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Home My WebLink AboutOrdinance-1988-0770INTRODUCED BY COUNCILMEMBER WORTH Ordinance No. 770 Series of 1988 TITLE: AN ORDINANCE AUTHORIZING THE CONVEYANCE OF CERTAIN REAL PROPERTY OWNED BY THE CITY, DECLARING THE PROPERTY EXCESS PROPERTY, AND APPROVING THE SPECIAL WARRANTY DEED CONVEYING SAID PROPERTY TO JOSEPH F. LOMBARDI. WHEREAS, Section 16.5 of the Home Rule Charter of the City of Wheat Ridge provides that "The City shall not sell or dispose of municipally owned buildings or real property for a public purpose without first obtaining the approval, by ordinance, of three-fourths (3/4ths) of the entire Council." WHEREAS, the City, in the preparation for and completion of improvements to West 48th Avenue/West I-70 Frontage Road North, has acquired certain real property from the Prudential Insurance Company of America; WHEREAS, approximately 0.314 acres more or less of said property constitutes real property which has been severed from the larger parcel still owned by Prudential, but is of no benefit or value to the City; WHEREAS, said real property, containing approximately 0.314 acres, more or less, is of benefit to the adjoining owner, Joseph F. Lombardi; WHEREAS, Lombardi has agreed to deed to the City, at no additional cost to City, real property for right-of-way purposes to allow the City to complete said public improvement described above; WHEREAS, the City Council has determined that the real property described herein containing approximately 0.314 acres, more or less, is excess property, and may be conveyed to Joseph F. Lombardi pursuant to the terms hereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. The real property described in the Warrant Deed attached hereto as Exhibit A is hereby declared to be surplus and excess property of the City, and is hereby authorized and directed to be conveyed to Joseph F. Lombardi pursuant to the provisions of the attached Special Warranty Deed. Section 2. The Special Warranty Deed which is attached hereto as Exhibit A is expressly approved, the Mayor and the City Clerk are authorized to execute the same, and the same is authorized to be delivered to Joseph F. Lombardi. Section 3. Severability. If any clause, sentence, paragraph, or part 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 application to other persons or circumstances. 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. This ordinance shall become effective one (1) day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 27th day of June , 1988? 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 Monday, July 11 , 1988, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue Wheat Ridgqe Colorado. READ, A&PTED, AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 0, this liuh day of July 1900. SIUNhU 6Y THE MAYOR on this 12th day o` July 1900. Dan Wilde, Mayor ATTEST: i ,y Wanda Sang, City Cl7,2frk 1st Publication: June 30, 1988 APP ROVED// TO FORM BY 2nd Publication: July 14, 1988 OFFICE//Or CITY ATTORNEY Wheat Ridge Sentinel Effective Date: July 15, 1988 I/ I ;E. Hayesy Attorney 2 Recorded et o'clock....--.M., Reception THIS DEED, Made this 1 2 L h day of July 19 88 , between THE CITY OF WHEAT RIDGE, COLORADO a municipal g corporation duly organized and existing under and by virtue of the laws of the State of Colorado, of the first part, and JOSEPH F. LOMBARDI, 10600 W. 38th Avenue, Unit 302, Wheat Ridge, Colorado 80033 Record RECORDP.--roTAMP Of the County of Jefferson and State of Colorado, of the second part; W ITNESSETH, That the said party of the tint part, for and in consideration of the sum of Ten and no/100 DOLLARS, to the said party of the first part, in hand by the said parties of the second part, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the said parties of the second part, not in tenancy in common but in joint tenancy, the survivor of them, their assigns and the heirs and assigns of such survivor forever, all the following described fro ,d: parcel of land, situate, lying and being In the County of Jefferson and State of Colorado, to wit: See legal description attached hereto and expressly incorporated herein Together with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertain- ing, and 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 said party of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditamenum and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the =aid parties of the second part, the survivor of them, their assigns and the heirs and assigns of such =un n or for e And the said party of the first part, for itself and its successors, covenants and agrees W and with the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, the above bargained premises in the quiet and peaceable possession of the said parties of the second part, the survivor of them, their assigns and the heirs and assigns of such survivor, against all and every, person or person. law- fully claiming or to claim the whole or any part thereof, by, through or under the said party of the first part, to WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said party of the first part has caused its corporate namo to be hereunto sub- scribed by its President, and its corporate seal to be hereunto affixed, attested by Its Secretary, the day and year first above written. CITY OF WHEAT RIDGE, COLORADO Attes Wa~nda 5a~a)i[6hg~ity gls. -ZJye tf...___........._.. C irk aaaeaan. STATE OF COLORADO, County of Jef Larson BY: .....,.-ccf-✓ Dan Wilde, Mayor By rr~msP. The within and foregoing instrument was acknowledged before me this 12 t h day of J u l y 1988, by Dan Wilde, as Mayor, jlt iha_===_==d'"Wa,t sad= and Wanda Sung as City Clerk WE4%Nowlega of the City of Wheat Ridge, Colorado, a municipal corporation. My commission expiros Myppmh*1on expires Seot 3n 1,70 Witness my hand and official seal. awn wl1~ NO. S15A. SPECIAL WARRANTY DEED TO JOINT TENANTS-C-v,ratlon. -araetOfll Publinalnn Co.. 1P'24<. io-, Street. Devver, colones.. 11 PARCEL 2 A portion of the southeast one-quarter (SE/4) of the southeast one-quarter (SE/4) of the southeast one-quarter (SE/4) Section 16, Township 3 South, Range 69 'nest, of the 6th P.M., County of Jefferson, State of Colorado, described as follows: Beginning at the northwest corner of said SE/4, SE/4, SE/4; thence S 0°12'39" E (assumed bearing) along the west line of said SE/4, SE/4, SE/4, a distance of 319.17 feet to the north line of that parcel of land as described in Book 1588, page 508, Jefferson County Records; thence N 78°54'58" E along said north line 260.35 feet to the southwest corner of that parcel of land as described in Book 2059, Page 787, Jefferson County Records; thence N 0°12'07" E along the west line of said gook 2059, Page 787 a distance of 167.83 feet to the TRUE POINT OF BEGINNING; thence southwesterly along a non-tangent southeast having a radius of 307.03 feet, a and a chord which bears S 42°07'18" W; thence S 35°40'16" W, 100.19 feet; thence southwesterly along a curve concave radius of 367.03 feet, and a central angle line of said Book 1588, Pace 508; curve concave to the central angle of 12°54'08" to the northwest having a of 14°33'18" to the north thence N 78°54'58" E along said north line 170.65 feet to southwest corner; thence N 0°12'07" E, 167.83 feet to the TRUE POINT OF BEGINNING. sai d Said Parcel 2 contains 0.314 acres, more or less.