HomeMy WebLinkAbout2011 Ordinance No. 035ORDINANCE NO.~
SERIES OF 2011
BY AUTHORITY
COUNCIL BILL NO. 38
INTRODUCED BY COUNCIL
MEMBER WJLSON
AN ORDINANCE ACCEPTING TWO EASEMENTS FROM BANK OF THE WEST FOR THE
CITY TO INST ALL TRAFFIC SIGNAL EQUIPMENT IN THE LOCATION OF BROADWAY
AND QUINCY.
WHEREAS, the existing traffic signal at the Broadway/Quincy intersection is obsolete with
substandard poles and mast arm structures, and small 8 inch signal indications; and
WHEREAS, this is one of two traffic signals on the Broadway corridor that have not yet been
upgraded with the other old signal located at Mansfield intersection; and
WHEREAS, the Public Works Department has budgeted in the Public Improvement Fund
(PIF) funds to upgrade the Quincy/Broadway signal; and
WHEREAS , public Right-of-Way along with existing utility conflicts, creates the necessity to
acquire easement from Bank of the West on the SW comer of the intersection; and
WHEREAS, the passage of this Ordinance authorizes the acceptance a permanent easement
and a temporary construction easement from Bank of the West to the City which will provide for
the installation of traffic signal equipment on Broadway and Quincy;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT :
Section 1. The City Council of the City of Englewood hereby authorizes the acceptance of a
Grant of Easement, attached hereto as Attachment 1, and a Temporary Construction Easement,
attached hereto as Attachment 2, from Bank of the West to the City for the installation of traffic
signal equipment located on the SW comer of Quincy and Broadway for and on behalf of the City of
Englewood, Colorado .
Introduced, read in full, and passed on first reading on the 18th day of July, 2011.
Published by Title as a Bill for an Ordinance in the City 's official newspaper on the 22nd day of
July, 2011.
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Published as a Bill for an Ordinance on the City's official website beginning on the 20th day of
July, 2011 for thirty (30) days.
Read by title and passed on final reading on the 1st day of August, 2011.
Published by title in the City's official newspaper as Ordinance No.55, Series of 2011, on
the 5th day of August, 2011.
Published by title on the City's official website beginning on the 3rd day of
August, 2011 for thirty (30) days.
James K. Woodward, Mayor
I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is7Jµ,ie copy of the Ordinance passed on final reading and published by
title as Ordinance No. _::b_, Series of 2011.
GRANT OF EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that BANK OF THE WEST Owners of 4301
South Broadway, Englewood, Colorado 80110, County of Arapahoe through merger with
Commercial Federal Bank. See Exhibit A, for and in consideration of Ten Dollars ($10.00) and
other good and valuable consideration, does hereby grant and convey to the CITY OF
ENGLEWOOD, a municipal corporation duly organized and existing under and by virtue of the
constitution of the State of Colorado, an easement and right-of-way for traffic control purposes
upon, across, in, through and under the following described real property situate in the City of
Englewood, County of Arapahoe, State of Colorado, to wit:
A rectangle of land consisting of 30 square feet, more or less and
shown on the attached E;iwibit B attached hereto and incorporated herein.
reserving, however, to the undersigned, its successors and assigns , the right to utilize and enjoy
the above-described premises providing the same shall not interfere with the construction,
maintenance, repair, inspection and operation of said traffic control device and providing further
that the grantor shall not cause substantial improvements to encroach upon the above-described
right-of-way, and the City shall not be liable for removal thereof if so placed.
SIGNED AND DELIVERED this __ day of _____ , 2011.
STATE OF
COUNTY OF
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By:-----------
The foregoing instrument was acknowledged before me this __ day of
_______ , 2011, by ________ _
as of Bank of the West. ---------------
My Commission expires:
Notary Public
Address:
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STATE OF CALIFORNIA
DEPARTMENT OF FINANCIAL INSTITUTIONS
CERTIFICATE OF MERGER
Pursuant to Financial Code Section 4891, I, BRIAN YUEN, Acting Commissioner
of Financial Institutions of the State of California, do hereby certify that Commercial
Federal Bank (the disappearing depository corporation) merged into Bank of the Wesl
(the surviving depository corporation) pursuant to the Agreement of Merger dated as of
November 23, 2005, and that, under Financial Code Section 4887(b), the merger
became effective at 3:02 p.m., Pacific Standard Time, December 2, 2005.
Given under my hand and official seal on this 2nd day of December, 2005, in
Sacramento, California.
BRIAN YUEN
. Acting Commissioner of Financial Institutions
By · /L..:d-~-/~
' KENNETH SAYRE-PETERSON
Assistant General Counsel
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EXHIBIT
I\JO. 2009-1458A
PAGE 1 OF 1
PERMANENT EASEMENT
LOCATED IN NORTHW[ST 1 / 4 SECTION 10,
TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH P.M.
CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO
SCALE 1" = 30'
i,;..,-..... ' 0 15 30
QUINCY AVENUE
3.00'
7 I. -NOR'.H LINE .LOT 48 ~
POINT OF BEGINNING
~NORTHEAST CORNER
/ LOT 48
LOT 1 I LOT 48
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LOT 2 <C LOT 47
~ ,_
LOT 46
1-
LOT 45
DESCRIPTION OF PERMANENT EASEMENT
A PORTION OF LOT 48, BLOCK 1,
WOLLENWEBER'S BROADWAY HEIGHTS, SECOND ADDITION,
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 48,
THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 48,
A DISTANCE OF 10.00 FEET;.
THENCE WEST AND PARALLEL WITH THE NORTH LINE OF SAID LOT 48,
A DISTANCE OF 3.00 FEET; . .
THENCE NORTH AND PARALLEL WITH THE EAST LINE OF SAID LOT 48,
A. DISTANCE OF 10.00 FEET TO A POINT ON THE NORTH LINE
~ SAID LOT 48;
THENCE EAST ALONG THE NORTH LINE OF SAID LOT 48,
A DISTANCE OF 3.00 FEET TO THE POINT OF BEGINNING,
CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO
CON TAININ G 30.0 SQUAR E FEET
~ % ' 10.00'
3.00'
~ 10.00
~-PERMANENT EASEMENT
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NOTE:
THIS IS NOT A
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MONUMENTED BOUNDARY SURVEY
COLORADO ENGINEERING & SURVEYING, INC.
\.~0 ':?c9 %: -By _____ _,,~~-~,:'¥&,~~
Date_M_A_Y_5~, _20_1_1 __ #_tir_·m~rin_11,1_1,_·· __ _
---.. ~ .. ,rrn!hl (' ], C:IIR\trYINr, IN C., 3470 SO , SHERMA N ST. f/2, ENGLEWOOD, COLORADO 80113 (303)-761-8055
TEMPORARY CONSTRUCTION EASEMENT
THIS AGREEMENT is made by and between the City of Englewood, Colorado, (hereinafter
referred to as "the City") and BANK OF THE WEST, Owners of 4301 South Broadway,
Englewood. r::olorado 80110 through merger with Connnercial Federal Bank dated December
2nd
, 2005.
WHEREAS, the City and Bank of the West have entered into an agreement necessitated by the
City's construction of a traffic control equipment. For the consideration of Ten Dollars ($10.00),
the Grantor will allow the use of the property described below for construction of said traffic
control equipment; and
WHEREAS, the Temporary Construction Easement shall be for the real property located in
the County of Arapahoe, State of Colorado as shown on the attached map attached hereto as
Exhibit A and incorporated herein.
NOW, THEREFORE, it is agreed between the City and Bank of the West as follows:
1. Bank of the West hereby grants to the City and its representative contractor a
temporary construction easement upon the property defined above solely for the
construction of traffic control signal box as described in the attached map.
2. The City agrees to restore and repair any improvements upon the Grantors property
which may be damaged by the City or its representatives during such construction.
This agreement shall terminate upon completion of the construction upon the Property by the
City, or, by mutual agreement, at an earlier date.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the __ _
day of ________ ~ 20
STATE OF
COUNTY OF
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GRANTOR:
By ___________ _
The foregoing instrument was acknowledged before me this __ day of
________ , 20_, by ______________ as _______ _
of Bank of the West.
Notary Public
My Commission expires: ____ _
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E'XHIBIT
TEMPORARY CONSTRUCTION EASEMENT
LOCATED IN NORTHWEST 1 / 4 SECTION 10,
TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH P.M.
NO. 2009-14588
PAGE 1 OF 1
CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO
SCALE 1" = 30'
~ ' 0 15 30
QUINCY AVENUE
• _. ~R~~~O~~
10.00'
0
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7 -
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TEMPORARY CONSTRUCTION EASEMENT____...-·.-:i,?," ·• 10.oo' I
LOT 1 I LOT 48 POINT OF BEGINNING ______/I 1-3.00'
--·--•--·--·--·--·
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LOT 2 <l'. • LOT 47
LOT 46
1--·-
LOT 45
·--·--·--·
DESCRIPTION OF TEMPORARY CONSTRUC1lON EASEMENT .
A PORTION OF LOT 48, BLOCK 1,
WOLLENWEBER'S BROADWAY HEIGHTS, SECOND ADDITION,
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 48;
THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 48,
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NOTE:
THIS IS NOT A
POINT OF COMMENCEMENT
NORTHEAST CORNER
LOT 48
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A DISTANCE OF 10.00 FEET; MONUMENTED BOUNDARY SURVEY
THENCE WEST AND PARALLEL WITH THE NORTH LINE OF SAID LOT 48,
A DISTANCE OF 3.00 FEET TO THE POINT OF BEGINNINNG;
THENCE NORTHWESTERLY A DISTANCE OF 12.21 FEET, MORE OR LE$S,
TO A POINT ON THE NORTH LINE OF SAID LOT 48, SAID POINT BEING
10.00 FEET WEST OF THE NORTHEAST CORNER OF SAID LOT 48;
THENCE EAST ALONG THE NORTH LINE OF SAID LOT 48,
A. D,STANCE OF 7.00 FEET;
.,--!ENCE SOUTH AND PARALLEL WITH THE EAST LINE OF SAID LOT 48,
A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING,
CITY OF ENGLEWOOD, COUNTY OF ARAPAHO E, STATE OF COLORADO
CO NTAINING 35.0 SQUARE FEET
""' ""'"''"" nll"II\I CT Pll\10. ,Q, C::I IR\/FY!NG INC.. 3470 SO. SHERMAN ST. //2, ENGLEWOOD, COLORADO 80113 (303)-761-8055
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
July 18, 2011 9 a ii Ordinance Accepting Two Easements for
Traffic Signal Equipment
Initiated By: Staff Source:
Department of Public Works Dave Henderson, Engineering/Capital Projects
Administrator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Staff discussed the need for these easements at the May 23 rd Study Session, as well as an update at
the July 11 th Study Session.
RECOMMENDED ACTION
Staff recommends Council adopt a bill for an ordinance accepting two easements (one Temporary
Construction Easement and one Permanent Easement) for property occupied by Bank of the West,
located at the SW corner of Quincy and Broadway.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The existing traffic signal at the Broadway/Quincy intersection is obso lete (about 35 years old) with
substandard poles and mast arm structures, and small 8 inch signal indications. This is one of two
traffic signals on the Broadway corridor that has not yet been upgraded; the other is located at the
Mansfield intersection.
Traffic Engineering staff has funds budgeted in the Public Improvement Fund (P IF) to upgrade the
Quincy/Broadway signal later this year. The lack of available public right-of-way, along with existing
utility conflicts, creates the necessity to acquire easements from the bank property at the southwest
corner of the intersection. Two easements are required : one permanent easement located adjacent
to the sidewalk (30 square feet) to set the new pole and traffic signal box, and one temporary
construction easement (35 square feet) located behind the permanent easement to provide room
for installation during construction.
Typ icall y, the City would order an appraisal for property we need to acquire and present an offer for
the appraised va lue . The owner would have the option to order another appraisal (at the City's
cost) for another opinion of va lue. Negotiations would follow and, unless an agreement is reached,
the City would ha ve no recourse but to proceed with the process of eminent domain and
condemnation for the acquisition .
Public Works staff has been in contact with the Bank of the West corporate office in California and
they have agreed to proceed w ith the vo luntary dedication of the easements without the benefit of
appraisals in exchange for a $3,000 payment. The cost of two appraisals together with the fair
market va lu e of the easements would exceed $3,000. Staff believes the settlement is fair and in the
best interest of the City.
FINANCIAL IMPACT
Funds for the purchase of the easements are availab le in the Transportation System Upgrade
account in the PIF .
LIST OF ATTACHMENTS
Aeria l photo of easement locations
Bill for an Ordinance
PRINTED: 201 1-05-18 15:01:16
Proposed Transportation
Easements
AN SCALE: 1 inch = 20 feet
DATE: May 16, 2011
PHOTO DATE: 2008