HomeMy WebLinkAboutOrdinance-1993-0926
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Council Bill
INTRODUCED BY COUNCIL MEMBER BROUGHAM
10 ORDINANCE NO. 926
Series of 1993
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TITLE:
AN ORDINANCE VACATING A PORTION OF UNION STREET (CASE
WV-93-2) WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO ADJACENT TO PROPERTIES
ADDRESSED AS 3365, 3375, 3385 AND 3395 UNION STREET.
NO.
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WHEREAS, right-of-way was previously dedicated for Union Street
between West 34th Place on the north and Lena Gulch on the south; and
WHEREAS, said part of said Union Street lies within the City of
Wheat Ridge, County of Jefferson, State of Colorado, and a por~ion of
said street is not needed by the City for roadway or right-of-way
purposes;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO AS FOLLOWS:
Section 1. The following portion of Union Street, a dedicated
street within the City of Wheat Ridge, County of Jefferson, State of
Colorado, is hereby vacated, to wit:
The west ten (10) feet of Union Street directly
abutting the following legally described lots and
t~act:
Lots 51, 52, 53 and 54 and Tract A, Applewood
Village Subdivision - Second Filing,
County of Jefferson, State of Colorado.
Section 2. Condition. A utility easement be reserved over the
entire 10 feet hereby vacated.
Section 3. Upon the vacation accomplished hereby, title to the
property vacated shall revert by operation of C.R.S. LY73, 43-2-02 to
the adjacent property owners of record. More specifically, the land
described above shall revert to the owners of Lots 51, 52, 53, 54, and
Tract A, Applewood Village Subdivision - Second Filing; and Lots 27
and 28, Block 4, Applewood Village Subdivision.
Section 4. Safetv Clause. The City Council hereby finds,
determines, and declares ~at. thI~'~~~ance is promulgated under the
general police power of the ~'ity'of,WJleat Ridge, that it is
promulgated for the heal~hF.s~fetY~~and welfare of the public, and
that this Ordinance is nece~sary;lf~ t.;h6ilp 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.
2(3/
DEVELOPMENT COVENANT
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THIS DEVELOPMENT COVENANT, as authorized by the SUBDIVISION
REGULATIONS of the City of Wheat Ridge, is entered into this 18TH
day of MAY, 1993 , between the City of Wheat Ridqe, a Munici- / II
pal Corporation, hereinafter referred to as City, and Harold o. -- 7
Olson hereinafter referred to as Owner, and concerns property
located at 4011 ESTES STREET, Wheat Ridge, Colorado 80033.
WITNESSETH:
WHEREAS, Owner is the titled Owner of property located at 4011
ESTES STREET, City of Wheat Ridge, County of Jefferson, State of
Colorado, (which property is hereinafter referred to as "the
Property"); and
WHEREAS, Owner has requested a STREET CUT PERMIT to construct a
concrete driveway apron in the ESTES STREET right of way; and
WHEREAS, curb, gutter, sidewalk and street improvements bordering
the property and neighboring tracts of land are incomplete and/or
below those standards as set forth in the SUBDIVISION REGULATIONS
of the City; and
WHEREAS, in order to conform to those requirements as set out in
the SUBDIVISION REGULATIONS of the City, this Agreement is hereby
determined to be proper.
NOW, THEREFORE, IT IS HEREBY AGREED THAT:
1. The responsibility for providing improvements along the
street frontage of the Property, as set out in the SUBDIVISION
REGULATIONS of the City, is hereby acknowledged by the Owner.
2. The Owner is constructing a concrete driveway slab from his
garage to the ESTES STREET right of way line and desires to con-
struct a concrete apron in the existing ESTES STREET right of way
to the existing edge of street asphalt. Construction of driveway
aprons utilizing concrete in the public right of way is in non-
conformance with established City policies and procedures.
3. The Owner is petitioning the City to allow placement of the
nonconforming concrete driveway apron in the ESTES STREET right
of way.
4. The City has an ongoing program of improvements and
maintenance operations on Local Streets. In the program, streets
in residential areas are receiving improvements including curb,
gutter, sidewalk, street widening and drainage improvements.
h'F CEF r 1[-11'../ hjeJ. ~;' ~3 J er-1256
~ECORDED IN COUNTY OF JEFFERSON
2Ci. (.Ie,
STATE OF COLORADO
7/21/93
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5. In the event removal of the nonconforming portion of the
driveway is necessitated by maintenance or street improvement
operations, the Owner agrees that he will be solely responsible
for any costs associated with removal and replacement of the
portion of the driveway within the right of way.
6. The Director of Public Works will endeavor to give 14 DAYS
notice of any maintenance or construction operations which would A
involve the nonconforming portion of the driveway apron to allow ~
the Owner time to effect removal. In the event the Owner does
not remove the driveway or time is of the essence, the City may
elect to perform such removal with City forces. The Director of
Public Works will then prepare and submit to the Owner a detailed
billing of costs associated with the removal and submit same to
the Owner for payment.
7. Owner agrees to pay for all costs associated with removal of
the nonconforming driveway apron within 30 days of written no-
tice; Owner further agreeing that any amount resulting from his
failure t.o pay for any improvement thus completed shall consti-
tute a lien upon the property above described in the actual
amount of the costs associated with removal of the nonconforming
driveway apron, less any payments made by Owner, plus interest on
the amount unpaid at 10 percent (10%) per annum from the date of
completion, plus any costs incurred by the City in collecting
same, including court costs and attorney's fees.
8. In the event an Improvement District or a Special Improvement
District is created by the City to improve or provide those
requirements as set out in the SUBDIVISION REGULATIONS for those
streets or streets fronting the property and the neighboring
tracts of lands, the Owner or his assigns and successors agree
not to oppose its creation, or subsequent assessment of the costs
to the property.
9. In the event an Improvement District is created by the City to
provide the improvements as provided by the SUBDIVISION REGULA-
TIONS, the costs assessed against the property shall not be
disproportionate with costs assessed to other nearby and like
properties.
10. This COVENANT is executed by the Owner pursuant to the SUBDI-
VISION REGULATIONS of the city of Wheat Ridge.
11. The Parties hereto agree that this DEVELOPMENT COVENANT, by
its terms, shall be binding upon the City and the Owner and upon
the assigns and successors thereof; and shall constitute cove-
nants running with the property.
12. The city, in its sole discretion, may require a cash or
surety bond to be held in escrow by the city to secure completion
or the public improvements described herein. Such cash or surety
bond shall be in the sum sufficient to cover the estimated costs
of the construction of the PUblic improvements described herein,
said estimate to be made at or about the time of the notice
described in Paragraph 5 above. Any interest earned on any
escrow funds shall be the sole property of the City.
13. The DEVELOPMENT COVENANT shall be recorded with the Clerk and
Recorder of Jefferson county, Colorado, and shall constitute a
continuing covenant running with the land, providing however, '2.
that this DEVELOPMENT COVENANT shall be released by the City ~
upon the completion of the public improvements and complete and
satisfactory payment by the Owner of all costs and fees associat-
ed therewith of the public improvements described herein, which
release shall be evidenced by a signed document attested to by
the City Clerk and bearing the city's seal, which document shall
likewise be recorded.
SPECIAL PROVISIONS AND COVENANT
IN WITNESS WHEREOF~ the parties have set their hands and seals on
date first shown.
~
RECOMMENDED BY:
APPROVED AS TO FORM:
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city Att rney
EXECUTED BY CITY:
Clerk
EX~CUTED BY OWNER:
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STATE OF COLORADO )
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county of Jefferson)
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The foregoing instrument was acknowledged before me this ~ I)' . .
day of 01'') , 19,,') , by d~\JL(.{' , .
My commission expires:
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Notary Public
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