HomeMy WebLinkAbout1989 Ordinance No. 029Book 5!02.
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<R>I?Wa: NO. 2..:/
SERIES r:, 1989
BY Al1llDU'N ~5!-f?'l
CXXH:IL BILL N:>. 33
nmau:l!D BY CXlUNCIL
MDl!l!R HlmlAWIIY
AN <R>IIWCE M'PROVIlll AN N.Rmfflr GRllNrII«; AN EN::R<:W:IIMENr FCR A S'nltx:l'URE
INro AN tlWIPRCMD PCI\TIW OF RIGIIT--OF-WAY IN THE 3200 BLOCK O:E' SOOl'H iW\NOOl'
STREE'1' EKTENDID IN TIii!! Ciff OF EN.LENXXl.
l<lll!REAS, because of the existence of two quarter section corners fran
1"hlch property can be described, one used by the City of Phglewood and the
other by the City and County of Denver, the two corner mJnments being
"R'roximately twelve feet apart, surveys of the area do not necessarily agree;
and
~, a 1966 survey utilizing the Denver cc.rner nonlffl!nt was used
imen the building permit was obtained for the building e,q,ansion at 3200 SOUth
Zuni Street, Englewood; and
li!IEREAS, ltlen the property was surveyed in 1983 using the Englewood
corner rronurrent, the error was discovered showing that the l::w.lding had been
constructed into the public right-of-way i n the 3200 Block of South l-lyandot
Street extended; and
WHmEAS, the ll'OSt expedient way to solve this situation is to grant an
enc:roacment for the building of Accutronks, Inc. known as and nuntiered 3200
South Zuni Street, Englewood;
IOI, THEREFORE, BE JT CJUlAINID BY Ti!F. CJT'I =IL OF THE Ciff OF
ENGLE]~, CXJLCIWJO' AS FClLLO<iS:
Section 1. There is hereby "R'roved an Encroachrrent Agreement between
the City of Englewood, Colorado, and l\ccutronics, Inc. allowing l\ccutronics,
Inc., its successors and assigns, an encroachrrent over and across tt.at portion
of 3200 South Wyandot Street, City of Englewood, t:ounty of Arapahoe, State of
Colorado, legally descr ibed as:
A portion of the property as recorded iJ I Book 945, at
!"'9" 409 of the records of Arapahoe Cou 1ty, and described
as follows: 'nle West 10 feet of the North 160 feet of said
property.
'nle enc:roachnent shall endure for so long as the existing building remains
located with the said right-of-way. Should the l::w.lding be damaged and/or
reiroved, the encroachment shal 1 be tenninated and no longer shall Grantee use
said property of the City of Engl~.
Section :2, '1'ie Mayor and City Clerk are authorized to sign and Ai
attest said Encroacl1rent Agreerrent for and on behalf of the City of !nglewcod Wl!1
and CCWlty Council •
Introcb:ed, read in full, and passed ai first reading ai the 18th day of
Septaltler, 1989.
Published as a Bill for an Ordinance ai the 21st day of Septaltler, 1989.
Rea& by title and passed on final reading ai the 2nd day of ~~,
1989,
Published by title as Ordinance No. Af, Series of 1989, on the 5th day
of o:tober, 1989.
I, Patricia H. Crow, City Clerk of the City of Engl c-\olOOd, Colorado,
hereby certify that the foregoing is a true OOf1't of the Ordinance passed on
final reading and published by title as ordinance t.o. ,2.:/_, Serles of 1989.
~~~$~
Patricia H. Crow
ENCROACHMENT AGREEMENT
THIS AGREEMENT, entered into by and between the CITY OF
ENGLEWOOD, COLORADO, a municipal corporation, hereinafter
referred to as "City,• 3400 South Elati Street, Englewood,
Colorado, and ACCUTRONICS, INC., a Colorado corporation,
hereinafter referred to as "Grantee," 3200 South Zuni Street,
Englewood, Colorado;
WHEREAS, because of the existence of twc quarter section
cornerc from which property can be described, an error was made
in the survey and the building at 3200 South Zuni Street was
constructt•d encroaching into an unimproved section of public
right-of-~•ay belonging to the Cit.y of Englewood in the 3200 Block
of South Wyandot Street extended; and
WHEREAS, the City and Grantee desire to resolve this
problem by the City granting an encroachment over and across that
portion of unimproved public right-of-way in the 3200 Blo•:k of
South Wyandot Street extended;
NOW, THEREFORE, the parti~s agree as follows:
l. The City hereby grants to Grantee, its successors and
assigns, an encroachment over and across the unimproved portion
of the right-of-way in the 3200 Block of South Wyandot Street
into which the building known as and numbered 3200 South Zuni
Street encroaches, which encroachment is legally described as
f o llows:
A portion of the property as recorded in Book 945, at
page 409, of the records of the Arapahoe County clerk
and Recorder, and described as follows:
The West 10 feet of the North 160 feet of said
property, in the City of Englewood, County of
Arapahoe, State of Colorado.
2. The within encroac hment shall end•• r e for so long as the
existing building remains 1oct·t ed within the said easement.
Should that building ever I ~ d~maged and/or removed, the
encroachment shall be teri11 ,111'.:ed, an d no longer shall Grantee use
said easement. In this e vanL, Grantee agrees to convey said
easement to the City by quit claim deed.
3. Grantee shall maintain insur,?lnce coverage sufficient to
satisfy any liabilit, arising as a re~ult of th is encroachment
and shall hold the Ci ty harmless from any and all liabilities
arising from this action.
4. Thi~ Agreement shall inure to the benefit of and be A
binding upon the heirs, executors, administrators, successors and W '
assigns of the respective parties hereto.
IN WITNESS WHEREOF the parties have hereunto set thei r
hands and seals as of the ___ day of ________ , 1989.
CITY OF ENGLEWOOD, COLORADO
a municipal corporation
By __ --=,,_----=--.-------Susan Van Dyke, Mayor
ATTEST:
Patricia H. Crow, City Cler k
STATE OF COLORADO
COUNTY OF ARAPAHOE ss .
ACCUTRONICS, INC.
a Colorado corporation
By ____________ _
President
ATTEST:
Secretary
Signe d before me by Sus an Va n Dyk e a s Mayo r and a ttested by
Patricia H. Crow a s Cit y Cl e r k of t he Ci ty of En gl e woo d,
Colorado , this __ day o f ________ , 1989.
My Commi ss ion e xpires:
STATE o :,• COLORADO
CO UNT Y OF ARAPAHOE
Signe d b~f o re me by
a t teste d by
Not a ry Pub l i c
3400 s . El a t i, En glewood, CO
ss.
___________ as pr es ide nt a nd
as sec r eta r y o f
Ac cutronics , Inc a, a Colorado corpora tio n.
My Commiss i on expires:
Notary Pub l i c
.>.d dres s:
DATE
September 18, 1989
INITIATED BY
STAFF SOURCE
ISSUE/ACTION PROPOSED
COUNCIL COMMUNICATION
AGENDA ITEM
I I (a)
Community Development
Richard S. Wanush
SUBJECT Encroachmont for
building located at
3200 South Zuni Street.
Grant an encroachment agre ement to Accutronics , Inc ., 3200 South Zuni Street ,
Englewood, Colorado 80110, for the encroachment of an existing structure into an
unimproved portion of the right-of-way in the 3200 block of South Wyandot Street .
-PREVIOUS COUNCIL ACTION
Non e
STAFF ANALYSIS
The decision to request an encroachment agreement resulted from a series of meeting s
with representatives of Accutronics, Inc . to seek a mutuall y acceptable r&,olution
to a nine foot encroachment of their building into the right-of-way of the 3200
block of South Wyandot Street . This portion of South Wyandot Street exists from the
intersection of West Eas tm an Avenue 387 feet to the south end of the Accutronics
property , a distance of 387 feet , and is unimproved.
Staff from the Public Works and Community Developm ent Departments hav e 1L t with
representative s of Accutronics Inc ., and have discussed the si t uatior, and con cur
that an encroachment agreement is the most expedient method of handling this
situation since South Wyandot Street is not included in the Master Street Plan .
BACKGROUND
After discovering that a portion of their building encroaches in the right-of-way of
South Wyandot Street, Accutronics, Inc. requested that the City vacate this 387 feet
of right-of-way . However , research by the City Surveyor indicated that the
right -of-way, originally deeded to Arapahoe County, came from the property to the
east of the Accutronics, Inc. property . Thus, any vacation action would return this
right-of-way to that property and not Accutronics, Inc. Accutronics has had
discussions with the property owner to the east, but this property owner has not
expressed any Interest In pursuing the vacation of South Wyandot Street.
The encroachment of the building Is the result of the existence of two quarter
section corners fr om which the property can be described . One corner 1s used by the
City of Englewood and the other by the City and County of Denver . The two corner
monuments are approximately twelve feet apart . The 1966 survey that was used when
the building permit was obtained for the build i ng expansion utll I zed t.he Denver
quart er section corner and not the Englewood quarter section corner . This survey
was accepted until the property was resurveyed In 1983, and the Englewood quarter
section corner 1,Js used for the survey resulting In the building 0 ~croachment .
FINANCIAL
None
3200 50. ZUNI ST. / ENGLEWOOD. COLORADO 80110 PHONE: (3031 782-8830
May 30, 19R9
City of Englewood
3400 South Elati Stree t
Englew ood, CO 80110
~ttn: Sus an Hir s ch
Se nio r Planner
FAX : (303) 782-11514
SIJ BJEC~': 30 ' )( 3A7.5 ' s t r e P.t ri ght of 1·1 a y ~i: r ~a r rf
3 200 South Zuni 5t r e e t
!·l e hereby r et!uest th~t th e D~ove r~bject ri']h t of way be 11.•CATED .
Th e r ig h t of. wa y r,e r VP P. no p u r p or-e a ! ; t f<.,,1 c i~nd r n t t h <' :-0 11 t.h c-rrl
of our prope rty .
The p rope r t y ir.:m iE-<l a t ely e c1 s t of onr ~ ~or, IJ ~ a cce f~;eG L·v 11 fJt :t 1·,1 !=',t·n ?.!1
a n d no other pr operty i ~ ~erved by t h i c p l!rpcs e~ ~treet:
You r early action on thi s r e q uest would be GF!)rec ~ . .:=.ted .
Tf you ha ve any qu e s tio11s pl ea s e a dvi ~~.
Ver y Tr ul y You r s ,
ACCU TRON I CS , I NC .
• ~~f.#-
Vice President
3200 SO. ZUNI ST. / ENGLEWOOD. COLORADO 80110 / PHONE, 1303) 762·8830
FAX , 1303) 762-8814
JUNE O 2, 1989
City of Englewood
3400 s. Elati Street
Englewood, co. 80110
Attn: Susan Hirsch
Senior Planner
subject: Letter of May 30, 1989, subject and request to
vacate a 30' X 387.5' proposed street at rear of
3200 s. Zuni Street.
We have just bP.en advised that the Western boundry of this
strip of land is 12' West of the actual location of the true
boundr y of this property.
Our information is that sometime in the last 20 plus years a
survey Crew replaced a lost Boundry pin in the intersection of
West Dartmouth and s. Zuni Street, and it was 12' from tl1e
prev ious pin.
Our Property wa s surveyed, plotted and built using a previous
location, with t he result that when th e strip of land 30' X 385'
was measured from th e new pin, it has caused o~r building to be
approximat e ly 9 feet i nto th e right of way of the propos ed stree t.
We believe th at it i s the res ponsibi li t y of the City of Englewod
to redress thi s er r or, and eithe r vacate the propo sed street or
move it s location 1 2 fe e t t o the East.
If you hav e a ny que Gtions, and or need furt he r i nformation on this
matter, please let us know.
Very truly yours,
(,!) /' 7 ,yl _// Ua~✓ ;;?· ~,wrr,.< W-
Pa u1 McDermott ·
Vice President
att: Copy of Survey
----,-
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ACCUTAONICI, INC, ~
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CITY OF ENGLEWOOD
TOWNSHIP SECTION QUARTER SECTION
197 1 33
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