HomeMy WebLinkAbout1988 Ordinance No. 030I
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ORDINANCE NO • ..JC
SERI ES OF 1988--
BY AUTIIOR ITY
COUNCIL BILL NO. 30
INTRODUCFD BY COUNCIL
MEMBER HATIW'JAY
AN ORDINANCE VACAT ING A SEWER EASEMENT AND ACCEPTING A NEW f3EWER EASEMENT IN
GIR!\RD P LACE SUBDIVISION (OLD KING SCX)PERS SITE) IN THE C ITY' OF ENGLE.WX)[),
COUNTY OF ARAPAHOE , STATE OF COLOR,'\DO .
\\,:::REAS , b'"le storm sew2r line s within Girard Pl ace Subdivision (Known as
the Ol d King Soo!;)er s s i t e ) require rel ocation because o f the razing of the o ld
bci ldings 311 d pr opos ed cons'.:ruction o f ne-,.; buildings ; and
t·l!"!F.RS'w , bec a use of t h i s , the Planning Md Zoning Cornni s sion at their
Aucru st 2 , 1 988 rree t ing unde r Case No . 11-88, recorrrrended to Ci ty Council that
the old s t oIT'l s ewer lines be vac a t e d ; and
1-IHEREAS, under Case No . 12-88, the Planning and Zoning Ccmnission, also
a t their Augus t 2, 1988 meeting , recGmnended to City Council that new
easerrents be dedicated for the new sewer l i nes , c onstn1cted t o acccrrm:xiate the
weight of t he building and a c ces s to mainta i n the lines in Gir ard Place
S,.!bci v isio n ;
NCM , THEREFOFE, BE I T ORDAillED BY THE CITY COUNCIL OF THE CITY OF
ENGT..ENX)I), COLORADO , T Hl\T :
Section 1. '!he following described sewer line easarents in Girard
Place Subdivision, Ci t y of Englewood, County of Arapahoe, State of Colorado,
be v2.c a ted :
Storm Sewe r No . 2 (Book 1807, Page 701). Beginning at a point which
is the inter section of the North line o f McKinley's Subdivision with
the We s t r ight o f way line of South Cherokee Street; thence Westerly
a l o ng the No rth l ine o f s a i d Subdivis i on a di.s tance of 111.0 feet to
a point wh i c h i s the true point of beginni ng ; thence Northerly an
ang le t o the right o f 90° 00' 00 " a dis tanc e o f 1 6 .0 feet to a
point ; thenc e vles t e rly an angl e to the l eft o f 90° 00' 00" along a
l ine parallel t o and 16 .0 f eet No rtherly o f the North line of said
Subdivision a di!=tanc e o f 208.00 feet to a point (such point being
~e point of interse c tion with a City of En g lewood storm sewer line
n mn · ng f r om the South) ; thence c ontinuing West e rly along the sane
course a dis tanc e of 12 5.0 feet to a po i nt ; thence Northerly an
.3ngle to the r i <Jht of 90° 00' 00 " a dis t ance o f 40 8 .0 feet to a
:oo int whe r e t he l ine i nt e :;:-sects •.,ith the Li ttle Dry Creek Diversion
Con dui t .
Sto:r:m sewer 'o . 3 . Beg i nning a t a c a t c h bas in located at the NW
corner o f U1e i ntersecti o n of South Delaware Street and West Floyd
Avenue ; thence Southwe ste rly a dis t anc e of 1 95 .0 f eet to a point of
intersectio n with Lit tle Dry Cr eek Diver s i o n conduit at a point on
the Northeast e r ly side of said c onduit opposite the junction of said
( :mduit with the above described Storm Sewer No . 2.
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Section 2 . Jl.n easement: be o btained from Linea r, prese nt own e r o f the
Old King Soopers site , f.or the r e loca t e d sewer line s in Girard Pl a c e
Subdivisi o n leqal l y descri hed ns :
l\n easement 20 .00 feet wide , l y i ng e ntirel y within Lot 1, Block 1,
Girard Pla c e Subdiv i s i on ( as r ecc,r de d i n Plat Bock 94 a t page 18,
Ar a p ahoe Coun ty Rec ords ), rrore particularl y desc ribed a s a strip of
land 10 .00 feet each s ide of the f o llowi ng desc ribed centerline:
Beginn ing a t a point e n the South line of Lot 1, Block 1, Girard
Place Subdiv i s ion, f rom ·,..,t1ich point the SE corne r of said Lot 1
bears S 8 9° 50 ' 22 " r: a di stance of 452.0 feet; thence N oO 50' w a
distanc e o f 1 26.0 feet; thence N 820 50' E a distance of 181.0 feet;
thence N 38° 05' Ea dis tance of 37.0 feet to the POINT OF TERMINUS,
fran which point the aforesa id SE corne r of Lot 1 bears S 54o 33' E
a distance o f 308.6 feet, containing 6,880 square feet, m::>re or
l e ss.
Also
An easement 5.00 feet wide along the North side of Lot 1, Block 1,
Girard Place Subdivision (as recorded in Plat Bock 94 at page 18,
Arapahoe County Records) 1tore particularly described as a strip of
land l y ing South and Southerly of the following described line:
Ccrnnencing a t the N\1 corner cf the SE 1 / 4 of the S\'1 1/ 4 of section
34, Town s hip 4 South , Range 68 West of the 6th P .!·!. ; thence S 75°
38' 44" w a distance of 291.84 feet to the Easterly point of
curvature c f the curve at the NW c o rner of Lot 1, Block 1, Girard
Place Subdivsion; thence S 89° 46' 32" E along the North line of
said Lot 1 a distance of 67.79 feet to the TruE Point of Beginning;
thence s 890 46' 32" F.. continuing along said North line a distance
o f 66.78 feet to a point o f curvature; thence along the arc of a
curve c o nca ve t o the south, s a id curve having a radius of 334.00
feet, a central angle of 13° 35' 23" and a chord bem:-ing S 82° 58'
50" E with chord length 79.03 feet, a distance of 79.22 feet to the
Po i nt of Terminus, containing 727 square feet, 1tore or less.
section 3. The easarents de scribed in Section 1 hereof shall not be
::inally vacated until deli very o f the new e a sements described in Section 2.
Introduced, read .i.>i full and pa ssed on firs t reading on the 12th day of
September, 1988 .
Published as a Bi ll for an Ordinance on the 14th day o f September, 1988.
Re ad by t i tle and passed o n final reading on the 3rd day of October,
1 988 .
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Published hy titlP. as Ordinance No. ,if!_, Series of 1988, on the 5th day
of October, 1988.
AU'fst:
,•I it l(_; l .
Patricia H. CrCM, City Clerk
I, Patricia H. crCM, City Clerk for the City of Englewood, Colorado,
hereby certify the above and foregoing ia, a true copy of the Ordinance passed
on final reading and published by title as Ordinance No • .,;!E__, Series of 1988.
4 -c C c Cl :/ 6 e'...: '
Patricia H. crCM
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VJ\CATION OF SEWERLINE F.ASEMENl'S
AND
GRANT OF NEW FJ\SEMENl'S
THIS VACATION AND GRANT OF EASEMENTS, made this day of
----~-• 1988, is between the CITY OF ENGLEHJGD, a Colorado nrunicipal
corporation, 3400 s. Elati Street, Englewood, Colorado, (City), and LINCOR
PROPERTIES OF COLORADO, INC., a Colorado corporation. 602§ s. Quebec Street,
Suite 21 0 , Englewood, ColoraCD 80111 (Linear).
WHEREAS, Linea r has purchased the real property bounded by S. Elati
Street, s. Cherokee Street, W. r"loyd Ave., and w. Girard Ave., forrrerly the
~ld Ki ng Soopers site ; and
WHEREAS, beca,se of the razing of the old buildings on said property and
planned new construction, the old sewerline easements nust be vacated and new
se\-.-erline e a serrents granted;
!~, THEREFORE, the parties hereto covenant and agree as follows:
1. The City hereby vacates the following described sewer easements in
Girard Place SUbdiv ision, City of Englewood, County of Arapahoe, State of
Colorado:
Storm Sewer No. 2 (Book 1807, page 701). Beginning at a point which
is the intersection of the North line of McKinley's Subdivision with
the West right-of-way line of South Cherokee Street; thence Westerly
along the North line of said SUbdivision a distance of 111.0 feet to
a point which is the true point of beginning; thence Northerly an
angle to the right of 90° 00' 00" a distance of 16.0 feet to a
point; thence Westerly an angle to the left of 900 00' 00" along a
line parallel to and 16.0 feet Northerly of the North line of said
SUbdivision a distance of 208.00 feet to a point (such point being
the JX)int of intersection with a City of Englewood stonn sewer line
running fran the South); thence continuing Westerly along the same
course a CJ.stance of 125.0 feet to a point; thence Northerly an
angle to the right of 90° 00' 00" a distance of 408.0 feet to a
point where the line intersects with the Little Dry creek Diversion
Conduit.
Storm Sewer No. 3. Beginning at a catch basin located at the NW
corner of the intersection of south Delaware Street and West Floyd
Avenue; thence Southwesterly a distance of 195.0 feet to a point of
intersection with Little Dry Creek Diversion conduit at a point on
t.l1e Northeasterly side of said conduit opposite the junction of said
conduit with the above described Storm Sewer No. 2.
2. In return for vacating the above described easements, Linear hereby
grants to the City of Englewood, its successors and assigns, a perpetual,
nonexclusive easerent over, under, across and through the easement property
for the new sewer easenents f or relocated sewer lines (box conduit) for the
!?urpose of constructing, O!)erating, maintaining, repairing, replacing,
removing and en ],u-ging the box conduit in Girard Plact'i SUbdivision, City of
Englewood, county of Arapahoe, State of Colorado, and legally described as
follows:
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And
(a) An easement 20 feet wide, lying entirely within Lot 1, Blcx:k 1,
Girard Plnce Subdivision (as recorded in Plat Book 94 at page 18,
Arapahoe County Records), rrore particularly described as a strip of
land 10.00 feet each side of the foll.owing described centerline:
Beginning a t a point on the South line of Lot 1, Block 1,
Girard Place Subdivision, fran which point the SE corner of said
Lot 1 bears s 89° 50' 22" Ea distance of 452.0 feet; thence N 00
50' W a distance of 126.0 feet; thence N 82° 50' E a distance 181.0
feet; thence N 38 ° 05' Ea distance of 37.0 feet to the POINT OF
TERMINUS, from whi,::h point the aforesaid SE corner of Lot 1 bears s
54° 33' Ea distari ce of 30 8 .6 feet, containing 6,880 square feet,
rrore or l e s s .
An easement 5.00 feet wide along the North side of Lot 1, Blcx:k 1,
Girard Place Subdivision (as recorded in Plat Book 94 at page 18,
Arapahoe County Records) irore particularly described as a strip of
land lying South and Southerly of the following described line:
Cc:mrencing at the NW corner of the SE 1/4 of the :;~ 1/4 of
Section 34, Township 4 South, Range 68 west of the 6th .• M.; thence
S 75° 38' 44" W a distar.ce of 291.84 feet to the Easterly point of
curvature of the curve at the NW corner of Lot 1, Blcx:k 1, Girard
Place Subdivision; thence S 89° 46' 32 11 E along the North line of
said Lot 1 a distance of 67.79 feet to the True Point of Beginning;
thence S 89° 46' 32 11 E continuing along said North line a distance
of 66.78 feet to a point of curvature; thence along the arc of a
curve concave to the South, said curve having a radius of 334.00
feet, a central angle of 13° 35' 23 11 and a c hord bearing S 820 58'
50" E with chord length 79.03 feet, a dista ~e of 79.22 feet to the
Point of Tenninus, containing 727 square feet rrore or less.
3. City shall have the right of subjacent and lateral st'IW)rt on the
nbove described easement property to whatever extent is necessary or desirable
for the full, cacplete and undisturbed rights granted by Linear.
4. Linear reserves the full right to the undisturbed ownership, use,
and occupancy of the easeirent property insofar as said ownership, use, and
occupancy is consistent wit.ti and d:Jes not iJtt)air the rights granted to City in
this Grant.
5. In the event that City shall abandon the rights granted to it under
this Grant, all right, title and interest hereunder of City shall cease and
tenninate, and Linear shall hold the easement property, as the same may then
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be, free from the rights of City so abandoned and shall own all materials and I
structures of City so abandoned, provided that City shall have a reasonable
period of tirne after said abandonment in which to rerrove any or all lines and
a ppurtenances from the easement property. In the event that the easeme1,ts are
abandoned by City, Linear shall have the right, at its sole option, to require
City to rem:,ve or neutralize any irrprovements constructed in the easement by
City.
6. Lincor warrants and represents that it is the fee s:iJrple owner of
the easement property and that it has full right, tit;tF,-cl,"'" ;.,.•i t-llority, and
that this Grant is effective to grant and <-"Orwey t:., ('·. , .. f tli\' i:fJ 1c:hin described
easement. Lincor further covenants and agrees to i•,t'i·~-,,~ ··• ,;ic fend and hold
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City hannless fran and against any adverse claim to the title of the easement
property by a ll and every person or person s lawfully claiming or to claim the
whole or any part thereof .
7. Th is Grant shall e>..tend to and be binding upon the successors and
assigns of the respective parties hereto . Tue tenns, covenants, agreements
a n d c o nditions jn t his Grant shall be construec' as covenant•; running with the
land.
Ill NI'INESS \·l!-IERIDF, the parties hereto have executed this Vacation and
Grant of Sewer Line Easerrents as o f the day and year first above written.
Attest:
Attest:
CITY OF~
a Co l orado municipal corporation
By -----------,,..,..----Mayor
City Clerk
secretary
LrncoR PROPERTIES OF CXJLCRADO, INC.
a Colorado corporation
By --------.....,,,----,...,,....-President
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to be dedicated ··
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Storm Sewer Ea!lemcnt ..._~
• • o Case #12-88 f • ,L~t• --<~•••au~~ ~
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'k'"Right-of-W;y to be
· Vacated Case 110-88
LOT 1
BLOCK 1
276.6~2 SQ .ft .
' "" PER OESCRIPrtON IX • ! "" to be vacate~ Case 111-88
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0 be dedicated "
Case 112-88 "" ~
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£ OF STORM SEWER EASEMCNr
PER rt:SCRIPT/ON VIII
·to be v a cated Case #11-88 "" " " " /Utili t y Easement
..... to be dedicated
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Case #1~
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: ~--:):,,.~_.:_: W. GIRARD AVENUE Right-o f -Wa y t
to be dedicated Case 013-88 \-: ~;:~(·,: 1_,:., --
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