HomeMy WebLinkAboutOrdinance-1999-1161
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER Shaver
COUNCIL BILL NO. 15
ORDINANCE NO. 1161
TITLE:
SERIES OF 1999
AN ORDINANCE APPROVING AN AMENDED AGREEMENT IN
CONNECTION WITH THE CONSTRUCTION OF THE 3911I AND
KIPLING ACCESS TO THE WHEAT RIDGE RECREATION
CENTER WITH THE DENNING FAMILY.
WHEREAS, the CIty of Wheat Ridge City CounCIl has adopted Ordmance No 1154 Senes
1999 whIch approved an agreement for the exchange of real property m connectIon WIth the Wheat
RIdge recreatIOn Center, and
WHEREAS, the CIty of Wheat Ridge and the Denmng FamIly have contll1ued to negotIate
to complete the agreement, and
WHEREAS, the Denmng Family desires to delete the temporary easement on the property
be1l1g dIsposed of by the CIty
WHEREAS, the CIty of Wheat Ridge WIshes to enter mto the amended agreement described
III ExhibIt I, and
WHEREAS, the Charter requires that an ordinance be amended by an ordmance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO
SECTION 1.
SECTION 2.
SECTION 3.
The Amended Agreement attached hereto as ExhibIt I IS hereby
approved, and that portIOn of Ordinance No. 1154, Senes 1999 IS
hereby amended to refer to the amended agreement attached hereto
Safetv Clause. The CIty Council hereby finds, determines, and
declares that thIS Ord1l1ance 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 Ordll1ance IS
neeessary for the preservation of health and safety and for the
protectIOn of publIc convenience and welfare The CIty Couneil
further determ1l1es that the Ordmanee bears a rational relation to the
proper legislatIve obJect sought to be attained.
SeverabIlIty. Conflicting Ordll1ances Repealed. If any seetlOn,
subsection or clause of thIS ordmance shall be deemed to be
unconstItutional or otherWIse invalId, the valIdIty of the rema1l11l1g
sections, subsectIOns and clauses shall not be affected thereby All
other ordinances or parts of the ordmances III conflict with the
proviSIOns of thIS ordll1ance are hereby repealed.
SECTlO~'
EffectIve Date, This Ordinarhall take eftect one day after
final passage, as provided by ~ctIon 5 I 1 of the Charter
INTRODUCED. READ, AND ADOPTED on first readmg by a vote of 5 To 1
On thIS 14th day of June, 1999, ordered published 111 fullm a newspaper of general circulatIOn m the
City of Wheat RIdge and Publie Hearing and Consideration on final passage set for June 28,1999 at
7"00 P.M , m the Council Chambers, 7500 West 29\h Avenue, Wheat Ridge, Colorado
READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a vote
of.---L To~, tl11S 28 day of June, 1999
SIGNED by the Mayor on thIS
1st Publication' June 18, 1999
2nd Publication: July 2, 1999
Wheat Ridge Transcript
Effective Date: June 29, 1999
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AGREEMENT
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THIS AGREEMENT ;s 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".
WITNESSETH
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WHEREAS, the Dennings are the owners of two parcels of real property which are
generally located at the northwest corner of West 38th Avenue and Kipling Street, and
lying south of Lena Gulch (hereinafter collectively the "Denning Property"), more
particularly described on Exhibit A attached hereto and fully incorporated herein by this
reference, and
WHEREAS, the City desires to construct a portion of West 39th 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 attached
hereto as Exhibits Band C; and
WHEREAS, the City has caused to be prepared and attached 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
concerning the tiansfeis of the abo'v"e-describad 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 July 10, 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
City may conduct its own title investigation and shall notify Dennings in writing of any title
objections prior to June 1, 1999 Dennings shall have until June 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 June 14, 1999, to either
accept the Dennings' response and proceed to closing, or terminate this Agreement
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2. On or before July 10, 1999, the City shall convey to the Dennings that parcel of
property, the legal description of which is set forth on Exhibit 0, 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 June 1, 1999. City shall have until June 10, 1999,
to either (i) provide evidence satisfactory to the Dennings that said objections have been
cleared or (ii) refuse to clear such objections. The Dennings shall have until June 14,
1999, to either accept the City's response and proceed to closing, or terminate this
Agreement
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3 As consideration for the conveyance of real property described in paragraph 1
above and the development of the right-of-way of West 39'" 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 39th 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
Exhibits Band C, along with other costs directly related thereto and including the cost of a
four-way traffic signal at West 39th 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 $37,288 00
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
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portion of the Denning Property and which shall be for purposes of constructing a public
trail along Lena Gulch.
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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, Icts 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
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STATE OF COLORADO
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County of Jefferson
Subscribed and sworn to before me this 28th day of June
Lisa M Denning and Frank D. Denning.
, 1999, by
WITNESS MY HAND AND OFFICIAL SEAL.
Mv"liftIoomission expires:
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The City of Wheat Ridge, a Colorado Municipal Corporation, has authorized the
execution of this Agreement by its' duly appointment representative
ATTEST'
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Wanda Sang, City Clerk
Approved as to Form
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CITY OF WHEAT RIDGE,
a Colorado Municipal Corporation
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retchen Cerveny,
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Page 886
EXHIBIT A
Legal Description of Denning Property
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RECEP"YJON ~lO. U6016'13~
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That part of the El,EJ);E~SE~ of Section 21, Township 3 South, Range 69
West, Described as follows Beginning at the Southeast corner of said Section,
runlling thence North along East line of said Section 762 feet to a point; running
thence in Southwesterly direction in a straight line to a r-oi~t on West line of
said EJ~E)...;-SE~.iSU.i of said Section. In'hieh paint ~s 600 feet rlorth cf South line of
said Section; running thence along West line of said EI,EJ);E"SE" to South line of
said Section; runnin9 thence East along South line of said Section to place of
beginning; together with all water and ditch, reservoir rights inc uding an un-
divided 2/5 interest in Schroeder Ditch and all interest in Ar.panoe Creek, to-
geth,=r with all imp\'ovef1lerts sitUate thereon. Except that portion de€ced to
Standard Oil Company, a corporation organized under the laws of indiana, recorded
in Book 1026, Page l6D, of the records of Jefferson County, and except that portion
deoned to The American Oil Company, a corporation duly organized under the laws
of the State of Ma:'yland, recorded in Book 2024, Page 347, of the records of
JEfferson County, and except right of way for West 38th Avenue, and right of way
for Kipling Street which have previously been granted to the County of Jefferson,
>tate of Colorado
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EXlIIBIT "A"
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EXHIBIT B
LEGAL DESCRIPTION OF PARCEL TO BE CONVEYED TO CITY
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LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 21,
TOWNSHIP 3 SOUTH, RANGE 69 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, IN
JEFFERSON COUNTY, STATE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHEAST CORNER OF SECTION 21, THENCE NOoo04'58"W
ALONG THE EASTERLY LINE OF SAID SOUTHEAST QUARTER OF SECTION 21 A
DISTANCE OF 560 15 FEET, THENCE DEPARTING SAID EASTERLY LINE S89055'02"W A
DISTANCE OF 50 00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF
KIPLING STREET AS RECORDED IN BOOK 2146 AT PAGE 434, SAID POINT BEING THE
TRUE POINT OF BEGINNING, THENCE ALONG SAID RIGHT-OF-WAY LINE THE
FOLLOWING THREE (3) CONSECUTIVE COURSES; 1) SOO.04'58"E A DISTANCE OF 10576
FEET, 2) THENCE N89012'49"E A DISTANCE OF 5 00 FEET, 3) THENCE S00004'48"E A
DISTANCE OF 209 97 FEET TO THE NORTHEAST CORNER OF CONSOLIDATION PLAT
AMOCO STATION NO 5215, THENCE S89012'49"W ALONG THE NORTHERLY LINE OF
SAID CONSOLIDATION PLAT AMOCO STATION NO 5215 A DISTANCE OF 1000 FEET,
THENCE DEPARTING SAID NORTHERLY LINE N00004'58"W, ALONG A LINE THAT IS
55 00 FEET WESTERLY OF AND PARALLEL TO SAID EASTERLY SECTION LINE, A
DISTANCE OF 315 80 FEET, THENCE N89055'02"E A DISTANCE OF 5 00 FEET TO THE
TRUE POINT OF BEGINNING
SAID PARCEL CONTAINS 2629 SQUARE FEET, MORE OR LESS
BASIS OF BEARINGS
BEARINGS ARE BASED ON AN ASSUMED BEARING OF NOoo04'58"W ALONG THE EAST
LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21,
AS MONUMENTED BY A 3 y." ALUMINUM CAP IN RANGE BOX PLS NO 13212 AT THE
SOUTHEAST CORNER AND A
2 Y2" ALUMINUM CAP IN RANGE BOX PLS NO 27278 AT THE NORTHEAST CORNER OF
THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21
PREPARED BY SCOTT A. AREHART II I 1ll{itf}Ii/!!
REVIEWED BY RICHARD A. NOBBE PLS # 23899 RE€fl;;" z
FOR AND ON THE BEHALF OF . ....... <: <<:~
MARTIN/MARTIN, INC .~~;'''I:' A. No~.. <::) %
4251 KIPLING STREET :!j <<'\ 0:: ~
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WHEAT RIDGE, COLORADO 80033 ~ ~ ~ (Cff : t:;:;
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EXHIBIT C
lEGAL DESCRIPTION OF PARCEL TO BE CONVEYED TO CITY
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LEGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST
QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH
PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS'
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21, THENCE
NOO 04'58"W A DISTANCE OF 662.50 FEET, THENCE S89 55'02"W A DISTANCE OF 50 00
FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF KIPLING STREET, SAID POINT
BEING THE TRUE POINT OF BEGINNING, THENCE SOO 04'58"E ALONG SAID WESTERLY
RIGHT-OF-WAY LINE A DISTANCE OF 102.35 FEET, THENCE DEPARTING SAID RIGHT-
OF-WAY LINE S89 55'02"W A DISTANCE OF 5 00 FEET, THENCE 44 98 FEET ALONG THE
ARC OF A NON-TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 22.00 FEET, A
CENTRAL ANGLE OF 11709'23" AND A CHORD WHICH BEARS N58 39'40"W A DISTANCE
OF 37 55 FEET TO A POINT OF COMPOUND CURVATURE, THENCE 36 99 FEET ALONG
THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 11700 FEET, A CENTRAL
ANGLE OF 1806'58" AND A CHORD WHICH BEARS S53 42'10"W A DISTANCE OF 36 84
FEET, THENCE S44 38'41"W A DISTANCE OF 3176 FEET, THENCE N45 21'19"W A
DISTANCE OF 55 10 FEET; THENCE ALONG THE SOUTHERLY LINE OF A PARCEL OF
LAND DESCRIBED IN RECEPTION NO 80035262 THE FOLLOWING 2 COURSES, 1)
N47 55'02"E A DISTANCE OF 27 01 FEET, 2) THENCE N56 55'02"E A DISTANCE OF 12900
FEET TO THE TRUE POINT OF BEGINNING
SAID PARCEL CONTAINS 7359 SQUARE FEET OR 0169 ACRES MORE OR LESS
BEARINGS ARE BASED ON AN ASSUMED BEARING OF NOO 04'58"W ALONG THE EAST
LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21,
AS MONUMENTED BY A 31f4" ALUMINUM CAP IN RANGE BOX PLS NO 13212 AT THE
SOUTHEAST CORNER AND A 2 "ALUMINUM CAP IN RANGE BOX AT THE NORTH EAST
CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
21
PREPARED BY RICHARD A. NOBBE PLS # 23899
FOR AND ON BEHALF OF
MARTIN/MARTIN ENG
4251 KIPLING ST.
WHEAT RIDGE, CO 80033
(303) 431-6100
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Exhibit "0"
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A tract of land lying in the SE % 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 % of the East % of the Southeast %
of the Southeast % of said section 21,
Thence Northerly 30 feet along the East line of the said West Y:. to the True Point of
Beginning Said Doint lying on the North Right of W8Y line of West 38th <\vcnu3 Thence
Northerly along the East line of the said West % a distance of 2964 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 %. Thence Southerly parallel to the said East line of the West
% 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
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