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HomeMy WebLinkAboutOrdinance-1998-1115 RECEPTIUN NO. FOb2059b 46.00 236 RECORDED IN JEF ~SON COUNTY. COLORADO INfIf8iM'&~BY COUNCIL MEMBER PC:: )001-009 5/29/98 1~:06:16 Dil 1rlP r Council Bill No. 11 Ordinance No. -1ll5 Series of 1998 c c' ,~\\i' )V AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY KNOWN AS PARCEL 1 OF THE 44th INDUSTRIAL PARK PROPERTY GENERALLY LOCATED SOUTH OF 44TH AVENUE, NORTH OF HIGHWAY 58, WEST OF INTERSTATE 70 AND EAST OF ELDRIDGE STREET IN JEFFERSON COUNTY. c\ \" WHEREAS, pursuant to the laws of the State 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 property described in attached ExhibIt A, bemg contIguous unmcorporated terrItory contiguous to the City and sItuated, lymg and being 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 (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 determme the elIgibility for annexatIOn of the Property, and WHEREAS. the CIty Councll of the City of Wheat Ridge. Colorado, has satIsfied Itself concerning the elIgIbIlIty for annexation of the Property, and concerning the conformance of the proposed annexatIon to the applIcable law and the annexatIon polIcy of the CIty of Wheat RIdge, Colorado BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO Section }, The annexatIOn to the CIty of Wheat RIdge, Colorado, of that Property described in attached ExhibIt A, situated, lymg and being m the County of Jefferson, State of Colorado, meets all requirements oflaw and the annexation polIcy of the CIty of Wheat RIdge, and therefore, and IS hereby approved and made effectIve, Section 2, Rezoning of the Property shall be completed simultaneously with the annexation of the Property pursuant to the Home Rule Charter and Code of Ordinances of the CIty of Wheat RIdge Section 3 The CIty Councll hereby approves the Annexation Agreement whIch IS attached as ExhibIt C SectIOn 4 Upon the effectIve date of thIs OrdInance 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 ,[- SectIOn 5 The CIty Clerk shall file for recordIng one certIfied copy of the AnnexatIOn OrdInance and one copy of the AnnexatIOn Map WIth the Clerk and Recorder of the County of Jefferson, State of Colorado Section 6 The City Clerk shall file one certified copy of the Annexation Ordinance and one copy of the Annexation Map WIth the Secretary of the State of Colorado Section 7 ThIS annexation shall become etTective upon the tilIng for recording of the certified copy of this AnnexatIOn OrdInance and the AnnexatIOn Map With the Clerk and Recorder for the County of Jefferson, State of Colorado, which tilIng for recording shall be accomplIshed no sooner than ninety (90) days from the date of adoption of thiS ordInance on second readIng. INTRODUCED, READ, AND ADOPTED on first readIng by a vote of~ to L on thisl3th day of April , 1998, ordered publIshed In full In a newspaper of general circulation m the City of Wheat RIdge and PublIc Heanng and consideratIOn on final passage set for May 11 , 1998, at 7 00 p,m" In the CounCIl Chambers, 7500 West 29th Avenue, Wheat RIdge, Colorado READ, ADOPTED, AND ORDERED PUBLISHED on second and final readIng by a vote of 8 to ~. thiS 11 th day of May , 1998 SIGNED by the Mayor on thIS 12th dayof May ,1998 ATTEST '~I Wanda Sang, City Clerk A~~W~ORNEY GERALD DAHL. CITY ATTORNEY Published, 1 st Publication. 2nd PublIcation Wheat Ridge Transcnpt April 17, 1998 May 15, 1998 OrdInance No 1115 Page 2 >. C.. o o n:: o o LL EXHIBIT A ~~ llGAl DESCf'If-'TI(lN - PARCEL 1 A fC'ARCfL Of U'NfI fr~ SLCTlON'; 19 AND 20, TOWNSHIP .3 SOUTH, RANGE 69 WE', T OF THf f 1 H l'h'lfKIf' At MERIDIAN, COlJNl Y OF JEffCRSON, STATE 01 C \JL ORAOO, M( 11,'1 r ',kTIClII ARt Y DESCRIBCD AS FOllOWS BEGINNING pI /, I '/ \rI~ i r(,(IM WHEWI Ji"L [: I,S i OUARTrR CORNER OF SAID SLCTION 19 BEARS :'09 :J3'2,3"W A :W.[M,U or 20000 FEET, THENCE, N72'10'27"W A DISTAl,\[ (il "lUgJ i7 rElT v lliL SOUTHERl Y RIGHT OF WAY OF WEST 44TH AVENUe. THENce, ill ell,,1 ',,(', [,I(;HT or WAY, N77'16'4(J"[ A DISTANCE OF 1 ',47 U) f LI I, ]HEN>!:" [,I Ff'~"I\\ I he:I\', SAID I~ICHT OF WAl', N1:"4,3':'O"W A DISTANCf III ,'-" "I FEET 10 lhl I,' If-< I ,tF1 Y RIGl,n 01 WAY OF WE',] 44TH AVENIJE, AI,D A (Iii ,i T,) THL RleJlll l'II111 I i I'I/\'~ A DCL 1/\ Of 13"00'00", /, RA[)ILlS OF 147250 f I! ;d~1 A CHORD BEARU,C (il Nc; 346'40"1:.. THENCE, NuNG THE ARC OF SAID CUI,'./f I, DI:;TANCE Of ,',,: 1'0 IUl, THENCE. S8943'2(1"[ A DISlANCE OF S:,OQ4 fTI' THENCE, DEPAf~lINC fROM SAID RIGHT Of WAY, 500'05'46"E A DISTANCE OF 19994 FEET, lHl Nile, ~64'20'29"W A DISTANCE OF 3320 FEET, THENCE, S31'24'20"W A DI:,TANCE or 60982 FEET TO A POINT ON THE EAST-WEST C[NTER Sf_ClIUI, IINI O[~ SAID SECTION 20: THENCE. ALONG SAID EAST -Wl e,T CENTER SfTll(IN 1 il"le, SR9'2,3'23"W A DISTANCE OF 77124 FEET TO THE POINT u[ 5r.: GINNING, UiN i/,iic!INC 91-1..3,lOS 52 SQUARE FErT OR 22 57 ACRES, MaRl ai, HOO"08'4J"W \"".,,'- I~~~ lI!i~ I~~~ ~~~ I ~~ iii>> I ;il ~~ " " ~SOO"OlS'4J'E ~,- """"'7 ;~p~ 1 ;:~Iu I i~' m ~z p . I 1 _Ii L1 ~Im ; ~. ~ ~" ~l~ '" '\~ '" , - '" y ).. o ,) 8 0 ~ 1 ~ ;!~ ~~!~i 1 Iil~E~~ JIl=-'a2... I ~~~~~ mi' .. : mt 1 .. f'>-<c., /.,~ ~ i __,I s , ~ , . . ;$ ~ "' - ~ ..... 1 ~ II: jl '1; ,\ i M~""nc ~ ~ ~I in Ili ~ ~~t~ I ~ ~ ~< il 'Il~i ~' ~ ~r a 'l ~ I ~~i I ~i I p~ ~ 'l '~n ~~ . ~~ ~ ~lIi~ ." ~~~~ @- ~ ~. I ~~ ~ *1 ~. ~ 'l~ ~ ~~ s ~ ~dm ~~ l!._ . ~ r~1l ~" ~~~ .~~ 1il!4~~ :~'l a~~ -~i ~~~ I ~ j ~'l ~ . ~n 9 ., ~ ~ ~ ~ ! AHHEXATIOH "'AP NO. 8&-. 44TH INDUSTRIAL PARK 44TH AVENUE At 1-70 JEFFERSON COUNTY, COLORADO o z- p~ \ "~ .~ 6~~~i~ Iii .~.f/~~ 0:0 IZ ("""', ~Jil'l II: 5 .8>) "tI;rfl 11::... ~~~ ~ ~ ~~~I -.O~l -\~ N'::~:;:' 7 o..,~ I ~:~.,."N ~~ili ~~ :[........:.1 IE:'" 0-1 ~~ ;rC> ~~~~ I & -r .~til~ ;;i~~ I. ~~8{~ ~ ~ r ..~ &:1" .~o!m ~ i - :c!..o ':,.,f ~ lil~~ ~"""'E~ 21142.25' -\ ~ ~ . ,. Iii ; I ~n n ~ ~~ @ ~ ~ ~ ~H i d ~~ ~ ~ ~ ~~ ~ ~ ~! ~ -. - 3~ ~ r " i I~ ~ ~ ,.. ~ ~ lil ~ i ;;; ~ B~ I'T1 il!l ):.: ~a ~-t Jlil! ~3! '":z8 ~ol'11 [!Iii!' ):.. ~~ te:z lil~ Q):z ~ll: I I'T1 ~rJl. ~ lil :::l ~ ~ .. :i! I I Ii 'I 1- , I ~ fi ~~i~~~ i .~. min~~~" ~~i!~g" I !ii~i'l~~~~2m~!~.~~:; I ~ i ~!~~~m I ~~~~ ;~i~~~~;~ii!~I~U~ I~:~~~~~~,~~~;m~~~ I il ~m@.! I ~~~I ~~ ~~i~~ ~8 ~ ~ ~ a ~: ~~:~~i~~~:":iil~~~ ~~ ~~~i~ ~ ~d~ h~i;i~ T55!~ ~;~;~ m~~~i!~~~m~~:~:!, ~~ ~~~~~ ~ ~I~il !il~eiilii~~,~~~~~~ ~~~~~~B"e~!~~~~:~i~m I i ~j~ ~ I """II~:I: I;>lil-o ~I~~ Pl2 2): 1:~iffi'" !&> ('<."I:ii~a ::tQ" B g ~~m !!~.~; ;~~il ~;~i~ ~~~~i ;~~~Ui~~i~~~!~~~~;! a i h!i~ ~~: ~ ~:II~ ii~ I~;~~ ~~~e~~i~~~~~M~i;~~ f i: !~m ~i ~ ~~Uii II! ;iU! ~~im;i!~ii!i;~im ~~~.~ . ~ ~ <O~2~ ~h ~~~ j~~~a~~:~~~i'l~~~l~~~~ ~~@~~ ;~ f;! ~g~7.e Sg~ ~~~~~ 'il;l!~~.~~~g~il~~i ~~~.~ b~~~ . ~. ~~~ il~ ~~.~~ ~~~~~> ~~i'lil~~'<- ~i~~ ~ ~ l! ~ 0 u ~ l!~~~ ~ ~ ~ 0 ~ 'l ~ i . ~ ~ n i .' ~ r- b ~ ~ ~ ! ...-.u.L6IQI""""''''_ c:mL~ ao, V1OU1:T STfltElI:T, GOLDEN. COL.~"'OO .040. ~"ONlI: (303) 27'_8071 .......>< (303) 27'_"073 A....-">n. l. 04-14-H 2. 05-05-H .1 ll5-01-lIllI n ~ I I ~ m >< :z: - II' - -I - - II' - - EXHIBIT '"C" ANNEXA nON AGREEMENT ~' ) THIS ANNEXATION AGREEMENT made and executed tlus 11 th day of MRY , 1998, by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado home rule mUl1lclpal corporation (herell1after referred to as the "Clty"). and Tom Hartley or hiS assigns (heremafter referred to as the "Landowner") PARCEL 1 WITNESSETH Whereas, the City of Wheat Ridge. Colorado, IS a Colorado home rule mUI1lClpal corporation, possesslllg all ofthe powers and authorities 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, wluch statutes mclude the MUl11clpal Annexation Act of 1965, C R S ~ 31 ~ I 2~ I 01, et seq. and Whereas, Tom Hartley IS thc Landowner of that certam real property which IS Identified m Exhibit A. which IS attached hereto and expressly Illcorporated herem, which property IS contiguous to the corporate boundanes of the City of Wheat Ridge, and which IS eligible for annexation Illto the City of Wheat Ridge, and Whereas, the City Wishes to annex the property descnbed m Exhibit A, and the Landowner of the property descnbed m Exhibit A. Wishes 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 Landowner Wish to set forth III thiS Annexation Agreement all of the terms and conditions which shall be applicable to the annexation of said property mto the houndanes 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 sard annexation. NOW, THEREFORE. the parties hereto, for themselves, their heirs, successors and assigns, do herehy covenant. warrant. and agree as follows SectIOn I. Agreement Regardmg Lonmg The property described m ExhlbJt A shall be re~zoned by the Wheat Ridge City Council in accordance With the proViSions of thiS paragraph. a, The property. which consists of 50 acres more or less. shall be zoned Planned Industnal Development (PID) With all permitted uses as listed III Exhibit B of the Ordinance zonmg the property SectIOn 2, Roadwav Improvements. The Landowner agrees to the followmg roadway improvements associated With thiS annexation 44th Industrial Annexation Agreement Parcel I Page 1 a, Pnor to the Issuance ofbUlldl11g permits, but not l11cludl11g gradl11g lJ permits, a left turn lane for west~bound 44th A venue into the project entrance and accel/decellanes for east~bound 44th Avenue mto the project entrance shall be constructed at the sole expense of the applIcant. Should a fuel statIOn and/or convemence store be proposed for any lot Within the project area, a traffic study shall be prepared at the applicant's expense. which meets WIth the approval of the City's Director of Public Works. which study shall address the need for a Signal at the l11tersectJon of the proJect's mternal roadway and West 44th Avenue If a traffic Signal IS warranted, it shall be installed at the expense of the applIcant and or subsequent owner/developer of smd fuel statlOn/convemence store lot pnor to the Issuance of bUlldmg permits for Said lot development. The applIcant shall align the mtersectlOn of 44th A venue and the Intenor roadway With the entrance to the Mount Olivet CemetelJ The applicant shall dedIcate an additional 10 feet ofright~of~way for 44th ^ venue along the entire south side of 44th A venue adjacent to the subject propertIes. Smd dedIcatIOn shall occur at the tIme of recordation of a FInal Plat for the proJect area. b c d. SectIOn 3, Other Commitments. a. All comments and conditIOns of the CIty Public Works Department shall be met pnor to recordatIOn of the FInal Plat. b A four foot Wide contInUOUS Sidewalk along the entlrc length and only on the north side of the interior roadway shall be constructed withIn the subdIVISIon, c Pnor to recordatIOn of the Fmal Plat, mcorporatlOn of a plat note stating that all bUlldmgs shall mclude a spnnkler system which meets the approval of the Falrmont Fire Protection Dlstnct. d. The applIcant shall meet all reqUirements of the Fmrmont Fire ProtcctlOn Distnct mcludmg but not lImited to the Distnct's letter dated Apn116, 1998 e, Pnor to recordatIOn of the FInal Plat. incorporatIOn of a plat note whIch states that no parking shall be permitted in the right-of-way of the Intenor roadway f Pnor to recordation of the FInal Plat. the applicant shall submit a commerCIal property owners associatIOn document which adequately addresses, a.) the maIntenance of the open space, b ) the fencmg adjacent to Highway 58, c,) the entry monument/slgnage adjacent to 44th Avenue. and d,) the mamtenance of the no parkIng signs. g. Pnor to the Issuance of any buIlding permIts, the developer shall be reqUired to Install no parking signs along both Sides of the mtenor roadway generally located 44th Industrial Annexation Agreement Parcel 1 Page 2 adjacent to each sIde lot lme, ExceptIon to thIs shall be at the ImmedIate corner of the mtenor roadway and 44th A venue Mamtenance of saId sIgns shall be the responsibIlIty of the commerCIal property owners assocIatIon, h. The applIcant shall be responsIble for all publIc Improvements. SaId Improvements shall meet the approval of the CIty's PublIc Works DIrector r1 Section 4, Vested RIghts, The Landowner agrees to waive any and all nghts whIch have vested as to the annexed property prior to the date of annexation approval by the CIty CouncIl of the CIty of Wheat RIdge Section 5, ProvlSlon of Water and Sewer ServIces. The Landowner acknowledges and understands that the CIty of Wheat RIdge does not provide water and/or sewer servIces. The Landowner shall be solely responsible for obtammg such servIces through Colorado special dlstncts, or by pnvate contract, and acknowledges that the CIty has no responsIbIlIty whatsoevcr to proVIde Said servIces. SectIon 6, Contmgent Nature of Agreement. This Agreement IS expressly contmgent upon the fulfillIng by both Landowner and thc 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 prcvlous]y annexed mto the City upon receIpt of a wntten demand from thc Landowner that said disconnectIOn action take place Section 7. Enforcement RemedIes, a, The Landowner may enforcc agamst the City through any eqUItable actIOn, includmg the seekmg of mJunctive or mandatory mjunctlvc relIef. all of the prOVISIons of paragraphs 1.2,3.4,5 and 6 hereof. b Any CItYWIde ordmance whIch IS not mconslstent WIth any of the provIsIons of paragraphs I and 2 above shall be applIcable to and enforceable agamst the Landowner or hIS successor, m the same manner as the same are enforceable agamst any other property owner wlthm the CIty SectIOn 8, Agreement to be Recorded, ThIS AnnexatIOn Agreement shall be recorded by the CIty upon ItS adoptIon by the Wheat Ridge CIty CouncIl. SectIon 9, Bmdmg on Successors. ThIS Annexation Agreement, and each and every proVISIOn thereof, shall be fully bmdmg upon each of the partIes hereto, as well as any heIrS, successors, or assIgns of either party SectIon 10: EntIre Agreement. ThIS AnnexatIOn Agreement constitutes the entire agreement between the partIes, and supersedes any other wntten agreements or any verbal 44th I ndustrial Annexation Agreement Parcel I Page 3 understandmgs which may have been reached between the parties pnor to the executIOn hereof . i \'1 SectIOn II. 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 Landowner CITY OF WHEAT RIDGE, COLORADO a home rule mUDlClpal corporation ATTEST B WANDA SANG, CITY CLERK ~4~ Gerald Dahl, City Attorney 44'h Eldndge, LLC LANDOWNER / ,""" . /-:) /. J 2'1 (/c;}Jti/.(/\ T ofn Hartley. Mct'f1ager . '\, \ I certify that the information and exhiBits herewith submitted are true and correct to the best of my knowledge. Subscnbed and sworn to me this ~ day of 111 /U), 0 1998 'j. ., f~ ),~ I} (~) ~C1 .( 1.1' /; Nc)T AR,' 'PUBLIC ( SEAL ~"i'-' ~) ;. ;:,':' r ", My Commission Expires, '."_ ;,',.""3;" tr .-?!i~ ,c:UOu ", , " 'eo .:: \. "' { . 441h Industrial Annexation Agreement Parcel I Page 4 ( ( EXHIBIT A ~ LEGAL DESCRIPTION - PARCEL 2 A PARCEL OF LAND IN SECTIONS 19 AND 20. TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COl,ORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A POINT FROtv1 WHENCE THE EAST QUARTER CORNER OF SAID SECTION 19 BEARS S89'23'23"W A DISTANCE OF 20000 FEET, THENCE. SS9'23'23"W A DISTANCE or' ?OO 00 FEET TO SAID EAST QUARTER CORNER OF SAID SECTION 19; THENCE, I\L.Oi~G THE EAST LINE OF SAID SECTION 19, SOO"22'25"W A DISTANCE OF 27538 i,[E1, THENCE, S87"15'49"W A DISTANCE OF 245500 FEET, THENCE, N75"06'S6" to rW:.,TAIKL or 20015 fTfT ro THE NORTH-SOUTH CENTER SECTION LINE Of Sf.il "rCllliN 19, lHENCE, AlONG SAID NORTH-SOUTH CENTER SEC1101~ L11,E, i~\)O 08'~3"W A DISTANCE 01 27894 fTEl TO THE SOlllHEf,'L Y RIGHT OF WI, Y UN[ ~ OF 44TH AVENUE AND A CURv[ TO THE LEFT WHICH HAS A DELTA OF 06"11'50", o I, "'ADIUS OF 99500 FEET A"D A CHORD BEARING OF t~80"22'35"E, TH[IKC, o ;'LONG <;;-\In 1"r::C 1-\ DIST/\NC[ OF 10752 FEET, THEI~C[, N7T16'40"E A 01\ TANG a: OF 174~1 72 FEET TO THE Cln OF WHEAT RIDGl BOUNDARY, THENCr, DEP/-\RTINC g !RUM SAID RIGHT OF WAY, ALONG SAID WHEAT RIDGE BOUNDARY, S72'10'27"E A CL DI:;lANJ'E OF 109317 FEE r, AND TO THE EAST-WEST CENTER SECTION L1N[ or ::",1[' SLClION 20 TO THL 1'()INl OF BEGINNING, CONTr,INING 1,307,50654 C;OUARf, rTf I or, 3002 ACRES, MOPE OR LESS