HomeMy WebLinkAbout1999 Ordinance No. 034•
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ORDINANCE NO .:tf_
SERIES OF 1999
BY AUTHORITY
COUNCIL BILL NO. 41
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE AUTHORIZING THE VACATION OF THE NORTH 16 FEET OF
RIGHT-OF-WAY LOCATED ON WEST JEFFERSON AVENUE BETWEEN SOUTH
BANNOCK/SOUTH CHEROKEE ALLEY AND SOUTH CHEROKEE STREET BY
THE CITY OF ENGLEWOOD , COLORADO.
WHEREAS, the City of Englewood received a request for vacation of the North 16
feet of right-of-way from Maxine Molner and Linda Unger the owners of 3642 South
Cherokee Street; and
WHEREAS , West Jefferson Avenue is not a thru-street between South Bannock
and South Cherokee and the City has no plans to create a thru-street at this location;
and
WHEREAS, West Jefferson Avenue has a total right-of-way width of 50 feet along
this half-block portion of West Jefferson Avenue ; and
WHEREAS, this portion of West Jefferson Avenue serves only to provide access to
the South Bannock/South Cherokee Alley; and
WHEREAS, the 24 foot paved right-of-way will provide adequate access from South
Cherokee Street to the South Bannock/South Cherokee alley ; and
WHEREAS, the vacation of this 16 foot right-of-way from the City will revert to the
property owner on the North and be placed on the County tax rolls as such; and
WHEREAS, the Englewood Public Works Department has improved West Jefferson
Avenue with concrete pavement for 24 feet in width and has no objection to the
vacation of the North 16 feet of the unused right-of-way; and
WHEREAS, the City of Englewood's Neighborhood and Business Development has
reviewed the request for the vacation of the North 16 feet of right-of-way for West
Jefferson Avenue between the South Bannock/South Cherokee Alley and South
Cherokee Street and recommends it be approved .
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WHEREAS , the Englewood Planning and Zoning Commission reviewed the vacation
of the 16 feet of right-of-way for West Jefferson between South Bannock/South
Cherokee alley and South Cherokee Street at their April 20, 1999 meeting and
recommended approval by the City Council;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS:
Section 1. The vacation of the North 16 feet of right-of-way located on West
Jefferson Avenue between South Bannock/South Cherokee Alley and South Cherokee
Street is hereby accepted and approved by the Englewood City Council.
Introduced, read in full, and passed on first reading on the 21st day of June , 1999.
Published as a Bill for an Ordinance on the 25th day of June , 1999.
Read by title and passed on final reading on the 6th day of July, 1999.
Published by title as Ordinance No . 21/., Series of 1999, on the 9th day of July,
1999.
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Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true cop,f
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cp the Ordinance passed on final reading
and published by title as Ordinance No. tLf.-, Series of 1999.
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COUNCIL COMMUNICATION
DATE: June 21, 1999 AGENDA ITEM SUBJECT: Right-of-Way Va-
cation
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INITIATED BY: Maxine M. Molner STAFF SOURCE: Harold J. Stitt,
and Linda Unger, applicants. Senior Planner
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION:
There has been no previous Council action on this request.
RECOMMENDED ACTION:
Approve, on first reading, the Bill for Ordinance vacating the north 16 feet of
right-of-way for West Jefferson Avenue between South Bannock/South Chero-
kee alley and South Cherokee Street.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED:
Ms. Maxine Molner and Ms. Linda Unger own property at 3642 South Cherokee
Street, which property abuts the right-of-way for West Jefferson Avenue. Over
the past several years , Mr. and Mrs. Molner have registered complaints with
the City in relation to this right-of-way; specifically, the right-of-way was unim-
proved and vehicles using the right-of-way to and from the alley created severe
dust problems ; drainage onto the Molner's property has also been an issue be-
cause of the topography. The City has worked with the Molners to resolve
these issues by construction of a berm and the proposed paving of a portion of
the right-of-way.
West Jefferson Avenue is not a through street between South Cherokee Street
and South Bannock Street, and the City of Englewood has no plans to create a
through street. This portion of West Jefferson Avenue does provide access to
the South Bannock/South Cherokee alley, but a 50 foot right-of-way is not
needed for this access .
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Public Works Department has proposed improving West Jefferson Avenue with
concrete pavement 24 feet in width, and vacation of the north 16 feet of the •
unused right-of-way. The 24 foot paved right-of-way will provide adequate ac-
cess from South Cherokee Street to the South Bannock/South Cherokee alley.
FINANCIAL IMPACT:
The 16 feet of right-of-way that is being vacated will revert to the property
owner on the north, and will go on the County tax rolls . The City will no longer
be responsible for maintenance of this 16 foot area.
LIST OF ATTACHMENTS:
Bill for Ordinance
Staff Report
f:\dept\nbd\group\board s\coun cil\cc -w. j efferso n row vacati on .doc
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To:
Thru:
From:
Date:
Subject:
Planning and Zoning Commission
Robert Simpson, Director of Neighborhood and Business Development
Harold J. Stitt, Senior Planner
April 14 , 1999
Right-of-Way Vacation Request Case# VAC 99-02
Vacation of Right-of-Way along the 200 blocks of West Jefferson Avenue
APPLICANT:
Maxine M . Molner
Linda U nger
3642 South Cherokee Street
Englewood, CO 80110
LOCATION OF PROPOSED VACATION:
The north 16 feet of West Jefferson A v enue right-of-way betwe en the South Cherokee
Street/South Bannock Str ;et alley and South Cherokee Street.
RECOMMENDATION:
The Department of Neighborhood and Business Development recommends that the
requested right-of-way vacation be approved.
BACKGROUND Al'ID ANALYSIS :
This vacation request involves the north 16 feet of West Jefferson Avenue right-of-way between
the South Cherokee Street/South Bannock Street alley and South Cherokee Street. West
Jefferson A venue is not a thru-street between South Bannock Street and South Cherokee Street
and the City has no plans to create this thru-connection between South Bannock Street and South
Cherokee Street. West Jefferson Avenue has a total right-of-way width of 50 feet along this half-
block portion of West Jefferson A venue. This portion of West Jefferson A venue serves only to
provide access to the South Bannock Street/South Cherokee Street Alley.
The Public Works Department is proposing to improve this portion of West Jefferson Avenue
with concrete paving at a width of 24 feet. This will provide an adequate connection from the
alley to South Cherokee Street.
ZONE DISTRICT:
R-3 , High Density Residence District
RELATION TO COMPREHENSIVE PLAN:
The 19 7 9 Compre h ensive Plan designates this area as a high-density residence area. The Master
Street Plan indicates that West Jefferson Avenue is a local street.
Case #V AC 99-02
Right-of-Wav Vacation
PROCEDURE:
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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 were identified regarding this vacation request.
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\\ENG_ CH\SYS\DEPT\NBD\GROUP\BOARDS\PLANCOMM\ST AFF REPORTS 99\ V AC-99-02 .DOC
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MAXINE MOLNER AND LINDA UNGER
3642 S CHEROKEE STREET
ENGLEWOOD COLORADO 80110
NEIGHBORHOOD AND "!
BUSINESS DEVELOPMENT •
FEBRUARY 3, 1999
CITY OF ENGLEWOOD
3400 S ELA TI ST
ENGLEWOOD CO 80110
FEB -5 1999
ENGLEWOOD , COLORADO
ATTN. HAROLD STITT
DEPT. OF NEIGHBORHOOD & BUSINESS DIV.
Subject: Proposed partial vacation of Jefferson avenue between Cherokee St.,
and Bannock Street.
Dear Mr. Stitt: \
We recently discussed a proposal by the City of Englewood to vacate a portion of
the North side of Jefferson Avenue from Cherokee Street east to the alley. This
proposed vacation is defined on enclosed line drawings which you provided to us.
We own the only private property which borders this proposed vacation. •
We request that the described area be vacated by the City of Englewood, and its
ownership be restored to us.
Please advise us if further action is required on our part.
Thank you for your continuing help in this matter.
Sincerely.
,'Vi , """ -~A I -::· / / ckj4r..2-1 en j' y r.,,~'-(:;l c.,t.'. (...
signature: Maxine M. Molner
.;J-S-99
signature: Linda Unge date •
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PROPOSED VACATION
Commencing at the N.E. car. of Lot 34, Block 5, Skerritt's Addition to Englewood,
second filing; thence South 25' to the P.O.B.; thence South 6', thence on an angle to the
right of 45°, Southwesterly 14.14'; thence on an angle to the right of 45°, West 129.5';
thence North 16'; thence East 139.5' to the P.O.B. Said parcel contains 2,182 sq. ft.± .
Prop V Jcation
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