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HomeMy WebLinkAboutOrdinance-1998-1125 1\ \.. \>~ ,,\ '-''''' I , - RECEPTION NO. F0677489 21.00 PG: 0001-004 052 RECORDED IN JEFFERSON COUNTY, COLORADO 8/20/1998 9:48:12 INTRODUCED BY COUNCIL MEMBER Dalbec Council Bill No. 25 Ordinance No 1125 \/~ Series of 1998 TITLE. AN ORDINANCE VACATING A PORTION OF West 52nd Avenue (CASE NO, WV-98-o3 ) WITHIN THE CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO WHEREAS, the subject right-of-way lies within the City of Wheat Ridge, I:ountv of Jefferscn, State of Colorado, and WHEREAS, the subject right-of-way IS not needed for any public purpose, and WHEREAS, the vacation is a condition of that certain Annexution Agreement between the City of Wheat Ridge and Ron and Michelle Beyer dated March 23, 1998, and WHEREAS, no land adjoining the subject right-of-way will be left V'vilhout Clecns::; to the public street system as a consequence of its vacation BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Vacation. The following portion of West 52nd Avenue, a dedwated 51 feet wIthin the City of Whe<'lt Rldgp, Cnunty of J8ffp.fsor c,t:t:; of Colorado, IS hereby vacated, See Exhibit A attached hereto and incorporC1tGd herein by referenee. Section 2. Conditions. The Mayor and Clerk of the City of Wheat Ridge rray execute this Ordinance and an easement In substantially the form attachod hereto as Exhibit B In connection herewith upon two conditions (a) a 30-foot utility easement and pedestrian access IS hereby reserved over the property hereby vacated In accordance with Section 43-2-303(3), C R S, and (b) a deed in substantially the form attached hereto as Exhibit C shall be executed by Ron and Michelle Beyer KLE\53027'.288055 01 - RECEPTION NO. F06771.189 Section 3, VestinQ. Upon the vacation accomplished hereby, title to the property vacated shall revert to abutting property owner(s) of record in the manner set forth In Section 43-2-302, C R S .r~\ /' . /' Section 4 Safety Clause The City Council hereby finds, determines, and declares that this Ordinance IS promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the publiC and that this Ordinance is necessary for the 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 Section 5 Severabilitv If any clause, sentence, paragraph, or part of this Ordinance Code or the application thereof to any person ur circumstances shall Tor any reason be adjusted by a court of competent JUrisdiction invalid, such judgment shall not affect application to other persons or circumstances Section 6, Effective Date This Ordinance shall take effect fifteen days after final publication as provided by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _L _ to ~_ on this _ 22nd ~ day of June , 1998. ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for July 13, 1998 ,1998, at 7 00 o'clock pm, In the Council Chambers, 7500 West 29th A.venue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 ,this 13th day of July , 1998 SIGNED by' t~je Ma'yor or: t!-'js 16th daY'Jr July 1qg8 I \ ~I_"-.(~------~" /;11 ,J-~ __.'Jl;'~}I~. GRETCHEN CERVENY, MAYOR ATTEST l' ~ /, ?U{ ii.. . ~" WANDA SANG, CITY &ERK KLE'.53027\288055 01 2 RECEPTION NO. F0677489 First Publication' June 26, 1998 Second Publicc:tlon July 24, 1998 Wheat Ridge Transcript Effective Date August 8, 1998 KLE\53027\28805501 APPROVED AS TO FORM BY CITY ATTORNEY 3 /1 '/) // RECEPT 101'l 1\ F0677489 EXHIBIT A (Legal Description of Easement Area) A tract ofland lying In the NE 1/4 of Section 17, Township 3 South, Range 69 West of the 6th Pnnclpal Mendian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as. Li THE EAST 99 42 FEET OF THE SOUTH 30 FEET OF SAID NE 1/4 OF SECTION 17 ~ (] .. .. EXHIBIT f-1L- EASEMENT AGREEMENT The CITY OF WHEAT RIDGE, a Colorado home rule municipal corporation of the State of Colorado (hereinafter "Grantor"), for and in consideration of the sum of Ten and No/lOOths Dollars ($10 00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, sell and convey to Ron Beyer and Michelle Beyer, ("Beyer") an easement ("Easement") in the nature of a nonexclusive easement for storage, over, across and through that certain real property owned by Grantor and situate in the County of Jefferson, State of Colorado, more particularly described as follows: /h I ' See Exhibit A attached hereto and incorporated herein by reference (the "Easement Area"), which area adjoins Beyer's property (the "Property"). This Easement is granted to Beyer in accordance with the terms of that certain Annexation Agreement dated March 23, 1998. Such Easement Area is also simultaneously being conveyed by Grantor by grant of a nonexclusive easement to the Valley Water District. By acceptance hereof, Beyer acknowledges that the Easement and rights hereby granted are subject to the following conditions: 1, Beyer shall be permitted to store within the Easement Area its trucks and the dumpster which are used in connection with its landscape business (the "Business"), so long as: (a) The Business and storage in the Easement Area are conducted in substantially the same manner as of the date of this Agreement; (b) No building permit is issued on the Property, other than as necessary for operation of the Business and for no other purpose; (c) The Property has not been conveyed, sold, abandoned, or transferred; (d) The Easement Area shall be kept clean and free of debris and trash. The Easement Area shall be deemed to be clean and maintained in accordance with the terms of this Agreement so long as no more than three (3) nuisance citations are issued by the City of Wheat Ridge relating to the Easement Area within any five (5) year period; KLE\53027\288585.01 1 RECEPTION NO. FOo77491 26.00 PG: 0001-005 250 RECORDED IN JEFFERSON COUNTY, COLORADO 8/20/1998 9:48:12 (e) Grantor has not provided 30 days' notice to Beyer of its intent to construct a pedestrian trail or sidewalk within the Easement Area. In the event of the occurrence of any of the events listed in subsections a through e above, Grantor shall have the right (but not the obligation), at its option, to (i) terminate this Agreement, or (ii) enter the Easement, and so much of Beyer's adjoining lands as may be necessary or convenient, to perform such maintenance or remove such materials as may be necessary. All work performed by the Grantor in connection with the exercise of the Grantor's rights under this paragraph shall be performed with reasonable care, and the surface of any property adjoining the Easement Area which may be damaged during such work shall, following such work, be restored by the Grantor to a condition reasonably similar to its original condition. /;) 1/ Beyer covenants and agrees that no building, structure or other above or below ground improvement or other obstruction that will interfere with the full use and enjoyment of the Easement will be placed, erected, installed or permitted upon the Easement Area; and Beyer further covenants and agrees that in the event the terms of this paragraph are violated by Beyer, or any person in privy with Beyer, such violation will be corrected and eliminated immediately by Beyer upon receipt of notice from the Grantor. In the event that Beyer shall fail to remedy such violation, Grantor shall have the right to correct and eliminate such violation, at the sole cost and expense of Beyer, or, alternatively, to terminate this Easement upon written notice to Beyer. Beyer, on behalf of itself, its heirs, devisees, legal representatives, successors and assigns, hereby expressly releases the Grantor from any and all claims for damages, whether actual, consequential or special, which may be suffered or claimed by Beyer, or anyone claiming by, through or under Beyer, relating to, arising from, or incident to any work performed by the Grantor in the exercise of the Grantor's rights under this Agreement. Any and all costs and expenses, including reasonable attorneys fees and court costs, which may be incurred by the Grantor with respect to its performance of Beyer's responsibilities hereunder, or with respect to the enforcement of the Easement and/or this Agreement shall be billed to Beyer, and shall be due and payable by Beyer upon receipt of the invoice from Grantor. In the event that Beyer fails to fully reimburse the Grantor within thirty (30) days after submission of the bill, such unpaid amounts shall thereafter accrue interest at the rate set forth in CR.S, ~39-12-103(3), and the Beyer agrees that the Grantor shall have the right to place a lien against the real property comprising the Easement Area to the full extent of all such unreimbursed costs, expenses and interest, which lien shall be enforceable and foreclosable in the same manner as any mortgage or deed of trust in the State of Colorado KLE\530271288585.01 2 RECEPTION NO. F0677491 Notwithstanding the foregoing, and to the extent permitted by applicable law, Grantor shall have the right to certify the outstanding indebtedness obligation of Beyer to the Jefferson County Treasurer and to cause such obligation to be included in the real property tax and assessment bill levied against the tax parcel(s) which encompass the Property. ~ The Easement granted hereby may terminate in accordance with the terms hereof and shall bind and constitute an equitable servitude until and unless terminated in accordance with the terms of this Agreement, This Agreement, and each of the obligations of Grantor, and each of the rights of Beyer, set forth herein shall be binding upon the parties hereto and their respective heirs, devisees, legal representatives, successors and assigns IN WITNESS WHEREOF, Grantor has executed this instrument this 27thday of July , 1998, GRANTOR: THE CITY OF WHEAT RIDGE, COLORADO /' / ( \' , :B Gretchen Cerveny It'S: Mayor ./ ATTEST i # )1 r,~-=:>l/{t(/IAt ~2-->I/t '~~ Wanda Sang, City Clerk_ " KLE\53027\288585.01 3 RECEPTION NO. F0677491 RECEPTION NO. EXHIBIT A (Legal Description of Easement) ~ F0677491 EXHIBIT "A" Beginning at the Southeast corner of the NW: of Section 17, Township 3 South, Range 69 West of the 6th P.M.. thence West along the South line of said NW* a distance of 100 feet, thence North and parallel with the East line of said NW: a distance of 30 feet; thence East and parallel to said South line a distance of 100 feet to the East line of said NW:, thence South a distance of 30 feet along said East line to the Point of Beginning. ./ o RECEPTI ON NO. F0677491 ~ g. l.LJ u.: u... >- co ~ m ..... - ;z' ~.~ 0 =- CI:! c.. C (!J C ~ u" c::( !< I- en - . r ! , EXHIBIT o - SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED ("Deed") is made and given this 13th day of .TlIly _ ' 1998, by RON BEYER AND MICHELLE BEYER ("Grantor"), to the CITY OF 'VHEAT RIDGE, COLORADO, whose address is 7500 W 29th Avenue, lJ. Wheat Ridge, Colorado 80215 ("Grantee") I/"- \ WITNESSETH, that the Grantor, for and in consideration of the sum of ONE DOLLAR ($1 00), and other good and valuable consideration, the receipt of which is hereby acknowledged by Grantor, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its successors and assigns forever, all of that certain real property situate, lying and being in the County of Jefferson, State of Colorado, more particularly described as follows ("the Property") See Exhibit A attached hereto and made a part hereof TOGETHER WITH all and singular the heriditaments and appurtenances thereunto belonging, or in any ways appertaining, the reversion and reverSIOns, remamder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the Property, SUBJECT TO real estate taxes and assessments for 1998 and subsequent years, a lien not yet due and payable, and to covenants, conditions, restrictions, easements, rights of way, and other matters of record, if any, TO HAVE AND TO HOLD the said Property, with all appurtenances thereunto belonging, unto Grantee, its successors and assigns forever, for open space purposes, AND the Grantor, for itself, its successors and assigns, covenants and agrees to and with Grantee, Its successors and assigns, to warrant and defend the quiet and peaceahle possession of the Property by Grantee, its successors and assigns, agamst every person who lawfully claims the Property or any part thereof by, through or under Grantor IN WITNESS WHEREOF, the Grantor has executed this Deed as of the day and year first above written. RON BEYER ~~~ ~ KLE\53027\2~~325 0\ RECEPTION NO. F0677490 21.00 250 RECORDED IN JEFFERSON COUNTY, COLORADO PG: 0001-004 8/20/1998 9:48: 12 MICHELLE BEYER --4!fil/td ~M. '7-- STATE OF COLORADO ) ) ss COUNTY OF JEFFERSON ) The foregoing instrument was acknowledged before me this ~ day Of~~ 1998, by Ron Beyer and MIchelle Beyer. Witness my hand and official seal My commission expires 1. d-t..\-~q . ", ~~\\~\\. N ta Public ( SEA L') " '". . , \ '". . '.' ,.'i i."l " (~) RECEPTION NO. F0677490 KLE\53027\28832501 EXIDBIT A (Legal Description of Easement Area) A tract of land lying in the NE 1/4 of Section 17, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County ofJefferson, State of Colorado, described as. THE EAST 99 42 FEET OF THE SOUTH 30 FEET OF SAID NE 1/4 OF SECTION 17. ;3 RECEPTION NO. F0677490 EXHIBIT A (Legal Description of Easement Area) A tract ofIand lying in the NE 1/4 of Section 17, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as THE EAST 99 42 FEET OF THE SOUTH 30 FEET OF SAID NE 1/4 OF SECTION 17 Lf RECEPTION NO. F0677490