HomeMy WebLinkAboutOrdinance-1999-1154
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Shaver
Council Bill No. 6
Ordinance No. 1154
Series of 1999
TITLE: AN ORDINANCE APPROVING AN AGREEMENT AND IN
CONNECTION THEREWITH, APPROVING DISPOSAL OF
5894 SQUARE FEET, MORE OR LESS, OF CITY OWNED
LAND LOCATED AT APPROXIMATELY 38TH AVENUE AND
KLINE.
WHEREAS, the City of Wheat Ridge wishes to enter into an agreement for
the exchange of real property in connection with the Wheat Ridge Recreation
Center as described in Exhibit 1 , and
WHEREAS, the City Council wishes to dispose of 5,894 square feet, more or
less, of City owned land located at approximately 38th and Kline as described on
Exhibit 2, as authorized by the Agreement, and
WHEREAS, Charter Section 16.5 requires approval by ordinance adopted by
a three fourths vote of the City Council, prior to the sale or disposal of City owned
land by the City.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO:
Section 1. The Agreement attached hereto as Exhibit 1 is hereby approved.
Section 2. Pursuant to the authority vested in it by Section 16.5 of the
Wheat Ridge Charter, the City-owned land described on Exhibit 2 is hereby
approved for immediate disposal under the terms and conditions set forth in the
Agreement.
Section 3. 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.
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Section 4. Severabilitv: Conflictinq Ordinances Repealed. If any section,
subsection or clause of this ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect fifteen days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to
o on this 22nd day of March , 1999, 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 Apri 1 12 , 1999, at
7:00 o'clock 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 7 to 1 ,this 12th day of April , 1999.
SIGNED by the Mayor on this
12th
day of
April
, 1999.
ATTEST:
(
I
APPROVED AS TO FORM BY CITY
ATTO
First Publication: March 26, 1999
Second Publication April 16, 1999
Wheat Ridge Transcript
Effective Date: May 1, 1999
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EXHIBIT 1
Agreement for Exchange of Real Property
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AGREEMENT
THIS AGREEMENT is made and entered into by and between Lisa M. Denning and
Frank D Denning, hereinafter referred to as "Dennings"; and the City of Wheat Ridge, a
Colorado Municipal Corporation, hereinafter referred to as "the City", hereinafter referred
to jointly as the "Parties"
WIT N E SSE T H:
WHEREAS, the Dennings are the owners of two parcels of real property which are
generally located at the northwest corner of West 38'" Avenue and Kipling Street; and
lying south of Lena Gulch (hereinafter collectively the "Denning Property"), more
particularly described on Exhibit A anached hereto and fully incorporated herein by this
reference; and
WHEREAS, the City desires to construct a portion of West 39'" Avenue and a new
traffic lane along the west side of Kipling Street, all of which will be located on two small
parcels which form a part of the Denning Property; and
WHEREAS, the City wishes to acquire these parcels from the Dennings; and
WHEREAS, the City owns a strip of property between the two parcels of real
property comprising the Denning Property; and
WHEREAS, the Dennings wish to acquire that property from the City; and
WHEREAS, the City has caused to be prepared legal descriptions of the parcels of
property which it desires to acquire from the Dennings, which descriptions are anached
hereto as Exhibits Band C, and
WHEREAS, the City has caused to be prepared and anached hereto as Exhibit D a
legal description of the property which it will convey to the Dennings; and
WHEREAS, the Parties desire to set forth their understanding of the total agreement
conceming the transfers of the above-described real property.
NOW, THEREFORE, in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is acknowledged and confessed, the Parties
agree as follows:
1. On or before May 15, 1999, the Dennings shall convey unto the City the real
property described on Exhibit B and Exhibit C Said conveyance shall be by Warranty
Deed, The Dennings will not provide the City with title insurance, provided, however, the
qty may conduct its own title investigation and shall notify Dennings in writing of any title
objections prior to May 1, 1999. Dennings shall have until May 10, 1999, to either
(i) provide evidence satisfactory to the City that said objections have been cleared or
(ii) refuse to clear such objections. The City shall have until May 14, 1999, to either
accept the Dennings' response and proceed to closing, or terminate this Agreement.
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2 On or before May 15, 1999, the City shall convey to the Dennings that
parcel of property, the legal description of which is set forth on Exhibit D Said
conveyance shall be by Warranty Deed The City will not provide the Dennings with title
insurance, provided, however, the Dennings may conduct their own title investigation and
shall notify City in writing of any title objections prior to May 1, 1999 City shall have
until May 10, 1999, to either Ii} provide evidence satisfactory to the Dennings that said
objections have been cleared or (ii) refuse to clear such objections. The Dennings shall
have until May 14, 199~0 either accept the City' response and proceed to closing, or
terminate this Agreement he Warranty Deed required by this Paragraph 2 shall include a
reservation of easement 0 the benefit of the City for public pedestrian, bicycle, and
equestrian purposes, and necessary improvements and maintenance to facilitate such uses
(but not to include motorized vehicles except for the purpose of repair or maintenance of
such easement). The easement shall automatically expire, by its terms, upon issuance of a
building permit or permits for construction or development of the Denning Property.
3. As consideration for the conveyance of real property described in
paragraph 1 above and the development of the right-of-way of West 39th Avenue and the
lane along the west side of Kipling Street, the City shall'
A. Convey property to the Dennings as described in Paragraph 2.
B. Pay unto the Dennings the sum of $3,000.00 upon receipt of the
Warranty Deed described at Paragraph 1.
C. Waive the park development fees which would otherwise be payable
by the owners or developers of the Denning Property at the time of
development of that property
D At the time of the construction of West 39'" Avenue, provide for the
extension of an 8 inch diameter water main into the Denning Property
(at the location of West 39'" Avenue) The water main shall be
extended within the Denning Property boundary a minimum distance
of 10'. The City shall not be responsible for payment of tap fees.
The tap fees for actual usage of the water shall be paid by the actual
user of the water at the time of tapping into the Consolidated Mutual
Water supply line.
4. The Dennings acknowledge the obligation as a condition of issuance of a
building permit or permits for construction or development of the Denning Property, the
then-owner of the Denning Property will reimburse the City 25% of the actual cost of the
Improvements which are to be constructed by the City consisting of the new traffic lane
along the west side of Kipling Street, and that part of 39'" Avenue lying south of Lena
Gulch and west of Kipling Street, all to be constructed upon the property described at
~xhibits Band C, along with other costs directly related thereto and including the cost of a
four-way traffic signal at West 39'" Avenue and Kipling Street. It is estimated that the
cost of such improvements (in 1999 dollars) is approximately $151,152,00, thus the
reimbursement costs will be approximately $37,28800.
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5. At the time of issuance of a building permit or permits for construction or
development of the Denning Property, the then-owners of the Denning Property shall
dedicate to the City a strip of property 15' in width which shall be located parallel to the
Lena Gulch channel for the entire distance of Lena Gulch as it traverses the northern
portion of the Denning Property and which shall be for purposes of constructing a public
trail along Lena Gulch.
6. This Agreement shall not be effective until the execution and recordation of
a copy of this Agreement in the records of the Jefferson County Clerk and Recorder The
benefits to and burdens upon the Denning Property created and imposed by Paragraphs 3,
4, and 5 hereof constitute covenants running with the Denning Property The Dennings
hereby declare that such benefits and burdens shall pass with and benefit and burden each
and every tract, lot, and parcel of land within and which is a part of the Denning Property,
and shall apply to and be binding upon the heirs, successors in interest and assigns of the
Dennings and any owner hereafter of said tracts, lots and parcels, and shall run with the
land at law and in equity.
7. It is the intention of the Dennings that any and all interests in real property
created by this Agreement must vest, if at all, not later than twenty-one (21) years after
the death of the last to die of the following group of persons, all of whom are alive as of
the date of execution of this Agreement: Frank D Denning and Lisa M. Denning
8. This Agreement shall not be effective unless and until the Wheat Ridge City
Council adopts an ordinance, in accordance with Wheat Ridge Charter Section 16 5
approving the conveyance of the property described on Exhibit D
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates
set forth below.
Lisa M. Denning
Frank D. Denning
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STATE OF COLORADO
ss.
County of
Subscribed and sworn to before me this _ day of
Lisa M. Denning and Frank D Denning.
, 1999, by
WITNESS MY HAND AND OFFICIAL SEAL.
My commission expires'
NOTARY PUBLIC
The City of Wheat Ridge, a Colorado Municipal Corporation, has authorized the
execution of this Agreement by its' duly appointment representative.
CITY OF WHEAT RIDGE,
a Colorado Municipal Corporation
By'
Gretchen Cerveny, Mayor
ATTEST'
Wanda Sang, City Clerk
Approved as to Form:
Gerald E. Dahl, City Attorney
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RECREATION
PROPERTY
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39th Avenue
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EXHIBIT C
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to City
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AMOCO PROPERTY
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38TH AVENUE
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EXHIBIT 2
Legal Description
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Legal Description of Parcel to be Conveyed to Dennings
A tract of land lying in the SE Y. of Section 21, township 3 South, Range 69 West
of the 6th Principal Meridian, County of Jefferson, State of Colorado, described as
follows.
Commencing at the Southeast corner of the West 'h of the East 'h of the Southeast Y.
of the Southeast Y. of said section 21;
Thence Northerly 30 feet along the East line of the said West Yz to the True Point of
Beginning Said point lying on the North Right of Way line of West 38th Avenue. Thence
Northerly along the East line of the said West Yz a distance of 296.4 feet. Thence on a
deflection left 99030', a distance of 2028 feet. To a point which lies 20 feet west of the
East line of the said West Yz. Thence Southerly parallel to the said East line of the West
Yz a distance of 293 0 feet more or less to a point on the Northerly Right of Way line of
West 38th Avenue. Thence Easterly a distance of 20 feet along the said Northerly Right
of Way line of West 38th Avenue to the True Point of Beginning
Said Tract contains 5,894 square feet more or less
Section 5. SupersessIon Clause, If any provlslon, reqUIrement or standard establIshed by
thIs Ordinance is found to conflIct WIth simIlar provisIOns, reqUIrements or standards found
elsewhere in the Code of Laws of the CIty of Wheat Ridge, whIch are in eXIstence as of the date
of adoptIOn of this Ordinance. the provIsIons, reqUirements and standards herein shall supersede
and preVaIl
Section 6. ThIS Ordmanee shall take effect upon final passage
INTRODUCED, READ, AND ADOPTED on first readmg by a vote of ~ to--.-L
on thIS 25th day of January. 1999, ordered published in full in a newspaper of general
cireulation 111 the City of Wheat Ridge and Public Hearing and conSIderation on final passage set
for Fphr\l"ry 27 , 1999, at 7'00 o'clock p.m.. m the CouncIl Chambers, 7500 West 29th
A venue, Wheat RIdge, Colorado
READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a
vote of ---1- to ~,thlS 22nd day of February . 1999
SIGNED by the Mayor on thIS 23nddayof February . 1999
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TCHEN CERV NY, MA ~
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, ~1P:! .. ." >,,--,
Wanda Sang,City Cler~
RECEPTION NO. F0813180
ATTEST,
:
EY
1st PublicatIOn, January 29, 1999
2nd PubhcatIon. February 26, 1999
Wheat RIdge Transcript
EffectIve Date February 22, 1999
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