HomeMy WebLinkAbout1997 Ordinance No. 006" { .
ORDINANCE No. Jp_
SERIES OF 1997
BY AUTHORITY
COUNCIL BILL NO. 4
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AUTHORIZING THE EXCHANGE OF PROPERTY TO
HIGHLANDS RANCH METROPOLITAN DISTRICT NO . 3, PERTAINING TO
DR. OHLSON AND THE C-470 INTERCHANGE.
WHEREAS , by Ordinance No . 30, Series of 1996 , passed on final reading
August 1, 1996, City Council authorized intergovernmental agreements between the
City of Englewood, the State of Colorado Department of Transportation, Douglas
County, Denver Water Department and Highlands Ranch Metropolitan Districts,
and Dr. Ohlson concerning the C-470 Interchange; and
WHEREAS, Dr. Ohlson, the City of Englewood and the Highlands Ranch
Metropolitan District No. 3 could not come to an agreement; and
WHEREAS, it is the responsibility of the District to proceed with acquiring
this property; and
WHEREAS, the City of Englewood has found the proposed exchange to be fair
and equitable; and
WHEREAS , the District would like to have the power to offer the previously
authorized exchange; and
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WHEREAS , this Ordinance will not change any legal descriptions
previously authorized but will allow the District to use the City's property in exchange
for the Ohlson easement and will allow the District to use any and all means to
accomplish the acquisition of this property;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLORADO, AS FOLLOWS:
Section 1. The Grant of Easement -Project Number: CC 4701-076 -Parcel PE -2F,
for access from Englewood to Ohlson, attached hereto as Exhibit A, may be used by the
District to acquire the Relinquishment of Right-of-Way and Easement Agreement -
Project Number: CC 4701-076 -Parcel Number PR-8 , from Ohlson to City of
Englewood, attached hereto as Exhibit B .
Introduced, read in full, and passed on first reading on the 6th day of January,
1997.
Published as a Bill for an Ordinance on the 9th day of January, 1997 .
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Read by title and passed on final reading on the 20th day of January, 1997 .
Published by title as Ordinance No. IR_, Series of 1997, on the 23rd day of
January, 1997.
I , Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado , hereby
certify that the above and foregoing is a true copy of the Ordinance passed on final
reading and published by title as Ordinance No . k_~ cf, Lt{ •
Loucrishia A. Ellis
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GRANT OF EASEMENT
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER PE-2F
THIS GRANT OF AN EASEMENT ("this Grant") is made this __ day
of , 1996 by the CITY OF ENGLEWOOD, COLORADO a home rule
City under and by virtue of the laws of the State of Colorado,
("Grantor"), whose address is 3400 South Elati Street, Englewood,
Colorado 80110, to ROBERTS. OHLSON, (11 Grantee") whose address is
1754 West County Line Road, Highlands Ranch, Colorado 80126.
The Parties covenant and agree as follows:
l. Easement Prooertv. The 11 Easement Property" shall mean
the real property located in the County of Douglas, Stace of
Colorado, more particularly described on attached Exhibit PE-2F.
2 . Consideration. As consideration of this Grant, Grantee
shall pay to Grantor the sum of Ten Dollars ($10.00 ) and other good
and val u able consideration paid by Grantee , receipt of which is
hereby acknowledged by Grantor.
3. Grant of Easement. Grantor hereby grants to Grantee an
easemenc over, across and through the Easement Propercy to provide
access to the property owned by Grantee which abuts the east line
of the Easement Propercy, and generally referred to as the Plum
Valley Subdivision .
4. P..ccess. Grantee shall have the perpetual right of
ingress and egress, in, to, over, through and across the Easement
Properi:y for any pur;iose necessary or desirable for the full
enjoyment of the righcs granted to Grantee under this Granc .
5. Richts of Grantor. Granter reserves the full right to
the undisturbed ownership, use, and occupancy of the Easement
Property insofar as said ownership, use, and occupancy is
consistent with and does not impair the rights granted to Grantee
to this Grant. Cost of repair and restoration of any surface
improvements shall be done at the cost of the Grantee.
6. Grantor's Richts to Relocate. Granter shall have the
right to relocate or require Grantee to relocate the easement and
any improvements thereon at the expe~se of Grantor and to terminate
the easement herein granted. To t2e extent the easement and any
improvements are relocated, Grantor shall grant or cause to granted
to Grantee an easement or righcs for the relocated easement and
improvements, as the case may be, reasonably similar in nature and
scope to the easement herein granted and provided that the
improvements as relocated will be reasonably comparable in all
material respects to the improvements at the time of relocation.
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• 7. Abandonment. In the event that Grantee shall abandon
the rights granted to it under this Grant, all right, title and
interest hereunder of Grantee shall cease and terminate, and
Granter shall hold the Easement Property, as the same may then be,
free from the rights of Grantee so abandoned and shall own any
improvements of Grantee so abandoned.
8. Warrantv of Title. Gran tor warrants and represents that
Granter is the fee simple owner of the Easement Property and that
Granter has full right, title and authority, and that this Grant is
effective to grant and convey to Grantee the within described
easement subject to easements and reservations of record. Granter
further covenants and agrees to indemnify, defend and hold Grantee
harmless from and against any adverse claim to the title of the
Easement Property by all and every person or persons lawfully
claiming or to claim the whole or any part thereof except those of
record.
9. Bindin a Effect. This Grant shall extend to and be
binding upon t h e heirs , personal representatives, successors and
assionees of t h e resoective oarties hereto. The terms, covenants,
agre~ments and conditions In this Grant shall be construed as
covenants running with t h e l and.
IN WITNESS WHEREOF , t h e parties hereto have executed this
Grant of Easement the day and year first above written.
ATTEST:
Loucrishia A. E_lis,
City Clerk
STATE OF COLORADO
COUNTY OF ARAPAHOE)
)
)ss.
Thomas J. Burns,
Mayor
This foregoing instrument was acknowledged before me this ~
day of , 1996, by Thomas J. Burns as Mayor and
Loucrishia A. Ellis as City Clerk of the City of Englewood.
My Commission Expires=~~~~~~~~~~~~~
Notary Public
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STATE OF COLORADO
COUNTY OF
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)ss.
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GRANTEE :
ROBERT S. OHLSON
Robert S. Ohlson
This foregoing instrument was acknowledged before me this
day of , 1996, by Robert S. Ohlson.
My Commission Expires=~~~~~~~~~~~~
Notary Public
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PARCEL FROM CITY OF ENGLEWOOD TO ROBERTS. OHLSON
EXHIBIT "PE-2F"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER PE-2F
June 25, 1996
A permanent Easement No. PE-2F of the Department of Transportation, State of Colorado, Project
No. CC 4701-076, containing 3, 103 square meters, more or less, being a portion of a parcel
described in Book 133, Page 4, Douglas County Records, in Section 4, Township 6 South, Range 68
West of the Sixth Principal Meridian, in Douglas County, Colorado, said tract or parcel of land being
more particularly described as follows:
Commencing at the NW Corner of said Section 4, whence the W 1 /4 Corner of said Section 4
bears S.0°34'55"E. 885.415 meters (2904.90 feet); Thence S. 71°32'36"E., a distance of 959. 798
meters (3148 .94 feet) to the TRUE POINT OF BEGINNING , said point being also on the westerly
boundary line of Plum Valley Subdivision, recorded at Reception Number 98341, Douglas County
Records ;
1. Thence S.01°06'01 "E. along said westerly boundary line of Plum Valley Subdivision, a distance
of 18.402 meters (60.37 feet);
(:2. Thence S.89°43'10"W., a distance of 110.513 meters (362 .58 feet);
3. Thence along the arc of a curve to the left having a radius of 21.280 meters (69.82 feet ), a
distance of 14 .821 meters (48.63 feet) (the chord of said arc bears S.69°46'01"W., a distance
of 14 .523 meters (47.65 feet));
4. Thence S.49°48'52"W., a distance of 37.017 meters (121.45 feet);
5. Thence N.40°11 '08"W., a distance of 18.400 meters (60 .37 feet);
6. Thence N.49°48'52"E., a distance of 37 .017 meters (121.45 feet);
7. Thence along the arc of a curve to the right having a radius of 39.680 meters (130.18 feet), a
distance of 27 .636 meters (90.67 feet) ( the chord of said arc bears N.69°46'01 "E., a distance
of 27 .081 meters (88.85 feet));
8. Thence N.89°43'10"E., a distance of 110.250 meters (361.71 feet) to the TRUE POINT OF
BEGINNING.
The above described Parcel contains 0. 767 acres/3, 103 square meters, more or less .
0 BASIS OF BEARING: Grid bearings were determined by global positioning system methods9
Bearings are referenced to the line between point 1001 and point 192. The line between the two
monuments bears : S.87°18'29"W.
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For the purpose of ingress and egress .
RELEASE OF RIGHT-OF-WAY ~.ND EASEMENT AGREEMENT
PROJECT NUMBER CC-4701-076
PARCEL NUMBER PR-8
This Release of Right-Of-Way and Easement Agreement is made
and executed this day of , 1996 by ROBERTS. OHLSON
(Ohlson), whose address is 1754 West County Line Road, Highlands
Ranch, Colorado 80126, and the CITY OF ENGLEWOOD, COLORADO, a home
rule City under and by virtue of the laws of the State of Colorado
(Englewood), whose address is 3400 South Elati Street, Englewood,
Colorado 80110.
WHEREAS, Ohlson and Englewood are the parties to that Right-
Of-Way and Easement Agreement recorded October 26, 1965 in Book 166
at Page 261, Reception No. 124070 in the records of the Clerk and
Recorder for Douglas County, Colorado; and
WHEREAS, Englewood has conveyed a reolacemenr. easement to
Ohlson by separate instrument and Oh_son wishes to relinquish all
interest in that Right-Of-Way and Easement Agreement:..
NOW, THERE:ORE, in and :or good and valuable c8nsideration,
t~e receipt and sufficiency of whic~ is hereby acknowledged, Ohlson
does hereby RELEASE, RELINQUISE .l\J.'ID QUITCLAIM all right:., title and
interest in and to the Right-of-Way and Easement Agreement:. recorded
October 26, 1965 in the records of the Douglas County Clerk and
Recorder, Douglas County, Colorado at Reception No. 124070 unto
Englewood, its successors and assigns.
IN WITNESS WHEREOF, Ohlson has executed this Release of Right-
Of-Way and Easement:. Agreement as of the date and year first above
written.
ROBERT S. OHLSON
STATE OF COLORADO
)ss.
COUNTY OF ~~~~~~~~-)
This foregoing instrument was acknowledged before me this
day of , 1996, by Robert S. Ohlson.
My Commission Expires=~~~~~~~~~~~~~
Notary Public
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ticn, and ROBE::IT S. OHI..SCN and SAI.1.Y J. OF.LSON, of t:he Count:y
of Douglas, S::a::e 0£ Cv~oro~~;
For ~al-.:able consiciera:ic::, receip~ oi whic~ is he=e~y
la ·~~.1 ~o~ ~",..... ~~0 f -·.ae~-s ass~--~ a~0 ~~~ --~ se--~ ~n~-s , __ ...._ ,;,, -.............. , ._.i.:::::_ --' -o-·--'. -o-··'--..... _ -....
:.,.ei::-tenan::s and oc:::-:::pan~s f:om C;ne ~ ci:?:e, oi t:~e pre!lli.ses
Lo:s l c~=o~gh 6. ?LOM VAii~Y SU"'BD~V!.SION,
loc~tec in ?Qi:: oi :!:e ~~-of :!le NZ~ 0£ S~c:~~u
4 , T. 6 S., ~. oB w.," o:.·:!:: e~ :,..l·f.
and any ot:!ler pe:-saa or persons a.~t::or-'"--=ed by t..~e afo:-es.aic
p.a::::..es of the second pa::-t, at: all :-'-:cs .=-eely ·co p.ass and
rep ass on foot:, o:-•.:iit:!:l ::animals, vehicles, loads or o::he=-.-.ise ,
par~.1 Is =ealcy wi::!l .a Colorado s.c.~:e ~ay and whi::h is u.o
feac wide, exiscing 20 feec on eac~ side of a line oecwe~n che
said St:a:e Highway and .. a point: ou sac::ind ?.a=-..ies' real cy, which
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JUN 20 '96 10:02 F~ Fi-iU
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Cc:::menci::g a: tbe NW cc:":le= oi Sec:ion 4,
~. 6 s., R. 68 ~ .• of i:~e 6t:..~ ?.M., c=ence
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said Sec:~on 4 189.3 feec; :.~a~ce s. 76°
Zl' 3 0" ::: 1591.. 3.3 fee i:; i:~er.ce S 40° Zl'
JO :r :: !.4.S .5 ieec eo a po.i:lc on c:be Sou:;ie=ly
r~~ht: 0£ ~ay line a1 ~h.E: S~o:a nigh~•Y •hi.~~
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The..-:ce s 4.60 21: .. ""'" 16.5 .Eee t:; ..) v .c.
T!":r?:ice s 54° 2l , JC'' "'=" J :S5 • .s feet:;
!'hence s i·o .) . 31' 30" c: 118 .0 fee-c;
!n~nc~ s i4° ).SI 30" :::: 215 .0 -'=gar• ·---· Thence ~; s1° 58' 30"" E 1.25 .c fee:;
Thence $ ss 0 43 r ~ 229. 63 feet: to a po~•-=
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The second par-=:.c:s·,· ·fo-:: t:ie.:selves, ::~ei= hei=s and assigns,
~==~~y covenanc Yitt :~=s-:: ?~=-=y, ics successors and assig"!1S,
roadway. t:he r:.ghi: of passi...1g e:-.=::Jugh :nc:i ove::-which is hereby
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COUNCIL COMMUNICATION
Date January 6, 1997 Agenda Item
10 a v
Subject Ohlson/C-470
Interchange
INITIATED BY City Attorney STAFF SOURCE Stu Fonda
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Council approved exchange of property at County Line and C-470 by Ordinance No. 30, Series of
1996, on August 1, 1996. Dr. Ohlson then refused to complete his portion of the exchange of
properties .
RECOMMENDED ACTION
Approve Council Bill No. 4 to complete the C-470 Interchange exchange of properties .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Highlands Ranch Metropolitan Districts may use the Grant of Easement -Project Number: CC
4701-076 -Parcel PE -2F, attached to Council Bill No . 4, to acquire the Relinquishment of Right-
of-Way and Easement Agreement-Project Number: CC 4701-076 -Parcel Number PR-8, from
Ohlson to City of Englewood to complete the exchanges necessary to proceed with the C-470
Interchange.
This exchange will not change any legal descriptions previously authorized by City Council but will
allow the District to use the City 's property in exchange for Ohlson 's easement.
FINANCIAL IMPACT
LIST OF ATTACHMENTS
Bill for Ordinance
Grant of Easement