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Home My WebLink About2000 Ordinance No. 054• • ORDINANCE NO .~ SERIES OF 2000 BY Alll'HORITY " COUNCIL BILL NO. 67,.. , ~11' INTRODUCED BY COUNC.u; MEMBER GAJl.&E'M' AN ORDINANCE AUTHORIZING A QUIT CLAIM DEEn FROM 'WE CITY OF ENGLEWOOD, COLORAD O TO JAMES AND GAIL PENS FOR 4,132 SQUARE FEET ALONG THE CITY DITCH RIGHT-OF-WAY LOCATED AT 4P85 SOUTH MARIPOSA STREET, ENGLEWOOD, COLORADO . WHEREAS, the Englewood Water and Sewer Board reviewed and reoommended approval of this Quit Claim Deed at their June 6, 2000 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: ~-The "Quit Claim Deed" attached hereto aa "Exhibit A", for a parctl. ., containing approximately four thouaand one hundred and thirty-two (4,132) oquan, feet along the City Ditch Right-of-Way for the residence at 4685 South Maripoaa, Englewood is hereby accepted and approved by the Englewood City Council . ~-The Mayor is authorized to execute and the City Clerk to atteat a,id seal this Quit Claim Deed for and on behalf of the City ofEnglewood, Colorado. Introduced, read in full, and passed on first reading on the 17th day of July, 2000. Publiahed aa a Bill for an Ordinanoo on the 21st day of July, 2000. Read by title and passed on final reading on the 7th day of A~.'\Ult, 2000. PubU.hcd by title as Ordinance No . s,/. Series of 2000, on the 11'" day of August, 2000. ~ d )!t, LoucnshiaA.Ellia, City Clerk I , Loucriabia A. Ellis , City Clerk of the City of Englewool, Colorado, hereby certify that the above and foregoi11g is a true copy oC the Ordinance pa on final reading and published by title as Oroinance No .~ Series of 20 ti • -1- QUJT Cl.ADI DUD 'IB!IDm>. made this day<i TiiE CITY OF ENGLEWOOD , COLDRADO a Home Rule Munlctpallty 3400 South Elatl Street Englewood, Colorado 80110 ,2000, of the County of Arapahoe and State of Colorado. grantor, and JAMF.S and GAIL PENS whose legal addttss Is 4685 South Manposa Englewood, Colorado 80110 of the County of Arapahoe and State of Colorado, grantee(s), WlTl'IESIIETB, That the grantor, for and In consideration of the sum of Ten and no/100 ----·······················-···-----·····-···---DOLLARS the receipt and sufficiency of which Is hereby aclmowledged. has remlsed. released . sold, conveyed and QUIT CLAIMED . and by these presents does remlse, release, sell, convey and QUIT ,~WM unto the grantee(s), their heirs , successors and assigns, forever. all the right, tlt'•· Interest. claim and demand which the grantor has In and to the real property, e.'<Cluding Improvements, If any, sltuaU., lying and being In the County of Arapahoe and State of Colorado, descrtbed as follows : A parcel of land situated In part of the Northeast Quarter of Section 9 Township 5 South. Range 68 West 6"' Prtnclpal Meridian . City of Englewood, County of Arapahoe , State of Colorado , being more particularly described as foUaw11 : Commencing at the Center Quarter comer of said Section 9: thence along the Southerly line of 92.ld Northeast Quarter Du e East a distance of905.96 feet: thence departing said Southerly line Due North a dlsumse of 83. 76 feet to a point on the Westerly li ne of the City Ditch . said po int al so being the Point Of Beglnning: thence departing said Westerly line N 88' 45 ' oo· W a distance of 32.18 feet to a point on the Easterly line of lot 13 of the Bell lsle Garder:s Subd!Vislon as recorded In Book 7, at Page 3, of the Arapahoe County Clerk and Recorders Office : thence along said Easterly line '.'I 08° 16' 22" Ea distance of 124.96 feet: thence continuing along said Easterly line N 08' 15' oo· W a distance of 100.00 feet: thence departing said Easterly line N 89° 4T oo· Ea distance of 10.98 feet to a point on said Westerly line: thence along said Westerly line S 11° 04' s 1 • E a distance of 53.31 feet: thence continuing along said Westerly line S 07' ST 20· Ea distance of 50.60 feet: thence continuing along said Westerly line S 00' 09' oo· Ea distance of 120.94 feet to the Po int OfBeglnnlng. Said parcel contains -1 ,132 square feet or 0 .009 acres more or les s. As shown on the attached map (Attachment A). TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and prtvlleges thereunto belonging or In any wise there u nto appertaining, and all the estate, right. title , Interest and cl.!.lm whatsoever , of the grantor, either In law or equity, to the only proper use, benellt and behoof of the grantee. their heirs and assigns forever . 111 'fll'l'DIII WIIICUOF, The p,torj1) hu em:uted thl5 :l<ed on If": dale ~ atibve .J1l111.1 ,r,-qu1, ".,,, 1 _ In "' ,.;F ,r. l'lf-::J • ,r ,r,;· · i( t:,:ncq t. Ill L!:10I~ ') "' i, n• <' V JU ~ crri: t:Y ENCModo. 'cowRAbo ll'.lllq ATI'EST: Loucrtabla A. EWs. City Clerk \\1\' h,. • .. ·, . City Ditch Easenent A pai:el ~flml s,;,.;_ b i-ztoftbe Northeast Q-J&rter of Section C), l'f,,,=/fili1i; ~ 68 • Wat, 6'11 Prilcipll Maidim, City ofEnglewood, Collll)' of Anplrie, Slale of Cololldo being more imticulary dacribed a ~lloww: Coamm:ina at the Ccmr Quarter corner of said Section 9; thence alona the Solllberly line of said Nonbelllt Qumu:r Due Eat a dislm:e of905.96 at; tbmce ~ said Soutbcriy line Due North adislm:eof83.76 flcl ID theapoilll on the Westerly line oftbe City Ditch, said poilll also being the hitd Of~ tbmce dcpating said Westerly line N 88°4S'00" W a distance of32. l 8 feet to a point on theEamly lim of lot 13 of the Bell Isle Gardens Subdivision as recorded in book 7 at page 3 oftbe Arapahoe CoUDty Records; thence along ml Easterly line N 08°16'22" Ea distance of 124.96 liiet; thence continuing along said Eatcrly line N 08°15'00" W a distance of 100.00 at; tbmce departing said Easter~ line N 89"47'00" Ea distance of 10.98 feet to a point on said Westerly line; thence along said Westerly line S 11 °04'51 •Ea distance of-53.31 met; Jbm:e COlllinuina a1o-. said Westerly line S 07°S no• E a distance of 50.60 feet; tbm:e cominuing along said Westerly line S 00°09'00" Ea distance of 120.94 feet to the Point Of It~. Said parcel contains 4,132 square feet or 0.090 acres more or less. See 111tachment "A" fur graphical depiction. Revised 7-20.00 • • 0 EXHIBIT PART OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST, 6th PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO N 9Cli( .1 ?AG[ 3 NORTlt PER BEU ISlE GAROENS SIJBOMSION 25 50 100 ; SCALE: 1 "=50' 1-.;;i-.--.. .,lJl«O,TM[Cfflcm>t .. CSfNI..IStC ,,. • CDll'DTt a, II.MY .. LIIIM. IIDC9'nGN QUID WlfDt 17, 1171 ~ .,,,..,,,.IUIP,JUI,~ I I J. UHl~IIIUIIID.l410I. ="'-~ ... --- AREA= 4, 132 SQUARE FEET 0 .090 ACRES MORE OR LESS PO/NrOF l'r:GINNIN6 PO/Nr OF ~~I ~ ~, ll·ff,Otma ~rr:rr:JN~ t C,OMMt:NGt:Mt:Nr "'~1:i ~ i?J/~~n:-IIOX I 155 Re.aw ,, .. S1~10 11H PlS NO 235111· !L__ ~ _ 905.96' ______ 1_ t733.so· ~\ 'I ~1-DUE EAST 2639.46' I '---:1 CDm:K 1/-f a:JfrNr:K !:JCG,l)N~ I, NI Dl.-r IXD 1G' ~ A -..mfflD UMY. II' ■ lffllClm TO CIU 111Pa N ._,. ~ i. -a, ._ nc m,na.y • 01 nc......., ~•-= ::t.:.=-m:i=.i,~ M =-:-111,-;Jt,M.-...CIUll'f I YLSTRA AKER L'RVEYING, ,oc. ---EXHIBIT ATTACHMENT "A" " PMI' aF TIC N0lffltOlr QUMflR OF KCnOH I, ffMNSHIP 5 !IDUTH, _.,. ■ 'IDI', 11ft P111DW. WDIDlliN. QTY r, DGDD0D. COUNIV Of AIWWU. StA1't Of CD..CIIIO) Date July 17, 2000 INmATEOBY Utilities Department COUNCIL COMMUNICATION Agenda Item Subject 1 O a iii Mariposa Quit Claim and Grant of City Ditch Easement I STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION The EngleY<ood Water and Sewer Board, at their June 6, 2000 meeting, recommended Council approval of the Quit Claim Deed for unclaimed land between the City Ditch and 4685 S. Mariposa St . and subsequent Grant of City Ditch Easement. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In the process of applying for a minor subdivision of their lot, the Pens discovered a strip of unclaimed land between their lot and the City Ditch . At this location, the City Ditch only has a 25 ' right-of-way, but the d~ch right-of-way description also claims "slopes and embankments" for the City Ditch. At this location the ditch slope and embankment does extend outside of the 25 ' right-of-way and into the unclaimed land. An argument could be made that th e unclaimed land belongs to the city, which is why the Pens approached us to see if the City would be willing to quit claim the land to them. It is recommended that the Qu~ Claim Deed and Grant of City Ditch Easement be granted to James and Gail Pens for the purpose of clarifying boundaries of Englewood's City Ditch right- of-way and obtaining a definite City Ditch Easement in that area. The area to be quit claimed is approximately 4,132 square feet or .009 acres . The Easement protects the slopes and embankments of the City Ditch and allows the City access for repairs, improvements and maintenance . Upon acquisition of the property the Penns will be responsible for the maintenance . FINANCIAL IMPACT None . UST OF ATTACHMENTS Bill for Ordinance Quit Cla im Deed and Grant of City Ditch Easement