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HomeMy WebLinkAbout2015 Ordinance No. 013• ORDINANCE NO.~ SERJES OF 2015 BY AUTHORITY COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE APPROVING AN AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, AND SOUTH SUBURBAN PARK AND RECREATION DISTRICT APPROVING AN EASEMENT ACROSS CITY PROPERTY FORA SEGMENT OF THE BIKE PATHWAY. WHEREAS, the City of Englewood is the owner of the property known as the "Orphan Property"; and WHEREAS, the City granted an easement across this property to the South Suburban Park and Recreation District for a bike path as a part of the South Suburban Bike Path System by Ordinance 24, series of 2011; and WHEREAS, at no cost to the City the South Suburban Park and Recreation District constructed a bike path across this property; and WHEREAS, the bike path, as built, was a different configuration from that of the easement previously granted; and WHEREAS, the parties wish to amend the legal description of the easement to match the actual path. 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 approves this amendment to the Intergovernmental Agreement for an easement on the "Orphan Property'' as described in Attachment I, attached hereto, for a segment of the bike path. Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest said Intergovernmental Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 6th day of April, 2015. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th day of April, 2015. 1 9 b iii Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of April, 2015, Read by title and passed on final reading on the 20th day of April, 2015. Published by title in the City's official newspaper as Ordinance No.~ , Series of 2015, on the 23rd day of April, 2015. Published by title on the City's official website beginning on the 22nd day of April, 2015 for thirty (30) days. I, Loucrishia A. Ellis, 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/.::i,., Series of 2015. ~C6 LoucrisbiaA.Ell 2 • • AMENDMENT TO 'D:IE INTERGOVERNMENTAL AGREEMENT ENTITLED "AGREEMENT REGARDING GRANT OF RECREATIONAL TRAIL EASEMENT' Amendment to an Intergovernmental Agreement entitled "Agreement regardina Orant of Recreational Trail Easement between the CITY OF ENOLEWOOD, Grantor and SOUfH SUBURBAN PARK AND RECREATION DISTRICT, Grantee and dated May 6,201 l. WHEREAS, this Agreement, authorized by Ordinance No. 24, Series of 2011, granted an easement for a segment of a bike pathway across a parcel of City owned property known as the "Orphan Property" located at 4747 South Wyandot Street; and WHEREAS, that Agreement was recorded at reception No. Dl096537 dated October 6, 2011; and WHEREAS, that Agreement provided a legal description for the easement consisting of a twelve foot (12') wide easement of 1,175 square feet; and WHEREAS, the Pathway, as constructed, lies outside of the legal description for the Easement; and WHEREAS, the parties wish to amend the Easement to ac:ctntcly reflect the actual location of the Pathway as constructed. THEREFORE, The parties wish to emend the" Agreement Regarding Orant of Recreational Trial Easement" dated May 6, 2011, to change the legal description of the easement to clarify the correct location of the Bike Path and Easement as shown on the attached Exhibit A. All other terms of the Easement shall remain the same. CITY OF ENGLEWOOD, COLORADO a municipal corporation Randy P. Penn_ Mayor SIGNED this ___ day of ______ ___, 2015. ATTEST: Loucrishia A. Ellis, City Clerk n K. Ostermwer, Cha~ SIGNED this f clay of/I,.._,_~"-'-';;;;__-'-------'' 201s. A T T A C H t-1 E N T 1 EXHIBIT 11A" LEGAL DESCRIPTION A TRAIL EASEMENT OVER ANO ACROSS THAT PARCEL OF LANO DESCRIBED IN THE DOCUMENT RECORDED UNDER RECEPTION NUMBER 01050263 IN THE RECORDS OF THE ARAPAHOE COUN1Y CLERK ANO RECORDER; SITUATED IN THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 611 PRINCIPAL MERIDIAN: COUN1Y OF ARAPAHOE, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 9, MONUMENTED AS SHOWN HEREON AND HAVING AN ASSUMED BEARING OF NORTH 00'03'44" EAST. BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL OF LANO DESCRIBED IN THE DOCUMENT RECORDED UNDER RECEPTION NUMBER D1050263, WHENCE THE WEST QUARTER CORNER OF SAID SECTION 9 BEARS NORTH 82'07'39 " WEST, A DISTANCE OF 607.26 FEET; THENCE NORTH 12"56'34,. EAST, ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 60.51 FEET; THENCE NORTH TT'39'44" EAST, A DISTANCE OF 6.81 FEET TO THE BEGINNING OF A NON~TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 50.04 FEET. THE RADIUS POINT OF SAID CURVE BEARS NORTH 71•24•44• WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34•55'09", AN ARC LENGTH OF 30.51 FEET TO A POINT ON SAID WEST LINE; THENCE NORTH 12"56'34" EAST, ALONG SAID WEST LINE, A DISTANCE OF 25,08 FEET TO THE BEGINNING OF A NON•TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 66.04 FEET, THE RADIUS POINT OF SAIC CURVE BEARS SOUTH 54"18'28.WEST; THENCE THE FOLLOWING FOUR (◄) COURSES; 1. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45•29•14", AN ARC LENGTH OF 52.43 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY HAVING A RADIUS OF 35,00 FEET: 2. SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53•25•45•, AN ARC LENGTH OF 38.75 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 72.12 FEET; 3. SOUTHEASTERL V ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°07'51 ", AN ARC LENGTH OF 24.08 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 229,55 FEET; 4, SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11•59'27", AN ARC LENGTH OF 48.04 FEET TO A POINT ON THE SOUTH LINE OF SAIC PARCEL: THENCE NORTH 77•22•53• WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 28.75 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 245.55 FEET, THE RADIUS POINT OF SAID CURVE BEARS NORTH 49"16'19" EAST; THENCE THE FOLLOWING FOUR (4) COURSES; V:\76614-07 -Big Dry Creek Trail Easement\Legals\76614-07 Trail Easement.docx Page1of3 • . NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF oa•13•2e·. AN ARC LENGTH OF 26.68 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 56 .12 FEET: 2. THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 15~5'13", AN ARC LENGTH OF 15.11 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 20.00 FEET; 3, THENCE WESTERLY ALONG SAJD CURVE THROUGH A CENTRAL ANGLE OF 100•13•01•. AN ARC LENGTH OF 34.98 FEET; 4. SOUTH 29"51'32" WEST, A DISTANCE OF 14.18 FEET TO A POINT ON SAID SOUTH LINE; THENCE NORTH 77"03'26• WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 7.88 FEET TO THE POINT OF BEGINNING, CONTAINING AN AREA OF 0.075 ACRES, (3,283 SQUARE FEET}. MORE OR LESS. EXHIBIT ATTACHED AND MADE A PART HERE •.J\ hlttt .•· JAMES E. LYNCH, PLS NO. 37933 FORAND ON BEHALF OF AZTEC CONSULTANTS, ,w.4 .,,._,_....,. 300 E. MINERAL AVE., SUITE 1, LITTLETON, C080122 303-713-1898 V:\76614·07 • Big Dry Creek Trail Easement\legals\76614-07 Trail Easement.dooc Page2of3 ILLUSTRATION TO EXHIBIT A t-W 1/4 COR., SEC. 9 T5S, R68W, 61H P.M. FN0. 3-1/4• BRASS CAP IN RANGE BOX STAMPED \ •LS 16398• I I \ \ \ \ \ f SW COR., SEC. 9 TSS, R6BW, 6TH P.M. n·o3•2s·w .8B' !f1i16 , CURVE TABLE CURVE DELTA RADIUS Cl 34'56'09• 50.04' C2 45'29'14• 66.04' CJ 63'25'46. 35.00' C4 19'07'51· 72.12' cs 11'59'27• 229.55' C6 61l'2e• 245.55' C7 15'25'13• 56.12' ca 100"13'01· 20.00' PARCa CONTAINS 3,283 (SQ.Fi.) 0.075 ACRES MORE OR LESS LENGTH 30.51' 52.43' 38.75' 24.08' 48.04' 26.68' 15.11' 34.98' CITY OF ENGLEWOOD REC.I 01050263 N77'22'53"W 28.75' 0 60 r FNO. STONE W/ BRASS DISK IN RANGE BOX -ILLEGIBLE COLORADO WATER CONSERVATION BOARD BOOK 4306, PAGE 764 ! ' 1 inch = 30 !L NOTE: ntlS ORAYIING DOES NOT REPRESENT A FID.I> l.tOOUMENlEO SURVEY ANO IS ONLY INlENDED lO DEPICT 1H£ ATTAOO l£GAL OESaUPTION. Pi.'lltt\!!!':!•!l!JN W__... DIIICI Hill&: l'IIIHJ W i:.--,talU OMI .n 011,_.,a.1 __ OATt \Q/27/14 SCll.t: 1•.3p' EASEMENT EXHIBIT SW 1/4. SEC. 9, T5S, 568W. 6TH P.M. COUNlY OF ARAPAHOE. COLORADO JOI 7&614-07 3 r, 3 • • AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT ENTITLED "AGREEMENT REGARDING GRANT OF RECREATIONAL TRAIL EASEMEN['' Amendment to an Intergovernmental Agreement entitled "Agreement regardina Grant of Recreational Trail Easement between the CITY OF ENGLEWOOD, Grantor and SOUTH SUBURBAN PARK AND RECREATION DISTRICT, Grantee and dated May 6, 2011. WHEREAS, this Agreement, authorized by Ordinance No. 24, Series of 2011, granted an easement for a segment of a bike pathway across a parcel of City owned property known as the "Orphan Property" located at 4747 South Wyandot Street; and WHEREAS, that Agreement was recorded at reception No. D1096537 dated October 6, 2011; and WHEREAS, that Agreement provided a legal description for the easement consisting of a twelve foot (12') wide casement of 1,175 square feet; and WHEREAS, the Pathway, as constructed, lies outside of the legal description for the Easement; and WHEREAS, the parties wish to amend the Easement to accurately reflect the actual location of the Pathway as constructed. THEREFORE, The parties wish to emend the "Agreement Regarding Grant of Recreational Trial Easement" dated May 6, 2011, to change the legal description of the easement to clarify the correct location of the Bike Path and Easement as shown on the attached Exhibit A. All other terms of the Easement shall remain the same. CITY OF ENGLEWOOD, COLORADO a municipal corporation Randy P. Penn, Mayor SIGNEDthis ___ dayof ________ ,,201S. ATTEST: Loucrishia A. Ellis, City Clerk n K. OstermµAer, ChaiJ;man 1 _ SIGNED th.is t day of_l/ __ ~ _________ __,, 2015. A T T A C H :-1 E N T 1 • EXHIBIT "A" LEGAL DESCRIPTION A TRAIL EASEMENT OVER ANO ACROSS THAT PARCEL OF LAND DESCRIBED IN THE DOCUMENT RECORDED UNDER RECEPTION NUMBER O1050263 IN THE RECORDS OF THE ARAPAHOE COUNlY CLERK AND RECORDER: SITUATED IN THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 61" PRINCIPAL MERIDIAN; COUNlY OF ARAPAHOE. STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS'. BASIS OF BEARINGS: THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 9, MONUMENTED AS SHOWN HEREON AND HAVING AN ASSUMED BEARING OF NORTH 00•03•44• EAST. BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL OF LANO DESCRIBED IN THE DOCUMENT RECORDED UNDER RECEPTION NUMBER D1050263, WHENCE THE WEST QUARTER CORNER OF SAID SECTION 9 BEARS NORTH s2•07•39• WEST, A DISTANCE OF 607.26 FEET; THENCE NORTH 12"56'34" EAST, ALONG THE WEST LINE OF SAID PARCEL, A DISTANCE OF 60.51 FEET: THENCE NORTH TT"39'44" EAST, A DISTANCE OF 8.81 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 50.04 FEET. THE RADIUS POINT OF SAID CURVE BEARS NORTH 71"24'44.WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 34•55'09", AN ARC LENGTH OF 30.51 FEET TO A POINT ON SAID WEST LINE; THENCE NORTH 12"56'34" EAST, ALONG SAID WEST LINE, A DISTANCE OF 25 OB FEET TO THE BEGINNING OF A NON¥TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 66.04 FEET, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 54•1s·2s· WEST; THENCE THE FOLLOWING FOUR (4) COURSES; 1. SOUTHERLY Al.ONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45"29'14", AN ARC LENGTH OF 52.43 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY HAVING A RADIUS OF 35 .00 FEET; 2. SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63"25'48". AN ARC LENGTH OF 38 75 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF n .12 FEET; 3. SOUTHEASTERL V ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19°07'51", AN ARC LENGTH OF 24 .08 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 229.55 FEET; 4. SOUTHEASTERLY Al.ONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 °59'27", AN ARC LENGTH OF 4B 04 FEET TO A POINT ON THE SOUTH LINE OF SAID PARCEL; THENCE NORTH 77°22'53" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 28.75 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 245.55 FEET, THE RADIUS POINT OF SAID CURVE BEARS NORTH 49"16'19" EAST; THENCE THE FOLLOWING FOUR (4) COURSES; V:\76614-07 -Big O,y Creek Trail Easement\Legals\76614-07 Trail Easement.docx Page 1of3 . NORTHWESTERLY ALONG SAi D CURVE THROUGH A CENTRAL ANGLE OF 0&•13'28". AN ARC LENGTH OF 26,68 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 56 .12 FEET; 2, THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1s•2s•13•, AN ARC LENGTH OF 15 .11 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 20 .00 FEET; 3. THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 100°13'01 ~, AN ARC LENGTH OF 34 98 FEET; 4. SOUTH 29'51'32" WEST, A DISTANCE OF 14 .18 FEET TO A POINT ON SAID SOUTH LINE; THENCE NORTH n"03'26'' WEST, ALONG SAID SOUTH LINE. A DISTANCE OF 7 8B FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 0.075 ACRES , (3 ,283 SQUARE FEET), MORE OR LESS. EXHIBIT ATTACHED AND MADE A PART HEREOF. JAMES E. LYNCH, PLS NO. 37933 FOR AND ON BEHALF OF AZTEC CONSULTANTS, . 300 E. MINERAL AVE., SUITE 1, LITTLETON, CO 80122 303•713-1898 V:\76614•07 -Big Dry Creek Trail Easement\Legals\76614•07 Trail Easement.docc Page2of3 ILLUSTRATION TO EXHIBIT A t-W 1/4 COR., SEC. 9 T5S, R68W, 61H P.M. FND. 3-1/4" BRASS CAP IN RANGE BOX STAMPED \ "LS 16398" I \ \ \ \ \ SW COR., SEC. 9 TSS, R6BW, 6TH P.M. 77'03'26"W .BB' N49'16' CUR\€ TABLE CURVE DELTA RA.CIUS Ct 34•55•09• 50.04' C2 45'29'14" 66.04' CJ 63'25'46" 35.00' C4 19"07'51" 72.12' cs 11'59'27" 229.55' C6 613'28" 245.55' C7 15'25'13" 56.12' ca 10013'01" 20.00' PARCEL CONTAINS 3,283 (SQ.FT.) 0.075 ACRES MORE OR LESS LENGlH 30.51' 52.43' 38.75' 24.08' 48.04' 26.68' 15.11' 34 .98' CITY OF ENGLEWOOD REC. f D1050263 N77'22'53"W 28.75' 0 JO 60 f FNO. STONE W/ BRASS DISK IN RANGE BOX -ILLEGIBLE COLORADO WATER CONSERVATION BOARD BOOK 4306, PAGE 764 I ! 1 inch = 30 (L N0lr: ntlS DRAl'IING DOES NOT REPRESENT A F1FlD t.lOOUUENlED SURV£Y AND IS ONLY INlEHDED TO DEPICT lHE ATTAOiED LEGAL DESCRIPTIOH. PAlltl\at:!•llhhA ... .....,., DIC NAIi£; '11114-IJ t..r (aa-,UJIO DIC ,EJ. OK-1,r..._w __ OATt. JQ/27b4 ~Lt: 1"•30' EASEMENT EXHIBIT SW 1/4, SEC. 9, T5S, 56BW, 6TH P.M . COUNTY OF ARAPAHOE, COLORADO .QI 7111114-07 3 a, 3 COUNCIL COMMUNICATION Date: Agenda Item: Subject: April 6, 2015 11 a ii Easement Agreement for #5 Big Dry Creek Trailhead Initiated By: Staff Source: Department of Parks and Recreation Dave Lee, Open Space Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Vision: To promote and ensure a high quality of life, economic vitality, and a uniquely desirable community identity through the delivery of reliable, affordable, and flexible services and by proactively collaborating with our citizens and businesses to develop an environment to fosters safety and opportunity. City Council was given a tour of the River Run and Orphan Property locations on Monday, June 23, 2014. Staff attended the Study Session on November 17, 2014 to discuss the easement on the east side bike path at Union Avenue -Parcel B, the easement on the east side bike path north side of Oxford Avenue -Parcel A and the #5 Big Dry Creek Trailhead Easement. RECOMMENDED ACTION Staff recommends that City Council adopt a bill for an ordinance approving an Intergovernmental Agreement with South Suburban Parks and Recreation District for an Easement Agreement on #5 Big Dry Creek Trailhead. BACKGROUND, ANALYSIS AND ALTERNATIVES IDENTIFIED This easement is located at 4747 S. Wyandot Street next to the Orphan Property Trailhead. South Suburban Parks and Recreation District reconstructed this section of the trail in order to accommodate the construction of the new east side trail. There was an existing easement in place with the Fire Training Academy and South Suburban Parks and Recreation District which was granted when the Big Dry Creek Trail was built through Belleview Park and extended west to the Platte River. Since then, the City of Englewood has taken ownership of the Fire Training Academy property, located north of the Big Dry Creek, now called the Orphan Property, resulting in the need for a new easement agreement. The easement will cover the new trail alignment at the circular connection point which connects the Orphan Property Trailhead with the new east side trail. The City of Englewood's Community Development Department has agreed that the trail complements the current City Bicycle Plan and would be of a benefit to our residents. The Parks and Recreation Commission at their September 11, 2014 meeting made a recommendation to City Council to approve the trail connection. FINANCIAL IMPACT South Suburban Parks and Recreation District will maintain the trail. There is no financial impact to the City of Englewood. LIST Of ATTACHMENTS Trail Alignment Drawing Memo from Parks and Recreation Commission -Recommendation to City Council Bill for an Ordinance .. .. .. Memorandum TO: Eric Keck, City Manager nlROUGH: Jerrell Black, Director of Parks and Recreation FROM: Debby Severa, Recording Seaetary v" Parks and Recreation Commission DATE: September 17, 2014 RE: Recommendation Bike Path Easements and Intergovernmental Agreements At the September 1 t, 2014, Parks and Recreation Commission meeting, Brett Collins with South Suburban Park and Reaeation Disbict, Bob Seams with The Greenway Team and Bill Neuman with OHM Design were present to discuss with the Board the five bike path easements and Intergovernmental Agreements in the City of Englewood. The five Easements/IGA's Include #1) East Side Bike Path at Union Avenue -Parcel 8, 12) East Side Bike Path North Side of Oxford Avenue-Parcel A, 13) Big Dry Creek Trail Connection at Belleview Park, 14) Big Ory Creek Crossing of City Ditch and 15) Big Dry Creek Trailhead Easement. Following discussion, A motion was made by Commission Member Woodward and seconded by Commission Member Miller recommending to City Coundl to approve the five bike path easements and agreements. Ayes: Ganett, Husbands, Howard, Miller, Woodward, Glover, Mansbacher Nayes: None Motion Passed. ds/JB H:\2014 PRC\Recommendation Bike Path Easements.docx cc: Mike Flaherty Dan Brotzman Stu Fonda Ric:kI<atun Dave Lee Parks and Recreation Commission