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HomeMy WebLinkAboutResolution-1991-1268 RESOLUTION NO. 1268 SERIES OF 1991 TITLE: A RESOLUTION OF THE CITY OF WHEAT RIDGE AUTHORIZING THE MAYOR TO EXECUTE A WARRANTY DEED CONVEYING TITLE TO A PORTION OF PROPERTY LOCATED WITHIN STITES PARK WITHIN THE CITY OF WHEAT RIDGE TO JEFFERSON COUNTY, COLORADO, AND ACCEPTING A COMMISSIONERS' DEED FROM THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF JEFFERSON FOR THE SAME PROPERTY, AND FURTHER ACCEPTING REIMBURSEMENT FROM THE COUNTY OF JEFFERSON IN THE AMOUNT OF $7,500.00 FROM THE CITY'S ATTRIBUTABLE SHARE OF THE JEFFERSON COUNTY OPEN SPACE FUND TO COVER THE COSTS OF SAID TRANSACTION. WHEREAS, the City Council of the city of Wheat Ridge has previously authorized the acquisition from the City and County of Denver, acting by and through its Board of Water Commissioners, of an interest in a portion of the city's property known as stites Park, which interest was previously held by the Denver Board of Water Commissioners; WHEREAS, the city Council of the city of Wheat Ridge has previously authorized the City to seek reimbursement for said acquisition from the Board of County Commissioners of Jefferson county, Colorado; WHEREAS, as a portion of the Closing necessary to effect the required transfers of title from the City to Jefferson County, and from Jefferson county to the City, it is necessary that the City Council authorize the Mayor to execute a warranty Deed and deliver the same to the Board of County Commissioners; WHEREAS, as a part of said transaction, the Board of County commissioners have caused a Commissioners' Deed to be executed contemporaneously with delivery of the City'S Warranty Deed to the county, thereby revesting title in the property in the City of Wheat Ridge, subject to the county's required language of reversion; WHEREAS, the City Council of the City of Wheat Ridge wishes to accept the Commissioners' Deed attached hereto as Exhibit A and expressly incorporated herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: 1. The Mayor is authorized to execute a General Warranty Deed thereby conveying an interest in the property owned by the city of Wheat Ridge known as Stites Park. 2. The City council does hereby accept the Commissioners' Deed attached hereto as Exhibit A and expressly incorporated herein. 3. The City council does hereby accept reimbursement from the city's attributable share of the Jefferson county Open Space Fund in the amount of $7,500.00, less closing fees. 4. Upon conclusion of the transactions authorized and approved herein, the city of Wheat Ridge shall be the sole owner of the property known as stites Park, situate within the City of Wheat Ridge. DONE AND RESOLVED this 14th day of October , 1991. ~.Al;,,-~ Dan Wilde, Mayor 10/07/91 14:10 '3'303 277 8333 JEFFCO ClY AllYS IilIOOV004 , . COMMISSIONER'S DEED THIS INDENTURE is made this 1 (j;.dl1Y offL'I. ,1991, between the county of Jefferson, State of C~ body pOlitic and corporate, (the "County"), whose legal i!l.ddre86 is 1700 Arapahoe Street, GOlden, Colorado 80419, acting by and through its duly constituted and appointed Commissioner, John P. Stone, to convey and to execute this deed, and the City of Wheat Ridge, State of Colorado, a municipal corporation ("Wheat Ridge"), whose legal address is 7500 West 29th Avenue, P. O. Box 638, Wheat Ridge, CO 80034. WITNESSE'l'H THAT WHEREAS, the Board of County commissioners of the County of Jefferson, State of Colorado, did at a regular meeting of said Board h d a the Courthouse in said County on the o/~day of , 1991, duly adopt and pase Rssorutron NO. C 91-710 authorizing the conveyance of the hereinafter described real property to Wheat Ridge and did by said Resolution appoint and constitute the undersigned as Commissioner to convey and execute dsed for said real property to Wheat Ridge for and on behalf of the said county of Jefferson, State of Colorado, a body politic and corporate, and did further authorize the undersigned to execute this deed and to affix the sBal of said County hereto. NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of Ten Do11ars ($10.00) and other good and valuable consideration, in hand paid by Wheat Ridge to the County of Jeffereon, State of colorado, a body politic and corporate, receipt of which 18 hereby confessed and acknowledged, the undersigned, acting a8 Commissioner aforesaid, does by these presents remise, release, sell, convey, and quit claim unto Wheat Ridge its successors and assigns for so long as the fOllowing described property is used exclusively for public open space, park and recreational purposes and no longer, all the right, title, interest, claim and demand which said Jefferson county, State of Colorado, a body politic and corporate, has in and to the following described real property situate, lying and being in the County of Jefferson, State of Colorado: -1- EXHIBIT A 10/07/91 14:11 '5'303 277 8333 JEFF CO CTY ATTYS I4J 003/004 , . A parcel of land in ~he Northwest Quarter of the Southwest Quarter of Section 25, Township 3 South. Range 69 West of the Sixth Principal Meridian, City ~f Wheat Ridge, County of Jefferson, State of Colorado, more particularly described as follows: A portion of Lot 4. Block 4, Amended Plat of HENDERSON'S SUBDIVISION. recorded in Plat Book 1. Page 2,3, more particularly described as follows: Beginning at a Denver Water Department (D.W.D.) brass cap on the North boundary of West 29th Avenue from which a D.W.D brass cap at the intersection of the North boundary of West 29th Avenue and ~he West boundary of Newland Street bears N 89 degrees 47' 30" E, a distance of 134.69 feet: thence continuing along said North boundary S 89 degrees 47' 30" W 118.32 feet to a p.W.D brass cap: Thence N QO degrees 19' 48" E - 19.48 feet to a D.W.D. brass cap: Thence N 49 degrees S8. 12" E - 127.53 feet. to a D.W.D. brass cap: Thence N 30 degrees 14' 35" E - 241.40 feet to a D.W.~. brass cap: Thence N 30 degrees 46. 45" E 12.04 fee~ to a D.W,~. brass cap: Thence N 89 degrees 48. 19" E 26.58 fee~ ~o a D.W.D. brass cap: Thence S 00 degrees 09. 49" E -112.50 fee~ to a n.W.D. brass cap: Thence S 30 degrees 14' 35" W - 169.79 feet to a D.W.n. brass cap: Thence S 38 degrees 35' 23" W . 77.88 feet to the Point of Beginning, County of Jofferson. Stato of Colorado. TO HAVE AND TO HOLD the same, together with all and singular appurtenances and privileges thereunto belonging or in any way thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of said Jefferson County, State of Colorado, either in law or equity, to the only proper use, benefit and behoof of Wheat Ridge, its successors and assigns but if Wheat Ridge shall use said property for any purpose other than public open space, park and recreational purposes, said property shall revert to the County and this deed shall be null and void, ATTEST: COUNTY OF JEFFERSON STATE OF COLORADO ~4~BYJ_ ~:::t.~~ to convey and to execute deed for end on behalf of the county of Jefferson, State of Colorado -2- 10/07/91 14'11 'B303 277 8333 JEFFCO ClY AllYS . . STATE OF COLORADO ) ) ss. ) COUNTY OF JEFFERSON @004/004 The foregoing commissioner's Deed was executed before me thisl-day of(JC~O"'cl'" , 1991, by John P. Stone, Chairman of .~~'~~~, of County CommissionQrs, County of Jefferson, State o ~'~~~!;l~4;ae-b '..... ~<Q'(. ~..., .,.~.~ ~ ;? > . . ~ "... ~ i " ~~ITNE'SS.J my:, hand and official aeal. ~ .'. f My' .s:omml\~~on eKpires '-\. ~ -q '"' :.:'" to ~. . : S. \.1' , I 1 -;. .... ....(j ,",' J'"3 ~ ~ ;1'1:,. ( ~ ~ I , ~ d"~. ~ ~ ~ 100 . ~, ~ "'....-,.:J:t--"'.:-..{.: f"l\. ....'It,... 'I.,... ~{J,-.. ~4~"::\..\:' "I\\;. .,~ r ",... .'. 1;'0".11....;.' ~~. ~ ~-\ QO Notary P1iliJ,ic APPROVED AS TO FORM: ~ -3-