HomeMy WebLinkAbout2007 Ordinance No. 017•
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ORDINANCE NO . l'l
SERIES OF 2007 --
BY AUTHORITY
.CON'111ACE ~ 41-~OD7 9 b i
COUNCIL BILL NO . 17
INTRODUCED BY COUNCIL
MEMBER TOMASSO
AN ORDINANCE AUTHORIZ!Nu THE ACCEPTANCE OF A TRANSPORTATION
UTILITY EASEMENT LOCATED ADJACENT TO SOUTH CLARKSON STREET
AND EAST DARTMOUTH A VENUE .
WHEREAS, Environmental Homes of Colorado LLC, the owner of the propeny localed
al 3100 South Clarkson Avenue is subdividing the propeny into two lots; and
WHEREAS , review of the Subdivision and American Land Title Association survey, it
was determined that a traffic signal pole belonging lo the City of Englewood was
encroaching on Loi I oflhis propen y; and
WHEREAS, as pan of the sulxiivision process, a Transpona1ion Utility Easement is
required from the propeny owner to keep the traffic sigr.al pole on pub li c propeny; and
WHEREAS, the propeny owner has agreed 10 dedicate a five fool by five fool triangular
Transponat io n Utility Easement adjacent 10 South Clarkson Street and East Danmouth
Avenue; and
WHEREAS, the passage of this Ordinance authorizes the City 10 accept a fi ve fool by fi ve
fool triangular Transpona1ion Utility Easement localed adjacent 10 South Clarkson Street and
East Danmoulh Avenue ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Sec1jon I. The City Council oflhe City of Englewood, Colorado hereby authorizes the
acceptance of a five fool by five foot triangular Transpona1ion Utility Easemcr.! from
Environmental Homes of Colorado LLC , localed adjacent 10 South Clarkson Street and East
Danmoulh Avenue, anached hereto as Anachment I.
Introduced , read in full, and passed on first reading on the 5th day of March, 2007 .
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Published u a Bill for 1111 Ordinance on the 9th day of March, 2007.
Read by title 1111d puaed on final radina on the 19th day of March, 2007 .
Published by title u Ordinance No/2-, Series of 2007 , on the 23rd day of March,
2007 .
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify
that the above and foregoing is a tNe1~y of the Ordinance passed on final reading and
published by title as Ordinance No .LL, Series of 2007. -~~'ts
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GRANT OF TRANSPORTATION AND UTP,ITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that ENVIROMENTAL HOMES OF
COLORADO LLC, 1353 Apex Road, Franktown, Colorado 80116-8528, Owner of Lot I, Block
20 , EV11Uton Broadway Addition, County of Arapahoe, for and in co111ideration of Ten Dollan
($10 .00) and other good and valuable consideration, does hereby grant and convey to the CITY
OF ENGLEWOOD, & municipal corporation duly organized and existing under and by virtue of
the constitution of the State of Colorado, a permanent right of ent,y and permanent access ,
transportation and utility casement on the property described in Exhibit "A", which is attached
hereto and incorporated herein by this reference (hereinafter the "Euement Premises"), upon
which to construct, reconstruct, operate, remove, repair and maintain access, transportation and
utility facilities and related appurtenances across , on, under and through the Euemcnt Premises
described real property situate in the City of Englewood, County of Arapahoe, State of Colorado,
to wit:
TRANSPORTATION AND UTILITY EASEMENT
A parcel of land located within Loll, Block 20 , Evanston Broadway Addition, more
particularly describes as follows :
Beginning at the Northwest comer of said Lot I; thence East and along the Nonh line of
said Lot I, a distance of 5.00 feet ; thence Southwesterly, a distance of 7.07 feet, more or
less , to a point on the West line of said u,t I, said point being 5.00 feet South of the
Northwest comer of said Lot I; thence Nonh and along the West line of said Lot I, a
distance of 5.00 feet, to the point of beginning,
County of Arapahoe , State of Colorado .
Containing 12 .50 square feet or 0.0003 Acre .
Reserving, however, to the undersigned, its successors and assigns, the right to utilize and enjoy
the above-described premises providing the san1e shall not interfere with the construction,
maintenance, repair, inspection and operation of said traffic control device and providing further
that the grantor shall not cause substantial improvements to encroach upon the above-described
Transportation/Utility Easement right-of-way, and the City shall not be liable for removal thereof
if so placed.
SIGNED this J::1.5.y of~. 2007 .
E~OMENT HOMES OF COLORADO LLC
By: ~~{Aer
STATE OF )
) ss .
COUNTY OF )
,{ e foregoing instrument was acknowledged before me this ~.o/;.y of
..:J;,.~:ll:::!~Zd:~--' 2007, by Richard H. Ludwig as Manager ofEnviromcnt Homes of
the owner of 3100 South Clarkson Avenue, Englewood, Colorado 80113 .
My Commission expires : 't :J!5 01
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EXHIBIT A
TRANSPORTATION AND UTILITY EASEMENT
3100 SOUTH CLA6 ;<SON STREET
EST DARTMOUTH AVENUE
(DEDICATED RIGHT OF WAY)
NORTHl+EST CORNER OF LOT I S.OO'
TRANSPORTA noN
EASEMENT
NORTH LIN£ OF LOT I
~,,,_ \
*L,......_/> :.~ >...---_---.--___.______
V •\)"'
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LOT 1
MST LIN£ OF LOT I
\ 6958 : ~ ... I •.Jo . />f>!J
LEGAL DESCRIPTION FDR TRANSPORTATION AND UTIUJY EASEMENT \;~;_-.. '"!,'.,( °l -:,;,.",t-1i·LAt\v.\:.:,:-'
A PARCEL OF LAND LOCATED 'MTHIN LOT 1, BLOCK 20, EVANSTON BROADWAY AD0t'flON ,., .. : .. ·
MORE PARTICULARLY DESCRIBED AS FOLLOWS :
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE EAST AND ALONG THE NORTH
LINE Of SAID LOT 1, A DISTANCE Of' 5.00 FEET; THENCE SOUTHWESTERLY, A DISTANCE Of
7.07 FEET, MORE DR LESS, TO A POINT ON THE WEST LINE OF SAID LOT 1, SAID POINT
BEING 5.00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH AND
ALONG THE WEST LINE OF SAID LDT 1, A DISTANCE OF 5.00 FEET, TO THE POINT OF
BEGINNING,
COUNTY OF ARAPAHOE, STATE OF COLORADO .
;.ONTAINING 12.50 SQUARE FEET OR 0.0003 ACRE. JOB NO . 2006-2618
DATE: 11-2D-2006
REVISED : 1-30-2007
COLORADO ENQN[ERING ANU SURVEYING, INC . 3470 SOUTH SHERMAN STREET f2, ENGLEWOOD COLORADO 8D113 303-761-8055
• <.:OUNCIL COMMUNICATION
Date: Agenda Item: Subject:
March 5, 2007 11 a i Ordinance to accept a "Transportation/Utility
Easement" adjacent to South Clarkson Street and East
Dartmouth Avenue
Initiated By: I Staff Source :
Public Works Department Rick Kahm , Director of Public Works
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
There has been no previous Council action .
RECOMMENDED ACTION
Staff rfcommends City Council adopt a Bill for an Ordinance to accept a 5-foGt ~y 5-foot triangular
"Transportation/Utility Easement" adjacent to South Clarkson Street and East Dartmouth Avenu e.
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
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The owner of the property at 3100 South Clarkson Avenue is subdividing this property into two lots.
Upon review of the Subdivision and American Land Title Association (A LTA) survey, it w as
determined that a traffic signal pole belonging to the Ci ty was encroaching on Lot 1 of this property.
As part of the subdivision process, a Transportation/Utility Eas ement must be acquired from the
property owner to retain the signal pole in a public way. By obtaining this easement, the City will
avoid the cos t of relocating the signal pole. Th e property owner has agreed to dedicate this
easement to the City of Englewood.
FINANCIAL IMPACT
The City will pay $10.00 to obtain this easement.
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance