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Home My WebLink AboutOrdinance-1998-1109 t-<l:.L-- T 1 Cjj~ j'JCj. F0589128 INTRODUCED BY COUNCILMEMBER DRllwc Council Bill No.3. Ordinance No. Jl.O.9 Series of 1998 AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY KNOWN AS THE BEYER PROPERTY, PARCEL 2, LOCATED AT 11721 WEST 52ND AVENUE IN JEFFERSON COUNTY. /"\ ,-::t- WHEREAS, pursuant to thc laws ofthc State of Colorado, thcre was presented to the Cay CounCll of the CIty of Wheat RIdge, Colorado, wntten petItIOn for annexatIon to and by the CIty ofWhcat Rldgc, Colorado, of that property described 111 attached ExhibIt A, be1l1g contlguous umncorporated tern tory contIguous to thc CIty and sItuated, lymg and be1l1g 111 the County of Jefferson, State of Colorado (the Property), and WHEREAS, the Property IS further described on the AnnexatIon Map attached hereto as ExhibIt B, and WHEREAS, thc owners of more than fifty perccnt (50%) of the Property have petItIOned for amlexatIOn, and WHEREAS, the CIty CouncIl of the Clty of Wheat RIdge, Colorado, has conductcd a publIc heanng as requIred by la'W to detemlmc the clIgibIllty for annexatIon of the Property; and WHEREAS, the CIty CouncIl of the CIty of Wheat Rldge, Colorado, has satIsfied Itself concemmg the elIgibIlIty for annexatIon ofthe Property, and concem1l1g the conformance of the proposed annexatIon to the applIcable law and the annexatIOn pollcy of the CIty of Wheat RIdge, Colorado BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO' SectIon 1 Thc anncxatlon to thc CIty of Wheat RIdge, Colorado, orthat Property described 111 attached ExhibIt A, sItuated, lymg and bemg 111 the County of Jefferson, State of Colorado, meets all requIrements oflaw and thc annexatIon polIcy of the CIty of Wheat RIdge, and therefore, and IS hereby approved and made effectIve, Sectlon 2, Rezomng of the Property shall be completed s1l11Ultaneously WIth the anncxatIOn of the Property pursuant to the Home Rule Charter and Code of Ordmances of the CIty of Wheat Rldge SectIon 3 The Clty CounCIl hereby approvcs the AnnexatIon Agreement whIch IS attached as ExhibIt C r-\t..CE~' "il Ui..j !'Ju.. F <)589 1 ~8 SectlOn 4 Upon the effectlVe date of thIs Ordmance the Property shall become subject to the laws of the State of Colorado pertaining to cIties and to the Charter and all ordInances, resolutIOns, rules and regulatIOns of the CIty of Wheat RIdge, SectlOn 5 The Clty Clerk shall file for recording one certIfied copy of the AnnexatlOn Ordll1ance and one copy of the AnnexatIon Map with the Clerk and Recorder of the County of 0, Jefferson, State of Colorado../ SectIOn 6 The CIty Clerk shall file one certIfied copy of the AnnexatIon OrdInance and one copy of the AImexatIon Map with the Secretary of the Statc of Colorado SectIon 7 ThIs annexatIon shall become effectIve upon the filIng for recordIng of the certIfied copy of thIs AnnexatIOn Ordll1ance and thc AnnexatIon Map wIth the Clerk and Recorder for the County of Jefferson, State of Colorado, whIch filIng for recordll1g shall be accomplIshed no sooner than nll1ety (90) days from the date of adoptIon of thIs ordll1ance on second reading. INTRODUCED, READ, AND ADOPTED on first readIng by a vote of JL to ~ on thIs 23rdayof February , 1998, ordered publIshed In full In a ncwspapcr of gcneral CIrculatIon 111 the CIty of Wheat Ridge and PublIc HearIng and conSIderatIon on final passage set for March 21 ,1998, at 7'00 p,m" 111 the CouncIl Chambers, 7500 West 29th Avenue, Wheat RIdge, Colorado READ, ADOPTED, AND ORDERED PUBLISHED on second and final read1l1g by a vote of 8 to ~, thIS 23rd day of March, 1998 SIGNED by the Mayor on thiS 23rd day of March ,1998 ATTEST. . /( ~;)j~~ Wanda Sang, City Clerk~" ETCHEN CERVENY, MAYOR --~""_/ A~JV~~pTORNEY GERALD DAHL, CITY ATTORNEY PublIshed, I st PublIcatIon 2nd PublIcatIOn, Effective Date: Wheat RIdge TranSCrIpt February 27, 1998 March 27, 1998 April 11, 1998 annex2.on.1 Ord1l1ance No Page 2 EXH.BIT II A II fiE.CLF f I ui"'>l l'iU. F0589128 Parcel 2 lEC,l.l DESCRIPTION Beginning at It,. Soulh.osl corn.r of fhe Norlheosl 1/4 at sold S.ella" 17 Th.nce Norlh.rly along Ihe [osl line 01 said Norlh.osl 1/4. 278.56 I.el 10 Ih. Soulheosl corn.r of Porc.1 2 of slondl.r H.ighl, (xemption Surv.y No.1. os r.cord.d in Ih. offlelol r.cords of Ih. Counly 01 J.lf.',on, Slole of Colorado Sold Soulh.osl carn.r being Ih. Tru. Pain I of B.ginning y f. Thence conlinulng norlh.rly o/on9 Ihe [osl lin. 01 .old Norlheosl 1/'. 2.856 1..1 10 Ih. norih.osl comer 01 sold Parcel 2 2 Thence Weslerly 010n9 the norlh line 01 sold Parcel 2. 216,05 f..1 10 Ihe Norlh....sl corner 01 sold parcel 2, J. Thence Soulherly along Ihe wesl IIn. of sold Parcel 2. 246,58 f.ef to Ihe South.....1 corn.r 01 sold porc.1 2 4 Thenc. Co.lerly 010n9 Ih. soulh IIn. of .old parcel 2. 218,04 1..1 to Ih. 'ru. Poinl 01 B.9lnnln9' Conlalnlng 1,24 acres - EXHIBIT "C" t',ELEF i j UI'I 1'10. F'J589128 ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT made and executed this 23rd day of March , 1998, by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado home rule muniCipal corporatIOn (heremafter referred to as the "City"), and Ron and Michelle Beyer or their assigns (hereinafter referred to as the "Landowners"), WITNESSETH cl ) Whereas, the City of Wheat Ridge, Colorado, IS a Colorado home rule mUOlClpal 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 include the MUl11cipal AnnexatIOn Act of 1965, C.R.S ~ 31 ~ 12~ 1 01, et seq, and Whereas, Ron and Michelle Beyer are owners of that certam real property which IS Identified m Exhibit A, which IS attached hereto and expressly mcorporated herein, 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 m Exhibit A, wish to have the same annexed mto the City, subject to all of the terms and conditIOns set forth herein, and Whereas, the City and the Landowners wish to set forth m 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 paJ'tles 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 Regardmg Zoning, The property described in Exhibit A shall be rezoned by the Wheat Ridge City Councilm accordance With the proVISions of thiS paragraph. a, The property, which consists of 1.25 acres more or less, shall be zoned Agncultural~Two (A~2) With all uses under this zone district as enumerated In the Wheat Ridge Code of Laws, as amended, permitted on the property With the followmg exceptIOns (1 ) Dog kennels, eattenes, and veterinary hospitals shall be prohibited. (2) The keepmg of swme shall be prohibited, i"\L LcrT I u,~j j...jU. f"7589J28 b The existmg uses on the property of stables, a landscape contractor busmess, and smgle-family residence shall be allowed to remam until such time as the property IS proposed for development. Section 2, Vested Rights, The Landowners agree to waive any and all rights which have vested as to the annexed property prior to the date of annexatIOn approval by the City Counctl of the City of Wheat Ridge Section 3: Provision of Water and Sewer Services. The Landowners acknowledge and understand that the Clty of Wheat Rldge does not provlde water and/or sewer serVlces. The Landowners shall be solely responsible for obtaming such services through Colorado specJaI dlstncts, or by pnvate contract. and acknowledge that the City has no responsibility whatsoever to provide sUld serVices, G Sectlon 4, Contmgent Nature of Agreement. This Agreement IS expressly contmgent upon the fulfilling by both Landowners and the City of all actlons which are necessary to annex all of the property described ll1 Exhibit A. If the annexation of all of sUld property, subject to all of the terms and conditions of this Annexation Agreement, is not accomplished, the Clty shall be obligated to disconnect any portIOn of the property preVIOusly anhexed mto the City upon receipt of a wntten demand from the Landowners that said disconnection action take place Section 5, Enforcement Remedies, a, The Landowners may enforce agamst the City through any eqUitable actIOn, ll1c1udmg the seeking of ll1Junctive or mandatory mjunctlve relief, all of the provisions of paragraphs 1,2,3,4 and 5 hereof. b Any CitYWide ordmancc which IS not ll1eOnslstent wlth any of the provIsions of paragraphs I and 2 above shall be applicable to and enforceable agamst the Landowners or ItS successor, m the same manner as the same are enforceable agamst any other property owner wlthm the City SectIOn 6. Agreement to be Recorded, ThiS AnnexatIOn Agreement shall be recorded by the City upon ItS adoptIOn by the Wheat Ridge City Council. SectlOn 7, Bmdmg on Successors, Thls AnnexatlOn Agreement, and each and every prOVISion thereof. shall be fully bmdmg upon each of the parties hereto, as well as any heus, successors, or assigns of either party Beyer Annexation Agreement Parcel 2 Page 2 tiL _F T lOi-J piCi. F05891c8 Section 8, Entlre Agreement. ThiS Annexation Agreement constitutes the entire agreement between the parties. and supersedes any other wntten agreements or any verbal understandmgs which may have been reached between the parties pnor to the execution hereof. SectIOn 9. Amendment. ThIS AnnexatIOn Agreement may be amended only upon a wntmg 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 mUl1lclpal corporatIOn ~ ATTEST ,'j JRETCHEN CERVENY, MA APPROVED AS TO FORM G~~et{!l/ RON AND MICHELLE BEYER Landowners d:~ ~~ Ron Beyer, L wner I certlfy that the informatIOn and exhibits hereWith submitted are true and correct to the best of my knowledge 'il,+h yYI ) Subscribed and sworn to me thiS ~ day of iJ-.-'1.(. ,\, , 1998 , Jdu'l U.'" r ~'1 NOTARY PUBOC '. SEA!, L"\ \cc,rrfls lagrcclnts\1)t;:ycranx My CommiSSIOn Expires Lj Ie r' I Beyer Annex'ation Agreemenl Parcel 2 Page 3 .. ra .. .. t- - Ia - ::I: >< UI w C) o f'n:: 01- z<t: w I-I :53: D..l..L. zO 0>- 1-1- <t:u X Ww ZI ZI- <t: o I- z <( 0 '" w ~ ...J <( a- u z '" a- :I: ..... X V1 w :I: ..... u. 0 tno wO ;;:<( '" ())o W...J 0 wU CClu. ~o ! "'w II;;: ,- ..... :JV1 0 V1 - Z 1')0 V1 0...'" -w Iu. V1u. ZW ;;:' Ou. .....0 r--->- -..... Z Z:J Qo .....U U w V1 u. 0 '<t "'- w Z w :I: ..... u. 0 Z 0 ..... 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