HomeMy WebLinkAbout2008 Ordinance No. 040•
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ORD INAN CE NO . N_
SERI ES OF 2008
BY AU HIORITY
CONTRACT NO, b .:1. -,(00 8 9 b iii
COUNC IL BILL NO . 3 1
INTRODU CED BY COUNC IL
MEMBER MOOR E
AN ORDINAN CE AUTHOR IZING TH E RELEASE OF RIGHT TO MA INTAIN A
SEIVE R LINE AT RIV ERPOINT AT SH ERIDAN .
WHERE AS, a ri ght to in stall and maintain a sewer lin e was grant ed by the Cit y of
Sh erid an to th e Cit y of Englewood on Sep1ember 28 , 1953 by the pa ssage of a Sheridan
Reso lut ion ; and
WHEREAS, Weinganen Miller Sheridan has req uested th al the City of Englewood
release it s interest in the right because in appears on 1h e plat as a title exception but the sewer
line no longer ex ists; and
WHEREAS , the Ci ty of Englewood Utiliti es Dcpanment ha s confinned th at thi s sewe•
line was removed durin g construction fth e Ri vc rpo int Project at Sh eri dan ; and
WHE REA S, the passage of this Ordinance authorizes the release of a right to install and
maintain the se wer lin e at Ri vcrpoint at Sheridan which was grant ed by the Ci ty of Sheridan
to th e Ci ty of Englewood in I 953 by Sheridan's Reso luti on; and
WH EREAS , the Eng lewood Water and Sewer Board, at their Jun e I 0, 2008 meeting .
reco mmended Cit y Council auth ori ze th e release ofrigh1 to maintain th e sewer line at
Rivcrpoint at Sheridan;
NOW . THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD. CO LORADO . AS FOLLOWS :
Secti on I. The City Co un cil of the City of Englewood , Co lorad o hereb y authorizes the
release of a ri ght to install and maint ain a sewer lin e under Lot I, Bl oc k 6, Ri vcrpo int at
Sheridan Filing No. 2 because the sewer line no longer exists . as shown on Exhibit I.
huroduccd , rea d in full . an d pas sed on first readin g on the 2 1st da y of July . 200 8.
Publi shed as a Bill fo r an Ordinance in th e Cit ) 's offi cial news paper on th e 25'' da y o f
Jul y. 2008 .
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Publi shed as a Bill for an Ordin ance on 1he Ci1 y·s official wcb sil e beginning on 1he 23 rd •
da y of Jul y. 2008 fo r 1hirt y (30) da ys.
Read by 1i1le and pas sed on final readin g on 1he 41h da y of Augu st, 2008.
Publi shed by title in 1he Ci1y·s offici al news pape r as Ordina nce No .~ Serie s of
2008 , on the 81t. ·ay of August , 200 8.
I, Loucri shia A. Ellis , City Clerk of the City of Englewood, Colorado , hireby •certify
that the above and foregoing is a 1rus, ~PY of the Ordinance pass on final read ,ng and
published by title as Ordinance No. 'I!!_, Series of 2008 .
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REL EA SE AND VAC ATIO N OF EA SEM ENT
THIS RELE ASE AND VACATION OF A UTILITY EASEMENT is made thi s da y __ of
_______ _, 200 8, by the CITY OF ENGLEWOOD, COLORADO , whos e addres s
is 1000 Englewood Parkway , Englewood , Col orado 801 JO , to th e CITY OF SHERIDAN , wh os e
addre ss is, 4101 South Federal Boule vard , Sheridan, Colorado 801 JO .
The Parties covenant and agree as follow s:
J. Easement Propeny. The "Easemenl Propeny" shall mean the real propeny located in
the County of Arapahoe , State of Colorado , more particularly described as on the
Legal Description attached hereto as Exhibit A, consisting of three (3) pages and
incorporated by referen ce herein .
2. Consideration. Grantor makes this Gran! as a gift without consideration other than the
keeping by G,·antee of the covenants and agreements contained herein .
3. A right to i~stall and maintain a sewer lino was granted by tho City of Sheridan to , he
City of Englewood on September 28 , 1953 by the passage of a Sheridan Resolution.
4. The City of Englewood Utilities Department has confirmed that this sewer line was
removed during construction of the Riverpoint P:oject at She, '.dan .
5. The Ci1y of Englewood hereby releases the right to ins t,ll and maintain the sewer line
at Riverpoint in Sheridan which was granted by the City of Sheridan and vaca te:. any
associated easement as shown on attached Exh.;bit A.
6. Binding Effect. This Release and Vaca1ion shall extend lo and be hinding upon the heirs,
personal representatives , successors and assignees of the respective parties hereto .
IN WITNESS WHEREOF, the panic s hereto have executed this Release and Vac&tion Of Easement
the day and year first above written.
CITY OF ENGLEWOOD, COLORADO
By ________ _
STATE OF COLORADO ) James K. Woodw a1d, Mayor
) ss .
COUNTY OF ARAPAHOE )
The foregoing in strum ent wa s acl 'Wlod ged before me this __ da y of ______ _,
2008, by Jam,,s K. Woodward as Ma of tho City of Englewood.
Witness my hand and offi cial seal.
My Commiss ion expires:
Nrtary Public
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EXHIB IT A
SHEET 1 OF 3
LEGAL DESCRIPTION
'klli1n'lloml
l'r l ;..
wllfittUl~onci
A SANITARY SEWER EASEMENT AS RECORDED IN BOOK 865 AT PA GE 377 IN THE ARAPAHOE COUNTY CLERK
ANO RECORDERS OFFICE AND LIE S WITHIN LOT 1, BLOCK 6 OF RIVER PO INT AT SHER IDAN SUBDIVISION FI LIN G
NO 2. AS RECORDED AT RECEPTION NO . B7158299 IN SAID CLERK AND RE CO RDERS OFF ICE AtjD BE ING
LOCATED IN THE NORTHWEST QUARTER 0~ SECTION 4, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH
PRINC IPAL MER IDI AN, CI TY OF SHER IDAN , COUNTY OF ARAPAHOE, STATE OF COLORADO, BEIN G MORE
PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT A WITNESS CORNER, BEI NG S 89"56'50" W, 50 .14 FEET FROM THE CALCUL • TED POSITION OF
THE NORTH QUAR TER CORNER OF SAID SECTIO N 4 AND MONUMENTED BY A 3" BR ASS CAP STAMPED
"LS 22571", WHENCE THE NORTHWEST CORNER OF SAID SEC TION 4, BEING MO NU MENTED BY A 2-1/2" ALUM INUM
CAP STAMPED "LS 11434", BEARS S 89"56'50" W, A DISTANCE ':JF 2605.26 FEET FORMING THE BASIS OF BE ARINGS
USF.D IN THIS DESCRIPTION ; THENCE S 61"58'13" E, A DIS TAN CE OF 1136 .69' TO THE NORTHERLY LINE OF SAID
LOT AND Al .SO BEIN G THE POINT OF BEGINNING ;
THENC E S 73"56'43" E, ALON G SAID NORTHERLY LINE , A DISTANC E OF 12.00 FEET;
THENCI: S 39"55'06" E, ALONG THE EASTERLY LI NE OF SAID LOT, A DIST ANCE OF 95.95 FEET;
THENC E S 01"29'01 " W, ALONG THE EASTERLY LI NE OF SAID LOT, A DISTANCE OF 78.60 FEET ;
THENCE S 06'46'35" W, ALONG THE EASTERLY LINE OF SA ID LOT, A DISTANCE OF 120.85 FEET;
TH EN CE S 16"08'48" W, ALONG THE EASTERLY LIN E OF SAID LOT, A DISTANCE OF 114 .81 FEET TO A POINT OF
CURVATURE;
THE NCE ALONG A CURVE TO THE RIGHT HAV IN G A CENTRA L ANGLE OF 02"39'12",A RADIUS OF 3031 ,81 FEET,AN
ARC LENGTH OF 140,39 FEET , THE CHORD OF WHICH BEARS S 11'43'22"W, A DISTANCE OF 140.38 FEET TOA
PO INT ON THE SO LI THERL Y LINE OF SAID EASEMENT ;
THENCE S 87 '53'40 " W ALO NG SA ID SOU TH ERLY LI NE, A DISTANCE OF 149 .90 FEET T O THE WES TERL Y LINE OF
SAID EAS EME NT;
THENCE N 16'10'57" E ALONG SA ID WESTERLY LINE , A DISTANCE OF 550 .5 5 FEET TO THE POINT OF BEGINNIN G.
CONTA ININ G AN AREA OF 62 ,642 SQ UARE FEET OR 1.438ACRES , MORE OR LESS .
WILLIAM G, BUNTRO CK, PLS 35585
FOR AND ON BEHALF OF
V3 COMPANIES OF COLORADO, LTD ,
PROJ : 00303 8
V3 CO MP AN IES OF COLORADO 2399 BL AK E STREET ., STE . 130 , DENVER , CO. 80205 PH : 303-989-8588 FX : 303-989-9932
DE NVER CHI CAGO PHOENIX
/JW COR. SEC. 4
Ff.ID. 2-112" ALUM CAF \ STAMPED -Ls 1143,•
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LOT 3, BLOCK I
PETERSBURG SUBD.
PLAT BOOK Al, PAGE 1
LOT/, BLOCK I
GLENN ~ SUBD. Fl/. NO. I
PLAT BOOK UH , PAGE 38
LOT2, BLJ< 5
RIVER POINT AT SHERIDAN
SUBDll'/SJON FIUNG NO , I
REC, NO , 8702/603
Scale : 1 "=80'
80
FEET
EASE MENT TO BE VACAlcD
EX HIBIT A
SHEET 2 OF 3 P.O.C.
BASIS OF BEARINGS -s 8~ 2005.26"
N LINE NW 114 SEC. 4
WITNESS Coiiiiai
FND 3" BRASS CAP
STAMPED "LS 22571'
100
LOT J, BLOCK 6
RIYER POJNT AT SHERJDAN
SUBDIYJSJON FIUNG NO. 1
REC NO. B1/J8299
0 INDI CATES CHANGE OF DIRECTION ONLY, NO MONUMENT
FOUND OR SET ,
AREA CONTAINS APPROX. 62,642 SQ FT {1.438 ACRES).
THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY
IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION .
Engin eers
-~-S, 2l~BlakcS1Jct1,Svitrll0
,._ • \ l/J11CyOrs Ihrr,u, CO 10205
C w Scientists )0].H9.ISII volct ~ , l0l.989.9932 fo \ Cons,t1-uc11on Vlcu01n
RIVER POINT AT SHERIDAN
05/21/2008
, A d nsors 1" = 80'
rr========---=================;i EXHIBIT A
t •~-\ Surveyors
t ~ SciCJ1tists
Consrroction
A rl v ,:~nr.~
SHEeT 3 OF 3
LOT I, BLOCK 6
R/YER P0 /1(1' AT SHERJOAN
SUBDll'!SJON F'/LJNG NO. 2
REC. NO. B7/S8199
NTS
CITY OF EN GLEWOOD SANITARY SEWER EASEMENT VACATION
2J 99 011kt Sm :t, S11 11e UO
Den vr1, CO 801DS
J0J .919.llHYIICt
JOJ.919 .9932 (1 1
V)cocom
RIVER POINT AT SHERIDAN
05/21 /2 008
NTS
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COUNC IL COMMUNICATION
Dat e: Agenda Item : Subject :
Jul y 2 1, 2008 9 a iii Release of Int erest to maint ai n a sewe r lin e ,1
Ri ve rp oint at Sheridan
Initiated Hy : I St•ff Source:
U tilit ies Depa rtm ent Stewa rt H . Fonda, Director of U tilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Reso lu tion adopted Sep temb er 28, 1953, record ed Jul y 3, 1954.
RECOMMEND-ED ACTION
Th e Water and Sewer Board, at thei r Jun e t 0, 2008 m ee tin g, recommended Coun cil approve th e
release of int ere~t granting pe rmissi on to in stall and con nec t a sewer main in Englewoou thr 0t1gh
th e City of She ri da n.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
W eingarten Miller She ridan is reques tin g that Engle wood re lease its in terest in th e ri ght to install
and m aintai n a sewt,r lin e und er Lo t t , Block 6, Riverp oint at Sheridan Filing N o. 2. Accordin g to
Tom Brenn an, U tilitit?s Engin ee r, the sewe r lin e was removed during con tru cti on of lh e Ri verpo int
Project in Sherida n.
Th e City Att orney's dt•partm ent has rev iewed and approved th e requ es t and notes th at thi s was no t
an ease m en t, b ut a ri gh t o ri ginally granted by reso luti on. Weingarten Miller Sher idan is makin g th e
req ues t beca use th e original reso lution appears on th e pl at as a titl e ex eptio n, and beca use th e
line n o longer exists, it sho uld be rem oved fr om th e titl e.
FINANCIAL IMPACT
N o n .
LIST OF ATTACHMENTS
May 29, 2008 leu er fr om fo rm er Sherid an Cit y Manage r Mik e Copp
Minutes from th e Jun e t 0, 2008 Water and Sewe r Boa rd Meetin g (refer to copy included with 9 a i)
Res ults of th e Jul y 7, 2008 Water and Sewe r Boa rd Ph one Vote (refer to copy in cl ud ed with 9 a iJ
Copy of Sh erida n Reso luti on
Pro posed Bill fo r an Ordinan ce
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~ CityofSheridan
May 29 , 2008
4101 S. Federal Bl vd.
Sher id an, CO 80110
303-762-2200
Englewood Water and Sewer Board
Attn : Kathy Barrage
Englewood City Hall
1000 Englewood Parkway
Englewood, CO 80110-2373
Ladies and Gentlemen :
Please consider this a request for lhe City of Englewood to release its interest in
the right to maintain a sewer !ine under Lot 1, Block 6, River Point Sheridan Filing
No. 2. This right was granted In a 1954 resolution of the Town of Sheridan . It is
our understanding that the sewer line has been removed with the consent of the
City of Englewood . The reason for this request is to remove a cloud on the title .
Thank you for your r,on.siderallon .
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I s e II
Har old Caner,
· Ma yor
(C orp. Seal) Attest:
Ross R. Lakin,
To\ill Clerk
'''{ RESOLl/l'ION
Adopted:
Rec 'd:
£)Ju_~
~t:~ ~
Sept. 28, 1953
J uly 3, ]954
RECITES The City of Engle\lood,
Colorado , a Municipal. Corporation
of the Se cond Clas s, is constructing a Se11age Disposal Pl..aJl t in an
area North of tbe T0\111 of Sheridan , and ·
I n order to conne ct ce r tain collecti on ma i ns in the City of
•Engle\lood \Ii th said plant, e.nd in order to f ulfi ll a contract \Ii th
the South Engle\lood Saoi t ary Se11er District and c onnect \Ii th t he mo.in
transmission line of said District to treat se11age therefrom, it is
necessary that the City of Eogle11ood lay a se11er main through certai n
.;r the streets and alleys \Ii thin the t01111 l i mits of the Tmm of
She r i dJlo, and
The City of Engle11ood has offi cially requested permi ssion of the
Board of Trustees of said TOllll of Sheridan to lay said se11er main
through certain specific streets and alleys Vi thin the To11t1 , and
The said TOllll of Sheri dan is 11illing to grant said permission,
THEREFORE, BE IT RESOLVED that permission be , and it is hereby , 'granted
to the City of Englevood, Colorado , a Munic ipal Corporation of the
Second Class, to install, repair, mai ntai n or remove an 18" aani tary
se \l er line \Ii thin the limits of the Tov., of Sheridan fran a point 15
feet Jiorth of the intersection of the existing South boundary of We st
Jefferson Avenue to the West right of \lay line of South Santa Fe Drive ;
thence West on West Jefferson Avenue 140 feet, more or less; thence
North i n , throuah and under the publi c alloy in Blor.:k 2, Petersburg ,
North to the South right of wy line of West H"lR!"1en Avenue.
Th is permission is granted upon the agreement that said City of
Englevood replace the surface of the s treet and alley affected as nea r
as possible in the same cond.i tion in llbich it is prior to the installation
of said line. Permission herein grunted is perpetUD.l., and further grants
unto City of Englevood the right at all times in the future t o perform
all necessary maintenance and lll&ke any necessary repairs to said des-
cribed line, including the removo.l thereof, subject, hO\lever, to the
cond.i tion hereinbefore s et forth that the street or alley be replaced
as nearly as possible in the condition in \lhich it\las prior to maintenance,
repair or removal.
In consideration of the permission hereby granted, the Cit:, of
Englevood \/ill allO\I propert ;· ovners in Block 2, Petersburg , only, t o
connect vi th said 18" sanil.ary sever line, a • the expen• :,f said pro-
perty mmers, and "111 charge the property 0\/llers in said block for the
treatment of sevage the same rate charged inhabitants of the City of
Englewood, plus w,\. This agreement by the City of Englewo od shall be
perpetual, but should i t be necessary t o l evy a general tax in the City
of Englevood upon the inhabitants thereof for expansion, maintennnce or
repai r of Englevood' s Se\lage Disposal Plaot or the line to vhich users
i n Sheridan are connected, then and in tho.t event the rate for trcntment
may be raised to fix the swne at a point \/here users in Sheridan are pay-
ing the sa111e rate as those in Englevood, plus ~01,, plus the cquivnlcnt
of snid general tax levy.
.. conti nue d ..
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3o5 -377 , . continued , ,
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Service to users in Sheridan shall be based upon individual con-
tract for the reason that the City of Enslevood is iiot engaged in the
treatment of sevage as a public util.i ty, and service shall be alloved
ooly those pers011s in Block 2, Petersburg; no main extensi on or taps
to other persons shall be allowed except by express and special per-
mission of the City Council of the City of Englevood •
.. Attached Is .,
"I, Ross R. Lakin, Tovn Clerk of the Tovn of Sheridan, Colorado, do
hereby certify that tbe foregoing RESOLUTION 11 a true and correct
.; copy of a Resolution, dUly and regUlarly adopted and approved by the
Beard of Trueteea and the Mayor of the Tovn of Sheridan, Colorado on
the 28_ day at September, A. D. 1953 .
Ross R. Lakin,
7'ovn Clerk ."
"The foregoing Resolution was approved and the terms thereof ratified
by the City Council of the City of Englevood, Colorado, on the 8th day
of Sept., A. D. 1953.
J. r .. Bnrron,
City Clerk of the
City of Eaglevood,
Colorado.
( Official Seal)".
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