HomeMy WebLinkAbout2001 Ordinance No. 052•
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ORDINANCE NO . .52_-
SERIES OF 2001
BY AUTHORITY
COUNCIL BILL NO. 53
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE VACATrNG A PORTION OF TH E RIGHT-OF-WAY LOCATED IN
THE 2400 BLOCK OF SOUTH PECOS STREET BY THE CITY OF ENGLEWOOD,
COLORADO.
WHEREAS. the Right-Of-Way for t he 2400 block of South Pecos Street consista of a
thirty foo t (30') Right-Of-Way in Englewood and a thirty foot (30') Right-Of-Way in
Denver: and
WHEREAS , the City of Englewood received a request for vacation of the EneJewood
Right-Of-Way in tbe 2400 bloclr. of South Pecos Street: and
WHEREAS, the Right-Of-Way currently serves no purpose for the move ment of
traffic in the area; and
WHEREAS, the subject Right-Of-Way and adjacent areas were annoxed to the City
of Englewood in 1957 and are zoned I-2 , General Industrial District; and
WHEREAS, the City of Englewood paaaed Reaolution No. 101, Series of 1997,
authorizing the vacatio1; of the Right-Of-Way under three conditions; and
WHEREAS, the Englewood Department of Public Works has indicated that two of
the three conditiona have been fulfilled; and
WHEREAS, the third condition, the retaining of a thirty foot (3 0') utility and
drainage easement containing the existing water and sewer lines will be completed
with the passage of true Ordinance ; and
WHEREAS. the Englewood Planning and Zoning Commission r eviewed the vacation
of the Right-Of-Way of the 2400 block of South Pecos Street at their April 8 , 1997
meeting and recommended said vacation at that meeting:
NOW, THEREFORE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
5.w:1i.wl...l . The City Council of the City of Englewood, Colorado hereby vacates a
portion of t he Right-Of-Way in the 2400 block of South P ecos Street retaining a thirty
foot (3 0 ') utili ty and drainage easement for the existing water and sewer lines as
shown on attached Exhibit A.
Introduced . read i n ful l. nnd pns ed on first r eading on the 6th day of August,
2001.
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Publlehed aa a BUI for an Ordinance on the 10th day of Auguat, 2001 .
Pos tponed until September 4 , 2001.
Read by title and passed on final reading on the -4th day of September, 2001.
Published by title as Ordinance No. -2; Series of 200 l, on the 7th day of
September, 2001 .
I. Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado. hereby certify
that the above and foregoing is a true COPX...'lf the Ordinance p ed on final reading
and published by title as Ordinance No.~Seriee of 2001.
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• LEGAL DESCRIPTIO N
VACATION O F A PO RTION OF 2400 S. PECOS ST.
A VACATION OF A PORTION OF THE 2400 BLOCK OF SOUTH PECOS ST.,
LOCATED IN THE SOUTHWEST 1/4 OF SECTION 28, TOWNSHIP 4 SOUTH,
RANGE 68 WEST OF THE 6T H P.M ., ENGLEWOOD . COLORADO.
COMMEi "CTNG AT THE NORTHEAST CORNER OF LOT 8, DO\VNEY
SUBD I ISIO N; THENCE SOUTH AND ALONG THE EAST U r-."E OF SA.ID LOT 8,
A DISTAl CE OF 43 FEET TO THE TRUE POINT OF BEGINNING :
THE 'CE EA ST AND PARALL EL WlTH THE NORTH LIN"E OF SAID LOT 8, A
DLSTA.'-ICE OF 30 FEET TO A POINT ON THE EAST UNE OF THE SOUTHWEST
1/4 OF SAID SECTIO '28; THENCE SOUTH At'ID ALO G THE EAST LINE OF
THE SOUTHWEST 1/4 OF SECTION 28, A DISTANCE OF 516 .1 FEET TO A POINT
73 FEET NORTH OF THE SOUTHEA ST CORNER OF THE 'ORTHEAST l /4 OF
THE SOUTHWEST O E-QUARTER OF SAID SECTION 28; THENCE WEST Al.'IID
PARALL EL WlTH THE SOUTH LINE OF LOT 9, DOWNEY SL'"BDMSION, A
DISTANCE OF 30 FEET TO A POINT 0 .. THE EAST LINE OF SAID LOT 9. SAID
POINT UES 43 FEET NO RTH OF THE SOUTHEAST CORNER OF LOT 9; THENCE
NORTH Al iD ALONG THE EAST Lrl'iE OF LOTS 8 A.',fD !l , A DISTAN CE OF 516 .L
FEET TO THE TRUE PO INT OF BEGINNING, CONTAININ G 0.36 ACRES , MORE
OR LESS .
RESERVING A 30 FOOT UTILITY AND DRAINAGE EASEMENT IN THE
VACA TED PARCEL
S urvevor's Statement
l, David L. Henderson , a registered Professional Land Surveyor in the State of Colorado.
do h.:rb. state that this Legal Desc ription and the attached Exhib it were p repared under
m y d irect supervision and on the basis of my knowledge, information , and belief, are
c o rrect. The attached Exhibit d oes not re present a monumented land s urvey, and is only
to depic t th is leg:il descri pt ion
Dated July 31 , 2 001
VACATION OF PORT ION OF 2400 S. PECOS STREET
LOCATED IN SW1/4 OF SECTIOM 28,
TOWNSHIP 4S , RA NGE 68W O~ THE 6th P.M.
W. Wesley Av e ~
75 .00' I 75.00'
Poin t of Beginn ing
6 7 8
ey Subd vis io n
I ~. u5 1----......------+l-__.;_;a~ ] ;
"'
11 10 9
I
I I 130 .00"
noo I 7500' 72.92" : I
W . Harvard Ave "" I
SE CORNER OF NE 114 OF SW 114 C1F SECT ION 2B /
100 0
1"=100'
Drawn by: L any Nimmo
Date: 7.31.2001
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COUNCIL COMMUNICATION
Date: I Agenda Item: I Subject: Vacation of Right-of-way
in the 2400 South Block of Pecos
August 6 , 2001 11 a vi Stre et
INITIATED BY: STAFF SOURCE:
Public Works Ken Ross, Director of Public Works
COU NC IL GOAL ANO PREVI OU S COUNCIL ACTION
Citv C o uncil approved a resolut io n authoriz ing the v acation of the Pe cos Street right-of-way subject to
c ertain con ditions o n October 6 , l 99 i .
RECOMMENDED A ION
Staff recommends that City Council adopt a bill ior an ordinance to vacate the west 30 feet of right-of-way
on Pecos Street b etween Harvard Avenue and Wesle Avenue.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In O c to ber o f 199 i C ity Counci l approved the v acation of right-cf-way in the 2400 Block of South Pecos
Stree t subject to the following conditions:
1. 30 foot easement for the exis ti ng water a nd sewer lines shall be g ranted and shall be maintained so
that free access to these lines is available at all limes; and
2. Fu ll cul-de-sacs or hammerheads, built to City specifications, shall be constructed by the owner at the
east ends of West Wesley Avenue and West Harvard Avenue, along with the dedication of the
accompanying right-of-way to the C ity before the current right-of-way is vacated; and
3. The vacation shall only become effective upon the approval of the Arapahoe County Commissioners
and upon the City and County of Denver acating the east 30 feet of righ t•of-way in the 2400 block of
South P ecos Street.
Staff has been working w ith the applicant to re sol e the required conditions. Staff believes the above
named co nditions have been adequately addressed:
1 . The language In the vacation will rese rve a util ity and d rainage easemenL
2. Full cul-de-sacs were no t constructed, but sufficient right-of-way will be maintained at each end of
Wes le y and Harvard Avenues to provide adequate turnarounds for emergency fire equipment, and
no parking signs have been ;.,osted to protec t the area required ior turn ing equipment around.
3 . The City and County of Denver has acated the east 30 feet of right-of-w ay.
FINAN CI AL IMPACT
o financial impact to the Citv is iden tified .
UST OF ATTACHME TS
Proposed Bill o r an O rdinance