HomeMy WebLinkAbout2008 Ordinance No. 041•
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ORDI NANCE NO . t/1
SER IES OF 200 --
CONTkACT NO, 7[/-J,oo~
BY AUTHOR ITY
COU NCIL BILL NO. 32
INTROD UCED BY COUNC IL
MEMBER MO ORE
AN ORD ! ANCE APPROVING S:J PPL EMENT NO. 163 TO THE SOUTHGATE
SANITATION DISTRICT CONNECTOR 'S AGREE M'::NT FOR THE INCLUSION OF LAND
WITHIN TH E DISTRICT BOUNDARIES .
WHEREAS , Southga te Sanitation Di strict recommends the inclu sio n of approxi mately 2.7 acres
into the Di strict: and
WHEREAS , sa id inclusion is loca ted between Bellevi:w and Orchard. on th e east si de of
Co lorado Boule va rd in Greenwood Vi ll age at 3800 Eas t Long Road ; and
WHEREAS, the zo nin g of thi s propeny in Gree nwood Village is Single Family Residential
which is the proposed use of thi s propeny: and
WHEREAS , said annexation of thi s parcel l f lond will not increase the top oll ocotion to
"le Southgate Sanitation District; and
WHEREAS , the Englewood Water and Sewer Board recom mended approval of thi s Agreement
at its June 10, 200 8 meetin g;
NOW , THEREFORE. BE IT ORDAINED BY THE CITY CO l ,-ICIL OF THE CITY OF
ENGLEWOOD , COLORADO. AS FOLLOWS :
Secti o,; I . The Agreement between the Ci ty of Englewood and Southgate Sanitation Di stri ct
enti tl ed "Supplement No. 163 , to Connector 's Agreement", which includes 2.7 acres loca ted
between Belleview and Orcha rd , on the east sid e of Colorado Boulevard in Greenwood Village, is
hereb y accep ted and approved by th e Englewood Cit y Counc il. A co py of said A1,'l'eement is
atta ched hereto as ·'Exhibit 1 ·· and incorporated her ei n by reference.
Sec tion 2. The Mayor and Cit y Clerk arc hereby authorizc-d to sign and aucst, respectivel y, th e
sa id Agrc:c ment for and on behalf of the City Cou ncil and :he Ci ty of Eng lewood, Co lorado.
Introduced . read in fu ll . and pa ssed on fir st reading on the 1 1 st day of July. 2008 .
Published as a Bill for an Ordinan ce in th e City's offic ial newspape r on th e 25'h day of Jul y. 2008 .
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Publi shed as n Bill for an Ordinance on th e Ci ty's offi cia l website brgin.nin g on the 23rd da y of •
Jul y. 20 08 fo r thin y (30) da ys.
Read by title and pa ssed ou fin al readin g on the 4th day of August , 200 8.
Published by title in the Ci ty's official newspaper as Ordinance No .t/L, Series of 200 8, on
the 8th day of Augu st, 2008.
I, Lo ucrishia A. Ellis , City Clerk of the City of Englewood , Co lorado , hereby ce nify that the
above and foregoi ng is ,a,\'". e copy of th e Ordinance passed on fin din g and publi shed by
title as Ordinance No . !tJ_. Series of 2008 .
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• SUPPLEMENT NO. f..0__ TO CONNECTOR'S AGREEMENT
THIS AGREEMENT , made and entered into by and between !he CITY .:JF
ENGLEWOOD, acting by and through Us du ly authortzed ~!.ayer and City Cler1<, hereinafter
called the "City," and SOUTHGATE SANITATION ':,,STRICT, Arapahoe and Douglas
Counties , Co lorado , hereinafter called th e 11Dlstrlc-t,"
WITNESS ETH :
WHEREAS , on the ?.0th day of June , 1961 , the City and the District entered
into an Agreeme nl in which the CIIY agreed to l rea t sewage ortginating from the District's
sanitary sewer system within th£> ar•)a ;:;erved by the District, which Agreement was most
recently renewed by Connector':; Agreement dated November 16, 1988; and
WHEREAS , said Conn ector's Agreement provides that the distrtct may not
enlarge its service area '1-!it hout ttv· .vrrtten consent of the City ;
NOW, TH !f.l"i~f Oi ,., In consideraUo n of the mutual covenants and
und ertakings herein set f,·,rt 'l , ['lt"' r,arties agree as follows ;
1. Th~ tlty hereby consents to the inclusion of certain additional area
located in Arapahoe County, Colorado, owned by CAW Equities, LLC. and more fully
des cribed on Exhibit A attached hereto and incorporated herein by reference , into
Soutngate Sanitation District. The City agrees that said addltlonal •'ea may be served with
the sewer facilities of the District, and Iha! the City will treat Iha sawsge discharged Into the
City's trunk line from said additional area , all !'\ .Q.!\;011..:!··~ with the Connector's
Agreement dated November 16, 1B88 . Accordingl y, r~-..:r•,i':1 111"1 n.·'erred to In Paragraph 1
of the Connector's Agreement dated November J1;., ':,,~ci.. It ·"'r,!\by amended to Include
such additional area .
• 2 . Each and every other provision of the said Connector's Agreement
dated November 16, 1988 , shall remain unchanged .
. IN WITNESS WHEREOF , th e parties h~ve set their hands and seals this __ day of __ , 200_.
ATTEST:
CITY CLERK
(SEAL)
~-~ . . ....... ~
SECRETARY
(SEAL)
CITY OF F.NGLEWOOD
By : ;;Mc;A~YO;:cR;:c-------
SOUTHGATE SANITATION DISTRICT,
ARAPAHOE AND DOUGLAS COUNTIES,
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By: p~~
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EXHIBIT A
TO
PETITiuN FOR INCLUSION OF REAL PROPERTY
SOUTHGATE SANITATION DISTRICT
ARAPAHOE AND DOUGLAS COUNTIES, COLORADO
(Legal Descriptio11J
That pan ofTrnct~ 281 ,282 and 283 , South Denver Ga r6 ms , lying southwesterly and
weste::y of th e so 1;:~w~erly arid westerly line of the Highline Canal together with the
Nonh 15 feet ofvarat1.i Pl,1tte Avenue adjoining Tract 283 on the South. County of Arapahoe, St~te of Colqrado
Southgate Utilities •
Basemap
0 Quartersectlon
8 ·· B Sewerlncluslon
Bower lnclus l. ..
All Others
C Parcel
Sanita ry Sewer
Sewerllne
500 O
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SCALE 1 : 9,605
500
FEET
1.000 1.500 A
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PETITION FOR INCLUSION OF REAL PROPERTY
SOUTHGATE SANITATION DISTRICT
ARAPAHOE AND C·OUGLAS COUNTIES, COLORADO
The undersigned ~t\\}j 2~A \~\e.~ L. LC.. ,
hereinafter called · the Petitioner. whether~ ular or plural, respectfully petitions for
i nclusion of the real property de• <:ribed be low into the Southgate Sanitation District,
Arapahoe and Douglas Counties , Colorado, pursuant to the provisions of subsection (1)
of Title 32, Article 1, Section 401, Colorado Revised Statutes, as amended, and all
applicable policies, rules and regulations of th e District. In support of this petition ,
petitioner states as follows :
1. The full and correct legal description of the property which Petitioner desires to
have included into the District is set forth on Exhibit A attached hereto and incorporated
herein by reference .
2. The said real property is capable of being served with the facilities of the Distri ct.
3. A ssent to the inclusion of said property into the District is given by the signers
hereof, who are the fee owners of all of said property. ·
4 . Petitioner understands and agrees that there shall be no withdrawal from th is
Petition after publication of Notice v1ithout the consent of the Board of Directors of the
District.
WHEREFORE, Petitioner requests that the Board of Directors of the District
hear this Petition at a public meeting after publication of Notice of the filing hereof, and of
the place , time and ciate of such meeting as required by law; and that the above described
property be included into the Southg'ate Sanitation District,· Arapahoe and Douglas
Counties , Colorado . ··
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Inclusi on Petition
Page 2
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Address 1
3Q3-7'23-)C05 1 'V'l-1
Telephone Number
STATE OF COLORADO
COUNTY OF 1\c0\l0\-vr
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Teleptione Number
The foregoing instrument was acknowledged before me this
4r:; day of "'fe'v:r ,w.<\, , 200..6._, b~-\ A. ~.C(~k,. O,..":, -\ }
~\irv;PfC i'f CJ\\U ~1-\-,c•,, i. L.C. o,. C1ia:esdo /11 :b rkJ hc,61),+,,
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My commission expires : J \ P, \ 20\\
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My address is : -")l--\\d1 C . .' Q 0·e, C';-t 'iF\\c)
G§Qf'D,,l xxx\ (/,\by, e() en, I -
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COUNCIL COMMUN ICATION
Date:
July 2 1, 2008
Initiated By:
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Agenda llem :
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Utili ti es D ·artm ent
I Subjecl:
Sou 1h ga 1e Sup plem enl # 163
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Staff Source :
S1ewa r1 H . Fo nda, Oirec l or oi U 1ilities
COl.JNCIL GOAL AND PREVIOUS COUNCIL ACT •ON
None.
Rt:COMMENDED ACTION
Th e Waler and Se wer Board, at th eir Jun e 10, 2008 m ee ling. reco mm end ed Co un cil aJopt a Bill fo r
an O rdinan ce app rovin g So u1hga1 e Supplemenl #163.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Th e Cit)' of Eng lewood provides sewage 1rea 1m en11 0 approximately 32 ,000 accounts outside th e
Cit)' thrm ,gh co n1ra c1s wi 1h numerous con nec l or dislric l s. Th e area is defin ed by 1h e natural
draina ge and ex tends south and eas t fr om Br oadway to th e Va ll ey Hi ghway and from Hampd en to
Lin rnln Av enu e ex cluding High lands Ranch . By co nlrac l, lh e Cily of Engl ewood must approve any
ad dilions of land 10 be se rved by 1h e dislric ls. Th ese are usuall y in -fi ll siluati c ns 1hat are within w hal
1h e Cit)' considers 10 b e 1h e area ii ha s commined 10 serve. Adequ ate capacit)' has b ee n p rovided
in 1h e 1reatmen 1 plant to accommodal e all su h futur e inclu sion s. Ann exa lion of 1hi s p arce l o f land
will not increase th e tap all oca tion oi th e Sou th ga te Sani tation Di stric t.
A requ es t was m ade by th e So ulhgate Sa nitati on Distri c t represenling th e owner, CAW Equities,
LLC , fo r inclusion of Supplement # 163 consis1ing of a par ce l to tali ng 2.7 acres into 1h e So uthga l e
Sa nitati on Distri ct. Thi s is in co njun cti on with a renova ti on of th eir res id ence, and th ey ar~
requ es tin g inclusio n into th e district fo r res id ential use. The prop erty is c urrenlly zo ned res idential
and n o changes in zoni ng or use ar e antic ip,lled Th e lega l is an ac hed as Ex hibil "A". The property
is loc,11ed between Colo rad o Boul eva rd and Steel ~ Stree l, norl h of O rch;ird Road in Greenwood
Village al 3800 E,1s t Lon g Roa d.
FINANCIAL IMPACT
None.
LIST Of ATT\CHMENTS
Minut es fr o m th e Jun e 10, 1008 Water and Sewer Board M ee tin g (refer to co py in cl ud ed w ilh 9 a i)
Res ulls of th e Jul y 7, 2008 Wate r and Sewe r Board Ph o ne Vo te (refer 10 c opy in cl ud ed wi lh 9 a i)
Propos ed Bill fo r Ordinance