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Home My WebLink AboutOrdinance-1998-1116 REeEY r I ON NO. F062(JS98 46. Ot) 236 RECORDED IN JEI RSON COUNTY, COLORADO FO~2.o5cf6 INTRODUCED BY COUNCIL MEMBER PC <)UOI-009 5/29/98 14:06:17 Dalbec C l (", \\G' ;L/ Council Bill No. 12 Ordinance No. -lll6 Series of 1998 c\ 1/ · AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY KNOWN AS PARCEL 2 OF THE 44th INDUSTRIAL PARK PROPERTY GENERALLY LOCATED SOUTH OF 44TH AVENUE, NORTH OF HIGHWAY 58, WEST OF INTERSTATE 70 AND EAST OF ELDRIDGE STREET IN JEFFERSON COUNTY. WHEREAS, pursuant to the laws of the State of Colorado, there was presented to the City CouncIl of the City of Wheat Ridge, Colorado, wntten petItIOn for annexation to and by the City of Wheat Ridge, Colorado, of that property descnbed m attached Exhibit A, bemg contIguous unmcorporated tern tory contiguous to the City and situated, lymg and bemg m the County of Jefferson, State of Colorado (the Property), and WHEREAS, the Property IS further descnbed on the AnnexatIon Map attached hereto as Exhibit B, and WHEREAS, the owners of more than fifty percent (50%) of the Property have petItIOned for annexatIOn, and WHEREAS, the City Counctl of the City of Wheat Ridge, Colorado, has conducted a pubhc heanng as required by law to determine the ehgibility for annexatIOn of the Property; and WHEREAS, the City Counctl of the City of Wheat Ridge, Colorado, has satIsfied Itself concermng the ehgiblhty for annexatIOn of the Property, and concermng the conformance of the proposed annexatIOn to the apphcable law and the annexatIOn pohcy of the City of Wheat RIdge, Colorado BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO' Section 1 The annexation to the City of Wheat Ridge, Colorado, of that Property described in attached Exhibit A, situated, lymg and bemg in the County of Jefferson, State of Colorado, meets all reqUIrements of law and the annexation pohcy of the CIty of Wheat Ridge, and therefore, and is hereby approved and made effective Section 2, Rezoning of the Property shall be completed simultaneously with the annexation of the Property pursuant to the Home Rule Charter and Code of Ordinances of the CIty of Wheat Ridge, SectIOn 3 The City Counctl hereby approves the AnnexatIOn Agreement which IS attached as Exhibit C SectIon 4 Upon the effective date of thIs OrdInance the Property shall become subject to the laws of the State of Colorado pertaInIng to cItIes and to the Charter and all ordInances, resolutIOns, rules and regulations of the CIty of Wheat Ridge, C\__ , SectIOn 5 The CIty Clerk shall file for recordIng one certIfied copy of the AnnexatIon OrdInance and one copy of the AnnexatIOn Map WIth the Clerk and Recorder ofthc County of Jefferson. State of Colorado SectIon 6 The CIty Clerk shall file one certdied copy of the Annexation OrdInance and one copy of the Annexation Map with the Secretary of the State of Colorado SectIOn 7 ThIS annexatIOn shall become effectIve upon the filIng for recordIng of the certIfied copy of this Annexation OrdInance and the Annexation Map WIth the Clerk and Recorder for the County of Jefferson, State of Colorado, which filIng for recording shall be accomplIshed no sooner than mnety (90) days from the date of adoptIOn of thIS ordInance on second reading, INTRODUCED, READ, AND ADOPTED on first readIng by a vote of L to ~ on this13thdayof April , 1998, ordered publIshed in full In a newspaper of general circulatIOn In the CIty of Wheat Ridge and Public Heanng and conSIderation on final passage set for May 11 , 1998, at 7 '00 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 8 to ~. thIS 11 th day of May , 1998 SIGNED by the Mayor on thIS 12th day of May , 1998 ATTEST Wanda Sang, City Clerk PublIshed, 1 st PublIcatIon. 2nd PublIcatIOn, Wheat RIdge Transcnpt April 17, 1998 May 15, 1998 OrdInance No 1116 Page 2 >- a.. 8 rr o o 0.. ( ( EXHIBIT A LEGAL DESCRIPTION - PARCEL 2 '1 A PARCEL OF LAND IN SECTIONS 19 AND 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST or THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT A POINT mOM WHLNCE THE EAST QUARTER CORNER OF SAID SECTION 19 BEARS S89'23'n"w A DISTANCE OF 20000 FEET, THENCE. S89'23'23"W A DISTANCE OF ~oo 00 FEET TO SAID EAST QUARTER CORNER OF SAID SECTION 19; THENCE. 1,[ C'l~C THE EAST LINE OF SAID SECTION 19, SOO"22'26"W A DISTANCE OF 27538 IfL T THENCE, S8T15'49"W A DISTANCE OF 24~6 00 FEET THENCE, N76'OG'S6" f'. [)!'..,Tt;Wl or- 20016 fTEl TO THf NORTH-SOUTH CENTER SECTION LINE or Sf-i[: ;[CIION 19, IHENcr, Ai ONG SAID NORTH-SOUTH CtNTf.R SE(110N Ilt'H. :')('l"OM43"W A DISTANCE 01 27894 rEET TO THE SOUTlllRLY RICHT Of- WI,)' LlNF (,; 44 fH A\!Et~lJf AI~[) A CURvr TO THE LEFT WHICH HAS A DU TI, Of 06'11'50", I, RA[)11IC, OF 99:,00 ITU AI~LJ A CHORD BEARING or t~80'22'35''[, mrr,cr, rL\-NG ',f,lrI M:C 1\ DISTNKL ur 10767 rEEl, Ti-WNCE, N77"i6'40"[ A 01':- TANCF or 174 J n FEET TO THE ell 1 OF WHEAT RIDGE BOUNDARY, THEIKE, DU" Mnll"r rR(,I\~ SAID RIGHT m WAY, AlONG SAID WHEAT RIDGE BOUNDARY, 572"1O'7'1"E f'. [Ii'TAN('f or 109317 fiT r, At~D TO THE EAST-weST CEtHER SECTION LlN! or :",[[ <~U:fION 20 TO WL !'OINT Of BEGINNING. cOtd/,ltoJlNG l,.307,SOG 54 SOllt,Rf. If I j OP ,3002 ACRrs. 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"~~E~i~ a~ "ji :;~~~ i:i~~~~:~;~:ii;;;;~i~i a ~. ~ ~~~i~ ~ :~~ . ~ ~ ~~ :I "V~:Zlil o' ~ Iz~z' ~iI · ".~ ~ 3"t'" ~~"~ . ~a8 ~<r n ~ '~e~ liI ;~gi ~g'~ ~ .ilj~ E~ "e~~~~ i~~~'~a~~~~U~ ~~E~ i ~ -~~ ~ ~in!i iii.. ~ a.i!G~~ lil. c;.. ~ ~<... lil x" ~..lil~,_....~""'~t _~ I.~ <<i . 1iI;:Q~""'" ~~ ~ ~ hail~ i~~ iiU~ ijn~i~U~~~a~:;~i~~; f ~ I .~ q'~ ~~ . ~ m~8 ~I ~ ~o ~ i~ ~:e~i ~~ -; · ~~N ~~ n~~~ iI ";~~~:~i1~eJ~~' N i ~ ~~~. I ~~~ii m ~~;~; ~1!~;g~~~:ii!I!lai:li .~~ ~~. ~~ ~ IJ ~~~ f8 ~ ~~~ j ~t2~ . ~. ~~ ail . i a~ ~~>~~~~: (~ ihi ~ ~ . ~~ ~ p ANNEJQ, TIOH IIN' NO,9&-' W HI R.wI.lon. ~ I. O+-I$-lNJ I 2.~~9lI - e. _ALLAIID~AIQ~ cmr._ .1 ~01-M ~ t i ....m INDUSTRIAL PARK -, ;.. r b &0' VlOL.LT ,.,..,.,IEl[T. OOl....OltN. COL.O......OO .0...0. ....TH AVENUE 4c 1-70 . JEFFERSON COUNTY. COLORADO & ~ ;:: ~ .....ONl[ (30~) :;1:'7'-80'7' "...... (303) 27'-80'1'3 ~ m >< ::z: - III - -I - - III - - EXHIBIT "C" ANNEXATION AGREEMENT ~ ,1 THIS ANNEXATION AGREEMENT made and executed this 11 th day of May , 1998. by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado home rule mUniCipal corporation (hcrcmafter rcfcrrcd to as the "City"), and Tom Hartley or hiS assigns (heremafter referred to as the "Landowner") PARCEL 2 / WITNESSETH Whereas, the City of Whcat Ridge, Colorado. is a Colorado home rule mUniCipal corporatIOn, possessmg all of the powers and authoritIes granted to It pursuant to Article XX of thc constitutIOn ofthe State of Colorado, the Home Rule Charter of the City as adopted by the reSidents and electors of the Clty, and those State Statutes applicable to the City, which statutes mclude the MUillClpal Annexation Act of 1965, C,R.S 9 31 ~ 12~ I 01. et seq, and Whereas, Tom Hartley IS the Landowner of that certam real property which IS Identified m Exhibit A. whlch IS attached hereto and expressly mcorporated herein, which property IS contiguous to the corporate boundaries of the City of Wheat Ridge, and which is eligible for annexation mto the City of Wheat Ridge; and Whereas, the City wishes to annex the property described m Exhibit A, and the Landowner of the property described in Exhibit A. wishes to have the same annexed mto the City, subject to alll1fthe terms and conditions set forth herem, and Whereas. the City and the Landowner wish to set forth m this Annexation Agreement all of the terms and conditions which shall be applicable to the annexation of said property mto the boundaries of the City, and whIch shall, pursuant to the terms hereof, govern certam aspects of the relatIOns between the partIes from and after the time of Said annexatIOn, NOW, THEREFORE, the parties hereto, for thcmselves, their heirs, successors and assigns, do hereby covenant, warrant. and agree as follows, Section I, Agreement Regarding ZOillng The property described 111 Exhibit A shall be re~zoned by the Wheat Ridge City Counc1l1l1 accordance With the proviSIOns of this paragraph. a. The property, which consists of 50 acres more or less, shall be zoned Planned Industrial Developmcnt (PID) With all permitted uses as listed 111 Exhibit B of the Ordmance zonmg the property SectIOn 2. Roadwav Inmrovements. The Landowner agrees to the followmg roadway Improvements associated With thiS annexation, 44'" Industrial Annexation Agreement Parcel 2 Page 1 a, The applIcant shall dedicate an additIOnal I 0 feet of nght~of-way for 441h A venue along the entire south side of 441h A venue adjacent to the subject properties. Said dedicatIOn shall occur at the hme of recordation of a FInal Plat for the project area. Section 3. Other Commitments. a. All comments and conditIOns of the City PublIc Works Department shall be met pnor to recordatIOn of the FInal Plat. I . U b A four foot wide contInUOUS sidewalk along the entire length and only on the north side of the Intenor roadway shall be constructed withIn the subdivIsIOn. c, Pnor to recordation of the Final Plat. IncorporatIOn of a plat note statIng that all bUIldIngs shall Include a spnnkler system which meets the approval of the Fairmont Fire ProtectIOn Dlstnct. d. The applIcant shall meet all reqUIrements of the Fmrmont Fire Protection Dlstnct includIng but not lImited to the Dlstnct' s letter dated April 16, 1998 e Pnor to recordatIOn of the Final Plat. IncorporatIOn of a plat note which states that no parkIng shall be permitted In the nght~of~way ofthe Intenor roadway f Pnor to recordation of the FInal Plat. the applIcant shall submit a commercial property owners associatIOn document which adequately addresses. a,) the maIntenance of the open space, b ) the fencIng adjacent to Highway 58, c ) the entry monument/slgnage adjacent to 441h Avenue, and d,) the maIntenance of the no parkIng signs. g, Pnor to the Issuance of any bUIldIng permits, the developer shall be reqUIred to Install no parkIng signs along both Sides of the Intenor roadway generally located adJacent to each Side lot lIne, ExceptIOn to thiS shall be at the Immediate corner of the Interior roadway and 44'h Avenue, MaIntenance of smd signs shall be the responsibilIty of the commerCIal propcrty owners assoClahon. h. The applIcant shall be responsible for all publIc Improvements, Said Improvements shall meet the approval of the Clty's PublIc Works Director SectIOn 4. Vested Rights, The Landowner agrees to waive any and all nghts which have vested as to the annexed property pnor to the date of annexatIon approval by the City Council of the City of Wheat Ridge SectIOn 5, ProVISIOn of Water and Sewcr SerVices, The Landowner acknowledges and understands that the City of Wheat Ridge does not provide water and/or sewer services, The Landowner shall be solely responsible for obtaining such services through Colorado speCial 44th Industrial Annexation Agreement Parcel 2 Page 2 distrIcts, or by prIvate contract, and acknowledges that the City has no responsibility whatsoever to provide said services. SectIOn 6, Contm~ent Nature of Agreement. ThiS Agreement IS expressly contmgent upon the fulfillmg by both Landowner and the City of all actIOns whIch are necessary to annex all of the property described m Exhibit A. If the annexatIOn of all of Said property, subject to all of the terms and conditions of this AnnexatIOn Agrecment. IS not accomplished, the City shall be obligated to llisconnect any portIOn of the property preVIOusly annexed mto the City upon receipt of a WrItten demand from the Landowner that said disconnectIOn actIOn take place, (', . I j , Section 7, Enforcement Remedies. a. The Landowner may enforce agamst the City through any eqUitable actIOn, mcludmg the seekmg of injunctive or mandatory mjunctlve relief, all of the proVISIOns of paragraphs 1,2,3,4.5 and 6 hereof b Any Citywide ordmal1ce which IS not mconslstent With any of the proVISions of paragraphs I and 2 above shall be applicable to and enforceable agamst thc Landowner or hiS successor, m the same manner as the same are enforceable agamst any other property owner wlthm the Clt) SectIOn 8, Agreement to be Recorded, ThiS AnnexatIOn Agreement shall be recorded b) the City upon ItS adoptIOn by the Wheat Ridge Clt) CouncIl. ScctlOn 9, Bmdmg on Successors, ThiS Annexation Agreement. and each and ever) provIsion thereof. shall be fully bmdmg upon each of the parties hereto, as well as any heirs, successors, or assigns of either party SectIOn 10, EntIre Agreement. ThiS Annexation Agreement constitutes the entire agreement between the parties, and supersedes an) other wntten agreements or any verbal understandmgs which may have been reached between the parties pnor to the executIOn hereof 44'" Industrial Annexation Agreement Parcel 2 Page 3 Section II, Amendmcnt. ThiS Annexation Agreemcnt may be amended only upon a wntmg signed by each ofthe parties after proper and lawful approval thereof by the City Council of the City of Wheat Ridge or the Landowner CITY OF WHEAT RIDGE. COLORADO a home rule muniCipal corporatIOn WANDA SANG. CITY CLERK ATTEST APPROVED AS TO FORM fi:~~f 44th Eldndge, LLC LANDOWNER / /.J ,......, ) /' / " ,/ uv\.- ,'-i ~ \ TonfHartley. Ma~ager " ~ ',-, I certify that the mformatlOn and exhibits herewith submitted are true and correct to the best of my knowledge Subscribed and sworn to me this 2L- day of .I I J,', 11" ,1998 N~A~lp:~{:d(UC ? ~EAL, ,~ ,,'_ o' \-il_.t.~. i} / :::if ,- .. """ ~1, C" '!' - . ' , . , , My CommissIOn Expires ~:,1... ;". , / ~~ ; ! :r"\H'amar<l\(,I"PJ'TS\^,iRf-~f'MTS\llaItlc\ wpd Page 4 44" lndustrial Annexation Agreement Parcel 2