HomeMy WebLinkAbout1984 Ordinance No. 020ORDINAICE 1¥J • .dQ_
SERIES OF 1984
BY AlmiORITY
COOICIL BILL NO. 17
Im'RO!JOCED BY CXXJOCIL
MEMBER BILO
AN ORDINAOCE VACATING STREET RIGHT OF WAY ANO A SANITl;RY SEWER
EASEMENI' ANO 1.0:EPl'ING AN EASEMDIT FOR A NEW WATER LINE IN THE
VICINITY OF SOl1l'H SH ERMAN STREET , U.S. 285, AND SOOTH I..CGAN STREET.
I-OI, THEREFORE, BE IT ORDAINED BY THE CITY CO!H:IL CF THE
CITY OF EtG.&iOOD, COLORADO , as follows:
Section l. 'Ille hereinaf ter described property located in the
City of Engle~, Ar apahoe County, Colorado , be and the same i s
hereby declared vacated pursuant to the provisions of Pa rt 3,
Article 2 , Title 43, Colorado Revised Statutes , and title t hernof
shall vest in SAFEWAY STORES, IOCORPORATED, a Maryland Corporation,
sa i d vacated land being more par ticularly desc.dbed as follows:
South Grant Street vacation :
A. Tha t portion o f vacated Sout h Grant street lotlich is i>:l j acent
to the ""'st side of Lo t 12 through Lot 16 , Block 4, Birc h's
kld ition to South Broadway Heights , Second Filing, and
adjacent to the east s ide of Lo t 35 through Lot 39 , Block 3 ,
s aid South Broadway Heights.
The City shall r etain an easanent on the foregoing p a rcel
fo r utility purpos e s through a u t ility agre<ment as found in
Ex hi b i t A.
B. South Gr a n t Str eet /Sout h Log an St reet alley to be vacated:
Th a t portion of vacated Grant /Logan alley which is adjacen t
to the east side of Lot 12 through Lot 18 and adjacent to
the ""'st side of Lot 33 throug!, Lot 39 , Block 4 , Birch 's
Ad dit ion t o South Broadway He i ghts , Second Filing .
The City shall r etain an easanent on the foregoing parcel
for uti lity purposoas through a u t ility agreanent as found in
Exhibit A.
C. Parcel A. All of Lot 17, Bl ock 4 , Bi rch 's Additi on Second
Filing, to South Broadway He:,ghts.
Parcel B. cannencing at the 1'1:lrthwest corne r of said Lot 17,
thence Southerly along the Wes t l i ne of Lot 17 to the
South.est corner of said Lot 17; t hence Westerly along the
extended South line of Lot 17, a d i starx:e of 40 feet; therx:e
1'1:Jrtherly a · d parallel to the West l ine of said Lot 17, a
distance o : 25 fee t ; therx:e Ea ~terly along the ex tended 1'1:lrth
line of Lol 17 , a distarx:e of 40 !e->t to t he point of
begi nning .
All in the O:mnty of ;.,apahoe, State of Colorado.
Section 2. '!hat S1\FD<IAY STORF.S, IICORFORATED, a Marylard
0:>rporntion, shall grant to t he the City of Englewood a u ti lity
easement over, in ard through the hereinafter described real
property located in the City of Ehgle""od, Coooty of Arapahoe,
State of Colorado, with appropriate title policy for the same:
1\n l!ilSernent for utilities located in Block 3, Birch's
Addition to South Broadway Heights, Secord Filing, ard in a
portion of vacated South Grant Street adjoining said Block
3, Ar apahoe Cl:>unty, Colorado , more particularly d e scribed as
follows:
All of Lo t 12 a rd the North 5 f eet of Lot 13 together
with all of that part of t he vacated alley lying East o f Lot
12 ard the No rth 5 feet of Lot 13, ard the North 20 feet of
Lot 39 together with the We st 50 feet of vacated Grant
Street lying East of the North 20 fee t of Lot 39, ard the
West 20 feet of Lots 13 throlY ,: 21, inclusi ve , ard the North
10 feet of the West 20 f eet of Lot 22.
'!he foon of s aid easenent shall be as found on E><hibi t A
her eto .
Section 3 . SAFEJ,<il\Y STORF.S , H CORFORATED , a Marylard corporation ,
s ha ll grant to the City of tng l e ...,od an easenent over, in ard
through the foll owi ng described property for alley and public right
of way purposes with appropriat e title po l icy for the s1"Tle :
A po rt ion of Lo ts 11, 12 and 13, Block 4, in Birch's
l\:ldit ion t o South Broadway Heights, being the Second Filing,
toge ther with a part of vacated South Grant Street ard a
part of the vacated alley which is located east of said Lots
12 and 13 , mor e particularly de scri bed a s follows:
Beginning at a po int on the North line of said Lot 12
e xtended west which is 22 feet wes t of the Northwest corner
of s aid Lot 12 ; thence on a curve concave to the Northeast
an ar c distance of 43.33 f eet and ;tiose long chord bears S
51 degrees 19'04" Ea dist ance of 40.10 fee t to a point that
is 9 . 25 f eet Eas t: of the No rthwest corner of said Lot 13 and
lies on the Nor•,h line of s aid Lot 13, said curve has a
central angle of 77 degrees 34 '58", a tangent l ength of
25. 72 f eet and a rad i us of 32 .00 feet; thence s 89 degrees
53 '27" E a long the North line of said Lot 13 a distance o f
83 .99 feet; thence along a curve to the left an arc distance
of 50 .08 feet to a point on the Eas t line of said Lot 11,
sa id point also being on the West line o f said alley , said
curve has a central angle o f 89 degrees 39 '36", a tangent
l ength o f 31.81 f eet , a radius of 32.00 feet and ..tiose chord
bears N 45 d eg rees 16'43" Ea distance o f 45 .12 feet; thence
s 89 degrees 34 '05" E a distance of 16 f eet t o the East line
l
of said alley; thence along a curve concave to the tt>rthwest
an arc distance of 75.12 feet and ..tiose long chord bears S
45 degrees 16'34" W a distance of 67,68 feet to a point that
is 16 feet South of the ltlrth line of said Lot 13; said
curve has a central angle of 89 degrees 39' 58", a tangent
length of 47. 72 feet and a radius of 48.00 feet; thence N 89
degrees 53' 27" W and parallel with the tt>rth 11ne of saio.]
Lot 13, a distance of 83,94 feet to a point of curve; thence
along said curve to the right an arc distance of 68.56 feet,
said curve has a central arqle of 81 degrees 49 '58", a
tangent length of 4l.60 feet and a radius of 48.00 feet and
\otiose chord bears N 49 degrees 11 '33" W a distance of 62,88
feet; thence 89 degrees 53'27" Ea distance of 16.26 feet to
the point of beginning; all in the Cl:,\Ilty of Arapahoe, r;tate
of Colorado, containing 3,580 square feet (0.0822 acre&)
more or less.
'Ille form o f the e a sanent s hall be as found in Exh i bit B hereto.
Section 4. 'Ibis vacation ordinance s ha ll becane effective to
vacate said property lotie n the Mayor and ex officio City Cler k-
Treasurer execute a copy hereof and d e liver to S,l\FElolAY Sl'ORES,
INCORPORATED .
lntroducoo , read in full, and passed on first reading on the
21st d ay of Ma y , 1984.
Published as a Bill for an Ordina nce on the 23rd d a y of May,
19 84 .
!Ead by title and passed on final reading on the 4th day of
June , 1984.
Published by title as Ord inance No • .s;f{_Q_, Series of 1984 , on
the 6th day of Jun'?, 1984.
At test :
~-1 ~ /. ~ oLc<--' offlcCi ty~:frea surer
I, Gary R. Higbee, ex o fficio City Clerk-Treasure r of the City
of Englewood , Colorado, hereby certify that the above and foregoing
is a true, accurate and canplete copy of the Ordinance passoo on
final reading and published by title as Ordinance It>.~, Series
of 1984. '
GRl\m' OF UTILITY EIISEMENI'
'll-llS GRANT o f a u tility easement (th is "G rant") is made this
d ay of-~-..--.--:---' 1984 by SAFD-ll\Y S'fORE.S,
IOCORPORATED, a Maryland Corporat i on, ("Grantor") ..tiose address is
No. 5 Parke r Place , 2600 Parker load, SUi te 250, l\urora , CXl 80014,
in favor of the CITY c,p ENGLEWOOD , COLORAOO, ("Grantee") ..tio~e
address is 3400 South El~ti Street, Engle~:xl, CO 80110 ;
'nie p a rties covenant and agree as follows :
1. Easement Prol,"'rty. 'nie "Easement Property" shall mean the
real property located in the County o f Ar apahoe , State of Colorado,
mor e, particularly d escribed as follows:
I\ parcel o f r e al property located in Block 3, Birch's
/\dd ition to South Broadway Heights, Second Filing, and in a
portion of vacated south Grant Street ad joining said Block
3 , Arapahoe County , Colorado , more part icularly described
as f ollows:
1\11 of Lo t 12 and the North 5 feet of Lot 13 together
with all of t hat par t of the vacated a lley lying East of
Lot 12 and the North 5 feet o f Lo t 13, and the North 20
feet of Lot 39 together with t.'le West 50 feet of vacated
Gr a nt Street lying East of the No rth 20 feet of Lot 39, and
the West 20 feet of Lo ts 13 through 21 , inclusive , and the
North 10 f eet of the West 20 fee t of Lot 22.
I\. South Grant Street:
'n,at portion of vacated South Grant street ;.hich is
adjacent t o the west side o f Lo t 12 through Lot 16, Block
4, Birch's /\ddition t o South Broadway Heights, Second
Filing, and adjacent t o the east side of Lo 'c 35 through Lot
39 , Block 3, s aid south Broadway Heights.
B. south Grant Str eet/South Log an Street alley:
'!hat portion of. vacated Grant/Logan alley ;tiich is adjacent
to the east side of Lo t 12 through Lo t 18 and adjacent to
the west side of Lot 33 through Lot 39 , Block 4, Birches
/\ddition to South Br oadway Heights , Second Filing .
2 . Consid eration. /\s consideration for this Grant , Grantee
has paid Grantor the Sllll o f Ole D:>ll ar ($1.00) and other good and
val ua ble consideration, the receipt of which i s hereby a cknowledged
by Gr an tor.
Exhibit A
I
3. ~ant of Utilit~F.asenent. Granter hereby grant s to
<?,rantee , its successors a ass1gns , a perpetual , nonexclusive
,:assnent (the "U tility Eassnent") over, under, across and throlJ:!h
•:he Eassnent Property for the purpose of constrocting, operating,
maintaining , repa iring , replacing , rsnoving and enlarging the "Lines
and Appurtenances", as hereinafter d ef i ne:l . 'nle "Li nes and
l\ppurtenances" s hall mea n one o r more utility pipelines and · all
necessary underground and sur face appurtenances thereto necessary ot
desirable for t he transmission of water, sewer , electrical impulses
or othe r ut ilities , incllJJing , but not limitecl to , ma ins , conduits ,
vaults , ventilators , electr ic or other control systens , c ables,
wires and connect ions .
4. Access . Grantee shall have the perpetual, nonexclusive
right of ingress and egress in , to, over , throlJ:!h and across the
Eassnent Property for any purpose necessary or des irable for the
full enjo~ent o f the rights granted to Grantee unde r thi s Grant .
5. Restoration . Grantee agrees that after the cons troction,
mainte nance, repai r , replacenent , or enlarganent of any o f the Li nes
and l\ppur tenances , Grantee shall restore the surface o f t he Easement
Property as nearly as reasonably possi ble to the grade and condition
it wa s in imne:Ha tely prior to s aid construc tion , ma intenance ,
repa i r, replacanent , or enlarganent , except as may be necessary t o
acc0tmoda t e the Lines and l\ppurtenances. Grantee agrees to restore
and repai r any impr ovsnents o f Granter on the Easenent Property
which are d=aged , modif ied or altered by Gr antee during said
construct ion , maintenanc e , repai r , replacement or enlargane nt.
Gra ntee further agrees t o r eplace any tof6oi 1 rsnoved fran any
cultivated or agricultural areas on the Easenent Property and to
IBTI OVe any ex cess earth resulting fran said constru::tion,
mai nte nance , repai::, r eplacanent or enlarganent, at Gr antee 's sole
cost and expense .
6 . No Improvsne nts . Gran t or covena nts and ag rees not to
constroct, erec t, place or pl an any '1 Impr ova-.. e nts11
, as here inafter
de fined , on th,, Easenent Pr operty wi thout obtaining the prior
wr itt en consent of Gr antee . "lmpr ovan ents " shall mean any stnrture
or building . Grantee shall have the right t o renove, wi thout any
liabi lity to Granter , any improvenents constr ucted, e rected , placed
or planted on the Ea sement Proper ty wi • ,t Gran tee 's having
obtained t he prior written consent of \..J.i..1n tor .
7. &lb j acent and Lateral &lpport. Gra nte r covenants and
ag r ees lhat Grantee shall have the right of subjacent and lateral
s uppc,. ·. on the Easenen t Property t o whatever ex tent is necessary or
desi rable for the full , canplete and undisturbed enjo~ent of the
rights granted t o Grantee under t his Grant.
8. Rig hts o f Granter . Grantor rese rves the full right to the
undisturbed ownership , use , and occupancy of t he Eassnent Property
insofar a s s a id o;ne rship, use, and occupanc y is consistent with and
does not impair the rights granted t o Grantee in this Gra nt.
9. Abandorrnent. In the event that Grantee shall abandon the
rights g ranted to 1t under this Grant, all right, title and interest
hereunder of Grantee shall cease and teoninate, and Gran tor shall
hold Easement Prnps,rty, as the sam e may then be, free fran the
rights of Grantee so abandoned and shall own all materials er.J
structures of Grantee so abandoned, provided that Grantee shall have
a reasonable period of time after said abandorrnent in which to
remove any or all Lines and Appurtenances fran the Easement
Property. In the event that Easement is abandoned by Grantee,
Grantor shall have the right, at its sol e option, to require Grantee
to remove or neutralize any improvenents constructe ~ in the Easenent
by Gra ntee .
10. warranty of Title . Gran tor warrant s and represents that
Granter is the fee s1JTiple own er of the Easement Property and tha t
Gran ter has full right, title a nd authority, that this Grant is
effective to grant and convey to Grantee the Utility Line Easement,
and that this Grant of an easement is superior to all other grants.
Granter further covenants a nd agrees to indernni fy , d e fend and hold
Gr a ntee harmless fran and against any adver sP claim to the title of
the Easeme nt Property by all and every person or persons lawfully
claiming or to claim the whole or any part thereof.
11. Binding Effect. This Grant s ha ll extend to and be
bind.inc;, upon the he irs, personal represe ntati ves , successors and
assigns o f the respective parties hereto . Th e teons , covenants ,
agreenents and conditions in this Grant shall be construed as
covenants running WJ. .. ;, the land .
IN WITNESS WHEREOF , the parties hereto have executed this
Grant of Utility Easement t he day and year first above written.
Atte st:
STATE OF COLDRl\!XJ
CXJUNTY OF
GRANTO R:
ss.
Acknowledged before me this day of ______ , 19
aS ililCl --------------------------
Mi' Ccmnission e xpires : Notary Public
Ad d ress :
Attest:
srATE OF COLORAOO
cnJNTY OF ARAPAHOE
ss.
~EE:
Title:
~knowledged before me this ___ day of _____ , 19
by __________ as am ___________ as _______________ _
Hy ccmnission expires:
Notary l'llbllc
hldress:
GRAITT OF EASEMENJ'
'lll!S GRAN!' of alley eas enent (this "G rant") is made this
___ day o f _______ , 198 by
("Gr a-:-n"'"t-or..,1"'1 ),...,.wh=o-=s-=-e-add="r=-=ec::sc::s-,-1 "s
------------------, in t.avor o f
the CITY OF EN:iL&IOOD, COLORAOO , ("Grantee") whos e address is 3400
S. El at i, Englewood, CO 80110 .
'!he par t ies c ovenant a nd agree as follows:
l. Easanent Proeerty . '!he "Easene nt Pr operty" shall nvaan the
r ea l property l ocated in t he Coun ty of Ara p ahoe , State o f Colorado ,
more particularly d e s cribed as :
A portion of Lots 1 , 12 and 13 , Block 4, in Birch 's hldi tion
to south Broadway Heights , be i ng the Second Filing , t ogether
wi th a part of vacated south Grant St r ee t and a part o f the
vacated alley which is located east of s aid Lots 12 and 13 ,
mor e part icul ar ly described a ::; follows:
Beginning at a point on the North line of said Lo t 12 extended
west which is 22 feet we st of the Northwe st corner of said Lot
12 ; thence o n a curve concave to the Northea st an arc distance
of 4 3 .33 feet and whose l ong chord bears S 51 deg rees 19'04" E
a distance of 40 .10 feet t o a point t hat is 9 .25 feet Ea s t o f
the Northwest corner of s aid Lot 13 and lies on the North line
of s aid Lot 13 , s a id curve has a central ang le of 77 degrees
34'58", a tange nt l ength of 25.72 feet and a r adiu s of 32 .00
feet; thence S 89 degrees 53'27" E along the Nor t h line of
said Lot 13 a distance of 83.99 f eet; thence a long a curve to
the left an arc distance of 50 .08 f eet t o a point on the Ea gt
li ne of said Lot 11, said point also being on the West line of
said alley, said c urve has a central angle o f 89 degrees
39 '36", a t angent l ength of 31.81 feet , a radius of 32 .00 f eet
and wh ose chord bears N 45 deg r ees 16 '43" E a distance of
45 .12 feet; thence S 89 degrees 34 '05 " Ea distance of 16 feet
to the East 1 ine of s a id alley; t hence along a curve conca ve
to the Northwest an arc distance of 75 .12 feet and whose long
chord bears s 45 degrees 16'34" w a distance of 67.68 feet t o
a point that is 16 feet south of the North line of said Lot
13 ; s aid curve has a central angle of 89 degrees 39'58", a
tangent l ength o f 47 . 72 fee t and a r adi us o f 48.00 f eet ;
thence N 89 degrees 53 '27 " Wand par allel with the North line
of said Lot 13, a distance of 83.94 f eet to a point of curve ;
thence along said c urve to t he rig ht a n arc di stance of 68.56
f eet , s aid curve has a central angle of 8 1 degrees 49'58", a
tangent length of 41. 60 fee t and a r adi us of 48 . 00 feet and
wh ose c hord bears N 49 deg rees 11 '33 " W a distance of 62 . 88
feet; thence 89 degrees 53'27" Ea d istance o f 16.26 feet to
the point of beginning ; all in t he County o f Arapahoe , State
of Colorado, c onta ining 3 ,58 0 square f eet (0.08 22 a c res) more
or less .
Ex hibit B
I
2. Conside ration. 11s consideration for thi s Gran t, Grantee
shall pay to Granter the sun of oie Dollar ($LOO) and other good
and valuable consideration pa id by Grantee, receipt of which is
hereby acknowledged by Granter .
3. Gran t o f Easenent. Granter hereby grants to Grantee , its
successor s and assigns , and all public utilities or those with
proper l icense or franch i se , a perpetua l, none xclus ive e asement (the
"Alley Easement") over , unde r, acros s and through the Eas ement
Property for the purpose of cons t ructing , o perat i ng , mai ntain ing,
re pa iring, replacing , renoving and enlarg i ng those structures o r
impr ovenents of Grantee that Grantee find s necessary or de sirable
for r .,t.Jic ut ili ty purposes, inc lw ing , b ut not lim i t ed t o ,
elec t rical equipnent , telephone equ ipnent , cannunication equipnent,
se...,r equipnent, water equ i pn ent, and for public right of way and
alley purposes.
4. l\ccess. Grantee shall have the perpetual , nonex clusive
right of ingress and egre ss in, to, over , throlJ'lh and a cross the
Easenent Property for any purpose necessary or d esir able for the
full enjoi,,nent of t he rights grant ed to Gr antee under t his Grant.
5. Subjacent and Later~!:._~. Gr a nter covena nts aro
agrees that antee shall hi!·,e t he right of subj ace nt and latera l
support on the Easat1 en t Property to wh atever ex tent is necessary or
desi rable for the full , canplete and und i sturbed enj oi,,nent of t he
rights granted t o Grantee under this grant .
6 . Righ ts of Granter. Granter reserves t he full right to the
undisturbed ownership , use , and occupancy o f the Easenent Pr operty
insofar as said own e rship, us e , and occ :?,a ncy is consistent wi th aOO
d oes not impair the rights granted t o G..antee in th is Gr ant.
7. No lmprovenent s . Gran tor covenants and ag r ees no t t o
cons t ruct , erect , pl ace o r plan any "Im provernents,11 as hereinafte r
defined , on the Easenent Property without obtaining the prior
written cons e nt of Gr an t ee . "lm pr ovenents11 s hal l mean any structure
or building . Grantee shall have the right t o renove , wi t hout any
liability to Granter, any impr ovements constructed , erecled, placed
or planted on the Easenent Pr operty without Gr a ntee 's having
obtai ned the prior written consent of Granter.
8. Warran ty of Title . Gr anter warrants and r epre sents that
Granter is the fee simple own e r of the Easenent Proper t y and that
Granter has full right , title and authority , and that thi£ Grant is
effective to grant aro convey to Grantee the Alley F.aseme nt.
Granter further covenants and agrees t o indemnify , defend aro hold
Grantee harm less fran and against any adverse claim to the title of
the Easenent Property by all and every person or persons l awfully
claimi ng or t o claim the wh ole or any part thereof.
l
9. Binding Effect. '!his Grant shall extend to and be
binding upon the hells, personal representatives, successors and
assigns of the respective par ties hereto. '!he teons, covenants,
agreements and conditions in this Grant shall be construed as
covenants running with the land.
IN WITNESS WHEREOF, the parties her,ato have executed this
Alley Easanent the day and year first above written.
Atte st:
Title:
Attest:
Gary R. Higbee
ex officio City Clerk-Treas urer
srATE OF COLORAOO
ClXJNTY OF ARAPAHOE
ss .
GRANl'OR:
By ________ _
Title:
GRANl'EE:
CITY OF ENGLEl-1000, COLORAOO
By-~----~---E)Jgene L. Otis , Mayor
'!he foregoing instrunent was acknowledged before me this
d ay o f _____ , 1984 by.--~~-~----------as
-as-:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:__ana __ at~~sted to by __________ _
Witness my hand and official seal.
My Camlission expires:
3
Notar y Public
Address: I
STATE CF COLORAOO
cnJNTY OF ARAPAHOE
ss.
The foregoing instninent was acknowledged before me this
day -----• 19 by rugene L. otis as Mayor and Gary R.--
Hig d S ex offici o Clty Clerk-Treasurer of the City of Englewood,
Colorado.
Witness my hand and official seal.
My cam,ission expires:
Notary Public
3400 S. Elati
Englewood, CO 80110