HomeMy WebLinkAbout1977 Ordinance No. 018•
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INTRODUCED AS A BILL BY COUNCILMAN SMITH
BY AUTHORITY
ORDINANCE NO. 18 , SERIES OF 1977
AN ORDINANCE VACATING A PORTION OF THE 2700 BLOCK OF SOUTH
ELATI STREET AND A PORTION OF THE 400 BLOCK OF WEST YALE
AVENUE, LYING AND BEING WITHIN THE CITY OF ENGLEWOOD, ARA-
PAHOE COUNTY, COLORAOO.
WHEREAS, there presently exists public ways known as the
2700 Block of South Elati Street and the South one-half (1/2)
of the 400 Block of West Yale Avenue within the City of
Englewood; and
WHEREAS, the City and County of Denver is conunencing
vacation as a public way the North one-half (1/2) of the 400
Block of West Yale Avenue; and
WHEREAS, the Planning and Zoning Commission of the City
of Englewood recommended that a portion of the 2700 Block of
South Elati Street and a portion of the 400 Block of West
Yale Avenue be vacated, retaining however, certain easements
as hereinafter more particularly described.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORAOO, AS FOLLOWS:
Section l.
Tha the following-described portions of public streets
located within the City of Englewood, Arapahoe County, Colorado,
being known as the 2700 Block of South Elati Street and the
South one-half (1 /2) of the 400 Block of West Yale Avenue be
and the same is hereby vacated:
p ARCEL II A II
Beginning at the NE corner, NW 1/4, NW 1/4 of Sec. 34, Twp.
4 S, Rge. 68 W of the 6th P.M.; thence W along the N line of
Sec. 34 190.2 ft. to the true point of beginning; thence
continuing along said line 165.8 ft. to the W line of South
Elati Street; thence on an angle to the left of 90° and along
the W line of South Elati Street a distance of 30 ft. to the
extended S line of West Yale Avenue; thence on an angle to
the left of 90° and along said line a distance of 151 ft.;
thence on an angle to the left 63°44'30 11 a distance of 3 3.45
ft. to the true point of beginning; said parcel containing
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0.109 acres, more or less, in the Coun ty of Arapahoe, State of
olo rado.
PARCEL "B"
Beginning at the NE corner, NW 1/4, NW 1/4 of Sec. 34, Twp.
4 S, Rge. 68 W of the 6th P.M.; the n c e W along the N line of
Sec. 34 a distance of 356 ft. to the W line of South Elati
Street; thence on an angle to the left, of 90° and along the
W line of South Elati Street a distance of 30 ft. to the
true point of beginning; thence continuing along said line
a distance of 600 ft. to the e xtended N line of West Amherst
Avenue; thence on an angle to the left of 90° and along said
line a distance of 28.26 ft.; thence on an angle to the left
of 30° a distance of 36.65 ft. to the E line of South Elati
Street; thence on an angle to the left of 60° and along said
line a distance of 581.67 ft. to the S line of West Yale
Avenue; thence on an angle to the left of 90° a distance of
60 ft. to the true point of beginning; said parcel containing
0.820 acres, more or less, in the County of Arapahoe, State
of Colorado.
The City hereby expressly reserves to itself, its assigns,
appointees and licensees, easements for underground utility
lines, pipes and structures as presently existing or constructed
in the futu~e and such above surface devices as are necessary
for the maintenance of said underground facilities, on the
following-described property:
PARCEL "A"
Beginning at the NE corner, NW 1/4, NW 1/4 of Sec. 34, Twp.
45, Rge. 68 W of the 6th P.M.; thence W along the N line of
Sec. 34 190.2 ft. to the true point of beginning; thence
continuing along said line 165.8 ft. to the W line of South
Elati Street; thence on an angle to the left of 90° and along
the w line of South Elati Street a distance of 30 ft. to the
extended S line of West Yale Avenue; thence on an angle to
the left of 90° and along said line a distance of 151 ft.;
thence on an angle to the left of63°44'30" a distance of
33.45 ft. to the true point of beginning; said parcel containing
.109 acres, more or less, in the County of Arapahoe, State of
Colorado.
PARCEL "B"
Beginning at the NE corner, NW 1/4, NW 1/4 of Sec. 34; Twp.
4 s, Rge. 68 W of the 6th P.M.; thence W along the N line of
Sec. 34 a distance of 356 ft. to the W line of South Elati
Street; thence on an angle to the left of 90° and along the W
line of South Elati Street a distance of 30 ft. to the true
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point of beginning; th e nce continuing along said line a dis-
ance of 600 ft. to the extended N line of West Amherst Avenue;
h ence on an angle to the left of 90° and along said line a
distance of 28.26 ft.; thence on an angle to the left of 30°
a distance of 36.65 ft. to the E line o f South Elati Street;
thence on an angle to the left of 60° a nd along said line a
distance of 581.67 ft. to the S line of West Yale Avenue;
thence on an angle to the left of 90° a distance of 60 ft. to
the true point of beginning; except the easterly 20.0 ft.
thereof; said parcel containing 0.550 acres, more or less,
in the County of Arapahoe, State of Colorado.
The party, owner or possessor of any right to the property
vacated by this easement shall not in any manner restrict,
hinder or injure the right of the City, its assigns, appointees
or licensees or their facilities. Under no circumstances
shall any activity take place that would damage, hinder or
restrict the use of the easement by the City, its assigns
and licensees or its facilities. The party, owner or possessor
of the right to any portion of the property vacated shall be
liable for any damage caused by it to the underground facilities
existing or constructed and those surface devices necessary.
Should maintenance or construction be undertaken, it shall be
the res ponsi bility of the party in possession to remove from the
surface of the easement any item obstructing the maintenance or
construction . .·
No structure shall be constructed on the easement other
than normal grading and asphalt surfacing for parking or road
purposes.
The City shall replace the surface of the easement to its
normal grade and repair any a sphalt damaged or removed in the
course of con struction or maintenance. The assigns, appointees
or licensees of the City , and not the City, shall be responsible
to return the surface of the easement to its normal grade and
repa i r asphal t damaged or removed in the course of construction
or maintenance of the i r existing facilities or facilities con-
structed in the future.
Introduced, read in full and passed on first reading on
the 5th day of July, 1 977.
Published as
July, 1977.
Bill for an Ordinance on the 13th day of
Read by title an d passed on final reading on the 1st day
of August, 19 77 .
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Published by title as Ordinance No. 18 , Series of 1977,
on theJrd day of August, 1
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ATTEST:
ex
I, William D. James, do hereby certify that the above
and foregoing is a true, accurate and COJll>lete copy of the
Ordinance, passed on final readinq and published by title
as Ordinance No. 18 , Series of 1977 •
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