'17"E, 313.45 FEET;
THENCE N14008'29"E, 160.48 FEET;
THENCE N00012'55"W, 187.99 FEET;
ALSO
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 19, WHENCE
THE NORTHWEST CORNER OF SAID SECTION 19 BEARS N00003'10'W
ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 2,638.99 FEET,
THENCE S88023'34"E, TO THE WEST BOUNDARY LINE OF THAT PARCEL
OF LAND DESCRIBED AT RECEPTION NUMBER 2006065973 IN THE
JEFFERSON COUNTY CLERK & RECORDER'S OFFICE;
THENCE S00022'07"E, 348.49 FEET ALONG SAID WEST LINE.
Section 2. Conditional Approval. Approval of this zone change is
conditioned upon the following:
1. No vertical construction is permitted; outdoor storage and appropriate
screening are the only permitted uses.
2. A development agreement running with the land shall be recorded with the
zone change ordinance to document such use and development
limitations and to ensure future dedication of the property as necessary for
the originally intended purpose of infrastructure and right-of-way at no
cost.
Section 3. Vested Property Rights. Approval of this zone change does not
create a vested property right. Vested property rights may only arise and accrue
pursuant to the provisions of Section 26-121 of the Code of Laws of the City of
Wheat Ridge.
Section 4. Safety Clause. The City of Wheat Ridge 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: Conflicting Ordinance Repealed. If any section,
subsection, or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed.
Section 6. Recording. This Ordinance shall be filed for record with the office
of the Jefferson County Clerk and Recorder.
Section 7. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 13th day of May 2024, ordered published by title and in full on the City's website as
provided by the Home Rule Charter, and Public Hearing and consideration on final
passage set for Monday, June 10, 2024, at 6:30 p.m., as a virtual meeting and in the
Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes
effect 15 days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 6 to 0, this 10th day of June 2024.
SIGNED by the Mayor on this 12th day of June 2024.
Bud Starker, Mayor
ATTEST:
Margy Greer, _ Deputy City Clerk ��
Approved as to Form
Gerald Dahl, City Attorney
1st publication: May 14, 2024
2"d publication: June 11, 2024
Jeffco Transcript:
Effective Date: June 26, 2024