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HomeMy WebLinkAboutOrdinance-1988-0771INTRODUCED BY COUNCILMEMBER WORTH Ordinance No. 771 Series of 1988 TITLE: AN ORDINANCE DECLARING CERTAIN PROPERTY OWNED BY THE CITY OF WHEAT RIDGE TO BE EXCESS PROPERTY, AUTHORIZING THE CONVEYANCE OF SAID PROPERTY BY SPECIAL WARRANTY DEED, AND FURTHER AUTHORIZING THAT SAID PROPERTY BE DISPOSED OF PURSUANT TO THE PROVISIONS OF A CERTAIN AGREEMENT BETWEEN WAUGAMAN ASSOCIATES, INC., LAKE FRONT PARTNERS, AND THE CITY OF WHEAT RIDGE. WHEREAS the City of Wheat Ridge has created a special improvement district for the purpose of constructing and improving portions of West 48th Avenue and the I-70 Service Road north of I-70 within the City of Wheat Ridge; WHEREAS as a portion of said project certain real properties have been acquired by the City from property owners affected by the special improvement district project; WHEREAS among such properties is a certain parcel deeded to the City from Waugaman Associates, Inc., which parcel has been accepted by the City Council of the City of Wheat Ridge; WHEREAS the property described in the attached Special Warranty Deed, which property was acquired from Waugaman Associates, Inc., is of no benefit to the City, and is therefore excess property to the City; WHEREAS said property is of benefit and value to Lake Front Partners, owners of the adjacent property; WHEREAS the City wishes to convey said property, by and through said Special Warranty Deed, to Lake Front Partners and further wishes to make said conveyance subject to the provisions of that certain Agreement between Waugauman Associates, Inc., Lake Front Partners, and the City of Wheat Ridge, which Agreement is attached hereto. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. The City Council of the City of Wheat Ridge hereby declares the real property described in that certain Special Warranty Deed attached hereto as Exhibit 1 to be excess property, and authorizes conveyance of said property to Lake Front Partners, a Colorado general partnership, and further authorizes the Mayor and City Clerk to execute said Special Warranty Deed and deliver the same to Lake Front Partners, subject only to the terms and conditions of that certain Agreement between Waugaman Associates, Inc., Lake Front Partners, a Colorado general partnership and the City of Wheat Ridge, a copy of which is attached hereto and expressly incorporated herein. Section 2. 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 3. 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 4. This ordinance shall become effective one day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 25th day of July , 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 Mondav, August 8 , 1988r at 7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 0 this 8th day of August , 1988. SIGNED by the Mayor on this 9th day of August 1988. A-Z. c l J ~.LcL/.~ Dan Wilde, Mayor ATTEST: Wanda Sang,'~ity Clerk APPROVED AS TO FORM BY 1st Publication: July 28, 1988 OFFICE Q C -ATTORNEY 2nd Publication: August 11, 1988 Wheat Ridge Sentinel Effective Date: August 12, 1988 Job E. Hayes, City orney 2