HomeMy WebLinkAbout2002 Ordinance No. 036. (
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ORDINANCE No._%
S);;R!ES OF 2002
BY UTHORITY
COUNC IL BILL NO . 34
INTRODUCE': BY COUNCIL
MEMBER GARI,.;-:'!'
AN ORDI NANCE ,\UTHORIZING AN EASEMENT AGREEME NT BETWEEN THE
REGIONAL TRA1'SPORTATION DI STRI CT (RTD ) AN D THE CITY OF
ENGLEWO OD, COLORADO WHICH PERTAINS TO THE CONSTRUCTION OF
THE RTD MAINTENANCE FACILITY ON TH E FORMER GENERAL !i{ON WORKS
S IT E.
WHEREAS, the Regional Transportation District (RT D) aseembled la nd in
Englewood a nd Denver to build a li ght r ail train ma intenance facility a nd troin s torage
yard ; and
WHF.REAS, RTD h an acq uired fee title to th e property which is the subject of thie
eaeemeut; and
WHEREAS, RTD will be constructin g the li ght rail train maintenance fac ility in
Englewood immediately south of the Englewoo d City limite, the ce nteriine of West Ya le
Avenue extende d: and
WHEREAS , the Building Code will permit the proposed light cail train maintenance
facility in the proposed loca tio n only with t he aesurancee that no other building will be
co nstructed within a specified di stance; and
WHEREAS, the attached Easement Agreement provides euch aseurance;
NOW, THEREFORE, BE IT ORDAINED BY T HE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, CO LORADO , AS FOLLOWS :
~-The Agree ment between RTD and th e City of En gl owood entitled
"Easement Agr ee ment" which includes 0 .364 ac res as s hown on Attachme nt A, is
her eby acce pted and a pprove d by the Englewood City Council. A copy of said
Agreement is a ttached hereto as "Exhibi t l " a nd incorp orated herein by reference .
~-The Mayor and City Clerk a re hereby a uthorize d to sign and attest,
r ee pec tive iy, the said Eaee ment Agreeme nt for and on behalf of t he City Co uncil and
the City of Englewood , Co lor ado.
Introduced , read in full , and paBBe d on first readin g on the 1st day of J uly, 2002.
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Published•• a Bill for an Ordinance oo the 5th day of July, 2002 .
Rend by title and passed on final re ading on the 15th day of July, 2002 .
Publ.i3hed by title as Ordinance No4 Series of 2002, on the 19th day of July,
2002. .
I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, h ereby C\'r tify
that the a bov e and forego in g is a true co p~_:if the Ordinance pass d or. final read;ng
a nd published by title as Ordinance No . .:.p Series of 2002 .
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EASEMENT AGREEMD/T
This easement is granted this __ day of ___ , 2002 between the Regional
Transponat io n District (Granto r) whose address is 1600 Blake Street, Denver , CO 80202,
attention. Director, Planning and Development , and the City of Englewood (G rantee),
whose address is I 000 Englewood Parkwa y, Englewood, CO 80 110, attention, City
Manager, CO on the property (the propeny) described as follovrs :
See Exhibit A, attached.
Grantee , its heirs, successors and as si gn s shall be entitled to open space and absence of
constructed improvements on the surface of propen y. Said easement shall run with the
land and is for the use and benefit of Grantee to ensure adeq uate setback fro m
improve ments on Grantor's propeny to Grantee 's streets and roadways.
Grantor retains all subs urface rights of use on said easemen t, all rights of ac cess and
egress ove r and across said easement. and the rig ht to place plants or landscapi ng
materials. signs. marking s. and non-permanent structures over on and across said
easement. Grantor retains all rights ot·use and ownership not inconsistent with Grantee's
right to ope n space and the absence of permanent construc ted improve ments .
Grantor retains all right of ,evener in the eve nt th at Grantee 's boundaries, or street or
roadway network changes and saiJ easement is no longer req uired by Grantee fo r se tback
purposes .
[n Witness \Vhereof. the pa11ies hereto have execu ted the within .-\greement as of
the day and yea r fir st above written .
Granter :
The REGIONAL TR.-\, SPORT .-\ TION DISTRICT
By:
Name :
Title : c;..,,,,--.
AA'IOV!D AS TO LfG,t.L fO QM fO I fHl
R?QONAI. iRA N3 ?0H..>.TtO N Ci:i11UCT ,
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ACK NOWLED GME NT
S1a1c of Colorado
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Count y of Den ver )
b{ The foregoing instrument was acknowledged before me 1hi~ay of ,,,.. .. ,j,.,JJ~-. .
, 2002. by~/,.,,"''-.., acung on behalfof1he Regional Transponatton
□i91ric1.
V Witness my han<l ant! offic£seal. '-·. t ,-Jo "" My i:ommission expires -< ""l • ..__ ,, .
'-·r~A .. <.A-K.,.
Notary Public
Ai:know!e<li,'lllenl ant! !\i:cep1ance by lhe City of Englewood
The Ci1y or Englcwoo<l acknowle<lges and accepts 1he conve yance of 1he foregoing
easement hy 1he Regional Transportation District.
For 1he Cit y of Engl cwooJ
By:----------
Ma yor-Beverly J . Bradshaw ATI'EST :
U'.lllCr i shia A. I::llis, City Clerk
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: .Carter ==Burgess
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987082 .040 .1.3218
Apri l 22 , 2002
PropertV De sc ription
Yard Easement
21-, I on, !lf't111 'v\Q N :u,11 1700
Ottwff -=~JoOCO . )20 1-.'.IJ I
=-t,,0"• lOJ 820 5',_.~
=a• JO3 s20 21.:J £
A parcel of land lying in the Southwest Quarter of the Southwest Quarter of Section 27,
Township 4 South. Range 68 West of the Sixth Principal Meridian , City and County of
Denver , Colorado being more particularly described as follows:
COMMENCING at the Southeast Comer of said Southwest Quarter of the Southwest
Quaner of Section 27 ; (Fo und 2" aluminum cap on rebar in range box stam ped PLS
24942 -2000);
WHE'.'ICE the Southwest Corner of said Southwest Quarter of the Southwest Quarter of
Section :7 (Found 3 ¼" abrn.inum cap in range box marked PLS 22571 -1993 ) be:irs
S89 °30'04"W a distance of 1325 .42 feet (Basis ofBe:iring -assumed);
THE'.'ICE SS9°30'04"W along the southerly line of the Southwest Quaner of the
Southwest Quaner of Section 27 a distance of 204.9'.! feet to the No rtheast Comer of Lot
3, Gene,J! Iro n Works Subdivi sion. rec orded in Book 87, Page 25, Rece ption Number
260925v in the Arapahoe County Clerk and Reco rders Office, being the POfNT OF
BEGrNNING;
THE NCE S89°30'04"W continuing along said southe rl y line of the Southwest Quarter of
the Southwest Quaner of Section 27 a distance of 6:0.02 feet ;
THENCE NI !0 09'55"E along the easterl y Right of Way line of the .->.tchison. Topeka &
Sant.1 Fe R.lilroad. being fifty (50) feet easterly of and parallel "ith the cenrerline of said
Atchison . Topeka & Santa Fe Railroad main track s , dist anc e of 25 .53 feet ;
THE 'CE N89 °30'04"E along a line being 25J'':i ie et no,:_'1erly of and parallel with said
southerl y line of the Southwest Qu:iner of the Southwest Quaner of Section 27 a distance
o f 61-!.98 feet:
THF.-iCE S00°14'08"E a dis tance of25.00 feet to the POINT OF BEGINNIN G.
Containing I 5.~3 7 sq uare feet. (0 .354 Acres ), more or less .
Job
For and on ~J.'~ll ,,-f'
Of C:irter & B~e~!ll 1111"
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W\l UC. I. tun st.
l hrti • l'COII.
ELATI MAINTENANCE fAC ILIT Y
CITY AND COUNTY OF DENVER, CO LORADO
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EXfllBIT
YA RD EASEME NT
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COUNCIL COMMUNICATION
D ATE : /I.GENOA ITEM : SUBJECT:
Jul y I , 2002 10a ii Easement Acceptan ce
INITIATED BY : STAFF SOURCE:
Co mmunity Develo pment Department Mark Graham, Se nior Pla nner
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION :
• The sub jec t ea sement is necessary to permi t RTD to build the Elati Maintenance Faci lity on
the fo rm er General Iron Work s site.
RECOMMENDED A CTION:
•aff req ues ts that Council adopt an o rdinan ce to ac ce pt th e subj ect "Easemen t Agree m ent"
-<CKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED :
The Reg ional Trans po rtati on District (RTD ) asse mbled land i n En glewood and Denver to build a
ligh t rai l trai n maintenance fac ili ty and trai n stora ge yard. RTD will be building their building in
Eng lewood imm ediately so uth of the Eng lewood City lim its, th e ce nterlin e of West Ya le Avenue
extended . The City limits at Yale are also th e north prope rty li ne o f l!1e General Iro n Works Subdi-
vis ion. The Building Code will pe rmit the proposed buildi ng in the propose d loca tion o nly w ith th e
assurances that no o ther bu ildin g w ill be co nstructed w ithin a specified distance. Th e Ease ment
pr ovi des that assura nce.
As a p ractical matter, th e main tena nce faci li ty is surrounded on th ree sides wi th tracks some th at
permit th e tra ins to access the service bays and so me for ove rnigh t sto ra ge. The loca tion of th e
tracks and re quired pa rking make it unlikely tha t an y constructi on could occur in the ea sement
area . While th e subject Easement Agreement between RTD and th e City of Englewoo d gra nts
Eng lewood the pro perty right tha t no pe rmanent stru ctures will be built on the easeme nt. th e
ease ment pe rm its o th er us es including tracks, road s, signage, and lands caping. The ea sement w ill
be o n the Denver side of the property line and re corded in City and County of D enve r as w ell as in
A rapahoe Coun ty .
FINANCI AL IMP ACT:
No fi nan cia l impac ts to the City w ere identified.
LIST Of ATTACHMENTS:
Bill fo r O rdi nan ce
Easeme nt Agreemen t
Map