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HomeMy WebLinkAboutOrdinance-1991-0874 - RECEPTION NO. F0700145 16.00 236 RECORDED IN JEFFERSON COUNTY. COLORADO PG: 0001-003 9/23/1998 8:57:54 01) ~ INTRODUCED BY COUNCIL MEMBER DAVTS ORDINANCE NO. 874 Series of 1991 l~ JJ TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM RESIDENTIAL-TWO AND RESIDENTIAL-THREE TO RESIDENTIAL- THREE ON LAND LOCATED AT 3600 WADSWORTH BOULEVARD, 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 l: Upon application by Ficco Brothers Construction Company for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-91-5 and based upon recommendation for approval from the Wheat Ridge Planning Commission, with conditions, 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 Residential-Three Districts and to iQclude in the Residential- Three District, the following described land: A TRACT OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE S.89038'23"W. ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 26 A DISTANCE OF 1478.50 FEET TO THE NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN BOOK 26 AT PAGE 320 OF THE OFFICIAL RECORDS OF JEFFERSON COUNTY, COLORADO; THENCE S.3008'4l"E. ALONG THE EAST LINE OF THAT TRACT OF LAND DESCRIBED IN SAID BOOK 26 AT PAGE 320 A DISTANCE OF 662.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE S.89038'23"W. PARALLEL TO THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 26, AND ALONG THE SOUTH LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK l75 AT PAGE 223 OF THE OFFICIAL RECORDS OF JEFFERSON COUNTY, COLORADO, AND ITS EASTERLY EXTENSION A DISTANCE OF 528.75 FEET TO THE SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN SAID BOOK l75 AT PAGE 223; THENCE N.0019'45"W. PARALLEL TO THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 26 A DISTANCE OF 0.33 FEET; THENCE S.89040'45"W. A DISTANCE OF 393.50 FEET; THENCE N.0019'45"W. A DISTANCE OF 0.99 FEET TO THE SOUTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN RECEPTION NO. 82067239; THENCE S.89038'23"W. A DISTANCE OF 220.53 FEET TO THE NORTHEAST CORNER OF THAT TRACT OF LAND DESCRIBED IN BOOK 1204 AT PAGE 466 OF THE OFFICIAL RECORDS OF JEFFERSON COUNTY, COLORADO; THENCE SOUTHERLY ALONG THE EASTERLY LINE OF THAT TRACT OF LAND DESCRIBED IN SAID BOOK 1204 AT PAGE 466 THE FOLLOWING TWO COURSES AND DISTANCES: 1) S.1052'l5"E. A DISTANCE OF 186.21 FEET; 2) S.0019'14"W. A DISTANCE OF 253.48 FEET TO A POINT ON THE SOUTH LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK 46 AT PAGE l31 OF THE OFFICIAL RECORDS OF JEFFERSON COUNTY, COLORADO; Ordinance No. 874 Series of 1991 Page 2 ?- THENCE N.89038'23"E. ALONG THE SOUTH LINE OF THAT TRACT OF LAND DESCRIBED IN SAID BOOK 46 AT PAGE 131 A DISTANCE OF 737.70 FEET TO A POINT ON THE WEST LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK 387 AT PAGE 87 OF THE OFFICIAL RECORDS OF JEFFERSON COUNTY, COLORADO; THENCE NORTH AND EAST ALONG THE WEST AND NORTH LINES OF THAT TRACT OF LAND DESCRIBED IN SAID BOOK 387 AT PAGE 87, THE FOLLOWING TWO COURSES AND DISTANCES: 1) N.0019'45"W. A DISTANCE OF 218.28 FEET; 2) N.89038'23"E. ALONG THE NORTH LINE OF THAT TRACT DESCRIBED IN SAID BOOK 387 AT PAGE 87 AND ITS EASTERLY EXTENSION A DISTANCE OF 4l3.75 FEET TO A POINT ON THE EAST LINE OF THAT TRACT OF LAND DESCRIBED IN SAID BOOK 26 AT PAGE 320; THENCE N.3008'41"W. ALONG THE EAST LINE OF THAT TRACT OF LAND DESCRIBED IN SAID BOOK 26 AT PAGE 320 A DISTANCE OF 219.98 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 9.480 ACRES, MORE OR LESS. Section 2. Condition. Development shall be in accordance with the approved Planned Building Group plan filed. 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 4. Safetv 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. Severabilitv. 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, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 6. This ordinance shall take effect final publication. 1 r; days after INTRODUCED, READ, AND ~ on this l?~hday in full in a newspaper Wheat Ridge and Public set for Spp~pmhpr q Council Chambers, 7500 ADOPTED on first ready by a vote of ~ to of A1lg1lst , 1991, ordered published of general circulation in the City of Hearing and consideration on final passage , 1991, at 7:30 o'clock p.m., in the West 29th Avenue, Wheat Ridge, Colorado. Ordinance No. 874 Series of 1991 Page 3 3 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 ,this 9th day of September 1991. SIGNED by the Mayor on this lOth day of September , 1991. I , f ~...~- .1 ," ,,: ./' - {U. t.t-'tt. ~ / 'J f'- "fl' Wanda Sang, Cit, Clerk ~tiJ DAN WILDE, MAYOR J HN 1st Publication: August 21, 1991 / 2nd Publication: September 18, 1991 V \_ Wheat Ridge Sentinel Effective Date: October 3, 1991 BY CITY ATTORNEY '"- . <pc>ordwz915