HomeMy WebLinkAbout2015 Resolution No. 088RESOLUTION NO. ?ff
SERIES OF 2015
A RESOLUTION APPROVING THE ACCEPTANCE OF A SECTION OF AN ALLEY
ADJACENT TO 3220 SOUTH OGDEN STREET BY THE CTIY OF ENGLEWOOD.
WHEREAS, the property records at the Arapahoe County Assessors Office, shows a portion of
alley directly behind 3220 South Ogden Street as being owned by the current property owner; and
WHEREAS, the owner has expressed a desire to Quit Claim his interest in this portion of the
alley to the City in order to address this discrepancy and to clean up any title issues; and
WHEREAS, the passage of this Resolution authorizes the acceptance of the section of the
alley located in the 3200 block of South Ogden.
NOW, THEREFORE, BE IT RESOLVED BY THE CTIY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado, hereby approves the
acceptance of a Quit Claim Deed for a section of alley located at 3220 South Ogden Street
executed by Carl Edward Palmer, attached hereto as Attachment 1.
Section 2. The Mayor is authorized to accept the Quit Claim Deed for the section of an alley
located in the 3200 block of South Ogden Street for and on behalf of the City of Englewood,
Colorado.
ADOPTED AND APPROVED this 17th day of August, 2015.
ATTEST:
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. _tt, Series of 2015.
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QVIT CLAIM DEED
THIS DEED, made this.;3Q_ day of ;:s:~ , 2015, between CARL
EDWARD PALMER \vhose legal address is 1~ Highv,·ay 101, Unit #21, Depoe Bay,
Oregon 97341-9844 of the County of Lincoln and State of Oregon, grantor, and CITY OF
ENGLEWOOD, COLORADO, a Home Rule Municipality, \•.:hose legal address is 1000
Englewood Parkway, Englewood, Colorado 80110 of the County of Arapahoe and State of
Colorado, grantee.
WITl'i'ESS, that the grantor, for and in consideration of the sum of TEN DOLLARS the
receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed
and QUT CLAL\1ED, and by these presents does rernise, release, sell, convey and QUIT
CLAil\1 unto the grantee, its successors and assigns, forever, all the right, title, interest, claim
and demand which the grantor has in and to the real property, together \vith improvements, if
any, situate, lying and being in the County of Arapahoe and State of Colorado, described as
follows:
All that portion of the reserved alley located in Block 23, EVA...1''1STON
BROADWAY ADDITIOX, adjacent to the south 4.5 feet of Lot 4, and
all of Lots 5, 6, 7, and 8
Also knovm as 3220 South Ogden Street.
Said property contains 1,672 square feet more or less.
As shown on the attached map (Exhibit A).
TO HA VE A.~D TO HOLD the same , together \\ith all and singular the appurtenances and
privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title,
interest and claim whatsoever, of the grantor, either in law or equity, to the benefit and behoof of
the grantee, its heirs and assigns forever.
IN WITl'-ESS WHEREOF, The grantor has executed this deed on the date set forth above.
CARL EDWARD PALMER
{)xJJ.~
STATEOF~', }
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County of LlV\CD }
Carl Edward Palmer
{j)~ e fore_,going instrument was acknowledged before me this day of
.....,__...._-U-----' 20 15, by Carl Edward Palmer.
:\Iy commission expires: W/ DLf[dbl ~
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OFFICIAL SEAL
PATRICIA L EISLER ~ . J NOTARY PUBLIC-OREGON
'· ,/ COMMISSION NO. 465 129
MY CO MMISSION EXPIRES FEB RUAR Y 0-(, 2016
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DATE: June 24, 2015
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DATE : June 25, 2015
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Legal description for the alley behind 3220 South Ogden Street
All that portion of the reserved alley located in Block 23, EVANSTON BROADWAY ADDITION, adjacent to
the south 4.5 feet of Lot 4, and all of lots 5, 6, 7,and 8 (also known as 3220 South Ogden Street).
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
11 Ci Alley Right of Way Adjacent to
August 1 7, 2015 3220 S. Ogden St.
Initiated By: Staff Source:
Public Works De partment Dave Henderson , Deputy Public Works Director
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
No recent previous Council Action.
RECOMMENDED ACTION
Staff recommends that City Council approve a resolution accepting the dedication of a section of an
alley adjacent to 3220 S. Ogden St.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The property owner of 3220 S. Ogden Street, through his real estate agent, approached the City's
Community Development Department with a residential redevelopment proposal. As part of the plan
review and subsequent title work, the owner discovered that the Arapahoe County Assessor's map
indicated he owned the alley adjacent to this property. The owner's deed does not indicate any title
interest to the alley. We believe the Assessor's Map may have carried forward private ownership of the
alley due to a statement on the original subdivision plat from 1892. This note showed the alleys in this
subdivision as "Reserved" and not dedicated to the public.
A ll of the alleys in the "Evanston Broadway Addition" have the "Reserved" note on the plat. Staff believes
the owner in 1892 may have placed this notation on the plat to protect his interest in the alley land in case
alleys were not constructed as part of the residential development. All of the alleys were eventually
constructed and are used as such. The City has maintained these alleys, garages have been constructed,
and utilities were installed. Regardless of the note on the plat, the Public has a prescriptive easement for
the use of these alleys.
The property owner has agreed to provide the City with a quit claim deed for any interest he may have in
the alley land (signed copy attached). This will clear up his title issue before transferring the property to the
developer and, when recorded, the County will revise their maps to show this section of the alley as Public
Property (see attached copy of the County Map). Note that another section of alley in this block, adjacent
to 3210, is also shown as a private ownership. Staff has contacted the owner of th is property and provided
them a quit claim deed to sign. If the owner executes the document, staff will present this to Council at a
future meeting.
FINANCIAL IMPACT
No financial impact is associated with this action.
LIST OF ATTACHMENTS
County Assessor Map
Resolution and Easement Documents
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1'4.. DATE: August 5, 2015