ORDINANCE NO. 1811

AN ORDINANCE OF THE GOLDEN CITY COUNCIL

APPROVING THE VACATION OF A PORTION OF WEST 4TH

AVENUE RIGHT OF WAY AND AN EXISTING UTILITY AND

WATER TANK EASEMENT, APPROVING THE GOLDEN

OVERLOOK FILING NO. 1 SUBDIVISION FINAL PLAT AND

AUTHORIZING THE EXECUTION OF A SUBDIVISION

DEVELOPMENT AGREEMENT WITH RESPECT THERETO

WHEREAS, Trailer Source Inc. ( subdivider) has submitted a proposed final subdivision platfor property within the City of Golden, State of Colorado, entitled Golden Overlook Filing No. 1 Final

Plat, and;

WHEREAS, in conjunction with said final plat the remaining portions of the existing West 4thAvenue right-of-way, as dedicated to the City by the Overlook Business Park Final Plat are to be vacated

and replaced by new public street dedications; and

WHEREAS, also in conjunction with said final plat an existing utility easement for

construction of a municipal water tank, as dedicated to the City by the Overlook Business Park Final Plat

is to be vacated and a new easement is to be dedicated; and

WHEREAS, the Golden City Council conducted a public hearing upon the proposed Final Plat

entitled Golden Overlook Filing No. 1 Final Plat on May 8, 2008.

THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GOLDEN,

COLORADO:

Section 1. All that West Fourth Avenue right of way within the remaining portions of the

Overlook Business Park Final Subdivision Plat, approved by the City of Golden on August 26, 1982, and

recorded in the records of the Jefferson County Clerk and Recorder at Reception Number 82076912, not

including the portions of the Overlook Business Park Final Subdivision Plat acquired by the State of

Colorado or City of Golden for construction of C-470, together with that certain Utility Easement for a

potential City water tank site, also as dedicated by the Overlook Business Park Final Subdivision Plat,

approved by the City of Golden on August 26, 1982, and recorded in the records of the Jefferson CountyClerk and Recorder at Reception Number 82076912, be and the same are hereby vacated.

Section 2. The final subdivision plat for Golden Overlook Filing No. 1 Final Plat is herebyapproved subject to the following conditions:

a. The subdivider shall pay a cash fee in lieu of providing school land dedication and park land

dedication prior to recording the final plat. The requirement is in accordance with the city subdivision

ordinance and annexation agreement.b. The subdivider shall pay applicable fees incurred as a result of the application approval,

including, but not limited to, utility, remapping, public land dedication, cash-in-lieu fees, legal notice and

legal review, and recording fees.

c. The subdivider shall submit, within one hundred twenty (120) days of the date of this approval,all documents required by the Golden Municipal Code for fmalization of the subdivision plat, includingexecuted copies of the off site access, grading, and utility easement shown on page 2 of the subdivision

plat, and the executed deed from the Colorado Department of Transportation to the City of Golden, as

approved and accepted by Ordinance 1810. The final plat shall be modified to include a note advising

Ordinance No. 1811

Page 3

hereby accepted by the City of Golden, subject however, to the condition that the city shall not undertake

maintenance of any street or avenue, right-of-way, tract, easement or other place designated for public use

until after construction of said public improvement has been satisfactorily completed by the land owner

and accepted in writing by the City of Golden.

Section 5. The Mayor and City Clerk are hereby authorized and directed to certify upon the

final subdivision plat, the city' s approval and acceptance thereof. The City Clerk is hereby authorized

and directed to file the subdivision plat with the Jefferson County Clerk and Recorder' s office uponfulfillment of all conditions as indicated herein.

Section 6. Unless otherwise extended by City Council, the approval ofthe Golden Overlook

Filing No. 1 Final Plat shall be null and void ifthe conditions are not complied with within one hundred

twenty ( 120) days of the date of this ordinance.

Section 7. If any article, section, paragraph, sentence, clause or phrase of this ordinance is

held to be unconstitutional or invalid for any reason, such decision will not affect the validity or

constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it

would have passed this ordinance and each part or parts hereof irrespective of the fact that anyone part or

parts be declared unconstitutional or invalid.

Section 8. All other ordinances or portions thereof inconsistent or conflicting with this

ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.

Section 9. This ordinance is deemed necessary for the protection of the health, welfare and

safety of the community.

Section 10. The repeal or modification of any provision of the Municipal Code of the City of

Golden by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any

penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such

provision. Each provision shall be treated and held as still remaining in force for the purpose of

sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty,forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or

may be rendered, entered or made in such actions, suits, proceedings or prosecutions.

Introduced, read, passed and ordered published the 24th day ofApril, 2008.

Passed and adopted upon second reading and ordered published this 8th day ofMay, 2008.

Susan M. Brooks, MMC

City Clerk

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2008087527 ORD

09/ 17/ 2008 11: 38: 56 AM 4 Page( s)

Jefferson County, CoLorado

ORDINANCE NO. 1811

iY~

AN ORDINANCE OF THE GOLDEN CITY COUNCIL

APPROVING THE VACATION OF A PORTION OF WEST 4TH

AVENUE RIGHT OF WAY AND AN EXISTING UTILITY AND

WATER TANK EASEMENT, APPROVING THE GOLDEN

OVERLOOK FILING NO. 1 SUBDIVISION FINAL PLAT AND

AUTHORIZING THE EXECUTION OF A SUBDIVISION

DEVELOPMENT AGREEMENT WITH RESPECT THERETO

y~WHEREAS, Trailer Source Inc. ( subdivider) has submitted a proposed final subdivision plat

for property within the City of Golden, State of Colorado, entitled Golden Overlook Filing No. 1 Final

Plat, and;

WHEREAS, in conjunction with said final plat the remaining portions of the existing West 4thAvenue right-of-way, as dedicated to the City by the Overlook Business Park Final Plat are to be vacated

and replaced by new public street dedications; and

WHEREAS, also in conjunction with said final plat an existing utility easement for

construction of a municipal water tank, as dedicated to the City by the Overlook Business Park Final Plat

is to be vacated and a new easement is to be dedicated; and

WHEREAS, the Golden City Council conducted a public hearing upon the proposed Final Plat

entitled Golden Overlook Filing No. 1 Final Plat on May 8, 2008.

THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GOLDEN,

COLORADO:

Section 1. All that West Fourth Avenue right of way within the remaining portions of the

Overlook Business Park Final Subdivision Plat, approved by the City of Golden on August 26, 1982, and

recorded in the records of the Jefferson County Clerk and Recorder at Reception Number 82076912, not

including the portions of the Overlook Business Park Final Subdivision Plat acquired by the State of

Colorado or City of Golden for construction of C-470, together with that certain Utility Easement for a

potential City water tank site, also as dedicated by the Overlook Business Park Final Subdivision Plat,

approved by the City of Golden on August 26, 1982, and recorded in the records of the Jefferson CountyClerk and Recorder at Reception Number 82076912, be and the same are hereby vacated.

Section 2. The fmal subdivision plat for Golden Overlook Filing No. 1 Final Plat is hereby

approved subject to the following conditions:

a. The subdivider shall pay a cash fee in lieu of providing school land dedication and park land

dedication prior to recording the final plat. The requirement is in accordance with the city subdivision

ordinance and annexation agreement.b. The subdivider shall pay applicable fees incurred as a result of the application approval,

including, but not limited to, utility, remapping, public land dedication, cash- in-lieu fees, legal notice and

legal review, and recording fees.

c. The subdivider shall submit, within one hundred twenty (120) days of the date of this approval,all documents required by the Golden Municipal Code for finalization of the subdivision plat, includingexecuted copies of the off site access, grading, and utility easement shown on page 2 of the subdivision

plat, and the executed deed from the Colorado Department of Transportation to the City of Golden, as

approved and accepted by Ordinance 1810. The final plat shall be modified to include a note advising

Ordinance No. 1811

Page 3

hereby accepted by the City of Golden, subject however, to the condition that the city shall not undertake

maintenance of any street or avenue, right-of-way, tract, easement or other place designated for public use

until after construction of said public improvement has been satisfactorily completed by the land owner

and accepted in writing by the City of Golden.

Section 5. The Mayor and City Clerk are hereby authorized and directed to certify upon the

final subdivision plat, the city' s approval and acceptance thereof. The City Clerk is hereby authorized

and directed to file the subdivision plat with the Jefferson County Clerk and Recorder' s office uponfulfillment of all conditions as indicated herein.

JSection 6. Unless otherwise extended by City Council, the approval ofthe Golden Overlook

Filing No. 1 Final Plat shall be null and void ifthe conditions are not complied with within one hundred

twenty ( 120) days of the date of this ordinance.

Section 7. If any article, section, paragraph, sentence, clause or phrase of this ordinance is

held to be unconstitutional or invalid for any reason, such decision will not affect the validity or

constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it

would have passed this ordinance and each part or parts hereof irrespective of the fact that anyone part or

parts be declared unconstitutional or invalid.

Section 8. All other ordinances or portions thereof inconsistent or conflicting with this

ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.

Section 9. This ordinance is deemed necessary for the protection of the health, welfare and

safety of the community.

Section 10. The repeal or modification of any provision of the Municipal Code of the City of

Golden by this ordinance shall not release, extinguish, alter, modify or change in whole or in part any

penalty, forfeiture or liability, either civil or criminal, which shall have been incurred under such

provision. Each provision shall be treated and held as still remaining in force for the purpose of

sustaining any and all proper actions, suits, proceedings and prosecutions for enforcement of the penalty,forfeiture or liability, as well as for the purpose of sustaining any judgment, decree or order which can or

may be rendered, entered or made in such actions, suits, proceedings or prosecutions.

Introduced, read, passed and ordered published the 24th day ofApril, 2008.

Passed and adopted upon second reading and ordered published this 8th day of May, 2008.

Susan M. Brooks, MMC

City Clerk

Golden Overlook Filing No. 1

Subdivision Development Agreement

for street trees along the West 4th Avenue as required by Section 18.40. 222 ( 2) of the Golden

Municipal Code.

3. 05 Emergency Vehicle Access Road. The Developer and/or his assigns shall be

responsible for all weather access, maintenance, snow removal, replacement of the bollards, and

signage for the EVA within Tract B. The EVA shall remain free and clear of snow, retain approvedsignage, and ensure that the breakaway bollards are replaced quickly when needed to facilitate

adequate emergency response to and from the subdivision. The EVA easement shall be restricted to

prevent use other than by emergency vehicles through the use of breakaway bollards at locations

approved by the City.

3. 06 Homeowner' s Association. The Developer shall establish a Homeowner' s

Association with powers and authority to fulfill the obligations to own and maintain common areas

within the subdivision and for responsibility of the provisions contained within this Subdivision

Development Agreement and conditions of the Golden Overlook Filing No. 1 preliminary and final

plats.

3. 07 Construction Staging Plan. For anticipated closures of West 4th Avenue, the

Developer shall submit a construction staging plan to be reviewed and approved by the City Engineerprior to construction of improvements to West 4th Avenue.

3. 08 Conveyance of Tracts F and G. Tracts F and G of the Subdivision have been

created to address survey and boundary issues between the Subdivider and the Colorado Departmentof Transportation (CDOT). Tract F is to be conveyed to CDOT and thereupon further conveyed byCDOT to Golden in accordance with the provisions of City of Golden Ordinance 1810. Tract G is to

be conveyed to CDOT to resolve a boundary issue. In accordance with the requirement of Ordinance

1811, approving this subdivision, no building permits will be issued for structures in the subdivision

until all right-of-way necessary for the construction of West 4th Avenue is in the City' s possessionand construction of the road extension has started. Compliance with this requirement of Ordinance

1811, includes the conveyance of Tract F to the City of Golden. The Subdivider will further convey

Tract G to CDOT prior to the issuance of the first building permit in the subdivision.

4.00 LIABILITY LIMITATIONS -- HOLD HARMLESS

4.01 Non-Liability. Developer acknowledges that the City's review and approval of the

plans for the development of the property is done in furtherance of the general public health, safetyand welfare and that no specific relationship with, or duty ofcare to the Developer or third parties is

assumed by such review approval, or immunity waived, as is more specifically set forth in the

Colorado Governmental Immunity Act.

4.02 Hold Harmless. Developer agrees to save, defend and hold the City harmless from

any claims of willful misconduct or negligence brought by any third party against the City which is

attributable to any act or omission of the Developer, its employees, agents, contractors,

subcontractors, and consultants with respect to the property. Developer shall bear all reasonable

costs of investigation and litigation, including reasonable attorney fees, incurred by the City in

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