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Home My WebLink About2007 Ordinance No. 021• • • ORDINANCE NO . 2.L SERIES OF 2007 BY AUTitORITY CONTRACT. NO, 1./;,-J. «, 7 COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE VACATING A I.Jl'ILITY c.ASEMENT WHICH WAS PETAINED IN THE VACATED ALLEY lHROUGH THE PROPERTY LOCATED AT 3~00 SOUTH SHERMAN STREET OCCUPIED BY THE ENGLEWOOD MASONIC LODGE NO. 166 AND RESERVED TO THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the City Council of 1hc Cify of Englewood passed Ordinance No. 33 , Series of 1969 which vacated the alley and retained a Utility Easement; and WHEREAS, in 1969 the alley was vacated because it served no usefu l purpose since .ie alley was blocked by the Masonic building that sat over the alley ; and WHERE.\•, the City bas received an application for redevelopment of this site, the redevelopment will demolish the existing Masonic building and a minor subdivisio:~ wiH divide the site into two pro penies: one propeny will cnntain a new Masonic Lodgr. and the other will contain four condominium buildings with ,.,,-dical offices on the ground flr,or and residential condominium units above ; and WHEREAS, the Utility Easement retained by the City in 1969 will be obsolete with the redevel opment and no longer necessary as utilities to the two proposed propenies can be accessed from adjacent streets ; and WHEREAS, the Unified Development Code prohibits building any structure within an easement ; and WHEREAS abandoning all utilities makes the Utility Easement no longer necessary and th e City 's vacati on of the Utility Easement is needed in order to accomplish the proposed redevelopment of the site; and WHEREAS , the pas sage of this Ordinance will author :ze the vacation ofa pon '.on of the Utility Easement reserved with the passage of Ordinance No . 33 , Series of 1969; and WHEREAS , three utility providers: Comcast, Qwest and Xcel Energy, do not have any utilities in the easement and each utility provider bas agreed to vacate their right to use the easement and bas signed such documents that will be recorded with the Arapahoe County Clerk; and WHEREAS , the Englewood Utility Depanment bas identified an existing sanitary sewer main within the easement, the applicant proposes to obi, :n sewer service from other existing lines and does not intend to use the current sewer line . The applicant will remove the sewer main at their cost, per Englewood Utilitios Depanment specifications , leaving no utilities with in the retained easement; and -1- 9 b iv WHEREAS. the Englewood Water and Sewer Board, at their March 13, 2007 meeting, recommended City Comcil approval for the Utilities Department to vacate the existing sewer easement in the vacated alley through the property commonly known as 3SOO South Sherman Street and previously occupied by the Englewood Masonic Lodge No . 166; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: ~-The City Council of the City of Englewood, Colorado hereby vacates a portion of the Utility Easement located in the 3SOO South Sherman Street , as shown on attached "Exhibit A": Lots I to 11 inclusive, Lots 40 10 SO inclusive and vacated alley between the Lots, Block 3, Birch's Addition to South Bro•dway Heights , Second Filing Introduced, read in full, and passed on first reading on the 19th day of March, 2007 . Published as a Bill for an Ordinance on the 23"' day of March, 2007 . Read by title and passed on final reading on the 2nd day of April , 2007 . Published by title as Ordinance No .~, Series of 2007 , on the 6th day of April, 2007 . I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a tru~ copy of the Ordinance passed on final reading and ,-bll•™"~••••O-No'el,>mo~q Loucrishia A. Ellis -2- • • • • 8 d 0 I ! L .. ----' -~ --- . ! ~ ------.. ----r- A S. SHEAMAN STREET {:io'Mll 'l,I I I NO'OO 27:>.00 S. GRANT STREET cw11.o.-.1 l-r' LJ Legend • Sewer Manholes ·-Sewer Ma ins 1 inch equals 100 feet • • • COUNCIL COMMUNICATION Date: Agenda Item : Subject: March 19, 2007 11 a iv Utilities Department Vacation of the Sanitary Sewer Ease ment at the Masonic Temple Initiated By: I Staff Source: Utilities Dep artm ent Stewart H. Fonda , Director of Utiliti es COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION At the ir March 13, 2007 meeting, the Engl ewood Water and Sewe r Bo ard recomm ended Council adopt a Bill fo r an Ordinance ap pr ovi ng the Utilities Department vaca tic 0 of an exis tin g sa nita ry sewer easement in the vac ated alley th ough the property comm onl y known as 3500 South She rm an St reet and previously occ up ied by th e Englewood Maso ni c Lodge No . 166 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED EMC Deve lop ment Company is proposing to demo lish the existi ng Masonic building and has submitted a subd ivi sion applicati on to di vi de th e site into two properti es. One property will con t.-in a new Masonic Lodge and the other will co nt .in fo ur con domi nium bu ;~ings wi th medi ca l offices on the ground floor and residenti al co nd ominium units above. Th e Masonic Temp le property is lo cated in the 3500 block betwe en Sherman and Grant Streets . To faci litate the proj ect, the Commun ity Dev elopm ent Department ha s r~q s ested th at the Utilities Departm ent vacat e its abandoned sanitary sewe r ma in to accommodate th e planned developmen t. The alley was previously vaca ted beca us e it served no useful purp ose since the alley wa s blocked by the Masonic building that sat over the alley. However, a utility easement was retained. A!I other pertinent utilities have pre vio usl y been vacate d. FINANCIAL IMPACT None . LIST OF ATTACHMENTS Letter from Community Deve lopment dated February 21, 2007 Proposed Bill for an Ordinance • • • C {' T y 0 F COMMUNITY ENGLEWOOD DEVELOPMENT TO: THRU: FROM : DATE : SUBJECT : Wa ter and Sewer Bo ard V Robert Simpson , Director, Commun ity Development /7 Tricia Langon, Senior Plann e.!,f'v February 2 1, 2007 Util ity Easement Vacation 3500 South Sherman Street The Community Development De partment requests th at th e Water and Sewer Board cons ider the vacation of the utility e:isement retained in the vaca ted all ey that runs through the property common ly known as 3500 South Sherman Street anj previously occupied by th e Englewood Masonic Lodge No. 166. This request is being mad e on behalf of th e property owner, EMC D evelopme nt Compa ny, LLC , who plans to red eve lop the site. The redevelopment includes a new Masonic Lodge and four bui ldings with ground noo r medica l offices and resid ential co nd omin ium units above. An underground. parking garage w ill serve all users . Th e sub jec t uti lity easement is located south of East Hampden Avenue betwe ' n So uth Sherman and South Grant Streets within th e six teen fee t w id e north-sou h all ey vacated by Counci l through Ordinance No. 33 , Series of 1969. The all ey wus vaca ted because it se rved no us eful purpose since it was blocked by the M aso nic building that sat over th e all ey . The retained utility easemen t contains an existing Eng lewood Utility Department sanitary sewer main. The applicant ~ mposes to obtain sewer service from o th er ex isting lin es and does not intend tc ·,e th e sewer line loca ted in th e ease ment. The ap plicant wi ll remove the sewer main per Englewood Utiliti es Department specifications leaving no utilities w ithin the easement. This req ues t has been forward to the thre e external utility providers fv r the City: Comcast, Qwest and Xcel Energy . No utilities offered by these providers are located within the easement and each provider has furnished a letter stating th ey hav e no objection to vaca ting the easement (See attached). The Englewood Municipal Code prohibits build ing any structure within an easement. The vacatio n of the utility easement is necessary to accomplish the proposed redeve lopment of the site . IO0 0 Englewood Parkway Englewood, Colorado 80110 PHONE 303,762-2342 ff,)( 303-783 -6895 www.e nglewoodaov.org • • • @omcast February 22, 2007 City of Englewood I 000 Englewood Parkway Englewood , CO 80110 RE : Case # SUB2006-0000 I 6 Comcast has no objections to vacating the 16' utility easement, based on the letter dated January 25 th 2007 recei ved by Comcast. If you have any questions on this matter I can be reached @ 303 .603 .2932 . Comcast Colorado Market Construction Supervisor 10312 W. Hampden Ave Frontap ROid South Lakewood, CO 10227 303-dOJ.2932-0fflcc l0l-603-2970.Fu: ICOl'l_moorc@cablc.comcast.com • February 13 , 2007 Cily of Englewood Community De velopment Ms. Tricia Langon , Senior Pl anner 1000 Englewood Parkway Englewood , CO 80110 RE : Easement Vacation Case No . SUB2006-000016 PP! No . 2077-03-1-05-001 3500 S. Sherman S1ree1 , Englewood , CO Dear Ms. Langon, ~ Qwest. Sp ir it of Servic,' Qwe s1 Corporalion has re vi ewed the materials you provi ded fo r 1h e abo ve referenced project • Qwe st hereby offers no objection to the easement vaca lio n re quest If you ha ve any que slions , ple as e call me al 303-784-02 17. Sincerely , • //4~ Charles Place Qwes1 Corporation Right of Way Manger 9750 E. Costilla Ave., Englewood , CO 80112 (},, Xcel Energy ·· • ,u111c SflVICl COM,ANY 560 15th StrN~ Su itt 700 Dtnvtr, Coloredo I0202-4J&8 Ttltphone: M .171.7111 FKlimllo: 303 .571. 78n February 8, 2007 City of Englewood Community Development 1000 Englewood Parkway Englewood , CO 80110 Attn : T ri cia Langon Re : Easement Vacation at 3500 South Sherman Street, #SUB2006-000016 Public Service Company of Colorado (PSC o) has no apparent conflict with the Easement Vacatlo 11 at 3500 South Sherman Street. If you have any questions about this referral respons e, please contact me at (303) 571- 7029 . • Thank_,rou , //!.R~ .«:!z'u-..,. • Teresa Wilson Contract Right of Way Processor Siting and La nd Rights Cc : Bill Schulz , PSCo