HomeMy WebLinkAbout1980 Ordinance No. 003•
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BY AUTHORITY
ORDINANCE NO. 3
SERIES OF 1980
COUNCIL BILL NO. 4
INTRODUCED BY
BRADSHAW
AN ORDINANCE AMENDING AND APPROVING AN AGREEMENT BETWEEN THE BOARD
OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO, AND THE CITY
OF ENGLEWOOD, COLORADO, FOR THE TRANSFER OF REAL PROPERTY TO THE
CITY OF ENGLEWOOD FOR CENTENNIAL PARK.
WHEREAS, Arapahoe County is desirous of transferring the
real property to the City of Englewood for additional ground for
Centennial Park upon County's completion of sand and gravel opera-
tions; and
WHEREAS, the City of Englewood desires to expand Centennial
Park.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City of Englewood shall enter into an Agreement
with the Board of County Commissioners of Arapahoe County whereby
the County shall transfer to the City of Englewood real property
for the expansion of Centennial Park, said Agreement consisting
of three (3) typewritten pages plus one (1) page containing an
engineering drawing of the Engineering Department of the City of
Englewood, designated "Centennial Park," dated October, 1979,
checked by "P.K.," which Agreement generally provides as follows:
1. That the County shall transfer to the City, by Quit
Claim Deed, the following parcel of real property:
Beginning at a point on the N line of the S ~
of NE ~ of Section 8, Township 5 South, Range
68 West of the 6th P.M., Arapahoe County, Colorado,
988.77 feet E of the NW corner of said S ~; thence
s 89°58'30" E 391.39 feet; thence s 0°23'45" W
275 feet; thence S 71°30'l2"E 631.22 ~eet; thence
s 0°23'45" W 180.78 feet; thence S 81 11'38" W
1104.45 feet; thence S 19°30'15" E 356.97 feet;
thence N 89°51'20" W 53.09 feet; thence N 19°30'
15" w 832.53 feet; thence N 40°01'15" E 492.09 feet
to the point of beginning. Said parcel contains
15.66 acres more or less and is also known as
"Parcel A."
• Receipt of the above real property is hereby acknowledged.
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2. The County is owner and in possession of the following
parcel of real property on which it shall be allowed to excavate
sand and gravel until depleted:
Beginning at the NW corner of the S ~ of NE ~'
Section 8, Township 5 South, Range 68 West of
the 6th P.M., Arapahoe County, Colorado; thence
s 89°58'30" E 1380.16 feet; thence s 0°23'45"
W 275 feetb thence S 71°30'12" E 631.22 feet;
thence S 0 23'45" W 180.78 feet to the true
point of beginning; thence continuing on said
line 508 feet to a point 160 feet N of the
SE corner of the SW ~ of SE ~ of NE ~ of said
Section 8; thence N 89°51'20" W 968.78 feet;
thence N 19°30'15" W 356.97 feet; thence N 81°
11 '38" E 1104.45 feet to the true point of
beginning. Said parcel contains 10.10 acres
more or less
This parcel shall be conveyed to the City of Englewood by Quit
Claim Deed ten (10) years from date of the Agreement, or upon
depletion of sand and gravel, whichever occurs first. In any
event, County shall be allowed to continue sand and gravel excava-
tion until depleted .
3. Any parcel of real property received from the County
under this Agreement, or predecessor hereof, shall be used for
park and recreational purposes available for the use of all
residents and inhabitants of Arapahoe County, Colorado.
4. City agrees to save and hold harmless the County from
any and all loss which County might sustain arising out of the
negligence of the City using and occupying Parcel A described
in paragraph 1 hereof, and by using and occupying remaining por-
tions of the subject premises.
5. The parties shall meet and confer on such areas to be
developed for park purposes and said development shall not inter-
fere with the County's excavation, and the County shall take all
reasonable efforts to avoid interference with City's use of
"Parcel A."
Section 2. The City Council of the City of Englewood, Colorado,
hereby authorizes the Mayor of the City of Englewood, Colorado, to
subscribe his name to said contract for and in behalf of the City
Council and the City of Englewood, Colorado, and the City Clerk
attest and execute the same •
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Introduced, read in full and passed on first reading on the
4th day of February, 1980.
Publish e d as a Bill for an Ordinance on the 6th day of
February, 19 80.
Read by title and passed on final reading on the 19th day
of February , 1 980.
Publis h e d by t i tle as Ordinance No. 3
on the 20th day of F ebruary, 1980.
Attest:
, Series of 1980,
I, Ga ry R. Higbee, ex officio City Clerk-Treasurer of the
Ci t y of Englewood, Colorado, hereby certify that the above and
f orego i n g is a true, accurate, and complete copy of the Ordinance
passed on final reading and published by title as Ordinance
No . 3 , S eries of 1980.
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AGRWWn' FOR DEVW>P~T, MAIHTElWICE -.__() ' . J.).lft#.!U -f ()Jt.l...,
AND COtlVEYMICE OF ; REAL PROPEJl'l'Y -I (v IJ /\,rja;vt 1~
. . 11//0 (J'./ y .
THI S AGREEMEN 'f, dated this t..!l!!!.. o~t«.L~; ~ by
and botwoon the CITY 01" ENCLEWOOO, COLORADO , a Munt~l Corporation
(hereinafter •ometimes Cillled "City") and tho BOARD OF COUNTY COMMISSIONERS
or ARAPAHOE COUMTY, COLOMDO (hereinaf;.or acaeu ... a eallod •eounty") 1
WITNESS. ;:TH I
Wll &REAS, County i s tho owner and in poasoaaion of the following
described property (hereinafter somotimes called "Subject PrG11isca")
lying, aituate and bei119 in the County of Arapahoe and St4to of Colorado,
to·-vit1 .
and,
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De9innin9 at the northwost corner of tho south 1/2 of tho northeast
1/4, Section 8, Township 5 south, Range 68 west of the 6th P.H.,
Arapahoe County, Colorado1 thence aouth 89 489reeii ss•30• east
1380.16 feet1 thence aouth 0 degrees 23'45" west 275.00 feet1 thence
south 71 degrees 30' 12" east 631.22 feet1 thence aouth o degree•
23' 45" west 180.78 foot to tho tr-.ie point of bo9innin91 thence
continuing on ~aid lino 508.0 foe~ to a point 160 foot north of the
southeast corner of the southwest l/4 of the southeast l/4 of the
northeast 1/4 of said Section 81 thonco north 89 degrees 51' 20"
wes t 968.78 foot ; thence north 19 degrees 30' 15" west 356.97' thence
north 01 d e gre e s 11' 38" cast 110~.4 5 feet to the true point of
beginning. Sa i d parcel contains 10.10 acres.!.·
tmr:REAS, City desiros and anticipates the construction of a municipal
park wi th attend4nt facilities And improVC1DOnts upon and in connection
wi t h tho Subject Premises, and in that ro9ard desires to acquire title to
the Sub j ect Proaisos upon and in acco~anco with tho terms and condiHons
hereinafter set forth ; and,
WHEREAS, County be l i eve• tho construction and inatallation of a
municipal park upon the Subject Premises, and the UH of the Subject
Pr emises for park purpoaea will be bene ficial to the resident• and inhabi-
tanu of Anpahoe County, and will be in tho county's best interests1 and,
WHE REAS, County is prosontlv usin<; the Subject Premises for !land and
gravel excavation, and de•ires to cont·i.'\ue aaid uae of th• premises until
tho s and and gravel reaourc•• thereon are depleted , wbieh depletion county
anticipates will occur on or before ten year• from the date hereof1 ~·
WH EREAS, County desire• to convey title to the Subject Premises to'
City and desires thct City use portion:. of tho Subject Premices for park
purposes, pending CQlllPletion of aand ai :d gravel excavations by County,
upon and in accordance with the te:nr.s r.nd conditions hereinafter cct forth,
NOW, THEREFOJtE, in consideration of the premises, the mutual covenants
herein contai ned, and other !good and va luable consideration, it is agreed
between t ho partio3 hereto as fo l low s:
1. Frt9 the d o t e ho roof, City &h il ll havo tho right hereunder to employ
and uso that parcel of l a nd de si9natcd on tho plat nttachccl herc:-to os Parcel
"A" f or aunici pal park and recreati on purposes, including fishiny and ice-
sltatinq -. City shall appropriately mark and otherwise delineate the boundaries
of said Parcel "A" to the end that the public uso of said area for park
and recre ational purposes will not i nt~r!ere with t ho operation of County
in e xc avat i n9 •and and gravel from the Subject Promise• anc! City shall
unde rtake all reasonable .. ans to obvi.!.te any auch interference.
2. It i• contemplated by tho parties horoto that as portions of areas
of t he Subject PrClll.ises ere depleted of their sand and gravel resources
tJ1roug h County'o excavation, ouch aruo~ may bo utilizod by City !or pork
and recr e ati onal pur110acs. In th is re';'ard, it ic the intention of t:ounty
to fi r s t excavate along the westerly t>o •• urtdary of the Subject Premises, and
p r oceed i n excavat i on in on oaaturly d l.rection to the end that c:>ity will
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bo l to utilizo t.ho wcatorly portionu of the Subject Promises for park
tnd recreation purposes at an early date. Accordingly, it ia agreed that
City and County shall from tu.. to U..i and u such additional areas aro
depleted of sand and gravel resources, ·'lleet through their respoctive officials
and conrer on such aroaa to be developed for park and recreational purposes
bo rounder, and any such additional development by City will be in accordance
with the following conditiona1 ·
a. Any such areu ahall be co developed as not to permit a.ny
use the roof which will interfere . vi th t:be County' a excavation for .sand
and gravel on the ramaining portions oti the Subject Premises;
b. City sh4ll appropriately mArk and designate the boundaries of
such a.rus to the end that a.ny potential interference with County's
opcrationa on the rcmilinin9 portions of tho Subject Premises will be obviated.
c. City shall Advise County of the type and 111ethod of improve-
ment contemplate4 on auch additional uuu, within a reasonable time prior
to actual improvement of such areu, to the end that any potential inter-
ferenc9 with County aan4 and gravel excavationa will be obviated.
d. such ill'.Ca~ shall be appropriately designated upon the plat
attached hereto and initialed by tho rqspective parties through their
appropriate officials as additional arc\H for use by City for park and
recreational purposes hereunder.
l. County shall mako all reasonable efforts to avoid interference
with the City's use of Parcel "A" and additional dosiqnatod arou of tho
~ubject PrGlll ... for recreational and rark purposes; in the event it a~ll
become necessary for County to uae any ·portion of auch parcel and desi;rnated
areas, County aball first notify City <•! its intentions in this r119ard to
the end that City may take reasonable -uures to protect i ta properties,
facilities, and landscaping from injury or dallacJe.
4. All property, materials, plants, trees, •od and other improvCMnt•
placed upon tho Subject Prclliaea by City shall at all times relll4in the
property of City, ilnd if, for any roasN1, City shall cea:Je using tho Subject
Prociaoa, City shall be entitled to ru1:1ve all such iJllProvo-nts therefrom •
5. City ogroos to SilVO, hold harmless and indemnify the County of
and f rom a.ny and all los3 which County might austoin arloin9 out of tho
• negligence of City in using and occupying Parcel "A". and any additional
designatod areoa of tho Subjoct Pr-ises, and ·County agrees to save, hold
hanalesa and indemnify tho City of and from any and all 109• City might
auat&in by reason of the negligence of ·:ounty in using and occupying the
remaining portions of the Subject PreaisH. .,
6. It is understood and agreod betvoen the parties that when and as
developed for park and recreational purposes by City, the Subject Premises .
shall bo available !or use for such pu11;iosea by all residents and inhabitants
of Aropahoo County, Colorado.
7. County agrees that 4t shall undertake all reasonable efforts to
avoid cutting, rupturing or breaking tho dike existing on tho Subject
Preaiae , to tho ond that as developed for park and recreational purposes,
t;.ho Subject Preaises will contain a pol'd or lake which can be utilized for
such purposes; County further agrees tt .~t if ilt any time (except in tho
event of e-rgency) it shall appear thz ·1~ said dike may or might be ruptured,
broken or cut, or must of necessity be so broken or cut, County shall first
notify City to the and that through cooperation and assistance reasonable
~uros can bo takon to preserve the promises in such mannor as will provide
for a pond or lake on the premises as ultimately developed by City •.
8. Ten years from tho date hereof. or upon completion by County of
sand and gravel excavations upon the S\hject Promises, whichever shall sooner
occur, County shall, by Quit Claim Deed, convey all its right, title and
interest in and to tho Subject Promises to City; said dood shell contain a
clause providing that if City shall at any timo thereafter cease using the
Subject Prcaises for park and rocroational purposes, then, end in thot event,
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titlo to tho Subject Prcaioos shall rovort to County. It i• undorstood
and a9reed between the 1>4Utio• that in the event county · shall not have
ca.,pletod its sand and gravel excavations on the Subject Prcmiiaes at
U.. of delivery of the deod, as aforos·ud, then, and in that avant, this
Agroomont and tho rights and dutios of :tho partie• hereunder shall survive
dollvory of aaid deed to City, &hall not be deemed to have Mrgod therein,
and county ahall thenafur be peZ9.itted to excavate the r.maining sand
and graYel on th• Subject Pr-1ae• until the .... hu bean depleted.
Upon ca.,pletion of sand and gravel excavations by County, or delivery
of cSeocS to City, whichever shall occur later, this Agreement shall " become
null, void and of no effect, and both iio<rties hereto released from all
obli9ationa hereunder save and except such obligations arising out of or in
connection vith the proviaiona of paragraphs 5 and 6 hereof which shall
be ~ to •urvive delivery of the deed and teZ9.ination of und and
graYel o.xcavation oporationa.
DI WITNESS WHEaEOF, the parties he 'ceto have set their hands and
...U th• day and yur first above vritlten.
ATtEST:
ATTES'1'1
Director of Finance ex officio
• City Clerk
BOARD OF COUNTY COl'.MISSIONE\U>
OP AJU\PlWOE COUNTY, COLORADO
CITY OP ENGLEWOOD
. By_· ____________________ .._ __ _
f'.nyor
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PARCEL-A
CITY OF ENGLEl1000
AREA•t 15.66 Ac .
63.0t'
ARAPAHOE COUll.'TY
AREA• t 10.IOAc.
988 .71'
s11•01'2o"w
Parcol "A"
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Dc<)inninq .:it a point on tho N lino of tho s IJ of tho rm .. of Soc:tion O, 'l' 5 s,
P. G.'I H of tho 6th P.H., Ar.ipahoo CoWlty. Colorado 988. 77 ft E of tho Nl'I corner
of a.:aid s '21 thence s 09 d09rooa 58' 301' E 391.39 ft1 thonco s O dc<Jrcos 23'
45 .. w 275.00 ft1 thonce s 71 d09reea Jo ) 12" E 631.22 ft1 thenco s o dc9rco~
/
2Y 45" t• 100. 78 ft ; thltnco S 81 d09rocs 11' 38" W 1104.45 ft; thence s 19 dc9rccs
30' 15" C 356.97 ft1 thenco N 09 d09reoa 51' 20" W 53.09 ft1 thonc:o N 19 dc<Jroc:s
30' 15" w 832.53 ft1 thonco N 40 dOCJrooa Ol' 15" E 492.09 ft to tho point of begin-
ning. S.:aid parcel cont.ins 15.66 acros t .
. Arapahoe! County
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Beqinninq at the llW cornor of ;the s 1, o.! tho NE ._, Section 8, T 5 s, R 68 l'l of
tho 6th t'.M., Acapoho c County, Color.:ido1 thonco S O!> dogrcou !.iO' 30" l:: 1300.16 fcot;
thcnco s o dcgroca 23' 45" w 2 ·15,00 ft; thcnco s 71 docJroos JO' 12" r:: 631. 2:! !:t;
thonc:o s O dogroos 23' 45" w J.00.78 ft to tho truo point of 1'e9inning1 thence
<'Ont;in uing on aaid lino 508.0 ft to a point 160 ft north of tho SE cornor of the
SW .. of tho SE .. of the NI:: .. of said so ::tion 01 ,thonco ti 89 doqroc:i 51' 20" wc:it
963 .78 ft: thence N 19 do9reea 30' 15" ii 356.971 thence H 81 d09roe11 ll' 38" E
1104.45 ft to the true point of bo9innin9. Said parcol contains 10.10 acres ±.
UJGINEEAlrJG DEPAClTr.1:::NT
CITY C•F ENGLE\"JOOD, COLOAADO.
CENTENNIAL PAR~
SCALE: ~J>O' DATE: _ocu~zg -~;;=:;=:;;;:;;;:;;.l,.....=::.:..::.;...;;:;;;;:~:.;;;;:;;;:~-:;:;;--;;;;::~~;;;;:~~
DRAWN BY: J.1..P._ CMECt<EO BY;~~-----
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APP. CITY ENG:l . SHEET Or __ _
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