HomeMy WebLinkAbout2004 Ordinance No. 057•
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ORD INANCE NO . ..f5!/_
SER IES OF 2004
BY AUT HOR ITY
CONTRACTNO, /()8-J.Oo'f
COUN CIL BI LL NO . 57
INTRODU CED BY CO UNCIL
MEMB ER BRADSHAW
Ai OR DI NANCE AP PR OV ING SUPPLEMENT NO. 158 TO THE SOUTHGATE
SAN ITAT IO DIS TRICT CO\;NECTOR 'S AG REEMEN T FOR THE INCLUS ION OF
LAND WITH! TH E DISTR ICT BOUNDARIES .
WH EREAS , So uth ga te Sa nita ti on Distric t recom mend s th e in clu sion of
approxi mately 10 .0436 ac res int o th e District ; and
WH ERE AS . said in clu sion consists of two parcels (Parce l A and Parce l 13); and
WH EREAS . Parce l A co nt ains an existing re sid ence at 3720 E. Willi amc ll c Lane
and co mpri ses 5.1734 ac re s; and
WH EREA S, Parc el B co nsi sts of Lots I an d 4 com pri si ng 4.8702 ac re s of vac an t
land with servic e requirement s to be dct cm1 incd; and
WH EREA S, tnc adjacent propcnics arc loca ted ca st of Uni ve rsity Boul eva rd and ,
so uth of Will ia mcuc Lane and west of Co lorad o Boulevard in Gre enw oo d Villa ge; an d
WHEREAS , th e zoning of th ese propen ics in Greenwood Vi lla ge arc for Re siden tia l
Zoning and eac h parc el contains a sin gle-family residence and th e proposed use is to
remain th e same; and
WHEREAS , sa id annexatio n of th ese additi onal parce ls of land will not in creas e th e
tap allocatio n to th e Southgate Sanit ation Di strict ; and
WHEREAS, the En glewood Water and Sewe r Board recomme nd ed approval of
Supp lemen t No . I 58 lo the Southgate Sani tation Di str ict at it s Oc tober 12, 2004
mee tin g;
NO W, THEREFORE , BE IT OR DAINE D BY THE CITY COUNC IL OF THE CITY
OF ENG LEWOOD , COLORA DO, AS FOLLOWS:
~. The Agreement between th e Ci ty of Eng lewood and Southgate Sa nitati on
Distr ict en titled "Supplement No . 15 8, to Connec tor 's Agreement ", whic h includes 1wo
parce ls t Parcc l A and Parcel B). Par cel A co nt ains an ex is ting re side nce at 3720 E.
Williamcllc Lane and co mp rises 5. I 734 ac res . Parce l B co nsists of Lots I and 4 and
co mpri ses 4 .8702 ac re s of \'aca nt land with se rvice req uirement s to be determined . The
adjacent properties arc located ca st of Univer sit y Boul evard and , sou th of Williamettc
Lane and we st of Col orado Boulevard in Gree nw ood Village . Supplemen t No . 158 To
Co nnector's Agreement is hereby accep ted and approved by the Englewood Ci ty
Cou nci l. A copy of said Ag reeme nt is atta ched hereto as "Ex hib it I '' and incorp orated
herein by refe ren ce .
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Sec ti on 2. Th e Ma yo r and Ci ty Cler k arc hereby authori ze d to sign and a1t cs 1,
respec tiv ely , th e.· said Agr ee ment fo r and on behalf o f th e Ci ty Council and th e City of
Englewood. :alorado .
Int rod uced , read in full , and passed on first reading on the 18t h day of October, 2004.
Published as a Bill for an Ordin anc e on th e 22 nd day of October, 2004.
Re ad by title and passed on final readi ng on th e I st day of November, 2004 .
Pubh sl ,cd by 111 1c as Ordmance No f!l._, Series of 2004, r7~7f
No,emO« ,00< .1:1~
'ugias Garrett , Ma yo r
I, Lo ucri shia A . Elli s, City Clerk of the C ity of Englewood , Colorado, hereby
ce rtify th at the above and foregoing is a tru e C9a'11f the Ordinanc passe d on final
reading and published by title as Ordinance No".J_j_, Series of 2 .
~0 -~I . . Louer,s 11a A. Ellis
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SUPPLEHEHT NO.~ TO CONNECTOR'S AGREEMENT
THIS AGREEMENT, made and entered into by and_,, the CITY OF
ENGLEWOOD, acting by and lhrough its duly authorized Mayor aid Clly Clerk. hen!inaftar
called lhe "City," and SOUTHGATE SANITATION DISTRICT, ,wpahoe and Douglas
Countiet , Colorado , hentinafter called !he "Dlatric~ •
wmlESSETH:
WHEREAS, on lhe 20th day of June. 1961, lhe Ci:y and the District ent819d
into an Agreement in which lhe City agreed to llllat sewage originating from lhe District's
s,,nitary sewer system within lhe allla served by lhe District. which Agreement waa most
recently renewed by Connecto(s Agreement damd N<Mmber 16, 1966 ; and
WHEREAS , said Connecto(s Agreement p1t>vides lhat lhe distrid may not
1,nlarge its service area without lhe written oonsent of lhe City;
NOW, THEREFORE. in oonsideration of lhe mutual oovenants and
undertakings herc,in set forth, lhe panies agree as follows :
1. The City hereby consents to the inclusion of certain additional area
located in Arapahoe Counry , Colorado, owned by Olano 0 . Writar and more fully
described on Exh ibit A attached hereto and incorporated herein by reference , into
So, 11gate Sanita tion 'Jistrict. The City agrees lhat said additional area may be served
with lhe .awer facilities of the D:strict , an d Iha! lhe City win treat lhe sewage disch arged
imo the City's trunk line from said additional area , all in accordance with the Connector's
Agreement dated November 16, 1988 . Accord ingly, Exhibit A referred to in Paragraph 1
oflhe Connecto(s Agreement dated November 18, 1988, is hereby amended to Include
s, ,ti additional area .
2. Each and every other provision of the said Connector's Agre43ment
dated November 16. 1988, shall remain unchanged .
IN WITNESS WHEREOF, lhe parties have se t their hands and seals lhis
_dayof __ ,200_.
ATTEST:
CITY CLERK
(SEAL)
CITY OF ENGLEWOOD
By : ~M-AY_O_R _____ _
SOUTHGATE SANITATION DISTRICT,
ARAPAHOE AND DOUGLAS COUNTIES,
COLORADO
By: ,/J,, fu,~,V
PRESIDENT
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EXHIBIT A
(Legal Descript ion )
That portion of Lots 245 and 246 , South Denver Gardens , together with that
portion of the adjoining North 1/2 of vacated Price Avenue, being in the
northeast one quarter of Section 13, Township 5 South , Range 68 West of
the Sixth Principal Meridian, City of Greenwood Village , County of Arapahoe ,
Stat.e of Colorado, described as foll wws: commencing at the east one quarter
comer of said Section 13: thence North o• 13'15" West along the east line of
said northeast one quarter 658. 17 fe et to the centerline of vacated Price
Avenue ; thence South 89"57'15" West along the centerline of said vacated
Price Avenue 675 .00 feet to the Point of Beginning of the herein des cribed
parcel; thence North o• 13'15" West parallel with the East line of Said
Northeast one quarter 329.16 feet; thence South 89"59'50" West 25 .00 feet:
thence North 0"13'15"' West 8.00 feet: thence South 89"59'50" West 61.00
feet : thence North ~3"50'00" West 67 .67 feet ; thence North 77"02'08" West
457.14 feet to a point on the easterly right of way of the Highline Canal ;
thence along the following three (3) courses on said easterly right of way
line ; {1) thence South 3"21'12" East 187 .05 feet to a poin t of curve ; (2)
thence soutl1easterly along a curve to the left having a radius of 548 .6 8 feet,
a central angle of 20"41'59" and an arc length of 198.23 feet to a point of
tangent: (3) thence South 24"03'11" East along said tangent 121 .16 feet to
a point on the centerline of said vacated Pri ce Avenue : thence North
89 "57'15" East along said centerline 472 .62 feet to the Point of Beginning .
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Lot 1 and Lot 4 in tra c!s 243 . 244 and 245 South Denver Gardens and the
South 1 /2 of vacated Williamette Avenue adjoining Lot 1, County of
Arapahoe , State of Colorado, described more fully in that cert ain special
warra nty d ed made May 25, 1976 by and between Norman D. Wr iter and
Ronald R. Pfister and Marie M. Pfister recorded May 27, 1978 in Book 2452
at Page 162 of the records of the Clerk and Recorder of the County of
Arapahoe , State of Colorado .
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To : Southgate Sanitation District
Re : Lots I and 4, South Denver Gardens
This property contains 4.8702 acres of vacant land and is zoned R-2 .5 for single family
residences. No changes in zoning or use are anticipated. The service requirements and
construction schedule are still to be determined.
To : Southgate Sanitation District.
Re : 3720 E. Williamette Lane
This property contains 5. 1734 acres and is zoned R-2.5 . A single fiunily residence
already exists on the property, and no changes in zoning or use are anticipated . The
service requirements and schedule are still to be determined .
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Parcel "A"
EXHIBIT A
{Legal Description )
That portion of Lots "45 and 246 , South Den ver Gardens , together with that
portion of the adjoining North 1/2 of vacated Pri ce Avenue , being in the
northeast one quarter of Section 13 , Township 5 South , Range 68 West of
the Sixth Principal Meridian , City of Greenwood Village , County of Arapahoe,
State of Colorado , described as follows : commencing at the east one quarter
comer of sa id Section 13 ; thence North 0'1 3'1 5" West along the east line of
said northeast one quarter 658 .17 feet to the centerline of vacated Price
Avenue ; thence South 89 '57'15" West along the centerline of said vacated
Price Avenue 675.00 feet to the Point of Beginning of the here in described
parcel ; thence North 0'13'15" West parallel with the East line of Said
Northeast one quarter 329 .16 feet ; thence South 89 '59'50" West 25 .00 feet;
thence North 0'1 3'15" West 8.00 feet; thence South 89'59 '50 " West 61.00
feet ; thence North 43'50'00" West 67.67 feet ; thence North n °02'08" West
457 .14 feet to a point on the easterly ri ght of way of the Highline Canal;
thence along the following three (3) courses on said easterly right of way
line; (1 ) thence South 3'21'12" East 187 .05 feet to a po int of curve ; (2)
then ce southeaste rly along a curve to the left having a radius of 548 .68 feet,
a central angle of 20 '41'59" and an arc length of 198 .23 feet to a point of
tangent; (3) thence South 24 '03'11 " East along said tangent 121 .16 feet to
a point on the centerline of said vacated Pri ce Avenue ; thence North
89 '57'15" East alcng said centerline 472.62 fee t to the Poi nt of Beg inning.
Lot 1 and Lot 4 in tracts 243 , 244 and 24 5 South Denver Gardens and the
South 1 /2 of vacated Williamette Av enue ad joining Lot 1, County of
Ara pah oe, Sta te of Colorado, described more fully in that certai n speci al
warranty deed made May 25, 1976 by and between Norman D. Writer and
Ronald R. Pfister and Marie M. Pfister re corded May 27, 1978 in Book 2452
at Page 162 of the records of the Clerk and Recorder of the County of
Arapahoe , State of Colorado .
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COUNCIL COMMUNICATION
Dale:
Oc1aber 18 , 2004 I
Agenda llem :
9 a ii I
Subjecl:
Sou 1h ga1e Supplement No. 158
lniliated By :
U 1ili1i es Depar1m en1 I
Staff Source:
S1ewa rl H , Fo nda, Director of Ut iliti es
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
N on e.
RECOMMENDED ACTION
Th e Water and Sewer Boa rd, al th ei r October 12, 2004 mee ting, recommended Council approval
of a bi ll to, an o rdinance approving So uthgale Supplement No. 158.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Th e City of Englewood provides sew age tr ea tm ent 10 a population of abo ut 70.000 people outsi de
th e City thr ough co ntrac ts wi th num ero us co nn ec tor distri cts. Th e area is defined by th e natural
drainage and ex t ends so uth and ea st from Broa dway lo lh e Va ll ey Highway and from Hampden to
Lin coln Ave nu e excl udi ng H ighla nd s Ra n ch. By con tra ct th e City of Eng lewood mus! approve an y
add itions 0f land 10 be served by th e districts. Th ese are usuall y in-fill situa ti ons 1ha1 ar e w ithin what
th e City co nsid ers to be th e area it has commiued 10 serve. Adeq uat e ca pacity ha s been provided
in th e trea lment plant to ac co mm oda te all such fut ure inclusions. Annexat ion of this parce l of land
will not i nc rease the la p all oc ation oi the So uth ga te Sani tation Di stri ct.
A requ es 1 was ma de by the Sou th ga te Sa nit ati on District rep rese ntin g th e owner . Di ane D . Writer,
for inclusion of Supplement No. 158 con si stin g oi two parcels (Pa rcel "A" and "8 ") tota lin g 10.0436
acres into th e So uth ga te Sani tatio n District. Parc el ''A" co ntains an exis tin g residence at 37 10 E.
Wi lli am ette Lane which co mprises 5.1 734 acres . No chan ges in zo ning or us e are anti cipated. Th e
lega l is au ached as Exhibit "A". Parc el "8" co nsi sts o i Lo ts 1 and ,I w hi c h compris es 4.8702 acres of
vacant land zo ned fo r a single fa mil y resid ence wi th se rvice requi remen ts to be dete rmin ed. The
adjacent pro perti es are located ~as t of U ni ve rsi ty Boulevard, so uth of \1\l illi ame 1t e Lane and wes t of
Co lorado Bm1l evard in Gree nw ood Vill a 'e.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
81II for rd tn ,:mce.
Su uth~3t e S,11 u1.111 on Dis tri ct Sup plement '\J o. 158 .