HomeMy WebLinkAbout2015 Ordinance No. 023• r
ORDINANCE No&
SERIES OF 2015
BY AUTHORITY
COUNCIL BILL NO. 21
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AUTHORIZING ACCEPTANCE AND DEDICATION OF TWO
TRANSPORTATION AND UTILITY EASEMENTS TO THE CITY OF ENGLEWOOD,
COLORADO FOR SIDEWALK, SIGNAGE, AND TRAFFIC SIGNAL EQUIPMENT IN THE
4900 AND 5000 BLOCKS OF SOUTH BROADWAY, ENGLEWOOD, COLORADO.
WHEREAS, the Sprouts development on South Broadway North of Belleview, required the filing
of a subdivision plat prior to construction; and
WHEREAS, the subdivision plat filed in 2013 called for the future dedication of easements on
South Broadway for public improvements; and
WHEREAS, the purpose of waiting for the formal dedication until after construction is to assure
that the dedicated Transportation Easements are based on "as-built" improvements; and
WHEREAS, the developer retained the services of a professional land surveyor who prepared
legal descriptions based on actual field locations of the improvements; and
WHEREAS, the original developer of the project, Cadence Capital Investments, has transferred
ownership of the property to the following two parties:
• Sitbul, LLC purchased 4979 South Broadway (Advance Auto Site)
• Den Retail 1, LLC purchased 4989 and 5001 South Broadway (Sprouts and other
retail/restaurants; and
WHEREAS, the passage of this Ordinance will accept the Transportation Easement and Utility
Easement for 4979 South Broadway from Sitbul, LLC. to the City; and
WHEREAS, the passage of this Ordinance will accept the Transportation Easement and Utility
Easement for 4989 and 5001 South Broadway from Den Retail 1 LLC. to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Transportation Easement and Utility Easement for 4979 South Broadway
between Sitbul, LLC. to the City of Englewood, Colorado attached hereto as "Attachment l ," is
hereby accepted and approved by the Englewood City Council.
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Section 2. . The Transportation Easement and Utility Easement for 4989 and 5001 South
Broadway between Den Retail 1 LLC._to the City of Englewood, Colorado attached hereto as
"Attachment 2," is hereby accepted and approved by the Englewood City Council.
Introduced, read in full, and passed on first reading on the 18th day of May, 2015.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of
May, 2015.
Published as a Bill for an Ordinance on the City's official website beginning on the 20th day of
May, 2015 for thirty (30) days.
Read by title and passed on final reading on the 1st day of June, 2015.
Published by title in the City's official newspaper as Ordinance No~3. Series of 2015, on
the 4th day of June, 2015.
Published by title on the City's official website beginning on the 3rd day of
June, 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 ~ ~e copy of the Ordinance passed on final reading and published by
title as Ordinance No.~Series of 2015.
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Parcel fl 4972 s. Broadway
GRANT OF TRANSPORTATION AND urn,rry EASEMENT
KNOW ALL MEN BY TIIESE PRESENTS, that SITBUL, LLC, a Colorado limited liability
company, whose address is P.O. Box 3434 £nalcwood. CO 801.SS~34349 Owner of tho property
described, for and in consideration of Ten Dollars (S 10.00) and other pd and valuable
consid~tion, the receipt and sufficiency of which is hereby acknC?wlcd&ed do hereby srant and
convey to the CITY OF ENGLEWOOD, a municipal corporation duly orpnjzed and existing by
vimie ·orthe Consti~ti~ of the State of Colorado, a permanent right of entry and permanent
access, ~lion~ utility w~ oa ~e property descnbed in Exhibit A. which is
attached hereto and incorporat~ herein by this rererencc (hereinafter the "Easement Premises''
upon which to cons~ reconstnlct, operate, remove:, repair and .maintJ.in access for a
transportation and utility facilities and related appurtenancca across, on. under and through the
Easement premises, describ~ in Exlu1>it A aod situate in the City of Englewood, County of
Arapahoe, State of Colorado, also known u 4979 South Broadway, Eoilewood, Colmado.
' ' IN WITNESS WHEREOF, lhe parties hereto have executed this Gmnt of Easonent the day
and year· firs~ above writt~ · ·
STA'!E oFQ/,l'Jo )
A & -A L )ss.
COUNTY OF rvrrw .0-)
SrrBUL,LLC
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c, oregoing instrument was acknowled1cd before me~ of
--=-~~--...J' 20 /$'. by Michael C. Bullock as ~ ff
of S UL, LLC. . .
My Commission expires: ___ _
SIGNED lhisbyod~(alill::l"----...J" 20d: JANICE D. MORROW
NOTARY PUBLIC
STATE OF COLORADO
UY NOTARY ID 19944019315
COMMISSION EXPIRES FEBRUARY 13, 2011
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979 S. Broadway
Transportation Easement
EXHmIT A
A portion of Lot 31 Broadbell Subdivision as platted In the records of Arapahoe County.
Colorado at Recep~on Number D3119053, located in the SW 1/4, Section 10, Township S South.
Range 68 West of the Sixth Principal Meridian in the City of Englewood. more particularly
describ~d as follows: '
Commencing at the southeast comer of said Lot 3;
Thence Noa10•29".I! along the west right-of-way Jiae of S. Broadway, 2.89 feet to the Point of
Beginning;
Thence through said lot alons tho following seven courses:
1) NB9°49'J1 11W. 2.ooreet;
2) N0°101 29".B, 8.44 feet;
3) N89°49'3l"W. I.SO feet;
4) N0°10'29"E, 6.00 feet;
S) S89°49'3 l ''B, I .SO feet:
6) N0°10'29''B, 14.63 feet;
7) S89°49'3 l "B, 2.00 feet to said west line;
Thence S0°10'29"W along said west line, 29.07 feet to the Point ofBeginning.
Said parcel, u descnoed, contains an area of 67 square feet, more or less.
Basil orBe,rina,
The east line, SW 1/4, Section 10 bears S00°I0'29"W per the Arapahoe County Horizontal
Control Network.' It is monumented at the centerof'Section 10 by a 3·1/4" aluminum cap in
monument box. 0.4' below roadway surface. PLS 27278 and at the south Y, corner, section 10 by
a steel axle, 29" long with concave top in monument box, 13'' below asphalt surface, PLS 22571.
CertJl]gtJoo
Brian Krombein, PE, PLS
For and on behalf of
Vermilion Peak Engineerin1, LLC
174S Shea Center Drive. 4 Floor
HighlandsRanchs CO 80129
Pago 1 of2
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LOT 2. BROADBELL SUBDIVISION I
( 4989 S. BROAOWA Y) I
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NB9" 49' Jt"wl
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NOO-10' 29"E
8.44'
N89° 49" J1"W
LOT J, BROADBEU SUBDIVISION
( 4979 S. BROADWAY)
2.00' )} " ,--y G -. b
POINT OF COMMENCEM~ _/l . c <
R.O.W.
SE CORNER, LOT 3
sag• 49• J1"E
2.00'
1· 10· 2g•w
29.07'
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-kv----CENTER SE '----___ 3-1/4" ' CllDN 10
SOUTH 1/4 CORN --_EAST IN M /4UJJfflUM CAP\
~"E,.:,\"-'• 29" ~::~~ 10 BASIS OFU~~•~smKIN 10 ~• :~ro!ow"'!"' 13" e£J.CJW "': IN MONUMENT BO SOO-111 29"w ----RF'ACE. PLS 2727~
PlS 22571 SPHALT !IJRFACE. X, ------"v-4
S.BROADWAY
• -z
0 10 20
SCALE: 1'" = 20'
TRANSPORTATION EASEMENT
4979 S. BROADWAY
JOB NO. 13104
DATE: AUGUST 15. 2014
SHEET 2 CF 2
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Ve,.rt1llion
'Peak
&9ltieel'h19
cw~,&L..,,J s.~
'174!1S..•C.-.o.t..,, .... ...._
..,.,,._,. Rao.ci,. ca -~ .. 0,01~ • 1 ,,..,..
arcel #J 4989 & soot s, Broadway
GRANT QF EASEMENT
KNOW ALL MEN BY THESB PRESENTS, thatDBNRETAlL 1 I.LC, a Delawani limited
liability company, whole addresa ii do Zurich Altemativa .Asset Maaac:mcat, LLC, One Ll'berty
Plaza, 165 Broadway, 21•P1oor1 New York, N.Y. 100061 ownaroftheproperty described. for
and in comfdcntion of Ten Dollars ($10.00) and other aood aud valuable consideration, tho
receipt and sufficiancy of which ls hereby acknowledaecl do hereby grant and c;onvey to the CI1'Y
OP ENOLBWOOD1 a municipal coq,omtlon duly orpniml &ad exflting by virtue of tho
Constitution of the State of Colorado, a permanent risht of entry Bild euemmt on the property
descn"bed in Exlu'bit A, which is attached hereto and ~ted han,m by tllil reference
(hereinafter the "Easement Premia~") upon wbi~ to replace, recoDJbuct, operate, remove, repair
and maintain access for thole mcistin1 transportation and utility facllities refc:renced below and
reJated appurtenancc1 across, on. under and through tho Easement premises, described in Exbl'bit
A and situate in tho City of Englewood, Count.y of Arapahoe, State of Colorado, also known u
4989 and SOOl South Broadway, Enslewood, Colorado.
Tho easement over Parcel C aba1l ba for the exlstina traffic signal controller cabinet located
therein, and tho easemeut over Parcclt A and B shall be for tu mdsdq 1idewalk and pecleatrian
access ways located tbm:in. ·
JN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement the day
and year first above written.
STATB OP fl-(c,v '(vt1/_
COUNTYOF ~·(11
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The foreaoina instrummt wu acknowledged before me this i-day of
ofnrfJrAB,11::/s;bys--~-~-O:,..,.r,""'d.'-n ..... -=-/---
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My Commission expires: 12 Ut4 /20 t 7 ( 1 ., ,,,,.,,.
SIGNED this~ day of Q 4 (I , 20.L[.
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EXHIBIT A
4989 & soot s, Broadway
A portion of Lou 1 and 2. Broadbcll Sub~ivision as platted in the records of Arapahoe County,
Colorado at Reception Number DJ 119053, located in the SW 1/4, Section l O, Township 5 South,
Range 68 West o£the Sixth Principal Meridian in the City ofEnglewood, m,ore particularly
described as follows:
Parr&JA
Commencing at the southeast comer of said Lot li
Thence N0°02' 59"W along the west right-of-way line of S. Broadway, 12S. 73 to the Point of
Beginning of Parcel A;
Then~e through said Lot 1 along the following three courses:
1) N43°57'2S"W, 8.83 feet;
2) N3°SJ'37'~. 91.s1 feet;
3) S86°06'23 .. E, 6.54 feet to said west right-of:.way line;
Thence S3 °53 '37''W along said west line, 97.50 feet to the Point of Beginning of Parcel A
Said parce~ as described, contains an area of619 square feet. more or less.
Together with:
ParcelB
Beginning at the northeast comer of said Lot l;
Thence S0°10'2.9"W along said west right-ot-way line, 39.SO feet;
Thence through !Jid Lots 1 and 2 along the following four courses:
1) N26°2S'2l"W, 11.19 feet;
2) N3°34'39"E, 35.82 feet;
3) N0°10'29"E, 37.44 feet;
4) S89°49'3 l "E, 2.88 feet to said west right-of-way line;
Thence S0°10'29"W along said west line, 43.71 feet to the Point ofBeginning of Parcel B.
Said parce~ as described, contains an area of 274 square feet, more or less.
Together with:
ParcelC
Commencing at the northeast comer of said Lot 2;
Thence S0°10'29"W along said west right-of-way lino of S. Broadway, 50.84 feet to the Point of
Beginning of Parcel C;
Thence continuing S0°10'29"W along said west line, 10.83 feet;
Thence through said Lot 2 along the following three courses:
1) N90°00'00"W, 7.84 feet;
2) N0°00'00"E, 10.83 feet;
Page 1 of3
) N90°00'00"E, 7.88 feet to the Point of Beginning of Parcel C;
Said parcel, as described, contains an area of 85 square feet, more or less.
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Said thteo parcels together contain an area of 978 square feet, more or less.
Buis oCBearina
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The east lino, SW 1/4, Section 10 bears S00°10'29nW per the Arapahoe County Horizontal
Control :N~ It is monumented at the center of Section 10 by_ a 3-1/4" aluminllDl cap in
monument box. 0.4' below roadway~ PLS 27278 and ~ the south¼ comer, sedion 10 by
a steel axle, 29"' long with concave top in monument box, 13" below asphalt surface, PLS i2s11.
Certiracatioo
lirian Krombeia, PE, PLS
For and on behalf pf
Vermilion Peak Engineerinl, LLC
1745 Shea Center Drive, 4 Floor
Ingblands Ranch, CO 80129
Pagc2of3
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I SE CORNER, LOT 1
POINT OF COMt.tENCEMENT
PARCEL A
LOT 1, BROADBELL SUBDl\1Sl0N
(5001 S. BROADWAY)
NOJ" 34' 39•E
35.82'
LDT 2. BROADBEU. SUBDIVISION
( 4989 S. BROADWAY)
NOO" 10' 29•E NOO" oo· oo·E
• 44• 10 a3' I -S86· os' 2J·E 1 37• sag• 49• .:s1·E •
NOO" 02' 59•w 125. 73'
6.54' 1 2.88• N9D" oo· oo·t 91 -5 7' NOJ' 53' J1·E N2a• 25• 21·w I N9o· oo· oo"w 7.88' I
1119, 7 B4' I S03' ' ' ---· ·----11.....,1---• I SJ :n·w s1.so•
POINT OF BEGINNING·
PARCEL A
~LINE.SW 1/4-SECnoN 10 BASS r, BEARINGS -socr,rr,.....=..2irw ...... -
soo· 1 o· 2e·w·
39.50'
NE CORNER, LOT 1·
POINT OF BEGINNING
PARCEL B
S.BROADWAY
soo· 1 o· 2e·w
43. 71' POINT OF BEGINNING·
·PARca B
PARCEL C
NE CORNER, LOT 2·
POINT OF COMMECEMENT
PARCEL C
IN MONUMENT BOX,
0.4' BELOW ROADWAY
/
SOUlH 1/4 CORNER, SECTION 10
STEEL AXLE, 29• LONG WITH
CONCAVE TOP IN MONUMENT BOX,
13" BELOW ASPHALT SURF ACE,
PLS 22571
+1\,------
CENTER, SECTION 10\
3-1/4" AWMINUM CAP
_EAST LINE. SW 114,_SECTION 10 SURFACE, PLS 27278~ ~
BASIS OF BEARINGS soo· 101 29-W ----v--r
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0 25 50
SCALE: 1" = 50'
EASEMENT
4989 &: 5001 S. BROADWAY
JOB NO. 13104
DATE: MARCH 27, 2015
SHEET 3 OF 3
6n9inee.,.in9
CMI E.,,g1nat..i"S & 1.and s..~1"9
17455-C.-• D....., 4th 1'1-,
+119""-ls ~ CO 6ll1ff
7~-6070 I www,--illoo,f"'.,lc --
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
9 a i Easement Dedications Sprouts
May 18, 2015 Development
Initiated By: Staff Source:
Public Works Deoartment Dave Henderson. Deoutv Public Works Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Staff discussed the proposed easement dedications with Council at the February 2, 2015 Study Session.
RECOMMENDED ACTION
Staff recommends that City Council approve a bill for an ordinance accepting the dedication of easements
for sidewalk, signage, and traffic signal equipment in the 4900 and 5000 blocks of S. Broadway.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Sprouts development, on S. Broadway north of Belleview, required the filing of a subdivision plat prior
to construction. The subdivision plat filed in 2011 called for the future dedication of easements on S.
Broadway for public improvements (see attached aerial photo exhibit for general location of easements).
The purpose of waiting for the formal dedication until after construction is to assure that the dedicated
Transportation Easements are based on "as-built" improvements. Per our agreement, the developer
retained the services of a professional land surveyor who has prepared legal descriptions based on actual
field locations of the improvements (see the attached exhibit for the general location of the proposed
dedications).
The original developer of the project, Cadence Capital Investments, has transferred ownership of the
property to the following two parties:
• Sitbul, LLC purchased 4979 5. Broadway (Advanced Auto Site)
• Den Retail 1, LLC purchased 4989 and 5001 S. Broadway {Sprouts and other retail/restaurants)
Authorized officers of the record owners have executed the attached easement documents.
FINANCIAL IMPACT
No financial impact is associated with this action.
LIST OF ATTACHMENTS
Aerial photos showing general location of dedications
Proposed Bill for an Ordinance
4979
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5001
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,A.IHUD lOU-01 -21 J l 1l 2)
0...~"'1': IOI.