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HomeMy WebLinkAbout1994 Ordinance No. 008ORDINANCE NO . L SERIES OF 1994 BY AUTHORITY COUNCIL BILL NO . 1 INTRODUCED BY COUNCIL MEMBER OULLF;Y AN ORDINANCE APPROVING THE VACATION OF AN EASEMENT WHIGH WAS RETAINED IN WEST JEFFERSON AVENUE AND IN THE NORTWSOUTII ALLEY IN BWCK 13, ENGLEWOOD SUBDMSJON. WHEREAS, the City of Englewoud approved the vacation of a 60 foot right.of--y (or West Jefferson Avenue with the paaaage of Ordinance No . 20, Serie, of 1926, but retained a 60 foot easement for the con struction of water and ■ewer lines; and WHEREAS, a '.6 foot alley in Block 13, Englewood Subclivi1ion was vacated by Ordinance No . 2, Series o( 1957, with an eaNment being ntainod for "continued UN of elli1Ung Nwer, gas, electric, water, ditches, e1,nals and telephone lines"; and WHEREAS, the •ubj ect site is located in the area bounded by South Jason Street on the west, West Ithaca Avenw, on the north, South Huron Stn,et on the Ult, and West Kenyon Avenue on the 10uth ; and WHEREAS, this area is part of the original City of Englewood and is preNntly zoned as 1- 1, Light Industrial district, with the eurrounding area compoNd of retail, office and warehouse uses ; and WHEREAS, the subject property is composed of the vacated :-i ght-of-way for West Jeff'enon Ave nue between South Inca Street and South Huron, and Lots 16 and 17, Block 13, Englewood Subdivision, and vacated alley acljacent to Lots 16 and 17 , Block 13, Englewood. Subdivi1ion ; and WHEREAS, this 1ite wa11 at one Ume part o(the Englewood Executive Center development, but was excluded from the Condominium Declaration filed by Englewood Executive Center approximately 10 years ago, thus creating a Nparately dev,,Jopable parcel; and WHEREAS, the site cannot be developed at the present time because of the easements which were retain ed over the entire site; and WHEREAS, ;he Englewood Planning and Zon ing Commission considered the request to vacate the easements on Dec ember 7, 199~ and recommend that the easements be v11cated; NOW, THFREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : ~-'The City Council of the City o(Englewood, Colorado hereby approves the vacation of an easement which was r etained in the West Jefferson Avenue and in the North/South alley in Dior, 13 , of the Englewood subdivision, aaid easements are more full y described as follows : .J . 1994 . Besinnine at the IOUthweat comer of Lot 17, Block 13, Amended Plat ol Bnclewood, thence -a clietance ol 125 feet lo the ooutheut comer of Lot 17; th.,_ north a distance ol25 feet lo the northeut comer of Lot 17; thence eut a diatance ol 16 feet lo the northweat comer olLot 16, of said Block 13; the·.,ce oouth a distance of25 feet lo the oouthweat comer ol'Lot 16; thence eaat a diltan1e of 125 feet lo the ooutheut comer ol'Lot 16; thence IOUth a distance of60 feet h the northeut comer of Lot 1, Block 22, Amended Plat of Englewood; thence west a didance aC 266 feet, more or leu, lo the northwest comer of Lot 32, of said B]o,1, 22; thence north a distance of60 feet to the point of beginnillg; ucept that port'.on of this property described in the unitary aewer easement u reconled in Boo:. 3778, at Page 124, located in Arapahoe County, State of Colorado. lntroduced, read in full, and passed on first reedin1, n the 7th clay of February, 1994. Published u a Bill for an Ordinance on the 10th clay ofFebruuy, 1994 . &ad by title and passed on final reading on the 22nd clay of February, 1994. Published by title as Onlinance No.$, Series of 1994, on e.24th day of February, ~EST: C:!.i':t,,AA i.£1 ~ Patricia H. Crow , City Clerk I, Patricia H. Crow, City Clerk of the City of Englewood, Colorado, hereby certify th.at the above and foregoing i& a tf)I!' copy of the Ordinance passed on final reading and published by title as Ordinance No. ~ Series of 1994. ~«#f!u-c-J Patricia H. Crow -2 - C --~;,--12 r.---uui ·--J/ uut 0 .. "' ro J -----. ..c: ·-----:5 ~ =·----;~ -----------------7 ~'-~?f:~! Easement lo be re ta ined .,,,,,, Easemeut lo be vacated Date February 7, 1994 INTI1A TED BY STAFF SOL'RCE COUNCIL GOAL COUNCIL COMMUNICATION Agenda Item 11 g Subject Easement Vacation Department of (',mmunity Development Lee Merkel, Director cf Community Development Advancement of Pr~Business Commibnent Is.SUE/ ACTION PROPOSED Staff ~ks Council support for a bill for an ordinar>.ce approving the vacation of the easement that had been retained in v acated West Jefferson Avenl.!e in the v~cated north / south alley in Block 13, Englewood Subdivision. (West Jefferson between Huron and Inca .) PRFvlOUS PLANNING COMMISSION ACTION At their December 7, 1993 meeting, the Planning and uming Commission considered the request to vacate the easements that had been retained in the vacated West Jefferson Avenue right-of-way , and in the vacated 16-foot alley in Block 13, Englewood Subdi,~sion. The Commission voted to recommend to City Council that the easements be vacated . PREVIOUS COUNCIL ACTION The 60-foot right-of-wq for the 700 block of West Jefferson Avenue between Huron and Inca was vacated by O,riinance No. 20, Series of 1926, recorded in Book 1002 at Page 279 . An easement for the full vacated right-of-way w lS :-etained for the construction c,f water and sewer lines. The 16-foot alley in Block 13, Englewood Subdivision, "as vacated by Ordinance No. 2, Series of 1957, recorded in Book 1002 at Page 281 . An easement was retained for "continued t•se of existing sewer, gas, electric, ,,ater, ditches, canals, and telephone lines ." IIACKGRO• "'iD A request wu received from First Federal Savings Bank in Lakewood to vacate the easements whi ch were retained in the vacated right-of-way for West Jefferson Avenue, and in the vacated alley in Bl ock 13, Englewood Subdivision . The Bank has control of this site, which is 85.04 feet wi de by 266 feet in depth . The vacations of right-of-way in 1926 and of the alle y in 1957 retained utilities easements for the entire width and length of the right-of- way for both the street and the all ey . Th e subject property was originally part of the Englewood Executive Center (EEC) development, but was excl uded when EEC filed their Condominium Declaration approximately 10 years ago, thas creating a separate parcel cf land of which the Bank has assumed control. The parcel cannot be devel oped because o: the easements th at are in place . A 20-foot sanitary sewer easement was sited on Llie common boundary between the EEC deYelopment and the subject site; 10 fee t of this sanitary sewer easement does extend onto the subject site, and cannot be vacated . There has been little interest in development of this vacant parcel of land until recently. The Bank is now reques'i ng the vacarion of the easements to facilitate their disposition of the parcel a:-<i th e ultima'e d evelopment of the site. The issue was taken before the Ci ty's Technical Review Committee, whose members voiced no objections to •he requ es tecl vaca tion . However, members of the Public Works M_ Department did recall th at several years ag o, a previous City Council had expressed interest. in obtaining the right-of-way for West Jefferson Avenue, improving said right-of-way, and providing additional circulation through the industrial area. This projected need for right- of-wa y is not shown on the Master Street Plan, and tl1ere was no further action taken to acquire the right-of-way. PROS AND CONS OF omoNS REVIEWED If the easements are vacated, .a parcel of land 85.04 feet wide by 266 feet in depth will be aYailable for developmr.:nt in accordance with the 1-1, Light Industrial Zone District regulations . However, once the easements are vacated, and the parcel is acquired and deYeloped, al l possibility A acquisition of th at right-of-way for West Jefferson Avenue is el inunated . STAFF ANALYSIS The subject property is composed of the vacated right-of-way for West Jefferson Avenue between South In ca Street and Sou!h Huron Street, and Lots 16 and 17, Bl ock 13, Englewood Subdi,~sion. The site cannot be developed at the present time because of the 1926 and 1957 easements . At this point in time, it does not seem practical to inhibit the possible d evelopment of an industrial site by not va-•ting the easements. Therefore, sta ff recommend s vacation . flNANCIAL IMPACT Were the easements in the vacated right-of-way and alley to be va,:ated, the parcel would become available for development. Such development could bring revenue into the City via permit and construc~.on fees , as well as enhanced property tax values . If the City chooses to acquire the vacated right-of-way for development of a street to improve the traffic circulation in the industrial area, this will requirt, funds during a period of budgetary constraints .