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HomeMy WebLinkAbout1980 Resolution No. 019a..: • • • RESOLUTION NO. 19 SERIES OP 1980 7 f (-.) A RBSOLUTIC. AUTBORIZING THE PURCHASE OR CONDEMNATION OF A FEE SIMPLB IR'l'BDS'l' Itf CBR'l'AIH LAND LOCATED WITHIN THE CITY OF ENGLBllOOD, ARAPABOB COUNTY, COLORADO, TO PROVIDE .ADDITIONAL SIDBYARD SB'l'BACU Itf CONJUNCTION WITH THE CONSTRUCTION OF A WATBR S'l'ORAGB FACILITY. WllBRBAS, the City of Englewood has, for the past several yeara, iJopl ... nted a program of major improvements to the City's water •Y•tem pursuant to the recommendations of the consulting engineering firm of Camp Dresser' McKee, Inc.; and WllBIUlAS, one auch major public improvement requires the construction of a 200,000 gallon elevated water reservoir tank located in the aoutheast section of the City of Englewood; and WBBRBAS, aaid elevated water tower and tank has been con•tructed in an R-3 zoned district of the City; and WBBRBAS, said water tower and tank, as constructed, exceeds the hei9ht lillitation of said R-3 district contained in Section 22.4-6(.4)(k) of the City's Comprehensive Zoning Ordinance; and MBBRBAS, Section 22.5-7(3) of the Comprehensaive Zoning Ordinance,entitled 'Height Bxceptions', provides that water towers and tanka, AllOng other structures, may exceed the height limitation if the atructurea are set back one (.1) foot from all lot lines for each additional foot in height; and 1111BRBAS, the Council find& that in order to comply with the proviaiona of 22.5-7(3) the acquisition of additional real property would be required. llOW, 'l'llBRBPORB, BB IT RESOLVED BY TBB CITY COUNCIL OF THE CITY OP mGLBWOOD, COLORADO, as follows: Section 1. That the Council hereby designates the following parcel of land aituate in the City of Bnglewood, County of Arapahoe, State of Colorado, aa needed for public use and legally described aa: • I CO rncin9 at the Southeaat corner of Lot 21, Block 3, Brookrid9e Heights, thence North 60°59 1 00• West along the &outhveaterly boundary line of said Block 3 a diatance of 148.0 feet to the True Point of Beginning; thence south 29•01•00• West a diatance of 180.0 feet; thence South 60•59•00• Bast a diatance of 263.61 feet to a point on the Westerly line of that parcel of land deacribed in Book 1268 at Page 479, in the Arapahoe •• • • • • County Recorder"a Offi-ce7 thence South 03°41 '·4Q' East along aaid Weatarly line 33,90 feet7 thence North 60•59•00• .. at 2S7.84 f .. t, tftence North 29°01'00• Ba•t 201.52 f .. t to a potnt on the Southwesterly boundary of Block 31 thence South 60°59~00• East a diatance of 15.92 f .. t to tlle True PoJ.nt of Beqinning, City of Enqlewood, County of Arapahoe,· State of Colorado, said tract of land contatntnq .255 acres more or less. Section 2. That City Council hereby authorizes the City Manaqer or hi• deaignee to conduct for and on behalf of the City of Bn9lewood negotiation• for the acquiaition of said real property, includin9 •uch effort• to acquire the same as may be required by law to be .. de prior to the institution of eminent domain pro- ceeding•. Section 3. That in the event that said neqotiations to acquire aaid property by purchaae ahall fail, then the City Attorney is hereby authorized and directed to commence an action in eminent dOllain to condemn the above described parcel of real property and to petition the court for immediate possession thereof. Section 4. That the Director of Finance ax officio City Clerk- Trea•urer i• hereby authorised and directed to appropriate, set aaide and hold for all neceaaary judgments and awards sufficient amaa to be paid •• juat C()llpenaation to the owner or owners of the property to be taken, aa required by law. ADOPTED AND APPROVED this 19th day of May, 1980. ,lf;~L_~ l(ayor Atteat1 I, Gary a. Bigbee, ex officio City Clerk-Treasurer of the City of Bn9lewood, Colorado, hereby certify that the above and fore9oin9 i• a true, accurate and complete copy of Resolution Ho. l! , Seri•• of 1980. '01~1~ -2-