HomeMy WebLinkAbout2007 Resolution No. 083•
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RESOLUTION NO . ~~
SERIES OF 2007 --
A RESOLUTION CONCERNING THE INTENT OF THE CITY OF ENGLEWOOD ,
COLORADO TO ACQUIRE REAL PROPERTY FOR THE PURPOSE OF PROVIDING A
MUL Tl-USE RECREATIONAL TRAil.. TIIROUGH THE UTILIZATION OF THE CITY'S
POWER OF EMINENT DOMAIN .
WHEREAS, the City of Englewood, Colorado possesses the power of eminent domain
pursuant to the provisions of Article XX , § I of the Colorado Constitution, Article IV , Part Ill ,
Section 76 of the City of Englewood Home Rule Charter, C.R .S. § 38-1-10 1, et seq ., C.R.S. §
38-6-101 , et seq., and C.k.S. § 31-lS-201(1); and
WHEREAS, the City of Englewood wishes to acquire the easements more particularly
described in Exhibit A through D, attached hereto and incor .oorated hereir, by this reference
(collectively, the "Subject Properties"), for the purpose of constructing and providing a multi-use
recreational trail within the City; and
WHEilEAS, the City Council of the City of Englewood wishes 10 comply with all applicable
provision, ,·fC.R.S. § 38-1-101 , et seq., including, but not limited to, the notice and negotiation
requirements and provisions thereo f.
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
~-Notice is hereby given pursuant to C.R.S. § 38-1-121(1) that the City of
Englewood, Colorado , intends to acquire ea sement s of property more particularly described in
E>thibit A (coll ecti vely, the "Subj ect Properties").
~ The acquisition of the Subject Properti es serves a public purpose and is necessary
and essential to the City's ability to provide multi-use recreational trails for the residents of the
City ofEnglewood .
~ The City Attorney is hereby directed to provide a copy of this Resolution to all
persons who presently own or maintain an ownership interest in the Subject Properties notifying
them of the intent of the City ofEnglewood to acquire such property through the use of the City's
power of eminent domain .
~ The staff of the City, together with the City Attorney, and any and all persons
retained or employed by the City of Englewood in the prosecution of this matter, are directed to
comply with all notice and good faith negotiation n,quirements set forth in C.R.S . § 38 -1-101 , et
seq ., in the conduct of the within authorized eminent domain actions .
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~ ht the prooecution of the within authorized eminent domain 11Ct10111, the City ahlll
rm1n all ripll and powen lawfully delegated to it by the Colorado Comtitution, the City of
Enatewoocl Home Rule Charter, and C.R.S. § 38-1-101, ,1 seq.
ADOPTED AND APPROVED this 20'.h dsy of Auauat, 2007 .
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COUNCIL COMMUNICATION
Date:
August 20, 2007 I
Aaenda Item: I Subject :
11 c Ill Resolution to acquire property for Big
Orv Creek Trail
Initiated By:
Deoartment of Public Works I Staff Source:
Rick Kahm Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved Ordinance No . 18, Series 2006 approving an Intergovernmental Agreement
(IGA) with Urban 'Jralnage and Flood Control District (UDFCD) regarding funding participation by
the District.
Council approved Ordinance No . 31, Seri es 2006 authorizing a contract with the South Suburban
Parks Foundation (SSPF) regarding their comm itment to provide matching funds for the project.
Staff presented an update regarding the Right-of-Way status at the December 4, 2007 Study
Session.
RECOMMENDED ACTION
Staff recommends Council approval of a resolution concerning the Intent of the City of Englewood
to acquire property for Big Dry Creek Trail.
IACl<GROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In 1994, Englewood, Littleton, and SSPF cooperated in the preparation of a plan to install a bike trail
along Big Dry Creek from the S. Platte Riv er to the Highline Canal. A master plan , prepared by Bob
Seams of Urban Edges, Inc ., proposed the trail alignmen~ phasing, and fundraising
recommendations . Seven segments of construction have taken place as detailed below :
Windermere to Belleview (Belleview Park segment)
Belleview to Fox (Progress Park segment)
Platte River to Windermere
Bridge over Platte River
Fox to Lehow Avenue (Phase I)
Greenwood Point to Washington Street
Broadway to Greenwood Point (Phase II)
Completed In 199 7 ($450,000)
Completed In 1999 ($200,000)
Completed in 2001 ($592,000)
Completed In 2002 ($307,000)
Completed In 2004 ($520,000)
Completed In 2006 ($620,000)
Completed In 2007 ($530,000)
The Lehow to Broadway segment has been delayed due to right-of-way Issues. Th is Is the only
section remaining within the City of Englewood (see attached Big Dry Creek Trail aerial photo map).
The South Suburban Parks Foundation (SSPF) took the lead role In acquiring the necessary right-of-
way for the trall system . They successfully negotiated the acquisition of nineteen parcels of land
between th e Platte River and Washington Street Fifteen of the nineteen parcels were donated .
The other four were acquired through a negotiated payment to the owners . In all ?f these cases,
the SSPF and landowners came to an agreement without ordering formal appraisals or hiring
independent negotiators . The City of Englewood did not play an active role In these negotiations .
Ir, 2001 , lhe South Suburban Parks Foundation (SSPF) began negotiating with the two property
c ·.,.,ners between Lehow and Broadway. The SSPF's representatives were not .uccessful.
In early 2005 , It appeared evident lo both the SSPF and Englewood Public Works staff that the
negotiations were stalled and not likely to result in a llmely acquisition . Englewood recommended
formal appraisals be commissioned to establish the fair market value of easements for the trail .
SSPF concurred and agreed lo pay the cosl of these appraisals . SSPF's hired an Independent
negolialor who delivered written offers for the full market value to both property owners and
continued discussions . These efforts were nol successful.
At lhe December 4, 2006 Study Session, staff discussed the status of right-of-way and requested
Council 's concurrence to proceed wilh these acquisitions, wilh lhe understanding that
condemnation proceeding.< may be required. Council directed staff lo proceed. Updated
appraisals were ordered anJ the services of H.C. Peck & Associates were retained lo provide
professiona , negotiation services. Informal negotiations have nol produced an agreement and H.C.
Peck recommends moving forward wilh the formal acquisition process.
Legal descriptions of the property lo be acquired by easement purchase are attached to lhe
Resolution. The acquisition from the Liquor Control property (Meisler) consists of one permanent
easement labeled Exhibit A. The updated appraisal established a fair market value of $54,361. The
acquisition from the RWC Parcel (Lehrer) consists of two permanent easements, one for the main
trail and one for a ramp up lo Broadway, along with one temporary easement lo construct the
ramp. The fair market value of these three easements total $27,741.
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Pending Council 's approval of this resolution , the City Attorney's office will retain the services of an •
attorney experienced in condemnation proceedings 10 work wilh our negolialors and proceed with
acquiring these properties .
FINANCIAL IMPACT
The UDFCD is contributing $50,000 towards these acquisitions (Ordinance No . 16, 2006).
SSPF is paying for all other oul of pocket costs, including appraisals, negotiators, attorneys,
easement purchase, design, and construction of the trail system between Lehow and Broadway
(Ordinance No . 31 , 2006).
UST OF ATTACHMENTS
Big Dry Creek Trail aerial photo map
Resolution
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RESOLUTION N0.
SERIES OF 2<YJ7
A RESOLUT ,<.'N CONCERNING THE INTENT OF THE CITY OF ENGLEWOOD,
COLORADO T!l ACQUIRE REAL PROPERTY FOR THE PURPOSE OF PROVIDING A
MULTI-USE F.:!;CIIBATIONAL TRAll. lHROUGH THE UTil..lZATION OF THE CITY'S
POWER OF EMINENT DOMAIN .
WHEREAS, the City of Englewood, Colorado possesses the power of eminent domain
punuant to the provisions of Anicle XX, § I of the Co)o1114)0 Constillltion, Anicle IV, Pan m,
Section 76 of the City of Englewood Horne Rule Charter, C.R.S. § 38-1-101, er seq., C.R.S. §
38-6-101 , et seq., and C.R.S. § 31-25-201(1); and
WHEREAS, the City of Englewood wishes to acquire the easements more particularly
described in Exhibit A through D, attached hereto and incorporated herein by this reference
(collectively, the "Subject Properties"), for the purpose of constructing and providing a multi-use
recreational trail within the City ; and
WHEREAS, the City Cowicil of the City of Englewood wishes to comply with all applicable
provisions ofC.R.S. § 38-1-101, et seq ., including, but not limited to, the notice and negotiation
requirements and provisions thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, THAT:
~-Notice is hereby given punuant to C.R.S. § 38-1-121(1) that the City of
Englewood, Colorado, intends to acquire easements of property more particularly described in
Exhibit A (collectively, the "Subject Properties").
~ The acquisition of the Subject Properties serves a public purpose and is necessary
and essential to the City's ability to provide multi-use recreational trails for the residents of the
City of Englewood .
~ The City Attorney is hereby directed to provide a copy of this Rese>lution to all
persons who presently own or maintain an ownerahip interest in the Subject Properties notifying
them of the intent of the City of Englewood to acquire such property through the use of the City's
power of eminent domain .
~ The staff of the City, together with the City Attorney, and any and all persons
retained or employed by the City of Englewood in the prosecution of this matter, are di.-ected to
comply with all notice and good faith negotiation requirements set forth in C.R.S. § 38-1-101, et
seq ., in the conduct of the within authoriz.ed eminent domain actions .
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~ In the prosecution of the within authorized eminent domain actiOIIJ, the City shall
main all riahta and powm lawfully delegated to it by the Colorado Constitution, the City of
Ena)ewood Home Rule Charter, and C.R.S. § 38-1-101 , et seq .
ADOPTED AND APPROVED this 20th day of August, 2007 .
ATTEST : Olga Wolosyn, Mayor
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis , City Clerk for the City of Englewood , Colorado , hereby certify the
above is a true copy of Resolution No._. Series of 2007 .
Loucrishia A. Ellis , City Clerk
EXHIBIT A
A parce l of land being a pa11 of Lots I , 2 and 3, Raffeny Ga rdens , loca ted in the Northwest
Qua ner of Sec tion 15 , Tow nship 5 South, Range 68 West o f the 6th Principal Meridian ,
Arapa ho e County, Stale of Co lorad o, being more pa11icularl y descr ib ed as follows :
Note : For th e purpose of this de scription th e bearings are ba sed on th e wes terl y li ne of Lot 3,
Rafferty Garde ns. also being the easte rl y lin e of Lehow Avenue , bea1ing Non h 63°31 '05" East,
402 .48 feet. Th,, so uthw es terly and north we sterl y comers of said Lo t 3 being monument ed with a
I 1/4" Red Pla,;ti c Cap on a #4 rcbar stampe d WSSI 23524 .
Beginning at th e so uthwesterly co mer of said Lot 3;
Thence North ()3°31 '0 5" Ea st, I 06 .83 feet along said wes terl y lin e o f Lot 3 and sa id
eas ter ly line of Lehow Avenue ;
Thence South 72°57'00" East, 71 .23 feet to a point of tangent curvature;
Thence along the arc of a curve to the right ha vi ng a central angle of 12°24 '37", a radius
of 225 .00 feet, an arc length of 48 . 7) feel , a chord bearing of South 66°44 ' 42"
Ea st and a chord di stan ce of 48 .64 feet lo a point o f compound curvature;
Thence along the arc of a curve to the right having a central angle of 07°57'27", a ra di"s
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of 150 .37 feel, an arc length of20 .88 feet , a chord bearing of South 64°31 '07"
East and a chord distance of20.87 feet to a point of reverse cu,vature; •
Thence along the arc of a curve to the lcfl having a central angle of 26°05'25", a radius
of 75 .00 feet , an arc length of 34 .15 feet , a chord bearing of South 80 "20' I O"
East and a ch ord distance of 33 .86 feet to u point tangency ;
Thence North 86 °3 7'08" East, 50.21 feet to a point of tangent curvature ;
Thence along the arc of a curve to lhe right having a central angle of 19°53 '28", a radi us
of 175.00 feel , an arc length of60 .76 feet, a chord bearing of South 86°26 '09"
En sl and a chord dislance of 60.45 feel lo a point tangen cy ;
Then ce South 73 °29'25" East , 35 .62 feet lo a point of tangent curvature;
The:ice along the arc nfa curve to the right hav ing a ce ntral angle of 17 '50'22", a radius
of 62 5.00 feet, an arc length of 194 .60 feet , a chord bearing of Sou th 64°3 4 ' 14"
East and a chord dist ance of 193 .81 feet to a point of reverse curvat ure;
Thence along the arc of n curve to the Jell having a ce ntral angle of 72°48' 57", a radi us
of 125 .00 feet , an arc length of 158 .86 feel, a chor d bearing of Nonh 87°56 '28"
East and a chord dislance of 148.38 f~et to a point of re verse curvature;
Thence along the arc of n curve lo the right having a central angle of 20°07 'O T', a radius
of I 25 .00 fe et, 1111 arc length of 43.89 feet , a chord bearin g o f North 6 1 °35 '33"
Eas t and a chord distance of43.67 feet to a point of non -tangen cy;
Thence Nonh 00° I J '42" We st, 26 .2 4 feel to the easterly line of sa id Lot I , Rafferty Garden s;
Thence along said easterly line of Lo t I, Raffeny Gardens the following co urs es :
Thence South 34°09'55" Eaat, 58 .71 feet ;
Thence Soulh 50°29'55" East, 20 .00 feet; •
Thence South 79 °59'55" East , 23 .00 feet;
Thence South 37°59'55" East , 29 .00 feet ;
Thence South 59°59'55" East. 20 .00 feet ;
Thence South 24'59'55" East, 12.00 feet;
S 196'9~008\l l·i:a l11 \l.1qu111 C,1111101 .doc
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Thence South 02°29'55 " East. 25 .00 feel;
Thence South 30°00'05 " Eusl, 15 .00 feet ;
Thence South 54°00'05 " West, 15 .00 feet ;
Thence South 76°00 '05" West , 12 .00 feet ;
Thence South 87°00 '05" West, 20.00 feet ;
Thence South 75°30 '36" West, 28 .07 feet to the north east co mer uf Lot 14 , Rnffo rty
Ga rdens:
Thence North 80°55 '45" West, 101 .28 fe et to the northwe st comer of rni d Lot 14, Rufferty
Gardens ;
Thence North 78°58'28" West, 101 .89 feel to the northwest com er of Lot 13, RnfTcrty
Gardens ;
Then ce North 57°59 '40" West, 71.95 feet along the northe rly line of Lot 12 ,
Raffert y Gardens to the southeast comer of said Lot 2, Rafferty Gardens ;
Thence along the southerly line of said Lots 2 and 3 the following courses :
Thence No ih 87°57'09" West, 39 .04 feet along said north er ly line of Lot 12,
Ra fferty Gardens to the northwest comer of said Lot 12 , Rafferty Gardens;
Thence North 67 °12' 19" West, I 08 .50 feet to the northwest comer of Lot 11, Rafferty
Gardens.;
Thence Nortl; 75°05'25" West, 41.43 feet along the northerly line of Lot 10,
Ra (i'erty Gardens to the southeast comer of said Lot 3, Rafferty Gardens;
Thence North 78°50 '42 " West, 61.13 feet along said northerly line of Lot 10,
Raffe.ty Gardens to the northwest comer of said Loi 10, Rafferty Gardens;
Thence Nort l, 87°27'12 " West, 100.10 feet to the northwest comer of Lot 9, Rafferty
Gardens;
Thence No:th 81°1 2'1 I" West , 101.20 feet to the northwest comer of Lot 8, Rafferty
Gardens;
Thence North 59°23 '27" West, 116.68 feet along the northerly line of Lots 6 and 7, Raffert y
Gardens to the Point ofBeginning .
Containing 71,983 square fe et or 1.65 acres, more or les s.
I hereby certify that the above legal description was prepared under my direct supervisi on.
WSSI Job#: 9494-008
Date : March 16 , 2005
For md on Behalfof
WESTERN STATES SURVEYING, INC.
12753 South Parker Road, Suite 205
Parker CO 80134
303-841-7436
Albert V. Valletta , Jr. PLS 23524
NOTICE : According to Colorado Law you must commence any le11al action based upon any
defect in this surv,:y within three years aner you first discover such defect . In no event may any
Action based upo" any defect in thi s survey be commenced more than len yenrs from the date of
the certification shewn here,:m .
S :19494008\LeM■tslliqnor Control .doc
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DISTANCE
W 20.00 '
1,1 28.07'
1,1 101.ZI'
"fl IOl.89 '
71."'
108.,0'
41 ,◄J'
1,1 61 ,1)'
\J 101.20'
116.68'
,0.21 ·
ARC L[t,f(jlH CHORD LCHGTH
48,7] 48.64
]◄.1, JJ.86
60.76 60.45
i,◄,60 19],81
158.86 148.JB
4].89 43.&7
ZD.88 20.87
RArr(RY CAROCHS AV(NUE (50')
SOUTH SUBUR.BAN PARKS FOUNDA TION
1.65 AC .
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EXHIBIT B
A parcel orlund being u part of Lots 15, 16 and 17 , Rafferty Gardens, located in the Northwest
Quarter of Scclion 15 , Township 5 South, Range 68 Wesl of lhe 6th Principal Meridian,
Arapahoe oun1 y, Slu tc of Colorudo, being more parti cu larly described as follows :
Note : For lhc purpose of lhis descripl io n lhe bearings are based on lhe westerly line of Loi 3,
Rafferty Gurrlens, also heing the caslcrly line of Lehow Avenue, bearing North 63°31 '05" Eas t,
402 .48 feet. The soulhwesterly und north w lerly corners of said Lot 3 being monum e,nted wilh a
I 114 " Red Plaslic Cap nn a #4 rebar stamped WSSI 23 524.
Commencing al the northwest corner of Loi 15, Rafferty Gardens also being the nort he ast corner
of Loi I 4, Rafferty Gardens;
111ence along lhe westerly line of said Lot 15 , Rafferty Gardens 11. _ following courses :
TI1ence North 75°30 '36" East, 28 .07 feet;
Thence North 87°00'05" East, 20 .00 feet;
Thence North 76°00'05" East, 12 .00 feet;
Thence North 54°00'05'' [last, 15 .00 feet ;
Thence North 30°00'0~" East, 15 .00 feet;
Thence North 02°29'5S" West, 25 .00 feet ;
Thence North 24°59'55 " West , 12 .00 feet;
Thence North 59°59' 55" West , 20 .00 feet ;
Thence North 37°59'55" West, 23.04 feet lo the Point of Beginning;
Thence continuing along said westerly line of said Loi 15 , Rafferty Gardens lhe following
courses :
Thence North 37°59'5 ~" West, 5.96 feet;
Thence North 79 °59 '55" West , 23 .00 feet;
Thence North 50°29 '55" West, 20.00 feet;
Thence North 34°09'55" West, 58 .71 feet;
Thence leaving said westerly line of said Loi 15, Rafferty Gardens North 89°57' 50" East, 259 .72
feet to the westerly line of that tract of land as described in Book I 077 at Page 526 of the
Arapahoe County Records ;
Thence South 26°32'10" East, 67 .39 feet along said westerly line to a point of tangent
curvature;
Thence along the arc ofa curve to the left havi11g a central angle of00°3 I '45", a radius of
254 .20 feet, an arc length of 2.35 feet, a chord bearing of South 26°48' 13" East and a
chord distance of 2.35 feet to a poinl of non-tangency;
Thence North 82°56 '55" West, 44 .55 feel to a point of tangent curvature ;
Thence along the arc of a curve to the left having a central angle of27°08 '36 ", a radius of
70 .00 feel, an arc length of 33 .17 feet, a chord bearing of South 83°28 '47" West and a
chord distance of32.86 feet lo a point of reverse curvature;
Thence along the arc ofa curve to the right having a central angle of30°42'55", a radius of
206 .64 feet, an arc length of 110 .78 feet, a chord bearing of South 85°15' 53" West and a
chord distance of I 09.45 feet to a point of reverse curvature ;
S:19494008\Legals\Leher.doc
Then ce along the arc of a curve to the left having a central angle of 17°39'49", a radius of
70 .00 feet , an arc length of2l .58 feet, a chord bearing of North 88°12'34" West and a
chord distance of21.49 feet to a point ofreverse curvature ;
Thence along the arc ofa curve to the right having a central angle of00°07'03", a radius of
4303 .19 feet, an arc length of 8.82 feet, a chord bearing of South 82°35 '57" West and a
chord distance of 8.82 feet to the Point ofBeginning .
Containing 16 ,598 square fee t or 0.38 acres , more or less .
I h~reby certify that the above legal description was prepared under my direct supervisi on.
WSSI Job #: 9494-008
Date : March 16, 2005
For and on Behalf of
WESTERN STATES SURVEYING , INC .
12753 South Parker Road, Suite 205
Parker CO 80134
303-841-7436
Albert V. Valletta, Jr. PLS 2352 4
NOTICE : According to Colorado Law you must commence any legal action bas ed upon any
defect in this survey within three years after you first discover such d.,fect. In no event may any
action based upon any defect in this survey be commenced more than ten years from the date of
the certification shown hereon.
S:\9494008\Lcgol1\Lchcr .doc
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EXHIBIT
DI STANCE
28,07 '
20,00 '
12.00 '
15.00 ' I
15.00' '
',/ 25.00 ' ' '',/ 12 .00 · '
'',/ 20.00 ·
'',/ 23.0'4 '
'',/ 5.96 '
'',/ 23,00'
',/ 20.00 '
59,71'
67.39' .. ◄.SS '
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~o►iN~Mil\~~.JrvRE~RfiENT OWNER :
INTENDED ONLY TO DEPICT THE ROBERT LEHER
ATTACHED DESCRIPTION .
SOUTH SUBURBAN PARKS FOUNDATION CALC: AVV 05
EXHIBIT C
LEGAL DESCRIPTION
A parce l of lan d be in g a pan of Lois 16, 17, 18 nnd 19, Rafferl y Gardens , loca led in lh e
Northwcsl Quar1 cr o f Seel io n 15 , Towns hip 5 So111h , Range 68 West of th e 6th f'rincipal
Meridian, Arapaho e Cou nt y, Stal e of Co lorado, being more par1icularly described as follows :
No le: For lh c purpos e of I hi s descrip ti on the bearings are based on the wes terly lin e of
Lo t 1, llaffer1y Ciardens, also being the eas terl y l!nc of Leh ow Avenue, bearing North
63"J I '05" Eas t, 402.48 feel. Th e so uthw es lerl y and northwe sterl y corners of sa id Lot 3
being 111om11n ent ,,d by a #4 rebar with a I " Red Pla slic Cap stamped WSSI 23 524 .
COMMENCING al th e so ulh eas t co rner of a lracl of land described in Book 100 7 al
Page 526, said corner being th e sout heas t corne r of Lot 19 as shown 011 the pl al of
Rafferty Ga rd ens;
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Then ce South 89°57' 50" We st, 25 .00 feel along !he so ulh line of sa id tra ct of land
described in Book 1007 at Page 526 and the so uth line of sai d Lot 19;
Thence Nonh 00°02' 1 O" Wes1, 90 .20 feel along !h e weslerly lin e of sa id lr ac l of land •
de sc rib ed in Boo k I 007 al Page 526;
Thence North 14 °04'10" Wes t, 36.49 feel along sa id wes ter ly line 10 the TRUE
POINT OF BEGINNING ;
Th e nce North 46 °37'18" Wtsl, 30 .99 feet;
Thence North 51 °57'35" West , 53 .80 feet;
Th e nce Nonh 49°28'03" West , 135.34 feel lo a point of non tang ent curvature;
Then ce north wes terly along the arc of a curve lo the right, !he radial I ine lo the ce nt er
point bears North 42 ° 12'33" East, a radiu s of 65 .90 feet , thn, a ce ntral ang le of
16°5)'23 ", an arc length of 19.47 feet, whose chord bears North 39°19'46" We st a
length of 19 .39 feet to a point of non tangency ;
Thenc e South 82°56'55" East , 43.14 feet lo said westerly lin e and a point of
non tang ent cu1valure ;
Thence along said westerly lin e the fo ll owing thr ee (3) courses :
I . so uth eas lerl)' along the arc of a curve lo the lef\, th e radial lin e lo the ce nter poi nl
bears North 62°5 5'5 4" Ea st, a radius of254 .20 feet , thru a centra l ang le of
32°57'53", an arc length of 146 .25 feet, whose chord be ars Soulh 43°33'03" Eas t a
lengt h of 144 .24 feet;
2. South 60°02'1 O" East, 35 .00 feet;
3. South 14 °0 4'10" East, 31 .0 1 feet lo th e PO[NT OF BEGI.NNJNG .
S:109494009p02\Lcga/s1Trni t Easement.doc
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Containing 3,028 square feet or 0.070 acres, more or less .
I hereby certify that the above legal description was prepared und er my dir ect
supervision .
WSSl Job No . : 9494-009 .2
Date : t 1/29/06 Trai l casement
For and on Behalf of
Western States Surveying, Inc
12753 S. Parker Road, Suite 205
,Parker, CO 80134
(303) 841 -7436
Albert V. Vallelta , Jr., PLS 23524
Notice : According to Colorado law you rnust commence any legal actions based upon a
defe ct in this survey within three years after you first discover such defect. In no event,
may any action based upon any defect in th is survey be comme nc ed more than len years
from the date of certificatio n shown hereon .
S:I09494009p02\Legals\Trnil Easemcnldoc
10'
BOOK
CH.
D= 16'55 '23"
R=65.90'
L=19 .47'
BRG ,=N 39 ' 19'46 " W
CH. 0 .=19 .39'
LOT 15
RAffERTY GARDENS
0 25 SD
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SCALE: 1"=50.0D '
EXHIBIT
LOT 16
NW 1/4
SECTlON 15
T.5S ., R.6 BW .
LOT 17
CIT Y or ENGLEWOOD
CITY LIMITS (PER ASS ESSO RS MAP)
RAFFERY GARDENS AVENUE (50')
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, ,:,!";; INlENOW ONLY 10 DEPICl lHE
co «JtJ1-J1H 'J(JJ 6'I-U.JI .b.TTACHEO DESCRIPTION .
ASCG CALC : AVV 06
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E XHIBIT D
LEGAL DESCRIPT ION
TEMPORARY CONSTRUCTION EASEMENT
A parce l of land being a pnrt of Lots 16, 17 , 18 and 19 , Raffert y Ga rd ens, lo ca ted in the
Nor th west Qua11 cr of Section IS, Township 5 South, Range 68 \Vest of the 6th Prin cipal
Meridi an, Arapahoe Cou nt y, State of Colorado, being more particularly describ ed as
follow s.
Note : For the purpose of this descripti on the beari1,1gs are bas ed on the westerly line of
Lot 3, Raffe11y Ga rdens, also being the easterly line of Lehow Avenue, bearing North
63°3 I '05" East, 402 .48 feet. The southwesterly and northwe ster ly co rners of said Lot 3
being monumented by a #4 rebar with a I" Red Plastic Cap sta mp ed WSSI 23524 .
COMMENCING at the southeast corner ofa tract of land described in Bo ok 1007 at
Page 526 , sa id corner being the so uthea st corner of Lot 19 as show n on the plat of
Rafferty Gardens ;
Thence South 89 °57'50" West, 25 .00 feet along the so uth line of sai d tract of land
de sc ribed in Book I 007 at Page 526 and the south line of said Lot 19 ;
Thence North 00°02 ' IO " West , 90 .20 feet along the westerly line of sa id tract of land
described in Book I 007 at Page 526;
Thence North 14 °04'10" West, 8.61 feet along said wester ly line to th e TRUE
PO I.NT OF BEGINNING ;
Thence North 46°37'18" West, 53 .79 feet;
Thenc e North 51°57'35" West , 53 .43 feet ;
Thence North 49°28 '03" West, 13 5.88 feel lo a point of non tangent curvature ;
Thence northwesterly along the arc of a curve to the right , the radial line to the center
point bears No11h 42°02'44" East, a radius of80 .~1 feet, thru a ce ntra l an,;le of
23°31 '00", an arc length of 33 .21 feet , whose chord bears North 36° 11 '46" We st a
length of32.97 feet to a point of non tangen t curvature ;
Thence easterly along the arc of a curve to the rigl ,t, the radial line lo the center point
bears South 05°45'5 E" East a radius of70 .99 feet, through a central angle of
13°49'4 I", a di stan ce of 17 . 13 feet, whos e chord bears South 88 °5 l '08" Ea st a
length of 17 .09 feet to a point of non tangent curvature;
Thence southeasterly along the arc of a curve to the left, the radial line to the ce nter point
bears North 59°07'57" East, a radius of65 .90 feet , thru a central angle of
16°55'23", an arc length of 19.47 feet, whose chord bears Sou th 39°19 '46" East a
length of 19 .39 feet to a point of non tangency ;
Thence South 49°28'03" East, 135 .34 feet;
Thence South 51°57'35" ~ast , 53 .80 feet ;
S:109494009p021LegalslTC!;:.doc
Page I or,
Thence South 46°37'18" ERst, 30.99 feet to said westerly line ofthnt tract of land
described in Book I 007 at Page 526;
Thence South 14°04'10" East, 27 .88 feel along said westerly line to the POINT OF
BEG[NNING .
Containing 3,876 square feet or 0 .089 acres, more or less .
I hereby ce11ify that the above legal descri ption was prepared under my direct
supervision .
WSSI Job No . : 9494-009.2
' Dale : 11/29/06 TCE
For and on Behalf of
Western Stales Surveying , Inc
I 275J S. f>~rker Road, Suite 205
Parker, CO 8013 4
(303) 841-7436
Albert V. Valletta, Jr ., PLS 23 524
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Notice : According to Colorado law you must commence any legal actions based upon a
defect in this survey within three years afte r you first discover such defect. In no event, •
may any action based upon any defect in this survey be commenced more then ten years
from the date of certification shown hereon .
•
S:\09l94009pt ilLegals\TCE .doc
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LOT IS
RArfERTY GA RDEN S
0 25 50
W..®
SCALE : I "• 50.DO '
LOT 16
NW 1/4
SECTION 15
T.5S ., R,68W .
CITY or ENGLtWOOO
CITY LIMITS (PER ASSES SOR S MAP )
RAFFERY GARDENS AVPIUE (50')
NOTE : lHIS DOES 1101 REPRESENT
A MONW.•tNTED ~JRVEY . 11 IS
INTENDED ONLY TO DEPICT THE
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ATTACHED OESCRIPTl.::.ON;.:;''-----+,,-~-=--~==-~=~o
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