HomeMy WebLinkAboutOrdinance 15652015013082 2/12/20 1S 11·SOA M 20 15008017 1/29 /20 158:28AM
PG S 4 $26.00 DF $0 00 PG S 2 $1 6 .00 DF$0.00
Eleclrof11caHy Recorded Jefferson Co1.111ty CO • Flectronicaty Recorded Jefferson County. CO
FayeGnfrn CerkandRecorder T01000 N FayeGnffn.CerkendRecorder T01000 N
CITY OF WHEAT RIDGE , COLORADO
INTRODUCED BY COUNCIL MEMBER DAVIS
COUNC IL B ILL N0.17 -2014
ORDINANCE NO. 1565
Series 2014
TITL E : AN ORDINANCE OF THE CITY OF WH EAT RIDGE VACATING ANY
INTEREST HELD BY THE CITY IN A PORTION OF 44TH AVENUE, A
PUBLIC ROADWAY
WHEREAS, the City of Wheat Ridge holds publ ic rights -of-way in trust for the
public and the landowners abutti ng such rights -of-way ; and
WHEREAS , due to a potentially inaccurate legal description , certain property
lying immediately north of 44th Avenue may be subject to a dedication as a part of the
441h Avenue right-of way ; and
WHEREAS, pursuant to t he authority g ranted by C.R.S . §§ 31 -15-702(1)(a)(l)
and 43-2-301 et seq ., the Council of the City of Wheat Ridge , Colorado , has det ermined
that the nature and extent of the public use and the public interest to be served is such
as to warrant the vacation of th is area ; and
WHEREAS, the portion of the 44th Avenue right-of-way to be vacated and which
is the subject of t his ordina nce is more fully described on Exhibit A attache d hereto and
fully inco rporated herein by t his reference ; and
WHEREAS, no property abutting sa id public roadway will be left w ithout an
established publ ic road or private-access easement connecting sa id land with another
established public road .
NOW THEREFORE BE IT ORDAINED B Y THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE , COLORADO:
Section 1. Vacation . To the extent of any City interest therein , the following
portion of the 44 th Avenue rig ht-of-way is hereby vacated , the same be ing no longer
required f or pub lic use and t he publ ic interest will be served by such vacat ion :
as more particularly shown on t he attached Exh i bit A .
Secti on 2. Severability, Conflicting Ordinances Repealed. If any section ,
subsect ion or cla use of this O rdinance shall be deemed to be unconstitutiona l or
otherw ise invalid , the validity of t he remai ning sect ions, subsections and clauses s hall
not be affected t hereby . A ll other ordi nances o r pa rts of ordinances in conflict with th e
provisions of this Ord inance are hereby repealed .
Section 3. Recording. This Ord inance shall be filed for record with the office
of the Jefferson County Clerk and Recorder.
Section 4. Effec tive Date. This Ordinance shall take effect upon closing of
the pending sale of the property to the Fru itdale Building corporation , as permitted by
Section 5.11 of the Charter.
INTRODUCED , READ , AND ADOPTED on first reading by a vote of 5 to 1 on
th is 8th day of December, 2014 , ordered published in full in a newspaper of general
circulat ion in the City of Wheat Ridge , and Public Hearing and cons ideration on final
passage set for January 12 , 2015 at 7:00p.m ., in the Council Chambers , 7500 West
291h Avenue , Wheat Ridge , Colorado , continued to January 26 , 2015 .
READ , ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of 7 to 1, this 26th day of January, 2015 .
SIGNED by the Mayor on this 26th day of January, 2015 .
ATT EST
First Publication : December 11 , 2014 : January 15, 2015
Second Publication : January 29 , 20 15
Wheat Ridge Transcript
Effective Da t e As provided in Section 4 .
Publ ished :
Wheat Ridge Transcript and www.ci.wheatridge .co .us
2
Exhibit A
PROPERTY DESCRIPTION
A portion of the North One-half of Section 21 , Township 3 South, Range 69 West of the 6th
Principal Meridian, City of Wheat Ridge , County of Jefferson , State of Colorado more
particularly described as follows :
Beginning at a point on the North Line of that certain property described in Reception No.
86049897 being the North Right-Of-Way Line of West 44th Avenue , said point also lying
642.56 feet North of the Center of Section on the North-South Centerline of said Section 21 ;
Thence N 89°59'33" W along said North Right-Of-Way Line , a distance of 99.00 feet to the
Southerly extension of the Westerly Line of that certain property described in Book 9 , Page
451 , Thence N 00 °18'28" W along said Southerly extension of the Westerly Line , a distance
of 30.88 feet to the Southwest Comer of said property ; Thence N 89 °41'32" E along the
South Line of said property, a distance of 99.00 feet to a point on said South Line also being
a point on the said North-South Centerline of said Section 21 , Thence N 89° 41'32" E
continuing along said South Line , a d istance of 99.00 feet to the Southeast Comer of sa id
property; Thence S 00 ° 18'28" E along the Southerly extension of the Easterly Line of said
property, a distance of 32 .33 feet to a point on said North Right-Of-Way Line of said West
44th Avenue ; Thence N 89°46'59" W along said North Right-Of-Way Line , a distance of
99.00 feet to the Point Of Beg inning and containing 6240.2 square feet or 0 .14 acres more
or less.
Basis of bearings:
The Basis of Bearings for the above described parcel of land platted on Fruitdale Patio
Homes to beN 00°09'23 " W from the East 1/4 of Section 21 , Township 3 South , Range 69
West of the 6th P .M to the Northeast Comer of said Section, said East 1/4 being a 3 1.4"
brass cap and post set in range box stamped LS 13212 per monument record and the NE
Comer being stamped 13212 1984 per the monument record .
Sheet 1 of2
EXHIBIT A
A PORTION OF THE N 1/2 OF SECTION 21. T. S S .• R. 69 "· OF THE 6TH P.JI.,
CITY OF JfHEAT RIDGE, COUNTY OF JEFFERSON. STATE OF COLORADO
N I
N I 0
I
0 .-I I
N .-
N
I ~ 0>
I") I
110 z ('1 .
a: iDI r . 8 ~
z ----
NOR'Ili 1/4 SECTION CORNER r --------N~R~~ S~C~~
rouND 3 1/4" BRAss DISK FOUND 3 114-B~O:Ssc~~ I>
IN CONCRETE LS. 13212 R GE B 32 PER MONU MENT RECORD IN AN OX LS. 1 12 ~ PER MONU MENT RECORD
f: I I u •
PIN 39-212-00-095
NORlH RIGHT-OF-WAY UNE
RECEPTION I 86049897
N 89"59' 33• W 99.00'
t;ll~ (01
wl ~~ ~I~ PIN 39-212-00-095 I 0 I
~ II 8~ ~ SOU'Ili PROPERTY UNE I l I k lz BOOK 9, PAGE 451 ~ l
41'32• E 99.00' w ~ 1
I I I
6240.2 so. n. ~. ~ I
0.14 ACRES Co ~ .._
~[/POINT OF BEGINN ING ~~ ~
g N 89"46'59• W 99.00' -~-o ~ 0
WEST 44TH AVE NUE ~ :
~ _ ~ 8~'59'33" ~ 2648 .8!'~ _______ ~ _____ s_e~·40'59" ~ 2654.~2~(M)
S 89'43.5 E 2649.0' , S 89'31 .1' E 2654.1'
RECEPllON NO . 2009001396 66 1 R.Q. W. RECEPllON NO. 2009001396 :
J81 FOUND 3 1/4" BRASS OISl<l 111
c-1 IN RANGE BOX LS. 16837 ): ~
• I PER MONUI.IENT RECORD ii
------------ --ID I, ------------d::~
):f~ l ~m
r'f ID Ill ~ gi 18~
m z~
WEST 1/4 SECTlON CORNER g EAST 1/4 SECTION CORNER 1 ~
FOUND 3 1/4" BRASS DISK z 1 FOUND 3 1/4• BRASS DISK 1
IN RANGE BOX LS. 13212 I IN RANGE BOX LS. 13212 ~~~M_EN_T_R:~RO __ S _8~'3_5_'10_" ~ _2644.40' ../' ~ N e~·~s·os• E_~652.38' _P~R MONU~~T~
1 Inch .. 40 ft.
CENTER 1/4 SECTION CORNER
FOUND 3 1/4" BRASS DISK
IN RANCE BOX LS. 13212
PER MONUMENT RECORD
I" }
THIS EXHIBIT DOES NOT REPRESENT A
MONUMENTED LAND SURVEY. IT IS ONLY
TO DEPICT THE A IT ACHED DESCRIPllONS
JAMES M. WOOLDRIDGE P.l.S. 28669
:.OR AND ON BEHALF OF CROSSROADS SURVEYING, INC. 1"'\.
V = FOUND 16 REBAR/RANGE BOX SHEET 2 OF 2 J
CROSSROADS SURVEYING, INC. 10250 W'. MISSISSIPPI AVE. II 1106
LAKEWOOD. COLORADO 80226 (720) 974 -6088