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HomeMy WebLinkAbout1999 Ordinance No. 034• • • 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 . -1- 10 bi 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. ~ flh ~i 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 1 cp the Ordinance passed on final reading and published by title as Ordinance No. tLf.-, Series of 1999. -2- ' . • • • .. • • • COUNCIL COMMUNICATION DATE: June 21, 1999 AGENDA ITEM SUBJECT: Right-of-Way Va- cation 11 a ii 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 . .. 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 • • • • • 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: page2 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. • • \\ENG_ CH\SYS\DEPT\NBD\GROUP\BOARDS\PLANCOMM\ST AFF REPORTS 99\ V AC-99-02 .DOC ~j . - ,7 /J ---00~----, .. ----d .-- ITHACA --~ 1--------- JO 1----------Z9 ' -1 rl----------_*; -------------- --------- -it}---~ --- ~·.-..;------- -i ;--------- ··ip--------- --i;;./---------- --1 1--------- ·--1 :1--------- ---1 1--------- '7 IQ .I "6 ...,: (/) ... J2 ___ '6 ___ _ la.~( I? .. ' ,~­g--- ... ---a:;·-- -------'6 JEFFERSON KENYON _, _:-_ LEHIGH --------... " AVE. ·--'o . fin (i!J Proposed Vaa1tion ...... ,...., ·o . ,, --~---16 17 -----1,, 19 __ _,_ __ Z; o ___ :a,s_ --~ • z J --~~-'# -- ... ------.-, 4l --~---.. , ., -------J!J , .. ------::!J .!; ------JI AVE. I I -~---z --1( -II ----Ci. (, ------" " -----1i 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 • • • • 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 l /27199 7 _j I ! I ! ! -i I I j *--"' I .._ I I ' ' ! I i i ! I I l i I I I i ! I z ~-1' ! / I k .Z.4 >! j (7~ /9?t1::: l I l j i I ' i ' I i _/ / ,-- , ' / ~/ /./ ,.. .. /r / / ,-I i -· _/i ~ "~--d L~ t'-.. C> '1 ~ "~ ti:; !'.,_ ~ f'i ~ l\ '\ ~ ~ ~] ~ ' ~ (,\ ' . ' • • •