The URL can be used to link to this page

Home My WebLink About2021 Ordinance No. 009 Page 1 of 3 BY AUTHORITY ORDINANCE NO. 9 COUNCIL BILL NO. 05 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE AUTHORIZING THE VACATION OF A PORTION OF SOUTH HURON STREET RIGHT-OF-WAY, ALL LOCATED IN THE NORTHEAST QUARTER OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. WHEREAS, W. H. Investments, Inc. has requested that a portion of South Huron Street be vacated for construction of the W H Planned Unit Development ("PUD") as set forth on the legal description and drawing identified as Exhibit A, and attached hereto; WHEREAS, communications from Century Link indicates that they are not opposed to the proposed vacation, and that the developer will need to coordinate with Century Link to establish a new easement for Century Link's service line, as set forth in Exhibit B, and attached hereto; WHEREAS, communication from Comcast indicates that they are not opposed to the proposed vacation, and that the developer will need to coordinate with Comcast to establish new easement for Comcast's facilities on the property, as set forth in Exhibit C, and attached hereto; WHEREAS, communication from Xcel Energy indicated that it has facilities within the area of proposed vacation, and established that Xcel Energy would not oppose the vacation of the street subject to certain conditions, as set forth in Exhibit D, and attached hereto; WHEREAS, no abutting property owners were subject to notification of the request for vacation as the street subject to the proposed vacation are encompassed by the PUD property; WHEREAS, on December 8, 2020, the Englewood Planning and Zoning Commission reviewed the requested vacation and thereafter voted to recommend approval of the requested vacation to the Englewood City Council; and WHEREAS, the notice of a Public Hearing to be held before the City Council was published on February 4, 2021. Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council, after being duly and fully informed as to fully understand the true nature of this application for vacation of right-of-way and the propriety of granting the same at a public hearing held on February 16, 2021 makes the following findings: 1. That due and legal notice of the public hearing was given on February 3, 2021 and February 4, 2021 respectively, upon the City’s website and printed in the Englewood Herald. 2. No private rights will be injured or endangered by the vacation of a portion of South Huron Street, and the public will suffer no loss or inconvenience thereby. 3. In justice to the applicant, the request of the applicant ought to be granted. 4. No written objection to said vacation has been filed with the City by an owner or adjoining owner who would be a proper party to the action requested by the applicant. Section 2. Additional agreements. 1. W. H. Investments, Inc. will continue to grant access to the City for maintenance of the existing four-inch (4") and six-inch (6") water main system until the new eight-inch (8") water main system has been constructed and accepted by the City; 2. W. H. Investments, Inc. will continue to grant access to the City for repair and maintain the existing twenty-four-inch (24") sanitary sewer main currently crossing through the property, and which shall remain in operation during and after the redevelopment has taken place. 3. W. H. Investments, Inc. will dedicate to the City by a recorded Subdivision Plat such newly constructed eight-inch (8") water main system and associated utility easement; 4. W. H. Investments, Inc. will dedicate to the City by a recorded Subdivision Plat such newly constructed eight-inch (8") sanitary main system and associated utility easement. Section 3. The City Council of the City of Englewood, Colorado, hereby approves the vacation of the right-of-way as set forth within Exhibit A, subject to the agreements as set forth within Section 2 of this Ordinance, all as described within Exhibits B, C, and D, all four Exhibits hereby incorporated herein, and all in accordance with C.R.S. 43-2-303(3) reserving to the City those rights for public utilities, rights-of-ways and easements for public service facilities originally held in such plat, street, alley, easement and/or public reservation in existence and use until Page 3 of 3 such time as those public service facilities have been relocated and accepted by the associated public utility. Section 4. This Ordinance shall take effect and be in force from and after publication in accordance with § 40 of the Home Rule Charter of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 1st day of March, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 4th day of March, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 3rd day of March, 2021 for thirty (30) days. Read by Title and passed on final reading on the 15th day of March, 2021. Published by Title in the City’s official newspaper as Ordinance No. 9, Series of 2021, on the 18th day of March, 2021. Published by title on the City’s official website beginning on the 17th day of March, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. 9, Series of 2021. Stephanie Carlile 400 80