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HomeMy WebLinkAboutOrdinance-1988-0753INTRODUCED BY COUNCILMEMBER KELLER Ordinance No. 753 Series of 1988 TITLE: AN ORDINANCE CONVEYING EASEMENTS FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINES TO THE WESTRIDGE SANITATION DISTRICT, WHICH EASEMENTS RUN THROUGH PROPERTY IN WHICH THE CITY OF WHEAT RIDGE POSSESSES AN INTEREST. WHEREAS the City of Wheat Ridge owns an interest in certain properties located generally north and east of Independence Court within the City of Wheat Ridge by virtue of a perpetual easement previously conveyed to and accepted by the City; WHEREAS the Westridge Sanitation District, a Colorado special district which provides sanitation services to residents of the City of Wheat Ridge, requires an easement in and through said property coincident with the property interests of the City, which easement is necessary for construction and maintenance of a sewer line; WHEREAS Section 16.5 of the Home Rule Charter of the City of Wheat Ridge provides that sale or disposition of municipality owned real property shall be accomplished by ordinance; and WHEREAS the City Council of the City of Wheat Ridge wishes to convey, without warranty, easements to Westridge Sanitation District for the public purpose described above. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. The City does hereby grant an Easement for Construction and Maintenance of Sewer Lines to the Westridge Sanitation District, a Colorado special district, in and through the property described in, and subject to the conditions set out in, the Easement for Construction and Maintenance of Sewer Lines which is attached hereto as Exhibit A and expressly incorporated herein. Section 2. The City does hereby grant a Temporary Construction Easement to the Westridge Sanitation District, a Colorado special district, in, upon and through the property described in, and subject to the conditions set out in, the Temporary Construction Easement which is attached hereto as Exhibit B and expressly incorporated herein. Section 3. The Mayor and City Clerk are hereby authorized to execute the Easements authorized hereby. Section 4. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 5. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 6. This ordinance shall become effective 1 day after final publication. ITITRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 28th day of March , 1988, 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 Monday, April 11 , 1988, at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. 4/11/88 Continued to April 25, 1988. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 this 25th day of April 1988. 1988. SIGNED by the Mayor on this 26th day of April Dan Wilde, Mayor ATTEST: Wanda Sang, City Cle-lk APPROVED AS TO FORM BY OFFICE OF CTTY ATTORNEY John /18. Hayes, City/ Attorney 2 lst Publication: March 31, 1988 2nd Publication: April 28, 1988 Wheat Ridge Sentinel: Effective Date: April 29, 1988