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HomeMy WebLinkAbout2006 Resolution No. 050f . • • • RESOLUTION NO . m SERI ES OF 2006 A RESOLUTION SUPPORTING THE RIGHT-OF-WAY DEDICATION OF WEST FLOYD AVENUE AT SOUTH CHEROKEE STREET. THE ALLEY ACCESS AND SIDEWALK ALONG FLOYD A VENUE BY THE ENGLEWOOD ENVIRONMENTAL FOUNDATION. INC. TO THE CITY OF ENGLEWOOD. COLORADO. WHEREAS, in 1997 the City Counci l of the City of Eng lewood . Colorado authorized the creatio n of the Eng lewood Env ironmenta l Foundation. In c. (EEFI), as a nonprofit de\'elopment corporation to funher the redevelopment of the Cinderella City si te : and WHEREAS. in the l960 's, as Cinderella City was being constructed. the developer aligned West Floyd Avenue to it's presen t location: and WHEREAS, the new Floyd Avenue right-of-way was de di cated to the public and properly recorded in Arapahoe County records : and WHEREAS , the ownersh ip of the old Floyd Avenue alignmenl. belween Cherokee and Delaware, transferred to th e deve loper; and WHEREAS, in lh c l960 's 1he lega l dcscriplion for 1he Floyd Avenue dedicalion did not include cxiending Soulh Cherokee Street 10 Floyd Avenue and did 1101 address access to the soulh end oflhe alley be1wcen Che rokee and Delaware: and WHEREAS . in !he i 990 's. 10 faci lit ale Ci 1yCen ter development . EEF I obl aincd tille 10 all !he Cinderella Ci ty propenies fonnally owned by 1he Equirable Life Insurance Co mpan y and Kravco Inc.: and WHEREAS. included in the 1990 's transfer 10 EEF I was 1he triangularshaped parcel of old Floyd Avenue : and WHEREAS , it appears thal the inlcnt was always to dedicnle !he Cherokee Strcel exte ns ion and alley ncccss: and WHEREAS . the City improvements we re constructed on the propcny including streel paving and a traffic signal a the intersection with continua l physical access sinc e the mid I 960's: and WHEREAS , EEFI proposes 10 dedicate right-of-way for Chero~.ee Street. the alley access and si dewalk along Floyd A venue: NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-The City Council of the City of Englewood, Co lorado, hereby suppons the right - of-way dedication of West Floyd Avenue at South Cherokee Street, the alley access an< sidewalk along Floyd Avenue by the Eng lewood Environmental Foundation, Inc. to the City of Englewood, Colorado, described as "Parcel A" on anached "Exhibit A. ~ This resolution of support in no way waive1 or deleptet the City's regulatory powers, dutiell and responsibilities with respect to zon ing and governmental issue1 . ADOPTED AND APPROVED this s" day of June , 20<.'6. I, Loucrishia A. Ellis . City Clerk for the City of Engle above is a tr,e copy of Resolution No .6Q_. Series o • • • f A .lDW ln&'f'IIU RJ.nOI • • PARCEL A A PART OF THE SOUTHWEST ¼ OF SECTION 34 , TOWNSHIP 4 SOUTH , RANGE 68 WEST OF THE 6n1 P.M .. COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF ABBOTT'S SUBDIVISION SECOND FILING : THENCE SOUTHERLY ALONG THE EAST LINE OF SOUTH CHEROKEE STJU\ET EXTENDED SOUTH A DI STANCE OF 80 .00 FEET TO A POINT OF CU RVATIJRE ; THENCE ALONG A CURVE TO THE LEFT , WITH A CENTRAL ANGLE OF 90'00'00", A RADIUS OF 50 .00 FEET AND AN ARC DISTAN CE OF 78 .54 FEET MORE OR LESS TO A POINT ON THE NORTH LINE OF WEST FLOYD AVENUE AS DESCRIBED IN BOOK 1807 AT PAGE 683 ; THENCE WESTERLY ALONG SAID NORTH LINE OF WEST FLOYD A VENU E THE FOLLOWI NG THREE COURSES, SOUTH 89'56'51" WEST , A DISTANCE OF 45 .40 FEET: THEN CE NORTH 75 '15 '49" WEST A DISTANCE OF !08 .23FEET ; NORTH 69'31'09" WEST A DISTA NCF. OF 239 .47FEETTO A PO INT 18 .1 FEET SOUTH OF THE FXTENDED WEST LINE OF LOT 13, BLOCK I, PARK ADDITION TO THE CITY OF ENGLEWOOD : THENCE NORTHERLY ALONG THE EXTENDED WEST LINE OF SAID LOT 13 A DISTANCE OF 8.48 FEET: THENCE SOUTH 69 '31 '09" EAST AND 7.95 FEET PARALLEL TO THE NORTH LINE OF WEST FLOYD AVENUE AS DESCRIBED IN BOOK 1807 AT PAGE 683 A DISTANCE OF 226.68 FEET TO A POINT ON A NON-TANGENT CURVE TO THE LEFT: THENC E ALONG SAID CU RVE TO THE LEFT, WITH A CENTRAL ANGLE OF 103 °3 6'33", AND A RADIUS OF 43 .00 FEET, AN ARC DISTA NC E OF 77.76 FEET, WHOSE CHORD BEARING IS NORTH 59 '42'32" EAST AND WHOSE CHORD DISTA NCE JS 67.59 FFH: THENCE NORTH 02 '35'03 " WEST A DISTANCE OF 13.78 FEET; THENCE NORTH 14 '17'40" WEST A DISTANCE OF 12 .02 FEET: THENCE SO UT H 89'52'34" WEST AND PARALLEL WITH THE SOUTH LINE OF PARK ADDITION TO THE CITY OF ENGLEWOOD A DISTAN CE OF 165 .66 FEET ; THENCE NORTH 00'22'30" EAST A DISTANCE OF 30 .00 FEET TO A POINT ON THE SOUTH LINE OF PARK ADDITION TO THE CITY OF ENGLEWOOD ; THENCE EASTERLY AND ALONG THE SOUTH LINE OF SAID PARK ADDITION TO THE CIT Y OF ENGLEWOOD AND THE EXTENSION THEREOF NORTH 89 °52 '34' EAST A DISTANCE OF 222 .95 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING . COUNTY OF ARAPAHOE , STATE OF COLORADO. THIS DESCRIPTION PREPARED BY RONALD W. FLANAGAN , PLS 26958 NOVEMBER 18, 2004 • COUNCIL COMMUNICATION Date: Agenda Item: Subfect: June 5, 2006 11 Ci Right-of-Way Dedication, West Floyd Ave nue at South Cherokee Street lnlllated By: St~ff Source: Depa rtment of Public Works Ri ck Kahm, Dire ctor COUNCIL GOAL AND PREVIOUS COUNCIL ACTI :,i In 1997, City Council authorized the creation of the Eng:ewood En vironmenta l Foundation , Inc. (EEFI) as a non profit de ve lopment co rporation l o further th e rede ve lopment of the Cinderella City site. RECOMMENDED ACTION Staff reco mm ends Cou nci l approval of a Reso luti on supporting th e right-of-way dedication fr om the EEFI. • BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In the mid 1 %O's, as Cinderella City was being co nstru cted, the de ve loper realigned West Floyd Avenue to its present loca tion . The new Floyd Ave nue right-of-way wa s dedicated to the public, and was properly re cor ded In Arapah oe County r~cords. Owners hip of the old Floyd Avenue alignment, between Cherokee and Delaware , trans fe rred to the de ve lope r (see attached aerial photo exhibit). The legal description for the Floyd Ave nue dedi ca tion did not include extending Sou th Cherokee Stre et lo Floyd ,111d did not address access to the south end of the alley between Cherokee and Delaware. In the late 1990's, lo facilitate CityCenter development, EEFI obtained title to all the Cind erella City properties formally ow ned by the Equitable Life Insurance Company and Kravco Inc. included In this transfer was the triangular shaped parcel of old Floyd Ave nue . Arapahoe County records list EEFI as the owner. Staff conferred with a title company who co nfirm ed that EEFI is the owner. II appears that the intent was always to dedicate the Cherokee Street extension and alley access. City improvements were constructed on the property, including street paving and a traffic signal at the intersection . Physical access has continuously existed since the mid 1 %O 's. EEFI proposes lo dedicate Right-of-Way for Chernkee Street, the alley access, and sidewalk along Floyd Avenue. The proposed dedication is shown on the attached Land Survey Plat as "Parcel A" and depicted on the attached color aerial photo. • FINANCIAL IMPACT There are no financial impacts related to this transaction. LIST Of ATTACHMENfS Aerial photo of EEFI property Land Survey Plat Legal Description Color Aerial Photo Resolution •