HomeMy WebLinkAbout1982 Ordinance No. 001ORD !NANCE NO . /
SERIES OF 198~----
BY AUTHORITY
COUNCIL BILL NO. 95
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE CONCERNING VACATION OF A PORTION OF THE ALLEY IN
BLOCK 4, HIGGINS SOUTH BROADWAY HEIGHTS, ACCEPTANCE OF AN EASEMEN~
ESTABLISHING CONDITIONS FOR SAID VACATION OF ALLEY.
WHEREAS, the Englewood Planning Commission has considered
a proposal to vacate the west portion of the Talley in Block 4,
Higgins South Broadway Heights; and
WHEREAS, the proposal calls for a SO-foot turning radius
easement to be granted to the City of Englewood; and
WHEREAS, the alley abutting property described as Lots 17
through 30, Block 4, Higgins South Broadway Heights, Arapahoe
County, Colorado, would be paved in accordance with City require-
ments; and
WHEREAS, construction of an office building on the site
would be enhanced by the vacation; and
WHEREAS, given that a turning radius easement would be
granted, the alley paved, and the property improved on the West
portion of the Talley; and
WHEREAS, the aforedescribed alley is no longer necessary;
and
WHEREAS, the Englewood Planning Commission has recommended
vacation of the aforedescribed alley.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO :
Section 1. The fo llowing described portion of public right-of-
way located in the City of Englewood, County of Arapahoe, State
of Colorado, is vacated subject to the terms and conditions in
Section 2 hereof:
The alley right-of-way which adjoins Lot 20 on the
South, Block 4, Higgins South Broadway Heig hts,
extending East from South Clarkson Street to connect
with the east and north/south portion of the
Clarkson/Emerson alley in the 3500 Block South.
Section 2. Condition of Vacation.
a) The following described property must be granted to the
City substantially in accordance with that instrument found in
Exhibit A here.of --Grant of Perpetual Easement:
Commencing at the SW corner of Lot 31, Block 4,
South Broadway Heights, said point being the
point of beginning; thence northerly along the West
line of Lots 31 and 32, a distance of 50.0 feet to
the NW corner of said Lot 32; thence along the
arc of a curve left whose center bears East having
a delta of 90°00'00", a radius of 50.0 feet, a
distance of 78.54 feet to a point on the South
line of said Lot 31; thence Westerly and along
said South line a distance of 50.0 feet to the
point of beginning, Arapahoe County, Colorado.
b) That the portion of the alley abutting Lots 17 through
30, Block 4, Higgins South Broadway Heights, Arapahoe County,
City of Englewood, State of Co l orado , be paved in accordance
with the requirements of the City Code of the City of Englewood.
c) That the owner of Lots 17 through 30, Block 4, Higgins
South Broadway Heights, Arapahoe County, City of Englewood,
State of Colorado, apply for and be issued a building permit for
said real parcel allowing for the construction of an office
building thereon within 180 days;
d) That upon completion of the foregoing conditions a),
b), and c), the Mayor of the City of Englewood is authorized to
execute a Quit Claim Deed vacating the property adjacent to
portion of alley described in Section 1 hereof.
Introduced, read in full, and passed on first reading on
the 21st day of December, 1981.
Published as a Bill for an Ordinance on the 23rd day of
December, 1981.
Read by title and passed on final reading on the 4th day
of January, 1982.
Published by title as Ordinance No. / , S e ries of 1982,
on the 6th day of January, 1982. ---
Attest:
e~ci~/fie~
-2-
-
I, Gary R . Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the foregoing
is a true, accurate and complete copy of the Ordinance passed
on final reading and published by title as Ordinance No. / ,
Series of 1982.
GRANT OF PERPETUAL EASEMENT
GRANT OF EASEMENT dated this __ day of September,
1981, by and between MAXINB LEGION (hereinafter referred to as
"Grantor") and the CITY)OF ENGLEWOOD, (hereinafter referred to
as "Grantee).
WHEREAS, Grantor is the present owner of certain real
property known nR Lots 31 and 32, Block 4, Higgins South Broadway
HeightA, J\rni,ohoo County, Colorado (hereinafter referred to as
the "subject premises"); and,
WHEREAS, Grantee is desirous of acquiring a perpetual
driveway easement and right-of-way across a portion of said Lota
31 and 32 for the purpose of allowing ingress and egress of fire
prevention equipment across said Lota 31 and 32 and adjacent lots1
and,
WHEREAS, Grantor is willing to grant said driveway eaae-
ment and right-of-way in return for Grantee's promise to vacate all
of that portion of the west leg of the 16 foot wide "T"-shaped alley
in Block 4, Higgins South Broadway Heights, which leg is bounded by
the south line of Lot 20, Block 4 on the north, and the north" lines
of LolR 71 -:1.4 ,11111 n portion of Lot 25 of Block 4, on the south.
NOW, 111111mm•'ORE, for and in consideration of the sum of
One Dollar ($1.00), tho receipt and sufficiency of which i• hereby
acknowlud~1d, tho parties agree as follows:
1 . Grantor hereby gra~ts, bargains, sells and conveys
to Grantee and its successors, a perpetual driveway easement and
right-of-way over, across, through and under por tions of Lota 31
and 32, Block 4, Higgins South Broadway Heights, Arapahoe County,
Colorado, said easement being more spepifically described at follows:
Commencing at the southwest corner of said Lot
31, said point being the point of beginning;
thence northerly along the west line of Lots
31 and 32 a distance of 50.00 feet to the north-
west corner of said Lot 32; thence along the arc
of a curve left whose center bears east having
a delta of 90°00'00", a radius of 50.00 feet, a
distance of 78.54 feet to a point on the south
line of said Lot 31; thence westerly and along
said south line a distance of 50.00 feet to the
point of beginning.
. -..
2. The driveway easement and right-of-way granted
herein shall be non-exclusive and shall be in addition to such
other rights-of-way or easements presently possessed by Grantee
and shall be subject to prior rights-of-way or easement• poa-
sessed by other governmental agencies or entitiea.
3. This grant of perpetual easement and right-of-way
herein contained is, and shall be, expressly conditioned upon the
final adoption of an ordinance, by the City Council of the City of
Englewood, properly vacating all that portion of the west leg of
the 16 foot wide "T"-shaped alley in Block 4, Higgins South Broadway
Heights, which leg is bounded by the south line of Lot 20, Block 4,
on the north, and the north lines of Lots 21-24 and a portion of
Lot 25 of Block 4, on the south.
4. In the event Grantee or its successors ever abandon
the use of this easement for said purposea, all rights granted hereby
shall terminate, and the fee simple title to Lota 31 and 32, Block 4,
Higgins South Broadway Heights, Arapahoe County, Colorado, shall no
longer be encumbered by the driveway easement and right-of-way
created by this instrument.
IN WITNESS WHEREOF, the parties have executed this Grant
of Perpetual Easement the day and year first above written.
GRANTOR:
MAXINE LEGION
ATTEST:
GRANTEE:
CITY OF ENGLEWOOD
By ______________ _
ATTEST:
STATE OF COLORADO
COUNTY OF
ss.
Subscribed and sworn to before me this ___ day of
September, 1981 by Maxine Legion, Grantor .
Witness my hand and offici al seal.
My commission expires: _________ _
STATE OF COLORADO
COUNTY OF
Notary Public
ll11l1111 i r lhl'll nnd sworn to before me this
Septomh11 ,-, I 11 It l hy
of Eny l o w11cnl 1 IJL0 <111LiH i ,
day of
~the City ---------------
Wt1noss my hand and official seal.
My commission expires : _________ _
Notary Public