HomeMy WebLinkAboutOrdinance 1728CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER HUTCHINSON
Council Bill No. 22
Ordinance No. 1728
Series 2021
TITLE: AN ORDINANCE APPROVING THE DISPOSITION OF PARK
LAND AT STITES PARK AND IN CONNECTION THEREWITH
AUTHORIZING AN EXCHANGE OF LAND TO CORRECT THE
PROPERTY BOUNDARY
WHEREAS, the City of Wheat Ridge, Colorado (“City”) owns certain real property
within the City at the northeast corner of West 29th Avenue and Newland Street that is
designated as park land and known as Stites Park (the “Park Property”); and
WHEREAS, a playground and basketball court were constructed at the north end
of the Park Property over a 15-foot wide parcel of private property; and
WHEREAS, the fence along the western boundary of the Park Property is not
aligned with the parcel line because of the presence of mature trees; and
WHEREAS, the City and the adjacent property owner, James S Muniz, desire to
correct these property line discrepancies; and
WHEREAS, the portion of Park Property which the City proposes to convey to
James S Muniz is designated park land; and
WHEREAS, pursuant to the Wheat Ridge City Charter Section 16.5, the
unanimous approval of the entire City Council, by ordinance, is necessary to sell or
dispose of designated park land; and
WHEREAS, the City Council finds and determines that the disposition of a portion
of Stites Park does not impact the use or needs of the adjacent park; and
WHEREAS, the City Council therefore desires to approve the disposition of the
Park Property conditioned upon the receipt of the parcel along the north boundary of the
park and the consolidation of the same with the Park Property.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Conveyance of Park Property Approved. Pursuant to Charter Section
16.5, the City Council hereby approves the conveyance to James S Muniz of
certain City-owned property designated as park land, which land is more
particularly described in Exhibit A, attached hereto and incorporated herein by this
reference.
Section 2. Conveyance Documents. In connection with the conveyance of park
land approved by Section 1 above, the City Council hereby authorizes and directs
the Mayor and City Clerk to execute the associated deeds and plat (once
approved), in a form approved by the City Attorney.
Section 3. Conditions of Approval of Sale of Property. The conveyance of
property and execution of associated documents approved by Sections 1 and 2
above is expressly contingent upon the satisfaction of all of the following conditions
precedent: (1) James S Muniz conveys to the City the parcel north of the park,
which land is more particularly described in Exhibit B, attached hereto and
incorporated herein by this reference, and (2) James S Muniz completes final
approval of a plat which consolidates the Park Property. Should any one of these
conditions precedent fail to occur on or before December 12, 2022, the approvals
set forth in Sections 1 and 2 above shall never become effective.
Section 4. Severability, Conflicting 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 5. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _7_ to _0_
on this 22nd day of November 2021, 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 December 13, 2021, at 7:00 p.m., as a virtual meeting and in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, if allowed to meet in person
on that date per COVID-19 restrictions.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _8_ to _0_, this 13_ day of _December , 2021.
SIGNED by the Mayor on this _13_day of January 2022.
______________________________
Bud Starker, Mayor
ATTEST:
_________________________
Steve Kirkpatrick, City Clerk
Approved as to Form
_________________________
Gerald Dahl, City Attorney
1st publication: December 2, 2021
2nd publication: December 16, 2021
Jeffco Transcript:
Effective Date: December 31, 2021