HomeMy WebLinkAbout2017 Ordinance No. 049ORDINANCE NO. 49
SERIES OF 2017
BY AUTHORITY
COUNCIL BILL NO. 41
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AUTHORIZING THE VACATION OF A SANITARY SEWER
EASEMENT CONTAINING 21649 SQUARE FEET, AT 3555 S. CLARKSON
STREET BY THE CITY OF ENGLEWOOD AND A GRANT OF A SANITARY
SEWER EASEMENT CONTAINING 1,990 SQUARE FEET, AT 3555 S.
CLARKSON STREET, FROM KRF 9651 LLC TO THE CITY OF ENGLEWOOD.
WHEREAS, KRF 965, LLC, purchased the property at 3555 S. Clarkson, and are in the
process of selling the property to CA Senior Living Holdings, LLC to build a senior housing
facility; and
WHEREAS, the construction of the senior housing facility will require reconfiguring the
property in order for CA Senior Living Holdings, LLC to make the most advantageous use
of the building site; and
WHEREAS, KRF 965, LLC has requested that the City vacate the current twenty foot
(20') sanitary sewer easement as set forth on Exhibits A and B of the Agreement, in
exchange for a grant of a new fifteen foot (15') sanitary sewer easement, as set forth on
Exhibits C and D of the Agreement and, which meets the existing easement standards as
set forth under the City of Englewood Wastewater Collection System Specifications; and
WHEREAS, at its June 6, 2017 meeting the Englewood Water and Sewer Board
approved the vacation of the existing sanitary sewer easement and a dedication of the
new sanitary sewer easement to the City of Englewood.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The City Council of the City of Englewood, Colorado, hereby authorizes the
Vacation of the sanitary Sewer Easement located at 3555 S. Clarkson Street as shown on
Exhibits A and 8, attached hereto.
Section 2. The City Council of the City of Englewood, Colorado, hereby authorizes the
acceptance of the Sanitary Sewer/Utility Easement located at 3555 S. Clarkson Street as
shown on Exhibits C and D, to the City of Englewood from the KRF 965, LLC, attached
hereto.
Section 3. The Mayor is hereby authorized to sign and the City Clerk shall attest said
Exhibits A and B Vacation of the Sanitary Sewer Easement for and on behalf of the City of
Englewood.
I
Section 4. The Chief Executive Officer, Dimitrios Balafas, is hereby authorized to sign
said Exhibits C and D Grant of Sanitary Sewer/Utility Easement for and on behalf of KRF
965, LLC.
Introduced, read in full, and passed on first reading on the 19th day of June, 2017.
On July Jld, 2017 Bill for an Ordinance was presented for second reading and was tabled
until July 17, 2017.
Read by Title and passed on final reading on the 17th day of July, 2017.
Published by Title in the City's official newspaper as Ordinance No. fl. Series of 2017, on
the 20th day of July, 2017.
Published by title on the City's official website beginning on the 19th day of July, 2017 for
thirty (30) days.
ATTEST:
I, Stephanie Carlile, Acting 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.11_, Series of 2017.
4fm.
2
VACATION AND GRANT OF SEWER EASEMENT
TlilS GRANT OF AN EASEMENT ("this Grant") is made this ~ .\.h day of fV\ ~
2017 byKRF 96S, LLLC ("Grantor''), whose address is 1S09 York Street, Denver, Colo 80206
to the COY OF ENGLEWOOD, COLORADO ("Grantee" or "City''), whose address is 1000 Englewood
Parkway, Englewood, Colorado 80110.
The Parties covenant and agree as follows:
1. Vacated Utility Easement Property. The "Vacated Utility Easement Property" shall
mean the real property located in the City of Englewood, County of Arapahoe, State of Colorado,
more particularly descnl>ed as:
Set forth in Exhibits A and B
Said parcel contains 2,659 square feet, more or less.
Also known by the street address of:
35S5 S. Clarkson Street, Englewood, Colorado 80110
2. New Utility Easement Property. The ''New Utility Easement Property'' shall mean the
real property in the City ofEnglewood, County of Arapahoe, State of Colorado, more particularly
described as:
Set forth In Exhibits C and D
Said parcel contains 1,990 square feet, more or less.
Also lcnown by the street address of:
3555 S. Clarkson Street, Englewood, Colorado 80110
3. Consideration. As consideration for this Grant, Grantee shall pay to Granter the
sum of Ten Dollars ($10.00) and other good and valuable consideration paid by
Grantee, receipt of which is hereby acknowledged by Granter.
4 . Grant of Easement Granter hereby grants to City, its successors and assigns, a perpetual
casement over, under, across and through the Easement Property for the purpose of constructing,
operating, maintaining, repairing, replacing, removing and enlarging those structures or
improvements of City that City finds necessary or desirable for a sewer line including related
equipment
S. Access. City shall have the perpetual, nonexclusive right to ingress and egress in, to,
over, through and across the Easement Property for any purpose necessary or desirable for the
full enjoyment of the rights granted to City under this Grant
. Restoration. Grantee City agrees that after the construction, maintenance, repair,
replacement, or enlargement of any of the lines and appurtenances, Grantee shall restore the surface of the
Easement Property as nearly as reasonably possible to the grade and condition it was in immediately prior
to said construction, maintenance, repair, replacement, or enlargement, except as may be necessary to
accommodate the lines and appurtenances.
7. No improvements. Granter covenants and agrees not to construct, erect, place or plan
any "improvements," as hereinafter defined, on the Easement Propeny without obtaining the prior written
consent of Grantee. "Improvements" shall mean any structure, building or trees. Grantee shall have the
right to remove, without any liability to Grantor, any improvements constructed, erected, placed or planted
on the Easement Property without Grantee's having obtained the prior written consent of Granter.
8. Right, of Granter. Granter reserves the full right to the undi.stwbed ownership, use and
occupancy of the Easement Property insofar as said ownership, use, and occupancy is consistent with and
does not impair the rights gTIU1ted to Grantee in this Grant.
9. Warranty of Title. Granter warrants and represents that Granter that it is the fee simple
owner of the Easement Property and that Grantor has full right, title and authority, and that this Grant is
effective to grant and convey to Grantee the easements for waterlines and fire hydrants. Granter further
covenants and agrees to indemnify, defend and hold Grantee hannless from and against any adverse claim
to the title of the Easement Property by all and every person or persons lawfully claiming or to claim the
whole or any part thereof.
10. Binding Effect, This Grant shall extend to and be binding upon the heirs, personal
representatives, successors and assignees of the respective parties hereto. The terms, covenants,
agreements and conditions in this Grant shall be construed as covenants running with the land.
IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement the day and
year first above written.
GRANTOR:
KRF965,LLC
By:])/\
XHIBIT A
EASEMENT TO BE ABANDONED
LEGAL DESCRIPTION:
The 20 foot utility eo■ement In Lot 1, Block I, J1ffclorlc Subdlvlllon, dadlcot■d by .old plot at Reception No.
06043314, County of Arapahoe, Slate of Colmado, lyl"9 in the Northeast Quarter of Section 3, Township :S
South, Rang• 118 Wat of the 6th P.M., more partlcularly dNCrlblld a, followa:
8eartn91 are bCl1ed on the North line of Lot I, Block 1, Jelfclartc Subdl\llllan, County of Anlpahoe, Slate of
Colorado, monumented at the Well end with a No. 4 rebClr and yellow pie.Uc cop, 1tomp1d "PLS 14142" ond
at the Ea1t end with a No. 5 rebOI' and oranga pta1tlc cap, ,tamped -PLS J8141" and la a11umed to bear
N 81752'13" E.
Commencing at the NorthwHt comer of sold lat 1; thence along the W■■t llne of ■old lot 1, S 00'13'22" E, o
distance of 5.17 feet lo the Pofllt af Beginning;
Thence N 89'!12' 14 • E, a diatance of 132.34 feet to o point on the moat Northerly Eo1t r.ne of aald Lot 1;
Thence along aold Eaat Une, S 00'34'03" E, a dl,tonce of 20.00 feel to the moll Eo1terty Southw11t comer of
■old Lot 1;
Thence S 89'52'14" W, o dl1tonc:e of 132.61 Ifft lo o point on the Wat llne of told Lot 1:
Thence along 1aid West Une, N 00' 13'22" E. a dl1tance of 20.00 feet to the Point of Be9lnnln9.
Contalnin9 a total calculated o,..o of 2649 equare feet (0.061 acru) of land, more or leu,
Spencer J. Barron
Stole of Colorado Profes11lonal Land Surveyor Na. 381 41
For and on behalf of Barron Land, LLC
BARRON $ LAND
BOUNOAltY 6 MAPPING 6 SUKVE'IING o CONSTilUCTION
20 Boulder Cr.scent, Suite 110 P: 719.360,6827
Colorado Springs, CO 80903 F: 719.488.6527
www.BARRONlAND.com
DATE: 04/04/2017 REV. DATE: PROJECT No.: 16-269 SHEET 1 OF' 1
30
5.17l
POINT OF'
BEGINNING
EXHIBIT B
EASEMENT TO BE ABANDONED
POINT Of' COMMENCEMENT:
NW CORNER, LOT 1
No. S REBAR AND No. 4 REBAR ANO
YPC, "PLS 14142• OPC, •pLS 38141• w
z
N
, .. = 30'
0 30
LOT 1
BLOCK 1
JEF'F'CL.ARK SUBOMSION
60
LOT 2
LEGEND:
e FOUND MONUMENT AS NOTED
OPC ORANGE PLASTIC CAP
YPC YO.low PlASTIC CAP
No. 4 RESAR ANO OPC,
"RUBINO PLS 14142•
----BARRON$ LAND
BOUNOAJIY 6 MAPPING 6 SURVEYING 6 CONSl'RUCiJON ----20 Boulder Cre9Ctlnt. Suite 110 P: 719.3110.6827
Cola,odo Spring•. CO 80903 F': 719.466.15527
www.BARRONLAND.c:om
DATE: 04/04/2017 REV. DATE: PROJECT No.: 16-269 SHEET 1 Of" 1
XHIBIT C
15' UTllJTY EASEMENT
LEGAL DESCRIPTION:
Thot portion of Lot 1, Block 1, Jelfdork Subdivi11ion, recorded ol Reception No, D6043314, County of Arapahoe,
Stole of Colorado, lying in the Northeoat Quarter af S.cllon 3, Town1l,lp 5 South, Range 68 Wnt of the 6th
P .M., mare portlculor1y detcrlbed 011 falfowr.
Bearlngt ore balllld on the North fine of Loi 1, Block 1, Jeffclark Sllbdlvltlon, county of Aropohoe, Stole of
Colorodo, monumented ot the Wut end with o No, 4 rebar ond yellow ploatlc cor, stamped "PlS 14142' and
at the East and ■Ith a No. 5 rabor ond Ol'llnge plo1llc cap, stomped 'PlS 3814 • and 11 a11111med lo bear
N 811'52'13" E.
Commencing ot the Northwe■t cam■r of sold Loi 1; thence along the We■t ffne of said Lot 1, S 00'13'22" E, a
dlslonce of 9.00 feet to the Point of Beginning:
Thence N 86"22' 13" E. Cl distance of 132.57 fe■t to a point on the moat Northerly Ealll fine of aakl Lot 1:
Thence along sold Eaat lln,, S 00'34'03" E, o dl1tonce of 15.02 feet:
Thence S 86'22'13" W, ci dl1tance of 132.78 fut to a paint on the West lln■ of aold Lot 1:
Thence along said Weit fine, N 00'13'22" E, ci distance of 15.03 feet to the Point of Beginning.
Containing o total calculated cireo of 1990 square feet (0.046 acres) of land, more or las.
Spencer J. Barron
State of Colorcido Professlonol Land Surveyor No. 38141
For and on behalf of Barron Land, LLC
BARRON$ LA.No
BOUNDARY A MAPPING A SURVEYING A CONSTRUCTION
20 Boulder Cre1cent, Sui te 110 P: 719.360.6827
Colorado s.,rlng,, CO 80903 F': 719.46 6,6527
www.BARRON NO.com
DATE: 04/04/2017 REV. DATE: PROJECT No.: 16-269 SHEEf 1 OF 1
EXHIBIT D
15• UTILITY EASEMENT
POINT OF COMMENCEMENT:
NW CORNER, LOT I
No. 4 REBAR ANO
YPC, "PLS 14142•
BASIS OF BEARINGS
N 811'52'13" E 132.28'
13
No. 5 REBAR ANO
OPC, "PLS 38141• 161
°Sa;.. -~-t22~~~~~rr,t~;......7~!~
--------■
=
z
N
1" = 30'
30 0 30 -------
DATE! 04/04/2017 REV. DATE:
LOT 1
No. 4 REBAR AND OPC,
9RUBINO PLS 14142"
BLOCK 1
JEFFCLARK SUBDIVISION
60
LOT 2
LEGEND:
e FOUND MONUMENT AS NOlEO
OPC ORANGE PLASTIC CN>
YPC YELLOW PlASTIC ~
BARRON$ LAND
BOUNDAllY A MAPPING A SURVEYING II CONSl'RUCFION
20 Boulder CrHcent, Sult• t t O P: 719.380.6827
Colorado Spring■, CO 80903 F: 719.466.6527
www.8ARRON D.com
PROJECT No.: 16-269 SHEET t OF 1
TATE OF Cc~ \o~,=\b )
COUNTY OF \)t•~\Je.t"' )
) ss.
KATHERINE L BETTIS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID I 20184022330
MY COMMISSION EXPIRES JUNE 10. 2020
The foregoing insttument was acknowledged before me this 'ft\ day of t-1\. ""'-.3
KRF 96S, LLC. 0~ 0 I -'-\ t...i6 ~ ~ c...\o..~ ~ 1 0.. !> C. l?O
My Commission expires: __ (e_\ .... ,_o_)'"Z.o __ :4_) ____ _
GRANTEE:
CITY OF ENGLEWOOD, COLORADO
-3-
, 2017, by