HomeMy WebLinkAbout1995 Resolution No. 056•
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RESOL UT ION NO.~
SERIES OF 1996
A RESOLUTION AUTHORIZING THE PURCHASE OR CONDEMNATION OF AN
EASEMENT ON CERTAIN LANDS WITHIN THE CITY OF ENGLEWOOD,
CO LORADO , TO PROVIDE FOR TRAFFIC IMPROVEMENTS ON 3500 SOUTH
CLARKSON IN THE CITY OF ENGLEWOOD , COLORADO .
WHEREAS , to protect th e health , safety and welfare of the citizens of the City of
Englewood, it is necessary to make traffic improvements aroWld the Swedish Medical
Center Complex and a traffic imp rovem ent project has been implemented to that end ; and
WHEREAS, the City of Englewood must completely rebwld the traffic signal at the
intersection of Clarkson and Hampden and connect the si gnal with the City's master
traffic comp uter; and
WHEREAS, there is a publi c need to acqwre 18 square feet of right-o f-way and 128
sq uar e fee t of co ns truct ion easement at th e southeast comer of the intersecti on to install a
ne w signal pole in order to complete the project; and
WHEREAS , negotiations for th e purchase of the necessary property have been
unsucce !.sful ;
,iO W, TnEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
E!l:t,. ",;WOO D, COLORADO , THAT:
~ The City of Englewood staff is hereby authorized and directed to negotiate for
the purchase of the following described parcel, and, should the '.:ity staff be unable to agree
with the owner of the parcel as to the fai r market va lue, the City Attorney is a uthorized to
co mmence actio n in em inent domai n to condemn the following parcel of real property as
authorized by law :
Troffis; Rirbt ·Of-\Yev Easement:
A triangular shaped easement on the North West corner of Lot 1 Block 4 Higgins
South Broadway Heights, County of Arapahoe, State of Colorado, in the City of
Englewood, Colorado described as follows :
Beginning at the North West corner of said Lnt l; thence South along the West
line of Lot 1, 6.0'; thence North Easterly 8.4 9' to a point on the North line of Lot I ;
thence West along said North line 6.0' to be ginning. Said easement contains
18 .0 square feet more or less.
Tem0ornry Construction Easemen t·
A triangular easement on the North West comer of Lot 1, Block 4, Higgins South
Broadway Heigh ts, County of Arapahoe, State of Colorado, in th e City of
Englewood, Co lorado , des cribed as follows :
Begi nning at the North West corner of said Lot l; thence South along the West
line of Lot 1, 16 .0'; thence North Easterly 22 .6' to a point on the North line of Lot l ;
thence West along said North lin e 16 .0' to beginning. Said easement minus the
18 squar e foot Traffic Easement contains 110.0 square fe et more or less .
~-The Director of Financial Services i1 hereby authorized and dirtcted to •
appropriate, set aside and hold for all neceaoary judgmenta and awards, sufficient sums to
be paid ujust compensation to the owners of the property to be taken, and such
appropriation shall not be less than the highest appraisal value for the parcel in question.
ADOPI'ED AND APPROVED this 3rd fay of July, 1995.
Loucrishia A. Ellis , City Clerk
I, Loucrishia A. Ellis, City Clerk for the City of Englewood. Colorado, hereby certify the
..,., "• ~• •w ,,_,,,,.••'le."'"'"''-~ tf. !Jft:,
Loucruhia A. EW. •
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DA T E :
.\s :-·ou i c 1.11 1c:3te C 1 Lh e?' f :...:101-i ri ;; i:$ t h e i 11 f0r mat io n :>e rta in -
in g ·c t.hc inte r ~cct:on ot C:~a L·ks ,)n .,:~d lbmpd l!11.
C!o.r k zo n /Hn mi)den i s o:-i t:! o f t :i c-i ;i t c!·:,r:~t ion s in c l11 d c d i n t he
s ~e di sh Me d ical Ccn:er t .:-a ffic i 1npro v e mc 11ts p r o j ~c t . The
tr:. ~i c si~nal a t t h e 1n ;,.e r s cc Lio n tv i ll be co mpl e t e l y r e-
bu i lt , und co nn ec te d ~·1.t .1 o ur ma st ~r Lr:a f fi c co mp11t e .:-in t.h t'
C i L:· Hall.
We n eed a pp roximat ely 18 !H!i t.. o f fl.Oh" 1 n 111 i L~8 s11:·c.. of con-
st r 11cti o n casemen t at t h e s o uthe :1s t. r_:fJ r H1.."'r 1>f Li t e jul.el'sec -
ti on t.o instull n e w s i ~nul pole.!, Tht: ca :-.1.•mt:-n L i :.; ncc:cssary
to co mp l e t e the improvemen t pro j e ct at t i1e in t ~r s ecti on.
As you are awar e , we hav e t r1 ~d (bo tt1 sl.nff and tlsing an '•in-
J epe n d ent ne~otlntor } to a~ran ~c w1L l1 p ro per ty o ~n ~r ~ t o ob-
La ir1 L~i 3 ~c al e state .. \ll e ff o r ts h n v c ~c ~n u n3 t1c cc ~3ful.
P ~:.Hit.' n ull.' t.h a t j 11 or u~r l.1.• i..:,-•r•t> 0 11 .-1:•,11 :.;L n 1,:t.i u n sc hedu l e ,
~e ~o uld n~ed possc~s1 o n by J u l ~· 15 1 l '.)~~-
?lr--u sc c a ll me at c-:-;t. ~5 0 3 i f !-''O il h ,t v c a ny <(•r.:;Lio n s .
:\t t ;.1ch mc nt s:
Appr :1 1s al
App r a !3nl u pd ;.l L~
~c s o tin to r ~ io~s
.'l ick 's me mc
M ; M O R A N D U M -
D,HE: Jul, 7, 1994
SU3J EC7: 7=a==ic Easemenc 3500 So uc~ Clarkson
!~ ?➔or u a~y ~= 199~. a!~~r bein g 1 ~~c~m e d t h at a la rge t=at~ic
s:9 na: !oo ~:~g m:ghc caud~ da ma g~ t~e foundation oi the bu :ldi ng
o r. t~e 3 0ut~ ~~dt c o rner of South ~:arkson Scre~t and Ea~c Hampden
A•J ➔nu::i:, I ;:,r~c cdad c o =~q u esc "t.he necessary case :enc tor the
~:ic:n9 o : a Coubl ~ ma3c-,r m t=aff:c signa_ footing on thd sout h
~3dC cor~e= o~ t~e 1nte=secc1on a: 3500 South Cla:k3 on.
I con cac~=~ t ~e bus:~ess ac :~e co=~er, Ceasar'3 Automotiv~.
anC wad i~=~=~ed b y C~as~= that he and his partners owned che
?=~p ercy. : ~~~ w:th Ceasar a~ the s::e and expla:ned the aasemen c.
:~d1c atec v~ere t~e po_e wo uld sic and the improvemencs to cha
si;ewalk . : ~ave Caasa= a drawing o : t~e easement and corner, anC
a co p y o f ~~e =e qu 2st~C easement d cc ~ment . C~asar said that ha
~o :~ co~:act hi~ pa:tners , who whe=e out of t h e countrf, and fax
t ~em the documen ts ov~r t~e weeke nd . The next week Caasar inr ~rmed
me that his parr.ners did not fully understand the easement, though~
th4t thei= ~ropert y would be greatly devalued and that the corner
~as wort~ Sdveral tnousand dollars. I once again explained that the
ea~emenr. 4 0 ld not count against the square footage oi the property
if solC anC that the new traff ~c po l e, sidewalk anC wheelchair
r~mp s s h~ul d improv~ greatly the appearance o f the corner augmen t-
1~; the v a:u e of thd prop@rty. I also explained that the City
commonl y ;a~C nothing !or a t=affic easement ot this type.
Aftar sp~ak ~~9 with his par.tners, Ceasar to-d me that they were
st:11 un~u~~ a~out the easement and th at they wan t ed their attorney
Ric~ Nip~~~ (1140 Gran~ 837-1940), who was an expert ~n~ understood
~raffic ea3~ments, t o r~presdnt them.
~~-Ni~~~~ c~:l~d on Ma=c~ 17, 199~. we discu ssed the easement and
t h ~ wor k t~at ~oul d be done o n the corner. He said that his clients
wa nt eC S3 ,CCO. I told h~m that was not p ossible. He asked what we
th ou ght lt ~as worth . l said we est~mated about 4.50 per square
f~o c or $8:. He said t~at s a1 amountep to n othing and a~ked if we
c ou _d do ~~tte=. I ex?l a~ned again that norma lly we ofter a token
s 10 and pa y nothing. Me a ~ked if we could ofier more. l said I did
net thin~ ~o. but wo ul d d1scuss it w{ch the departm~nt.
Ab ,Jut tw o ~~eks lacter I w~3 abl~ t o contact Mr . Nip~rt and offered
S !62. ~=-N:pe =t sai d they sill wanted SS OOO .
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When I was n ext able to c ontact Mr. Niper~. about three weeks later
he was still asking for ;SO OO. I said w~ would oifar S324 or four
times the value of the property. I told him that this was as hign
as ! could go and explained that if we had to mov• to conddmn tne
prop~rty h~s clients woul d receivd muc h less . He said S SOO O.
Aftar talk~n~ i ~ 0 1,er we decided to try one more time. ! contacted
Mr. Sipert on M~y 5 , 1994 and iniormeU h:m that our l a ~~ and best
o!=ar was 3500 and t h a t if this was unacceptable that we would
w~c~ara w t~~ oi~~r ana proceed to condemn tne cornar. He sai d no
but h is cl1~nts might accept an offer o! SZ,500. I to ld him tha t
was not po~s ~~le . He sa~d to go a head anC c onde mn.
• COUNCIL COMMUNICATION
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DIiiie July 3, 1995
INITIATED BY
Ag,enda Item
15 a
Ci ty Atl<l m ey
Sulue<t
Traffic Right-of-Way Purchase
or Condemnation
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STAFF SOURCE Dan Bro .. 1 man , City Attorn ey
COUNCIL GOAL
~l ode mizatio n a nd improvement of the traffi : system around Swedish Medical Center.
PREVIOUS COUNCIL ACTION
Resol ution No . 49 , Series of 1993 and Resolution No. 50 , Series 1993, authorizing the agreement between the
City and Swedish Medi cal Ce,iter for traffic syste m improve ments, including traffic signal upgrades at
. Clark son Street and East. H1mpden Avenue.
RECOMMENDED ACTION
Adopt a reso lu tion authorizing the purchase or co nd emnation of an 18 square foot triangular traffic right-
of-way easement and a 128 square foot trian gular temporary construction easement on the southeast
comer of South Clarkson and East Hampden Avenue. This action is necessary I<> complete the
construction of traffic si gnal improv ements at this loca ti on in a timely manner.
BACKGROUND, ANALYSIS AND ALTERNATIVES IDENTIFIED
In Febrwiry, 1994 , the City received a report from W. J. Root and Associates confirming that the proposed
placement of a large traffic signal po le on the Southwest comer of Clarkson and Hampden Avenue could
damage the foundation of the comer building (ice cream shop ). Reinforcing the four.dation of this
building would cost several thousand dolhrs. T!:orefore, installation of a doubl e arm traffic signal pole
was reco mm ended for th e south east co m er of th e inte rsection. Due to wheelchair ramp requirements, and
the position of th e existin~ traffic signal pole and swnn drain s, it would be necessary to place the new pol e
directly southeast of the existing pol e, or approximately 36 inch es into the property comer.
The Ci ty approached the proper ty owners requesting a traffic easement to in stall the traffic signal mast
arm. Wh en agreement fo r the easement could not be reached with th e property owners, the City contracted
.,;,h Aries Com pass Grou p in June, 1994, I<> apprai se the property. In September , 1994, the City contracted
with an in dependent negotial<lr, R Scott McDowell , fo r acqui sition of th e easements. The negotiations
ended unsucces sfully in March , 1995.
FINANCIAL IMPACT
$21 0.00
LIST OF ATIACHMENTS
Resolution
Renl Est.ate l\pproisal
~egotia tor's L~g
Anes am rr11Wn --IXM'~Df
a.Hlg5
E,qJ,waad. O'.) ll)JlJ
TdtpDw (DJ 7,51.5959 Apr'...l 12, 1995
Far/311)7,51.1
R. A. Kahn
Eng'~--.:'--,; Mar.a~
C:.::v cf Er:cleo,,o:xi
3400 Scuc..~ -::::.ac..:. SL--eet:
:::r,gleo.cx:c, CD 80110
?~: 350G Scu.c."l Clark.sen St...~C
er:.g'_-.a.:. ~sal cacec 00/:.5 /:;
!:l a.c=::: 'C.a.11.ee !...:.c..1. ~ v-e.::::a: ~~~ co u¢ace c:"..e otg-i-.""la..!. a;:;....-ai.sal
~, ! cf.:::-c.....,.e :!:ol.2.c-N'"_"':5' c::mre::cs .
~ s-1.lb j ~ :--9E!--=:-r is :.3 , :oo SE' cf c:::rrrre==i.al i.ar.C l o::aceci at 3500 Scuc.."l
C..a...-k.so: Sc..~~ i.r1 2:'iglew::xxi , c=lc..-ac:). ~ subj~ P.I",:pe-..-;y is i.rr;:roved w::: .. '.1
ai, a.u::.o ra:-a~ -s. .... ..c:p ar.C :~.ce= ya_-::. ::C'Nev-o...=, c..~ i.rr;,r:--v~cs a..'"'!:! ~c
a.:::::ec:ec =':;I' c..._.e a~s::::.c:-. a.~ c.. .... ~ a_-e r.ct a pa=-: of r..~ orig-:_-,a1 appraisa.:
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°!!"'.e c!.::y of :::::g,!ew::x:x:::. ~ is ::=r 18 S: of land at c..i.e r.or:...~ c::r,~ o::
c..:...e subjec: ~~.:' for a ~ =-=.::!ic Si.ST.al. An adci.tic;:r,..al c~ry
aaserrer..c cf :.29 SF is nece.ssa__-y t= c::::".St:=~ t:..'-le new sigr,A..L .
~ arig-i_'1aJ. a;;:raisal ~ es-~Taced che va.Lue of che 18 SF of subject lar...ci
ac SllO. 00 fer c...>ie r.ew c....-af!ic sis;na.1. as of Au;u.st l5, l.994 . n,.,, :-enw vaJ.1.:e
cf ::.'le 128 SF terroorarv easereni: was S100. 00 to =-~'1.le!: t!:le new t::affic
s::.sr.a.1 . T.ius , t.!-_,e cecal c:::rrp-rsac .:cn cue :he prcpe._~ cwr..er for 1e· SF of la~
a.~ :.2S SF c e,r;x:ra--y ea.serene i.-cl:;c.,:g u daJrages (r.cne a;:;,Ecable) was
value: a.s of Al.:gust:. 15 ; 1994 at :
J",Q ;lCNCE;D ID! DJUMS
$ 2:0
:.; :..1.e o:-:.sr-~ appra.isa..L rep:..u--:, C:-:-~ l.ar..d sales \tee_~ re.sea_~~ ar.d
~=::.ec. co a....'""tive at a S6. 00 51' val ue for c..'ie subject lar.C.. As c.."le orig.:_r.al
s-i.:.b j ec: a;::p~ re;:or: was Ccr.e a 1:.:c_c O'.re!" s.L"< rrcnt.hs ac;o arJ:i =esea.r=.,
a-J:: L~::caci.cn of c.J....-=e.11c Rcd:::v-sales revealed !"'..C mac~.-al c.1-..anges ; ic is
c=r-.cluced C.:~~ has be,=r,...n no c.,an;e i., ti'.e crigiz,.a.J. valuacicn for c,.,e subj ect
;::-::;:e....>-cy.
~1 as of ~-1 1 1 1995 , t."".e cr:.~_-,al ap;lraised value for t.::e subjec:
;:~y \o.C\llC rrosc likely rer-C..:..-: t.='!C.1a!i.ge-i .
'tf:J )~
Da,.,.ie..L J . Step!"~r1.s, MAI
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R. ScoTT McDoWEU..
!00 Norrh Guadalupe, s..iu 0-,7J
Sanm Fe. New Maico 8 7J0/
(J05) 982-8<72
flea/ &rat• Appraiw/COIISllltanr
Negotiator's Log
Property Owner: Shi v Jee Iha. Mini :-ianda, and Balj ic :-1 .a.nda
Mailing Address: 8248 Wesc Ches uc A ·enue . Li!t1t r.o o, Colorado 80123-5589
Telephone Number: Shiv Jee Jba (Caesar) (Broadw~v )
(,;"l.'u l.100)
(3 01) 781-1438
(3 03 ) 781--041)()
(303 ) 799~227
(3 03 ) 83 7-1 940
Mini and Baljit Nanda
Rich Nipen (attorney rcpr~cotiJlg the owner, 1
Property Location : 3500 South Clarkson Screet. b y.,:•.vo. ;i, C<)lorndo
Legal Description: Two triangular shaped casemems co the oonhwes· ccrner of
Lot I. Block 4. Higginl' South Broadway Heights.
DATE DESCRIP'TlON
9/23 /94 I sem a letter addressed to Shiv Jee Jha and Mini & Baljit Nanda introducing myself
and explai.ni.ng my fuoaion with resp..:~ re tr.,. acquisition of the subjca property .
My address and ,telephone number were inc_~.l,~ ;:, the letter.
9/30/94 I met with Rick Kahm for orienwioo, .be City Attorney . fo r legal aspecrs, and Nici:
& JohL'So n. of the City 's Public Works Dcpanmenl'. for background on the projca as he
10/03/94 had beeu 1.0volved in the oegotiarion:; up to this point.
10/03 /94 I called and spolct with Rich Nipen. the att0rney ' r the parties. for the purpose of
!miodw:ing myself and setting up a meeting OJ i• · ;iu e negotiations . Mr. Nipen
informed me that h~ was :tnable to me-.~ ~n :hi~ •~, and asked me to call him the
following day . He suggcstt,l that, if be was unavailable. I should conw:t and meet
with Mr. Jha d in.::r.'y .
10/04/94 I te lep honed Mr. Nipen twice and left rwo messages on his recoroer, but did act
=ive a return call . Accordingly . I called Mr. Iha and set an appointment to meet
with him the following da y (October 5, 1994).
10105194 Mr . Nipcn returned my call from the preceding day. at whi ch time . I informed him of
my scheduled meeting with Mr. Jha. He indicated hls approval and said rbar be
wou ld r.allc to Mr. Jba after th e meetiJlg . Although Mr. Iha missed the first meeting, I
was able to re-schedule with him later in the day . At this meeting, I presented him
with a copy of the City 's appraisal and written offer for the property in question. Mr.
Jha indicaoed that oe fe lc the offer was very low. stating that he had purchased the
propeny mostly fo r its exp os ure to traffic and was imending on erecting a sign on the
same corner where the City is propos ing to install the new traffic signal . In addition.
he said that the new facility would red uce the property 's current visibility from traffic
R. SCOTT McDoWELL
N"1otialor's Loa: Shi v Jee Iha. Mini Nanda. illl(t !Wjit Nanda
10 /05 /94 and. thus. have a negative effect on his business . I resp onded by saying that, with oo
(coor.) oth er dOC'..tment.ario o co the contrary. the City was limited in -,.,bat they co uld offer at
this point o the val ,·! indicated by the appraisal . Consequently . I suggested that be • obtain some type ~. ~ocumeowioo for his conteations and provide me with a copy so
I tnat l could present it to the Ci ty . I added that. as I had been informed by the City's
attorney. loss of bus iness was not an iss ue in this c:i.se. and . therefore. the
documentation sho uld be lin:ited ro the effeas of the proposed raking on the subject
real property . Mr. Iha indicated that this would most likely be his course of a..'ti oo
and char :,e or his aaorne y would be in contact with me.
10/11 /94 1 tele;,h ooed ~r. Iha twice. but was unable co reach him .
10/12 /94 I C3lle<: and spoke with Mr . Jba ro se-: b,•w the documentati on was coming along . He
informed :ne thar he was in the pr01.::e.;s of obtaining an estimate from a sign
conttae:or. While I was not sure hew ai: estimate fo r a sign related ro the iss ue at
hand (i.e. real property), I did uor confront Mr. Iha with it . Instead. I decided that 1
sho.i ld disC'.lSS the matter with his aaorney. I telephoned Rich Nipen and left a
mes;;age on his recorder.
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10/13 /94 Rieb Nipe<t rerurned my call from the day before and •.ve discussed the manor of the
dOC'Jme:ttaeio n in su r~<>n of a couorer offer tn the City . Mr. !\ripen indicated he
understood :hat it had tn be real estate related and s;i d he woul d c.L< ro Mr. Jba and
get back t.vitil me.
10 /18/94 After 001 ~earing anything , and being un.'lble 10 rC3ch ~Ir . Nipen. I called Mr. Jb a
wh o informed me that he did not yet have the estimate from the sign compatiy .
10/19 /94 , a:lopiloned Mr. Nipen and asud him if be cou ld at least give me a dan: when they
expe::-~ to respond in this matter . He said he would di>C'JSS it with his clietlt and get • hack with :ne . -
10/25 /94 After oat hearing anything, I called and spoke wi th Mr . :--li pert. wh o asked if the City
would =;,t an unsupported couna:r offer . I told hlm I would check with City
roprese~::ariv es and call him back . I called fjc K.ahm of the City and discussed the
manor •,..jm him . He said the City would consid er a reaso nable counter offer .
10/26 /94 I re layed tile City's response with regard 10 a counter offer to Mr. Nipert. who
requested that I send him pertinent pages fro m the appraisal . He said that be would
revi ew cte~ with Mr . Jha and get back with me .
10/2 7/94 I fa."Ced ;,eninent pages of the appraisal 10 Mr . Nipert
11 107 /94 After not hearing aoythir,~. 1 cal ied Rich Nipen. who said he still had 001 been able to
, discuss tb1s maaer with Mr . Iha .
3/03 /95 / r telephoned ~Ir. Nip ert and left a messag~ on his recorder. for whic h I have received
no rerura cal I.
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