HomeMy WebLinkAbout1998 Resolution No. 108•
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RESOLUTION NO. JJ)/i
SERIES OF 1998
A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF A PAII.CEL
OF LAND WITHIN THE CITY OF SHERIDAN, COLORADO , WHICH WILL PROVIDE
IMPROVED RECREATIONAL FACILITIES TO THE CITY OF ENGLEWOOD,
COLORADO.
WHEREAS, to protect the health, safety and welfan, of the citizens of the City of
Englewood, it is necessary to provide improved recreational facilities; and
WHEREAS, the City of Englewood , Colorado has, in the exercise of its public powers ,
dete1mined that it is necessary to acquire property for the purposes of improving the
recreational facilities in the City of Englewood .
WHEREAS, this property, because of its location, is best s uited for the City's purpoee;
and
WHEREAS , this property was identified as a park or open space use in the 1979
"Co mprehensive Plan" and the 1997 "Englewood Recreational Demand and Facilities
Analysis"; ard
WHEREAS , this property is now being co nsid ere d as a waste transfer station; and
WHEREAS , it is doubtful that such use would be allowed by t he City of Sheridan; and
WHEREAS, s uch a use is not practical nor is it a viable use at thi s location; and
WHEREAS, the City of Englewood has determined it will have funds to purchase thie
property; and
WH EREAS, a waste trans fer facility at this location would cause harm and inconvience
to Englewood residents and patrons of Centennial Park; a nd
WHEREAS, this prope rly is not within the m unicipal boundaries of Englewood but meeta
the requirements of 38-1-101 et seq. C.R.S., 38-6-101 et seq . C.R.S., an<l 31-25-201 C.R .S .;
NOW , THEREFORE , BE IT RESOLVED BY THE CITY CO NCIL OF THE CITY OF
ENGLEWOO D. COLORADO , THAT :
~-Th e City of E n gle wood stsfT is hereby authorized and directed to negotiate for
the purc hase of the follow in g de scribed parcel, a nd, sho uld the City s t a tf be unable to agree
with the owner of the parce l as to the fair ma rket value, the City Attorney is authorized to
co mm ence acti on in emi nent domain to condemn the foll owing parce l of real i;rop erty as
authorized by Jaw :
The taking of t he follow ing property:
That part of the Southeast quarter of the Northea st qu arter of Section 8 and the
Southwest quarter of the Northwest quarter of Se ction 9, Township 5 So uth, Range 68
We st of the Sixth Princ1~•a l Meridian, City of Sheridan. Co unty of Arapahoe, State of
Co lorado, described as follows : comme ncing at the Ea st quarter corner of said Section 8:
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running thence &uth 89" 50' 23" Weal, along the South line of said Northeaat quarter, a
diatance of 659.34 feet, maa,e or lea, to the Southwe1t corner of the Southeaat quarter of
the Southea&t quarter of u:id Northeast quarter; thence North oo• 08' 07" Eaat along
the Weat line of uid Soudieut quarter of tho !loutheut quarter of eaid Northeast
quarter, 1 distance of UIO..Z!I feet. more or le11 to the TRUE POINT OF BEGINNING at
tho Nortbweoteomu of•-' o(land deeded in Book 1113 at Pap 83 ofthe
Arapahoe County Record.I. lllheoce, continuing along said Weat line North oo• 08' 07"
Eaat a diatam,e of 688.31 ioe · thence North 00' 08' 56" Eaat a distance of 8.96 feet ,
more or leea, to a poun on ta Southwesterly boundary of a parcel of land rleeded in
Book •196 at Pagel 380 ..S 381 of the Arapahoe County Records , said point being on a
curve concave to the Nort.beut with a 30" I I' 52" central angle and an 816.62-foot
radiua, thence Southeas~ along said curve. a distance of 430.40 feet (chord bearing
South 49• 11' 51 " East a diszance of 425 .44 feet) to ita point of tangency ; thence South
64' 17' 47" Eact a distance 321.20 fe et to the point of ,urvaturo of a curve to the right
with a 35' 34 ' 14" central £llP• and an 456.62-foot radiua; thence , along said curve , a
distance or 283.48 feet to iu point of tangency; thence South 28' 43 ' 33" East a distance
of96.16 feet, more or leas. a pcnnt on t he Northerly right-of-way of West Union
Avenue; thence South 62• Ol5" 21 " West along said right-of-way line, a distance of 177.61
feet, more or less, to the Eam oomer of sa id parcel deeded in Book 1113 at Page 63 ;
thence, following the NortJ,.,rJy boundary of said parcel. North 64' 07' 43" We st a
distance of 185.06 feet ; the= South 89" 51' 55" West a distance of 538.24 fe et , more or
less, to the TRUE POlNT OF BEGTNNING . said parcel oontaining an area of 7.55'14
acres, more or le ss.
is necessary in that a public need exi:sta for improved recre atio nal fa cilities .
~-The Director of f""t!:lllDClAI Services is hereby authorized and directed to
appropriate , set aside and hold b all necessary judgments and award s, sufficient sums
&om funds to be budgeted in 19!99, to be paid as just compensation to the owners of the
property to be taken and such appropnation shall not be less than the higheet appraisal
value for the parcel in question.
ADOPTED AND APPROYED this 21st day of Dece mber, 1998 .
I, Loucriabia A. Ellis , City Clerk for_ tqe City of Englewood ,
above is a true copy of Resolution No.lOJI Series of 1998.
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COUNCIL COlmUNICATION
Date
December 21, 19il8 I Agenda 11am I Subfect
Property Acquis ition for
1 I c iv Centennial Park
lnltl ■tad By
City Cr,unc il
I Slaff Source I Gary Sears , City Manager
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The subject property was identttied in Englewood's 1979 Comprehensive Plan and the "1997 City of
Englewood Recreational Demand and Fac ilities Anal)sis" as a future property acquisition for open
space linking Centenn ial Park and the South Platte Rl,ver Greenway.
RECOMMENDED ACTION
Staff requests that Counc il approve the Resoiuti<-,n permitting staff to enter into negotiations for
acquisition of certain real property , either through purehase or eminent domain . The property is
described in "Exhibit A". See the attached map whid':i indicates lhe parcel to be acquired .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The subject property is currently vacant land located' 1witt11n the City limits of the City of Sheridan and is
zoned 1-1 for light industrial uses . Park land use ca,, <OCCUr in any zone district. Use of the property is
iin;ited by the fact that this parce l was part of a former county dump . The property Is currently
undergoing review 101 use as a trash tra nsfer faci frty m the City of Sheridan . The City recently became
aware that the Publ ic Serv ic e Company was interes:ed in selling adjacent land and is taking steps lo
acquire both parcels lor park or ope n space use cons istent with Englewood 's 1979 Comprehens ive
Plan .
FINANCIAL IMPACT
Unknown . An appra isal for the subject property is bemg obtain ed.
LIST OF ATTACHMENTS
Proposed Resolution
Map