HomeMy WebLinkAbout2009 Ordinance No. 001•
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CONTRACT NO, I ( -.:{_ Ddf
BY AU TH ORITY
ORD INANCE NO .
SER IE S OF 2009
I COUNC IL BILL NO . 3
INTR ODUCED BY COUNC IL
MEMBER MOORE
AN ORDINANCE APPROVING SUPPLEMENT NO. 165 TO THE SOUTHGATE
SANITATION DISTRJ CT CONNECTO R'S AGREEMENT FOR THE INCLUSION OF LAND
WITHIN THE DISTRJ CT BOUNDARJES .
WHEREAS , Southgate Sanitation District recommends the inclusion of approximately 15.618
acres into the District ; and
WHEREAS, said inclusion is loca ted between South Steele Street and South Colorado
Boulevard , South of Belleview in G,eenwood Village ; and
WHEREAS , the zoning of thi s property in Greenwood Village is Residenti al 2.5 (R 2.5) which
is to be subdivided into 5 resi dential lots ; and
WHEREAS, sai d annexation of this parcel of '
Southgate Sanitation District ; and
,I not increase the tap allocation to the
WHEREAS, the Englewood Water and Sewer Board recommended approval of thi s Agreement
at its November 11 , 2008 meeting;
NOW , THEREFORE , BE IT ORDAINED BY TH E CITY COUNC IL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS:
Section I . The Agreement between the City of Englewood and Sout~gate Sanitation District
entitl ed "Supplement No . 165 , to Co nnector 's Agreement", which includes 15.61 8 acres located
between South Steele Street and South Colorado Boulevard , South of Belleview in Greenwood
Village, is hereby accepted and approved by the Englewood City Council. A copy of said
Ab't'eement is attached hereto as 14Exhibit I" and incorporated herein by reference .
Section 2. The Mayor and Ci ty Cl erk are hereby authorized to sign and attest, respectively, the
sa id Agreement for and on behalf of the City Council and the City of Englewood, Co lorado.
Introduced , read in full , nnd pa ssed on first reading on the 20th day of January, 2009 .
Publi shed as a Bill for an Ordinance in the Ci ty's official new spaper on the 23rd da y of Janu nr;,
2009 .
9 bi
Publi shed as a Bill fo r an Ordinance on the City's offic ia l websit e begi nning on the 2 1st day of
Jan uary, 2009 for thiny (30) days .
Read by ti tle and pa ss ed on fina l read ing on the 2nd day ofFeb nmry, 2009.
Publi shed by title in the Ci ty's offi cia l newspaper as Ordi nance No . L . Series of 2009, on
the 6th da y of February, 2009.
I, Loucri shia A. Elli s, Ci ty Clerk of th e City of Englewood, Colorad o, he reby certify that the
above and fo regoi ng is a true copy of the Ord inance passed on final read ing and published by
title as Ordinance No .-/--, Series of 2009 .
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SUPPLE MENT NO . .Li,,,_gi_ TO CONNECTOR'S AGREEM EJI"
TH IS AGREEMENT , mad e and entered int o by an d betw~n l! C ITYOF
ENGLEWOOD , acllng by and lhrough its duly authorized Mayor and City Cle1therein ~er
ca lled the "City," and SOUTHGATE SANITATION DISTRICT , Arapahoe ,d Doujas
Counties , Colorado , hereinafter called the "Di strict,"
WITNESSETH:
WHEREAS , on the 20th day of Ju ne , 1961, the City and the oifict e nteed
into an Agreeme nt In which U,e City agreed to treat sewag e originating fromle Distti:l's
sa nitary sew.:ir system within the area served by the Oistrict, which Agreemli was f"l)Sf
recently renewed by Connecto(s Agreement dated Move mber 16, 1988 ; arl
WHEREAS, said Co nn ecto(s Agreement provide /\ tha t th• dlllic! ma~not
enlarge Its service area without the written con se nt of tho City:
NOW, THEREFORE , in consideration of the mutual co.,ants md
und ertakings herein set forth, the parties agree as follows :
1. The Ctty hereb y consents to the Inclu si on of certain adltlonal ,~a
lc,,-..ated In Aropahoe County, Colorado , owned by 4000 Eut Belleview LLC all more lllly
described on Exhibit A atta ched hereto and Incorporated herein by relrenc e, hto
Southgate Sanllellon District. The City agrees that said addltlonal area may 1,tsetved with
the sewer facilities of the District, and that the City w!U ~eat the sewage dlsch,ved Into the
City's trunk line from said addltlonal area, all In accordance with the Connec:i>r's
Agr ·••ment dated November 16 , 1988. Accordingly , Exhibit A referred to inParagnait, 1
of th e Connecto(s Agreement dated November 16, 1988, Is hereby amend<! to lncilde
such additional area . ·
2. Each and every other provision of the said Connecto li Agreenent
dated November 16 , 1988, shall rem ain unchanged .
IN WITNESS WHEREO F, the partie s have set the i r hands atd sealslhis
__ day of __ , 200_.
ATTEST :
CITY CLERK
(SEAL)
:SE RETARY
(S EAL)
CITY OF ENGLEWOOD
By: '"'Mc:-A'"'"Yo°'R,,--------
SOUTHGATE SANITATION DIS"i ltlCT ,
ARAPAHOE AND DOUGLAS COUtillES,
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By:t -~
0
1.11~-EENT j
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EXHIBIJ "A'
PARCEL DESCR IPT ION
THAT PORTION OF TRACTS 214 ,217, 218 , 219 LYING SOUTH OF THE HIGHLINE CANAL RIG HT-
OF -WAY AND THAT PORTION OF TRAC T 220 LYING EAST OF THE HIGHLINE CANAL RIGHT-O F-WAY
AND THAT PORTI ON OF VACATED CHAMBERLIN AVENUE LYING SOU TH OF THE HIGHLINE CANAL
AND ADJACENT TO TRACT 219 AND TRACT 22 0, AND THE NORTH HALF OF VACATED WILLAMETTE
AVE NUE ADJACENT TO TRACTS 218 ,219,220, AND THE WEST HALF OF COLORADO BOULEVARD
AS VACATED BY DOCUMENT RECOR DED IN BOOK 1620, Pt GE 526 LYING SOUTH OF THE HIGHLINE
CANAL RIGHT-OF-WAY AND ADJACENT TO TRACT 218 , ALL TRACTS AND STREETS AS PLATTED IN
SOUTH DE NVER GARDENS, AS RECORDED IN BOOK 12 AT PAGE 25, RECORD S OF ARAPAHOE
COUNTY, COLORA DO , BEING A PORTION OF SECTION 13, TOWNSHIP 5 SOUTH , RANGE 68 WEST
OF THE 6TH PRINCIPAL MERIDIAN, ARAPAHOE COUNTY, COLORADO , BEING DESCRIBED AS
FOLLOWS :
BASIS OF BEARINGS :THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 13, TOWN::;HIP
5 5OUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN , ARAPAHOE COUNTY, COLORADO ,
BEING MONUMENTED AT THE NORTHEAST CORNER BY A 3" ALUMINUM SURVEYOF;S CAP
STAMPED "COLO DEPT OF HIGHWAY 1991 PLS 27278" BEING APPROPRIATELY MARKED AND AT
l'HE EAST QUARTER CORNER BY A 3" ALUMINUM SURVEYORS CAP STAMPED "CH ICHESTER P.LS
7735" BEING APPROPRIATELY MARKED , BE ING ASSUMED TO BEAR S00'15'42"W, A DISTANCE OF
2542.51 FEET .
COMMENCING AT THE NO'lTHEAST CORNER OF SECTION 13, TOWNSHIP 2 SOUTH , RANGE 68
WEST OF THE 6TH PRINCIF AL MERIDI AN, ARAPAHOE COUNTY, COL~RADO;
THENCE ON THE EAST LIN L OF THE NORTHEAST QUARTER OF SAID SECTION 13 , S00'15'42"W A
DISTANCE OF 1190.87 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF THE.
HIGHLINE CANAL , SAID POINT BEING THE POINT OF BEGINN ING;
THENCE CONTIN UING ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13 ,
S00"15 '42"W , A DISTANCE OF 135.03 FEET ;
THENCE N89'34'11"W , A DISTAN CE OF 1262.53 FEET TOA POINT ON THE EASTERLY RIGHT-OF-W AY
LINE OF SAID HIGH LINE CANAL , SAID POINT BEING A POINT OF NON-TANGENT CURVE ;
THENCE ON SAID EASTERLY RIGHT-OF-WAY LINE AND ON THE ARC OF A CURVE TO THE LEFT,
WH OSE CENTER BEARS S84 '44'51"W , HAVING A RADIUS OF 598 .00 FEET, A CENTRAL ANGLE OF
20 °13'58",AN ARC LENGTH OF 211 .17 FEET TO A POINT OF NON-TANGENT ;
THENCE N00 '32'28 "E, A DISTANCE OF 463 .81 FEET ;
THENCE S8 9'33'55"E, A DISTANCE OF 328 .16 FEET;
THENCE N00'45'15"E , A DISTANCE OF 45 .80 FEET TO A POINT ON THE SuUTHERL Y RIGHT-OF-WAY
LINE OF SAID HIGHLINl. CANAL;
THENCE ON SAID SOUTHERLY RIGHT-OF-WAY LINE THE FOLLOWING FIVE (5) COURSES :
1. S67 '14'31 "E, A DISTANCE OF 463 .67 FF.:ET TO A POINT OF CURVE ;
2. ON THE ARC OF A CURVE TO THE RIGHT , HAVING A RADIUS OF 916 .00 FEET, A CENTRA L AN GLE
OF 13'09'09", AN ARC LENGTH OF 210 .27 FEET TO A POINT OF TANGENT ;
3. S54 '05'22"E, A DI STANCE OF 233.22 FEET TO A POINT OF CURVE;
4. ON THE ARC OF A CUR VE TOT IE RIGHT, HAVING A RADIUS OF 891 .00 FEET, A CENTRAL ANGLE
OF 07'19'24", AN ARC Li:NGTli 0 1' 113.89 FEET TO A POINT OF TANGENT;
5. S46'45;58"E, A DISTANCE OF 1 15.28 FEET TO THE POINT OF BEGINNING .
COIITA ININ G A CALC ULATED AREA OF 680,331 SQUARE FEET OR 15 .61P3 ACRES.
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Mr. Bill Jennin gs
District Engineer
Southgate Water and Sanitation Jistricts
3 722 Eas t Orchard Road
Centennial , Co lo ra do 80121
Dear Mr . Jennings:
A ug us1 2 7, 2008
(via Messenger)
l!i12 Lirirrw:l' $11oe1 Su1e ~5
llerM<. Cob'acJo 80'.!02
: el ~.629.5212 F~ ::03.£29.5451
Ol kinjalYISOf'l,com
Re: Harrison Oaks South
Greenwood Vill age, Co lorado
It is requested that th e above referenced property be in cluded within the Southgate
Sanitation Di strict. The property is currently located within tbr, Southgate Water Di strict
We are processing a plat for the property which will create five n ,sidential lots in ~
conformance with the R 2.5 zoning classification as administered by Gi eenwood Village.
Attached pleas e find a reduced scale Utility Plan, dated Augu<:t 20, 2008 prepared by
JR Engin.eering which dep icts the currently proposed Jot configuration .
fhe fo ll owi ng information is attached for your use in co nsi dering thi s request:
I . Two (2) copies of referenced reduced scale Utility Pl an .
2. Two (2) cop ies of titl e commi tm ent iss ued by Fidelity Nat ional Title Insurance
Compan y, effective date July 11 , 2008. Please note this titl e commitmen t is for
the property owned by th e appli cant on both the nortl1 and south sid es of the
Highline Canal.
3. Two (2) copies of re,lu ced scale parce l map indicatin g proposed inclusion area.
4. Two (2) original Exhibit B, In clu sion Agreements with attachment Signed and
notarized by Petitioner.
5. Check No . 1202 ($1 ,936.83), dated August 26, 2008 for payment of Pro cessin g
Fee and Sewer Inclusion Fee (attached August 8, 2008 calculation summary).
Plea se co nta ct me should you have any questions regarding this request or require
additi ona l information . Thank yo u.
Sincerely,
l mes D. Vasbinder
ice President
cc : Jim Fitz mor;is at JR Engin ee rin g (w/ enc los ure)
ETKIN 1 !J 12 Lc.rl!Tw:ll ~-itreet Sui!E: :;25
tx,n,,e,. Cob ado 802"2 e ~Q~1CJSON August 27 , L0 08
(via Me sse nger)
l et n3.629.5212 Ff:!': n3.f.29.54~1
Ol k,njo/Ylso,.com
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Mr. Bill Jennin gs
District Engineer
Southgate Water and Sanitation Di stricts
3 722 Eas t Orchard Road
f!u '.J, <t/f /
Centenni al, Colorado 80 I 2 I t/~
Re: Harrison Oaks South \;i\~
Greenwood Village , Co lorad o ,0}7
Dear Mr. Jennings:
It is requested that the above referenced property be included within the Southgate
Sanitation Di strict. The property is currently located within the Southgate Water District.
We are processing a plat for the property which will create five residential lots in ~
conformance with the R 2.5 zoning classification as administered by Greenwoo d Village.
Attached please find a reduced scale Utility Plan, dated August 20, 2008 prepared by
JR Engineering which depicts the currently proposed lo t configuration .
The fo ll owin g informati on is attached for your us e in considering thi s reque st:
1 . Two (2) cop ies of referenced reduced scale Utility Plan .
2. Two (2) co pi es of titl e commitment iss ued by Fid elity National Ti tle. lnsurance
Co mp any , effec tive dat e July 11, 2008. Pleas e note this title comm itment is for
the property owned by the applicant on both the north and south sides oftl1e
HighJin e Canal.
3. Two (2) copies ofreduced scale parce l map indicatin g proposed inclusion area .
4. Two (2) original Exhibit B, Inclusion Agreements wi th attachment. Signed and
notarized by Petitioner .
5. Check No. 1202 ($1,936.83), dated August 26, 2008 for payment of Process ing
Fee and Sewer In clusion Fee (attached August 8, 2008 calculation summary).
Pl ease co ntact me shoul d you have any que sti ons regarding thi s requ est or requ ire
additional informati on. Thank you.
Sincerely,
J mes D. Vasbinder
( ,. ice President '--------·/.
cc : Jim Fitzmorr is at JR Engineering (w/ enclosure)
3198
3000
: 2930 515 1
5205 5201
3011
6
3010 310 0
5343
500
Southgate Ut ilities
5100 0
5200
53 00
500
FEET
1,000 1,500
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HMM0II OMS SOJrH -..
UTUfY [».Ill -.....
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COUNCIL COMMUNICATION
I Date :
January 20, 2009 I
Agenda Item :
9 a i
Initiated By:
U tili ti es Department
I Subject:
So uthgate Supplement #165
I
Staff Source :
Stewart H . Fonda, Direc tor of Utilities
COUNCIL GOAL AND PRFVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
Th e Water and Sewer Boa rd , at th eir November 11, 2008 meeting, recomm end ed Council adopt a
Bill fo r an Ordinance approving So uth gate Supplemen t # 165 .
BACKGROUND, ANALYS IS, AND ALTERNATIVES IDENTIFIED
Th e City of Engl ewood provides sewage tr ea tm ent to approximately 32,000 acco unts outside the
City through contracts w ith num erous conn ec to r dist ricts. The area is defined by the natural
drain age and exte nds so uth and east from Broadway to the Valley H igh way and frnm Hampden to
Lin co ln Aven ue excluding Highlan ds Ranch. By con tra ct, th e City of Englewood mu st approve any
additions of land to be s,,rved by the districts . Th ese are usually in-fill situations th at are w ithin w hat
th e City considers to be the area it has committed to serve. Adequate ca pacity has been provided
in th e treatme nt plan t to accommodate all such futu re in cl usions . Annexa ti on of thi s parcel of land
w ill n ot increase th e tap all oca ti on of th e Southgate Sa nitation District.
A request wa s made by th e Southgate Sanitation District represe nting th e owner, 4000 Eas t
Belleview LLC, for inclusion of Supplement # 165 consisting of a parcel totalin g 1 5.618 acres into
th e So uthgate Sa nitation District for residen tia l use. Th e p roperty is wrrently zon ed R 2.5 to be
subdivided into 5 residen ti al lots. The legal is attac hed as Exhibi t • A". Th e property is located
between South Stee le St reet and South Colorad o Boul eva rd, sou th of Bell ev iew.
FINANCIAL IMPACT
one.
LIST OF ATTACHMENTS
Proposed Bill fo r Ordinance