HomeMy WebLinkAbout1988 Ordinance No. 017'· . ~
ORDINANCE NO. _ J_tf
SERIES OF 1988~
BY AUTHORITY
COUNCIL BILL NO. 17
INTRODUCED BY COUNCIL
MEMBER KOLTAY
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1 . . . AN ORDINANCE VACATING EASEMENTS IN RETURN FOR DEDICATION OF 'l'WO PARCELS OF
t,:, : .REAL PROPERTY FRCM SANFORD K~-METZEL, D/B/A SANFORD C01PANIES' IN CONNECTION
WITH THE SILVER CLIFF DEVELOPMENT AT 300 WEST BELLEVIEW AVENUE.
WHEREAS, by Resolution No. 7, Series of 1986, City Council approved
Planned Development submitted by Sanford K. Metzel d/b/a Sanford Companies at
300 West Belleview; and
WHEREAS, by Ordinance No. 51, Series of 1985, City Council vacated the
right of way of Miramonte Road in Miramonte Subdivision and approved a grant
of easement fran Sanford K. Metzel d/b/a Sanford Companies for a waterline; ,
and
WHEREAS, Sanford K. Metzel I s engineers, Hallmark and Associates, Inc. ,
request that the City vacate the water easement retained during the vacation
of Miramonte Road and the 5-foot utility easement dedicated on the plat of
Miramonte Subdivision;-and
WHEREAS, in exchange for these vacations, Sanford K. Metzel will dedicate
two parcels of real property to the City of Englewood, one for street purposes
and the other for pedestrian access and signage purposes;
NOW', THEREFORE, BE IT ORDAINED B-;l' THE CITY COUNCIL OF THE CITY OF
ENGLEvKX:lD, COLORADO, THAT: .
Section-1. The 20-foot utility easement retained by Ordinance No. 51,
Series of 1985, which vacated Miram:::mte Road, rrore particularly described in
"Vacation of Easements" attached hereto and incorporated herein by reference,
is hereby vacated.
Section_2. The 5-foot utility easement as shown on the recorded plat of
the Mirarnonte Subdivision, recorded in Book 10 at page 82 of the records of
Arapahoe County Clerk and Recorder, and more particularly described in __
"Vacation of Easements" attached hereto and incorporated herein by reference,
is hereby vacated.
Section_3. In return for vacating the easements described in Sections 1
and 2 above, the City Council hereby accepts the dedication deed fran Sanford
K. Metzel d/b/a Sanford Companies for two parcels of real property to be used
for street purposes and pedestrian access and signage purposes. A copy of
said deed is attached hereto and incorporated herein by reference.
Introduced, read in full, and passed on first reading on the 6th day of
JW1e, 1988.
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Published as a Bill for an Ordinance on the 8th day of June, 1988.
Read by title and passed on final reading on the 20th day of June, 1988.
Published by title as Ordinance No. ::L1, Series of 1988, on the 22nd day
of June, 1988. /
I, Patricia H. Crow, City Clerk for the City of Englewood, Colorado,
hereby certify the above and foregoing is a true copy of the Ordinance passed
on final reading and published by title as Ordinance No. 1/.-, Series of
1988.
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tt.ecora at ,..:.,,, ' d'·~oc ~ M --., _ed /4{,:Jf" .,. .. ·-A JUN 2 0 1988
Reception N~98 .B39MARJORIE PAGE, Record•r
VACATION OF EASEMENTS
THIS VACATION OF EASEMENTS is made the -.6.t.h. day of_ .J..une. --, 1988 by the
CITY OF ENGLEWOOD, COLORADO, whose address is 3400 South Elati Street,
Englewood, Colorado 80110, in favor of SANFORD K. MEI'ZEL d/b/a SANFORD K.
ME'TZEL DEVELOPMENT co., a sole proprietorship, whose address is 3773 Cherry
Creek Drive North, Suite 535, Denver, Colorado 80209.
The parties hereto agree that:
1. The City of Englewood, Colorado, hereby vacates the following
described easerrents:
A. The 20-foot water easement retained under Ordinance No. 51, Series
of 1985, which vacated Miramonte Street, more particularly described as
follows:
A 20-foot-wide strip, 10 feet on each side of the following described
center line: Beginning at the Northwesterly comer of Lot 14,
MIRAMONTE SUBDIVISION, a subdivision plat recorded in the Clerk and
Recorder's office of Arapahoe County in Plat Book 10 at page 82,
Reception No. 490490; thence Easterly along the Northerly line of
said Lot 14 and along the Southerly line of West Belleview Avenue
145.3 feet to the True Point of Beginning; thence Southerly and
parallel with the Easterly lines of Lots 11 through 14, inclusive,
MIRAMONTE SUBDIVISION, a distance of 418 feet; thence on a deflection
angle to the left 08°30', a d;i.stance of 266 feet; thence on a
deflection angle to left of 13°00 1 a distance of 120 feet rrore or
less to the Point of Tenninus. Said easement to be vacated upon
relocation of the water line and new easement conveyed to the City of
Englewood, if needed, all to the satisfaction of the City of
Englewood.
B. The 5-foot utility easement as shown on the recorded plat of
Miram:::>nte Subdivision, recorded in Plat Book 10 at page 82, records
of Arapahoe County Clerk and Recorder, described as: that portion of
said easement lying North of the South line of Lot 1 of South Slope __
Subdivision as recorded in Book 64 at page 62, records of Arapahoe
County Clerk and Recorder.
2. In return for vacation of the above described easements, :;ianford K.
Metzel d/b/a Sanford K. Metzel Development Co. shall dedicate two parcels of
real property to the City of Englewood for street purposes and for pedestrian
access and signage purposes, to wit: ( 1) 11 feet of additional right-of-way
for West Belleview Avenue, as requested by the Colorado Department of Highways
to _accommodate an acceleration/deceleration lane; and (2) a 5-foot easement
for'pedestrian access and signage purposes. The said two easements shall be
recorded simultaneously in the fonn as attached hereto as Exhibit A with this
Vacation of Easements in the records of the Clerk and Recorder of Arapahoe
County.
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IN WITNESS WHEREOF, the parties have signed This Vac~ti~n of Easements on: .,. . ..... . d year first above written.
STATE OF COLORADO )
SANFORD K. METZEL d/b / a SANFORD K. METZEL
DEVELOPMENT co., a sole proprietorship
ey --~-11--~--Sanford K. Metzel, Sole Proprietor
) ss.
COUNTY OF ARAPAHOE )
STATE OF COLORADO
COUNTY OF ARAPAHOE
)
) ss.
)
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.. . .
DEDICATION DEED ;ooK54.83PAGE185
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THIS DEDICATION DEED made this ./ • .0 _ -day of June, 1988 between SANFORD K.
METZEL d/b/a SANFORD K. METZEL DEVELOPMENT CO. a sole proprietorship (Granter)
whose address is 3773 Cherry Creek Drive North, Suite 535, Denver, Colorado
80209, and the CITY OF ENGLEWOOD, COLORADO (Grantee) of 3400 South Elati
Street, Englewood, Colorado 80110;
WHEREAS, by Resolution No. 7, Series of 1986, City Council approved
Planned Development submitted by Sanford Corrpanies at 300 West Belleview; and
WHEREAS, by Ordinance No. 51, Series of 1985, City Council vacated the
right-of-way of Miramonte Road in Miramonte Subdivision and approved a grant
of easement from Sanford Corrpanies to the City of Englewood for a waterline
easement as approved by City Council in the Development Plan for Silver Cliff
(300 West Belleview Avenue) and Recorded in Book 91 at pages 26-30 of the
records of Arapahoe County Clerk and Recorder.
NOW, THEREFORE, Granter, owner of the hereinafter described real property,
hereby dedicates, grants and conveys to Grantee, for and in consideration of
the sum of One Dollar and other good and valuable consideration, to Granter in
hand paid by Grantee, the receipt whereof is hereby confessed and
acknowledged, and by these presents does dedicate, grant and convey unto said
Grantee, for its purposes, all rights, title, interests, and claims in and to
the following described real property situate, lying and being in the County
of Arapahoe and State of Colorado:
Parcel A.
A parcel of land situate in the~ quarter (NW 1/4) of Section 15,
Township 5 South, Range 68 West of the Sixth Principal. Meridian, City of
Englewood, County of Arapahoe, State of Colorado, rrore particularly
described as follows:
Commencing at the NE corner of the NW 1/4 of the NW 1/4 of said
Section 15; thence S 00°10 1 18 11 W along the Easterly line of the NW 1/4 of
the NW 1/4 of said Section 15, a distance of 30.00 feet to a point on the
Southerly right-of-way of West Belleview Avenue, said point also being the
true point of beginning; thence N 89°48'36 11 E along said Southerly right-
of-way a distance of 331.12 feet to a point on the Westerly boundary of __
Block 1, Lot 1, Ewing Subdivision; thence s 00012 1 48 11 West along said
Westerly boundary a distance of 11.00 feet; thence S 89°48 1 36 11 W parallel
with said Southerly right-of-way of West Belleview Avenue, a distance of
661.64 feet to a point on the Easterly boundary of Block 1, Lot 1, Signal
Hill Addition; thence N 00°08 1 35" E along said Easterly boundary, a
distance of 11.00 feet to a point on said Southerly right-of-way of West
Belleview Avenue; thence N 89°48'36" E along said Southerly right-of-way,
a distance of 330.53 feet to the point of beginning. This Parcel A
contains 7,278 square feet (0.17 acre) rrore or less.
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Parcel B.
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A Parcel of land situate in th~ m/1/4 ;·~f: ~tion 15, Township 5 South,
Range 68 West of the Sixth Principal Meiridi'ah,, City: of Englewood, County
of Arapahoe, State of Colorado,'m::>re particularly described as follows:
~~-. : ., '•·· '. . " ~ '
' ' ' ' {.; .. -~ 1.:-'f" . : ;
Corrmencing at the NE corner o:( tn~: NW:)/4 of ttie NW 1/4 of Section
15; thence S 00010 1 18 11 W along the 'East'erly,:: .,: . line of the NW 1/4 of
the NW 1/4 of said Section 15, a distance of 3-0.00 feet to a point on
( .. ' ' . ' '") ' the Sou1:,herly right-of-way of Wel:!t:13¢1,leview ~yenue; thence N 89°48 1 36 11
E along said Southerly right-of-way~ ·a distance ·of 331.12 feet to a point
on the Westerly boundary of Block 1, Lot 1, Ewing Subdivision; thence S
00°12 1 48 11 W along said Westerly boundary a distance of 11.00 feet to the
true point of beginning; thence continuing S 00012 1 48 11 W along said
Westerly boundary a distance of 5.00 feet; thence S 89°48 1 36" W parallel
with said Southerly right-of-way of West Belleview Avenue, a distance
661.63 feet to a point on the Easterly boundary of Block 1, Lot 1, Signal
Hill Addition; thence N 00°08 1 35" E along said Easterly Boundary, a
distance of 5.00 feet; thence N 89°48 1 36 11 E and parallel to said
Southerly right-of-way, a distance of 661.64 feet to the point of begin-
ning. Said Parcel B contains 3,308 square feet (0.08 acre more or less).
Grantor warrants and represents that Grantor is the fee simple owner of
the Easement Property and that Grantor has full right, title and authority to
make this dedication. Granter further covenants and agrees to indemnify,
defend and hold Grantee City hannless from and against any adverse claim to
the title of the above described property by all and every person or persons
lawfully claiming or to claim the whole or any part thereof.
This dedication shall extend to and be binding upon the heirs, personal
representatives, successors and assigns of the respective parties hereto. The
terms, covenants, agreements and conditions shall be construed as covenants
running with the land.
IN WITNESS WHERIDF, Grantor has executed this dedication deed the day and
year first above written.
ss.
GRANTOR: SANFORD K. MEIT'ZEL
d/b/a SANFORD K. MEIT'ZEL DEVELOPMENT
CO. a sole proprietorship
By--~-~-)~--Sanford K. Metzel, Sole Proprietor
STATE;,OF COLORADO )
~~ ?B ~~?E ) JJ
· 1~ 1t1 f7J
i?ci!~!J:-'t\g:,li.,nstrument was acknowledged before me this /fJ __ day of
~~~~ .1~8~, by Sanford K. Metzel, Sole Proprietor of Sanford K. Metzel o} •··;h:
tires:
?f-£7 -------
DATE
June 6, 1988
INITIATED BY
ACTION PROPOSED
C O U N C I L
AGENDA ITEM
C O M M U N I C A T I O N
SUBJECT W. Belleview: Land
dedication to widen
and easement vacation.
Department of Community Development
Approve Council Bill No. 17-1988, which Bill for Ordinance
provides for the dedication of land adjoining 300 West Belleview Avenue for
street purposes and the dedication of a 5-foot easement for sidewalk and for
signage purposes, and for the vacation of utility easements that are obsolete.
BACKGROUND
On January 20, 1986, the City Council approved the Silver Cliff Planned Development
through the adoption of Resolution No. 7, Series of 1986. The Silver Cliff Planned
Development is located at 300 West Belleview Avenue. This 312-unit, multi-family
development is now under construction by the owner, Mr. Sanford Metzel.
The dedication of the additional right-of-way for West Belleview Avenue was required
by the State Highway Department. The additional right-of-way will provide for an
acceleration/deceleration lane and a five foot (5') easement is to be dedicated for
pedestrian access and traffic signage.
The utility easements for which vacation is proposed are in locations that cannot be
utilized to provide utility service to the development.
-The easements to be vacated are:
1) A 20-foot utility easement that was retained when Miramonte Road was vacated by
Ordinance No. 51, Series of 1985.
2) An obsolete 5-foot easement which runs along the east side of the Miramonte
Subdivision.
The subject site is 10.83 acres in area and is located on the south side of West
Belleview Avenue. It involves an assemblage of several properties and the existing
utility easements had been located to provide utility service to the properties as-
sembled by Mr. Metzel. With the assemblage of land and the design of the Silver
Cliff development, the utility easements which were in the Miramonte Subdivision are
no longer in a location to be utilized. For this reason, it was understood at the
time the Planned Development was before the City Planning and Zoning Commission and
City Council that the easement retained at the time of the vacation of Miramonte
Road and the easement on the east side of the Miramonte Subdivision would be va-
cated. It was also understood that Mr. Metzel would dedicate the right-of-way for
West Belleview Avenue simultaneously with the vacations.
The staff was prepared to bring the matter before the City Council in 1987.
However, the market was such that Mr. Metzel was delayed in obtaining financing for
the development. Until the financing was obtained and the development was assured,
it was determined that the vacation of the utility easements should not go forward.
RECOMMENDATION:
Now that the financing has been obtained for the Silver Cliff Planned Development,
and it is under construction, the City should proceed with the necessary utility
easement vacations and should accept the dedications for the widening of Belleview
and the pedestrian access and traffic signage.
To this end, it is recommended that Council Bill No. 17 should be approved.
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