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Home My WebLink AboutOrdinance-2002-1250 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER MANCINELLI Council Bill No. 10-2002 Ordinance No, 1250 Series of 2002 TITLE: AN ORDINANCE APPROVING THE SALE OF CITY-OWNED PROPERTY LOCATED NEAR THE INTERSECTION OF 38TH AVENUE AND SHERIDAN BOULEVARD WHEREAS, the City owns certain property within the City near the intersection of 38th Avenue and Sheridan Boulevard, which property is located in the south east corner of the existing parking lot of the Ridge Shopping Center ("Property"); and WHEREAS, the Property is currently leased to the owner of the Ridge Shopping Center, 38th & Sheridan L TO, Partnership ("Partnership"), and used for parking purposes; and WHEREAS, the Partnership has asked the City to convey the Property to the Partnership to facilitate the securing of financing for and construction of a gas station located partially on the Property; and WHEREAS, Section 16.5 of the Charter authorizes disposal of City-owned real property by ordinance approved by three-fourths of the entire City Council; and WHEREAS, the Council finds and determines that sales of gas and other items at a gas station located partially on the Property will generate safes tax revenue for the City of Wheat Ridge; and WHEREAS, the Council wishes to approve the sale of the Property to the Partnership for the use of the Property as a gelS station, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Sale of Property approved. The City Council hereby approves the sale of the City-owned real property located near the intersection of 38th Avenue and Sheridan Avenue within the City of Wheat Ridge and currently leased to the 38th & Sheridan L TO Partnership, to the 38th & Sheridan L TO Partnership, for the purchase price of ten dollars ($10.00), subject to the terms and conditions set forth in this Ordinance and in the Special Warranty Deed, attached hereto as Exhibit 1 and incorporated by this reference CN8\53027\402834.01 1 f I \ Section 2. Survey ordered. The 38th & Sheridan L TD Partnership, the proposed grantee, shall obtain, at its own cost, an accurate legal description of the property to be conveyed by Exhibit 1, prepared by a surveyor certified by the state of Colorado. Exhibit 1 shall not be executed by the City unless and until such legal description has been provided by the Partnership and approved by the City Attorney Section 3. The City Council hereby authorizes and directs the Mayor and City Clerk to execute Exhibit 1, after a legal description has been provided by the Partnership and approved by the City Attorney pursuant to Section 2 of this Ordinance 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. Severability: 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 6. Effective Date This Ordinance shall take effect upon adoption, as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 11th day of March, 2002, 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 March 25, 2002, 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 6 to 0 ,this 25th day of March , 2002 SIGNED by the Mayor on this 2nd day of April ,2002. CNB\53027\402834.01 2 ~ "'-"""">;':: ,,"C-.... ......., ""', \ " A TTEST1 / 01?u~A"~ - / Wanda Sang, City ClerK~ ~ ';,l~~r~ ~~ fJcDl! Gerald E. Dahl, City Attorney First Publication March 14, 2002 Second Publication. April 4. 2002 Wheat Ridge Transcript: Effective Date March 25, 2002 CNB\53027\402834 01 3 EXHIBIT 1: FORM OF DEED SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED IS made and given this day of , 2002, by THE CITY OF WHEAT RIDGE, COLORADO, a Colorado municipal corporation whose address is 7500 W. 29th Avenue, Wheat Ridge, Colorado 80215 ("Grantor"), to 38TH & SHERIDAN, LTD., a partnership organized and existing under and by virtue of the laws of the State of Colorado, whose address is 6500 South Quebec, Suite 300, Englewood, Colorado, 80111 ("Grantee") WITNESSETH, that Grantor for and in consideration of Ten Dollars ($1 O.OO) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Grantee, its successors and assigns forever, that real property, together with any improvements thereon, situate in the City of Wheat Ridge, County of Jefferson, State of Colorado, more particularly described on Exhibit A, attached hereto and incorporated herein by reference (the "Property"), and warrants title to the same against all persons claiming under the Grantor, subject to any and all easements, liens, encumbrances, and any other matters of record. TOGETHER WITH all and singular the hereditaments and appurtenances thereto belonging or anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of Grantor, either in law or equity, of, in and to the Property; SUBJECT TO all taxes and assessments, reservations, easements, rights of way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may appear of record and all matters which an accurate survey of the Property or a physical inspection of the Property would disclose TO HAVE AND TO HOLD the Property unto Grantee, its respective successors and assigns forever, subject to the matters herein stated; and Grantor does hereby bind itself and its successors and assigns to WARRANT AND DEFEND all and singular the Property in the quiet and peaceable possession of Grantee, its successors and assigns, against every person lawfully claiming by, through, or under Grantor, but not otherwise; provided, that this conveyance and the warranty of Grantor herein contained are expressly limited to the covenants stated herein and exclude all covenants arising or to arise by statutory or other implication PROVIDED, HOWEVER that title to the Property shall revert to Grantor, and this deed shall be null and void, upon the happening of any of the following events (1) the City of Wheat Ridge disapproves a special use permit application to locate CNB\53027\402766 02 and operate a motor fueling station on the Property; (2) a special use permit Issued by the City of Wheat Ridge to locate and operate a motor fueling station on the Property is revoked; (3) the Property is primarily used for a purpose other than as a motor fueling station; or (4) in the event Kroeger Foods (King Soopers) ceases to maintain its 24 hour per day retail grocery operation, with no less than 60,000 square feet devoted to the same, on the Property at any time prior to January 1, 2022, for any reason, excepting only closures of less than three (3) months duration for reconstruction, remodeling, national holidays, or changes in store hours which are no different than the majority of Kroeger Foods retail grocery stores in the Denver metropolitan area. It is the intention of Grantor that any and all of Grantor's reversionary interests in the Property created by this Deed must vest, if at all, not later than fifty (50) years after the date of execution of this Deed. IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed on the day and year first written above THE CITY OF WHEAT RIDGE, COLORADO il..( Wanda Sang, City- lerk ? / CNB\53027\402766.02 2 EXHIBIT A Legal Description [Attached] CNB\53027\40276602