HomeMy WebLinkAboutOrdinance 2012-1529CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER JAY
Council Bill No. 28
Ordinance No. 1529-
Series of 2012
TITLE: AN ORDINANCE APPROVING THE VACATION OF
SIDEWALK AND STREETSCAPE EASEMENTS ADJACENT
TO 5995 WEST 38TH AVENUE
WHEREAS, the City of Wheat Ridge ("City") possesses sidewalk and
streetscape easements along 381h Avenue and Harlan Street at 5995 West 381h Avenue,
more particularly described on Exhibit A , Exhibit Band Exhibit C attached hereto and
fully incorporated herein by this reference ; and
WHEREAS, the City has accepted a Warranty Deed for street right-of-way along
38th Avenue and Harlan Street adjacent to 5995 West 38 1h Avenue ; and
WHEREAS, the existing sidewalk and streetscape easements are now
redundant; and
WHEREAS, the City wishes to vacate the sidewalk and streetscape easements
at 5995 West 38 th Avenue ; and
WHEREAS, vacation of the easements will further the public health, safety and
welfare of the City ; and
WHEREAS, Section 16.5 of the Home Rule Charter authorizes disposal of City-
owned real property by ord i nance when approved by three-fourths of the entire City
Council; and
WHEREAS, Section 16.5 of the Charter does not require monetary consideration
in connection with such easement vacations .
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO :
Section 1. Easement vacations approved. The City Council hereby
approves the vacation of the sidewalk and streetscape easements described on
the attached Exhibit A , Exhibit B and Exhibit C .
Section 2. 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 relat ion to the
proper legislative object sought to be attained .
1
Section 3. 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 26th day of November, 2012, ordered it published with Public Hearing and
consideration on final passage set for Monday, December 10, 2012, at 7:00p.m., in
the Council Chambers , 7500 West 29th Avenue, Wheat Ridge , Colorado, and it take
effect upon adoption.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 7 to o , this lOth day of Decet'lber , 2012.
SIGNED by the Mayor on this 12th day of __ n _ec_e_n _be_r _____ , 2012.
ATTEST:
rJJ:Jl~
Gerald E . Dahl, City Attorney
First Publication: November 29, 2012
Second Publication : Decet!lber 13, 2012
Wheat Ridge Transcript: --------
Effective Date: December 10 , 2012
2
EXHIBIT A
PERMANENT STREETSCAPE EASEMENT VACATION
PARCEL DESCRIPTION
A PARCEL OF LAND AS DESCRIBED IN THE DOCUMENT RECORDED AT RECEPTION No.
F1332966 OF THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF LOT 1, CARTER MINOR SUBDIVISION , RECORDED AT RECEPTION No. F0859511
OF SAID CLERK AND RECORDER'S OFFICE, SITUATED IN THE SOUTHEAST Y. OF SECTION 24 ,
TOWNSHIP 3 SOUTH , RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
JEFFERSON, STATE OF COLORADO:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 24 ; THENCE
SOUTH 89°59'57" EAST, ALONG THE SOUTH LINE OF SAID SOUTHEAST Y. OF SECTION 24, A
DISTANCE OF 169.85 FEET: THENCE NORTH 00"00'03" EAST A DISTANCE OF 30.00 FEET TO THE
NORTHERLY RIGHT -OF-WAY LINE OF WEST 36" AVENUE AND THE MOST SOUTH, EAST
CORNER OF SAID LOT 1, SAID POINT BEING THE POINT OF BEGINNING;
THENCE ALONG THE SOUTHERLY AND WESTERLY LINES OF SAID LOT 1 THE FOLLOWING
THREE (3) COURSES.
1. NORTH 89"59'57" WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE. A DISTANCE OF
125.00 FEET TO A POINT OF CURVE;
2. CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, ALONG THE ARC OF SAID
CURVE TO THE RIGHT, HAVING RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90"16'34",
AND AN ARC LENGTH OF 23.64 FEET (CHORD BEARS NORTH 45°08'23" WEST,
21 .26 FEET) TO THE EASTERLY RIGHT-OF-WAY LINE OF HARLAN STREET;
3 . THENCE NORTH 00°16'48" WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 26.00 FEET, FROM WHENCE THE CENTER OF SAID SECTION 24 BEARS
NORTH 00.57'00" WEST, 2566 42 FEET;
THENCE SOUTH 89.59'57" EAST A DISTANCE OF 13.69 FEET;
THENCE SOUTH 00"45'59" EAST A DISTANCE OF 19.00 FEET:
THENCE SOUTH 44 °48'57" EAST A DISTANCE OF 7 05 FEET;
THENCE SOUTH 89"59'57• EAST, PARALLEL WITH AND 17.00 FEET NORTHERLY OF, WHEN
MEASURED PERPENDICULAR TO, SAID SOUTH LINE OF LOT 1 AND SAID NORTHERLY
RIGHT -OF-WAY LINE, A DISTANCE OF 121 .00 FEET TO THE EAST UNE OF SAID LOT 1;
THENCE SOUTH 00°16'48" EAST. ALONG SAID EAST LINE, A DISTANCE OF 17 00 FEET TO SAID
MOST SOUTH , EAST CORNER OF LOT 1 AND THE POINT OF BEGINNING.
CONTAINING 2680 SQUARE FEET (0.061 ACRES) MORE OR LESS.
lOF 3
EXHIBIT A
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE SOUTH LINE OF THE SOUTHEAST Y. OF
SECTION 24 , TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6111 PRINCIPAL MERIDIAN AS
BEARING SOUTH 89 "59'57" EAST. THE SOUTH 1/4 CORNER AND THE SOUTHEAST CORNER OF
SAID SECTION 24 ARE MONUMENTED BY A 3-1/4" BRASS CAP IN RANGE BOX, STAMPED:
"LS 132 12", WITH ALL BEARI NGS RELATIVE HEREON.
ALAN H. BAILEY, PLS
COLORADO PROFESSIONAL LAND SURVEYOR N o. 38035
FOR AND ON BEHALF OF:
BAILEY PROFESSIONAL SOLUTIONS, LLC
2 OF 3
:I
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E IBIT A
LOT 12 HAHN SUBDIVISION
LOT1
CARTER MINOR SUBDIVISION
RECORDED I N THE OFFI CE OF THE
CLERK AND RECORDER OF JEFFERSON COU NlY
ON MAY 4 , 1999 AT REC NO F0859511
I
tPROI'OSEO RIGHT-OF-WA Y
LOT3
LOT2
l ~ ... ·~~ '
I 26 .oo ·
I PERMANENT EASEMENT
(REC. No . F1332966)
t
R:15.00'
t.::90°1 6 '34"
l:23.64'
ChB N45°08'23''W
Chl:21.26'
W. 38th Ave.
S89"59'57"E (80' ROW)
169.85'
t==;ii~;rb;~~~~m--=~ S\.1 s 1 4 c24. -. s c •·
SOOTH H~ CORI'ER, SEC ~<4 . 1'35, T3S, RfStN, 6TH PM 1'35, R69W, 6TH PM
RSIW, 6TH PM S89"59'57"E 26<48.06' FOUN:> 3-114" BRASS CAP
FOJN:l 3-1 /4• BRASS CAP (BASIS OF BEARINGS) IN RAt«if BOX.
IN RANG£ BOX, STAMPED AS SHOIIIIN STAMPED AS SHOWN
THJS IS NOT A LAND SURVEY PLAT AND ONLY REPRESENTS TtiE ATTACHED PARCEL DESCRIPTION
SCALE : 1"=30'
PROJECT: HF-12-07
DRAWING FILE : EASEMENT VACATIONS
DATE : NOV 2, 2012
DRAWN: RJE
CHECKED: A HB
b BAI LEY
PROFESSIONAL
SOLUTIONS
BAILEY PROFESSIONAL SOLUTIONS, LLC
5737 SOUTH KENTON STREET ENGLEWOOD, CO 00111
303 5871672 BAILEYPROFESSIONALSOLUTIONS.COM
30F3
EXHIBIT 8
PERMANENT SIDEWALK EASEMENT VACATION
PARCEL DESCRIPTION
A PARCEL OF LAND AS DESCRIBED IN THE DOCUMENT RECORDED AT RECEPTION No.
91056581 OF THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF LOT 1, CARTER MINOR SUBDIVISION , RECORDED AT RECEPTION No. F0859511
OF SAID CLERK AND RECORDER 'S OFFICE, SITUATED IN THE SOUTHEAST Y. OF SECTION 24,
TOWNSHIP 3 SOUTH , RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
JEFFERSON, STATE OF COLORADO:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 24 ; THENCE
SOUTH 69"59'57" EAST, ALONG THE SOUTH LINE OF SAID SOUTHEAST Y. OF SECTION 24, A
DISTANCE OF 169.65 FEET: THENCE NORTH 00"00'03" EAST A DISTANCE OF 30 00 FEET TO THE
NORTHERLY RIGHT-OF-WAY LINE OF WEST 36111 AVENUE AND THE MOST SOUTH , EAST
CORNER OF SAID LOT 1 , SAID POINT BEING THE POINT OF BEGINNING;
THENCE ALONG THE SOUTHERLY AND WESTERLY LINES OF SAID LOT 1 THE FOLLOWING
THREE (3) COURSES:
1. NORTH 69 "59'57" WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE. A DISTANCE OF
125.00 FEET TO A POINT OF CURVE;
2 . CONTINUING ALONG SAID NORTHERLY RIGHT -OF-WAY LINE. ALONG THE ARC OF SAID
CURVE TO THE RIGHT, HAVING RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90 "16 '34~,
AND AN ARC LENGTH O F 23.64 FEET (CHORD BEARS NORTH 45"08'23" WEST,
21 .26 FEET) TO THE EASTERLY RIGHT-OF-WAY LINE OF HARLAN STREET;
3. THENCE NORTH 00"16'48" WEST, ALONG SAID EASTERLY RIGHT -OF-WAY LINE, A
DISTANCE OF 7 08 FEET, FROM WHENCE THE CENTER OF SAID SECTION 24 BEARS
NORTH 00"56'42" WEST. 2585.34 FEET.
THENCE SOUTH 67"02 '18" EAST A DISTANCE OF 38.65 FEET.
THENCE SOUTH 89"59'57" EAST. PARALLEL WITH AND 7.00 FEET NORTHERLY OF , WHEN
MEASURED PERPENDICULAR TO, SAID SOUTH LINE OF LOT 1 AND SAID NORTHERLY RIGHT-
OF-WAY LINE, A DISTANCE OF 104.49 FEET TO THE EAST LINE OF SAID LOT 1;
THENCE SOUTH 00 "16'48" EAST, ALONG SAID EAST LINE. A DISTANCE OF 7.00 FEET TO SAID
MOST SOUTH . EAST CORNER OF LOT 1 AND THE POINT OF BEGINNING.
CONTAINING 1200 SQUARE FEET (0.027 ACRES) MORE OR LESS
10F 3
EXHIBITS
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE SOUTH LINE OF THE SOUTHEAST Y. OF
SECTION 24, TOWNSHIP 3 SOUTH , RANGE 69 WEST OF THE 6 111 PRINCIPAL MERIDIAN AS
BEARING SOUTH 89°59'57" EAST. THE SOUTH 1/4 CORNER AND THE SOUTHEAST CORNER OF
SAID SECTION 24 ARE MONUMENTED BY A 3-1/4" BRASS CAP IN RANGE BOX, STAMPED:
"LS 13212", WITH ALL BEARINGS RELATIVE HEREON.
ALAN H . BAILEY, PLS
COLORADO PROFESSIONAL LAND SURVEYOR No. 38035
FOR AND ON BEHALF OF:
BAILEY PROFESSIONAL SOLUTIONS, LLC
2 OF3
N00"56'42"1N
2585.34'
TO CENTER
OF SEC24
EXHIBIT B
HAHN SUBDIVISION
LOT 1
CARTER MINOR SUBDIVISION
RECORDED IN THE OFFICE OF THE
CLERK AND RECORDER OF JEFFERSON COUNTY
ON MAY 4,1999ATREC. NO. F0859511
LOT3
LOT2
,,
tPROf'OSED AOGIIT-01'-WAV
~
~
PERMANENT EASEMENT
(REC No 91056581)
W. 38th Ave.
S~59'57"E (60' ROW)
169.85" --
SU • 1/4 EC24. -•.
SOUTH 11<4 CORtER. SEC 24, T3S , T3S, Rf!liM/, 6TH PM T3S, R69W, 8TH Pt.4
R69W, 6TH PM S89"59'5TE 2648.06" FOUOO 3-11<4' BAASS CN>
FOUN:> 3-1 /4" BRASS CN> (BASIS OF BEARINGS) IN RANGE BOX.,
IN RANGE BOX, STAMPEO 1<$ StiO'NII STAMPED AS SH~
THIS IS NOT A LAND SURVEY PLAT AND ONLY REPRESENTS THE ATTACHED PARCEL DESCRIPTION.
SCALE : 1"=30'
PROJECT: HF-12..07
DRAINING FILE: EASEMENT VACATIONS
DATE: NOV 2 , 2012
DRAVVN RJE
CHECKED: AHB
b BAILEY
PROFESSIONAL
SOLUTIONS
BAILEY PROFESSIONAL SOLUTIONS, UC
5737 SOUTH KENTON STREET ENGLEWOOD, CO 80111
303 587 1672 BAILEYPROFESSIONALSOLUTIONS.COM
3 OF3
EXHIBITC
PERMANENT SIDEWALK EASEMENT VACATION
PARCEL DESCRIPTION
A PARCEL OF LAND AS DESCRIBED IN THE DOCUMENT RECORDED AT RECEPTION No.
F1577001 OF THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF LOT 1, CARTER MINOR SUBDIVISION , RECORDED AT RECEPTION No. F0859511
OF SAID CLERK AND RECORDER'S OFFICE, SITUATED IN THE SOUTHEAST Y. OF SECTION 24,
TOWNSHIP 3 SOUTH , RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
JEFFERSON. STATE OF COLORADO:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 24 ; THENCE
NORTH 00°16'48" WEST, ALONG THE WEST LINE OF SAID SOUTHEAST Y. OF SECTION 24, A
DISTANCE OF 212.32 FEET; THENCE NORTH 89°43'12" EAST A DISTANCE OF 30.00 FEET TO THE
EASTERLY RIGHT -OF-WAY LINE OF WEST 38111 AVENUE AND THE MOST NORTH. WEST CORNER
OF SAID LOT 1, SAID POINT BEING THE POINT OF BEGINNING;
THENCE SOUTH 69°59'57" EAST, ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF
2.67 FEET;
THENCE SOUTH 00°1 1'48" EAST A DISTANCE OF 115.16 FEET,
THENCE NORTH 89"45'03" EAST A DISTANCE OF 3.00 FEET;
THENCE SOUTH 00°11 '50" WEST A DISTANCE OF 25 .05 FEET:
THENCE SOUTH 89°45 '03" WEST A DISTANCE OF 5.29 FEET TO THE WEST LINE OF SAID LOT 1
AND SAID EASTERLY RIGHT-OF-WAY UNE, FROM WHENCE THE CENTER OF SAID SECTION 24
BEARS NORTH 00°57'10" WEST, 2565.39 FEET:
THENCE NORTH 00°16'48" WEST, ALONG SAID WEST LINE AND SAID EASTERLY RIGHT -OF-WAY
LINE , A DISTANCE OF 140 22 FEET TO SAID MOST NORTH . WEST CORNER OF LOT 1 AND THE
POINT OF BEGINNING.
CONTAINING 433 SQUARE FEET (0.010 ACRES) MORE OR LESS .
1 OF 3
EXHIBITC
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE SOUTH LINE OF THE SOUTHEAST Y. OF
SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6111 PRINCIPAL MERIDIAN AS
BEARING SOUTH 89°59'57" EAST. THE SOUTH 1/4 CORNER AND THE SOUTHEAST CORNER OF
SAID SECTION 24 ARE MONUMENTED BY A 3-1/4" BRASS CAP IN RANGE BOX. STAMPED·
"LS 13212", WITH ALL BEARINGS RELATIVE HEREON.
ALAN H. BAILEY, PLS
COLORADO PROFESSIONAL LAND SURVEYOR No. 38035
FOR AND ON BEHALF OF:
BAILEY PROFESSIONAL SOLUTIONS, LLC
2 OF3
~
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EXHIBIT C
S89°59'5T'E
2 .87'
LOT 12 HAHN SUBDIVISION
I--_ PROPOSED RIGHT-OF-WAY
~
AREA
433 sq.fti
0 .010 ac.:t
LOT3
....
N00"57'01'W io 0 ; LOT 1
CARTER MINOR SUBDIVISION
RECORDED IN THE OFFICE OF THE
CLERK AND RECORDER OF JEFFERSON COUNTY
ONMAY4,1999ATREC NO F0859511
2565 39' -0
TOCENTER g
OFSEC24 Z
\
3000'
.....
' '
PERMANENT SIDEWALK EASE MENT
(REC No. F15n001 )
N89°45'03"E
3 .00'
soo•11'SO'W
25.05'
S89°45'03"W
5 .29'
LOT2
~---------------------
POINT OF COM MENCEMENT
SOUTH 1/41 CORNER. SEC 24.
T3S. RGfNV. 6TH PM
FOUND 3-1 /4" BRASS CAP
IN RANGE BOX , STAMPED
AS SHOVliN
~
0 . W . 38th Ave.
M (110' ROW)
SE CORNER . SEC 24,
T3S . R69W , 6TH PM
FOUND 3-114" BRASS CAP
IN RANGE BOX.
STAMPED AS SHOWN
r.--~ .----sj--• '14 ::.e ... 24,
T3S. R59VV, 6TH PM
S89"59'57"E 2648.06'
(BASIS OF BEARINGS)
THIS IS NOT A LAND SURVEY PLAT AND ONLY REPRESENTS THE ATTACHED PARCEL DESCRIPTION.
SCALE: 1"=30'
PROJECT: HF-12-07
DRAVVING FILE: EASEMENT VACATIONS
DATE : NOV 2. 2012
DRAVVN : RJE
CHECKED: AHB
b BAILEY
PRO F ESSIONAL
SOLUTIONS
BAI LEY PROFESSIONAL S0 Ll1T10NS . UC
'5737 SO UTH KENTON STREET ENGLEWOOD, CO 80111
303.587 16'n BAILEYPROFESSIONALSOLUTIONS COM
3 OF3