HomeMy WebLinkAbout2008 Resolution No. 038• RESOLUT ION '0 . ()8
SER IES OF 2008 --
CONTRACT NO, 't7 _ j_po'?
A RES OLUT ION SUPPORT ING A AGREEMENT BY THE ENGLEW OO D MCLELLAN
RESERVOIR FOUNDAT ION (EMRF) FOR THE LEASE OF A PORTION OF THE
MCLELLAN PR OPERTY TO CA RM AX. INC .
WHEREAS. th e Engl cwood/McLe ll an Reservoir Foundation (EMRF) wa s l'onned to oversoe
the development of th e McLellan Reservo ir propeny: and
WHEREAS. the Lease is for approxi matel y 13.6 acres of the Englewood/Mclellan Reservoir
F0und ati on property : and
WHEREAS , Ca rMa x, In c. sub mitted a Letter of Int ent whi ch was pre,·iously su bmitted to the
Englewood Ci ty Co uncil ; and
WHEREAS. City Co uncil reviewed the Letter of Intent and instr . · P.MRF to begin
ne go ti ations of final lea se tcnn s; and
WHEREAS. the negotiation s have been co mpleted . ba sed on the terms of the Letter of Int ent ;
and
WHEREAS , the EMRF Board of Directors has unanimously approved CarMax, Inc. Lease ;
• NOW. TH EREFORE. BE IT RESOLV ED BY THE CITY COUNC IL OF THE CITY OF
ENGLEWOOD, COLO RADO . THAT :
See l ion I . The Ci ty Counci l of the City o!' Engl ewood. Co lorado . hereby sup pons th e "!..ease
Agreement" between the Englewood/Mclellan Reservoir Foundation and Ca rMax. Inc .
ADO PTED AND APPROVED thi s 19th day of May . 2008 .
ATTEST 0
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject :
May 19, 200 8 11 C ii Reso luti on of suppo rt to th e En glew ood M c l ell an
Res erv oir Foundation for lease of ap proxim ately
13.6 acres l o Ca rM ax Allto Sup erstores
Initiated By: I Staff Source:
Engl ewood Mclellan Reserv o ir Fo undati on Stewart H . Fonda , EMRF Pres ident
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
In 1999, City Council auth orized th e c rea tion o f the Englew ood M c l ell an Reservo ir Foundation
(EMR F.) On Decem ber 17, 2007, Council suppo rted EMRF in th e sa le of approxi m ately 11 acres o f
PA85 to RTD for $3 .2 mill ion. During an Exec utive Session of November 2 1, 2007, Ci ty Co uncil
reviewed th e terms of a Letter of Intent from CarMax to lease approxim ately 13.6 ac res of Pl anning
A rea 84 (PA 84), and by co nse nsu s instructed EM RF to proceed w ith lease negotiati ons .
RECOMMENDED ACTION
EMRF recomm ends Cour,cil approve a Reso lution supporting th e agreemen t between EMRF and
CarMa x for leas e of approximately 13.6 ac res of PA84 .
BACKGROUND
In 1999, City Co un c il authorized, through Ordinance 41 , the crea ti o n of th e Englewood Mclellan
Reservo ir Foundati on, a non-profit corporati on charge d with furthering th e developmen t of the
Mclell an Reservoi r property and transfe rred the property to EMRF . The fo ll owing goa ls fo r
deve lopm ent were es tabli shed by City Council in Ordinance 41 .
I . Protect th e quality of the City's stored water at Mclell an Reservo ir.
2. Pro tec t th e rese rv oi r ecosys tem .
3. Establish and ma ximize a future lo ng-t erm inco me stream to benefi t th e City.
4. Maintain the quali ty of the Hi ghlin e Canal rec reati onal fa cilities and th e we tlands
between C-470 and County Line Road.
S. Minimize development impacts on th e reservoir.
6. Enhance the quali ty of li fe of th e neighborh m d of w hich it is pa rt.
7. Enhan ce th e qllali ty of life for resi dents of th e ~ity of Engl ewood.
With th e re ce nt develo;,ment of th e Ralph Sc homp auto dealership immediately eas t of th e subjec t
parcel , interes t in EMFR property has focused on auto us es . EMRF has had on-going disc ussio ns
with CarMax for lea se of th e subject parce l since ea rl y M ay of last yea r. Ca rMax is th e natio n's
larges t us ed car retail er •nd is currently seeking six locati o ns in th e front-range o f Co:orad o . Th e
M clellan si te has been se lected as o ne of their two large fo rmat operati ons in Colorado. Al a
previous Council execu ti ve sess io n, we informed Cou nci l th at th e terms of a Le iter of Int en t and
Counci l, by con,ensus, instruc ted EMRF l o begin nego ti ati o ns of fina l lease terms . Th ose
nego ti atio ns ha ve been completed, has ed o n the term s of th e Leiter of Intent, with some additi o ns
w hich will benefit EMRF and th e Ci ty o n a lo ng-term ba sis.
FINANCIAL IMPACT
Initial Depo sit:
Constructi1.,n Rental :
Base Rent :
$150,000
$220,849, less $88,136 to be deducted fo r ½ of bro ker commission.
$469,345 commenci ng fo ll owing co nstru ction and in cre asi ng I 0% every
five (5) yea rs
LI ST OF ATTACHMENTS
Map an d Parce l D esc ription
Re so luti on
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PARCEL DESCRIPTION
A PARCEL OF LAND BEING A PART OF "PARCEL 2", A PAR CEL OF LAND RECORDED AT
RECEPTION NO . 99095663 , DOUGL AS COUN TY RE CO RD S, BEIN G A PART OF THE NORTH
ON E-HALF (N ½) OF SECT ION 4, TOWNSf1IP 6 SOUTH , RANGE 68 WEST OF THE 61" PRINCIPAL
MERIDIAN , COUNTY OF DOUGLAS, ST ATE OF COLO RADO , BEING MORE PARTICULAR LY
DESCRIBED AS FOLLOWS :
COMMENCING AT THE NORTHEAST CO RNER OF THE SOUTHWEST ONE -QUARTER OF THE
NORTHEAST ONE-QUARTER (SW 'I• NE Y,) OF SAID SECTION 4; THENCE S01 '00'12"E, ALCNG
THE EAST LINE OF SAID SOUTHWEST ONE -QUARTER OF THE NORTHEAST ONE -QUARTER
OF SAID SECTION 4; AND THE WEST LINE OF "HIGHLANDS RANCH -FILING NO. 152", A
SUBDIVISION PLAT RECORDED AT RECEPTION NO . 2005122080, DOUGLAS COUNTY
RECORDS , A DISTANC E OF A DISTANCE OF 470 .49 FEET THE POINT OF-BEG!NNINQ : THENCE
S0l '00'12"E, CONTINUING ALONG THE EAST LINE OF SAID SOUTHWEST ori~-OUARTER OF
THE NORTHEAST Olli E-QUARTER OF SAID SECTION 4, A DISTANCE OF 275 .28 FEET TO A
POINT ON THE NORTH RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY C-470, AS
RECORDED IN BOOK 645 AT PAGE 748 , DOUGLAS COUNTY RECORDS ; THENCE N82'10'07"W ,
ALONG SAID NORTH LINE , A DISTANCE OF 85.69 FEET; THENCE CONTINUING ALONG THE
NORTH RI GHT-OF-WAY LINE OF COLORADO STATE HIGHWAY C-470, AS RECORDED IN BOOK
1422 AT PAGE 419 . DOUGLAS COUNTY RECORDS THE FOLLOWING SIX (5) COURSES :
1. N72":.5'02"W , A DISTANCE OF 185 .38 FEET ;
2. N59 ~33 '44 "W , A DISTANCE OF 685 .28 FEET ;
3. N70 ",l 5'37"W, A DISTANCE OF 296 .38 FEET;
4. N25'51'25"W, A DISTANCE OF 42 .09 FEET;
5. N19"28'19 "E, A DISTANCE OF 19.10 FEET;
6. N68 "27'20"W, A DISTANCE OF 73.09 FEET TO A PONT ON THE EAST RIGHT -OF-WAY LI NE OF
LUCENT BOULEVARD , AS RECORDED AS "PARCEL 2K", IN BOOK 1431 , AT PAGE 1371 ,
DOUGLAS COUNTY RECORDS ; THENCE ALONG SAID EAST i'IIGHT·OF-WAY LINE THE
FOLLOWING FIVE (5) COURSES:
1. ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HA'/ING A C~NTRAL t.NGLE
OF 08 °43"06", A RADIUS OF 137.47 FEET , AN ARC LENGTH 20.92 FEET , THE CHORD OF
WH ICH BEARS N00 '35'32"W , A DISTANCE OF 20 .90 FEET ;
2. ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVIN G A CENTRAL ANGLE OF
13'02'19", A RADIUS OF 826 .77 FEET, AN ARC LENGTH 188.15 FEET , THE CHORD OF
WHICH BEARS N02 '34 '25"W , A DISTANCE OF 187.74 FEET :
3. ALONG THE ARC OF A COMPOUND CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF
21 °17'49", A RADIUS OF 812.96 FEcET , AN ARC LENGTH 302 .18 FEET , THE CHORD OF WHICH
BEARS N24'01 '53"W , A DISTANCE OF 300.44 FEE T;
' 4. ALONG THE ARC OF A COMPOUND CURVE TO THE LEFT HAVING A CEN I RAL AN GLE OF
09'52'27", A RADIUS ' F 803.89 FEET , AN AR C LENGTH 138.54 FEET , THE CHORD OF WHICH
BEARS N35 '1 4'54 "W, A DISTANCO: OF 138.37 FEET ;
5. N40 '11'08'W, A DISTANCE OF 131 .20 FEET TO A POINT ON THE SOUTH RIGHT-OF -W AY L:"JE
OF A RIGHT-OF -WAY EASEMENT FOR PLUM VALLEY LANE AS RECORDED AT RECEPTION NO .
I' \4 1/tl41201\AJm111U.c g111 lk.¾11ptu111 ~\I .. OT I M doc41Jn OOR
20 05 120153 , DOUGLAS COUNTY RE CORDS ; THEN CE ALONG SAID SOUTH RIGHT-OF-WA Y
EASEMENT THE FOLLOWING EIGHT (8) COURSES :
1. N04'39'3T'E. A DISTANCE OF 50 .26 FEET ;
2. N49'34'05 .. E. A DISTANCE OF 7 1.11 FEET ;
3. ALONG THE ~RC OF A NON -T ANGENT CURVE TO THE RIG HT , HA VIN G A CENTRAL ANGL c
OF 129'1lT 22 .. , A RADIUS OF 195.00 FEET , AN ARC LENGTH OF 43!1.46 "~ET. AND V✓HOSE
CHORD BEARS S65'39'42"E, A DISTANCE OF 352 .19 FEET ;
4. S01 'll6'01 "E, A DISTANCE OF 2:1.32 FEET ;
5. ALONG THE ARC OF A TANGENT CURVE TO THE LEFT , HAVING A CENTRAL ANGLE OF
88 °40'59", A RADIUS OF 255.00 FEET, AND AN ARC LENGTH OF 394.69 FEE T;
6. S89 °4T00"E. A DISTANCf OF 84.42 FEET;
7. ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF
02°52'28 ", A RADIUS OF 195 .00 FEET , AND AN ARC LENGTH OF 9.78,FEET ;
8. S86'54'33 "E, A DISTANCE OF 25 0.55 FEE·: T() A POINT ON THE SOUTHWESTERLY LINE A
CEN TENNIAL WATER ANO SANITATIGN DISTRICT EASEME"IT RE<;ORDED IN BOOK 415 AT
PAGE 660, DOUGLAS COUNTY RECO11DS ; THENCE ALONG SA i::l SOUTHWESTERLY LINE THE
FOLLOWING TWO (2) COURSES:
S40"00'00 "E, A DISTANCE OF 614 .74 FEET ;
2. N90'1lO '00"E, A DISTANCE OF 126.10 FEET TO THE POINT1>F BEGINNING .
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CONTAINING 13.630 ACRES OF LAND MORE OR LESS .
THE BEARINGS ARE BASED ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST
1/4 OF SECTION 4, TOWNSHIP 6 SOUTH , RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN
BEING A GR ID BEARING OF S01 "00'12"E, SAID EAST LINE IS MONUMENTED WITH A 3·1/4"
ALUMINUM CAP STAMPED "AZTEC PL, 17666" AT THE NORTHEAST CORNER OF THE
SOUTHWEST ONE-QUARTER QF THE NORTHEAST ONE -QUARTER (SW ¼ NE '/4) AND A 2-1/2"
ALUMINUM CAP STAMRED "EMK PLS 12405" AT THE SOUTHEAST CORNER OF THE
SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER (SW ¼ NE '/4) OF SECTION
4, TOWN & IP 6 SOUTH , RANGE 68 WEST OF THE 5TH PRINCIPAL MERIDIAN . THE GRID
BEAR ING WAS OSTAINED FROM A GLOBAL POSITIONING SYSTEM (GPS) SURVEY BASED ON
THE COLORADO HIGH ACCURACY REFERENCE N~TWORK (CHARN). THE GRID BEARING 1S
NAD83 (1 992) · COLORADO STATE PLANE CENTRAL ZONE (502).
THIS PARCEL DESCRIPTION IS INTENDED TO DESCRIBE LOT 1, OF THE FUTURE PLAT OF
"HIGHLANDS RANCH -FILIN I" :,0. 1~3·, TO BE RECORDED IN DOUGLAS COLlN TY , COLORADO.
SHOULD THERE BE ANY DISCREPANGIES BETWEEN THIS PARCEL DESCRIPTION AND "AID
LOT 1, OF THE RE CO RDED PLAT , THE RECORDED PLAT DESCRIPTION SHOU LD BE
CO NSIDERED CORRECT.
PREPARED BY : JANET A. CALDWELL, PLS 29027
THE LUND PARTNE P.::HIP , INC .
12265 WEST BAY AUD AVENUE, SUITE 130
Lt '<~WOOD , COLORADO 80228
I' \418 \0?0I \Admm\uga l Dcmiplion~\LOT I ld .Joc4/Jn008
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