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
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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 ;
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· 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 .