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HomeMy WebLinkAbout1994 Ordinance No. 070• • ORDINANCE NO . 'JQ_ SERIES OF liKI' BY AUTHORITY COUNCIL &ILL NO . 72 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE APPROVING SUPPLEMENT NO. 3 TO THE CHERRY HILLS SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD FOR THE INCLUSION OF LAND WITHIN THEIR DISTRICT BOUNDARIES. WHEREAS, Cheny Hills Sanitation Di ■trict ha■ r,queorted the inclu■ion of approximately 4-(.180 acre ■ int,, their Di ■trict ; and WHEREAS, thi ■ land is owned by The Pre1erve at Greenwood VilJaee ; and WHEREAS, the area i■ curTefltly located in the Southpte Sanitation Di1trict and in order t,, avo id a lift atation, 1ervice will be pmvided by Cheny Hills Sanitation Dillrict; and WHEREAS, the remainder of the Pre1erve will ttmain in the Southgate Sanitation Di ■trict; and WHEREAS , ■aid inclusion of this additional pan:el of land will not increase the tap allocation t,, the Cheny Hills Sanitation District; and WHERF..AS , the property is located at approximately East Belleview and South Holly Street; and WHEREAS, said inclusion is currently ioned as ■ingle family residential; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : ~ l. The Agreement between the City of Englewood and Cheny Hills Sanitation Di strict entitled "Supplement No. 3 t,, Connect,,r's Agn,ement," which includes approximately «.180 acres located at approximately East Belleview and South Holly Street is hereby approved . A copy of said Agreement is attached he "to and incorporated herein by referenc e . ~-Th e Mayor and City Clerk a re hereby authorized t,, sign and at test, respectively , the said Agr ee ment for and on behal f of the Ci ty Council and the Ci ty of Englewood , Color a d o. l11t rod uced , read in full , and passed on fi rst readill!: on the 5th day of December, 1994 . Publi shed as a Bill for an Ord inance on the 8th day of December, 1994 . Re ad by ti tle and passed en final •e•<!i"g o,, the 19th day of Dece mber, 1994 . -1 - Puhliabed by title u Ordinance No , 7 0, Seri•• of 191M, on the 22nd day of December, 1994, ~ Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoinc i• a true copy of the Ordinance paseed on final reading and ,_,,,..,"' ,,_u ..._,_ No J,-, &o,.d ,OS< c-Lu (/flt,. Loucrishia A. Ellis -2- • • • • • COUNCIL COMMUNICATION tiate Agenda Item 0.'Cember 5 , 1994 1 4 d Subject Supplement #3 to the Cherry Hills Sanitation Distrid INITIATED BY Utilities Department STAFF SOURCE Stewart H. Fonda , Director of Utilities COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION Non e . RECOMMENDED ACTION The Water and Sewer Board , at their November 15, 1994 meeting,,.. .,,nended Couhcil approval of a bill for an ordinance approvir,;i Supplement #3 for Cherry Hills ~-., •,iation Oislrid for The Preserve . BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED A request was made by the Cherry Hills Sanitation District representing the owner/developer for inclus ion into the Cherry Hills Sanitation District. Supplement #3 is f.:,r an area approximately 44 .180 acres . The zon ing is for single family residential . The owner of the property is The Preserve at Greenwo,,d Village , a Colorado general partnership. The area is located in the Southgate Sanitation District, but to avoid a lift station , service will be provided by Cherry Hills Sanitati on District, which will enable a natural dra inage situatior,. The remainder of the Preserve will remain in the Southgate Sanitation District. The legal is attached as Exhibit A . The property is located at approximately E. Belleview and S. Holly St. . FINANCIAL IMPACT None . UST OF ATTACHMENTS C~'!rry Hills Sanitation District Supplement #3 . • • • SUH..-T 110 ,....1._ TO c:cmmcTOR'8 - ftI8 MD.DNaT, .. c1e and entered into by and be',WH.D tbe Ctn or -.-000, ■ctl1111 by and through it ■ duly ■uthorhed Nayar ud City Clerk, hereinafter called the •city• and Cherry till ■ aultaticm Di ■trlot, Arapahoe County, O>lorado, httrein■fter called the •Diet.riot,• Wl'lll'UISft1 IIIIUP.I , on th• and dey of •June, 11'75, the City the Di ■tri ct entered into an Ag're ... nt in which the City argrNd to treat ••wage originating f~ the Di ■trict ' ■ ■anitery ■ewer ry ■ •• within the area ■ened by t.be Di ■trict, and IIBD.SAI, 111i.d Connector •■ Agre ■•nt provide ■ that the Di ■t.r i ct .. y not enlarge it ■ N-n'ice area without written eonae.nt of the City ; MOW, TISUPOU, in con■ideration of tbe a1tu1l covenant• and undertaking■ herein Nt forth , the partie ■ agr ee a ■ followa : 1 . The City hereby co11Hnt1 to the lnclu■ion of certain additional area located in Arapahoe COU.nty , COlorado , owned by TM Pr11ene at Greenwood Tillage, (a Colorado gea■ral partn ■raMp), a nd more fully de ■cribed on bhibit A attached hereto and incorporated herein by reference , into Cherry Hill• Sani tation Diet rict . The City agree ■ that ■aid addit ional area .. y be Nrved with the ■ewer f ■cilitie• of the Di ■trict, and that the City will treat the ■ewage diacharged into the City'■ trunk line frc:9 ■aid additional area, all in accordance with the Connector'■ ~nt datP.d June 2 , 1975 . Accordingly, Bxhibit A referred to in Paragraph 1 of the Connector•• Agreet11ent dated June 2nd, 1975 , ia hereby amended to include ■ucb additional area . 2 . Each and every other provia ion of the ■aid COnn e ctor' • -'greeiNnt d.sted June 2, 1975 , ■hall rniain unchanged . Ilf WITIISSS M'IID.SOP , the partie ■ have ■et their hand ■ and nala ..Kl/ t hio __ day of _________ , 199•. ~,\ ATTUT• ctn~ (SEAL) A.'TTS8T1 (SEAL) CITY or DIGLSIIOOD CIIIIUY IIILLII UIIITATIOII DllftlCT '.t.JQL PIICJUl'l'JAJI TJJI DIIIIYI lit IUIJIOOP ULW.11,<,a, J/4 Acr• SltH) A parcel of land located in the Korth Ralf of Section 18, Townahip 5 South, Rang• 67 Wast of the Sixth Princ .i pal Meridian, Cr unty of Arapalloe, State of Colorado, described as follows: co-•ncing at a point on th• nort.~ line of th• South Half of th• South Half of th• Northeast Quarter o f. the Northeast Quarter (Sl/2, Sl/2, KEl/4, NE1/4)of said Sactio:. l.l being 30.00 feat west of the east line of the Northeast Quartflr of said Section 18 , as measured at right angles, said point alsu bei ng on the WGst right-of-way line of south Holl:• Streat; thence S ag•43 '58" w, along saic' north line, a distance of !290.44 feet to the east line of the Kon;hwest Quarter cf the Northeast Quarter (KW\, NE\) of said Section 18; thence Ii o • 01 '20• !, alon,; the aforementioned east line, a distance of 880 . 71 feet to th• Point of Beginning b r.,i r,g 110. 00 feet south ct' the north line of th• Northeast Quarter of sai d Section 18, as measured at right angles; thence along a curve to the right, the tangent of which bears S O • 01 1 20" W, having a central angle of 36"J3'00" and a radius ot' 285.00 feet, an arc length of 181.81 feet to a point of tangency; then ce 1 36'34'20" W, a distance of 40.00 feet; thence S 2J"l8'1J" w a distence of 175.08 feet; thence S 53'40'09" w, a distance ~,t ;,_,!I.Oil feet; thence S 35"40'09" W, a distance of 1041.00 feet to a ;,o nt of non-tangent curvature on the northerly right-of-way line of the Highline Canal as established by deed recorded on May 25, 1883 in Book 179 at Page 563, Old Arapahoe county Records; thence along the northerly and easterly right-of-way lines of said Highline Canal t h e following thirteen (13) courses: 1) along a curve to the left, the tangent of which bears N 67"52'03" w, having a central angle of 41"22'28" and a radius of 186.33 feet, an arc length ot' 134.55 feet to a p o int ot' tangency; 2) s 70"45'29• W, a distance ot' 15~.66 feat to a point of curvature; 3) along a curve to the right having a central angl ~ of Jl • 49 '18" and a radius ot' 548.23 fret, an arc length of 304.48 feet to a point of tangency; 4) K 77"25'13" w, a distance of 196.97 feet to a point of curvature; 5) alon g a curve to the right having a central angle ,,f 39"55 1 54" and a radius of 294.38 feet, an arc length of 205.16 feat to a point of tangency; 6) K 37•29•19• w, a distance of 222.88 feat to a point of curvature: 7.J along a curve to the right having a central angle of 60"51 1 59" and a radius ot' 226.15 feat, an arc lanqth of J 40.24 feat to a point of tangency; 8) N 23•22•40" E, a distance o! 218.00 feet to a point of curvature; • • t) along a curve to the lett havinq a central a119lo of 71'34 1 00• and a radius of 256.26 feet, an arc l W\gth of 320.0t teat to a point of tangency: .10) 11) II 41' 11 '20 " W, a distance of 328. 52 feet to a point of curvature, along a curve to the left having a central angle of 41'32'16• and a radius of 211 .10 feet, an arc length of 188.57 feet to a point of tangency; • • 12) 13) s 82'16'24" W, a distance of 151.88 teat to a point of curvature: along a curve t .o the right having a cen'::.r.al angle of 43'44'4!1 " and a radius of 108. 60 feet, 11t · arc length n f 82. 92 !Ht t ,ll non-tangent p o int on the wast line of th« :J,n ·t hwest Quarter o f the North••~t Quarter of the Northwest Quarter (NWl/4,NEl/4,NWl/4) of said Section 18 ; thence K 0'02 1 41" W, along the afore■entioned -1:1 ~ line, a distance of 139. 32 feet to a point beinq 30. 00 feat ■out~. of th• north lin• of the Northwest Quarter of said Section 18, <!I.I '.llleaau r e d at '"J.'iht angles: thence N 89"42'34" E, parallel with the ,1c,rth line of :·aid Northwest Quarter of section 18, a di~cance of 871 .30 feet to he west line of BREEZE BELLEVIEW as recorded in Plat Book 50 at Paga 44 in the Arapahoe County Clerk and Recorder's Office; thence along the west and south lines of said BREE ZF. t!SLLEVIE~• •·J ,e following two (2) courses: 1) 2) S 0•00•15• W, a distance of 630.~4 feat; N 89"42'38" E, a distance of 455.10 feat to th• east line of .~_,.t fifteen-foot access easement described in Book 379 at Page 487 in said Arapahoe County Clerk and Recorder's O!fica; thence N 0'00'1 5" E, along the east line of said access easement, a dista nce of 259. 65 feet to an intersection with th• westerly extensio n of the south line of a parcel of land described in Book 623 at Page 164 in said Arapahoe County Clerk and Recorder'• Officn; thence N 89'44 1 39" E, along said soutil line and its tl.Xtansion, a d :~stance of 386. oo feet to the sc,uthaast corne:c of aid parcel des•~ribed in Book 623 at Page 164; tl:,enc:e N o • 00' 15" E, a l ng the east line of said parcel of land, a distance of 371.00 feet to a point being 30.00 feet sou~h of the north line of the No r ':heast Quarter of said section 18, as measured at right angles; thea ce N 89'44'39" E, pa;:-allel with t:h• north line of said Northeast Quarter of Secti on 18, a distance of 934.74 feet to th• east line of the Northwest Quarter o f the Northeast Quarter (NWl/4, NEl/4) of said sectiou1 18; thence s 0·01 1 20• w, along th• aforemen ionad east line, a distance of 80.00 feat to the Point of ••11iDDiD111 Containing 44.180 acres, more or less • Lega.J. Dllacriptiai tot 2, Breeze Bellevi"", A SUb:ilvi!liai Plat recottled in Plat Boole 50, ct Page 44 ot the Arapalx,e Olunty Clerk and ~z:t:ler•s Office, Cl:,Jnty of Arapahc,e, State of CDlorado, • • ~-. t I d ;ti; I a 12 ~ I ' ~ . ala I I l~ !! g ~ ~ R ; %-- -l I r,-, ~--Vl rn ~ r,-, •