HomeMy WebLinkAboutResolution-1999-0059
RESOLUTION # 59
SERIES OF 1999
TITLE:
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO
SIGN THE INDEMNIFICA nON AND HOLD HARMLESS AGREEMENT
BETWEEN THE CITY OF WHEAT RIDGE AND JEFFERSON COUNTY
FOR THE JOHNSON PROPERTY.
WHEREAS, Jefferson County Open Space has acquired the rear 0.28 acres of the Johnson
Property located at 4505 Everett Drive for open space purposes, and
WHEREAS, The CIty of Wheat Ridge desIres the property be transferred to the CIty; and
WHEREAS, Jefferson County has requested the IndemnificatIOn and Hold Harmless Agreement
be executed pnor to transfer of the property; and
NOW THEREFORE BE IT RESOLVED BY THE CITY OF WHEAT RIDGE CITY COUNCIL
THAT;
1) The Mayor and City Clerk be authonzed to sign the IndemmficatIOn and Hold Harmless
Agreement for the Johnson Property located on the rear of 4505 Everett Drive.
DONE AND RESOLVED THIS 11 th
day of October, 1999
( \t : ! l ~'. _ " ".. ~ /
Gr.el:chen Cerveny, Mayor
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ATTEST'
Wanda Sang, City Clerk
INDEMNIFICA TION AND HOLD HARMLESS
THIS INDEMNIFICATION AND HOLD HARMLESS, dated ~-=~ ~'fl Iq,erl"
IS granted by the CITY OF WHEAT RIDGE, a municipal corporatIOn (the "City"), for the
benefit of the COUNTY OF JEFFERSON, STATE OF COLORADO, a body polItIC and
corporate (the "County")
WHEREAS, by that deed recorded on September 16 . 1999 at
ReceptIOn No F0945038 , the County has conveyed to the CIty the property
described 10 ExhibIt A attached hereto and incorporated by reference (the "Property"), and
WHEREAS, as a conditIon of the conveyance of the Property, the County has requested,
and the City has agreed to prOVIde, the wlth10 1Odemnification and hold ham1less.
NOW, THEREFORE, for good and valuable consideration, the receIpt and sufficiency of
whIch is hereby acknowledged, Ihe City states as follows
1 As used herein, the term "Hazardous Materials" means flammable or explOSive matenals,
petroleum or petroleum products, oil, crude OIl, methane gas or synthetic gas usable for fuel,
radIOactive matenals, asbestos or any hazardous, Ioxic or dangerous substances, materials or
'Wastes which are regulated under any applicable county, mumcipal, state or federal law, rule,
ord1Oance, direction, or regulatIOns as may be amended from tIme to tIme
2. Within the lWlltatIOns imposed by the Colorado ConstitutIOn and statutes, the City, by and
through the undersigned, does hereby release, waive, discharge, 10demnify and hold harmless
the County and its officers, agents, employees, successors and assIgns, from and against any
actual or alleged 1Ojury, damage, or loss to the County rclatmg to or arising from Ihe use or
presence, commenclDg from the date hereof, of Hazardous Materials on the Property,
includ1Og, without lImitation, all (1) civil, legal and admimstrative costs, (2) fines and
penallles; (3) response, remedial, and clean-up costs, and (4) attorneys' and consultants' fees,
whIch may be Incurred by the County
ATTEST'
B
:-'l:\ATTOR."l:l',CO~I\I_RES\urr::"';f"\(',h,-Llhnwn Whc':J[ RHJ~c' indcmnilic.lllUI1 d",;
ST ATE OF COLORADO )
) 55
COUNTY OF JEFFERSON )
The foregomg INDEMNIFICATION AND HOLD HARMLESS was acknowledged
before me thIS J.5 day of (I ct&l-<.~ , 1999, by Gretchen Cerveny as Mayor of the City
of Wheat Ridge, a muniCIpal corporatIOn
MADONNA M. WYMAN
NOTARY PUBLIC
STATE OF COLORADO
My Commission Expires Jan. 24, 2001
WITNESS my hand and official seal.
My CommISSIOn expires Q / - .:24--D I
nuvt ~rLYV--' ?rL d1t~
(J
Notary Public
~I \.\TrORSEY\CO\I.\l_RES\OPE:"JSP'\C\sl:.Vnhnson.WhcJI Rlug~ inJcnmili"::l.li\H'IU!lC
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lEGAL DESCRIPTION
A PORTION OF LAND LOCATED IN LOT 14 OF CRESTVIEW HEIGHTS. RECORDED IN PLAT BOOK
22 AT PAGE 7 OF THE JEFPERSON COUNTY RECORDS, AND TIlE NORTHEAST QUARTER OF
SECTION 22, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY
OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS.
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 22;
THENCE SOUTH 59 DEGREES 41 MINUTES 55 SECONDS WEST, 632.02 FEET TO TIlE POINT OF
BEGINNING;
TIlENCE SOUTH 16 DEGREES 42 MINUTES 18 SECONDS WEST. 69. 16 FEET TO THE
CENTERLINE OP CLEAR CREEK;
THENCE SOUTH 62 DEGREES 30 MINUTES 01 SECONDS WEST ALONG TIlE SAID CENTERLINE OF
CLEAR CREEK. 97.41 FEET TO A POINT ON THE EASTERLY LINE OF LOT 14 OF SAID
CRESTVIEW HEIGHTS;
THENCE CONTINUING SOUTH 62 DEGREES 30 MINUTES 01 SECONDS WEST ALONG SAID
CENTERLINE OF CLEAR CREEK. 65.38 FEET;
THENCE SOUTH 64 DEGREES 38 MINUTES 05 SECONDS WEST ALONG SAID CENTERLINE OF
CLEAR CREEK. 67.69 FEET TO A POINT ON THE COMMON LINE OF LOT 13 AND 14 OF SAID
CRESfVIEW HEIGHTS;
THENCE NORTH 35 DEGREES 03 MINUTES 10 SECONDS WEST ALONG SAID COMMON LINE. 58.4 I
FEET TO THE MOST NORTHWESTERLY CORNER OF LOT 14 OF SAID CRESTVIEW
HEIGHTS;
THENCE NORTH 68 DEGREES 20 MINUTES 46 SECONDS EAST ALONG THE NORTHERLY LINE OF
LOT 14 OF SAID CRESTV1EW HEIGHTS 79.99 FEET;
THENCE NORTIl 63 DEGREES 38 MINUTES 35 SECONDS EAST ALONG THE NORnIERL Y LINE OF
LOT 14 OF SAID CRESTVIEW HEIGHTS. 49.61 FEET TO THE MOST NORTIIEASTERL Y CORNER
OF LOT 14 OF SAID CRESTVIEW HEIGHTS;
THENCE NORTH 63 DEGREES 09 MINlITES 55 SECONDS EAST. 157.28 FEET TO nIE POINT OF
BEGINNING.
EXHIBIT
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