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HomeMy WebLinkAboutOrdinance-1998-1108 ~Li:.F-"i j UI~ I~U. F0589126 INTRODUCED BY COUNCIL MEMBER Dalbec Council Bill No. -L Ordinance No. --.l.lO8 Series of 1998 AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY KNOWN AS THE BEYER PROPERTY, PARCEL 1, LOCATED AT 11721 WEST 52ND AVENUE IN JEFFERSON COUNTY +- l~, WHEREAS, pursuant to the laws of the Statc of Colorado, there was presented to the City Council of the City of Wheat Ridge, Colorado, wntten petitIOn for annexatIOn to and by the City of Wheat Ridge, Colorado, of that propcrty described m attached Exhibit A, bemg contiguous unmcorporated tern tory contiguous to the City and situated, Iymg and bemg m the County of Jefferson, State of Colorado (thc Property), and WHEREAS, the Property IS furthcr described on the Annexation Map attached hereto as Exhibit B, and \VHEREAS, thc owncrs ofmorc than fifty percent (50%) of the Property have petitioned for annexation, and WHEREAS, the City Councll of the City of Wheat Ridge, Colorado, has conducted a public heanng as reqUired by law to detenmne the eligibility for annexatIOn of the Property; and WHEREAS, the City Council ofthc City of Wheat Ridge, Colorado, has satisfied Itself concemll1g the eligibility for annexatIOn of the Property, and concemll1g the confomlance of the proposed anncxatlOn to thc applicable law and thc annexation policy ofthe City of Wheat Ridge, Colorado BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO' SectlOn J The annexation to the City of Wheat Ridge, Colorado, of that Property described 111 attached ExhibIt A, sItuated, lYll1g and bell1g 111 the County of Jefferson, State of Colorado, meets al1 reqUirements of Jaw and the annexatIOn policy of the City of Wheat Ridge, and therefore, and IS hcreby approved and made cffcetlve, SectIOn 2 Rezonmg of the Property shall be completed simultaneously with the annexation of the Property pursuant to the Home Rule Charter and Code ofOrdmances of the CIty of Wheat RIdge SectIOn 3 The City Council hcrcby approvcs thc Anncxatlon Agrecment wInch IS attached as Exhibit C - MLCE.;:' f J (JI~ 1\)(;. F0589126 SectlOn 4 Upon the effective date of thIs Ordmance the Property shall become subject to the laws ofthc Statc of Colorado pertall1lng to citIes and to the Charter and all ordmances, resolutIOns, rules and regulatIOns of the CIty of Wheat RIdge, SectIOn 5 The CIty Clerk shall file for recordmg one certIfied copy of the Annexallon Ordll1ance and one copy of the AnnexatIOn Map wIth the Clcrk and Recorder of the County of /', Jefferson, State of Colorado) SectIon 6 Thc CIty Clerk shall file one certIfied copy of the AnnexatIOn Ordmance and one copy of the AnnexatIOn Map wIth the Secretary of the State of Colorado Sectlon 7 ThIS annexatIOn shall become etfectlve upon the filmg for recordmg of the certIfied copy of thIs AnnexatIon Ordmance and the AnnexatIOn Map wIth the Clerk and Recorder for the County of Jefferson, State of Colorado, whIch filmg for recordmg shall be accomphshed no sooner than mnety (90) days from the date of adoptlon OfthIS ordmance on second readll1g, INTRODUCED, READ, AND ADOPTED on first readll1g by a vote of ~ to ~ on thIS 23rd day of February , 1998, ordcrcd pubhshed m fullm a ncwspapcr of gencral clrculallon m the CIty of Wheat RIdge and Pubhc Heanng and conslderallon on final passage set for March 23 , 1998, at 700 p,m., m the CouncIl Chambers, 7500 West 29th Avenue, Wheat RIdge, Colorado READ, ADOPTED, AND ORDERED PUBLISHED on second and final readmg by a vote of 8 to ~. thIS 23rd day of March, 1998 SIGNED by the Mayor on thIS 23rd day of March . 1998 ATTEST :I , l j '-j~bJr~~ Wanda Sang, CIty C /",// ,/ "- ;/ ,/ 1'- ETCHEN CERVENY, MAYO~..j A~^t1J'f!J2);J;p)RNEY GERALD DAHL, CITY ATTORNEY PublIshed 1st PubhcatlOn, 2nd Publication: Effective Date: Ordmance No Wheat RIdge Transcnpt February 27, 1998 March 27, 1998 April 11, 1998 Page 2 EXHlBlT II AI' 1'\EL L.F r j CJi'~ i'-Ju ~ Fu58912b Parcel 1 ~ LEGAL DESCRIPTION a~glnnln!l 01 fhe Sautheasf carner or rhe Northeasl 1/4 or sold S~cflon 17 1. Thence Horth~rly along Ihe (osl line of sold Northeast 1/4 278.56 feel 10 Ihe north~osl com~r of parc~1 1 of Slondl~y HI~ghls Exempllon Su",~y 140. I os r~cord~d in Ihe olficlol records of Ihe County or J~ff~rson. Slole of Colorado. 2. ThO""'1 Wesl~rly along Ihe north line at sold Parcel Horthwes! com~r at sold Parcel 1. .3. Thence Southerly along Ih~ wesl line at said Porc~1 218.04 fee' 10 Ihe 278.58 10 Ihe Soulh line at Ihe Northeast 1/. at said secllon 17 . Thence Easterly along 'he said $ou'h line at rhe North~o.' 1/4. 218,02 1..1 10 the point at aeginning, Containing 1.39 acres t-o..CLL.r T I U!\J I ~u. FtJ589120 EXHIBIT '.C" ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT made and executed this 71rd day of March , 1998, by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado home rule mUlllclpal corporatIOn (heremafter referred to as the "City"), and Ron and 5" Michelle Beyer or their assigns (heremafter referred to as the "Landowners") WITNESSETH Whereas, the City of Wheat Ridge, Colorado, is a Colorado home rule mUlllclpa] corporatIOn, possessmg all of the powers and authonties granted to It pursuant to Article XX of the constitution of the State of Colorado, the Home Rule Charter of the City as adopted by the reSidents and electors of the City, and those State Statutes applicable to the City, which statutes mclude the MUlllClpal AnnexatIOn Act of 1965, C ,R,S S 31 ~ 12-1 01, et ~, and Whereas, Ron and Michelle Beyer are owners of that certain real property which is Identified m Exhibit A, which IS attached hereto and expressly mcorporated herem, which property is contiguous to the corporate boundaries of the City of Wheat Ridge, and which IS eligible for annexatIOn mto the City of Wheat Ridge; and Whereas, the City wishes to annex the property described in Exhibit A, and the Landowners, as owners of the property described in Exhibit A, wish to have the same annexed mto the City, subject to all of the terms and conditions set forth herem, and Whereas, the City and the Landowners wish to set forth in thiS AnnexatIOn Agreement all of the terms and conditIOns which shall be applicable to the annexation of said property mto the boundanes of the City, and which shall, pursuant to the terms hereof, govern certam aspects of the relatIOns between the parties from and after the time of said annexatIOn, NOW, THEREFORE, the parties hereto, for themselves, their heirs, successors and assigns, do hereby covenant, warrant, and agree as follows, Section 1, Agreement Regarding Zonmg, The property described in Exhibit A shall be rezoned by the Wheat Ridge City CounCil in accordance with the provIsions of this paragraph, a. The property, which consists of 1,25 acres more or less, shall be zoncd Agncultural~Two (A~2) with all uses under thiS zone dlstnct as enumerated III the Wheat Ridge Code of Laws, as amended, permitted on the property with the followll1g exceptions. (1) Dog k.ennels, cattenes, and vetennary hospitals shall be prohibited (2) The keepmg of swme shall be prohibited, i~L ~.F. T .i: UI\l hiLi. FOS8'7' 126 b The eXistIng uses on the property of stables, a landscape contractor business, and sIngle-family residence shall be allowed to remaIn until such tlme as the property IS proposed for development. Sectlon 2. West 52nd Avenue, The City and Landowners acknowledge that this annexation Includes right~of~way of West 52nd Avenue, measuring 30 feet In width adjacent to I,. the southern boundary ofthe property Upon annexatIOn of the property, the City and I{j Landowners agree as follows a, The City shall vacate the entue 30 foot right~of-way east of the eastern right~of~way line of Simms Place Because thiS right-of-way was dedicated by the previous owner of the property described in Exhibit A, ownership shall revert to the Landowners upon vacatlon, b At the tune of vacation, the City shall reserve a 30 foot wide nonexclusl\:e utility easement and pedestrIan access easement. c The Landowners shall convey the vacated right~of~way to the City as open space and shall be allowed use of the property for storage In conjunction With the landscape contractor busIness until such time as the property IS sold or otherwise developed. Storage shall be limited to trucks and a dumpster used In the landscape bUSIness, The area shall be kept In a clean and orderly manner by the Landowners, d, The Landowners shall be responsible for maintenance of the vacated right~ of-way e, The City reserves the nght to construct a pedestrian trail or sidewalk within the vacated right-of~way upon 30 days notlce to the Landowners, LocatIOn of the trail or sidewalk shall be approved by both parties, which approval shall not be unreasonably Withheld and shall not infrInge upon the use as described In paragraph "c" above, SectIOn 3, Vested Rights. The Landowners agree to waive any and all rIghts which have vested as to the annexed property prior to the date of annexatlon approval by the City Council of the City of Wheat Ridge, SectIOn 4, PrOVISIOn of Water and Sewer Services, The Landowners acknowledge and understand that the City of Wheat Ridge does not proVide water and/or sewer serVices, The Landowners shall be solely responsible for obtaInIng such services through Colorado speCial districts, or by pnvate contract, and acknowledge that the City has no responsibility whatsoever to prOVide Said serVices, Beyer Annexation Agreement Parcel I Page 2 ~t~-.F'TiL.Jhi 1'~U. ,0589126 SectIOn 5, Contmgent Nature of Agreement. This Agreement IS expressly contmgent upon the fulfillmg by both Landowners and the City of all actions which are necessary to annex all of the property described m Exhibit A. If the annexation of all of said property, subject to all of the terms and conditIOns of this AnnexatIon Agreement, IS not accomplished, the City shall be oblIgated to disconnect any portion of the property prevIOusly annexed Into the City upon receipt of a WrItten demand from the Landowners that saId d1scnnnectlOn action tak.e place, SectIon 6. Enforcement RemedIes, 7 a, The Landowners may enforce against the City through any eqUItable action, Including the seekIng of InjunctIve or mandatory InjunctIve relIef, all of the proVISIOns of paragraphs 1,2,3,4 and 5 hereof. b Any Citywide ordInance whIch IS not Inconsistent with any of the provisIOns of paragraphs I and 2 above shall be applicable to and enforceable agaInst the Landowners or its successor, In the same manner as the same are enforceable against any other property owner WithIn the City SectIOn 7, Agreement to be Recorded, This Annexation Agreement shall be recorded by the City upon its adoptIOn by the Wheat Ridge City CouncIl SectIOn 8. Binding on Successors, ThiS Annexation Agreement, and each and every proVISion thereof, shall be fully bIndIng upon each of the parties hereto, as well as any heirs, successors. or assIgns of eIther party Section 9. Entire Agreement. This AnnexatIOn Agreement constItutes the entIre agreement between the partIes, and supersedes any other WrItten agreements or any verbal understandings which may have been reached between the partIes pnor to the executIon hereof Section 10. Amendment, ThiS AnnexatIOn Agreement may be amended only upon a wntIng Signed by each of the parties after proper and lawful approval thereof by the City Council of the City of Wheat Ridge or the Landowners, CITY OF WHEAT RIDGE, COLORADO a home rule muniCipal corporatIon 1 ATTEST LERK Beyer Annexation Agreement Parcell Page 3 - kE.-LLF r 1 Of\l j\JO. F0589126 Gerald Dahl, City Attorney RON AND MICHELLE BEYER Landowners ,~'" ~ Ron Beyer, Lan ner c) t) ,1 . I certify that the mformatlOn and exhibits herewith submitted are true and correct to the best of my knowledge. Subscribed and sworn to me this 2Di h day of 'fYlo..tc J ' , 1998 ,/..11111 \ /U1 NOTARY PUBL.C ! SEAL ,.' My Commission Expires. Il : i\ (, l U:\.. \ccrpts\aglc..::ml<;\bcyeranx Beyer Annexation Agreement Parcel I Page 4 EXHrBlT "A" i',ECEF r 1 LJ!~ ;'10. FOSB9126 Parcel 1 LEGAL DESCRIPTION Beglnnl"!} at the Southeast corner of 'he Northeast 1/4 of sold Section 17 ~ I Thence Northerly along Ih. (asl line of sold Northeast 1/4 218.56 f..t to Ihe northeast comer of parcel 1 01 Stondl"y Hleghts Exemption Survey No. I as recorded in Ihe oHiclol records of Ihe County of J"ff"",on. SIal. of Colorado, 2. Thoi" , Weslerly along the norlh line of sold Porcel Norlhwest comer of sold Porcel 1. 218.0", feet to the .3. Thence Southerly along the west line of said Porcel 276.58 10 !he South 11M of the Norlheost 1/" of said section 17 " Thence Eooferly along fhe oaid Soulh line of the Norlheos' 1/". 218,02 fut 10 Ihe point of Beginning. Contolning 1 ,~9 ocres --- ----------~~-~- - .~ ,. H :1 ~i .~ ~t h -:'i :1.1 ~. ;'; ci) :\; '0'." 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"'0 <.-::s ",;Z. ..,Ul ~~ Ul OVl T-v> o l/lC ........ ~:J: r"I?J 01> ..,~ 0'" 0", S'" ?J::s 1>("'1 Cll/l 0.... o .., .... :t '" l/l :;: .... :t " ?J ::z. o :u ):> r -1 o -1J:> :[.Z r'1~ 0>< _J:> ........-\ -<- o OZ -Tl-U ~t:; :[...-\ r'1 J:>Z -\0 ?J _ (JJ CJ GJ r'1 1 II l I ;::: '" :;u S 1> :z '-"" I tV S ''',LL-t:...f- - PG, 0001-010 4/09/98 12:12:16 )...Jc.. I J Ui'~ !\tu. r.:- 1.).:.Jd~26 ,:J 1 . ()(-... RECuPuED IN JEFFERSON COUNTY. COLORADO CERTIFICATE OF ANNEXED PLAT (I I, Wanda Sang, CIty Clerk of the City of Wheat Ridge, Colorado, do hereby certify that the attached plat IS one of the ongmal plats filed with the City CouncIl of the City of Wheat Ridge, Colorado on November 24, 1997, at which tlme a PetitIOn for AnnexatIOn of said territory to the CIty of Wheat RIdge, Colorado, was filed With SaId CIty Council. I further certify that by Ordmance No 1998-1108 legally passed and adopted by the CIty Council of Wheat Ridge, Colorado, and effectIve on April II, 1998, the territory described and referred to on saId plat was annexed to SaId City I further certIfy that attached hereto IS a true and correct copy of Ordinance No 1998~ 1108 DATED tl1\S Y n. day of L L/M., 1998 e: \pl anning\forms \annex \certi fc sO ~ ......... \ '