HomeMy WebLinkAboutOrdinance-1998-1110
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INTRODUCED BY COUNCILMEMBER
Dalbec
Council Bill No.5.
Ordinance No. ~
Series of 1998
AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE
UNINCORPORATED TERRITORY KNOWN AS THE BAKER
PROPERTY LOCATED AT 5220 SWADLEY IN JEFFERSON
COUNTY.
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WHEREAS, pursuant to the laws of the State of Colorado, therc 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 property described In attached Exhibit A, bemg
contiguous un1l1corporated tern tory contiguous to the City and situated, IY1l1g and be1l1g m 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, the owners of more than fifty percent (500;0) of the Property have petitIOned
for annexation, and
\VHEREAS, the City Council of the City of Wheat Ridge, Colorado, has conducted a
pubhc hearing as reqUired by law to determ1l1e the eligibility for annexation of the Property; and
WHEREAS, the CIty Council of the CIty of Wheat RIdge, Colorado, has satIsfied Itself
concemmg thc eligibility for annexatIOn of the Property, and concenllng the confom1ance of the
proposed annexatIOn to the applIcable la'W and the annexatIOn pohcy of the City of Wheat Ridge,
Colorado
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO'
SectIOn I The annexatIOn to the City of Wheat Ridge, Colorado, of that Property
described m attached ExhibIt A, sItuated, lYIng and bel11g 111 the County of Jefferson, State of
Colorado, meets all reqmrements of law and the annexation po hcy of the CIty of Wheat RIdge,
amI therefore, and IS hereby approved and made effective,
SectIOn'), Rezonl11g of the Property shall be completed slll1ultaneously 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 hereby approves the AnnexatIOn Agreement whIch IS
attached as ExhIbit C
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F"0589 I 30
Sectlon 4 Upon the effective date of thIs Ordmance the Property shall become subject to
the laws of the State of Colorado pertammg to cities and to the Charter and all ordll1ances,
resolutlOns, rules and regulatlOns of the City of Wheat RIdge,
Section 5 The City Clerk shall file for recordll1g one certified copy of the AnnexatlOn
Ordll1ance and one copy of the Annexation Map WIth the Clerk and Recorder of the County of
Jefferson, State of Colorado
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SectlOn 6 The City Clerk shall file onc certified copy ofthe AnnexatlOn Ordmance and
one copy of the AnnexatlOn Map With the Secretary of the State of Colorado
Sectlon 7 ThlS annexation shall become effective upon the filIng for recording of the
certified copy of thiS AnnexatIon Ordmance and the AnnexatlOn Map With the Clerk and
Recorder for the County of Jefferson, State of Colorado, which filIng for recordmg shall be
accomplIshed no sooner than nll1ety (90) days from the date of adoptlOn of this ordll1ance on
second readll1g,
INTRODUCED, READ, AND ADOPTED on first readmg by a vote of ~ to ~ on
thiS 23nllayof February , 1998, ordered publIshed 111 full 111 a newspaper of
general ClrculatlOn 111 the Cltr of Wheat Ridge and PublIc Heanng and consldcratlOn on final
passage set for March 3 ,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 readll1g by a
vote of 8 to ~, thiS 23rd day of March , 1998
SIGNED by the Mayor on thiS ?3rn day of
ATTEST1 Ji
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Wanda Sang, City cr
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GERALD DAHL, CITY ATTORNEY
PublIshed,
1 st PublIcatlOn,
2nd Pubheatlon,
Wheat Ridge Transcnpt
February 27, 1998
March 27, 1998
bakcranx
Effective Date:
Ord1l1ance No
April 11, 1998
Page 2
EXHI:JIT "A"
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LEeAL DESCRIPTION
B~9lnnln9 at the Southeast corner of the Nar1hw.st 1/4 01 sold S~tlan 17
Th~nce Weslerty along th. soulh IIn. of the sold Monlla.st 1/4 218.02 f..t
fO 0 poinl which is 30 feet south of the south.ost com<< 0/ Ihe wul 1/2
of 101 12 Stondl.y H.illhls Subc:fi.,;sion os recorded in the offidol ".cords of
lh~ Counly of Jefferson. Slale 01 Colorado. Sold polnl !kIng th. TNe Point 01 aeglnnlng.
I. Thence 1/ 00' t 7' 07" [ 30 ,.., to the south.osl corner 0' the Wesl 1/2
at lot 12 Standley H'/lIhls Subdivision os recorded In th. official r.cords of the
County of Jeff....on. Stole of Colorado.
2, Thence H 00' 17' 07- ( along the (osl IIn. at 'he sold ..5f 1/2 01 101 12 994.32 I_I
'a the I/o rt h.(15 1 corn", ofthe said we.1 1/2 01 lot 12.
3. Th.ne. S 89' 1 I' 42" W along Ih. Norlh Iin. 01 Ih. said ..51 1/2 at 101 12 218.09 f..1
to Ihe Northwest eorn.r of fh. said wesl 1/2 of la' 12.
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. Theneo S 00' 17' 21" W 010n9 fh. Wosl line at the said we.t 1/2 of 101 12 99.,33 fool
to Iho Soulhwest corner of Ihe so;d wes' 1/2 at 101 12
$, Thence S OOy 17' 2'" W 30 feel 10 0 poinl on II,. ,oufh line of fhe said
/lorlheost 1/. of secllon 17
6, Thence (o,terly along the soulh I;"e of Ih. loi<! IIorlh.,o,1 t/4 218,02 feet
10 the True Point of Beginning
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F0589130
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FOS89130
EXHIBIT "C"
ANNEXA TION 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 Walter and
Irene Bakcr or theIr assIgns (heremafter referred to as the "Landowners")
WITNESSETH
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Whereas. the CIty of Wheat RIdge, Colorado, IS a Colorado home rule mUl1Iclpal
corporatIOn. possessmg all of the powers and authontles 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 MUl1IClpal AnnexatIOn Act of 1965. C ,R.S ~ 31 ~ 12~ 101. et seq, and
Whereas, Walter and Irene Baker are owners of that certam real property which IS
identified in Exhibit A, which IS attached hereto and expressly incorporated herem, which
property is contiguous to the corporate boundanes of the City of Wheat Ridge. and which IS
ehgible for annexatIOn into 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 m thiS AnnexatIOn Agreement
all of the terms and conditions which shall be applicable to the annexation of said property mto
the boundaries of the City, and which shall, pursuant to the terms hereof, govern certain aspects
of the relatIOns betwecn 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 I, Agreement Regardmg ZOnIng. The property described m Exhibit A shall be
rezoned by the Wheat Ridge City Council m accordance With the provisions of this paragraph,
a. The property, whIch consists of 5 acres more or less, shall be zoned
Agncultural- Two (A~2) WIth all uses under this zone distnct as
enumerated m the Wheat Ridge Code of Laws, as amended, permItted on
the property with the following exceptIOns
(I) Dog kennels, cattenes. and vetennary hospitals shall be prohIbited.
(2) The keeping of swine shall be prohibIted,
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1"0589130
b The eXisting uses on the property of three single-family residences shall be
allowed to remain until such time as the property IS proposed for
development. The growmg and harvcstmg of hay shall be permitted on
the property
SectIOn 2, Vested Rights. The Landowners agree to waive any and all nghts which have
vested as to the annexed property pnor to the date of annexation approval by the City CouncIl of
the City of Wheat Ridge,
Section 3. 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 obtammg such services through Colorado special
distncts, or by pnvate contract, and acknowledges that the City has no responsibIlity whatsoever
to proVide said services.
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SectIOn 4, Contingent Nature of Agreement. ThiS Agreement is expressly contingent
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 temlS and conditIOns of thiS Annexation Agreement, IS not accomplished, the City shall be
obligated to disconnect any portIOn of the property previously annexed 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 against the City through any eqUitable
actIOn, mcludmg the seekmg ofmJunctJve or mandatory mJunctlve relict:
all of the proviSIOns of paragraphs I ,2JA 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 their successor, in 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
SectIOn 7. Bmdmg on Successors. ThiS AnnexatIOn Agreement, and each and every
provision thereof, shall be fully bindmg upon each of the parties hereto. as well as any heirs,
successors, or assigns of either party
SectIOn 8, Entire 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 prior to the executIOn hereof
Baker Annexation Agreement
Page 2
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F0589130
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 Ihe City of Wheat Ridge or the Landowners,
CITY OF WHEAT RIDGE, COLORADO
a home rule muniCipal corporatIOn
ATTEST 7
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WANDA SANq, Cl LERK
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jGRETCHEN CERVENY. MA
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Gerald Dahl, City Attorney
WALTER AND IRENE BAKER
Landowners
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Walter Baker. Landowner
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Irene Baker. Landowner
I certify that the mformatlon and exhibIts herewith submitted are true and correct to the best of
my knowledge,
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Subscribed and sworn to me thiS ~ day of '~n '.0-\ (/\ ,1998
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SEAl.
My CommissIOn Expires J Ie ( \
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Baker Annexation Agreement
Page 3
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L[C"L D[SCRlPTlON
S~9lnnln9 at the Southeosl corner 01 Ihe Horthwesl 1/-4 01 sold S4cllon 17
lh~(1ce W,,;lerly along /he soulh line of Ihe sold Horthoest 1/4 218.02 1..1
10 0 poinl which b 30 feel soulh of the southeo,1 eomer of Ihe west 1/2
of 'of 12 Standley Heights Subdivision os recorded in the officlol records of
'h~ Counly of Jefferson, Stole 01 Colorado. Sold poInt Being the True Pol"l of BegInning.
l.Thene. 1'1 00' 17' 076 E 30 f.et 10 Ihe soulheost eorner of Ih. Wesl 1/2
of 101 12 Slondley Helghls Subdivision os recorded In Ihe officIo I records of the
County of Jefferson, State of Colorado.
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2, Thence H 00' 17' 07" ( along Ihe (ost line of Ihe sold wesl 1/1 of 101 12 99-4,32 IHI
'a the Hortheosl corner offhe said we.1 1/2 of 101 11.
3. Thence S 89' II' -42" W along 'he Norlh fine of Ihe said _.~t 1/2 of 101 12 218.09 f..,
10 Ih. Horthw..t corn.. of the said ..esl 1/2 of 101 12.
. Th.ne. S 00' 17' 21" W along Ihe Wesl line of Ihe said west 1/2 of 101 12 99~,33 ...1
10 Ih. Southwesl comer of the said wesl 1/2 of 101 12
S, Thence S 001' 17' 21" W 50 fe~t to 0 poinl on 'he .oulh IiM of Ihe said
UOMMo.1 1/-4 of section 17
6. Th.nc. Eoslorly along Ihe sou'h li"o of Ihe laid Northeo.1 1/-4 218,02 f..,
10 the! True Point of 8'C9inning
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""'LEi' iiUN :-10, F-058<rr3e, 46.00
0~2 RECORDED IN JEFFERSON COUNTY, COLORADO
PG: 0001-009
4/09/98 12: 12: 17
CERTIFICATE OF ANNEXED PLAT
_.
\_ .! I, Wanda Sang. CIty Clerk of the City of Wheat Ridge, Colorado, do hereby certify that q
the attached plat IS one of the ongmal plats tiled with the City Counol of the CIty of Wheat \ /
Ridge, Colorado on November 24, 1997, at which tune a Petition for Annexation of said territor)
to the CIty of Wheat Ridge, Colorado, was filed wIth said City CouncIl.
I further certify that by Ordmance No 1998~ III 0 legally passed and adopted by the City
Council of Wheat Ridge, Colorado, and effective on Apn\ 11, 1998, the tern tor) described and
referred to on smd plat was annexed to said Clt)
I further certify that attached hereto is a true and correct copy of Ordmance No 1998-
1110
DATED thiS ~ .iL- day oft~, 1998,
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Wanda Sang, CIty Cle
t:: \plann i ng Iforms \annex \-.;crti fc