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RECEPTION NO. F0700139 16.00
236 RECORDED IN JEFFERSON COUNTy, COLORADO
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INTRODUCED BY COUNCIL MEMBER EDWARDS
ORDINANCE NO. 840
Series of 1990
1/ :3
TITLE:
AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING
FROM RESIDENTIAL-TWO AND COMMERCIAL-ONE TO COMMERCIAL-
ONE ON LAND LOCATED AT 4298 KIPLING STREET, 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 Glen Daughenbaugh for approval of
rezoning in Wheat Ridge, Colorado, Case No. WZ-90-7 and based
upon recommendation for approval, with conditions, from the Wheat
Ridge Planning Commission, and pursuant to findings made based on
testimony and evidence presented at public hearing before the
Wheat Ridge City Council, Wheat Ridge maps are hereby amended to
exclude from the Residential-Two and Commercial-One Districts and
to include in the Commercial-One District, the following
described land:
A PARCEL OF LAND IN THE SOUTHWEST ONE-QUARTER OF SECTION 22,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST ONE-QUARTER
OF THE SOUTHWEST ONE-QUARTER (NW 1/4, SW 1/4) OF SAID SECTION 22;
THENCE SOUTH ALONG THE WEST LINE OF NORTHWEST ONE-QUARTER OF THE
SOUTHWEST ONE-QUARTER OF SAID SECTION 22, A DISTANCE OF 58.00
FEET; THENCE EASTERLY N89043'33"E A DISTANCE OF 45.00 FEET TO THE
EAST RIGHT-OF-WAY LINE OF KIPLING STREET (COLORADO STATE HIGHWAY
NO. 391) AS DESCRIBED IN BOOK 2114 AT PAGE 469 IN THE JEFFERSON
COUNTY RECORDS, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A
RIGHT-OF-WAY DEDICATION BY CHARLES E. REED SUBDIVISION, SAID
POINT BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING EASTERLY N89043'33"E AND ALONG THE SOUTH LINE
AND THE SOUTH LINE EXTENDED OF SAID REED SUBDIVISION A DISTANCE
OF 388.62 FEET TO A POINT ON THE WEST LINE OF THAT PROPERTY
DESCRIBED UNDER RECEPTION NUMBER 84054155 IN THE JEFFERSON COUNTY
RECORDS; THENCE SOUTHERLY SOOo08'44"E ALONG THE WEST LINE OF SAID
PROPERTY A DISTANCE OF 174.19 FEET TO A POINT ON THE NORTH LINE
OF PROPERTY DESCRIBED IN BOOK 240 AT PAGE 567 IN THE JEFFERSON
COUNTY RECORDS; THENCE WESTERLY N8l040'00"W ALONG A COMMON LINE A
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DISTANCE OF 392.61 FEET TO THE EASTERLY RIGHT-OF-WAY LINE OF SAID
KIPLING STREET; THENCE NORTHERLY NOOo17'35"W ALONG THE SAID
EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 115.49 FEET TO THE TRUE
POINT OF BEGINNING.
Section 2. Conditions.
A. All C-l uses be allowed except the following:
1. No auto body, painting or mechanical repair be
allowed;
2. No outside storage be allowed;
3. No car washes be allowed; and
4. No sales or rental lots for automobiles, trucks,
boats, recreational vehicles, trailers or motorcycles
shall be allowed.
Section 3. Vested Property Rights. Approval of this rezoning
does not create a vested property right. Vested property rights
may only arise and accrue pursuant to the provisions of Section
26(c) of Appendix A of the Code of Laws of the City of Wheat
Ridge.
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.
Ordinance No. 840
Series of 1990
Page 3
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INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8
to ~ on this 9th day of July 1990, 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 August 13 , 1990, at 7: 30 p. m., in the
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 13th day of August , 1990.
SIGNED BY THE MAYOR this 14th day of August , 1990.
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DAN WILDE, MAYOR
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WANDA SANG, CITY
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