HomeMy WebLinkAboutOrdinance-1974-0161 - Lease and Purchase of Park Lands at Robb and 44thIntroduced by Alderman Donaldson
ORDINANCE N0. 161
Series of 1974
TITLE: AN ORDINANCE AUTHORIZING A SHORT TERM LEASE AND SUBSEQUENT
PURCHASE OF LAND FOR PUBLIC PARK PURPOSES LYING BETWEEN WEST 44
AVENUE TO THE NORTH AND CLEAR CREEK TO THE SOUTH, EAST OF THE INTER-
SECTION OF ROBE STREET AND WEST 44 AVENUE IN THE CITY OF WHEAT RIDGE,
COLORADO.
WHEREAS, it is in the best interests of the citizens of
this City that needed and satisfactory Parks and Recreation areas
and land be obtained by appropriate and economical means; and
WHEREAS, Brannan Sand and Gravel Company and Adolph Coors
Company have jointly developed a plan designed to satisfy the afore-
mentioned objectives; and
WHEREAS, Brannan Sand
part of t-ie responsibilities of
this City an offer to lease for
of lard i-ulml-,.-t _p i
th
e sale
tern, a Lert~ larg r t , , of
the aforementioned p-ircel; -.,,d
and Gravel Company has discharged a
the aforesaid plan by tendering to
a short term (three years) a parcel
to the City, at the end of the lease
land which encompasses and includes
WHEREAS, this Council, on behalf of the City, has accepted
the offer, agreeing as consideration to permit Brannan Sand and Gravel
Company to extract the gravel in and upon certain lands owned by the
City known as Prospect Park; to pay Brannan Sand and Gravel Company
One Dollar ($1.00) per year lease rent for the first described parcel;
and, at the end of the said three-year term, to purchase the 17rger
tract encompassing and including the smaller leased parcel for Thirty
Thou=lid and no/100 Dollars ($30,000.00); and
WHEREAS, this Council, by formal approval of motion, has
authorized the ',yor to enter into ~nd execute a contract consistent
with the aforem tioned provisions; and
WHEREAS, Colorado Revised Statutes 1963, 139-aB-27 as
amended, provides that the acquisition of park land be solemnized
by an ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO, THAT:
Section 1. This ordinance fcrm,.lizes the Council approved
motion of 7 November 1974 authorizing the Mayor to enter into and
execute a contract with Brannan Sand and Er vel Company providing,
Page 2
Ordinance No. 161
amongst other things, for the lease of the parcel of land described
in Exhibit "A", and for the purchase of the tract of land described
in Exhibit "a", both of which are attached hereto and made a part
hereof by reference, all of which land is located generally between
West 44 Avenue to the north and Clear Creek to the south, east of
the intersection of Robb Street and West 44 Avenue, in the City of
Wheat Ridge, Colorado; and to lease the said parcel of land described
in Exhibit "A" for a lease price of One Dollar ($1.00) per year for
three (3) years, and at the termination of the said lease term to
purchase the tract of land described in Exhibit "B", which land
substantially exceeds in area, encompasses, and includes the parcel
of land described in Exhibit "A", at a price of Thirty Thousand and
no/100 Dollars ($30,000.00) payable in cash or certified funds at
closing.
Section 2. Said lands shall be acquired as and for park
lands of the City of Wheat Ridge, Colorado, and shall become public
park lands of the City of Wheat Ridge, Colorado, upon conveyances
thereof to the City.
Section 3. Upon lease and purchase conveyances to the City
pursuant to the terms of said contract, the Mayor is h,2reby au.'iorized
to accept such conveyances on behalf of the City, and the City Clerk
is authorized and directed to record such conveyances in the records of
Jefferson County, Colorado.
Section 4. The Treasurer is hereby authorized and directed
to make lease payments when due, and to make payment for purchase, at
closing, upon delivery of a deed in accordance with the terms of the
contract herein authorized.
Section 5. This ordinance is necessary for the immediate
preservation of public health and safety, and an emergency exists
by reason that the contract herein authorized is required to be
executed at this time in order to effectuate the acquisition of
necessary public park land for the use and benefit of the citizens
of the City of Wheat Ridge; therefore, this ordinance shall take
effect five (5) days after final publication.
INTRODUCED, READ, ADOPTED AND ORDERED PUBLISHED AND POSTED
on first reading by a vote of 5 to 1 this 14th day of
November , A. D., 1974.
READ, ADOPTED AND ORDERED PUBLISHED AND POSTED on second and
final reading by a vote of 5 to 0 this 12th day of
December , A. D., 1974.
ATTEST:
l
Elise Brougham, City Clerk
S
Homer L. Roesenei, Mayor
ORDINANCE NO. 161 - Page 3 - Continued
EXHIBIT "A"
That portion of the SW/4 NW/4 of Section 21, T3S, R69W of the 6th
P.M., described as follows: Beginning at a point on the south
line of West 44th Avenue, said point being 1115.60 feet east of
the west line of the NIP'/4 of said Section 21; thence N89°43'E
along the south line of West 44th Avenue a distance of 343 feet
to the northeast corner of that tract described in Book 2181 at
Page 386 of the Official Records of Jefferson County, Colorado;
thence southerly along the east line of that tract described in
said Book 2181 at Page 386 a distance of 250 feet to a point
345.12 feet north of the south line of the NLLP/4 of said Section
21; thence N890431E a distance of 343.75 feet to a point 252.33
feet north of the south line of the NU/4 of said Section 21;
thence NO018.5'W parallel to the west line of the NLLV/4 of said
Section 21 a distance of 250 feet to the point of beginning,
containing 1.971 acres.
ORDINANCE NO. 161 - Page 4 - Continued
EXHIBIT "B"
That portion of Section 21, T3S, R69W of the 6th P.M., described
as follows: Beginning at the intersection of the east line of
the SW'/4 NW/4 of said Section 21 with the south line of the County
Road (now known as West 44th Avenue); thence westerly along the
south line of said County Road a distance of 207.78 feet to a
point 115.60 feet east of the west line of the NU/4 of said Section
21 and true point of beginning; thence continuing westerly along
the southerly line of said County Road a distance of 343 feet
to the northeast corner of that tract described in Book 2181 at
Page 386 of the Official Records of Jefferson County, Colorado;
thence southerly along the easterly line of said tract described
in Book 2181 at Page 386 a distance of 595.12 feet to the south
line of the NLLP/4 of said Section 21; thence continuing southerly
along the easterly line of said tract described in Book 2181 at
Page 386 a distance of 423.71 feet to a point 241.15 feet north
of the south line of the N1/z NV/4 SW/4 of said Section 21; thence
easterly parallel to the south line of the V NW/4 SWI/4 of said
Section 21 a distance of 551.46 feet to the east line of the NILP/4
SW/4 of said Section 21; thence northerly along the east line of
the NILP/4 SW/4 of said Section 21 a distance of 422.82 feet to the
northeast corner of the NIA/4 SW/4 of said Section 21; thence
northerly along the east line of the SW/4 NW/4 of said Section 21
a distance of 250.64 feet, thence westerly parallel to the south
line of said County Road a distance of 207.14 feet to a point
252.33 feet north of the south line of the NW'/4 of said Section
21; thence northerly parallel to the west line of the SLLP/4 NLLP/4 of
said Section 21, a distance of 340 feet to true point of beginning.
CERTIFICATION OF PUBLICATION AND POSTING
I, Elise Brougham, hereby certify that Ordinance No. 161 was duly
published in the Wheat Ridge Sentinel on the 21st day of November
1974, and posted by me following first reading on the 72nd day of
!November 919741 at the fallowing locations within the City of
Wheat Ridge.
Wheat Ridge Post Office
Wheat Ridge Branch Library
Columbia Heights School
Prospect Valley Fire Department
Wheat Ridge City Office
Wheat Ridge Council Chambers
Kullerstrand Elementary School
7
I, Elise Brougham, hereby certify that Ordinance No. 161 was duly
published in the W'ieat Ridge Sentinel on the 18th day of December ,
1974, and posted by myself following second reading on the 20th
day of December , 19747 at the above listed locations within the City
of Wheat Ridge.
Eli§ae Brougham, CityjClerk