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HomeMy WebLinkAbout1998 Ordinance No. 008.. -· . .. ' • ORDINANCE NO. R:_ SERIES OF 1997/1998 BY AUTHORITY COUNCIL BILL NO. 112 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE APPROVING SUPPLEMENT NO . 135 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD , COLORADO FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, Southgate Sanitation District recommends the inclusion of approximately 1.1774 acres into the District; and WHEREAS, said inclusion is located near Quebec and South Altair Drive in the Lone Tree Town Center Greenwood Village and the zoning of this property is commercial zoning and the intended use of the property is for a retail center; and WHEREAS, said annexation of this additional parcel of land will not increase the tap allocation to the Southgate Sanitation District; and WHEREAS, the Englewood Water and Sewer Board recommended approval of Supplement No. 135 to the Southgate Sanitation District at the November 18, 1997 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Agreement between the City of Englewood and Southgate Sanitation District entitled "Supplement No. 135, to Connector's Agreement", which includes approximately 1.177 4 acres located near Quebec and South Altair Drive in the Lone Tree Town Center Greenwood Village is hereby accepted and approved by the Englewood City Council. A copy of said Agreement is attached hereto as "Exhibit 1" and incorporated herein by reference . Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, respectively, the said Agreement for and on behalf of the City Council and the City of Englewood, Colorado . Introduced, read in full, and passed on first reading on the 15th day of December, 1997 . -1- Published as a Bill for an Ordinance on the 19th day of December, 1997. Read by title and passed on final reading on the 5th day of January, 1998. Published by title as Ordinance No.!_, Series of 1997/1998, on the 9th day of January, 1998. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy ~f the Ordinance passed on final reading and published by title as Ordinance No. _(f_, Series of 97/1998. Loucrishia A. Ellis -2- .. • ... ,, • SUPPLEMENT NO . I 3S TO CONNECTOR'S AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF ENGLEWOOD, acting by and through its duly authorized Mayor and City Cieri<, hereinafter called the "City," and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas Counties . Colorado. hereinafter called the "District," WITNESS ETH: WHEREAS, on the 20th day of June, 1961 , the City and the District entered into an Agreement in wh ich the City agreed to treat sewage originating from the District's san itary sewer system within the area se rv ed by the District, which Agreement was most recently renewed by Connector's Agreement dated November 16, 1988 ; and WHEREAS , said Connector's Agreement provides that the district may not enlarge its service area without the written consent of the City ; NOW, THEREFORE, in consideration of the mutual covenants and undertak ings herein set forth , the parties agree as follows : 1. The City hereby consents to the inclusion of certain additional area located in Douglas County , Colorado . owned by Parkway Realty Partners, LLC and more fully described on Exh ibit A att ached hereto and incorporated herein by reference. into Southgate Sanitation District. The City agrees that said additiona l area may be served with the sewer facilities of th e District. and that the City will treat the sewage discharged into the City 's trunk line from said add itional area . all in accordance wi th the Connecto r's Agreement dated November 16 . 1988. Accordingly , Exhibit A referred to in Paragraph 1 of the Connector's Agreemen t dated November 16 , 1988 , is hereb y amended to include such additional area . 2. Each and every other provision of the sa id Connector's Agreement dated November 16 . 1988 , shall rema in unchanged . IN WITNESS WHEREOF , the part ies have set th eir hands and sea ls this __ day of 19 _ ATTEST: CITY CLERK (SEAL ) ATT EST: CITY OF ENGLEWOOD By :---------- MAYOR SOUTHGATE SANITATION DISTRICT, ARAPAHOE AND DOUGL4.5 COUNTIES, COLORADO By :Xl&,~ PRESIDENT E x H I B I T 1 ·EXHIBIT A Inclusion Description Lots l & 3 A parcel ofland being a portion Lot 1 and Lot 3, both of Lone Tree Town Center, located in the East Half of Section 5 and the Northwest Quarter of Section 4, both of Township 6 South, Range 67 West, of the Sixth Principal Meridian, City of Lone Tree, County of Douglas, State of Colorado, being more particularly described as follows: The bearings are based on the East line of Section 5, Township 6 South, Range 67 West, monumented by a rebar with red plastic cap,(unreadable) at the intersection of said East line and the westerly line ofLot 3, Lone Tree Town Center, and a 1.5" aluminum cap at the East Quarter Comer of said Section 5, assumed to bear South 00°30'27" East. Beginning at the East Quarter Comer of said Section 5; Thence North 88°36'3 l" West, 308.10 feet, along the southerly line of Lot 1, said Lone Tree Town Center, to the southeasterly right-of-way of Quebec Street; Thence along said southeasterly right-of-way and the arc of a non-tangent curve to the left, having a radius of 1060 .00 feet, a central angle of 26°54'04", an arc length of 497.68 feet, whose chord bears North 38°08'04" East, 493 .12 feet, to the easterly line of said Section 5 ; Thence South 00°30'27" East, 395 .37 feet, along said easterly line to the Point of Beginning. The above described parcel contains 51288 square feet ( 1.1774 acres) more or less . wat-exb.lgl For and on Behalf of WESTERN STATES SURVEYING, INC. 19029 E Plaza Drive, Suite 252 Parker, CO 80134 Clyde J . Biewenga, PLS 23032 .... • .. t NE 1/4 SECTlON 5 le= 26 ·54 '04" R = 1060.00' L = 497.68' CD = N3a·oa'04"E LC = 493. 12' / / N00"30'27•W 6.59' I / EX.HllJl 'l ' I I 221.13' N89-Z8' 34"E NW 1 /4 SECTlON 4 LOT 3 311.00' LOT 1 CENTER 0 0 0 N N LOT 3 4 cc N -I") 0 z I") <O N <O I") LOT 2 3 co N ...... ~ 0 z / CURVE C1 C2 ~CJ ~ L.. N I r I 308.1 O' N88.36'31 "W EAST 1/4 CORNER DELTA 24.20' 16n 2·33' 47" 10"44'29n NOTE: RAQIUS ARC I ENGTH 1 060.00' 450.26' 1060.00' 47.42' 1050.00' 196.85' THIS DOES NOT REPRESENT A MONUMENTED SUR\1£Y. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION. 0 100 200 1 SEC 5, T6S, R66W I ALTAIR DRIVE PAAca CONTAINS: 51.288 SF (1.1774 AC±) SOUTHGATE WATER DISTRICT INCLUSION .AREA -LOTS 1 & 3 LONE TREE TOWN CENTER SEC 4 &: 5, TSS, R66W CALC: CJB 8-19-97 REV: DRWN: CJB 8-19-97 ~OLE : 1" = 100' Page 2 of 2 • • COUNCIL COMMUNICATION Date Agenda Item Subject December 15, 1997 10 av Southgate Supplement #135 Initiated By Staff Source Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their November 18, 1997 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #135. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment to a population of about 70,000 people outside of the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Ave. excluding Highlands Ranch. By. contract the City of Englewood must approve any additions of land to be served by the districts. These are usually in-fill situations that are within what the City considers to be the area it has committed to serve. Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. A request was made by the Southgate Sanitation District representing the owner/developer, Parkway Realty Partners, LLC, for inclusion into the Southgate Sanitation District. Supplement #135 is for an area approximately 1.177 4 acres. The zoning per Arapahoe County is Commercial. The proposed use of the property is for a retail center to include a grocery, restaurant and gas station. The legal is attached as Exhibit A. The property is located near Quebec and S. Altair Drive in the Lone Tree Town CenterGreenwood Village. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Proposed Bill for Ordinance Southgate Sanitation District Supplement #135