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HomeMy WebLinkAbout1959 Ordinance No. 011BY AUTHORITY ORDINANCE NO. 11 SERIES OF 1959 - AN ORDINANCE VACATING A SANITARY SEWER LINE EASEMENT IN BLOCK S, BIRCH'S ADDITION TO SotrrH BROADWAY HEIGHTS, SECOND FILING, CITY OF ENGLEWOCI>, ARAPAHOE COUNTY, COLORADO; AUTHORIZING THE MAYOR AND CITY CLERK TO CONVEY ALL INTEREST OF THE CITY OF ENGLEWOOD IN AND TO SAID EASEMENT TO DRY CREEK CENTER, INC. ; AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECtrrE ON BEHALF OF THE CITY OF ENGLDoa> AN BASEllBlfl' AGREEMENT WITH DRY CREEK CENTER, INC. FOR A NEW SAMITARY SEWER EASEllENT IN SAID BLOCK 3; AND AMENDING S.ECTION 5 OF ORDINANCE NO. 26, SERIES OF 1958. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COL<JlADO: Section 1. The City of Englewood does hereby expressly vacate the aanitary sewer easement granted to said City by Dry Creek Center, Inc. in that certain easement agreement recorded in Book 1081 at Pa1e 317 of the records of Arapahoe County, Colorado, des- cribed as follows: AD easement 10 feet in width for sanitary sewer line purposes, the center line of which is described as: Beginning at a point 9 feet East of the Northeast corner of Lot 16, Block 3, Birch's Addition to South Broadway Heights, Second Piling, which point is on the North line of said Lot 16 extended Eastward; thence in a Southwesterly direction for a distance of 112.2 feet, more or less, to a point on the North line of Lot 19 in said block, which point is 51 feet Bast of the Northwest corner of said Lot 19; thence in a Southwesterly direction for a distance of 128.5 feet, more or less, to a point on the South line of .Lot 23 in said block, 11hich point is 22.67 feet Bast of the Southwest corner of said Lot 23, all within said block and within the City of Englewood, Arapahoe County, Colorado; and the Mayor and City Clerk of .the City of Englewood are hereby authorized and directed to execute a quit claim deed to Dry Creek Center, Inc. for the said hereinabove described easement. Section 2. Section 5 of Ordinance No. 26, Series of 1958, is hereby amended to read as follows: "Section 5. That the vacation of the utility easement rights of the City of Englewood, in those portions of the alleys described in Section 3 and 4 above, is expressly contingent upon the conveyance to the City of Englewood by the owner or owners thereof of an easement for sanitary •ewer line purposes described as follows: "AD easement 10 feet in width for sanitary sewer line purposes, the center line of which is described as: Beginning at a point 9 feet East and· 20.7 feet North of the North- east corner of Lot 16, Block 3, Btrch's Addition to South Broadway Heights, Second Filing; thence in a Southwesterly direction for a distance of 130.0 feet, more or less, to a point on the North line of Lot 19 in said block, which point is 51 feet East of tbe w~rthwest corner of said Lot 19; thence in a Southwesterly direction for a distance of 128.5 feet, more or less, to a point on the South line of Lot 23 in said block, which point is 22.67 feet East of tbe South- west corner of said Lot 23, all within said block and within the City of Englewood, Arapahoe County, Colorado; "said owner or owners to build a new sewer line for the City of Englewood within the easement described in this section, according to the plans, grade line and inspection of the City Engineer, at their own expense, and said owner or owners to plug and seal off the present sewer line which now lies within the vacated parts of alleys described in Sections 3 and 4 above." I I I Section 3. The Mayor and the City Clerk of the City of Englewood, Colorado, are ._.eby authorized and directed to execute an easement agreement with Dry Creek Center, Inc. for a sanitary sewer easement to replace the sanitary sewer easement vacated and ordered conveyed in Section 1 above, which said easement agreement shall be in the form of that certain easement agreement recorded in Book 1081 at Page 317 of the records of Arapahoe County, Colorado, except for the date thereof and for the description of the said easement, which shall read as follows: An easement 10 feet in width for sanitary sewer line purposes, the center line of which is described as: Beginning at a point 9 feet East and 20.7 feet North of the Northeast corner of Lot 16, Block 3, Birch's Addition to South Broadway Heights, Second Filing; thence in a Southwesterly direction for a distance of 130.0 feet, more or less, to a point on the North line of Lot 19 in said block, which point is 51 feet East of the Northwest corner of said Lot 19; thence in a Southwesterly direction for a distance of 128.5 feet, more or less, to a point on the South line of Lot 23 in said block, which point is 22.67 feet East of the Southwest corner of said Lot 23, all within said block and within the City of Englewood, Arapahoe County, Colorado. Passed on First Reading by the City Council of the City of Englewood, Colorado, this 2nd day of March, A.D. 1959, and ordered published in full in the Englewood Herald and Enterprise. Passed on 1inal Reading by the City Council of the City of Englewood, ~olorado, this 16th day of March, A.D. 1959, and ordered published in full in the Englewood Herald and Enterprise. ---ATTEST: " ) • I ) ' , - ' ~· f " ~-'---c:_ --... _L cny Clerk ----7 · ~ 181