HomeMy WebLinkAboutOrdinance 1729CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER HULTIN
Council Bill No. 23
Ordinance No. 1729
Series 2021
TITLE: AN ORDINANCE APPROVING THE TRANSFER OF 4100
GRAY STREET THROUGH GENERAL WARRANTY DEED TO
THE COUNTY OF JEFFERSON, STATE OF COLORADO, IN
ORDER TO PLACE A REVERTER ON THE PROPERTY AND
RETURN OWNERSHIP TO THE CITY OF WHEAT RIDGE
THROUGH A COMMISSIONER’S DEED
WHEREAS, the City of Wheat Ridge, Colorado (“City”) owns certain real property
within the City at the southwest corner of West 41st Avenue and Gray Street designated
as park land and known as Randall Park (the “Park Property”); and
WHEREAS, the City recently purchased property at 4100 Gray Street to expand
Randall Park to one City square block; and
WHEREAS, to assist in this purchase the City was awarded $150,000 in grant
funds through the Jefferson County Open Space Land Conservation Partnership
Program; and
WHEREAS, the process of accepting these grant funds requires the City to
transfer the property via General Warranty Deed to the County of Jefferson, State of
Colorado; and
WHEREAS, the property ownership will be returned to the City of Wheat Ridge
through a Commissioner’s Deed, requiring that the property be used for public open
space, park or recreational purposes in perpetuity; and
WHEREAS, in connection with this procedure, the City is also required to submit
a signed Environmental Indemnification and Hold Harmless form; 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 therefore desires to approve the transfer of the Park
Property conditioned upon the receipt of $150,000 in grant funds and a Commissioner’s
Deed, returning ownership to the City of Wheat Ridge.
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 the County of Jefferson,
State of Colorado 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. Agreement Approved. In connection with the transfer of park land
approved by Section 1 above, the City Council hereby authorizes and directs the
Mayor and City Clerk to execute the necessary instruments to complete the
transfer and subsequent re-conveyance back to the City of the 4100 Gray Street
Property, in form approved by the City Attorney.
Section 3. Conditions of Approval of Sale of Property. The conveyance of
property and agreement approved by Sections 1 and 2 above is expressly
contingent upon the satisfaction of all of the following conditions precedent: (1) The
City of Wheat Ridge receives $150,000 in grant funds through the Jefferson
County Open Space Land Conservation Partnership Program and (2) the County
of Jefferson, State of Colorado returns ownership to the City of Wheat Ridge
through a Commissioner’s Deed.
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
EXHIBIT A
Legal Description of the Property
THAT PART OF THE FOLLOWING DESCRIBED PROPERTY LYING WITHIN THE EAST
ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST
ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 24, TOWNSHIP 3
SOUTH, RANGE 69 WEST TO-WIT:
BEGINNING AT A POINT 22.4 FEET NORTH AND 220.9 FEET WEST OF THE
SOUTHEAST CORNER OF SAID EAST ONE-HALF OF THE SOUTHWEST
ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST
ONE-QUARTER; THENCE WEST 110.0 FEET; THENCE NORTH PARALLEL WITH THE
EAST LINE OF SAID SOUTHWEST ONE-QUARTER OF THE NORTHWEST
ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER, 65.0 FEET; THENCE EAST 110.0
FEET; THENCE SOUTH 65.0 FEET, TO THE POINT OF BEGINNING,
COUNTY OF JEFFERSON, STATE OF COLORADO.
also known by street and number as: 4100 GRAY STREET, WHEAT RIDGE, CO 80212