HomeMy WebLinkAbout2016 Ordinance No. 016•
ORDINANCE NO. Jk-
SERIES OF 2016
BY AUTHORITY
COUNCIL BILL NO. 13
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AUTHORIZING THE VACATION OF THE NORTHERN 78.5 FEET OF
THE ALLEY EAST OF THE 3400 BLOCK OF SOUTH ACOMA STREET AND DEDICATION
OF A 125 FOOT TRANSPORTATION/UTILITY EASEMENT LOCATED IN A PORTION OF
LOTS 5 AND 6, BLOCK 2 OF CITY GARDENS SUBDMSION EAST OF THE 3400 BLOCK
OF SOUTH ACOMA STREET BY THE ENGLEWOOD URBAN RENEW AL AUTHORITY TO
THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the City Council of the City of Englewood authorized the sale of 3415 South
Broadway to the Englewood Urban Renewal Authority (EURA) by the passage of Ordinance No.
61, Series of 2013; and
WHEREAS, representatives of Medici Communities, the proposed developer of the Acoma
Redevelopment sites, has requested the vacation of a portion of the alley east of the 3400 block of
South Acoma; and
WHEREAS, Medici Communities is the proposed developer of the Acoma Redevelopment
sites, the plan includes the construction of approximately 11,000 square fee of retail/commercial
space and 111 one and two bedroom apartment units; and
WHEREAS, in exchange for the vacation of the northern 78.5 feet of the existing alley, as set
forth in Exhibit A, a new Transportation/Utility Easement will be dedicated by the Englewood
Urban Renewal Authority (EURA) to the City of Englewood to provide public access to the 3400
block of South Acoma Street as set forth in Exhibit B; and
WHEREAS, there are existing Utility Easements throughout the properties; and
WHEREAS, EURA its successors and assigns shall provide access to the vacated alley for the
purpose of maintaining the utilities therein, until such time as the utilities are moved to the new
Transportation/Utility Easement; and
WHEREAS, these Utility Easements are located in the Alley running North and South in the
3400 Block of South Acoma Street subject to vacation; and
WHEREAS, potential Utility Easement users identified were Xcel Energy, Qwest Corporation
d/b/a Century Link and the City of Englewood Utilities Department; and
WHEREAS, Xcel Energy and CenturyLink have no objection to vacation of the easements; ru:,d
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WHEREAS, in the event EURA its successors or assigns fail to begin construction or utilize the
vacated alley, such failure shall constitute abandonment, and said vacated alley shall revert 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 Alley located East of the 3400 block of South Acoma Street as shown on Exhibit
A, attached hereto.
Section 2. The City Council of the City of Englewood, Colorado, hereby authorizes the
acceptance of the Dedication of a Transportation/Utility Easement located in Lots 5 and 6, Block 2
o f the Cit y Gardens Subdivision East of the 3400 block of South Acoma Street as shown on
Exhibit B, to the City of Englewood from the Englewood Urban Renewal Authority in the City of
Englewood attached hereto.
Section 3. The Mayor is hereby authorized to sign and the City Clerk shall attest said Exhibit B -
Dedication of Transportation/Utility Easement for and on behalf of the City of Englewood.
Section 4. The Executive Director of the Englewood Urban Renewal Authority is hereby
authorized to sign said Exhibit B -Dedication of Transportation/Utility Easement for and on behalf
of the Englewood Urban Renewal Authority.
Introduced, read in full, and passed on first reading on the 14th day of March, 2016.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 17th day of
March, 2016.
Published as a Bill for an Ordinance on the City's official website beginning on the 16th day of
March, 2016 for thirty (30) days.
Read by title and passed on final reading on the 4lh day of April, 2016.
Published by title in the City's official newspaper as Ordinance No. &., Series of 2016, on
the 7th day of April, 2016.
Published by title on the City's official website beginning o
April, 2016 for thirty (30) days.
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I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is , yue copy of the Ordinance passed on final reading and published by
title as Ordinance No. {41!, Series of 2016 .
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EXHIBIT A
A PARCa OF LAND BBNG A PORTION OF lHE 18 FOOT WIDE PUBLIC ALLEY BEMEN LOTS 44
THROUGH 47, INCWSl\t'E, BLOCK 1, ENWOOO ADDITION AS FILED IN THE ARAPAHOE COUNTY CLERK
AND RECORDER'S OfflCE AT PLAT 8001< 3, PAGE 40 AND LOTS 2 lHROUQi 5, INCLUSI\€, BlOCK 2,
CITY GARDENS AS Al.ED IN THE ARAPAHOE COUNTY CLERK AND RECORDER'S OfFIC£ AT PLAT 8001<
5, PAGE 38; S11UATED IN 1HE SOUlHWEST QUARTER OF SECTION 34, TO~SHIP 4 SOUTH, RANCE 68
v.£ST OF THE SIXlH PRINCIPAL MERIDtAN, QTY OF ENGLEWOOD, COUNTY OF ARAPAHO£. STAlE OF
COLORADO MOR£ PARllCULARLY DESCRIBED AS F<UOWS:
BEGINtfNG AT lHE SOU1HYl£ST CORt£R OF PARca I OF EXHIBIT A AS DESCRIBED AT 8001< 4256,
PAGE 139 AS FILED IN TiiE ARAPAHOE COUNTY CLERK AND RECORDER'S OFFICE; SAID POINT BEJNG
ON THE Ytf:ST LINE OF SAi) LOT 47; THENCE S00'08'12"W, ALONG lHE WEST LINE OF SAID LOTS 47,
46, 45, AND 44, A DISTANCE OF 78.51 FEET TO THE SOUTHWEST CORNER OF SAID LOT 44; THENCE
N89'51'51"W A DISTANCE OF 18.00 FEET TO A POINT ON lHE EAST UNE OF SAID LOT 5; THENCE
N00'08't2•E, ALONG lHE EAST LINE OF SAID LOTS 5, 4, J, AND 2, A DISTANCE OF 78,51 FEET TO A
POINT ON lHE EAST LINE OF SAID LOT 2; SAID POINT BEING THE SOUTHEAST COONER OF PARCEL 2
OF EXHIBIT A AS DESCRIBED AT SAID 8001< 4256, PAGE 1J9i lHENCE S89'52'0B•E A DISTANCE Of
18.00 FEET TO lHE POINT OF BEGINNING:
SAID PARCEL CONTAINS 1,413 SQUARE FEET, 0.032 ACRES, MORE OR LESS.
lHIS LEGAL DESCRIPTION WAS PREPARED BY:
DON LAMBERT, PlS JOSJO
FOR AND ON BEHALF Of Esl land survt}'lng, lie
P1\Ea Pro)ocb\tteodwoJ Ull1\dw9\nl alllblll lltoodwoJ 1.111'11 0tlll5.d1111 1/11/2015 4:29:55 PII MDT
SHEET 1 OF 2
Esi land
surveying, Ile
3531 S. Logan St. D-324
E11glewood, CO 80113
Pit: 303-340-0113
DATE 1/11/15 f'RO,Gf NQ. 1&--144
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• EXHIBIT A
Scale: ,. -JO'
1 1 l i
Kf"ST £NGL£WOOD PKWY.
(VAAIAU ll>lH PUllJC RIQfT <E WAY)
-LOT 1 -PJ.2 Ii --: LC~~ :a pr,-----
EJOtaTA I ElOtBITA
SIC 4258,, PO 131 I I ---------11C ~ Pa 131 --------________ .:s~a'----! ! LOT 47 »r.•
LOT 2 S89°52'06"E
'ia
,C
LOT 43
LOT 42
~--------------------SHEET 2 OF 2 -------------
LOT 8
LOT 41 Esi land
-----------------surveying, /le
------------LOT 40
LOT 8 ~----------------
------------LOT 38
C P:~ l'n)leb\llniodw-, l.olb\dlil\osl 111,1,111 llrwdW111 ldl 081115.dltt 1/11/2015 4:21:55 PU MOT
3531 S. Logan St. D-324
Englewood, CO 80113
Ph: 303-340-0111
OA1E 11/18/15 PRO£f NO. 15-144
DEDICATION OF TRANSPORTATION/UTILITY EASEMENT
THIS DEDICATION OF A TRANSPORTATION/UTilJTY EASEMENT IN A PORTION
OF LOTS AND LOT 6 OF BLOCK 2 OF 1HE CITY GARDENS SUBDMSION, EAST of
the 3400 Block of South Acoma Street, Englewood, Colorado, made this ___ day of
_______ __,2016, by and between the ENGLEWOOD URBAN RENEWAL
AUTIIORITY (Granter) and the CITY OF ENGLEWOOD. a municipal corporation of the State
of Colorado. Englewood (Grantee).
WHEREAS, ENGLEWOOD URB AN RENEW AL AUTHORITY is, by warranty deed, fee
owner of real property located in the County of Arapahoe, State of Colorado, as described in
Exhibit B; and
WHEREAS, it is essential that Englewood have continuous and uninterrupted use of the
Transportation/Utility Easement without interference from any other party; and
WHEREAS, any damage or interruption to the Transportation/Utility Easement would result
in significant actual and consequential damages; and
NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10) and other
good and valuable ENGLEWOOD URBAN RENEW AL AUTHORITY, for itself, its successors
and assigns. hereby GRANTS, BARGAINS, SELLS AND CONVEYS TO GRANTEE (CITY),
ITS SUCCESSORS AND ASSIGNS, SUBJECT TO TIIE TERMS AND CONDmONS SET
FORTII HEREIN, AS FOLLOWS:
A Transportation/Utility Easement in a portion of Lot 5 and Lot 6 of Block 2 of the City
Gardens Subdivision extending to the 3400 Block of South Acoma Street, described in Exhibit B
attached hereto, "the Easement area";
1. Granter warrants that it is the fee simple owner of the property described in
Exhibit B and that Granter has full right. title, and authority to grant the
easement and right of way to Grantee. Grantee reserves the right to use the
Easement Area for purposes not inconsistent with the grant herein.
2. Grantee shall not impair subjacent and lateral support of Grantor's property.
3. Each and every one of the benefits and burdens of this grant of easement shall
inure to and be binding upon the parties hereto and their legal representatives,
successors, and assigns .
4 . Grantee does not relinquish any authority, rights, or privileges it may exercise as
a Colorado home rule city.
5. This agreement supersedes any and all agreements, written or oral, heretofore
entered into between the parties or their predecessors.
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IN WITNESS WHEREOF, the parties hereto have executed this Dedication of Easement the
day and year first above written.
STATE OF COLORADO )
) ss.
By:
GRANTOR:
ENGLEWOOD URBAN RENEW AL
AUIHORITY
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me tbid.!!,_ ~y of ~ (,tA_(.,, l\..
2016 by Michael Flaherty as the Executive Director of the Englewood Urban Renewal Authority.
Witness my hand and official seal.
My Commission expires:
Ocntu,<, ll, cbDL9
Linda Trujillo
Notary Public
State of Colorado
Notary ID 20114064469
Expires 10/11/2019
ATTEST:
Loucrishia A. Ellis , City Clerk
-2 -
❖& ~ otary Public
GRANTEE:
CITY OF ENGLEWOOD, COLORADO
a municipal corporation
Joe Jefferson, Mayor
EXHIBIT B
St:alc 1• • 311
l I ,t l
WEST ENGLEWOOD PKWY.
(VARIAII.£ \\1D1H PlllUC RIQO' OF WAY)
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,-----r--
PARc!a.2
I D'HIBIT A LOT 1 I
SIC 4W, pa m I
'J7.ff -------------------1
POINT OF
COMMENCEMENT
LOT 2 I
LOT 2
LOT 3
:::---00 •
0 II")
D 00
-------------·BLK 2 ---
LoT 4 g
c;,i
--POINTOF ·--------------
EGINNING LOT 5
2.3' S89°52106 11E
LOT 9
LOT 10
P:\[.I Pra \l!raodwcr, Lolt1\t1w1\al ahlb!l1 llreadwgr lolll 0121118, 1/20/20111 4:4!1:411 PM MST
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~ ~
ia .... -
-~r,
DHISTA f ----BK ..., PO l'JI -
I 'J7
I LOT 47
----------
LOT 48
----------
LOT 46 2' -'CJ
BLK 1 ---~--, ,....,
LOT 44 Q Q~
<a; rt ,,,
Qr
LOT 43 1:J ~ 'CJ
~ -------,..:!It--
2:
LOT 42 111
----------
LOT 41
SHEET 2 OF 2
Esi land
surveying, lie
3531 S. Logan St. IJ.324
Englewood, CO 80113
P/J: 303-34O-DJ 13
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, '' • I ·..----------------------------------EXHIBIT B
A PARCEL OF LANO BEING A PORTION OF PARCEL I OF 11-IE LANDS DESCRIBED AT BOOK 4405, PAGE
663, RECEPTION NO. 2517132 AS ALEO IN lHE AAN>AHOE COUNTY CLERK AND RECORDER'S OFFICE;
SAID PARCEL ALSO BEING A PORTION OF LOT 5 AND LOT 8, BLOCK 2 OF QTY GARDENS, A
SUBOl\1S10N FlLED IN THE AAAPAHOE COUNTY Cl.ERK AND RECORDER'S OFFlCE' A'r PLAT BOOK 5,
PAGE JB: S11\JATED IN ntE SOUTHWEST QUAR'l[R OF' SECTION 3~ TOWNSHIP 4 SOUlH, RANGE 68
WEST OF THE SIXlH PRINCIPAL MERIDIAN, CITY OF' ENGLEWOOD, COUNTY OF ARAPAHOE. STATE OF
COLORADO MORE PARTICULARLY DESCRIBED AS FOU.OWS:
COMMENCING AT lHE NORTH'ltEST CORNER OF SAID PAACEL I; SAID POINT BEING 37.5' SOUlHERl.Y
OF lHE NORlHWEST CORNER OF LOT 1, BLOCK 2 OF SAID QTY GARDENS; lHENCE S00'08'12"W,
ALONG ntE \'EST LINE OF SAID BLOCK 2, A DISTANCE OF 85.17 FEET TO A POINT ON lHE WEST
LINE OF SAID LOT 5; SAID POINT BEING THE POINT OF BEGINNING: THENCE SB9'52'06"E A DISTANCE
OF 125.00 FEET TO A POINT ON 1HE EAST LINE Of SAID LOT 5; lHENCE S00'08'12•w, ALONG lHE
EAST LOT OF SAID LOT 5 AND SAID LOT 6, A DISTANCE OF 38.00 FEET; THENCE ALONG A
NON-TANGENT CURVE TO ntE L£FT 1M1H A RADIUS OF 15.00 FEET, AN ARC LENGTH OF 23.56 FEET,
A CENTRAL ANGLE OF 90'00'18", AND A CHORD BEARING N44451'57"W A DISTANCE OF 21.21 FEET;
THENCE N89'52'06•W A DISTANCE OF 110.00 FEET TO A PCXNT ON lHE WEST LINE OF SAID LOT 8:
THENCE NOO'OB'12•E. ALONG THE WEST LINE OF' SAID LOT 6 AND SAID LOT 5, A DISTANCE OF 23.00
FEET TO lHE POINT CF BEGINNING;
SAID PARCEL CONTAINS 2,923 SQUARE FEET. 0.067 ACRES, MORE OR LESS.
THIS LEGAL DESCRIPTION WAS PREPARED BY:
DON LAMBERT, PLS 30830
FOR ANO ON BEHAl.f' OF Eal land 11t1rveylng, lie
P1 \Ell l'rojtcts\Braodwoy t.ofla\dw9\HI 1ahlblll Broadway Lofte 012011.dwg 1/20/2011 41 4&48 PU MST
SHEET 1 OF 2
Esi land
surveying, llc
3531 S. Loga11 St. D-324
Englewood, CO 80113
Pl,: 303-340-0113
DA'li 1/20/18 PRO.EDT NO. 15-144
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COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
9biv Vacation/Dedication of a
April 4, 2016 portion of Alley East of
3400 South Broadway-2nd
Reading.
Initiated By: Staff Source:
Public Works Department Dave Henderson, Deputy Public Works
Director
PREVIOUS COUNCIL ACTION
Ordinance No. 61, Series of 2013, authorizing the sale of 3415 South Broadway to the
Englewood Urban Renewal Authority (EURA) was passed on final reading on
November 4, 2013. Staff discussed this proposed Vacation and Dedication at the
February 8, 2016 Study Session.
RECOMMENDED ACTION
Staff recommends Council approval of a bill for an ordinance, on second reading,
authorizing the Vacation of a portion of the alley east of 3400 South Acoma Street and
the acceptance of a Transportation and Utility easement for public access to South
Acoma Street.
BACKGROUNDt ANAL YSISt AND ALTERNATIVES IDENTIFIED
Medici Communities, proposed developer of the Acoma Redevelopment sites, has
requested the vacation of a portion of the alley east of 3400 South Acoma Street. In
exchange, an easement will be dedicated by the Urban Renewal Authority providing
public access to 3400 South Acoma Street.
Development plans for this site include the construction of approximately 11,000 square
feet of retail/commercial space and 111 one and two bedroom apartment units.
To facilitate development, Public Works supports the vacation of the north 78.5 feet of
the alley east of 3400 South Acoma Street for the following reasons:
• The north end of the existing alley does not have physical access to Englewood
Parkway.
• Access to Englewood Parkway is not recommended due to the proximity to
Broadway, as well as safety concerns.
• An easement will be dedicated to the public providing access to South Acoma
Street.
• The developer will be responsible for constructing and maintaining the
easement area.
• The developer will be responsible for relocating existing utilities in the vacated
portion. Existing utilities include: storm sewer, sanitary sewer, phone, cable,
gas, and electric.
• Englewood Utilities has approved conceptual plans for relocating sanitary, and
storm lines.
• Private utilities provided letters supporting the proposed relocations.
• Development of the site will be enhanced by permitting a building to be
constructed over the vacated portion of the alley.
Should the development not proceed, the documents include a reversion right where by
the vacated portion of the alley would be returned to the City.
FINANCIAL IMPACT
No direct financial impact is associated with this vacation/dedication. Development of
the site will improve the City's tax revenues.
LIST OF ATTACHMENTS
Ordinance
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COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
March 14, 2016 11aiii Vacation/Dedication of a
portion of Alley East of
3400 South Broadway.
Initiated By: Staff Source:
Public Works Department Dave Henderson, Deputy Public Works
Director
PREVIOUS COUNCIL ACTION
Ordinance No. 61, Series of 2013, authorizing the sale of 3415 South Broadway to the
Englewood Urban Renewal Authority (EURA) was passed on final reading on
November 4 , 2013. Staff discussed this proposed Vacation and Dedication at the
February 8, 2016 Study Session.
RECOMMENDED ACTION
Staff recommends Council approve a bill for an ordinance authorizing the vacation of a
portion of the alley east of 3400 South Acoma Street and the acceptance of a
Transportation and Utility easement for public access to South Acoma Street.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Medici Communities, proposed developer of the Acoma Redevelopment sites, has
requested the vacation of a portion of the alley east of 3400 South Acoma Street. In
exchange, an easement will be dedicated by the Urban Renewal Authority providing
public access to 3400 South Acoma Street.
Development plans for this site include the construction of approximately 11 ,000 square
feet of retail/commercial space and 111 one and two bedroom apartment units.
To facilitate development, Public Works supports the vacation of the north 78.5 feet of
the alley east of 3400 South Acoma Street for the following reasons :
• The north end of the exi sting alley does not have physical access to Englewood
Parkway.
• Access to Englewood Parkway is not recommended due to the proximity to
Broadway, as well as safety concerns.
• An easement will be dedicated to the public providing access to South Acoma
Street.
• The developer will be responsible for constructing and maintaining the
easement area.
• The developer will be responsible for relocating existing utilities in the vacated
portion. Existing utilities include: storm sewer, sanitary sewer, phone, cable,
gas, and electric.
• Englewood Utilities has approved conceptual plans for relocating sanitary, and
storm lines.
• Private utilities provided letters supporting the proposed relocations.
• Development of the site will be enhanced by permitting a building to be
constructed over the vacated portion of the alley.
Should the development not proceed, the documents include a reversion right where by
the vacated portion of the alley would be returned to the City.
FINANCIAL IMPACT
No direct financial impact is associated with this vacation/dedication. Development of
the site will improve the City's tax revenues.
LIST OF ATTACHMENTS
Ordinance
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