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HomeMy WebLinkAbout1990 Ordinance No. 0120 CRD'.-'.ANCE NO. /)-,, SERIES OF 199_0_ BY AtmlORITY 10 (a) CXXJNCIL BILL NO. 12 IlmaxJCEDBYCXXJNCIL MEMBER a.AY'1tti AN CRDINANCE APPRCJVIN; A PETITIOO 10 na.uoE CERTAIN LAND a ·lNED BY Q!E CITY OF ENGLaml) NEAR M:LELLAN RESERVOIR nm .t GHLNlDS RANCH ME:l'l~JPCLl'l'llN DISTRICT llO. 3. l'IHEREI\S, the utilities Depl!Itr.ent has enter..a into a stu<ly of certain real property owned by tJie City of Engle.ood and located near the l-lcLellan Reservoir; and WHEREAS, the result of said study ,;c.lll,d indicate that · t is appropriate to petiti on Highlands Ranch !•l:?tropolitan District :10. 3, for the inclusion of said land into said District; and WHEREAS, said Highlands Ranch Metropolitan District would at the appropriate time provide to s a i d r eal est c ~,, • water, sewer and other services necessary for the ;, , e l O?""nt of said property; 00-1, Tl!EREFa<E, BE IT :...~D!UNED BY THE CITY CXJUNCIL OF THE CITY OF E?lGLJ:ln:)D, COLC!WlO, AS FOLLa\15: Section l. The City hereby approves Petition for Inclusion of Land 01,ned by the City of Engle-.ood into Highlands Ranch Metropolitan District !lo . 3. Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest those oocuirents necessary to join said District for and in behalf of the City of Englewood. Introduced, read in full, and passed m first reading on the 3rd of April, 1990. Published a s a Bill for an Ordinance on the 5th day of .April, 1990. Read by t i t le and passed on final reading on the 16th day of .April, 1990. Published by title as Ordinance llo • ./iii, Seri es of 1990 , on the 19th dny of April, 1990 . ~ ~~ Jel.c!uur Patricia H. Crow, City Clerk I, Patricia H. crew, City Clerk ot the City ot Qlglewood, COlorado, hereby certify that the foregoill(J is a t.."tll! 00P't of the ordinance paned on final reading and published by title as Ordi~ £., 5eriea of 1990. ~1'.~<v'I -~ Patr c a H. erow r '--' I•,. · f " DATE ·. April• 3, 1990 INITIATm BY STAFF SOURCE ISSUE/ACTION PROPOSm COUNCIL COIIIUNICATION AGENDA ITEN 12 (1) SUIJECT Ord1n1nc1 for a P1t1t1on to 1nclud1 land into th1 Highlands Ranch Mitro Dist . t3 Englewood Water and Sewer Board Stewart Fonda, Director of Utilities Council appronl of Petition for lncluslo·n of Land to Highlands Ranch Metropolitan District No. 3 PREVIOUS COUNCIL ACTION This matter was discussed at a study session held on March 12, 1990. Jim Worley of Highlands Ranch Special Districts and staff members presented the City's acquisition of land, the steps taken to develop the land to date ,nd the options ava i lable for further deve 1 opment of the 1 and. STAFF ANALYSIS The land that the City-ls petitioning to be Included in the Metropolitan District lies adjacent to Mclellan Reservoir and south of County Line Road in Douglas County. It was acquired in the early 1960s as part of the land acquisition for Mclellan Reservoir. The land cannot be used for raising •.he elevation of the reservoir, but could be used for future development In the Highlands Ranch area. In this regard, the land could be considered an investment for the City. The City has betin able to inexpensively provide the neces sary rezoning and planning for eventual development of the property by 'plggy-backlny' on the efforts of Mission Viejo Company . Inclusion in a metropolitan district Is the next step In the development process to capitalize on the City 's investment . ·i .r-•; . ~-' On Slpttllblr 17, 1979, Do119l11 County approved th, Highlands Ranch~ v1lopMnt ~lan ind tn lllO s1x water and santtat1on d1strtch wert fonntd. Mttropo11tan dtstr1cts art cap1blt of providing strvlcis such II ftrt prottct1on, strett llll)rov-nts, ·p,rk.1 and recreation, aaJor ston1 drainage and _rg,ncy 1111dlcal facilities. Englllil!Od ~ould participate In the development plan by a Petition for Inclusion. 1n .. 1u1ton would tn1bl1 Englewood to hav1 the advantages of being part of th1s dl &t l'1ct for future d1velopMnt. • · FINANCIAL · Thar, 1s no currant cost associated with the Inclusion Into the Metro Dtstr ct 13. If and when the City chooses to develop the property, certain development costs are anticipated. PETITION FOR INCLUSION OF LAND TO: Hlghl nds Ranch Hetropol1tan District No. 3 . The undersigned, City of Englewood, hereby respectfully petitions the above nutd District, acting by and through its Board of Directors, for the Incl_usion of the hereinafter descr oed land in said District. The undersigned hereby consent that the property located in Section 4, Township 6 South, Range 68 West and described below be included in said District, and that an Order ■ay b1 entered in the District Court in and for the County of Douglas, State of Colorado, including said land in said District, and that from and after the entry 0 1' such Order, said land to be included shall be liable for assessments or other obligations. The undersigned represent to said District that it is the owner of the property per■anently being included in said District and that no other person, persons, entity or entities own an interest therein except as beneficial holders of encumbrances. C The undersigned acknowledges that acceptance of this Petition by said District does not constitute any assurance from said District that the land hereinafter described can be served by said District. The undersigned further agrees that it will pay the cost of -the Inclusi •n of said land in raid District if this Petition is accepted, which costs are the costs of publicat·.on of appropriate legal notices, and attorney's fees. The description of said land situated in the County of Douglas, State of Colorado is as follows: LEGAL DESCRIPTION fl Tht SIi 1/4 of tht SE 1/4 of Section 4, Township 6 South, Ranch 68 West of the 6th P.M.; County of Douglas, State of Colora ~o. Contains · 39 .9987 acres, 1110re or less. LEGAL DESCRIPTION 12 That part of the SW 1/4 of Section 4, Townsh i p 6 South , Range 68 West of the 6th P.M.; County of Douglas, State of Colorado; more particularly described as follows: A strip of land 1,320' + long (N -S) by 22 feet wide (E-W) off the east side of the NE1/4SW1/4; TOGETHEI! with a ~t r i p of land 20 feet long by 22 feet wide off the east side of the SEl/4SW1/4, located at the north end of said east side and being 22 feet wide In an east -west direction . Contain 0.6756 acres, more or less . LEGAL DESCRIPTION 13 That part of the NWl/4 of Section 4 , Townsh i p 6 South , Range 68 West of the 6th P.M ., County of Douglas, State of Colorado; lying south of the south right-of-way 11ne of (proposed) State Highway C-470 ; more pa r t icu lar ly described as fo l lows : COHHENCING at the northwest corner of Sect i on 4; thence S. o• 34 ' 55' E. along the west line of the NW 1/4 of sai1 Section (basis of b,,u lngs) a distance of 1,527 .67 feet to the TRUE POINT OF BEGINNING; thence N. 59• 43 ' I O' E. parallel with the north line of said NW 1/4 a di stance of 317.26 feet to a point on the south right-of-way line of (proposed) State Highway C-470 ; thence the following four courses along said so uth right-of-way line : S. 69 ' 12' 30' E. a distance of 1,917.15 feet , S. 61' 52' 55' E. a distance of 705. 76 feet , S. 75' 17 ' 37' E. a distance of 1,123 .43 feet, N. 89° 45 ' 01' E. a distance of 171.91 feet, more or less, to a noint on the east line of the SW 1/4 NE 1/4; thence S. I• 00' 12' E. along said 11st Hen a distance of 60.00 fttt to the southeast corner of said SIi 1/4 NE 1/4; thence S. ag• 45' 01' II. along the south lint of said SW 1/4 NE 1/4 a distance of I ,313 .87 feet to the southeast corner of said SIi 1/4 NE 1/4 ; ~ r I '-" :\•..,," ... _i .f~•'.i_ · th1nc1 S. 89' 40' 08" II. along t h• sou~h line of the NII 1/4 a distance of 2,6&3.79 ft1t to the southwest corner of said NII 1/4; thence N. O' 34' 55" II. along the west line of said NII 1/4 a distance of 1,377 .23 feet to the True Point of Beginning . Con•,l n 65.0028 acres, more or less . LEGAL DESCRIPTION t4 'i hit pu t of the N 1/2 of Section 4, Township 6 South, Range 68 West of the 6th P.H.;· County of Douglas, State of Colorado; lying, north of the north right-of-way 11"• ~f (proposed) State Highway C-470; and lying south of the South line of the Hi 9hl1n1 Canal; more particularly described 11s follows: Co111111ncing at the northwest corner of Section 4 ; thence S. O' 34' 55" E. along the west line of the NW 1/4 of said Section (bash of bearings) a distance of 1,527 .67 feet ; thence N. 89' 43' 10 • E. parallel 1th the north line of said NII 1/4 a distance of 1,237.44 feet to a point on the north right-of -way l _ine of (proposed) State Highway C-470 ; said point being the TRUE PO I NT OF BEGINNING of the land herein described; thence the following three courses along said north right -of-way Hne; S. 70' 38' 46" E. a distance of 1,959 .12 feet S. 59' ~4.' 10" E. a di stance of 498 .31 feet S. 82' 10' 08" E. a distance of 473.58 feet, more or less, to a point on th e east 1 ine of the SW 1/4 NW 1/4; thence N. 1' 00' 12 ' W. along said east Hen a distance of 925 .90 feet to the northeast corner of said SW 1/4 NE 1/4; thence S. 89' 42' 13' W. along the north 1 ine of £ 1id SW 1/4 NE 1/4 a distance of 986 .07 feet to a point; thence N. 1' 06' OJ • W. orallel with, and 330.00 feet east of, the west line of NWl/4 NE 1/4 a distant~ of 861.61 feet to a point on the south line of the Highline Canal; thence the following ten courses along said southerly 1 ine of the Hi ghl1ne Canal: lj N. 81' 58' 04 ' W. a distance of 21.64 feet to a po i nt of curvature, 2 along a curve to the left wi th a radius 930 .37 feet and a delta of 28' 47' 28' to a po i nt of tangent , 34j S. 69' 14' 28' W. a distance of 515 .51 feet to a po i nt of curvatur e, along a curve to the left wi th radius 181.68 feet and a delta of 47' 20' 55' to a point of tangent, s6j S. 21' 53' 33" W. a distance of 467 . 12 feet to a po i nt of curvature, along a curve to the right wi th radius 142 .96 feet and a delta of 89' 06' 27 ' to a point of compound curvature, 7) continuing along a curve to the right with rad i us 352.79 feet and a delta of 48' 00' 57 " to a point of tangent, 89j N. 20' 59' 03 W. a distance of 379 .07 feet to a point of curvature, along a curve to the right with radius 408.06 feet and a delta of 11' 44 ' 34' to a point of tangent, 10) N. 9' 14' 30 ' W. a distance of 189 .09 feet, more or less, to the north line of the bridge crossing agreement granted to the City of Englewood by the Denver Water D~partment as filed In Dr awer 67, No . 915; thence S. 80' 45 ' 30' W. at right angles to the last des cribed course , a distance of 40.00 ' fHt1 th1nc1 the following four cours11 parallel withf and 40.00 f11t dhtanc1 froa the southerly l1n1 of the Highl1n1 Cana : . I) 2) S. 9• 14' 30" E. 1 dhtanc1 of 189.09 f11t, 11C>r1 or 1111, to a point of curvature, along I curve to the left with radius 448.06 f11t and a delta of 11• 44' 34" to I eoint of tangent, S. 20• 59' 03 E. a distance of 379.06 feet to a point of curvature, along I curve to the left with radius 392. 79 feet and an arc length 194.02 fttt; thence S. 89" 43' JO" II. a distance of 173 .19 fee t to the Point of Beginning . Cont1i na 49. 9935 ecres, more or 1 ess. LEGAL DESCRIPTION f5 All thet portiori of the Nl/2 of Sec ti on 4, Township 6 South, Range 68 West, Douglas County, Colorado; lying north of the Highllne Canal (as recorded In Book N at Page 135, and In Book 93 at Page 64 of Douglas County Records) and south of existing (1983) State Highway 31, also known u County line Road; EXCEPT the following two parcels: lot 49, Plum Valley Subiflv ·;sion, now vacated, and that parcel described In Book 123 at Page 227 of Douglas County Records . Contains 32.3 acres, more or less .