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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. GED\53027\31210501 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 Severabilitv: Conflictinq Ordinances Repealed.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 All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.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 GED\53027\312105,Ol -2- GED\53027\312105 01 EXHIBIT 1 Agreement for Exchange of Real Property 84/87/99 11:35:59 GO ~H I<IRGIS-) 383 234 5924 htFAX Page 882 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. GEO\S3027\31092704 84/87/99 11:3&:28 GOHSUl ;IHGIS-) 383 234 5924 His iX Page 883 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. GE0\53027\3 1 0927 04 -2- 84/87/99 11:37:82 GUT H KIRGIS-) 383 234 5924 '__ltFAX Pdge 884 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 GE0\53027\310927.04 -3- 84/87/99 11:37:25 GlJRSUl .IRGIS-} 383 234 5924 Rig iX Page 8B5 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 aED\~3027\310927 ,04 -4- RECREATION PROPERTY (J ~ / CENTER / / proted 39th Avenue .I .I / ; ; / ; ; -; EXHIBIT C -------- " I I r )' Denning owned land to City / AMOCO PROPERTY - -- -- -- -- -- -- - 38TH AVENUE I I I I I I I I I I I I I --l'- I I I I I [ I I I I I I I I I I I I I EXHIBIT 2 Legal Description GED\53027\31 21 05,01 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 ~- ~ Ct kL< .~ TCHEN CERV NY, MA ~ '\. - 'it-, r J , ~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 A. \\..../990 1 smcthillds_wpd