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HomeMy WebLinkAbout1994 Ordinance No. 053' • • • ORDINANCE NO . ,21 SERIES OF 1994 BY AUTHORITY COUNCILBILLNO. 54 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE VACATING THE ALLEY OF THE 3400 BWCK IN WHAT IS KNOWN AS THE SOUTH CLARKSON STREET/SOUTH EMERSON STREET ALLEY BETWEEN EA,S'I' HAMPDEN AVENUE AND EAST GIRAP.D AVENUE, IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. WHEREAS, the vacation is being nqaested by Craic Hospital and Swedish Medical Cent.er, the owners of all property acijaceut to the subject alley right-of-way to facilitate the development of the Craig Hospital "transitional care facility"; and WHEREAS, the City of lli,glewood bu received a request from Cn.ii: Hospital and Swedish Medical Cent.er for the vacation of a 16 foot alley rigbt,of-way known u the 3•00 South Clariulon Street and South Em,non Street Alley between Eut luu:npden Avenue and East Girard Avenue; and WHEREAS, the subject sit.e is located in the area bounded by South Clarkson Street on the West; South Emerson Street on the East; East Hampden Avenue on the South, and East Girard Avenue on the North; and WHEREAS, Craig Hospital and Swedish Medical Cent.er are the .n!y ,uijacent property owners and the traffic that uses the alley ia generated predominately by Craig or Swedish and the proposed vacation, if vacated, will have minimal effect on the acijacent neighborhood ; and WHEREAS, th• vacation of the alley will eliminate the current potential for patienVvehicle con11icts that exists in the alley; and WHEREAS, the vacation will allow the proposed Craig Planned Development which is designed to convert a portion of this alley right-of-way into open space to be used in conjunction with their recreational therapy programs; and WHEREAS, Craig and Swedish have agreed to accept ownership of the sewer line; however, since there are other utilities in the alley and future traffic signal control Jine s may be located in the vacated right-of-way, a utility and drainage easement shall be retained by the City of Englewood; and WHEREAS, the Englewood Planning and Zoning Commission reviewed the proposed vacation at a meeting held on Sept.ember 20, 1994; and -1 - WHEREAS, the Englewood Planning and :ZOning Commiuion recommend ■ the vacation reque1t be approved with the condition the City retain■ a utility, drainap, and eme~ncy acce11 euement and that the requett be forwarded to City Council for final action; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sw.ilm...l . The Englewood City Council hereby approves the vacation at the following deacribed 16 foot wide alley right,of-way of what is known as 3400 South Clark.on Street and South Emerson Street alley; however, the City of Englewood will retain a utility and drainage easement located in the vacated right-<Jf-way. The alley vacated i1 more precisely described as follows: A traet of land situated in the Southwest one quarter o{the South one quarter of Section 35 . Townahip 4 South, Range 68 Welt oft.he 6th P.M., City of Englewood, County of Arapahoe, State of Colorado more particularly deocribed as follows : A 16 feet wide public alley situated between and acljacent tot.he East line of Lota 1 through 24 inclusive, and the Welt line of Lota 25 through 48 inclusive, lying between the North J!jght,of-Way line of East Hampden Avenue and t.he South Right-of-Way line of East Girard Avenue, all in Block 45, Evanston Broadway Addition, City of Englewood, County of Arapah~e. State of Colorado , containing 9,600 square feet, (0.22 acres) more or leas. ' ~-Since there are other utilities in the alley and future traffic signal control lines • may be located in the vacated right-of-way, a utility, drainage, and emergMey acce1B • easement will be retained by t.he City of Englewood . The utility, drainage, and emergency or future traffic signal control lines easement retained by the City is more precisely described as follow s : A 16 foot wide Utility and Drainage easement situated in Block 45, Evanston Broadway Addition being a part aft.he Southwest one quarter oft.he Southwest one quarter of Sect.ion 35, Township 4 South, Range 68 We st of the 6t.h P.M., City of Engl ewood , County of Ar<-~ahoe, State of Colorado more particularly described as follows : Beginning at the Northwest corner of Lot 48 of said Block 45 , thence West along the South Right-of-Way line of East Girard Avenue, a distance of 16 .00 feet to the Northeast comer of Lot l of said Block 45 ; thence departing said South Right,.of-Way line South along the East line of Lota 1 through 24 inclusive to the Southeast comer of Lot 24 of said Block 45, saicl Point being on the North Right,.of-Way line of East Hampden Avenue; thence East along said North line, a distance of 16.00 feet to the Southwest corner of Lot 2S of said Block 45; tl,•nce North along the West line of Lots 25 through 48 inclusive of said Block 45, to the Northwelt comer of sai~ Lot 48, being also th e Point of Beginn inf,', contai ni ng 9,600 square feet, (0.22 acres' n,ore or less. -2-• ' • • &aiJm..a, The Englewood City (',ounciJ hereby convey, to Craig Ho1pital and Swedish Ho s pital ownenhip of the 8" Sanitary Nwer pipe, located in the afonmentioned vacated alley, along w;th all manhole, and all other appurtenance• from the point of entry of the 8" pipe into the mMhole located at Eut Cmard Avenue to the point o{entry of the 8" pipe into the manhole located at Eaat Hampden Avenue. The City of Enc)ewood shall ralain own enhip of the manholes located at East Girard Ave nue and Eut Hampden Avenue . Introduced, read in full , and passed on first reading on the 17th day of October, 1994 . Published as a Bill for an Ordinance on the 20th day of October, 1994. Read by title and passed on final nading on the 7th day of November, 1994. Publi she d by t itle as Ordinance No. :i2 Series of 1994 , on the 10th 1994. ~d lMi Loucrishia A. F.llis, City Cl erk I, Loucri shi a A. Ellis, City Cl erk of the City of Englewood , Col orado, hereby certify that the above and forer,oing is a true cop~~f the Ordinan ce passed on final reading and published by title as Ordinan ce No . .:I.) Serie s of 1994 . ~121/A Loucri shia A. Ellis -3 . EASr GIRARD A~ r ~ I.JS° (/I) LOT 1 E IHGJlllllDO !Ill ~ SCAI.£: 1• • $0' .~ -,'IIW'C■ -me. --·--·..,_ _, ........ ... ---~ lltlt ... ,...... EAST HAMPDEN A VENUE BLOCK ,IS EVANSTON BRa41JW4 Y AJJOITION MIEA 1.500 SJ'. 0.22 ACR£S+ /- l !OTE: lHIS EXHIBIT DO[S NOT IIEl'll£SENT A IICNUIIEMTED SUR~. IT IS NlDIIEI CINI. Y TO DEPICT 1HE ATTACHED l'IICPIIITY DDCllll'1l0N- • • • • EAST GIRA/ID A VENUE L -Ol'-~~all.ol41 7 _j E 50 IO JO 'lO ID O 50 ~ SCALE: 1• • 50' h ... -/IW,TVII -.mrc. lllC. -·-·-...... ,_.... ... ........ a.... 11114 •:,..__. EAST HAMPDEN A VENUE Bltx:K·~S /YMSTON 8H&U/Jll4 r AJJDIT/ON MlEA UOO S.F. D.22 ACRES+/- NOlE: 7 _j 1lfS EXIIHIIT DOES 1101' IIEPllaEHT A IICMAIENlED SIJRl.f:Y. IT IS NTDaD CM. Y 10 DEl'ICT 1H[ A TTA~ED PRll'£RTY DOClll'1IQI. COUNCIL COMMUNICATION October 17, 1994 Agenm Item 11 b Subject Vacation of South Clarkson/ South Emerson Alley in 3400 block south. INITIATED BY Depanment of Commun ity Development STAFF SOURCE Lee Merkel , Director of Community Development COUNCIL GOAL Economic Development ISSUE/ACTION PROPOSED Staff seeks Council suppon for the Bill for Ordinance on first reading to vacate th e South • Clarkson/South Emerson alle y in the 3400 bl ock South (Block 45 , Evanston Broadway Addition). PREVIOUS Pl.ANNING COMMISSION ACTION Non e. PREVIOUS COUNCIL ACTION None . BACKGROUND Craig Hospital and Swedish Med ical Center, owners of all propenies adjacent to this right-of-way , have filed a joint request for vacation of this alle y. The Utilities Depanment has sugsested that the applicants ass ume ownership and maintenance responsibilities of a sanitary sewer line which is locat ed in th e all ey; th e applican ts have so agreed . PROS AND CONS OF OP TIONS REVIEWED Vacation of the alley will facilitat e the development of a transitional care• facility proposed for Craig Hospital patients . • If the alley is not vacated, it will impact the proposed development of a therapeutic and recreational area for the patients of Craig Hospital th at will be housed in the transitional ure fa c ility . STAFF ANALYSIS The request for vacation of this alley right-of-way is a joint l'equest by Craig Hospital and Swedish Medical Center, the owners Qf all property adjacent to the subject alley right-of-way . Craig Hospital owns Lots 1 through 13, and Lots 41 through 46, Block 45 , Evanston Broadway Addition. Swedish Medical CPnter owns Lots 14 through 40, Block 45 , Evanston Broadway Addition . Since the applicants are the only adjacent property owners and the traffic that uses the alley is generated predominately by Craig or Sw:!dish, the proposed vacation will have minimal effect on the adjacent neighbo rhood . In addition , the proposed Craig Planned Dewlopnient has been designed to convert a portion of this alley right-of-way into open space ,o be used in conjuncti on with their rec rea!ional therapy programs . Vacation of the alley will eliminate the potential fo r patient/vehicle conflict if the alley were to remain open to general use . The appl ica nts have agreed to accept ownership of the sewer line. However, since there are other utilit ies in the alle y and future traffic signal control lines may be located in the vacated right-of-wa y, a utility and drainage easement should be retained . FINANCIAL IMPACT The applicants have agreed to assume ownersh ip and maintenance responsibilities'for the sanitary sewer line in this alle y, thus relieving the City of the financial responsibility to maintain the sewer line . ccll-94 • •