HomeMy WebLinkAboutResolution-1993-1381
RESOLUTION NO. 1381
SERIES OF 1993
TITLE.
A RESOLUTION OF THE CITY OF WHEAT RIDGE AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT WITH JEFFERSON COUNTY,
COLORADO, CONCERNING OPEN SPACE PROPERTY REFERENCED
BELOW, AND TO EXECUTE A WARRANTY DEED CONVEYING TITLE TO
THREE PARCELS OF PROPERTY LOCATED 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 $48,520.00 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 obtained an interest in property described as follows:
PARCEL A. A PARCEL OF LAND LYING IN THE SOUTHEAST 1/4 OF SECTION
21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO,
DESCRIBED AS FOLLOWS:
THE WEST 15 FEET OF TRACT 1, BLEVINS SUBDIVISION, AS RECORDED IN
PLAT BOOK 29 AT PAGE 23, JEFFERSON COUNTY RECORDS.
PARCEL B: A PARCEL OF LAND LYING IN THE SOUTHEAST 1/4 OF SECTION
21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO,
DESCRIBED AS FOLLOWS:
THE WEST 15 FEET OF THAT PARCEL OF LAND AS DESCRIBED IN RECEPTION
NO. 86066524, JEFFERSON COUNTY RECORDS, TOGETHER WITH THE NORTH 15
FEET OF THE WEST 66.5 FEET OF SAID RECEPTION NO. 86066524.
PARCEL C: A PARCEL OF LAND LYING IN THE SOUTHEAST 1/4 OF SECTION
21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO,
DESCRIBED AS FOLLOWS
THE WEST 15 FEET OF LOT 23, GREEN VALLEY SUBDIVISION, AS RECORDED
IN PLAT BOOK 11, AT PAGE 34, JEFFERSON COUNTY RECORDS.
WHEREAS, the City Council of the City of Wheat Ridge has
previously authorized the City to seek reimbursement for work to be
done on said property from the Board of County Commissioners of
Jefferson County, Colorado;
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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 the referenced Agreement
with Jefferson County, Colorado, concerning thls open space
property, and 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 will 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 from Jefferson County, Colorado.
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 the referenced
Agreement with Jefferson County, Colorado, concerning this open
space property, and execute a General Warranty Deed thereby
conveying an interest in the property owned by the City of Wheat
Ridge as described above, and located within Wheat Ridge, Colorado
2. The City Council does hereby accept the Commissioners'
Deed from Jefferson County, Colorado.
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 $48,520.00.
4 Upon conclusion of the transactions authorized and
approved herein, the City of Wheat Ridge shall be the sole owner of
the property described above, situated within the City of Wheat
Ridge.
DONE AND RESOLVED this 13th day of
December
. 1993.
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Dan Wilde, Mayor
ATTEST.
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Wanda Sang,
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AGREEMENT
THIS AGREEMENT, dated for reference purposes only
this 15th day of November, 1993, is made and entered into
by and between the COUNTY OF JEFFERSON, STATE OF COLORADO,
a body politic and corporate (the "County"), and the CITY
OF WHEAT RIDGE, a home rule municipal corporation, State
of Colorado, (the "City").
WITNESSETH
WHEREAS, the City acquired for open space purposes,
that certain real property which is described in Exhibit
"A" (the "Property") which is attached hereto and
incorporated herein by this reference; and
WHEREAS, this acquisition of 6,892.5 square feet,
more or less, was acquired as a trail connection to the
Clear Creek Trail and the Wheat Ridge Greenbelt; and
WHEREAS, the City has requested reimbursement of the
acquisition price of Thirty-Eight Thousand Seven Hundred
Fifty-Nine and no/lOOths Dollars ($38,759.00) plus Nine
Thousand Seven Hundred Sixty-One and no/lOOths Dollars
($9,761.00), which sum represents costs of the appraisal,
survey and title policy for a total acquisition cost of
Forty-Eight Thousand Five Hundred Twenty and no/lOOths
Dollars ($48,520.00) to be funded 100% from the City of
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Wheat Ridge's attributable share of the Open Space fund.
NOW, THEREFORE, for and in consideration of the
reimbursement of the acquisition cost from the Open Space
fund, the parties to this Agreement agree as follows:
1. The City shall convey the Property to the County
of Jefferson, State of Colorado, a body politic and
corporate by General Warranty Deed, subject only to the
exceptions listed in Schedule B-2 of Commitment No.
ABP0374007-3, issued by Land Title Guarantee Company
("Land Title").
2. To the extent permitted by law, the City shall
execute an affidavit and indemnity to Land Title in a form
approved by Land Title regarding improvements to the
Property during the City's possession and mechanics
lien(s) which may have attached to the Property as a
result thereof.
3. The City is not aware of any environmental
conditions which would adversely affect the Property and
to the extent permitted by law, agrees to indemnify and
hold harmless the County and its agents and employees from
and against any and all claims, lawsuits, actions, debts,
damages, costs, losses, obligations, judgments, charges,
and expenses, of any nature whatsoever (including
attorney's fees) suffered or incurred by the County as a
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result of the environmental condition of the Property at
the time of conveyance to the County.
4. The County shall reimburse the City in the
amount of $48,520.00 to be funded 100% from the City of
Wheat Ridge's attributable share of the Open Space fund.
5. The County shall reconvey the Property to the
City by Commissioner's Deed with an open space reverter as
follows:
That if the City, its successors and assigns,
shall use said property for any purpose other
than public open space, park and recreational
purposes, said property shall revert to the
County and the deed shall be null and void.
Closing shall take place at such time and place as
the parties might mutually agree prior to January 31,
1994, or the date of closing may be extended to such time
as the parties might mutually agree. All costs associated
with closing, including title policy costs and
endorsements, shall be paid by Open Space funds, 100% from
the City of Wheat Ridge's attributable share of the Open
Space fund.
6. This transaction is conditioned upon the
County's review and approval of an appraisal, survey and
title commitment for the Property.
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7. The terms of this Agreement, including
specifically the indemnity contained in Paragraph 3 above,
shall survive the closings contemplated herein and the
effect of any reversion of the Property to the County
pursuant to the Open Space reverter described in Paragraph
5 above.
ATTEST:
JEFFERSON COUNTY
STATE OF COLORADO
Deputy Clerk
By
John P. Stone, Chairman
Board of County Commissioners
Dated
ATTEST: ,
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CITY OF WHEAT RIDGE
By ~/. /
Dan Wilde, Mayor
STATE OF COLORADO
ss.
COUNTY OF JEFFERSON
The foregoing instrument was acknowledged before me
this day of , 199 , by Dan Wilde as Mayor
of the City of Wheat Ridge, State of Colorado.
WITNESS my hand and official seal.
My Commission expires
Notary Public
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STAFF APPROVAL PAGE FOR AGREEMENT BETWEEN JEFFERSON COUNTY,
STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE DATED FOR
REFERENCE PURPOSES ONLY NOVEMBER 15, 1993.
APPROVED:
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PARCEL A: A PARCEL OF LAND LYING IN THE SOUTHEAST 1/4 OF
SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH
PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON,
STATE OF COLORADO, DESCRIBED AS FOLLOWS:
THE WEST 15 FEET OF TRACT 1, BLEVINS SUBDIVISION, AS RECORDED
IN PLAT BOOK 29 AT PAGE 23, JEFFERSON COUNTY RECORDS.
PARCEL B:
A PARCEL OF LAND LYING IN THE SOUTHEAST 1/4 OF SECTION 21,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO,
DESCRIBED AS FOLLOWS:
THE WEST 15 FEET OF THAT PARCEL OF LAND AS DESCRIBED IN
RECEPTION NO. 86066524, JEFFERSON COUNTY RECORDS, TOGETHER WITH
THE NORTH 15 FEET OF THE WEST 66.5 FEET OF SAID RECEPTION
NO. 86066524.
PARCEL C:
A PARCEL OF LAND LYING IN THE SOUTHEAST 1/4 OF SECTION 21,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,
CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO,
DESCRIBED AS FOLLOWS:
THE WEST 15 FEET OF LOT 23, GREEN VALLEY SUBDIVISION, AS
RECORDED IN PLAT BOOK 11, AT PAGE 34, JEFFERSON COUNTY RECORDS.
EXHIBIT A
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