HomeMy WebLinkAbout1997 Ordinance No. 076...
ORDINANCE NO.rztt
SERIES OF 1997
BY AUTHORITY
COUNCIL BILL NO. 83
INTRODUCED BY COUNCIL
MEMBER WIGGINS
AN ORDINANCE APPROVING THE VACATION OF RIGHT-OF-WAY ALONG
THE NORTH SIDE OF THE 1200 -1500 BLOCKS OF WEST PRENTICE AVENUE;
THE DEDICATION OF A RIGHT-OF-WAY ON THE NORTH SIDE OF THE 1200-
1500 BLOCKS OF WEST PRENTICE; AND THE DEDICATION OF A RIGHT-OF-
WAY ALONG THE 5200 BLOCK OF SOUTH WINDERMERE STREET.
WHEREAS, the vacation request is a joint request by the City of Englewood and the
South Suburban Park and Recreation District; and
WHEREAS, the vacation is necessary to correct the misalignment of the Right-of-
W ay created by an error in a Deed which was recorded on September 8, 1927 in the
records of the Clerk and Recorder's Office of Arapahoe County, Colorado in Book 250,
at Pages 206 and 207; and
WHEREAS, the Deed conveyed an incorrect parcel of land; and
WHEREAS , the Parties seek to have the correct parcel conveyed; and
WHEREAS, the Engelwood City Council approved the South Suburban Park and
Recreation District's Planned Development with the passage of Resolution No. 95,
Series of 1993, requiring West Prentice Avenue be reconstructed to the City of
Englewood standards by 1998; and
WHEREAS, South Suburban Park and Recreation District and the City of
Englewood are preparing for the construction in 1998 and the vacation and dedication
of the corrected Right-of-Way is necessary prior to any construction; and
WHEREAS, the vacation of the current Right-of-Way in the North 1/2of1200-1500
West Prentice Avenue is requested; and
WHEREAS, the dedication of the corrected Right-of-Way in the North 1/2of1200-
1500 West Prentice Avenue is requested; and
WHEREAS, Right-of-Way dedication along the east side of South Windermere
Street adjacent to the main park entrance is necessary for the construction of a
northbound Windermere to eastbound Belleview turn lane; and
WHEREAS, the Englewood Planning and Zoning Commission, at their meeting of
July 8, 1997, considered the request to vacate the Right-of-Way located in the 1200-
1500 Blocks of West Prentice Avenue and recommend that the Right-of-Way be
vacated; and
WHEREAS, two new Deeds have been signed by South Suburban for such vacations
and dedications;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO , AS FOLLOWS :
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Section 1. The City Council of the City of Englewood, Colorado hereby approves the
vacation of a portion of the Right-of-Way described in Book 250 , at Page 206 of the
Clerk and Recorders Office of Arapahoe Count, Colorado, said Right-of-Way is more
fully described as follows:
Vacation of a portion of the Right-of-Way along the north side of the 1200-1500
blocks of West Prentice Avenue:
Beginning at the SW corner of the NW 1/4 of NE 114 , thence North along the
West boundary of said subdivision 30 feet , thence Northeasterly 1323 feet
plus to a point on the East boundary of said sub-division, whence the SE.
corner thereof bears South 57.2 feet , thence South along the East boundary of
said NW 1/4 of NE 114 57.2 feet to SE corner thereof, thence West along the
South boundary of said sub-division 1323 to the place of beginning.
Containing 1.32 acres more or less .
Section 2 . The City Council of the City of Englewood , Colorado hereby approves the
dedication of Right-of-Way on the north side of the 1200-1500 blocks of West Prentice
Avenue , more fully described as follows :
Dedication of Right-of-Way on the north side of the 1200-1500 blocks of West
Prentice Avenue:
Beginning at the Southwest corner of the Northwest 114 of the Northeast 114
S e ction 10 , T 5 S , R 68 W of the 6th P .M ., Arapahoe County, Colorado ; thence
North 46.3 feet ; thence Northeasterly 550 feet to a point 550 East and 48.3 feet
North of the Southwest corner; thence Southeasterly 772 .5 feet to a point 30
feet North of Southeast corner of the Northwest 114 of the Northeast 114 ;
thence South 30 feet to said South east corner; thence West 1,322.32 feet along
the South line of the Northwest 114 of Northeast 114 to the point of beginning.
Containing 1.3 acres more or less.
Section 3. The City Council of the City of Englewood, Colorado hereby approves the
dedication of Right-of-Way on the east side of the 5200 block of South Windermere
Street, more fully described as follows:
De dication of Right-of-Way on the east side of the 5200 block of South
Wi ndermere Street:
Commencing at North West corner of the North East 114 Section 16 , T 5 S, R
68 W of the 6th P.M., Arapahoe County, Colorado; thence South 330.01 feet;
thence East 30 feet to the point of beginning; thence South along the East
Right-of-Way of South Windermere Street 505 feet; thence East 15 feet;
thence North and parallel with said East Right-of-Way 405 feet ; thence
Northeasterly 100.29 feet to a point 22.69 feet East of the East Right-of-Way
line of South Windermere Street; thence West 22.69 feet to the point of
beginning .
Containing 0.18 acres more or less .
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Introduced, read in full, and passed on first reading on the 2nd day of September,
1997.
Published as a Bill for an Ordinance on the 4th day of September, 1997.
Read by title and passed on final reading on the 15th day of September, 1997.
Published by title as Ordinance No .~, Series of 1997, on the 18th day of
September, 1997 .
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby
certify that the above and foregoing is a true copy d''4}he Ordinance passed on final
reading and published by title as Ordinance No. '_/{e Series of 1997.
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To:
Thru:
From:
Date:
Subject:
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Planning and Zoning Commission
Robert Simpson, Director of Neighborhood and Business Development
Harold J. Stitt, Planning Community Coordinator
July 8, 1997
Right-of-Way Vacation Request Case# VAC 97-02
Vacation of Right-of-Way along the 1200 -1500 block of West Prentice
Avenue
APPLICANT:
South Suburban Park and Recreation District
6631 South University Boulevard
Littleton, CO 80121
LOCATION OF PROPOSED VACATION:
The portion of right-of-way proposed. to be vacated is the 1200 -1500 blocks of West Prentice
Avenue.
RECOMMENDATION:
The Department of Neighborhood and Business Development recommends that the
requested right-of-way vacation be approved.
BACKGROUND AND ANALYSIS:
The vacation request is being jointly requested by the City of Englewood and the South
Suburban Park and Recreation District. The request involves the northern portion of the 1200 -
1500 blocks of West Prentice Avenue. West Prentice Avenue forms the boundary between the
City of Englewood and the City of Littleton.
This vacation is necessary to correct the misalignment of the riglit-of-way created by an error in a
deed recorded in 1927 for what in now Cornerstone Park. Also, the 1993 South Suburban Park
and Recreation District Planned Development required that West Prentice Avenue be
reconstructed to City of Englewood standards by 1998. The District and the City are preparing
for this construction in 1998 and correction of the right-of-way is necessary prior to any
construction. Coupled with this vacation is a dedication to the City of the corrected right-of-way.
PROCEDURE:
The City Planning and Zoning Commission's recommendation will be referred to the City
Council for final action on the requested vacation.
DEPARTMENT AND AGENCY REVIEW:
No issues have been identified by other departments or agencies.
H:\GROUP\BOARDS\PLANCOMM\ST AFF REPORTS 97\ V AC-97 -02 .DOC
THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD , LEGAL , TAX OR OTHER
COUNSEL SHOULD BE CONSULTED BEFORE SIGNING.
WARRANTY DEED
THIS DEED, made this~ day of H a Y , 1997 between SOUTH SUBURBAN
PARK AND RECREATION DISTRICT, grantor, and THE CITY OF ENGLEWOOD ,
COLORADO , a Home Rule City existing under and by virtue of the laws of the State of
Colorado , grante es ; whose legal address is 3400 South Elati Street, Englewood, Colorado
80110.
WITNESSETH, That t he grantor, for and in consideration of the sum of Ten Dollars
($10 .00 ) the receipt and sufficiency of which is hereby acknowledged , has granted,
bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and
confirm , unto the grantee, its successors and assigns forever , all the real property together
with improvements, if any, situate, lying and being in the County of Arapahoe, State of
Colorado , described as follows:
Commencing at the North West corner of the North East 1/4 Section 16 , T 5 S , R
68 W of the 6th P .M., Arapahoe County, Colorado ; thence South 330 .01 feet ;
thence East 30 feet to the point of beginning; thence South along the East Right-
of-W ay of South Windermere Street 505 feet; thence East 15 feet ; thence North
and parallel with said East Right-of-Wa y 405 feet ; thence Northeasterly 100.29
feet to a point 22.69 feet East of the East Right-of-Way line of South Windermere
Street; thence West 22.67 feet to the point of beginning. Said parcel contains
0.18 Acres more or less .
also known as: Right-of-Way for South Windermere Street, as depicted by the
attached Exhibit A, which is incorporated by this reference .
TOGETHER, with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining, and the rev ersion and reversions, remainder and
remainders , rents , issues and profits thereof; and all the estate, right, title interest, claim
and demand whatsoever of the grantor, either in law or equity, of, in and to the above with
the hereditaments and appurtenances .
TO HA VE AND TO HOLD the said premises above bargained and described, with the
appurtenances , unto the grantee, its s uccessors and assigns forever. And the grantor for
itself, its successors and assigns , does covenant, grant, bargain and agree to and with the
grantee, its successors and assigns , that at the time of the ensealing and delivery of these
presents, it is well seized of the premises above conveyed , has good , sure, perfect, absolute
and indefeasible estate of inheritance, in l aw, in fee simple, and has good right, full power
and lawful authority to grant, bargain, sell and convey the same in manner and form
aforesaid , and that the same are free and clear from all former and other grants , barg ains ,
sales , liens , truces , assessments , encumbrances and restrictions of whatever kind or
nature soever, except: Those of record .
The grantor shall and will WARRANT AND FOREVER DEFEND t he above bargained
premises in the quiet and peaceable possession of the grantee , its successors and assigns ,
against all and every person or persons lawfully claiming or to claim the whole or any
part thereof.
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IN WITNESS WHEREOF, The said grantor has caused its name to be hereunto
subscribed by Charles E. Stroh , its Chairman
and its seal to be hereunto affixed, attested by its Secretary, the day and year first above
written.
I~ ~oberta F. Gillis ,Secretary
STATE OF COLORADO
) SS.
COUNTY OF ARAPAHOE )
SOUTH SUBURBAN PARK AND
RECREATION DISTRICT ,
Charles E. Stroh ,Chairman
The foregoing instrument was acknowledged before me this 21 day of
Mav .1997by Charles E. Stroh as Chairman of the South Suburban
Park and Recreation District.
My commission expires: ~ ;;n, J.Jxn
Witness my hand and official seal.
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Notary Public !)A I
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THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER
COUNSEL SHOULD -BE CONSULTED BEFORE SIGNING.
WARRANTY DEED
THIS DEED, made this _2..L day of Hav , 1997 between SOUTH SUBURBAN PARK
AND RECREATION DISTRICT, grantor, and THE CITY OF ENGLEWOOD ,
COLORADO, a Home Rule City existing under and by virtue of the laws of the State of
Colorado, grantees ; whose legal address is 3400 South Elati Street, Englewood, Colorado,
collectively referred to throughout this Deed as "Parties". 80ll0.
WHEREAS, on September 8 , 1927, a Deed conveying a parcel of real property from the
grantor to the grantee , was recorded in the records of the Clerk and Recorders Office of
Arapahoe County, Colorado in Book 250 , at Pages 206 and 207. Because the real property
conveyed by the 1927 deed was not the parcel of property intended to be conveyed between the
Parties , the Parties not seek to remedy that error via the execution of this Deed conveying
the intended parcel of real property.
WITNESSETH, That the grantor, for and in consideration of the sum of Ten Dollars
($10 .00 ), the receipt and sufficiency of which is hereby acknowledged, has granted,
bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and
confirm, unto the grantee, its successors and assigns forever, all the real property together
with improvements , if any, situate, lying and being in the County of Arapahoe, State of
Colorado, also known as described as follows:
Beginning at the Southwest corner of the Northwest 1/4 of Northeast 1/4 Section
10 , T 5 S , R 68 W of the 6th P .M ., Arapahoe County, Colorado; thence North 46 .3
feet ; thence Northeasterly 550 feet to a point 550 feet East and 48 .3 feet North of
said Southwest corner; thence Southeasterly 772.5 feet to a point 30 feet North of
the Southeast corner of the Northwest 1/4 of the Northeast 1/4; thence South 30 feet
to said Southeast corner; thence West 1,322.32 feet along the South line of the
Northwest 1/4 of Northeast 1/4 to the point of beginning. Said parcel contains
L3 Acres more or less.
also known as: Right-of-Way for West Prentice Avenue , as depicted by the
attached Exhibit A, which is incorporated by this reference .
TOGETHER, with all and singular the hereditaments and appurtenances thereunto
belonging, or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents , issues and profits thereof; and all the estate, right, title interest, claim
and demand whatsoever of the grantor, either in law or equity, of, in and to the above with
the hereditaments and appurtenances.
TO HA VE AND TO HOLD the said premises above bargained and described, with the
appurtenances , unto the grantee, its successors and assigns forever. And the grantor for
itself, its successors and assigns , does covenant, grant, bargain and agree to and with the
grantee , its successors and assigns , that at the time of the ensealing and delivery of these
presents , it is well seized of the premises above conveyed, has good, sure, perfect, absolute
and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power
and lawful authority to grant, bargain, sell and convey the same in manner and form
aforesaid, and that the same are free and clear from all former and other grants , bargains,
sales , liens , taxes , assessments , encumbrances and restrictions of whatever kind or
nature soever, except: Those of record _
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The grantor shall and will WARRANT AND FOREVER DEFEND the above
bargained premises in the quiet and peaceable possession of the grantee, its successors and
assigns, against all and every person or persons lawfully claiming or to claim the whole
or any part thereof.
IN WITNESS WHEREOF, The said grantor has caused its name to be hereunto
subscribed by Char1 es E. Stroh , its Chairman and its seal to be hereunto
affixed, attested by its Secretary, the day and year first above written.
STATE OF COLORADO
) SS.
COUNTY OF ARAPAHOE )
SOUTH SUBURBAN PARK AND
RECREATION DISTRICT,
. B~ft::J4L £~~
Charles E. Stroh ,Chairman
The foregoing instrument was acknowledged before me this 21 day of
May . 1997 by Charles E. Stroh as Chairman of the South Suburban
Park and Recreation District.
My commission expires :~ J.1, )._000
Witness my hand and official seal.
Address: /;~3/ , Jtr~ ~~
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COUNCIL COMMUNICATION
DATE: September 2, 1997 AGENDA ITEM SUBJECT: Vacation and
Dedication of R.O.W. along 1200 -
1500 West Prentice Avenue and
11 a ii Dedication of R.O .W . along 5200
South Windermere Street
INITIATED BY: City of Englewood and South STAFF SOURCE: Harold Stitt, Planning
Suburban Park and Recreation District Community Coordinator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION:
Previous Council Action: The City Council approved a Planned Development for development
of Cornerstone Park in 1993.
Previous Planning Commission Action: The Planning Commission recommended approval of
the vacation of the West Prentice Avenue right-of-way on July 8, 1997.
RECOMMENDED ACTION:
City Staff and the City Planning and Zoning Commission recommend:
The vacation of the right-of-way along the north side of the 1200 -1500 blocks of West Prentice
Avenue , described as:
Beginning at the SW corner of the NW ?4 of NE ?4 , thence North along the West boundary
of said subdivision 30 feet; thence Northeasterly 1323 feet plus to a point on the East
boundary of said subdivision , whence the SE corner thereof bears South 57.2 feet; thence
South along the East boundary of Said NW ?4 of NE ?4 57.2 feet to the SE corner thereof;
thence West along the South boundary of said subdivision 1323 to the place of beginning.
Containing 1.32 acres more or less.
The dedication of right-of-way on the north side of the 1200 -1500 blocks of West Prentice
Avenue and on the east side of the 5200 block of South Windermere Street, described as:
1200 -1500 Blocks of West Prentice Avenue
Beginning at the Southwest corner of the Northwest ?4 of Northeast ?4 Section 1 O, T 5 S,
R 68 W of the (Jh P.M., Arapahoe County, Colorado; thence North 46.3 feet; thence
Northeasterly 550 feet to a point 550 feet East and 48.3 feet North of the Southwest corner;
thence Southeasterly 772.5 feet to a point 30 feet North of Southeast corner of the
Northwest ?4 of the Northeast ?4 ; thence South 30 feet to said Southeast corner; thence
West 1,322.32 feet along the South lone of the Northwest ?4 of Northeast ?4 to the point of
beginning. Said parcel containing 1.3 Acres more or less.
2
5200 Block South Windermere Street
Commencing at North West corner of the North East 14 Section 16, T 5 S, R 68 W of the
(ff1 P.M., Arapahoe County, Colorado ; thence South 330.01 feet; thence East 30 feet to the
point of beginning; thence South along the East Right-of-Way of South Windermere Street
505 feet; thence East 15 feet; thence North and parallel with said East Right-of-Way 405
feet; thence Northeasterly 100.29 feet to a point 22.69 feet East of the East Right-of-Way
line of South Windermere Street; thence West 22.69 feet to the point of beginning. Said
parcel contains 0 . 18 Acres more or less .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED:
The vacation request is being jointly requested by the City of Englewood and the South Suburban
Park and Recreation District. The request involves the northern portion of the 1200 -1500 blocks
of West Prentice Avenue . West Prentice Avenue forms the boundary between the City of
Englewood and the City of Littleton .
This vacation is necessary to correct the misalignment of the right-of-way created by an error in
a deed recorded in 1927 for what is now Cornerstone Park. Also , the 1993 South Suburban Park
and Recreation District Planned Development required that West Prentice Avenue be
reconstructed to City of Englewood standards by 1998. The District and the City are preparing for
this construction in 1998 and the vacation and dedication of the corrected right-of-way is necessary
prior to any construction. Additionally , right-of-way dedication along the east s ide of South
Windermere Street adjacent to the main park entrance is necessary for the construction of a
northbound Windermere to eastbound Belleview turn lane .
FINANCIAL IMPACT:
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LIST OF ATTACHMENTS:
Bill for Ordinance
Staff Report Case No. VAC 97-02
Warranty Deed -West Prentice Avenue
Warranty Deed -South Windermere Street
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