HomeMy WebLinkAboutResolution-1993-1348
RESOLUTION NO. 1348
Series of 1993
TITLE:
RESOLUTION APPROVING INTERGOVERNMENTAL AGREEMENT OF
THE CITY OF WHEAT RIDGE WITH COLORADO DEPARTMENT OF
TRANSPORTATION, AND DWAINE AND VIRGINIA RICHTER, DBA
70 WEST BUSINESS CENTER
WHEREAS, Section 14.2 of the Home Rule Charter of the
City of Wheat Ridge requires that all intergovernmental
agreements entered into by the City be approved by resolution;
and
WHEREAS, it is in the City's best interest to enter into
the attached Agreement between and among the Colorado Department
of Transportation, formerly known as Colorado Department of
Highways, the City of Wheat Ridge, and Dwaine R. and Virginia L.
Richter-owners dba 70 West Business Center; and
WHEREAS, the purpose of the Agreement is for the
construction of a roadway north of W. 32nd Avenue, and directly
west of 1-70 on property currently owned by Mr. Dwaine Richter;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Wheat Ridge, Colorado, as follows:
I. That certain Agreement between and among the City of
Wheat Ridge, Colorado, and the Colorado Department of
Transportation, and Dwaine and Virginia Richter, doing business
as 70 West Business Center, is hereby approved.
2. The Mayor and City Clerk are authorized to execute
said Agreement.
DONE AND RESOLVED this 26th day of April, 1993.
ATTEST:
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Wanda Sang, Ci~y Clerk
AGREEMENT
This Agreement is made between and among the Colorado Depart-
ment of Transportation, formerly known as the Colorado Department
of Highways, the City of Wheat Ridge, Colorado, and Dwaine R. and
Virginia L. Richter-Owners dba 70 \vest Business Center.
RECITALS
1. The Colorado Department of Transportation, as the Colo-
rado Department of Highways, after acquiring certain parcels of
land in 1961, designed and constructed both the off-ramp on the
west side of 1-70 intersecting with \vest 32nd Avenue, ln the City
of Wheat Ridge, and the West Frontage Road of 1-70 North of West
32nd Avenue, under Project I 70-3 (43) 271.
2. The Colorado Department of Transportation and the City
of Wheat Rldge agree for improved traffic flow and safety it is
necessary that the southerly intersection of the West Frontage
Road be relocated westerly from the existing intersection with
West 32nd Avenue, which is immediately proximate to the inter-
section of the off-ramp with West 32nd Avenue.
3. The City of Wheat Ridge, in cooperation with the Colo-
rado Department of Transportation (formerly the Colorado Depart-
ment of Highways), placed a restriction on the plat of 70 Ilest
Business Center that no development on Lot 3 would take place
until negotiations for the relocation of the West Frontage Road
were completed among the three parties to this agreement. This
restriction was placed upon the plat on or about July 9, 1984.
4. The land occupied by 70 West Business Center and the
West Frontage Road, insofar as it pertains to this agreement,
were annexed into the City of Wheat Ridge on or about April 11,
1974.
5. The land known as 70 West Business Center was zoned
as a planned commercial district with certain specified uses
with an approved outlined development plan on or about June
20, 1975.
6. In recognition of the traffic concerns, the Colorado
Department of Transportation, the City of Wheat Ridge and 70
Ilest Business Center wish to provide for the acquisitlon of prop-
erty, to design{ construct, operate and maintain a relocated por-
tion of the West Frontage Road.
-1-
In consideration of the intent of the three parties, each
party agrees with each of the other parties, and all agree among
each other, with the agreements each contingent upon the other,
as follows:
1. The City of Wheat Ridge agrees to construct a relocat-
ed Youngfield Service Road (otherwise known as the v~est Frontage
Road) as shown on attached dra\vings and legal descriptions known
as Parcel A and Parcel B. These attachments are made a part here-
of as though fully set forth.
2. The City of Wheat Ridge agrees to taKe the relocated
portion of the West Frontage Road onto the City street system.
The City of Wheat Ridge will undertake all jurisdiction, includ-
ing safety, maintenance and repair, and other concerns in respect
to the relocated portion of this roadway.
3. The City of Wheat Ridge will install a n01se barrier
in place of the existing visual protection fence on the berm run-
ning in a north-south direction on the west property line of 70
vvest Business Center at its own cost. The City shall be respon-
sible for damage, if any, done to the existing sprinkler system
installed by 70 West Business Center for the maintenance of
grass and other foliage, as required by the City of Wheat Ridge.
70 West Business Center shall maintain the said noise barrier.
70 West Business Center shall grant the City of Wheat Ridge the
appropriate rights to enter upon the property to install the
said noise barrier.
4. The Ci ty of 'riheat Ridge shall give full opportunity J-;" ,/1
to 70 vvest Business Center to review and approve the design of '41'1/
the sound barrier, which approval shall not be unreasonably wi th- ASI;'~
held. ~'O \~c..3t Dl:LJin::s6 CiJAtgr f:h:lll Lave tilL riC3~t to f:ii21t:. rc- 1J~-/
dEGlIH; 1;:9 GlFlfoI'eo t.l:lQ r~llireffleRt of ffiail'i~gl'lJ.I'lCg, by I;:);}e Cit) of ,-)1'1/
W.e6. t Ris92, ~f U.e j8UR8. B::lrr j .....1:'. P
5. The City of Wheat Ridge currently has in effect both
an Enhanced Sales Tax Incentive Program ("ESTIP") and a Business
Development Zone ("BDZ") provision as separate parts of its Sales
and Use Tax Ordinance. The City agrees to consider in good faith
any application by the Richters or their successors for inclusion
in either program for the purpose of allowing the Richters or
their successors to share in "enhanced sales tax" and/or "expect-
ed incremental future sales and use tax revenue", as those terms
are now, or as they may in the future be, defined. Any monies
so received by tne Richters or their successors pursuant to an
agreement approved under eitner or both of such progralns may be
-2-
applied to the costs incurred, if any, by the Richters or their
successors, in installing (when applicable MUTCD warrants are
met) signalization of the intersection between the relocated
Youngfield Service Road and West 32nd Avenue, and the relocation
of any or all utilities (including gas, electric, water, sewer
and telephone) and utility lines and facilities presently situate
upon or within the property desccibed as the 10 West Business
Center. Nothing contained in this paragraph shall limit the
Richters or their successors from applying for permission to
make additional uses of any funds agreed to be shared by the
City under either- the "ESTIP" or "BDZ" programs.
6. 70 West Business Center sha~l relinquish and convey
to the City of Wheat Ridge its right, title and interest to
Par-cel A for the purpose of constructing, maintaining and op-
erating the relocated Youngfield Service Road prior to the City
signing a contract for constr-uction of the said relocated Young-
field Service Road.
7. ,U West Business Center has supplied, at its own ex-
pense, construction drawings for the construction of the described
relocated Youngfield Service Road. The City of Wheat Ridge shall
shall supply to 70 >Jest Business Center its officially approved
construction drawings for review prior to bid.
8. 70 West Business Center shall accept as consideration, "~
together with the consideration of the mutual promises otherwise //ltJ(
contained herein, that portion of the existing Youngfield Service
Road whiCh is known as Parcel C in the attachment to this a,:!ree- .//~1il V
ment. r u
')v f)vE<..r rc' .7'p,,7eCtl-JL ;5.
9. The Colorado Department of Transportation, -thr?'l Jh the '/
Highway Commission, shall consider Parcel C to be ab1ndoned when 0J'
the relocated Youngfield Service Road, as shown in Parcels A and
B, is completed, and title is to be transferred to the adjacent
land owner which is agreed to be Dwaine R. and Virginia L. Richter
as Fee Owners of 70 West Business Center, no later than thirty . .J'
(30) .days subsequent to the openin,:! of the relocated Youngfield c~/.~ /
Servlce Road to trafflC. The transfer of tltle to Parcel C shall . \\~~
be by deed, ~cehec-€-e-l0ra-00- -Department.. of-'l'ransportat.lon shall~ VI
sttp:p.:Ly-_ti:t:.le=iftsurnnce to said property an---terms acceptable to ,l/'"
1:0:' .\-/=st".cBusin:e:ss Center.
10. The Colorado Department of Transportation shall propose
the necessary resolutions and documents to the Transportation
Commission for the approval process necessary to transfer Parcel
C to 70 West Business Center.
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11. The Colorado Department of Transportation shall review,
where necessary, the construction drawings and shall cooperate
with, and give reas~nable assistance required to, the City of
~Iheat Ridge in respect to the construction of the relocated
Youngfield Service Road.
12. The Colorado Department of Transportation shall transfer
such trafflc signalization equipment as is available at the lnter-
section of the existing West Frontage Road and West off-ramp of
l-~O, and West 32nd Avenue, to the City of Wheat Rldge.
13. Upon the signature of all parties to this agreement,
the City of Wheat Ridge shall forthwith initiate and move forward,
consistent with its own ordinances and procedures, to prepare
and publish a bid package for the construction of the relocated
West Frontage Road on the alignment in accordance with the exist-
ing and outstanding resolutions of the City Council ot the City
of Wheat Ridge providing for funding of this construction and
providing for the alignment of the relocated West Frontage Road.
The City of Wheat Ridge shall further process all necessary
steps to construct the described relocated "est Frontage Road
expeditiously 50 that the road may be open to traffic during
the 1993 construction season.
14. lhe City of Wheat Ridge shall execute and furnish
to ~O West Business Center so that it may record with the Clerk
and Recorder of Jefferson County a document describing to the
public that the restriction on development of Lot 3 on 70 West
Business Center, recorded at Book 79, Page 47, of the records
of Jefferson County, REC No. 8~076366, dated August 13, 1934,
has been removed. The aforesaid document signifying the removal
of the described restriction shall be executed and delivered to
~O West Business Center no later than thirty (30) days after
the signing of this agreement.
15. The City of Ilheat Ridge will give the Colorado Depart-
ment of Transportation the necessary documentation that the prop-
erty known as Parcel C is not necessary for use as a public high-
way, lS within the City boundariesr and will not be placed upon
the City street system and, therefore, should be abandoned and
conveyed and deeded to the adjacent land owners of 70 West Busi-
ness Center.
16. That curb cuts on the relocated Youngfield Service Road
shall exist as shown on the construction drawings, and shall be
constructed witnin the City of Wheat Ridge construction project
for the relocated Youngfield Service Road. The aforesaid curb
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cuts may be adJusted, at the sole expense of the property owner,
at the time of the f111ng of any final development plan for de-
velopment on iO \~est Business Center upon approval by the City
of Wheat Ridge which approval shall not unreasonably be witnheid.
approved as to form:
/'
John E. Hayes
City Attorney
City ~f Wheat Ridge
Colorado
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Wanda Sang
City ClerK
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City of Wheat Riage
Colorado
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Timothy J. it is,
Chief Clerk
Department of Transportation
State of Coloratb
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Robert L. Clevenger,
Chief Engineer
Department of Transportation
State of Colorado
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70 West pusiness cente~)
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Dwain~ R. Richter
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Vlrglnlo L. Rlchter
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I=> ARCEL
(PROPOSED RIGHT-OF- WAY)
tJ .. 29' 5:2' 08"
R ::> 175.00'
L '" 91.23'
CHD '" S 75' 24' 56~ E
CHD - 90,20'
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CHO = N 42' 36'
CHO = 171.74'
LOT 1
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70 I WEST
BUSINESS CENTER
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LOT 3
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WEST QUARTER CORNER PARCEL "A"
SEe 29, T,] S"R.69 W, 6TH P,M
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~FRASIER ENGINEERING CO
~ ENGINEERS & SURVEYORS
____ 10375 E. HARVARD SUITE 207
-0 OENVER COLORAOO 80231
(3'03) 751 -9151 \ 70W8C\PARCELA
10-21-91
2-20-92
4-03-92
PARCEL "A"
(PROPOSED RIGHT-OF-WAY
FROM RICHTER)
DESCRIPTION
A strip of land situated in, over and across lots 7 and 2, 70 West Business Center, City of
Wheat Ridge, County of Jefferson, State of Colorado, described as follows:
Beginning at a point on the south line of said lot 7 whence the southwest comer thereof
bears S. 890 43' 30" W. a distance of 100.87 feet and whence the west quarter corner of
Section 29, T. 3 S.,R. 69 W., of the 6th P.M. bears S. 860 14' 07" W. a distance of 661.68
feet;
1. Thence S. 890 43" 30" W. along the south line of said lot 7, a distance of 46.13 feet to a
point of non tangent curve;
2. Thence northeasterly along a nontangent curve to the left having a radius of 26.50 feet and
a central angle of 540 32' 10" an arc distance of 25.22 feet, the chord of which bears
N. 260 28' 53" E. a distance of 24.28 feet, to a point of tangent;
3. Thence N. 000 47' 12" W. a distance of 27.08 feet, to a point of curve;
4. Thence along a curve to the left having a central angle of 230 30' 00" and a radius of 190.00
feet an arc distance of 77.93 feet, the chord of which bears N. 120 32' 12" W. a distance of
77.38 feet, to a point of tangent;
5. Thence N. 240 17' 12" W. a distance of 36.97 feet, to a point of curve;
6. Thence along a curve to the right having a central angle of 230 30' 00" and a radius of
125.00 feet an arc distance of 51.27 feet, the chord of which bears N 12032' 12" W. a
distance of 50.91 feet, to a point of tangent;
7. Thence N. 00047' 12" W. a distance of 280.46 feet, to a point of curve;
8. Thence along a curve to the right having a central angle of 860 46' 52" and a radius of
125.00 feet an arc distance of 189.33 feet, the chord of which bears N. 420 36' 14" E. a
distance of 171. 74 feet, to a point of reverse, nontangent curve on the northerly line of said
lot 7;
9. Thence southeasterly along the northerly line of lot 7 and lot 2 along a nontangent curve to
the left having a central angle of 29052' 08" and a radius of 175.00 feet an arc distance of
91.23 feet, the chord of which bears S. 750 24' 56" E. a distance of 90.20 feet to a point of
tangent;
10. Thence N. 890 39' DO" E. along the north line of lot 2 a distance of 180.12 feet, to the
northeast corner of said lot 2;
11. Thence S. 000 30' 00" E. continuing along the boundary of said lot 2 a distance of 17.60
feet;
12. Thence S. 890 38' 00" W. continuing along the boundary of said lot 2
a distance of 32.80 feet;
13. Thence S. 060 31' 00" W. continuing along the boundary of said lot 2 a distance of 7.95
feet;
14. Thence S. 890 39' 00" W. parallel with and 25.50 feet south of the north line of said lot 2
a distance of 225.60 feet;
15. Thence S. 000 21' 00" E. a distance of 1.60 foot to a point of non tangent curve;
16. Thence southwesterly along a nontangent curve to the left having a radius of 85.00 feet and
a central angle of 830 37' 42" an arc distance of 124.06 feet, the chord of which bears
S. 410 01' 39" W. a distance of 113.34 feet, to a point of tangent;
17. Thence S. 000 47' 12" E. a distance of 270.39 feet, to a point of curve;
18. Thence along a curve to the left having a central angle of 230 30' 00" and a radius of 75.00
feet an arc distance of 30.76 feet, the chord of which bears S. 120 32' 12" E. a distance of
30.55 feet, to a point of tangent;
19. Thence S. 240 17' 12" E. a distance of 85.97 feet, to a point of curve;
20. Thence along a curve to the right having a central angle of 230 30' 00" and a radius of
125.00 feet an arc distance of 51.27 feet, the chord of which bears S. 120 32' 12" E. a
distance of 50.91 feet, to a point of tangent;
21. Thence S. 000 47' 12" E. a distance of 21.76 feet;
22. Thence S. 420 54' 31" E. a distance of 38.69 feet, to a point on the south line of said
lot 7;
23. Thence S. 89043' 30" W. along the south line of said lot 7 a distance of 50.95 feet, to the
point of beginning;
The parcel described above contains 41,282 square feet, or 0.948 acre, more or less.
Bearings are based on the plat of 70 West Business Center.
Prepared by:
Frasier Engineering Company
October 22. 1991
Revised April 3, 1992
Job No. 3902-013
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CliO = N 751, 2-1' 56" W
CliO ~ 90,20 / f
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SEC. 29, 1.3 S ,R 69 W, 6TH r,M
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LOT 3
WEST 32nd AVENUE
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~ EHGINEERS & SURVEYORS
_ 10375 E. HARVARD, SUITE 207
-0 DENVER. COLORADO 80231
(303) 751-9151
\ 70WSC\ PARCELS
10-22-91
2 20 92
PARCEL "B"
(PROPOSED RIGIIT-OP-W A Y
FROM LA QUINTA)
DESCRIPTION
A strip of land situated in, over and across loti, 70 West Business Center, City of Wheat
Ridge, County of Jefferson, State of Colorado, described as follows:
Beginning at the southeast corner of said loti whence the west quarter corner of Section 29,
T. 3 S.,R. 69 W., of the 6th P.M. bears S. 560 30' 14" W. a distance of 1152.80 feet;
1. Thence S. 890 39" 00" W. along the south line of said Jot 1 a distance of 180.12 feet, to a
point of curve;
2. Thence continuing along said south line along a curve to the right having a radius of 175.00
feet and a central angle of 290 52' 08" an arc distance of 91.23 feet, the chord of which bears
N. 750 24' 56" W. a distance of 90.20 feet to a point of nontangent, broken curve;
3. Thence easterly along a nontangent curve to the right having a radius of 125.00 feet and a
central angle of 030 39' 20" an arc distance of 7.98 feet, the chord of which bears
N. 870 49' 20" E. a distance of 7.97 feet;
4. Thence S. 00021' 00" E. a distance of 1.00 foot;
5. Thence N. 890 39' 00" E. parallel with and 22.50 feet north of the south line of said lot 1
a distance of 214.05 feet;
6. Thence N. 49054' 17" E. a distance of 58.65 feet, to a point on the east line of said lot 1;
7. Thence S. 000 30' 00" E. along the east line of said lotI a distance of 60.00 feet to the point
of beginning;
The parcel described above contains 6,211 square feet, or 0.143 acre, more or less.
Bearings are based on the plat of 70 West Business Center.
Prepared by:
Frasier Engineering Company
October 22, 1991
Revised February 20, 1992
lob No 3902-0 JJ
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SEe 29, T.3 S.,R.69 W, 6TH PM
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LOT 7
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WEST 32nd
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.b=7FRASIER ENGINEERING CO
~ ENGINEERS & SURVEYORS
_ 10375 E. HARVARD, SUITE 207
-0 DENVER, COLORADO 80231
(303) 751-9151
\ 70WBC\PARCELC
10-22-91
3-11-92
PARCEL "C"
(EXISTING HIGHWAY RIGHT-OF-WAY)
DESCRIPTION
A parcel of land situated in the northwest quarter of Section 29, T.3 S., R. 69 W. of the
6th P.M., County of Jefferson, State of Colorado, described as follows:
Beginning at the southeast corner of lot 7, 70 West Business Center, whence the West
quarter corner of said Section 29 bears S. 860 33' 43" W. a distance of 724.88 feet;
1. Thence N. 890 43" 30" E. a distance of 29.00 feet;
2. Thence N. 790 09' 50" E. a distance of 194.52 feet;
3. Thence N. 060 31' 00" E. parallel with and 76.67 feet east of the east line of lots 2 and 3
of said 70 West Business Center, a distance of 559.64 feet, to a point on the extension of the
north line of said lot 2;
4. Thence S. 890 39' 00" W. along the said extension of lot 2 a distance of 25.00 feet;
5. Thence S. 000 21' 00" E. a distance of 25.50 feet;
6. Thence S. 890 39' 00" W. parallel with and 25.50 feet south of the said extension a distance
of 55.30 feet, to a point on the east line of said lot 2;
7. Thence S. 060 31' 00" W. along the east line of said lots 2 and 3 a distance of 539.55 feet,
to the southeast corner of said lot 3;
8. Thence S. 890 43' 30" W. along the south line of said lot 3 a distance of 142.60 feet, to the
southwest corner of said lot 3;
9. Thence S. 000 47' 15" E. along the east line of said lot 7 a distance of 30.00 feet, to the
point of beginning;
The parcel described above contains 45,176 square feet, or 1.037 acre, more or less.
Bearings are based on the plat of 70 West Business Center.
Prepared by:
Frasier Engineering Company
October 22, 1991
Job No. 3902-013
Rev. March 11, 1992