HomeMy WebLinkAbout1985 Ordinance No. 063ORDlNA~E 00. C , ~-
SERJES OF 198_5_
e, I\U1'HORI'rY
COUOCIL BILL NO . 67
INTRODUCED BY COUNC IL
MEMBER BILD
/IN ORDINI\OCE I\PPROVING /IN EASEMl:N'I' FOH THE ENCROAC HM l:Nl' OF II
PORTION OF I\ M/\SONRY BUILDING /\'r EAS'c N!ISSI\U /\VENUE /IND BR0/\1:MIIY ,
3998 SOlJrH llROI\IJIII\Y ,
WHERE/IS , the south wall of am sonry building at 3998 South
Broadway in the City of E}lglewood , COiorado , legally descr i bed as
LOt 24 , Bl o.::k 8 , South Broadway Heights , .~rapahoe county , was
constructed one foot beyon;l the south property line , encroaching in
t he public right -of-way ; and
WHER E/IS , there is no practica l way or renov ing the encroach-
ing portior of the wall without causing the property owner to go to
considerabl e e xpense arrl inconvenieoce ; and
WHElffAS , the encroachnent was not note.1 by the City inspec-
tors at the time the construction was taking place ; and
WHERE.l\S , by the grant of an easement , t'-\e mr1tte r will be
sctt led to the satisfact ion of all parties corcerned ;
NOW , THEHEFORE, OE J'r ORDIIINED BY TIIF. C ITY COUOCIL OF THE
CITY Of ENG1,EWOO!l , COLORIIOO , t'lat :
&..-x:tion 1. Thee i s he reby approveJ an exc lusive easenent
over andacross that portion of East Nas&JU /\v e nue directly south
of LO t 24 , Block 8 , Broadway Hei~hts , Arapahoe county , Colorado , to
acc aninocl a t e the encrodchnent a( that p::,rtion of the exist ing
bu i !<ling known as 3998 South Broadway wh ich is located upon the
wi t ,in Soid e asement . /\ c opy of said easement is attached hereto
all-J i n:orpcHJted herein by r~E ~renc e .
sec Lion 2 . Tne M:lyor and ex o(E 1c io City Clerk-Treasurer are
hereby .J uthOifZed o sign and atte st , res~cL i vely , said easenent
fo r an:1 on behalf o f the City Coundl and the City of En,Jl.awoo:l .
lntt o luced , re aJ in [ tl , and pas:;.JJ on Eirsl reading on the
7th day of O::Lober , 1985 .
Published as a Bill for an Ordinance on the 9th day of
October , 1985 .
Read by title and passed on fi na l reading on the 21st day of.
October , 1985 .
Published by title as Or dina nce No . 0 , serie s of 19 85 , on
the 23rd day of October , 1985 .
Attest :
/. )~//~ ~ offlc~ty Cl erl<LTreasurer
,,f::" .. fc-Jt; ~ Oti s , Mayor
1, Gary R. Higbee , e x officio City Clerk-Treasurer of the
City of El1g lewood , Colorado , hereby certify that the above and
foregoing is a true , accurate and canplete copy of the Ordinance
passed on final read ing and published by titl e as Ordinance
No . L.3._, series of 1985.
I
EAS EM EN'l' AGRE El'1f.Nr
·rHJ S AGREEl~EN'l', male t h ,s day of , 1985 by
and between the Cl 'l'Y OF ENGL l'l'IOOD,COUJR/\00 , a munic[pal
cor f.X)r at i on , he r e inafter r e f e rred to as "Ci t y ," arx1 OONA [J) D.
RI P~'EN, he reinafter refer rOO to as "Gr antee , 11 the owne r of cer ta in
r eal property legally descr i bed as Lots 23 and 24 , Block 8 ,
Broadway He ights , coun ty of Ar apahoe , State of CO l o r ado , also known
as 3998 So uth Broadwa y .
WH EREAS , the above described property has upon it a one-s tor y
masonry bu ilding l<kl ich does no w and has since 1977 encroached upon
property belonging t o the Ci t y , specifically the de:licated right-
of-way known as East Nassau Avenue as descr i bed on the attached
survey dated Septenber 13, 1985 by CO l o r ado Eng i nee ring & &irvey i ng
Inc .; ,::md
WHEREAS , the parties to this Agreenent desire t o forego legal
proceedings to qui et title to said encroadrnent ;
NO,/, 'IH ERP.FORE , the part i es agree as follows :
l. 'the City he r eby grants to Gr antee , his heirs , succe ssors
a1\J ,1ssigns , an exclusive ea senent ove r and across that p:>rtion of
East Nassau Avenue directly south of Lot 24 , Block 8 , Broadway
He ig hts , Ar apahoe county , COlo r ado , t o accolVOOdate the encroachnent
o [ the e xist i ng bui l ding known as 3998 S . Broadway upon the
d icated right-of-way of Eas t Nassau Av e nue , legally described
as :
lle<Ji nn ing at the Southwesterly corner of Lot
24 , Block 8 , South Broadway Heights , county of
Arapa hoe , State of COlorado ; thence Easte rly and
along the Sou her ly line of said Lot 24 , 61. 76 feet
to the face of the existing building , said point
being the true Point o[ Beginning ; thence Southerly
aod alOT1lJ the i-J2sterly face of sairl exist ing
building 0 .99 feet to the Sou t herly face of said
e xisting bui lding ; the nce Easte rl y and along the
Souther ly face of sai<l exi stiny buildi ng , 30. 72
feet to the Easte rly (ac-, of saitl existing
building ; t hence Northerly and along the Easterly
face of sa id existing builrling l.02 feet t o a point
rm tile Southerly line o( said Lot 24 ; thence
Wester l y and along the Southerly line of said Lo t
24 , 30 .72 feet to the '!'rue Poi n t of Beginning ,
County of Arapahoe , St<>te of Colorado .
2. The wi tl1in easanent sha l l en..J ur e for so long as the
existing building and /or the south wall ti reof r em a i n l ocated
wi thin the said easeme,nt . Should that portion of the bui !ding ever
be damaga:l, ranodela:l , or ranova:l , the easement shall be terminated
and no longe r shall Grantee use said easanent ; a nd Grantee shall
conv e y easanent to t he City by quit claim deed .
3 . Grantee shall main tain insurance coverage sufficient to
satisfy a ny lia bility arising as a result of this easanent , and the
City shall be held harmless fran any and all liabilities arising
fran this action.
4. '!hi s Agreenent shall inure to the benef it of a nd be
binding upon the heirs , executors , attninistrators , successors arrl
ass ig ns o f the r espect i ve parties hereto.
5 . '!his Agr eement s hall be void upon use of the above
describa:l property witho ut canpliance with the regu i ranents of
Co uncil Bill NO . 50.1 , Series of 1985 , as i f said reguiranents were
effective on October 7 , 1985 .
IN WITNES S WHEREOF , the P3rties have hereunto set their ha nds
ant.l seals as of t l1P day and year first above wri tte n.
/It test :
exciff 1cw -Clty Cl erk-Treasur er
sr11·rP, OE' COLORADO
COUN'r Y OF ARIIPAHOE
55 .
CIT Y OF ENGL~OOO , CO LORAOO
By~~-~~~~~--Eugene L . Otis , Mayor
GRIINTEE :
Donald D. Rippen
Ackno1<la:lga:l before me by Eug e ne L . Oti s as Mayo r and Gary R.
Hig bee as ex o f ficio City Clerk-Treasurer of the City of Eng lewood ,
Colorado , th is day of _____ , 1985 .
My ca1missio11 exp ires :
Notary Publ rc---
3400 s . El a ti , Englewood , CO
STA TE OF COLORAOO
COUNTY OF IIRAP/\HOE
ss .
Acknowle:lged befor e me by Donald D. Ri pp,an this
______ , 1985 .
My Com1iss i o n ex pires : Notary Publ I C
Mdre ss:
day of