HomeMy WebLinkAbout2015 Resolution No. 093•
•
•
RESOLUTION NO . .!}..3_
SERIES OF 2015
A RESOLUTION APPROVING THE ACCEPTANCE OF A SECTION OF AN ALLEY
ADJACENT TO 3210 SOUTH OGDEN STREET BY THE CITY OF ENGLEWOOD.
WHEREAS, the property records at the Arapahoe County Assessors Office show a portion of
alley directly behind 3210 South Ogden Street as being owned by the current property owners;
and
WHEREAS, the owners have expressed a desire to Quit Claim their 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 CITY 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 3210 South Ogden Street
executed by Melissa and Eric Boyle, 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 5th day of October, 2015.
I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the
above is a true copy of Resolution No. -=r.3_, Series of 2 15 .
•
•
•
. QUIT CLAIM DEED
THIS DEED, made tbisoLJ[ day of ~JI± , 2015, between
MELISSA BOYLE and ERIC BOYLE, Joint ~an~hose legal address is 3210 South
Ogden Street, Englewood, Colorado 80113 of the County of Arapahoe and State of
Colorado, grantors, and CITY OF ENGLEWOOD, COLORADO, a Home Rule
Municipality, whose legal address is 1000 Englewood Parkway, Englewood, Colorado
80110 of the County of Arapahoe and State of Colorado, grantee.
WITNESS, that the grantors, 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 QUIT CLAIMED, and by these presents does remise, release, sell, convey
and QUIT CLAIM unto the grantee, its successors and assigns, forever, all the right, title,
interest, claim and demand which the grantors have in and to the real property, together
with 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,
EVANSTON BROADWAY ADDITION, adjacent to Lot 3, and
the north 20.5 feet of Lot 4
Also known as 3210 South Ogden Street.
Said property contains 728 square feet more or less.
As shown on the attached map (Exhibit A).
TO HA VE AND TO HOLD the same , together with 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 grantors, either in law
or equity, to the benefit and behoof of the grantee, its heirs and assigns forever .
1
A
T
T
A
C
H
M
E
N
T
1
IN WITNESS WHEREOF, The grantors have executed this deed on tb,e date set
forth above.
MELISSA BOYLE
~
STATE OF COLORADO, }
D.e"'~ } ss.
County of . .\r~ahtre }
. __,
The foregoing instrument was acknowledged before me this ~ day of /2r-4.Jr , 2015, by Melissa Boyle.
My commission expires: '8' /1 'b / ff
MATTHEW JARAMILLO
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19994024348
MY COMMISSION EXPIRES AUGUST 30, 2019
STATE OF COLORADO, }
} ss.
County of Arapahoe }
Witness my hand and official seal.
/j_~;//4 otaryPubHc .
ERICBOYLB-
Eric Boyle
,Xhe fo~e$0ing instrument was acknowledged before me thisc:2M_ day of c;/J)t/~L , 2015, by Eric Boyle.
My commission expires:
NANCY G. FENTON
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID# 200740301180
MY COMMISSION EXPIRES AUGUST 10, 20111
Witness my hand and official seal.
2
•
•
•
•
------
~-----
------
i-------
r-------
•
Exhibit A
I
I 1.___li....-______ __. '--------------
EASTMAN AVE.
16'
_________ __,Mi--____ ;----------,
US' I US'
I
~-------------~-1 ___________ _ .,,
~ ~ LOT3 ~
~---3-M-~--------~---------
• i LOT4~ i
.---------T-----I 1---------------,
4.s· I
---------------' ~-~------------I
I o I "!--------------,
~ I
---------------' I
I
I
~------------BI o c k-2 3-------------
Eva n sto n Brdad.way Addition
I
~
VI
< z
0 a:
0 u
AN
•
,._. _______ _
r---------
SCALE: 1 Inch = SO feet
DATE : June 25, 2015
•
•
•
Legal description for the alley behind 3210 South Ogden Street
All that portion of the reserved alley located in Block 23, EVANSTON BROADWAY ADDITION, adjacent to
Lot 3 and the north 20.5 feet of Lot 4 (also known as 3210 South Ogden Street) .
•
•
•
COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
October 5, 2015 11cii Alley Right-of-Way Adjacent
to 3210 S. Ogden St.
Initiated By: Staff Source:
Public Works Department Dave Henderson, Deputy Public Works
Director
PREVIOUS COUNCIL ACTION
On August 17, 2015, Council approved Resolution No. 88, Series of 2015 accepting a quit claim
deed for alley right-of-way adjacent to the neighboring property at 3220 S. Ogden St.
RECOMMENDED ACTION
Staff recommends that City Council approve a resolution accepting the dedication of a section
of an alley adjacent to 321 OS. Ogden St.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Arapahoe County Assessor's map indicates that the section of alley adjacent to 321 0 S.
Ogden is privately owned and attached to 321 OS. Ogden St. 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.
All 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 owners have agreed to provide the City with a quit claim deed for any interest they
may have in the alley land (signed copy attached). 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).
FINANCIAL IMPACT
No financial impact is associated with this action.
LIST OF ATTACHMENTS
County Assessor Map
Resolution and Easement Documents