HomeMy WebLinkAbout1991 Resolution No. 035RESOW!'Ietl 00. §
SERIE.5 OF 1991 -
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A RESOWrIOI APPROVING THE ANNEXl\TICtl IIGREEMEN!' WITII cm:rz ENrERPRISE.5 ( 1-01E
LI..MBER) I\ND THE CITY OF ENGLEl,\'.X)().
WHEREAS, the City of Engleo.ood has annexed 4.4944 + acres of ground which
Hare Lurber currently owns; and
WllrnF.AS, the City of Engleo.uod and Guetz futerprises (Hare Lurl:ler) wishes
to formalize their Annexation l\greerrent ;
Na-I, TIIEllEFORE, BE IT RESOLVED BY T:!E CITY CXXJNCIL OF 'll!E CITY OF
ElU.00:0 • COLCIU\DO • Ttll\T:
Section l. 'Ille Annexation l\greerrent L-etween the City of Englewood and
Guetz futerpnses (llare LLITl:ler) is hereby appt ved.
l\DCPTED l\lll APPIVJID this 6th day of May, 1991.
I, l..oucrishia A. Ellis , Deputy City Clerk for the City of fugl~,
Co lorado , hereby certify the above is a true copy of Resolution No • .il_,
Series of 1991. d w-'4/l;.__lf V'dL
Loucnshta A. Ellis
ANNEXATION AGREEMENT
TIUS AGREEMENT made and entered into thi s __ day of _~~---
1991 by and betw een GUETZ ENTERPRISES, a Colorado general pannership,
hereinafter referred to as "ANNEXOR " and the CITY OF ENGLEWOOD, a municipal
corporation, of the County of Arapahoe , State of Colorado, hereinafter referred 10 as
"CITY ".
WITNESS ETH
WHEREAS , Annexor is the owner of the property located at 1225 We st Bellevi ew
Avenue, currently used by Home Lumber & Supply Company under a lease from
Annexor, which is 10 be annexed 10 the City (the property is legally described below , and is
hereinafter referred 10 as "Propcny"); and
WHEREAS, the parties mutually agree that the annexation of the property 10 the
City shall not create ·my additional cost or impose additional burden on the existing
re:1idents of the City to provide public facilities and services to the property after
am:exation ; and
WHEREAS, upon annexation 10 the City of Englewood, the Property will be
exempt from certain provisions of the non-conforming use provisions of Title 16 of the
1985 Englewood Municipal Code; and
WHEREAS, the purpose of this exemption is to permit Annexor and/or the Home
Lumber Supply Company 10 operate and to expand its existing business on the Property
which it has occupied and used prior 10 its annexation 10 the City of Englewood .
In consi· ~r~tion of the foregoing premises and th e covenants, promises and
agreements of ,·h of the parties hereto, 10 be kept and perfonned by eac h of them,
IT IS AGREED:
A. Sectio11 i 6-6, Nonconforming Uses, of the Englewood Mun ici pal Code is
auached. Exce pt as identified below, the provisions of this Code sha ll not apply 10 the
Property and adj acent property purchased or leased by Annex or or Home Lumber &
Supply Company , during the term of thi s Agreement. The following sec tio ns of 16-6 of
the Englewood Municipal Code shall continue 10 apply:
I . Section 16-6-lC. The nonconformin g use shall not be cha nged 10 a differe nt
non co nforming use.
2 . Section 16-6-lD . The nonco nforming use, if changed 10 a confom1 in g use , ma y
not th ereafte r be changed 10 any nonco nformin g use.
3 . Sectjon 16-6-IF. If the nonco nformi ng use is di sco nt inu ed fo r a period of one
hundred eighty ( 180) days of more , regard less of the intent 10 res um e opcrntio ns,
any future use of the bui ldin g or struc ture mu st be a conforming use . Pro vided,
howeve r, that Section 16-6-1 F shall no t app ly in th e case of a di sco ntinuan ce of th e
nonconfom1ing use cau sed by an ac t of God or oth er cau se 0111 sidc of th e co ntro l or
Annexor .
4 . Sccrjon 16-6-3D. The nonconfonning use of land shall nor be changed 10 n
different nonconfonning use.
5. Section 16-6-3E . The nonconfonning use of land , if changed 10 n co nfonnin g use.
shall not thereafter be changed 10 any nonconfonning use .
B . The following is the description of the property 10 be ann exed:
Lots I and 2 and Lot 3 EXCEPT the South 220.56 feet of the Eas t 50 feet
and Loi 4 EXCEPT the South 220.56 feel , Block I, Mavdon Subdivi sion ,
together with 1hc following described parcel.
A tract of land in the SE 1/4 of Section 9, T5S, R68W of the 6th PM :
unincorporated Arapahoe County , Colorado ; r:iorc particularly described as
follows :
Beginning at a point I 035' East and 30' North of the Southwest comer of
~.aid Southeast 1/4; thence North 370'; thence Northwest 287 .91 '; thence
South 577 .11 '; thence East 200' to beginning.
Contains 4.4944 acres +.
C . It is understood and agreed that the tcnn "existing business" as used in th e
Agreement means: The operation of a lumber yard, building material and building
component business, including the warehousing and sale at wholesale and retail of lumber.
siding, tools, and other~ ·Heling supplies, and building components and materials for
residential, commercia'. ..crcational and industrial use; the manufacture , processing and/or
fabrication of doors, trusr.es, windows, stairs, walls, and other building components; the
outdoor storage and display of any of the items sold or manufactured on the premises . Th e
descriptions of specific hems in this paragraph (C) arc for the purpose of illustration only ,
and shall nOI be deemed to be a restriction on the type or manner of expansion of the
existing business .
D. The Property currently receives its water supply from the Denver Water
Department. Following annexation , Annexor may continue to receive its water supply
from the Denver Water Department , and Annc xor will I-.. under no obligation to connect 10
the City water system, unless or until it elects to do so . At such time, Anne xor may
co nnect to and be served by the City water system on the same terms and conditions as 1he
City provide s water 10 other pn,;-~rty owners within its boundaries .
E. The Prr>perty currently ha s two (2) septic sy stems . Th e di stance between
1he closes t existing pudic sanitary se wer main and the existing structures is greater than
400 feel, and th erefore , following annexation, the se sys tems may continue 10 be used.
Any repairs or modification s 10 th ese sys tems mu st be approved in adva nce from th e Tri -
Co unt y Health Department
Al such tim e that a pu bli c was tewa ter co llection lin e is co nstru cted alon g
Belle view Avenue or other loca ti ons whic h pla ce a publi c wastewater coll ec tion sys tem
within 400 feet of the Property stru ctures, th e stru cture s may be required 10 be co nn ec ted to
the sy stem if required by th e provi sion s of Section 12-2-21 of th e Englewood Mun icipa l
Code .
F . The Property and the buildings, structures, fences , signs and other
improvements thereon have been surveyed by the City. The City agrees to consider thi s
Property and all of its appurtenant structures as an "Exi sting Installation " the use and
occ upancy of which was legal at the time of th e adoption of the code, within the meanin g of
Section 104(c) of the 1988 Uniform ll11il ding Code . Thi s section re ads , in pan , as
follow s:
/04(c) Existing ln.stal/ation.s . Buildings in exi.rtence at tlie time of t/ie
adoption of t/us code may liav e 1/ieir existing use or occupa ncy co minued, if
such use or occupan cy was leg al at the tim e of t/ie adoption of tliis code,
provided sucli co ntinued ILfe is not dangerous to life.
G . After inspection by the Department of Safety Services , no cond ition wa s
found on th e property or appurtenant structures in violation of Section I . I03(b) • of the
1988 Uniform Fire Code, except the following :
I) Exiting from the woodworking shop.
2) An approved water supply and fire hydrants capable of supplying the required fire
flow is not located within 150 feet of all portions of the yard .
The City understands that the deficiency in water to the site represents no change
from the current status of fire fighting capability and will require water connections only in
conformance with Section D of this Agreement
With respect to the Englewood Municipal Code, no other unusual condition was
found to e,tist which would constitute a need for the discontinuance of any portion of th e
existing facility, subject to approval by the Office of the State Inspection of Oils for
continued use of above-ground gasoline and fuel dispensing tanks .
H . This Agreement shall be recorded with the Oerk and Recorder in Arapah oe
County , Colorado, shall run with the land, and shall be binding upon and inure to the
benefit of the heirs , successors and assigns of the parties hereto . References in this
Agreement to Annexor or Home Lumber & Supply Company include their successor and
assigns. Annexoc shall notify City of assignments and the names of assignees .
I . Nothing contained in this Agreement shall constitute or be interpn:1;:d JS a
repeal of existing codes or ordinances or as a waiver or abnegation of City's legislativ e,
governmental, or police powers to promote and protect the health, safety or general welfare
of the municipality oc its inhabitants; nor shall this Agreement prohibit the enactment by
City of any fee which is of uniform oc general application .
J . II is understood and agreed by the parties hereto th at if any part , tern,, or
provision of thi s l,grcement is by the Court held to be ill ega l or in co nflict with any law of
the Staie of Colorado, the vali di ty of the remaining portions or provision s shall not be
affec ted, and the right s and ob li ga ti ons of the parties shall be co nstrued and enforced as if
the agreement did not co ntain the parti cular part, tenn or provi sion held 10 be inv alid .
· Sectio n U 03(b) Exi sti ng Condit ions . The provisions of thi s Cod e shall apply to
existing cond itions as well as conditions arising atter the adoption thereof , exc e pt th at
con dit ions legal in ex is tence at th e adoption of thi s code and not in stri ct co mplian ce
th e rewith shall be permitted to continue only if ... th ey do not co nsti tut e a dis tinct
haza rd to life or property .
K . This instrument embodies the whole agreement of the parties . There nre no
promises, term s, co ndition s or obligations other than those contained herein; and thi s
Agreement shall supersede nil previou s communications, representations or agreements,
either verbal or wriuen , between the parties hereto . There shall be no modification of thi s
Agreement except in writing , executed with the same formalities as this instrument
Subject to the condition precede nt herein, this Agreement may be enforced in any court of
competent jurisdi ction .
L. Thi s agreement shall terminate and expire Eighteen (18) years from tl1 e dat e
of execution hereof. Thereafter , so long as the property is located within the municipal
bou ndaries of the City, the then existing non -con forming use may continue to be operated
an d maintained, subject to the Charter, ordinances, rules and regulations of the City .
Termination of this agreement shall not affect the wning of the property existing al the tim e
of termina tion.
IN WITNESS WHEREOF, the parties hereto have caused their duly authorized
officials to pl ace their hands and seals upon this Agreement this __ day of
____ ,1991.
HOME LUMBER COMPANY
By :
ATTEST:
CITY OF ENGLEWOOD
By:,--,3"'6=~~~!:...::::..-=:~o::<,.,-
ATTEST:
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'Giucrishia A. Elli s, Deputy City Clerk