HomeMy WebLinkAboutOrdinance-1980-0403n ~~J
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RECORDED
COUNTY Or , LFFU OON
STATE OF' COLORADO
RECEPTION NO. B7073708
06/04/87 14:45 6.00
INTRODUCED BY COUNCILMUMER
ORDINANCE NO. 403
Series of 1980
TITLE: AN ORDINANCE CONVEYING A PORTION OF JOHNSON PARK TO THE
STATE OF COLORADO, STATE DEPARTMENT OF HIGHWAYS,
PURSUANT TO A COURT ORDER AUTHORIZING THE STATE DEPART-
MENT OF HIGHWAYS TO TAKE POSSESSION THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
WHEREAS, the State Department of Highways, Division of
Highways, State of Colorado, by statute possessing the right of
eminent domain, has instituted a Petition in Condemnation against
the City of Wheat Ridge in Civil Action No. 80CV0026 in the
District Court in and for the County of Jefferson, State of
Colorado, and
WHEREAS, by Order of Court dated January 29, 1980,
Ronald J. Hardesty, District Judge, granted right of possession
to the State Department of Highways of the property described in
the above mentioned Petition in Condemnation, and
WHEREAS, the City of Wheat Ridge wishes hereby to convey
to the State Department of Highways the property made subject to
the above described Court Order,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Wheat Ridge, Colorado:
1. The City Council of the City of Wheat Ridge, Colorado,
pursuant to Section 16.5 of the Home Rule Charter of the City of
Wheat Ridge, Colorado, does hereby agree to convey, and does hereby
convey, to the State of Colorado, State Department of Highways,
pursuant to the Court Order of January 29, 1980, the following
described real property situate, lying and being in the City of
Wheat Ridge, County of Jefferson, State of Colorado, to-wit:
A tract of land containing 3,738 square feet, more or
less, in the Southeast quarter of the Southwest quarter
of Section 14, Township 3 South, Range 69 West of the 6th
P.M., more particularly described as follows;
Beginning at a point on the west right-of-way line of
Wadsworth Boulevard (June, 1978), from which the South 1/4
corner of Section 14 bears S.21114'East, a distance of
172.2 feet;
1. Thence along the said west right-of-way line,
N5°38'30"E, a distance of 70.0 feet;
2. Thence continuing along the west right-of-way
line, N23°52'45"W, a distance of 27.7 feet to
the southerly right-of-way line of SH 70
(June, 1978);
3. Thence along the southerly right-of-way line of
SH 70 (June, 1978), S75°52'45"W, a distance of
70.0 feet;
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4. Thence S42°49'45"E a distance of 106.2 feet, more
or less, to the point of beginning.
RECEPTION
The above described parcel contains 3,738 square feet
more or less.
All bearings used in the above described parcel are
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oriented to the Colorado Coordinate System Grid (Central
Zone)_.
2. The City Council expressly finds, determines and declares
that the conveyance of the above described property can and will be
accomplished without damage to or diminution of the quiet enjoyment
of the remainder of the property comprising Johnson Park.
3. Safety Clause. The City Council hereby finds, determines
and declares that this ordinance is promulgated under the 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 for the
protection of public convenience and welfare. The City Council
further determines that the ordinance bears a rational relation
to these objectives.
4. Severability. If any clause, sentence, paragraph, or
party of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect,
impair or invalidate the remainder of this ordinance or its
application to other persons or circumstances.
5. This ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote
of 8 to 0 this 28th day of April , 1980;
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 May 12 , 1980, at
7:30 o'clock p.m., at 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 0 this 12th day of tla\
1980.
1980.
SIGNED by the Mayor on this 13th day of Frank Stites, Mayor
ATTEST
Carol Hampf, City Cl&rk
1st Publication Play 1, 1980
2nd Publication _
bJheat Ridge Sentinel
Effective Date
June 6, 1980
APPROVED AS TO FORM
BY OFFICE QF CITY ATTORWEY:
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May 22, 1980
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