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HomeMy WebLinkAboutBeyer Property Parcel 1 & 2 INTRODUCED BY COUNCILMEMBER DR 1 hpr Council Bill No.3. Ordinance No. --1lO.9 Series of 1998 AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY KNOWN AS THE BEYER PROPERTY, PARCEL 2, LOCATED AT 11721 WEST 52ND AVENUE 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 described in attached Exhibit A, bemg contIguous unIncorporated temtory contIguous to the City and situated, lying and bemg in the County of Jefferson, State of Colorado (the Property); and WHEREAS, the Property IS further described 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 CouncIl of the CIty of Wheat Ridge, Colorado, has conducted a public heanng as reqUIred by law to deternllne the ellgiblllty for annexation of the Property; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, has satisfied itself concemmg the el1gibll1ty for annexatIOn of the Property, and concernIng the conformance of the proposed annexatIOn to the applIcable law and the annexation polIcy 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, Iymg and beIng III the County of Jefferson, State of Colorado, meets all requirements of law and the annexation polley 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 Councll hereby approves the AnnexatIOn Agreement which IS attached as Exhibit C Section 4. Upon the effective date of this Ordmance the Property shall become subject to the laws of the State of Colorado pertmmng to cItIes and to the Charter and all ordInances, resolutIOns, rules and regulatIons of the City of Wheat RIdge. 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 of the County of Jefferson, State of Colorado. Section 6 The City Clerk shall file one certified 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 ninety (90) days from the date of adoptIOn of this ordinance on second reading. INTRODUCED, READ, AND ADOPTED on first readIng by a vote of 8 to 0 on - - this 23rdayof February , 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 March 23 , 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 0 , this 23rd day of March , 1998. SIGNED by the Mayor on this 23rd A;TEST. L 9f/~ ~ ~ Wanda Sang, City Clerk APzefp@~pORNEY GERALD DAHL, CITY ATTORNEY PublIshed. 1st PubhcatlOn. 2nd PublicatIOn: Effective Date: Wheat Ridge Transcnpt February 27, 1998 March 27, 1998 April 11, 1998 anncx2.ord Ordinance No Page 2 EXHIBIT Parcel' 2 LEG.AL DESCRIPTION a.ginnlng of Ih. Saulh.asl corn.r 01 Ih. North.asl 1/~ of sold S.ctlon 17 Th.nc. North.rly along tho (ast lin. 01 .aid Norlh.osl I/~, 278.56 I..t 10 tho Soulh.osl corn.r 01 Porc.1 2 of .Iond/.y H.ighls (umption Surv.y No. I, a. r.cord.d in Ih. olllclol r.cords of Ih. Counly 01 J.ff.rson, SIal. of Colorado. Sold Soulh.ost corner b.ing Ih. T rue Polnl of B.glnning 1. Th.nc. continuing north.rly along tho (osl lin. of .old Horth.osl I/~. 2~8.56 1..1 'A Ih. north.osl com.r 01 sold Porc.1 2 2. Th.nc. Wesl.r1y along Ih. north lin. of sold Porc.1 2. 218.05 l..t to the Horlhwesl corn.r of sold porc.1 2. 3. Th.nc. Soulh.r1y along Ih. west line 01 sold Porc.1 2. 2~8.56 1..1 to Ih. Soulh....s' corner 01 sold porc.1 2. ~ Th.nc. [o...rly along Ih. soulh IIn. of .old parc.1 2. 21l1.0~ 1..1 to the Tru. Pain' 01 a.glnnlng. ConIolnlng 1.H acres "A" EXHIBIT "c" ANNEXA TION AGREEMENT THIS ANNEXATION AGREEMENT made and executed this 23rd day of March , 1998, by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado home rule municipal corporation (hereinafter referred to as the "City"), and Ron and Michelle Beyer or their assigns (herelllafter referred to as the "Landowners"). WITNESSETH Whereas, the City of Wheat RIdge, Colorado, is a Colorado home rule municipal corporation, possessing all of the powers and authorities granted to it pursuant to Article XX of the constitutIOn of the State of Colorado, the Home Rule Charter of the City as adopted by the reSidents and electors of the city, and those State Statutes applicable to the City, which statutes mclude the Municipal Annexation Act of 1965, c.R.S. ~ 31-12-101, et ~.; and Whereas, Ron and Michelle Beyer are owners of that certaIn real property which is Identified in Exhibit A, which is attached hereto and expressly incorporated herein, which property is contiguous to the corporate boundaries of the City of Wheat Ridge, and which IS elIgible for annexation into the City of Wheat Ridge; and Whereas, the City wishes to annex the property described in Exhibit A, and the Landowners, as owners of the property described in Exhibit A, wish to have the same annexed into the City, subject to all of the terms and conditions set forth herein, and Whereas, the City and the Landowners wish to set forth In 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 certalll aspects of the relations between the parties from and after the time of said annexation. NOW, THEREFORE, the parties hereto, for themselves, their heirs, successors and assigns, do hereby covenant, warrant, and agree as follows: Section 1: A~reement RegardIng Zoning. The property described in Exhibit A shall be rezoned by the Wheat Ridge City Council in accordance with the provisions of this paragraph. a. The property, which consists of 1.25 acres more or less, shall be zoned Agncultural- Two (A-2) with all uses under thiS zone distnct as enumerated in the Wheat Ridge Code of Laws, as amended, permItted on the property with the following exceptIOns: (l) Dog kennels, catteries, and veterinary hospitals shall be prohibited. (2) The keepIng of SWllle shall be prohibited. b The eXistIng uses on the property of stables, a landscape contractor busIness, and SIngle-famIly residence shall be allowed to remain untIl such time as the property is proposed for development. Section 2: Vested RIghts. The Landowners agree to waive any and all rights which have vested as to the annexed property prior to the date of annexation approval by the City Council of the City of Wheat Ridge. Section 3: Provision of Water and Sewer Services. The Landowners acknowledge and understand that the City of Wheat Ridge does not provide water and/or sewer services. The Landowners shall be solely responsible for obtaimng such services through Colorado special dlstncts, or by private contract, and acknowledge that the City has no responsibility whatsoever to provide said services. Section 4: ContIngent Nature of Agreement. This Agreement is expressly contingent upon the fulfilling by both Landowners and the City of all actions which are necessary to annex all of the property described in Exhibit A. If the annexation of all of said property, subject to all of the terms and conditions of this Annexation Agreement, is not accomplished, the City shall be oblIgated to disconnect any portion of the property previously antlexed into the City upon receipt of a written demand from the Landowners that said disconnection action take place. Section 5. Enforcement Remedies. a. The Landowners may enforce against the City through any equitable action, including the seeking of injunctive or mandatory injunctive relief, all of the provisions of paragraphs 1,2,3,4 and 5 hereof. b. Any Citywide ordinance which is not inconSistent with any of the prOVISIOns of paragraphs 1 and 2 above shall be applicable to and enforceable against the Landowners or ItS successor, in the same manner as the same are enforceable against any other property owner withIn the City SectIOn 6: Agreement to be Recorded. ThiS Annexation Agreement shall be recorded by the City upon ItS adoption by the Wheat Ridge City Council. SectIOn 7. BindIng on Successors. This AnnexatIOn Agreement, and each and every prOVISIOn thereof, shall be fully bIndIng upon each of the parties hereto, as well as any heirs, successors, or assigns of either party Beyer Annexation AgreemenI Parcel 2 Page 2 SectlOn 8. Entire Agreement. This AnnexatIOn Agreement constitutes the entire agreement between the parties, and supersedes any other written agreements or any verbal understandmgs which may have been reached between the parties prior to the execution hereof. Section 9: Amendment. This Annexation Agreement may be amended only upon a writl~ signed by each of the parties after proper and lawful approval thereof by the City Council of the City of Wheat Ridge or the Landowners. CITY OF WHEAT RIDGE, COLORADO a home rule muniCIpal corporation ATTEST' t APPROVED AS TO FORM. G~~PP RON AND MICHELLE BEYER Landowners ~L~ IJ~ ~~ Micnelle Beyer, L owner I certify that the informatIOn and exhibIts herewith submitted are true and correct to the best of my knowledge. Subscnbed and sworn to me thiS 2~ day of ~~ , 1998. L~ltt~'L~ NOTARY PUB C SEAL: My CommissIOn ExplTes. 4 10 0 1 , t1:\ \ccrptSlagreernts\beyeranx Page 3 Beyer Annexalion Agreement Parcel 2 Resolution No. 1654 Series of 1998 A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 17, TOWNSHIP 3, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO. WHEREAS, an annexation petitIOn was filed with the City requesting the annexation of certain unincorporated territory located in the County of Jefferson and State of Colorado, otherwise known as Beyer Property Parcell and hereafter described in Exhibit A which is attached hereto and made part hereof; and WHEREAS, said petition was forwarded to the City Council; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, found substantial compliance of said petition with C.R.S. Section 313-12-107, and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, conducted a public hearing as required by law to determine the eligibility for annexation of that property described In attached Exhibit A; and WHEREAS, public notice of such public hearing was given as reqUIred by law; and WHEREAS, the public hearing on said annexation was conducted In accordance W1th the requirements of the law; and WHEREAS, pursuant to C.R.S Section 31-12-110, the City Council, sitting as the governIng body of the City of Wheat Ridge, Colorado, is reqUIred to set forth its findings of fact and its conclUSIOn as to the eligibility of that property described In attached Exhibit A for annexatIOn to the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS. Section 1. A plan for that area encompassing the property described on attached Exhibit A has been adopted by the City Council pursuant to C.R.S. Section 3l-l2-l05(I)(e). Section 2. Not less than one-sixth of the perimeter of the area proposed to be annexed as described on attached Exhibit A IS conttguous With the existing boundaries of the City of Wheat RIdge as reqUIred by law. Section 3 A community of interest exists between the area proposed to be annexed as described on attached Exhibit A and the City of Wheat Ridge and that the area will be urbanized In the near future. SectIon 4. The area proposed to be annexed as described on attached Exhibit A is Integrated or capable of being integrated with the City of Wheat Ridge. Section 5. The limitations of the Municipal AnnexatIOn Act and the ConstitutIon of the State of Colorado do not prevent the annexation of the subject property of any part thereof SInce. a. No land III the tern tory to be annexed whIch is held in identical ownership and consists of either a single tract or parcel, or two or more contiguous tracts or parcels has been divided or portion thereof excluded from the area to be annexed without the written consent of the owners thereof; b No land in the territory to be annexed which is held in identical ownership and comprises twenty (20) or more acres, having an assessed valuation for ad valorem tax purposes in excess of $200,000.00 in the year next preceding the annexation, has been Illcluded In the area to be annexed without the written consent of the landowners; c. No proceedIngs have been commenced by another municipality for the annexatIOn of all or part of the territory to be annexed by the City of Wheat Ridge; and d. The annexation will not result in the detachment of the area from the school district In which it is currently located. Section 6. The petition for the annexation of that real estate described on attached Exhibit A meets the requirements of law and is in proper order for annexation for the property proposed to be annexed as described in attached Exhibit A. Section 7. No election is required pursuant to C.R. S. Section 31-12-107(2) or any other law of the State of Colorado or the City of Wheat Ridge. SectIon 8 The proposed annexatIOn w1l1 not have the effect of extending a municipal boundary more than three mlles In any direction from any pOInt of the City boundary III anyone year. Section 9. The entIre Width of any street or alley to be annexed is included Within the annexatIOn. Beyer Parcel I - FllldIngs of Fact ResolutIOn No Page 2 SectIOn 10 The property described on the attached Exhibit A is elIgible for annexation to the City of Wheat Ridge and all requirements of law have been met for such annexation, includIng the reqUIrements ofC.R.S. Section 31-12-104 and 31-12-105, as amended. Section 11 An ordInance annexing that property described on attached Exhibit A to the City of Wheat Ridge shall be considered by this City Council pursuant to C.R.S. Section 31-12- 111. RESOLVED AND PASSED this ?1rn day of M!lrrh , 1998. ATTEST: d:I...lccrptslreso-ordlbeyerl fd Beyer Parcel I - FIndIngs of Fact Resolution No Page 3 EXHIBIT "A" Parcel 1 LEGAL DESCRIPTION 8~glnnln9 01 Ihe Soufheosl corner of 'h. Nor1h.osl 1/'" of sold Section 17 1 Th~nc. Hor1herly along Ihe East line of sold Nor1heosf 1/4 278.56 feel 10 'he nor1h~osl com~r of parcel I of Slondley Hleghls Exemption Survey No. I os r.corded in the ol/iclol r.cords of Ih. County of Jefferson. Sial. of Colorado. 2. Th.n"~ Westerly along Ih. nor1h Un. of sold Parcel Nor1hwest comer of sold Parcel l. .3. Th~nc. Soulherly along Ihe w.sl lin. of said Parcel 218.04 feel 10 the 278.58 10 Ih. Soulh IIn. of tho Norlh.osl 1/. of said S.ctlon 17 . Th.nc. Easterly along 'he said South lin. of the Nor1h.ost 1/4. 218.02 f..l 10 Ihe point of aeglnning. Containing 1..39 acres Resolution No. 1652 Series of 1998 TITLE. \ RESOLUTION FINDlNC A PETITION FOR ANNF:\ \TION OF -\ P \RCEL OF LAND LOCATED IN SECTION 17, TOWl\~II1 P J SOUTH, R\l\CE 69 WEST OF THE SIXTH PRINCIPAL MER)))l \:\, ( OllNTY OF .JEFFERSON, STATE OF COLORADO, TO BE 1'\1 SliBST/\NTlAL COI\1PU-\NCE WITH COLORADO REVISED STATlTES A '\II) ~ElTING A HEARING DATE TO CONSIDER THE ANNI<.X.\T10N \\ HI':R~" \~. a wntlen petition for annexation to and by the City oj \\'he,lt RIdge. Co]or,ldo of ,lllTtal11 parcel of land as descnbed 111 attached Exhihit ,\ \\ ;IS pre"ented to and filed wIth the \. Il\ oj Wheal RIdge, Colorado, and \\HFREAS. pursuant to C R S SectiOn ~1-12-1()7, thiS CIty COll11ClL S\lung as the governing bodv ufthe City of Wheat Ridge, Colorado, has reviewed the wntten petition for ;lI1neXJtlon to detcnl1l11e whether there has heen substantial compliance With (' R S ~ 1-12- 107( 1). and \VHEREAS, the City CouncIl of the CIty of Wheat Ridge, Colorado has satIsfied Itself concerl1lng the substantial compliance of the wntten petitIon for annexatIOn to and hy the City of Wheat Ridge, Colorado NO\\, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Wlll~AT RIl)(;E. COLORADO, AS FOLLOWS SCCl101Ll The \\Tltlen petitIOn for anncxatlon substantIally complIes With C R ') SectIOn 31-12- 107(1 ) S~J:lillll 2 A puhlIc heanng on said anncAatlOn petitIon wIll be conductcd on tlw 23rd day of March, I <)<)8. at the City of Wheat Ridge MUl1lClpal BUlldmg whleh IS located at 7S()() W 29th A venuc, Wheat Ridge, Colorado, 80215, to deterImne Ifthc proposed annexation complies With C R S S\Cctlons 2\-\2-104 and 313-12-105 or such part thereof as may he reqlllled to establish elIgIbilIty under the terms of TItle 31:, 'Artlck 12. Part L as amended. known as the !\1ulllclpaI AnncxatIon Act of 1 9()S. and the ConstItutIOn of the State of Colorado, ArtlC Ie I L 'ledlon 30, as amended ReS()!utlOn No Page 2 ~<:ctlD1L3> Any person 1i\'lng \\1lIHn the area proposed to be c11lne\ed. any lando\\'ner of lands thereof. any reSident of the munlclpabty to which the areas IS proposcd to be annC\ed, an) mumclpalIty located \\ithl!) one mile oCthe proposed anne\atlon, or the Board ofCounl) ( ommlssloners of Jefferson County, may appear at s~l1d hearing and present eVidence upon an) matter to be detenJ1l11ed b\ the ('It V CounCIL RESOI vED AND PASSED thiS (/=-7'day of _Z'f-<"-4_J ___ _ 1995 CITY OF \\ IJ FA T RIDGE.,COLOR,\DO / { J i (' \ ~ ' l' - {., { " "'--~J- -'~ . -....:--.....-:-n c-~ +-----7~-_.____.r(~{ Gretchen Cer\ eny. Maydf \ / MilS,: . J Jt/k~ M~__, Wanda Sang, City Clcrk ~ EXHIBIT A Pared l.fii.AL O(SCRlPliQN BeginnIng at the Southeasf corner 01 fhe Norlheos~ 1/4 of said Section 17 1 ThencfJ Norlher1y olong fhe [ost fine of said Norlheosl 1/-< 278.56 feel to the norlheasf corner of parcel 1 of Standley Hieghts Exemption Surve~ No 1 as recorded in fhe official records of th~ County of Jefferson. State of Colorodo J Thence Westerly olong the norih line of said Parcel 1 21804 feet to the Nor1hwest corner 'Of soid Porcel 1 .) Thence Sou1ht;rly olung tho. we~1 lin(! (jf 'Soid Parcel 1 778.~)8 10 the Souih line of the Nor1heosl 1 /~ of said s(j(.:tion 17 ThenCE [o~'(>rl) along lh6 sOld :"'oulh lint'! of the Nor1hoo<;l 1/,( 71802 feet to Ihe point of B€!;:lir,nin9 Contoinlng 1.39 ocre:. Parcel 2 J.lJL6J.~I1Q~ BeginnIng of the Southeast corner of the Norlheos1 1/4 of said Sechon 17 Thence Norlherly along the [lJsl line of 'Sold Nor1heast 1/4 ') 18 :)f corner of Parcel 2 of sfandley Ht!lghb: f:w.empfion Survey No 1 O'S oHiclol records of the Counly 01 Jeff olson Stale of Colorado Said being fhe T rue Point of Beginnmg 1 Thence coniinuing northMly along the Eos1 line of said NorlhtltJs1 1/4 the norlheost corner of sold Par (AI 7 ft'e.t 10 the Sou1heosl recorded in 1he ::'outheast corner 2.48 ~6 feel 10 ""'e 0' 'o',d Porcel 7, 218.0~ 1eel 10 1he Norlhwes1 2 Thence Westerly along the nor1h . I J corner of said porcel 2 3 Thence corner of th- "'e.-1 line of sold Porcel 2. 248.58 feet to the Southwest Southerly olong ,-.. J sold parcel 2 " Thence Easterly along the south line of said parcel 2 86glnoln9_ 7tB 04 tee I to Ih6 Irue Poinl of Contoining 1 7.( acres The City d 7500 WEST 2'JTH AVFNUe WHEAT RIOGF CO 802'5-fi71 ~ : 3((~, '):;4-'l~'1J1 ~heat 'Ridge City Adrnm FClX it 234-:-,~j~ ~ pnlil,P [icpt F"dY t~ r.. :S-2Y41 Apnl 3, 1998 County Clerk and Recorder Jefferson Colorado 100 Jefferson County Parkway Golden, CO 80414 Dear Sir or Madam. Pursuant to Section 3l-12-l13(2)(a), C.R.S , enclosed please find two (2) certified copies of an annexation ordinance and map Please record one copy m the records affecting land title in the County and tile the second COpy With the Colorado DIVISIOn of Local Government, Department of Local AtTairs, 1313 Sherman Street, Room 521, Denver, Colorado, 80203, all as reqmred by ~31-12-113(2)(a)(l1)(B), C R.S Thank yOU for your assistance Smcerely, JI li '/1/ /t I&'f.. / v~," --v-.; ANDA SANG -- ';, City Clerk Enclosures /bd e \r]allnill~\t(lrmS\annl::\\c()]cttl'r ft (,.1 City of Wheat Ridge In this space there is a large scale map that could not be scanned at the this time. Please see the Wheat ridge Clerks office if you would like to see the map. I~ ;: " ':1 ~: ....; _0 ::.; \ \ ~~ ~~ :~ . - :S () z ;--~~ ~CW r. )>- "1J ;~ :"I ~ .. ~ci) ; 'l ~ 1. t i. ,~ ~,. l: HH 1 \ .,.... '" ..... 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J> -lz Iz r'lr'l >< OJ> - -l -1_ -<0 Z o ""Tl-o , ~J> I-l r'lz ~o o -.., :;:Q --.J o o rr1 .... :x: [T\ Vl >< .... :x: '"0 ~ Z n -u J> , "iC [T\ ;0 o J> Z 111 )C :J - ~ . . , INTRODUCED BY COUNCIL MEMBER Dalbec Council Bill No.-L. Ordinance No. Jl.08 Series of 1998 AN ORDINANCE ANNEXING TO THE CITY OF WHEAT RIDGE UNINCORPORATED TERRITORY KNOWN AS THE BEYER PROPERTY, PARCEL 1, LOCATED AT 11721 WEST 52ND AVENUE 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, written petitIOn for annexatIOn to and by the City of Wheat Ridge, Colorado, of that property described In attached Exhibit A, beIng contiguous unincorporated temtory contiguous to the City and situated, lYIng and being In the County of Jefferson, State of Colorado (the Property); and WHEREAS, the Property IS further described 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 Council of the City of Wheat Ridge, Colorado, has conducted a publIc heanng as reqUIred by law to determine the eligibilIty for annexatIOn of the Property; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, has satisfied itself concernmg the ellgibllIty for annexatIOn of the Property, and concernmg the conformance of the proposed annexatIOn to the applicable law and the annexation polley 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, lYIng and being m the County of Jefferson, State of Colorado, meets all requirements oflaw and the annexatIOn policy 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 ofOrdmances of the City of Wheat Ridge. Section 3 The CIty CounCil hereby approves the AnnexatIon Agreement which IS attached as Exhibit C SectlOn 4 Upon the effectIve date of this OrdInance the Property shall become subject to the laws of the State of Colorado pertaInmg to cIties and to the Charter and all ordmances, resolutions, rules and regulatIOns of the City of Wheat Ridge. Section 5. The City Clerk shall file for recordIng one certified copy of the Annexation Ordmance and one copy of the AnnexatIOn Map With the Clerk and Recorder of the County of Jefferson, State of Colorado. SectIon 6. The City Clerk shall file one certified 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 recordmg 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 recordmg 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 ~ to ~ on thIs 23rd day of Fe bruary , 1998, ordered publIshed in full m a newspaper of general circulatIOn In the City of Wheat Ridge and Public Hearing and conSideratIon on final passage set for March 23 , 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 23rd day of March , 1998. SIGNED by the Mayor on thiS 23rd l Wanda Sang, City Azt:lltf!J!);!;t/RNEY GERALD DAHL, CITY ATTORNEY PublIshed. 1 st PublIcatIOn. 2nd Publication: Effective Date: Ordinance No Wheat Ridge Transcnpt February 27, 1998 March 27, 1998 April 11, 1998 Page 2 EXHIBIT "A" Parcel 1 LEGAL DESCRIPTION Beglnnln!) 01 the South.os! corn.r of Ih. Northeast 1 / ~ of sold Section 17 1. Thenc. North.rly along th. Eosl IIn. of sold Nor1heosf 1/4 278.56 f..t to Ihe nor1heosl comer of parcel 1 of Slondley Hleghls Exemption Su.....y No. 1 os recorded in the oUiclol records of the County of Jeff en on, Stol. of Colorado. 2. Th.nr.j Wuterly along Ihe north lIne of sold Porc.1 Northwut comer of sold Porc.1 1. 3. Thenc. Soulh.rly along lhe we.t line of said Parcel 218.04 fut to Ih. 278.58 10 th. South IIn. of the Northeosl I / ~ of said s.ctlon 17 ~ Th.nc. Eosterly along Ih. said South Iin. of Ih. North.osl I/~, 218.02 f..1 to tho point of B.ginning. Containing 1.39 ocru EXHIBIT "e" ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT made and executed this 21rc1 day of March , 1998, by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado home rule municipal corporation (hereinafter referred to as the "City"), and Ron and Michelle Beyer or their assigns (hereinafter referred to as the "Landowners"). WITNESSETH Whereas, the City of Wheat Ridge, Colorado, is a Colorado home rule mUnIcipal corporation, possessing all of the powers and authorities granted to it pursuant to Article XX of the constitution of the State of Colorado, the Home Rule Charter of the City as adopted by the reSidents and electors of the city, and those State Statutes applIcable to the City, which statutes include the Municipal Annexation Act of 1965, C.R.S. ~ 31-12-101, et seq; and Whereas, Ron and Michelle Beyer are owners of that certam real property which IS Identified in Exhibit A, which is attached hereto and expressly incorporated herein, which property is contiguous to the corporate boundaries of the City of Wheat Ridge, and which is elIgible for annexation into the City of Wheat Ridge; and Whereas, the City wishes to annex the property described in Exhibit A, and the Landowners, as owners of the property descnbed in Exhibit A, wish to have the same annexed mto the CIty, subject to all of the terms and conditions set forth herein; and Whereas, the City and the Landowners wish to set forth III 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 certain aspects of the relations between the parties from and after the time of said annexation. NOW, THEREFORE, the parties hereto, for themselves, their heirs, successors and assigns, do hereby covenant, warrant, and agree as follows: Section 1. Agreement Regarding Zoning. The property described in Exhibit A shall be rezoned by the Wheat Ridge City Council in accordance with the proviSIOns of this paragraph. a. The property, which consists of 1.25 acres more or less, shall be zoned Agncultural- Two (A-2) with all uses under thIS zone district as enumerated m the Wheat Ridge Code of Laws, as amended, permitted on the property With the following exceptions. (1) Dog kennels, catteries, and vetennary hospitals shall be prohibited. (2! The keepmg of SWIne shall be prohibited. b The existlllg uses on the property of stables, a landscape contractor business, and slllgle-famIly residence shall be allowed to remalll until such time as the property IS proposed for development. Section 2. West 52nd Avenue. The City and Landowners acknowledge that thIS annexation includes right-of-way of West 52nd Avenue, measuring 30 feet In width adjacent to the southern boundary of the property. Upon annexation of the property, the City and Landowners agree as follows a. The CIty shall vacate the entire 30 foot right-of-way east of the eastern right-of-way line of Simms Place. Because thiS right-of-way was dedicated by the previous owner of the property described in Exhibit A, ownership shall revert to the Landowners upon vacation. b. At the time of vacatIOn, the City shall reserve a 30 foot wide nonexclusive utility easement and pedestrian access easement. c. The Landowners shall convey the vacated nght-of-way to the City as open space and shall be allowed use of the property for storage m conjunction With the landscape contractor business untIl such time as the property IS sold or otherwise developed. Storage shall be limited to trucks and a dumpster used in the landscape bUSIness. The area shall be kept in a clean and orderly manner by the Landowners. d. The Landowners shall be responsible for maintenance of the vacated nght- of-way e. The City reserves the right to construct a pedestnan traIl or sIdewalk withm the vacated nght-of-way upon 30 days notice to the Landowners. LocatIon of the trail or sIdewalk shall be approved by both parties, which approval shall not be unreasonably withheld and shall not infringe upon the use as described in paragraph "c" above. Section 3. Vested Rights. The Landowners agree to waive any and all rights which have vested as to the annexed property prior to the date of annexatIOn approval by the City Council of the City of Wheat RIdge. SectIOn 4. PrOVISIon of Water and Sewer Services. The Landowners acknowledge and understand that the City of Wheat Ridge does not provide water and/or sewer services. The Landowners shall be solely responsible for obtammg such services through Colorado speCial dlstncts, or by private contract, and acknowledge that the City has no responsibIlity whatsoever to provide Said services. Beyer AnnexaIion Agreement Parcel I Page 2 Section 5. ContIngent Nature of Agreement. This Agreement IS expressly contmgent upon the fulfilling by both Landowners and the City of all actions which are necessary to annex all of the property described in Exhibit A. If the annexation of all of said property, subject to all of the terms and conditions of this AnnexatIOn Agreement, is not accomplished, the City shall be obligated to disconnect any portIOn of the property previously annexed into the City upon receipt of a wrItten demand from the Landowners that saId disconnection action take place. Section 6: Enforcement RemedIes. a. The Landowners may enforce against the City through any equitable action, including the seekIng of injunctive or mandatory injunctive relIef, all ofthe provISIons of paragraphs 1,2,3,4 and 5 hereof. b. Any Citywide ordinance which is not inconsistent with any of the provisions of paragraphs 1 and 2 above shall be applicable to and enforceable against the Landowners or Its successor, In the same manner as the same are enforceable against any other property owner WIthin the City. SectIOn 7. Agreement to be Recorded. This Annexation Agreement shall be recorded by the City upon its adoption by the Wheat Ridge City CouncIl. SectIOn 8: Binding on Successors. This Annexation Agreement, and each and every proVISion thereof, shall be fully binding upon each of the parties hereto, as well as any heIrs, successors, or assIgns of either party. SectIOn 9: Entire Agreement. This AnnexatIOn Agreement constitutes the entire agreement between the parties, and supersedes any other written agreements or any verbal understandings which may have been reached between the parties pnor to the executIOn hereof. SectIon 10: Amendment. This Annexation Agreement may be amended only upon a writIng signed by each of the parties after proper and lawful approval thereof by the CIty CounCil of the City of Wheat Ridge or the Landowners. CITY OF WHEAT RIDGE, COLORADO a home rule mUnicipal corporation LERK Beyer Annexation Agreement Parcell Page 3 ~~ Gerald Dahl, City Attorney RON AND MICHELLE BEYER Landowners a:~~ Ron Beyer, Lan ner I certify that the informatIOn and exhibits herewith submitted are true and correct to the best of my knowledge. Subscribed and sworn to me this ~ day of ~ , 1998. ~~ll~ I., 'f, NOTARY PUB C SEAL: My Commission Expires: 4- . I D . D l 1.1:\... \ccipts\agrc~mts\b~yeranx Beyer Annexation Agreement Parcell Page 4 EXHIBIT "A" Parcel 1 LEGAL DESCRIPTION Beglnnln9 at the South.ost corn.r of the North.ost 1 / ~ of laid Section 17 I Th.nc. North.rly along the East IIn. of sold Hor1he<lst 1/4 278.56 f..l to the northeast comer of parcel 1 of Stondley Hleghls Exempllon Su,...y No. 1 as recorded in the ol/iclol records of the County of Jefferson, SIal. of Colorado. 2. Theon Westerly along the north line of said Porc.f Northwest comer of sold Porc.1 1. 3. Thenc. Southerly along the west lin. of said Po reel 218.04 f..t to the 276.58 to the South lint of tho Northeost 1/. of said s.cllon 17 . Thence Eosterly olong the said South lin. of tho Northeost 1/.. 218.02 f..t to tho point of Beginning. Contolning 1.39 acres Resolution No. ~55 Series of 1998 A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 17, TOWNSHIP 3, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO. WHEREAS, an annexation petition was filed with the City requesting the annexation of certain unincorporated territory located in the County of Jefferson and State of Colorado, otherwise known as Beyer Property Parcel 2 and hereafter described in Exhibit A which is attached hereto and made part hereof; and WHEREAS, said petItion was forwarded to the City Council; and WHEREAS, the City Council of the City of Wheat Ridge, Colorado, found substantial compliance of said petition with C.R.S. Section 313-12-107, and WHEREAS, the City CouncIl of the City of Wheat Ridge, Colorado, conducted a publIc hearing as required by law to determine the elIgibility for annexation of that property described In attached Exhibit A; and WHEREAS, public notice of such public hearing was given as required by law; and WHEREAS, the public hearing on said annexation was conducted In accordance with the requirements of the law; and WHEREAS, pursuant to C.R.S. Section 31-12-110, the City Council, Sitting as the governing body of the City of Wheat Ridge, Colorado, is reqUIred to set forth its findings of fact and Its conclusion as to the elIgibilIty of that property described in attached Exhibit A for annexatIOn to the City of Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS. Section 1 A plan for that area encompassmg the property described on attached Exhibit A has been adopted by the City Council pursuant to C.R.S SectIOn 31-12-1 05( 1)( e) SectIOn 2 Not less than one-sixth of the perimeter of the area proposed to be annexed as described on attached Exhibit A IS contiguous With the existIng boundanes of the City of Wheat Ridge as required by law. Section 3 A commumty of interest eXists between the area proposed to be annexed as described on attached Exhibit A and the City of Wheat Ridge and that the area will be urbanized In the,near future. Section 4. The area proposed to be annexed as described on attached Exhibit A IS Integrated or capable of being integrated with the City of Wheat RIdge. Section 5 The limitations of the Municipal Annexation Act and the Constitution of the State of Colorado do not prevent the annexation of the subject property of any part thereof SInce. a. No land in the tern tory to be annexed which is held In identIcal ownership and consists of either a single tract or parcel, or two or more contiguous tracts or parcels has been divided or portion thereof excluded from the area to be annexed without the \VTitten consent of the owners thereof; b. No land in the territory to be annexed which is held in identical ownership and compnses twenty (20) or more acres, having an assessed valuatIon for ad valorem tax purposes in excess of $200,000.00 in the year next preceding the annexation, has been included in the area to be annexed without the written consent of the landowners; c. No proceedings have been commenced by another municipality for the annexatIOn of all or part of the territory to be annexed by the City of Wheat Ridge; and d. The annexation wIll not result in the detachment of the area from the school dlstnct in which It IS currently located. Section 6. The petition for the annexation of that real estate described on attached Exhibit A meets the requirements of law and is in proper order for annexation for the property proposed to be annexed as described in attached Exhibit A. Section 7. No election is required pursuant to C.R. S. Section 31-12-107(2) or any other law of the State of Colorado or the City of Wheat Ridge. Section 8 The proposed annexation Will not have the effect of extendIng a mUnIcipal boundary more than three mIles In any directIOn from any pOInt of the City boundary in anyone year Section 9 The entIre width of any street or alley to be annexed IS included withIn the annexatIOn. Beyer Parcel 2 - FIndIngs of Fact ResolutIOn No Page 2 SectIOn 10 The property described on the attached Exhibit A is elIgible for annexatIOn to the City of Wheat Ridge and all reqUIrements of law have been met for such annexatIOn, Including the reqUIrements of C.R.S Section 31-12-104 and 31-12-105, as amended. Section 11. An ordInance anneXIng that property described on attached Exhibit A to the City of Wheat Ridge shall be considered by this City Council pursuant to C.R.S. Section 31-12- 111. RESOLVED AND PASSED this ?1rrl day of M.:::ITl"'h , 1998. AT~et Wanda Sang, City Cle~ d :1... Iccrpts\reso-ordlbeyer 2 fd Beyer Parcel 2 - Fmdmgs of Fact Resolution No Page 3 EXHIBIT "A" Parcel 2 LEGAL DESCRIPTIO/{ Beginning 01 the Soulheosl corner of Ihe Norlheosl ,/ ~ of sold Secllon '7 Thence Norlherly 010n9 Ihe (0.1 line of .oid Horlheo.1 I/~. 278.56 ful fo Ihe Soulheo.f corner of Parcel 2 of slandley Hei9hts (.emption Survey No.1. as recorded in Ihe olllclaI records of 'he Counly 01 Jelle"on, Slale of Colorado. Said Southeosl corner being Ihe True PaIn I or Be9lnning. I. Thence continuing norlherly along Ihe [a.' line or said Horlheasl II (, 2(6.56 feel 10 Ihe norlheosl comer of said Porcel 2 2. Thence Westorly olong Iho norlh line of .ald Parcel 2. 216.05 fool 10 Ihe Horlh......1 corner of said parcel 2. J. Thence Southorly olono Iho wesl /lne or sold Parcel 2. 246.56 1..1 10 Ihe Southwul corner or sold parcel 2. 4 Thonce (astorly along Ihe soulh /lne of sold parcol 2. 2111.04 r.., 10 Ihe True Poinl or Beginning. Conlolnlng 1.2.( acres