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Home My WebLink About1999 Ordinance No. 054' I • • • ORDINANCE NO. 5'-/ SERIES OF 1999 BY AUTHORITY COUNCIL BILL NO. 57 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AMENDING ORDINANCE NO . 21 , SERIES OF 1999 , MORE SPECIFICALLY DEFINING THE VACATION OF RIGHT-OF-WAY ALONG THE 500-800 BLOCKS OF WEST FLOYD A VENUE BY THE CITY OF ENGLEWOOD. WHEREAS , the Englewood City Council authorized the vacation of Right-of-Way along the 500-800 blocks of West Floyd Avenue with the passage of Ordinance No. 21 , 1999 ; and WHEREAS , Ordinance No. 21 , 1999 , authorized the vacation with the City retaining a "General Utility Easement" for the entire vacated Right-of-Way for any existing and future utilities; and WHEREAS , as a condition of closing, the easement must be specific for it's use ; and WHEREAS , the City shall retain an easement over the more specifically defined vacated portion of Right-of-Way for any existing and future utilities ; and WHEREAS , the City shall retain a specific easement entitled "Little Dry Creek Conduit Easement" of the vacated portion of Right-of-Way encumbering Lot 1, Block 9 ; and WHEREAS , the passage of this Ordinance will redefine the easement for it's intended use ; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS: Section 1. The amended Vacation of Right-of-Way along the 500-800 blocks of West Floyd Avenue such easement is specifically described as to their intended use is hereby approved by the Englewood City Council as follows : 1. A general utility easement shall be retained by the City of Englewood for the following described vacated portion of Right-of-Way: -1- All of the vacated Right-of-Way, per Ordinance No. 21 , 1999, except that portion lying within the following described parcel: That part of the Southwest one-quarter of Section 34, Township 4 South, range 68 West of the 6th P.M., more particularly described as follows: Commencing at the Southwest corner of said Section 34; thence South 89 degrees 50 minutes 22 seconds East along the South line of the Southwest one-quarter of said Section 34, a distance of 948 .07 feet; thence North 00 degrees 01 minutes 23 seconds East along the Westerly Right-of-Way line of South Ela ti Street and said Right-of-Way extended Southerly, a distance of 430.59 Feet to the True Point of Beginning; thence South 89 degrees 53 minutes 01 seconds West a distance of 626 .19 Feet to the Centerline of South Galapago Street extended; thence North 00 degrees 09 minutes 38 seconds East along said extended centerline, a distance of 846.96 Feet to a point lying 45 .9 Feet southerly from the North line of the Southwest one-quarter of the Southwest one-quarter of said Section 34; thence North 89 degrees 53 minutes 01 seconds East, parallel with said North line a distance of 624.16 Feet to a point on the aforesaid Westerly Right-of-Way line of South Elati Street; thence South 00 degrees 01 minutes 23 seconds West along said Westerly Right-of-Way line a distance of 846.95 Feet to the True Point of Beginning. To be known as: Lot 1, Block 9 , Englewood City Center Filing No . 1. 2 . A "Little Dry Creek Conduit Easement" shall be retained by the City of Englewood for the following described vacated portion of Right-of-Way: That portion of the vacated Right-of-Way, per Ordinance No . 21, Series 1999, lying within the following described parcel: That part of the Southwest one-quarter of Section 34, Township 4 South, range 68 West of the 6th P .M., more particularly described as follows: Commencing at the Southwest corner of said Section 34; thence South 89 degrees 50 minutes 22 seconds East along the South line of the Southwest one-quarter of said Section 34, a distance of 948.07 feet; -2- I • • • • • • • thence North 00 degrees 01 minutes 23 seconds East along the Westerly Right-of-Way line of South Ela ti Street and said Right-of-Way extended Southerly, a distance of 430.59 Feet to the True Point of Beginning; thence South 89 degrees 53 minutes 01 seconds West a distance of 626.19 Feet to the Centerline of South Galapago Street extended; thence North 00 degrees 09 minutes 38 seconds East along said extended centerline, a distance of 846.96 Feet to a point lying 45 .9 Feet southerly from the North line of the Southwest one-quarter of the Southwest one-quarter of said Section 34; thence North 89 degrees 53 minutes 01 seconds East, parallel with said North line a distance of 624.16 Feet to a point on the aforesaid Westerly Right-of-Way line of South Ela ti Street; thence South 00 degrees 01 minutes 23 seconds West along said Westerly Right-of-Way line a distance of 846.95 Feet to the True Point of Beginning. To be known as : Lot 1, Block 9 , Englewood City Center Filing No . 1. Introduced, read in full , and passed on first reading on the 20th day of September, 1999. Published as a Bill for an Ordinance on the 24th day of September, 1999. Read by title and passed on final reading on the 4th day of October 1999. Published by title as Ordinance No . .6J.. Series of 1999, on the 8th day of October, 1999 . -3- I, Loucrishia A . Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true cors:t the Ordinance passed on final reading and published by title as Ordinance No . , Series of 1999. -4- • • • s 00·02·12· I.I S. INCA ST. 00'02'12' E 26 2 00' I+ PAGO ST. lO' L 364 .99 ' <PRIVATD TRACT 'E' 47 .00 ' (/) (/) Cll -.[) . Lil 1.866 ACRES :t / / N 00'0?'1?' t / 264 0\ -/,~/r;u OJ ~ I c; II II II • • f\J f\J (fl a---.1 ro Ul I -; vi ru ui -u O'~J:> WUl • --~ ..J . f'l r.i u r · CT' I l'I • l'l I u ' [] ' U1 ~ I l I ' -.!) 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AM!:_-f~ D. 1 u 1 ·~ A , \ s u B o r v r s r Ll N s. GALAPAGO ST. r I I 1---- \ -----R.G. \JH]T[~ S UB . AMF ND . ~I . z C::: S. FOX ST . tzj w r -- ~ Al i.1 ~ I I. ___ _ LJHI _ MAN S UB . ? 1'-J n F l l_ H'J (j '.} OO"Ol 'c::':l' "" l34G .'J'...i -I -~~.;.;._.;;___ ____ __;;..;.;;.;..o..;,; ______ ~~;---1 1110.57' ~~---~ _ 112 S'wl 1/-4 S'W 1/-4 SEC . 3-4 t -S. ELA.TI ST. J ·-1./ ~-- \ \ T. r-- • • • Date September 20, 1999 INITIATED BY COUNCIL COMMUNICATION Agenda Item 11 a ii STAFF SOURCE Subject Amendment to Ordinance No . 21, Series 1999 (West Floyd Avenue vacation) Department of Public Works and Englewood Environmental Foundation , Inc . Rick Kahm , Capital Projects Manager I Director Englewood Environmental Foundation COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This action supports redevelopment of CityCenter. Council approved Ordinance No . 21 , Series 1999 , vacating a portion of West Floyd Ave . RECOMMENDED ACTION Staff recommends council approval of a Bill for an Ordinance amend ing Ordinance No . 21, Series 1999 . This amendment redefines the easement retained through the proposed Wa lmart property from a "General Utility Easement" to a specific easement titled "Little Dry Creek Conduit Easement". BACKGOUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Ordinance No . 21, Series 1999 vacated the south 66 feet of West Floyd Ave . between South Elati St. and South Huron St. Per recommendation of the Eng lewood Utilities Department , the City retained a "General Utility Easement for the entire vacated Right-of-Way . Wal mart , through their local attorney , advised us of their objection to general ut ility easements encumbering their property. As a condition of closing, the easement must be specific for it's use . This amendment will redefine the easement for it's intended use. FINANCIAL l~PACT None LIST OF ATTACHMENTS Bill for an Ordinance Map of easement location