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Home My WebLink About2021 Ordinance No. 010 Page 1 of 3 BY AUTHORITY ORDINANCE NO. 10 COUNCIL BILL NO. 06 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE AUTHORIZING THE VACATION OF A PORTION OF WEST CORNELL STREET RIGHT-OF-WAY AND A PORTION OF THE ASSOCIATED ALLEY, ALL LOCATED IN THE SOUTHEAST QUARTER OF SECTION 34, 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, has requested that a portion of West Cornell Avenue and associated alley 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 either the street or alley 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 and alley 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 West Cornell Avenue and associated alley, 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 6-inch (6") water line until the new eight- inch (8") water main has been constructed and accepted by the City; 2. W. H. Investments, Inc. will continue to grant access to the City for maintenance of the existing 8-inch (8") sanitary sewer main system until such time as the main is partially abandoned and/or removed, and any remaining portion of the sanitary sewer main remaining in service shall remain in service in perpetuity and continue to be owned and maintained by the City; 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 sewer 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 and alley 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 Page 3 of 3 use until 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. 10, 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. 10, Series of 2021. Stephanie Carlile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rom:Elkins, James To:Kevin Roth Cc:Alex Krasnec; Erik Sampson Subject:RE: Winslow Crane - New Apartments Date:Wednesday, February 3, 2021 1:47:32 PM Attachments:N.821393 field notes 3001 S Galapago ST-no GIS.pdf USE CAUTION: This email originated from outside of the organization. DO NOT CLICK LINKS or OPEN ATTACHMENTS unless you have verified the sender and know that the content is legitimate. Centurylink has no problem with the new easements and or right of way. Attached is a drawing of the proposed route to relocate existing cable. Any questiond please call. Thank you James Elkins | OSP Field Engineer MOUNTAIN, LTD. Cell: 720-545-6037 801 W Mineral Ave. Suite 100 Littleton, CO 80120 james.elkins@lumen.com Exhibit B N.821393 F.2800879ENWDCOMAARAPAHOEENGLEWOODJIM ELKINS720-545-6037JOE PEROMOUNTAIN LTD.1111/8/21NOT TO SCALES=SEWERF=FIRE HYDRANTNEW 48" ROUND TR-HH #2W/ 50' FIBER LOOP;COPPER PASS THROUGHHHXXXXXXXXXXXXXXNEW 1730 HH #1XXXXHHNEW 4' S/W DG&AP.695_A0878920HD 4'00+4401+0000+0000+04PITPITPITPITAERIAL COPPER & FIBER CONTINUEAERIAL COPPER & FIBER CONTINUEHD 4'DN 22'02+12NEW 1730 HH #300+8301+9202+99P.A087891901+96P.3001_A0877163P.3003_A0877162P.3007_A0877161P.3013_A0877160+ UP 18'02+9500+47S1.27391.038560' ROW51' ROWFFIRE HYDRANTX X X X X XXXX REMO 299' BKMA-100REMO 212' ANMW-100W CORNELL AVETO W DARTMOUTH AVETO COS GALAPAGO STD/W(DIRT)16' ALLEY(DIRT)XCTL TO REMO (1) DGCTL TO REMO P.A0878919;(2) DG&AXCEL TO REMO THREE POLES00+0000+19 EOA00+49 EOANEW DG&ASPLICE FIBER & NEW ANMW-100 THEN DOWN 22' ON P.695;PLACE (1) NEW 4' S/W DG&A AT P.695;HAND DIG FIBER & COPPER 4' FROM P.695 TO NEW 1730 HH #1;BORE 503' NEW 2" FIBER DUCT & NEW ANMW-100 IN SAME BORE FROM NEW HH #1 TO NEW 1730 HH #3 AT P.3013;HAND DIG 4' TO P.3013, THEN UP 18' & SPLICE BOTH CABLES;PLACE (1) NEW MST AT P.3013;PLACE (1) NEW DG&A AT P.3013;PLACE (2) NEW 1730 HHs;PLACE (1) NEW 48" ROUND TRAFFIC-RATED HH (#2) AT 01+00;PLACE 50' FIBER LOOP IN TR-HH, COPPER CABLE IS A PASS-THROUGH;REMO P.A0878919 & (2) DG&As;REMO (1) DG AT P.3003;REMO (1) MST, (1) 49A TERMINAL; (3) SPLICE CASES;REMO 90' 50-PR CABLE TO 3018 S HURON ST;REMO 80' (1) FIBER DROP;REMO 511' AERIAL BROWNFIELD FIBER, 212' AERIAL ANMW-100, 299' AERIAL BKMA-100;MOVE & REATTACH (1) DROP TO P.3013;CITY OF ENGLEWOOD PERMIT REQUIRED;TRAFFIC CONTROL REQUIRED.B=511'HHNOTE: POSSIBLE ROCK IN BORE AREA. City of Englewood Subject: Letter of No Objection – Easement Vacation, 3002 S. Huron St. Englewood, CO 80110. ROW Vacation Exhibit To whom it may concern: Comcast has reviewed a request to vacate the access and utility easement at 3002 S. Huron St. Englewood, CO 80110. the vacation of the alley will be approved contingent vacations are acceptable, with conditions that the proposed easements are dedicated Existing Alley. Exception we do have facilities running North and south in the existing Utility ROW on Aerial poles in the existing alley of Cornell St. and will need to have a path provided by developer to reroute facilities to feed services impacted. Please contact me if you should have any questions or concerns at 720-460-7799. Sincerely, Greg Jaeger Comcast of Colorado Construction Specialist 2 Exhibit C Siting and Land Rights Right of Way & Permits 1123 West 3rd Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571. 3284 donna.l.george@xcelenergy.com January 19, 2021 City of Englewood Planning Department Englewood Civic Center - 1000 Englewood Parkway Englewood, CO 80110 Re: Right of Way Vacation in Englewood To Whom It May Concern: Public Service Company of Colorado’s (PSCo) Right of Way & Permits Referral Desk has reviewed the documentation for Right of Way Vacation in Englewood. Given that PSCo has existing intermediate pressure natural gas and overhead electric facilities within the “Cornell and alley” exhibit area and both low and intermediate pressure gas main facilities in the “Huron” area, easements are required to cover these utilities. Prior to the vacation, the property owner/developer/contractor must contact Robyn Martinez, Right-of-Way Agent at robyn.m.martinez@xcelenergy.com for all required express PSCo easement documents in order that these facilities remain protected with land rights. Please note that the timing between vacation and new easement is critical. The easements must be recorded directly and immediately after the vacation is recorded. Donna George Right of Way and Permits Public Service Company of Colorado dba Xcel Energy Office: 303-571-3306 – Email: donna.l.george@xcelenergy.com Exhibit D 475318910111262S GALAPAGO ST(ROW VARIES)W CORNELL AVE(60' ROW)77119910102244553311111212BNSF RAILWAY(WIDTH VARIES)W BATES AVE(60' ROW)VARIABLE WIDTHPUBLIC ROW16' PUBLIC ALLEY(TO BE VACATED)NLEGEND:CDOT PROPERTYPUBLIC ROW TO REMAINPUBLIC ROW TO BE VACATEDUTILITY EASEMENT10' TRAIL EASEMENT24' ACCESS EASEMENTEXISTING UTILITY EASEMENTTO REMAINEXISTING EASEMENT TO BEVACATEDBUILDING NUMBERS##WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANFile Name: S:\_Projects\181201 - Winslow Crane\CADD\Sheet Sets\PUD SDP\6 - PARCEL & EASEMENT DISPOSITION PLAN.dwg Plotted by: Kevin Roth Date: 9/25/2020 2:57 PMWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANPARCEL & EASEMENT DISPOSITION PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJMTJM18120109/21/20206of632SHEET NUMBER:ISSUE DATE: DATEREVISIONS BYPREPAREDFOR:7853 E. ARAPAHOE COURT, SUITE 2500CENTENNIAL, CO 80112PHONE: 303-841-9365DESIGNED BY:DRAWN BY:JOB NUMBER:LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADONOTE: ALL RIGHT OF WAY AND EASEMENT LIMITS ARE APPROXIMATE.CONFIRMATION OF EXISTING CONDITIONS WITH THE ALTA SURVEY AND TITLEWORK, ALONG WITH A COORDIANTED EFFORT WITH THE CITY DURING THE PLATPROCESS WILL CREATE THE FINAL LIMITS.Exhibit E