The URL can be used to link to this page

Home My WebLink About1989 Ordinance No. 004• ORDINANCE NO. ,-,/ SERIES OF-1988---;;:j J' \' BY NJ'l1lORITY COUNCIL BILL NO. 3 lNI'ROOUCEr., BY COUNCIL MEMBER ',";IN DYKE AN OODINANCE APPROV= f ' ;'.,>.SEMlli'l' FOR 'l'IIE ENC JAC!a1!:l'(r OF A BUUDI NG AT 1655 WEST YALE AVENUE, ENGLDOJD, COLORADO, INI'O Tii;: ?•YJRT!i\'IEST E10.&')'.)D DRAINl\GE WAY. \·IHEREAS, by Resole i'.m No. 3, Se ries of 1973 , a subdivision waiver was granted to Edwards Electric and \'IIIERF.J\S, i n 19 76, a building was construc ted and the plans and permits in the Bui h •. ,-, file show the northeast corner of the structure at the property li· , ; · aJ1 d \'lh'F.REAS , the property was purchased by the Mills in 1978 and l ater listed for lease or purchase, and an offer t o purchase was sul:ruitted in O::t ober of 1988; and t;!lEREA.S , the buyer had the property s urveyed, which sun>ay s howed tlle northeast corner of the building exte nds to the north of the north property line 0.45 feet nnre or less, tapering back to property line in 5. 71 foet; and \·IHERl'.AS, ';he miall portion of property encr oaches into the right--0f-way for the Northwest Greenbelt; IOI, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 'IHE CITY OF rnGLThCXJD, COLO.'WJO, THAT: Section l. '!11ere is hereby approved an easement over and across that portion of 1655 West Yale Avenue as legally described on Attachrrent B hereto with the diagram of the encroachnent on the Attachnent A hereto . I ntroduced, read in full, and passed on first reading on the 3rd day of January, 1989. Published as a 9ill for an Ordinance on the 4th day of J 11m1ary, 1989 . Read by title ~"d passed on . final readiri9 on the 16th day _ of January, 1989. _ / Published by t i tle as Ordinanoa No. :i_, Series of 1989, on the 18th day o f January, 1989 • Patricia H. Crow, City Clerk -l - .. I, Patricia H. CI<M, City Clerk for the City of Engl~, Colorado, hereby certify the above and forego ing is a true copy of the ;<Jrdinance passed on final reading and poblished by title as Crdinance llo. ~• Series of 1989. -) . 17 Gdt tv,,/1 , ii {A 1-e✓ Patricia H. CI<M ---,GJgar n mtt--- lk,1ln1u P. O. Box 1066 Llt1l1ton, Coloredo 80160 303,973-3732 REGISTEREO PETROLEUM ENGINEER lnve1tment1 • Oil •Ji·~ ~ 120 Wt>t ?lymo11 lh Drive RH j i'1t11, • Stock, December 3, 1988 City of Englewood 3400 South Elati Street Englewood, Colorado 80110 Attention, Dorothy Romans Assistant Director of Community Development Dear Ms Romans, 1.,dtton , Colortdo 80 123 303 -973-3732 "'-!Mnv.l!ff Of GIIMMUN!n IIMl.o~Mtlff ~D. ,.,LRIAIII\ Re, Encroachment Problem 1655 W, Yale Street Englewood, Colorado This letter will explain the problem of encroachment on lands owned by the Park Department of the City of Englewood, Colorado, There is a warehouse building located at the above captioned address. It was built in 1976 by Kunz Construction Company for the CEM Company, My 11ife and I bought the building on October 27, 1978. We were furnished the building plans showing the plat of the land with the building superimposed on the plat, I inspected the site end found all four (4) corner survey pins and a visual inspection showed the building to be located properly as shown on the building plans, CZM Company occupied the building (sale-leaseback) until October 27, 1988 , and vacated sam~, ·,10 building was listed with Grubb and Ellis Realty Company for ei ~r lease or for sale, An offer to purchase was submitted tom)' :re and I and we accepted, The buyer requested that a survey of t ~e four (4) co rner pins be made to be sure that no encroachment was present. There my problem began. ~ ordered the survey as requested and the surveyor did find encroachment. City of Englewood December 3, 1988 Pege 2 The legal description of t he deeded ground is as,follows, Part of the Southea s t quarter, Southwest quarter of Section 28, Township 4 South, Range 68 West of the 6th P,M,, County of Arapaho ~. described as follows, BEGINNING at a point which is 1111. 32 feet East of and 40,00 feet North of the Southwest corner of said South- east quarter, Southwest quarter, thence East and parallel with the South line of said Section 28, 120,0 feet; thence on an angle to the left of 72 degrees 26 1nin utes 51 seconds, 139,20 feet1 thence on an angle to the left of 85 degrees 53 minutes 09 seconds, 174,34 feet1 thence on an angle to the left of Ill degrees 41 minutes 18 s econds, 197,20 feet more or less to the POI NT OF BEGINN ING, Now the encroachment occurs on the second description of an angle to the left of 72 degrees 26 minute2 51 seconds, 139,20 fe et, The Northeast corner of the building is 0,45 feet plus or minus beyond the 1)9,20 feet, and the encroachment continues to occur on t he third description of ar. angle to the lef . of 85 degrees 53 minute s 09 seconds, 174,)4 feet for 5,71 fe ~t plus or minus, All this information is shown on a surveyor's plat that is attache d herewith, The date of the survey is December!, 1988, Since the building can not be moved and does ha·,e a bi:yer providing I can furnish him with a release of encroachmer.t from the City of Englewood,! request said release for so lor.6 as the building exists. Further, there is no inconvenience to the Park De partment and t he encroachment is so minimal, I ask you please honor my reques t, If there is anything that I can do to help this request r.iove along , Kindly request samo, Very truly yours, Edg .b~'~-'",_,....'G,o.,..., .~ .:r .... I.I. I 1.1...1. - a___:_ _, ___ H.!)!.Y.!.'!..Q _____ i __ }. ____ ..:__!:f E. C ' •-•u S 10' I .., "' I -------.l''"' -------· .. : I I 1z I~ Iii, '" ,cc I I l ••••••• J l!l' •••••-•,•• ~:-:-:c:-:--:-':-'.=-:-::-:-:'-:-=-::-:-c-=--,-l-.,-:-,.-,!'~"'•C.,,.=.J lvi'---"'---1--"C,O:__.J...-".!!..._~..:!!.J..:/ ~v -w E s T --... ,,._ --. -.. ---y A L E-. L-. --" -...... , .. --' -A V E .• a II ---.. 'j - 1971332 -- • 0 g 1iooi 1100$ :\.R APAHOE COUNTY COLORAOO TOWNSIIIP SECTION 1971 QUARTER s ·Ecr10:-i -- r, \ \ ... ,. .. ,. __ \'---- Ji ntWBST OREEftBBLT EMCROACHMENT Attachllent "A" I I (f1 (,.(.IJ.':)'1 !.a!HT C ( T t I :. SKETCH SHOWI NG APPARENT ENCROCHMEMT . IG65 W. YALE STREET ATTACIIIENT I I I I. Legal Descrtptton of the proper t y at 1655 West Yale Avenue" Part of the Southeast quarter, Southwest quarter of Soctton 28, Townshtp 4 South, Range 68 West of the 6th P.M., County of Arapahol·, descrtbed as follows: BEGINNING at a potnt whtch ts 1111.32 feet East of and 40.00 fe,it North of the Southwest corner of satd Southeast quarter, Sout .. wP.st quarter, thence East and parallel wtth the Scuth ltne of said Sectton 28, 120 .0 feet; thence on an angle to the left of 72 degrees 26 minutes 51 seconds, 139 .20 feet; thence on an angle to the 1 eft of 85 degrees 53 mt nutes 09 seconds, 174 .34 feet; thence on an angle to the left of Ill degrees 41 minutes 18 ~ecr;nds, 197 .20 feet more or le~s to the POINT OF BEGINNING. II. Legal Descrtptton of the area of Encroachment. The encroachment occurs on the second description of an angle to the left of 72 degrees 26 mtnutes 51 seccnds, 139.20 feet. The Northeist corner of the butldtng ts 0.45 feet plus or mtnus beyond the 139 .20 feet, and the encroach- ment continues to occur on the third description of an angle to the left of 85 degrees 53 mt nutes 09 second i , 174 . 34 feet for 5. 71 feet pl us or mt nus. All this Information is shown on a surveyor's plat that ts attached herewith. The date of the survey ts Decem~er I, 1988 . i: i '• CERTI.FICATE OF ·SURVEY BUR0IGK ENGINEERIN_G '., COMPANY 6001 WEST IGT,_. AVE, LAKEWOOD, COLOf'4O0, 8021°4 ,HON[ Z3Z• 16tZ XALE' I " a /0::,' .J ''·. 1 lwn:I•;· .·l.!1t.i 1y th ,t llm u,:l..°O~p .. nrj1:,1 l.'.,·n i li·,•.1 L,~ 11:' !:>u i·._,,,;· :. ,) r ;,:.· r.nu-,1 n,i ... : ·u r,,t.,· ,i -!l 1w:Jti<.m or .. ri,:1,1 :;11!'\'r!}' ..:um.lu.:l ... ·•I rn ..:.,;;- ...,, u.,q• :!, 1~1h IO,:,,t l .,rJ ,rnd i,lcn tlryin,, Lhc 1:,,,1111.J,,r l t.'!: ot Ll :,1l ; ... r , , .. 11t Llw ~~E'• !a~1. ,d· :;,•,:I.io n 211,, 'rUloll\t;hip ,1 :'>11111 .h , lt,11111,· '(,11 1·,\•sr ,,I . -'I: : Lhe ldh i'l'Jll.:i~,il 1:•r l d1 ,111 , Coun t;, u( 1\r..a1,,o1 11·•ll , Sl ,1 l\,' u f ,;,,),'\;· .. .-:,,,, :/'. •: bL•i n,; tk>rt.· p.,rt i1:u l 11'1)• 1h:s,·d hc:,t ,,:,; ~IJ: ~01,:•;. ·. . ;;\>. ~;::'~';':'~;11 :·:~:~::::~;: :~;'.~:;i;:;:~?::~.::~L \l~, 7~r f ,: E~':r:!;/1 ;;:~ I ,: ·: ~~1.·::n~~ ,. ••~v ••~;!! t i 1 ~. ~: •• t ~~ :,;;b ~ 11 ~ ~ :! ;~.)~ :· ,; ~ ~;' r ,'.~~; :;? 1 .. 1 :~~,:; •• / 1 ''.:~•·~::\:;~ l' U• lhL> lt•II. \lf r 1 ;L :1 "\H", 2J4,-I II r',1u l, ;11,11•,, ,"H' l,•,,IJ, lu ::o · j ••i :.t \~t U,'t;11 ,:lin',l , .1:.J n L,,:n .rnq 1.>.~1;,n ,.n:1·c 11 , n1u~·L' ~,i.: lc •~s . (0 . ·:~;{;:'-h~L.i~r 1:.,.~::~t~; ,: .; h~ l r.:~ ~:~:.:~~/·:~:·=~.\ ::; \':.~ 1 :•/;~;··~;·;:.II~:~:=•;:.·.~; ::;;:; " :~~ r:: ,'\ I :;;',q~."11• L ~I') l~1~l' !, _i;;~ ~I :.:. n~2~~( 1 /~: ~! • !;~\~ '. :::: r~.L; i~• !i~,:~.:~t•~::, ::::••~~::\ L° •,..,l t• th1• l t'lt of 11r,"''j1 '11•1", l '.'4,)4 ft•t:t :'tli,•11,·1: ••n ,111 ... 1•Jl 1: 1.,., l:,~, h •f t cit 1 11 H,1 1 •111 ", 1(1·1.:!11 (,,,:1.,·111•J1·1.• or I,•:::;, ,.,·t/,c :•11 i 111 •.•: -'''•,1- lin11111u . ,'v11l ,..ii11inq 1.•,.J:! ,,,·r e:::, mi,r,· ~~;.!•::. ..'1 / . /;: <.,A~!v-,!1c)~,-_ 1,~h II~~•;•":: ~8~~ t:~:nt ~;,,:·:. !t~;~ :·1i~;:J:: • ,,;;\·~ :.:i DATE December 28 , 1988 INITIATED BY ACTION PROPOSED COUNCIL COMMUNICATION AGENDA ITEK 11 (b) SUBJECT Encroachment of a portion of a building at 1655 \lest Yale Avenue into the Northwest Greenbelt . The Department of Community Development Approve the encroachment of the northeast corner of the building et 1655 \lest Yale Avenue into the right-of-way for t he Northwest Greenbelt. BACKGROUND The Planning Division has been contacted by Hr. Edgar N. Hills, the former owner of the property at 1665 West Yale Avenue, relative to a very minor encroachment of the building at that address into the Northwest Englewood Drainage Way. The property is on the east side of a parcel divided by a Subdivision llaiver granted to Edwards Electric in 1973 (Resolution No. 3 , Series of 1973). It i s a trapezium• shape~ parcel and is O. 542 acres in area . The portion of the right-of •WAY on which the build!.11g encroaches was originally under the samr ownership as the subject site. It: might be 'lssumed that the contractor who built t?:~ building was not overly con• cerned with t ne absolute location becaus2 the proi>erty to the north was b "gully" and not at that time under public ownership . The building was constr,icted by Kunz Constru·ation Company ln 1976, and the plans and permits in the Building t'! le show the north, ast corner of the structure at property line. Hr . and Hrs. Hills pl.<chased the prr,perty in 19 78. Hr. Hills , who is a Pe- troleum Engineer, had made a v!.sual iti!:'f'eCtion of the corner survey pins and deter- mined that the building was locate<! on the property as shown on the building plans. Hr. and Hrs . Mills listed the property for lease or purchase in October of this year and an offer to purchase was submitted . The buyer I Ken Graeser, requested a survey of the f our cornet· tins, so Hr. Mills r e tained the services of Kenneth Fenwick to perform the work. Mt . Fenwick determined that the northeast corner of the building extends to the north of the north property line 0 .45± feet, tapering back to proper- ty line in 5 . 7l feet . After Mr . ill~' contact, the Planning Division reviewed the request with the Tech - nical Review Committee and with Leon Kuhn and Jim Kavinsky in Parks and Re c reation, and they felt the proposed procedure wo uld adequately protect the drainageway . Paul • Kapaun, tho City Surveyor, hH approved the legal ducription that wa ■ aubmitted, Staff also discussed tho procedure with the City Attorney'• staff. Tho ataff 11 of tho opinion that it would not be reasonable to require tho encroach • ing portion of the building to bo removed , In two very similar cues about throe year• ago---the 1outhwe1t corner of. Broadway and Oxford and the northeast corner of Broadway and Na11au-• -tho City Council approved tho existing encroachment of the wall of tho buildings on oac'.1 of those corners into the public right-of -way, through an ordinance granting an e r .. sement for the encroachment . The purchaser, Hr . Grae i.er, has offered to buy the property involved in tho encroachment, however, the staff would recommend that the procedure that was folloved in the two previous cited cases utilized. Kr . Graeser ' s Attorney and Broker have discussed the matter of tht> encroachment· with staff And feel comfortable with the procedure that has been reco111111ended by staff . Kr , Graeser has closed on the property with the understanding that Kr . Kills will follow through with · he encroachment procedure . RECOMMENDATION Section 11-3 -4D of the 1985 Englewood Municipal Code prov ides that an encroachment other than a fenc e, retaining wall, awning canopy or marquee must be approved by the City Council . This encroachment is an existing condition that has not been heretofore kno "-,1 by the previous property owner or the City . There a r e several areas in Englewood that are very diffi cult to survey and two surveyors c an come up with two different legal descriptions if they do not start from the same corner . This appears to be the case . The title to the property can be cleared to the satisfaction of the Titlr. Company by granting the Encroachment Easement, and there will be no adverse effec ... upon the public or adj scent property owners . The staff recommends that in order to clear the title of t he property at 1655 l-'est Yale Av ,.nue , the En croachment Agreemen t be granted as requested by Hr . and Mrs . Kills .