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HomeMy WebLinkAboutOrdinance-1989-0788INTRODUCED BY COUNCIL MEMBER ORDINANCE NO. 788 Series of 1989 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL-ONE AND AGRICULTURAL-ONE TO RESIDENTIAL-ONE ON LAND LOCATED AT 11115 WEST 38TH AVENUE, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by Gerald Biehl for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-89-2, and based upon recommendation for approval from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Residential- One and Agricultural-One Districts and to include in the Residential- One District, the following described land: Those parts of plots 3 and 4 Brookside Subdivision, a subdivision recorded in the official records of Jefferson County in plat book 2, at page 28, City of Wheat Ridge, Jefferson County, Colorado more particularly described as follows: Commencing at a point on the south line of the southwest one-quarter of Section 21, township 3 south, range 69 west of the 6th P.M. from which the south one-quarter corner of said section bears N.89013'01"E. a distance of 1104.27 feet, said point being on the southerly extension of the west line of the east 114.50 feet of said plot 4; thence N.0022'10"W. along said southerly extension a distance of 30.19 feet to the southwest corner of the east 114.50 feet of said plot 4, said corner being the True Point of Beginning; thence S.89o13'13"W. along the south line of said plot 4 a distance of 50.47 feet to the southeast corner of the south 125.00 feet of the west one-half of said plot 4; thence N.0022'46"W. along the east line of the west one-half of said plot 4 a distance of 125.00 feet; thence S.89013'13"W. a distance of 164.99 feet to a point on the west line of said plot 4; thence N.0023121"W. along said west line a distance of 972.43 feet to a point on the south line of the north 200.40 feet of said plot 4; thence N.89024'08"E, parallel to the north line of said plots 4 and 3 a distance of 495.48 feet to a point on the east line of the west one-half of said plot 3; thence S.0021135"E. along said east line a distance of 795.85 feet to a point on the north line of the south 300.00 feet of said plot 3; thence S.89013'13"W. parallel to the south line of said plots 3 and 4 a distance of 279.52 feet to the northwest corner of the east 114.50 feet of said plot 4; thence S.0022'10"E. a distance of 300.00 feet to the True Point of Beginning, containing 10.068 acres more or less. DAVIS ORDINANCE NO. 788 Series of 1989 Section 2. Vested Property Rights. Approval of create a vested property right. Vested property and accrue pursuant to the provisions of Section of the Code of Laws of the City of Wheat Ridge. PAGE 2 this rezoning does not rights may only arise 26(c) of Appendix A Section 3. 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 4. 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 adjusted 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. Section 5. This ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by 0 on this 27thday of March 1989, orde in a newspaper of general circulation in the City Public Hearing and consideration on final passage 1989, at 7:30 p.m., in the Council Chambers, 7500 Wheat Ridge, Colorado. a vote of 8 to red published in full of Wheat Ridge and set for April 24 West 29th Avenue, READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 0 , this 24th day of April , 1989, F 11 WANDA SANG,. CITY CLER 1St Publication: March 2nd Publication: May 4, Wheat Ridge Sentinel Effective Date: May 19, 30, 1989 1989 1989 DAN WILDE, MAYOR APPROVUrD A F'M CITY ATTORNEY JOHN AY S, CI RN boa/wz-89-2/ord