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THIS DEED, Made this ? 5 th day of Apr i 1
between FRANKLIN~,. DENNING, JR.
r.:Y
, 1u8 0 ,
of the County of Jefferson and State of Colorado,
of the first part, and THE CITY OF WHEAT RIDGE, a
municipal corporation
of the
County of Jefferson and State of Colorado, of the second part:
WIT:\'ESSETH, That the said parly of the first part, for and in consideration of the sum of
Sixty-Nine Thousand Four Hundred Fifty and no/lOa ($69,450. OoPOLLARS,
to the said par1y of the first part in hand paid by the said party of the second part, the reccipt whereof is
hercby confessed and acknowledged, haS granted, bO,,!,ained, sold and conveyed, and by these presents do es
grant, bargain, sell, convey and confirm, unto the said party 'of the second part, its
heirs and assigns forever, all the following descrihed lot or parcel of land, situatc, lying and heing in the
County of Jefferson and State of Colorado, to-wit
A parcel of land located in the Southeast 1/4 of the Southeast 1/4
of Section 21, Township 3 South, Range 69 West of the 6th P.M.,
Jeffprson County, Colorado, described as follows:
I Beginning at a point on the West right-of-way line of Kipling
Street, which lies Northerly, 737.5 feet and Westerly, 50 feet,
from the Southeast Corner of said Section 21;
thel1ce Southerly, along said West line, 75.0 feet;
thence on,..~ction right of 570-00', 129.0 feet;
thence on a deflection left of 90...00' , 51. 0 feet;
thence on a deflection left of 190-00', 34.0 feet;
thence on a deflection left of 290-20', 61.0 feet;
thence on a deflection right of 520-00', 35.0 feet;
thence on a deflection left of 340"'30', 86.0 feet;
thence on a deflection right of 390-20'-45", 64.31 feet;
thence on a deflection right of 230..59'-15", 13.0 feet, to a point
on the West property line;
thence Northerly, along said West line, 274.0 feet, to the
Northwest property corner;
Thence on a deflection right of 630-56'-45", along the Northerly
property line, 313.35 feet, to the Point of Beginning.
containing 44,252 square feet OL 1.016 Acres, more or less.
TOGETHER with all and singular the hel'editaments and appurtenances thereto belonging, or in anywise
appertaining, and the reversion and reversions, remainder and ren1ainders, rents, issues and profits thereof; and all
the estate, right, title, interest, claim and demand whatsoevCl' of the said party of the first part, either in law
or e'luitv, of, in and to the above bargained premises, with the hereditaments and appurtenances, except
any water riqhts owned by party of first part, which are expressly
excluded from this transfer.
No. 463. WARRANTY DEED-For Photographic Record. Bradford Publishin~ Co., 18'24-46 Swut St.reet, Denve-r. CQIQl't\do-11-7~
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80035262
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A parcel of land located in the Southeast 1/4 of the Southeast 1/4 of Section 21,
Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado,
described as follows:
Beginning at a point on the West right-of-way line of Kipling Street, which lies
Northerly, 737.5 feet and Westerly, 50 feet, from the Southeast Corner of said
Section 21;
thence Southerly, along said West line, 75.0 feet;
thence on a deflection right of 570-00', 129.0 feet;
thence on a deflection left of 90-00',51.0 feet;
thence on a deflection left of 190-00', 34,0 feet;
thence on a deflection left of 290-20',61.0 feet;
thence on a deflection right of 520-00', 35.0 feet;
thence on a deflection left of 340-30', 86.0 feet;
thence on a deflection right of 390-20'-45", 64.31 feet;
thence on a deflection right of 230-59'-15", 13.0 feet, to a point on
the West property line;
thence Northerly, along said West line, 274.0 feet, to the Northwest property
corne r;
Thence on a deflection right of 630~56'_45", along the Northerly property line,
313.35 feet, to the Point of Beginning.
containing 44,252 square feet or 1.016 Acres, more or less.
Situate, lying and being In the County of Jefferson, State of Colorado.
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80035261
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IN tRODUCED BY COUNCILI-IEMBER
AIFIIO
ru ,II.UTION 1\(J _ hiN
Series of 1980
TITLE: RESOLUTION AUTHORIZING THE PURCHASE OF A PORT l()~ OF THE PROPERTY LOCATED \ / Q-
AT 3865 KIPLING STRL[T IN lVIIEM !UDGE, OWNED BY FRA,\lKLIN D, DENNING FOR
OPEN SPACE, FLOOD PLAIN, AND STORI-l DRMNAGE PURPOSES,
WHEREAS, the (ity . s interested in the acquisi tion of land for dual public
uses of open space and sturn drainage along Lena Gulch, and
WHEREAS, Jefferson County Open Space Funds can be used for buying open
spaces and providing trails, and
WHEREAS, the completion of this project will require the donation or purchase
of land in fee of ;.I portion of the property at 3865 Kipling Street in Wheat Ridge,
comprising 44,252 squ;.lre feet; and
WHEREAS, the Council passed a resolution (No., 674, series of 1980) authorizing
~, .~" ~ ,. .
the City to negotiate a p,urchase, if necessary'. .Q_L,t!.l.e...portion of land needed at
3865 Kipling Street; and
WllliREAS, the negotiations between the City and the owner of the property at
3865 Kipling Street have resulted in an agreement by the owner to sell the needed
lam! to the City ;.It the appraised price, which was presented to the Counci 1 in
Executive session on .January 14, 1980;
NOW, TIIEREFORE, BE IT RESOLVED that the City is authorized to purchase the
needed portion of land at 3865 Kipl ing Street for $69,450 and other proper expenses
involved in the acquisition Ivhich shall be charged to the 1979 encumbrance on
Code 3]-302-800-833; and
BE IT FURTHER RESOLVED that the needed portion of land at 3865 Kipling Street
will be transferred to .Jefferson County Open Space at the appropriate time to allow
fo r the normal Open Space purchase procedures; ancl
sr: IT FlfRTIlER I,LSOLVElJ tklt this resolution be sent to Jefferson County Open
"pauo ~() th;lt that body can continue to process the request m;llle in Resolution (,7,1
to apr""'H, the Of'en Space fllfhls for ail of the proper eXplTlSeS jpvolved in ",;,
1"1'( nl.'rt' '1',1 din
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;(' ,
'1 t ('
Commissioner
be adopted:
Tomsic
moved t~at the followinq Resolution
BEJ"ORE 'T'HE BOi".RD OF COC~';TY CO!'JHSSIONERS
OF TEE COUNTY OF JEFFERSON
STATE OF COLOPADO
RESOLUTION NO. CC8l-212
RE: OPEN SPACE - WHEAT RIDGE - LENA GULCH PROJECT
DENNING PROPERTY - OPEN SPACE PROPOSAL NO. 0280-3
Authorization for reimbursement to the City of
Wheat Ridge, Colorado,
WHEREAS, the City'of Wheat Ridge (Wheat Ridge) had heretofore
initiated a drainage improvement project in Lena Gulch which
required the acouisition of certain oarcels of real property;
and
WHEREAS, it was determined that sane portions of the real pro-
oertv to be aCGuired for the project would be eligible for
Funding from the JeF:erson County Open Space Fund; and
WHEREAS, the determination of such eligibility was not made in
su~ficient time to allow the aC0uisition of the real property
~escribed on Exhibit A attached hereto which is co~only known
as the Denning Property in time for the initiation of construc-
tion in accordance with the schedule which Wheat Ridge had
establis:ted; and
l'7HEREAS, Hhea t R.idce proceeded to acqUlre the Denninq Property
'..;ith its m.Jn funds fer the sum of $69,727.95, taking title
to said oroperty in its own name; and
l'7EFP~11.S, the lvheat Ridge City Council has passed Resolution !Jo.
728 requesting reimbursement for the purchase price of the
Denning Property and authorize~ the !layor to execute a covenant
w~erebv the City agrees that it shall hold the property in its
name only for so long as it is used for oublic open space, park
and recreational purposes and that if said property is used for
anv other purpose, Wheat Ridge shall forfeit the title to the
property and title shall automatically revert to the County of
Jefferson, State of Colorado; and
;'7EEP~J..S, it is appropriate that h-heat RidC]e be reimbursed for
the acquisition cost of the Denning Property.
~O~, 7EEREFORE, BE ~T RESOLVED that the Board of County Ccrn-
~issioners, County of Jef:e~son, State of Colorado, hereby
and herewith authorizes and aooroves the ~aynent of the sum
of 569,727.95 to the City or Kheat ?id~e, such payment to be
~ade l00~ from the City's attributable share of the Jef=erson
County Open Soace Fund, such pa~~2nt to be nade by the County
Cc~r:;t~oller by Je:f::erson Co~-.:r,t_: r~c..:-r3.:t UGcn 2co.?tion of this
resolution.
"
?eso1ution No. CCSl-212
Daoe '1'wo
BE IT FURTHER RESOLVED that the County Attorney's Office is
authorized to record the covenant dated January 28, 1981,
tocether with Resolution Number 728 which was adopted by the
City of Wheat Ridge on January 19, 1981.
Commissioner Clement seconded the aGoption of the fore-
qoinc Pesolution. The roll having been called, the vote was as
follm,s:
CO::\l":1issioner 1ilalter J. Tomsic - "Aye";
COfrJ'1issioner Robert F. Clement - "Aye";
Commissioner James E. Martin, Chairman - "Absent":
The Resolution was adopted by majority vote of the Board
of Countv Commissioners of the County of Jefferson, State of
Colorado.
DATED:
Harch 16, 1981
,11, \
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VV./V
COVENANT
,- -61-, 'I
THIS COVENANT made this 2(5 - day of ~,).-vl-<-<"4l' , 1981, by
the City of Wheat Ridge, a home-rule city,Vacting y and through
its duly elected Mayor upon authorization of the members of its
duly elected City Council, for the benefit of the County of Jefferson,
State of Colorado, a body politic.
WHEREAS, the City of Wheat Ridge has previously purchased, and
taken title in its own name, the property described on Exhibit A
which is attached hereto and incorporated hereini
WHEREAS, said property was purchased by the City of Wheat Ridge
utilizing funds maintained by Jefferson County in its Open-Space
Fund pursuant to an Open-Space Resolution adopted by Jefferson County
residents;
WHEREAS, the Commissioners of Jefferson County and the City
of Wheat Ridge have agreed that the City of Wheat Ridge shall take
title to said property in its own name, subject to the terms and
conditions hereof; and
WHEREAS, the County Commissioners of Jefferson County, acting
by and through the staff and director of the open-Space Program,
have accepted the uses to which the property described herein shall
be put as appropriate Open-space uses entitling the City to be
reimbursed from the Open-Space Fundi and
WHEREAS, the County Commissioners of Jefferson County require
the undertaking specified herein;
NOW, THEREFORE, the City of Wheat Ridge, as evidenced hereby,
does hereby covenant as follows:
1. The City of Wheat Ridge agrees that it shall own in its
own name the property described in Exhibit A, attached hereto and
incorporated herein, for so long, and only for so long, as said
described property is used for public open space, park and
recreational purposes,
2. In the event the property described in Exhibit A is used
for any purpose other than those specified in the preceding para-
graph 1, the City of Wheat Ridge shall forfeit title to said property
and title shall automatically revert to the County of Jefferson,
State of Colorado.
3. This Covenant ~s executed by the Mayor of the City of Wheat
Ridge pursuant to the authority granted by the duly elected City
Council of the City of Wheat Ridge pursuant to the Resolution No. 728
a certified copy of which is attached hereto and incorporated herein.
4. This Covenant shall be recorded with the Clerk and Recorder
of Jefferson County against the property described in Exhibit A and
shall be and rema~n a covenant running with the land, binding upon
the parties hereto ~n perpetuity.
EXECUTED thi s1)i lJ day
of "-. a"'''~L-rlif
/
:.-- THE CITY OF
a home-rule
, 1981.
WHEAT RIDGE
city
By ~~ /~ ' 4.</77c:_
Frank St~tes, Mayor
ATTEST:
STATE OF COLORADO
APPRO~~~ AS ,JjJ FORM~
~ i -..;r
'1.- .'
C' Y Attornfey
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IL ,0
SS.
COUNTY OF JEFFERSON
f
was acknowledged before me this ,2;r{~
by Frank Stites, Mayor of the City of
The foregoing instrument
----,
day of ''''~'''~ ' 1981,
Wheat Rtclge, Co orado.
witness my hand and official seal.
l-1y commission expires: Mj' Commission Expires January 8, 199~
.-1/, /1 /::::'
IL--J'~' /C<..-<:~-- to{ /~,'-'
Notary/Public
STATE OF COLORADO
SS.
COUNTY OF JEFFERSON
. v l4
The..t,oregoing instrument was acknowledged before me th~s ;{o-
day of ~~~_~ ' 1981, by Carol F, Hampf, City Clerk of
the city~ef wheat Ridge, Colorado.
Witness my hand and official seal.
My commission expires:
-~":;'''r, "; ~ ';"',;,- "'?'l""-:;-~~I it
"':f7"l"l(TiT
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Not~--?;{;biY;'.-' U /~"-7'- ---
RESOLUTION NO. 728
Seri es of 1981
TITLE: RESOLUTION AUTHORIZING MAYOR TO EXECUTE AGREEMENTS WITH THE JEFFERSON
COUNTY COMMISSIONERS WHICH CONTAIN CONDITIONS OBLIGATING THE CITY OF
WHEAT RIDGE TO KEEP AND MAINTAIN PROPERTIES PURCHASED WITH OPEN SPACE
FUNDS FOR AUTHORIZED OPEN SPACE PURPOSES, AND PROVIDING FOR A REVERSION
OF TITLE TO JEFFERSON COUNTY IN THE EVENT ANY SUCH PROPERTIES ARE NOT
SO KEPT AND MAINTAINED.
WHEREAS, the Wheat Ridge City Council has previously adopted
Resolution 705, requesting Jefferson County to reimburse the City of Wheat
Ridge from Wheat Ridge's attributable share of Open Space Funds for the
purchase of properties previously owned by Denning, Van Hooser and Well~r; and
WHEREAS, normal accepted procedure for such purposes is to allow Jefferson
County to purchase said properties and thereafter convey the same by deed to
Wheat Ridge; and
WHEREAS, because of the necessity for promot purchase of said parcels by
the City of Wheat Ridge, Jefferson County allowed the City of Wheat Ridge to
negotiate and purchase said properties directly; and
WHEREAS, the accepted and required practice of Jefferson County, to preserve
the integrity of the Open Space Fund, is to include in all deeds from Jefferson
County to municipalities a reverter clause providing for reversion of title to
Jefferson County of any oroperties purchased with Open Space Funds in the event
the municipality utilizes any such properties so purchased for purposes other
than those sanctioned and specified by the Jefferson County Open Space Resolution;
and
WHEREAS, the City of Wheat Ridge and the Jefferson County Commissioners
have agreed, in order to provide for administrative expediency, to deviate from
the normal accepted procedure in this instance only, so long as agreements
containing reversion language acceptable to the Jefferson County Commissioners,
and consistent with known and accepted practices and constraints of Jefferson
County, are executed by the City of Wheat Ridge and recorded against any
properties purchased by the City of Wheat Ridge with Open Space funds;
NOW, THEREFORE, BE IT RESOLVED that the Mayor of the City of Wheat
Ridge is authorized hereby to negotiate and execute any agreements or documents
necessary and required to effect the purchase of, or reimbursement for the
purChase of, the properties above described from Wheat Ridge's attributable
portion of Jefferson County Open Soace Funds, said agreements to contain
aporopriate reversion of title clauses, and said agreements to be recorded
upon their execution.
DONE AND RESOLVED this 19th day of _January
vote of 8 to 0
, A.D. 1981, by a
~
.' /t ,j~tzr7~~
FRANK STITES, MAYOR
ATTEST:
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Li'/.//tCr' ~ / / //,~
t"AROL F. HAMPF, C Y CLtR'/
~
A parcel of land located in the Southeast 1/4 of the Southeast 1/4 of Section 21,
Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado,
described as follows:
Beginning at a point on the West right-of-way line of Kipling Street, which lies
Northerly, 737.5 feet and Westerly, 50 feet, from the Southeast Corner of said
Section 21;
thence Southerly, along said West line, 75.0 feet;
thence on a deflection right of 570-00', 129.0 feet;
thence on a deflection left of 90-00 I , 51.0 feet;
thence on a deflection left of 190-00' , 34.0 feet;
thence on a deflection left of 290-20', 61.0 feet;
thence on a deflection right of 520-00', 35.0 feet;
thence on a deflection left of 340-30', 86.0 feet;
thence on a deflection right of 390-20'-45", 64.31 feet;
thence on a deflection right of 230-59'-15", 13.0 feet, to a point on
the West property line;
thence Northerly, along said West line, 274.0 feet, to the Northwest property
corner;
Thence on a deflection right of 630~56'-4S", along the Northerly property line,
313.35 feet, to the Point of Beginning.
containing 44,252 square feet or 1.016 Acres, more or less.
Situate, lying and being in the County of Jefferson, State of Colorado.
j)
CLOSING STATEMENT
Closing of the within transaction occurred on April 25, 1980.
The total purchase price paid by the City of Wheat Ridge to
Franklin P. Denning, Jr. equaled S69,450.00. From those proceeds,
Denning paid, or is obligated to pay the followinq expenses:
Real Property Taxes for 115 days of 1980 -
Recording Fee for Easement
Total
S190.90
6.00
sl96.00
In addition to the sales price paid to Denninq, the City of
Wheat Ridge paid, or is obliqated to pay, the following expenses:
Title Insurance -
Recordinq and Documentary Fees -
$265.00
12.95
S277.95
The parties aqree that all allocations set forth herein are
final, and that the fiqures set forth herein are accurate and
complete.
Dated this 25th day of April, 1980.
THE CITY OF WHEAT ~IDGE,
a municipal corporation
By
Frank
-----
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----' " .,~
~ Fr. ;{4ft -
S1:ites, Mayor
ATTEST:
, ,
1_ ?1 ~~A~C../ /-tc.
carol Hampf,
City Clerk
f~y
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