HomeMy WebLinkAbout1980 Ordinance No. 041•
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ORDINANCE NO. 41
SERIES OF 1980
BY AUTHORITY
COUNCIL BILL NO. 44
INTRODUCED BY COUNCIL
MEMBER__.B~I=L=O~~~~-
AN ORDINANCE VACATING THE NORTH 125 FEET OF THE ALLEY IN BLOCK 2,
HIGGINS ENGLEWOOD GARDENS, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE,
STATE OF COLORADO, AND SECURING AN ALTERNATE MEANS OF PUBLIC
ACCESS.
WHEREAS, there presently exists a 15-foot wide alley within
Block 2, HIGGINS ENGLEWOOD GARDENS; and
WHEREAS, on September 3, 1980, the City Planning and Zoning
Commission determined that the North 125 feet of said alley is
no longer needed for public access and recommended that perpetual
alley easements be provided as alternate public access in and
to Block 2, HIGGINS ENGLEWOOD GARDENS; and
WHEREAS, said City Planning and Zoning Commission further
recommended that said perpetual easements for public right-of-
way consist of the following:
Lot 6, except the North 9 feet of the
West 86 feet thereof, and the West 5 feet
of Lots 42 through 45, inclusive, all in
Block 2, HIGGINS ENGLEWOOD GARDENS, City
of Englewood, County of Arapahoe, State
of Colorado;
AND WHEREAS, Swedish Medical Center Foundation and Swedish
Medical Center are the owners collectively of the realty above
described; and
WHEREAS, as a condition of s id vacation, the said owners
shall contemporaneously with the vacation of said North 125 feet
of said alley, provide to the C ty of Englewood a perpetual ease-
ment for rights -of-way within a id Block 2, HIGGINS ENGLEWOOD
GARDENS, as recommended by th C ty of Englewood Planning and
Zoning Commission, above de cri d.
NOW, THEREFORE, BE IT 0
CITY OF ENGLEWOOD, Cl')LORA
Section 1. The herein f
City of Englewood, Ar p h
Y TH CITY COUNCIL OF THE
rty located in the
and the same is
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• hereby declared vacated pursuant to the provisions of Part 3,
Article 2, Title 43, C.R.S.'73, as amended, and title thereto
shall vest in the owner of the abutting land as provided in
said Article, said vacated land being more particularly described
as follows:
The North 125 feet of the alley in
Block 2, HIGGINS ENGLEWOOD GARDENS,
City of Englewood, County of Arapahoe,
State of Colorado.
Section 2. The hereinabove described land is located entirely
within the Ci t y of Englewood and does not constitute a boundary
line between he City of Englewood and any other county or other
municip a l i ty.
Section 3. The vacation of the hereinabove described alley
will not leave any adjoining land without an established public
road.
Introduced , read in full and passed on first reading on
the 6th day of October, 1980.
Published as a Bill for an Ordinance on the 8th day of
• October, 1980.
Read by title and passed on final reading on the 20th day
of October, 1980 .
Published by title as Ordinance No. 41 , Series of 1980,
on the 22nd day of October, 1980.
Attest:
e(e;;Jci~l:~
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above.and
foregoing is a true, accurate and complete copy of th7 Ordinance
passed on final reading and published by title as Ordinance
o. 41 , Series of 1980.
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GRANT ()F' PC HP ETU l\L EAS EMENT
\"l llL RC SWED IS H ' JCA L CENTER FOU DATION ("Founda tion")
nd S EDISH MC I l\L CEN TER (" ntcr") are the pre sent own ers,
l~c i v ly, of that r lty loca ted within the City of
OUll y c . Ar .1p h o , S t.:i of Col orado , d esc ribed as
ol o•,.;, o wi t :
1 ' WllE R "'
Lo s 1 t h o u g h 6 , inclusive , and
.ots 42 hro uqh 5 0 , inclusive ,
Block 2, HIGGIN S EN GLEWOOD GARD ENS;
h ro u n ion Jnd the Cen e r i nt end t o
co st ruc upon por tion of Lh t realty certain i mprovement s in
• o rd nc wi h h Zo n in q n Buildinq Codes of the CITY OF
.GLEWOO D ("C l •"); nd
WHEREAS, the F oun datio n and the Center ha ve reque sted the
c y Co ncll of he City of Engl wood to vacate a port io n of
t p resentl y d c ted and exis t ing public alley which abuts
Lo 1 t.h r o u h 5 n Lo s 4 6 throu g h 50 , both incl us ive , i n
o r e r t o f a c i lit t e the cons ructi on of t.he structur e c ontem-
pl b y h Fo nd he Cen ter.
W, TH C.CF ORE , th . F o und a tion and the Center agree to,
and o h r b••, n r a n , b r Qain an d sell to the City a pe rpe tual
l h -o -w y
"o o· .• n n q d r
Lot
••ns
J f
'l I 1
emen ove r, Jc ross , through and unde r , for
h cond· io ns he r e in con tained, the
r e ... l ·/:
feet of the
h -W s t
The r n -"-w;J.y h rein g r an ted shall be
on Y." ;h , : 1 I.Jc s u lii" ,., • n d i n c) i ion to s u ch
0 he r ri 9h . -o -w y or as -. s p r es ently p o ssessed or he re-
Cl f. r 0 bo cqu i t <•cl by h' Ci y . Lh e City und Count y o f
.. ., r , or 0 lu•r 'Jfl I 1 nm" 1 t I •l<•<•rH:y o r l'n i y for the pur pose
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o con struc:ing and main taining that i r r igat ion ditch commonly
k nown as "City Ditch" and shall be for the s ole purpose of
oc tin g , ~s o l i sh ing, con structi n g a nd ma i ntain i n g a public
L . ht -o f -wa y nd a lley, including the right to make use of the
am for th installation, construct i on and mainten a nce of
ater , sewer, gas a nd telephone a n d te l e graph lines, pipes
nd con d uits, to the same extent a s t h oug h the realty involved
was a dedicated pub li c alley, provided, however, that should
the City or its successors ever abandon t he use of the same
for all of the aforesaid purposes, the n and in that event,
al l rights granted he r eby shall t erminate and the fe e simple
tit le to the above -described realty s hall no longer be encum-
bcred by such rights.
The Foundation and the Cente r f urther agree that they
shall cause the realty subject to the r i ght-of-way and easement
here in granted to be improved to such standards as the City
gene rally re uircs for public alley s p r i or to the time that
ha t portion of the presently existi ng alley is physica lly
closed to vehicular traffic . Upon completion of such improve-
ment and construction, and acceptance thereof by appropriate
official s of the City, the City shal l t h e r e a f ter undertake
to perform such r ep air and maintenan ce u p o n said r i ght-of-way
and ea sement a s the City presently per f o rms upon othe r ded i cated
and open ed public alleys within the City .
This agreement and the grant of the r i ght-of-way and
easement here i n contained is, and shall b e, expressl y c onditioned
pon the final ado ption by the Cit~ Counc il of the City of
Englewood of an Ordinance properly vacating a l l tha t portion
of the presen ly exis ting public alley wh ich abuts Lots 1
hrough 5 and Lots 46 through 50, inclusi v e .
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DATED his lo _· day of {l_·-t_-1_-/_._~_'-<_'A ____ _ , 1980 .
TTEST :
ATTE ST:
STAT E OP COLO RAD O
COU NTY OF ARAPHOE
S S
S WE~><E~ICAL CENTER FOUN OA:ION
By .L La~ ..
SWEDISH MEDICAL CENTER
A.'
By _ _{_.
The foregoi ng was a cknow ledged before me by Cletus A. Gasson
s V j c c Cb:i j nn;in , a nd as
of Swedish Me d i cal Center Fo u ndation, this 10th day of October, 1980.
Witness my han d and official seal.
1y Commi ss i on E xpires:~~~--~-~_""-~;_1._1 J_r _e_'P_;,_a_,_M_~_Y_~_._,9_e_2~~~~
. .i40tary Public __
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ST, TE OF CO LORADO
SS
COU TY OF ARAPAHOE
.-/ ·: . j .. The forego ing wa s acknowledge d before me by _ ,, :"-q··,_./· L l f r. •• .i
as I
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of Swe ish :te d ical Center , th i s day o f October, 1980.
Wi n css my hand an d o f ic ia l s eal..
-( No ta r y Pul>lic
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