HomeMy WebLinkAbout1996-07-15 (Regular) Meeting Agenda• •
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REGULAR CITY COUNCIL MS£TING
JULY 15, 1996
OROINANCS t~~' ll, l2, ll, l4, 35
RESOLUTION t 69, 70, 71, 72, 73, 74, 75, 76, 77
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City c-.dl AletlCla
fuly 15, 1996
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b. Approve on Second Reading~
~ .Jt ~u1. ... J .!:_ Council Bill No. 32, regarding the proposed debt issuance for -CJl11""'i ..-Qi9,p.ouements to the City's water system.
1 1. Ordinances, Resolutions, and Motions.
a. Approve on First Reading.
A I..Jk 1_(1 i. Recommendation from the Department of Public Works to adopt a bill for
~ D6' an ordinance approving the sale of the Eagles Property. STAFF SOURCE: !fttl.S-....-o -.:) Cbnd11 E111"7v. DIN••• sf •M• Walllls. ti, (.f::_tAlf ~
b. Approve on Second Reading.
AA 1 jJ._~ i. Council Bill No. 31, approving the vacation of a portion of South
V l()... r I Fox/South Galapago Alley and Dedication of additional alley rig~~ ~ ~; ~heE..,oewoodDepot. ~ ad""~
12. General Discussion. •
a. Mayor's Choice.
b .
The following minutes were transmitted to Council from 06/28/98 • 07/11/98:
• Englewood Housing Authority meeting of May 29. 1998
• Englewood Clean, Green, and Proud Commission meeting of June 1 1, 1998
• Englewood Public Library Board meeting of June 1 1 • 1998
• Englewood Non-Emergency Pension Board meeting of April 9, 1998
Plwl nate: If you have a.._.., wl MIii ...., ................. llllllfy .. Clly.,I ~ aa1de1&MIS)II
.... 41 houri In adwance ol .e-..._ _ ....... 111111k ,-.
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REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
JULY 15, 1996
7:30P.M.
1. Calltoorder. ?~~
2. Invocation. /JJ ~
Pledge of Allegiance. ~ 3.
4. RollCaH.5~ ~
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A proclamation declaring August 6, 1996 n Nallallll Nlght.-llllif"l:lr~:-
9 . Public Hearing . (None scheduled) »" . . .
10. ConsentAgenda.~~/OL/
a. Approve on First Reading. ~ .IIJO/f~
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Rqular Seaioll
J•IY 15, 1996
I. Call to Order
The regular meeting of the Englewood City c.ouncil was called to order by Mayor Bums at 7 :38 p.m.
2 . Jawcatioll
The invocation was given by c.ouncil Member Wiggins.
3 . Pled&e Ill Allqlaace
The Pledge of Allegiance was led by Mayor Bums.
4 . Roll Call
Present :
Absent:
A quorum was present.
Council Members Hathaway, Wiggins, Habenicht. Vonnittag, Burns
Council Members Clapp, Waggoner
Also prescn1 : City Manager Clark
City Attorney Brotzman
S. Miatel
Assistant to the City Manager Grace
City Cleft Ellis
Engineering Manager Kahan
(a) COUNCIL MEM8ER BATRA WAY MOVED, AND IT WAS SECONDED, 10
APPROVE THE MINUTES OF THE llECULAll MEETING OF JULY 1, 1"6.
A)U: Council Melllbcn Hadllway, Vonaiaag. Wigi111, "*8iclll. e.r.
Nays: Nolle
Absent : Council Melllbcn w...,.,, Clapp
Motion canicd.
6 . Sc11Haled Viliton
There wen: no scheduled visitors .
Mayor Bums reminded everyone that non-tehedulcd visitor pracatations aR limited to me milua.
(a) Russell Scott, 4985 South Delaware SUect. said he bu liwd there for thirty )'elll. He
noted he told his children SCYCl'lll years ago. as they wen: IIIIJting to grow up, 11111 you can haw a degn,e,
on top of a clegrcc, on top of a degree, on top of a depee. but if you don't haw .-e ~ hone -
to go with it you haVC11 't got a whole lot . Mr. Scott aatcd he ii not indialtina thal Council does• haw
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July 1!'1, 1996
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common horse sense, but maybe if the shoe fits put it on. He said he is here to say that whatever Council
decides to do will be talked about for years to come, right or wrong. Mr. Scott said he would certainly
hope and he would want the people to have to say good things about him, especially your neighbors that
you live by here.
(b) Peter Kent., 3227 South Cherokee Street., said he wanted to comment on last
Wednesday's meeting and that he is kind of curious about Council's feelings and how the public in
general will hear those feelings. Mr. Kent stated he is veiy disuaught over the comments he has been
reading in the paper from Skip Miller. He said he would hope and encourage Council to put out more
positive publicity from the get-go on this project and make it a more positive experience so that we don't
have so much negative feeling going on in the City right now . Mr. Kent advilcd he Rceivcd a few phone
calls and he that he really wants to know if Council is going to stay in close touch in partiaalar with his
neighborhood to the north as it will impact his neighborhood the moSi in Rita Hathaway's District. He
offered his support and noted that he hopes this thing can go forward in a positive direction so that we are
not fighting each other along the way and maybe keep a leash on Skip Miller for awhile .
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Mayor Burns called forward Robert Ohlson as he was next on the sign-up sheet. Mr. Ohlson. speaking
from the audience, asked the Mayor if he could withhold any comments until after the first reading of the
C-470 project? Mayor Bums said that he could .
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( c) Janet Spangenberg. 3 268 South Downing Street., said that she had a letler she had
wanted to include in Council's packet but she didn't have time. She submitted the letter for the ra:ord.
!Clerk's note : The City Clerk provided Council. the City Manager and City Attorney with a copy of the
letter. I Ms . Spangenberg read from the letter asking that Council please reamsider their vote not to
aa:epe public input past July 30th about the Clarion recommendations for redevelopment of Cinderella
City. She said Council's reaction to the rccommendations are of grealer inleresl to the public than the
rccoauneodations themselves. That Council will 11111 be discussing or voting upon the mauer until August
when public input is prohibited. She said Clarion has done a good job applying real numbers in
discovering what Englewood citi7.CIIS want to sec in the Cindcrdla City site. Ms. Span,cnt,erg noted that
Council can read the resa of the lener.
(d) Anne Street 32S4 South Oranl ~ IUICld thal she had an informal petition
containing 222 names to submit . Ms. Street read the llatemenl from the petition: ~we. tbe undcnipcd.
rcspcafully ask the City Council of Englewood to ru:onsiclcr the prupolCd concq,t of tbe Big Box "Power
User" Center in the redevelopment of the Cinderella City site. We belie\oe a Big Box retail center with a
16-20 screen movie house does not best fit the current or future needs of the Englewood community 111
whole."
(e) Ann Nabholz. 2990 South Delaware Street. stated she would appreciate Council's
careful consideration and long thoughts on what is about to take place with Cindcrdla City. She said that
she feels the past fi\'C months. since the 20• of February, have brought us basically back to where we
were. Ms . Nabholz commented on the July 10th Wednesday night meeting. saying that what she heard
Clarion RlCIOlllmend and what she read in the report were two differau things. She said that may be her
own intcrpn:tation. Ms. Nabholz commented that one of the things she found interating in the Sunday
Rocky Mountain News was called -Ma11 Bearings" and it talked about the new Par1l Meadows . Reading
from the article she quoted them as saying that -ma11 construction is put art and put ICiencc . l.oaing or
disaricting is a logical clustering of tenants i1110 area that crate intrigue for their sboppen . Until
"""dy mall developers tended to sprinkle similar stores. children's clothing shop& for imtance.
throughout a mall in hopes of pulling shoppers through the center pas1 ocher •ores that might inspire
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impulse buying. Today however consumers have less time and tend to destination shop. Today's
consumers are cynical shoppers. Today I am shopping for me, tomorrow I am shopping for the family.
Clustering and efficiency is what people respond to. Indeed today shoppers typically shop fewer than
three stores when they visit a mall . That is down to seven from a few years ago. Store layout can mean
the difference between success and failure for a mall. Developers need to make tenants sua:icssful,
because that's the real up side for all of us. The purpose of large stores is to bring depth, lots of selection
into one category. Also, there are many big boxes that are competition or a distraction to mall shopping.
This is a counter defense. We want our customers to feel they do serious shopping at the mall not just
boutique shopping." Ms. Nabholz said that she would encourage us to look at this as everyone in her
District I will be impacted by this. She commented that we need to carefully look at what we put there,
make it very diverse, make it something that we can all be proud of for Englewood.
(f) Rosemary LaPorta. 3418-3422 South Broadway, advised that she is the owner of
LaPorta An Gallery and also owns the building there. She noted that in March ol 1996 she sent a letter to
Mayor Burns, which she understood all of Council rca:ived a copy or. regarding the Cinderella City
redevelopment. She said she made ccnain points which she would like to reiterate. Ms . LaPorta
commented that she knows Council is very much aware of them. but that she feels it is very important that
we dwell on them a bit . She stated that we have a unique opponunity with Cinderella City
redcvclopmcnt. that it is tbc only large parocl of land. SO acres. close to the Denver area center. It is a
convenient location. she pointed out. easy to get into and out of, with high visibility and high traffic and
Broadway and Santa Fe a,e easy moving corridors compared to other choices in the Denver area. Ms .
LaPorta pointed out that thanks to the clforts ol Mayor Bums and the rest of Council we have light rail
coming to the City, which she said she thinks is a tremendous boon. She stated that according to the
Clarion study. as she understands it. the Englewood citizens who attended the meetings indicated interest
in the following for Cindcrdla City ralcvdopmcnt : 92"'• were excited about light rail, 67% want a hoccl,
SIW. want a performing adtural or fine arts center. 3119;. want a movie theater complex, 13,.,. want a
multi-level puking PJ'IIIC. 13% a,e interested in an outdoor amphitheater, 21 % m: interested in an ice
arena. approximalcly 71 % m: inten:sted in a gcncral mcn:handise store like K-Mart. Target or Wal-Mart.
She stated thal in lighl of the public input received during the four public forums, and the preliminary
martd analysis coalainod in this rq,on. Clarion recommended that they be charged to pursue
negotiations OD the following topics only during the phase two part of the project. they hfte a,mplded
phase one. while Millcr/Kitcbdl drafts its· proposed PUD for the site and the results that these be
incorporalcd into the PUD. Therefore. she said. what Clarion is recommending. as she understands it. is
that Miller/Kitchell go ahead with his plan and then wc go into phase two, which would then get into
liOlllC or the things that she almidy mentioned that the people m: interested in. She asked why Clarion
did the study if they endorse the Millcr/Kitcbcll proposal and want to do what Miller/Kitchell wants to do?
She said she would like Council 10 answer that. Ms. l...aPol1a stated that mosl of the citizens a,e intcrated
in all of the things she mentioned except none of them have really indicated a big interest in the big box.
Clarion. she noted. recommends for phase two of the study. which is to take place in the future, to clarify
parking and other land use requirements to determine how much space is available for other UICI on the
site. She said she thinks if wc arc going to consider parking this is something that should be considered
before Miller/Kitchell starts his proposal and incorporate significant civic amenities and design changes
into the site plan. She advised that months ago. in her letter and also a letter writlell by George Allen,
there were proposals that wc change the area between Broadway and Cinderella City to incorporate all
retail . moving City Hall somewhere else. She said she thinks this is still a good proposal , that wc need to
change that entire street and make it so that people: m: not ziguging cvcrywhcrc wondering where they
m: going between Phar Mor and City Hall . She stated that whole area has got to be SlnlctuRld. and ii is
obtainable. so that we can combine Cinderella City 10 Broadway. She said that is one of the things that
she feels is urgent and she docsn ·1 think that Miller/Kitchell is considering this proposal. She reiterated
that she thinks it is very imponant for all of us to consider this. She commented thal she docsn 't ~
how wc arc going to unite the whole thing. that she dido ·1 sec it structun:d at the meeting when she went
to the study last "'CCk either. She said that perhaps again ii is her misunderstanding and perhaps she docs
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not sec the whole picture. She Slated she would like that clarified. Ms. LaPoru said they uc iatcrellcd in
c:valualing possible locations for boCd and land requirements. She stated that all these tbinp for a ..ati-
family ra:idenlial as well as a hold. she thinks is very, very important. She poiatcd OUI dlll we llave beat
talking abolil these for fifteeD )'C&f'S in the City of Englewood. it is not something dial is -. SIie aated
dial many of the Council members know that. She said it has been proposed where a hold should ID, thal
Ibis bas beaa bappcning, ,ioing on for a long time. She stated that Clarion said thal a n:lail .,ns facility
migbl be rcoommendcd for t1iaurc amenities and a performing ans center is not rcoomW'lldcd • aU
bccallle iu IIOl a break evea proposition . SIie asked about the golf a>W'SC and rccrealion a:ata. if diey
were break evea propositions? She asked how we gd things going in the City if we rdy lllldy on a break
even litualion? She llalCd thal she does not know how wc can look to the future and thi• oaly of
bringing projecls into this area thal uc break even propositions. Ms. LaPona DOied dial oae lllillg 511c is
vay intcratcd in is re&aining the Foley's building. She said she mentioned thal in bCF Idler in M&ldl aad
sbe wailed for ...-ie to mention something about that gorgeous building last wcc:k when slle llllalded
the 5IUdy session and she heard nothing from City Council on that She reitenled that it bas a value of
$8.8 million to the City, to the citi7.CRS of Englewood al the present time. She said thal she undcnlands
from an architect who has the floor plans for that building. that it would cost approximaldy SI .5 million
to renovate that building to make it funaional , whatever your choice might be. Ms . LaPorta stated thal it
already bas amenities in it that are absolutely marvelous: kilchens, wonderful space as far as holding
meetings. She said the Library could be housed there and we could still have somewhat of a performing
arts building there. She commented that she is sun: there are a lot of people who -.Id fund the project
of this size and we can utiliu something that is already an asset lo the City so why destroy it because it is
in the way of a movie theater complex. She suggested the movie theater complex be moved to another
area .
Mayor Bums advised Ms. LaPorta that her time was up.
Ms. LaPorla said she had one more point. She noted that the Lions Club, sometime ago, said that they
were interested in a facility for their conventions. She stated lhat she heard that mentioned in March al
the meeting here for City Council. Ms. LaPorta commented that Council has done a great deal of wen on
this and that she is certainly not adding anything negative to what they have already done. But. she said,
she thinks wc beller look at the future and look at the opportunity we have lo really make Ibis a special
place.
(g) Gil Eggleston. 3911 South Sherman, stated he has lived there for a little over 50 years,
that he has been in Englewood since 1925 . He said he would like to back Ms . LaPorta's plan 100%. He
stated it looks to him like wc are throwing away a lot of money in Englewood by tearing down Cindcldla
City and making tilings out of it that docsn 't help the cili7.CRS of Englewood. He reiterated that he -id
like to back this up 100-/o.
8 . Communications, Procl-atioa1 ud Appoiatantl
(a) A proclamation proclaiming August 6, 1996 as National Night Out was considered .
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION DECLARING TUESDAY, AUGUST 6, 19'6 IN 1111: CITY OF
ENGLEWOOD AS NATIONAL NIGHT OUT.
Ayes : Council Members Hatmway , Vorminag. Wiggins, Habenicbt, Bums
Nays: None
Absent : Council Members Waggoner. Clapp
Motion carried .
Mayor Bums presented 1he proclamation to Crime Prevention Off'lcer Nancy Peterson .
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Mayor Burns commented that Ms. Peterson is son of the champion of the City's Neighborhood Watch
Program. On behalf of Council, he encouraged C\'CfYOIIC to participate in the National Night Out. he said
Ibis was done very well last year and thanked Ms. Peterson for her tremendous work in this area.
9 . Public Heariac
No public hearing was scheduled before Council.
COUNCIL MEMBER HA ntAWA Y REMOVED AGENDA ITEM 10 (a) (i) -FROM THE
CONSENT AGENDA.
Robert Ohlson, I 7S4 West County Line Road, Littleton, said that the easements and construction
activities, of what will now be called McLellan Boulevard. cross Englewood's property from C-470 to
County Line Road . He stated that his only illlercst in the matter is that even though he has not supported
the construction of this highway. since it ruins his selfish private life out there, he realizes it will happen
in order to reduce a tremendous traffic burden in getting in and out of the western portion of Highlands
Ranch. Dr. Ohlson Slated he believes that the plans they have made are long-standing. well taken and
they have gone through many of the necessary hurdles that one must do to develop a roadway al this time.
He said that the only specific item that he has to discuss is that a point of entrance of the Highlands Ranch
Boulevard happens to also correspond with his exit and entrance from his home and his two neighbors
homes. He advised that they have discussed, and he thinks they will continue to discuss, the documents
that are being prepared. He said as a general thing. his only problem in his meeting with the City of
Englewood is that they do not ask him 10 give up the 1965 easement that he has going to and from his
home in its entirety, but discuss some son of negociated aaiuisition of approximately 6,000 lqllUC feet
where the intersection. between McLellan Boulevard, Highlands Ranch Boulevard and County Line Road
meet. Other than that he said he thinks tha& the planning that oould be done in this interim period. by the
City of Englewood to provide a future plan for the City's ground south of the reseM>ir and -divided by
this Highlands Ranch Boulevard. would be very appropriately made al this time. So that. he said, roads
would access not only the City's ground, but his ground and his neighbors ground, and the portion of
ground that's north of C-470 which belongs to Highlands Ranch. He commented that he thi'*s that
would make a much better O\'Crall plaMing for C\'CfYOIIC in their access. rather than leaving ii more or
less negotiable as to where cenain roads will be or can be. Dr. Ohlson advised that his poinl -is to
ooatinue his discussions with Englewood's City Attorney. Mr. Fonda and the Metropolitan Dillricu from
Highlands Ranch.
Council Member Vormillag asked Dr. Ohlson lo point out his property on the map which Council bad in
their packet. Dr. Ohlson approached Mr. Vormiltag and identified his property. Dr. Ohl-. ialeralcd
that his QOIICCm is that he does not wane 10 give up his original easement excq,t dilaaing a liltlc parcel,
which he identified for Council Member Vormiltag. He said the sccood thing is that he does need access
and the City of Englewood has provided the description of access lo his property with the caveat that they
can IIIO\'C where ever they want lo. which is kind of hard for his development.
Council Member Vormittag. directing his comment 10 City Allorney Broczman. said he -that our
attorneys and Stu Fonda will look at that and sec where the problem is. City Attorney Brotzman Slated
that actually he will. and he asked that Council look on the easement section on the colored map pqc that
they received . He explained that the District gave these lo the City of Englewood and ~ has beea -
problem with the District lalking with Dr. Ohlson. He said the propoul is the finl and SCCIOlld tilled
easements in the Council packets. The City will give an easement to Dr. Ohlson and Dr. Ohlson will give
the City an easement . II is the yellow and the pink on the maps in the Council packets . Mr. Brotzman
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advised there is some dispute about that right now and there was also an issue on consideration of how
much the easements should be worth and that is really the District's issue . He noled if there is a matter of
consideration on the easements or if there is a taking on this property that is &Olely the District's
responsibility and they need to pay for that. He explained tbal whal we are doing is swapping two
casements right now and it is not a problem. If something 11JCS beyond tbal. if IOllledling changes, be
said that that is something that the District is going to ~ to wort out wilb Dr. Oblsoa. City Attorney
Brotzman pointed out that, right now in the ordilllllOC bdoR Council, tbere is• simultaneous uansfer of
easements in the future so that allows Dr. Ohlson and the Dislrict to wort tbal problem out. So, be
pointed out, Council can pass the ordinance as it is and they can eitber wort out the easement and
negotiate it, or during the timing of the consuuction scbedulc there nmy actullly be a ooadrrnnatioa
action by the District on this piece of property . Mr. Brotzman advised tbal. in this case, Englewood is
trying to be aa:ommodating by giving up property for other property and we doll 't want to go too far
beyond that.
Mayor Burns asked the City Attorney if passage of this tonight would place the City of Englewood in any
position of jeopardy or obligate the City to pay for any of these properties. City Attorney Brotzman said it
would not.
Council Member Hathaway said we are basically still in the proposal stage as to what swaps for what
anyway . City Attorney Brotzman stated that is right, that right now we~ a proposal to swap property
if that actually dramatically changes we can simply do an update or a republication to get that taken can:
of in the interim period on this ordinance.
COUNCD. MEMBER BA THAW A Y MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEM IO (a) (i) ON FIRST READING.
(a) Approve on First Reading
(i) COUNCIL Bill. NO. 36, IN'lllODUCED BY COUNCIL MEMBER
HA1HAWAY
A BllJ.. FOR AN ORDINANCE AlfllK>IUZING IJlflllOOVERNMENT AL AGREEMENl'S
BETWEEN 1lffi ST ATE OF COLORADO DEPARTMENT OF TRANSPORTATION, DOUG.AS
COUNTY, DENVER WATER DEPARTMENT AND H10tn.ANDS RANOf ME'lltOl'OUT AN
DISTIUCTS. DR . OHLSON AND 1lffi CITY OF ENGLEWOOD. COLORADO PERTAINING TO 1lffi
C-470 IJ\flcRCHANGE.
Ayes : Council Membcn Hathaway, Vonuttag. Wigial. HHllt._,c:lit.
Nays : None
Absent: Council Members Waggoner, Clapp
Motion carried.
COUNCIL MEMaER HATHAWAY MOVED, AND IT WAS SEC0NN9, 10 Al'IIIOVE
CONSENT AGENDA ITEM It(') (I) ON SECOND U.ADING.
(b) Approve on Second Reading
(i) ORDINANCE NO. 21. SERIES OF 1996 (COUNCD.. IIIU. NO. 32.
INTRODUCED BY COUNCIL MEMBER HA1HAWAY)
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AN ORDINANCE SUBMITnNG TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF
ENGLEWOOD AT THE NEXT MUNICIPAL ELECTION A BALLOT ISSUE AU1HORIZING THE
ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF ENGLEWOOD FOR THE
PURPOSE OF FINANCING THE CONSTRUCTION OF IMPROVEMENTS TO THE CITY'S WATER
SYSTEM AND THE PURCHASE OF WATER PROCESSING EQUIPMENT INCLUDING ALL
NECESSARY AND APPURTENANT FACILITIES.
Vote raults:
Ayes :
Nays:
Council Members Hathaway, Vonnittag. Wiggins, Habenicht. Bums
None
Absent: Council Members Waggoner, Clapp
Motion carried.
11 . Onllaanca, Raolutlon1 and Motion,
(a) Approve on First Reading
(i) Engineering Manager Kahm presented a recommendation from the Depanmena
of Public Worts to adopt a bill for an ordinance approving the sale of the Eagles Property at 3314 Soudl
Broadway. He advised that it was purchased by the City in 1994 from the Eagles after their building was
burned down . In this instance. he noted. this council bill approves the sale of that property to Walter and
Marilyn Goltl. He said the property does come with cenain deed restrictions, that the City is requiring
prohibitive uses. Mr. Kahm explained that the prohibitive uses include automolive uses, tattoo businesses,
adult oriented businesses, massage businesses, pawnshops and temporary labor offices. He said they have
also included a reversionary clause in the deed stating that if the property doesn't begin to clevdop within
tbn,e years the City can cause the property to r-1 back to their ownership. He stated that. assuming the
council bill is passed tonight and ICCOlld reading oa:un in two weeks. the property aJllld close as early as
September 6*. Mr. Kahm advised that the sale price oCthe property is $33,000.00 and the terms are cash.
He said the property was apprailed by Dan Stephens, an MAI Appraiser. Aries Compass Group, in 1995
• $30,000. Mr . Kahm Slated that Mr. Slcphens has confirmed thal $33,000 repraeal,s lalOIUlble
appRJCialion since that date and MaMing Real Estate would rcc:eive a brokerage COIIUllission o( 7'Ye,
ICIVillg as a transaction broker in this sale.
The Clelt was asked to read the council bill by title :
COUNCIL BILL NO. 38. INTRODUCED BY COUNCIL MEMBER HATHAWAY
A BILL FOR AN ORDINANCE AU1HORIZING THE SALE OF 3314 SOUTH BROADWAY
PROPERTY TOW ALTER AND MARILYN GOL TI..
COUNCIL MEMHR HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (I) -COUNCIL alLL NO. JI.
Ayes : Council Memben Hathaway. Vormittag. Wigins, Habeaicbl, Burm
Nays : None
Absent : Council Memben Wauone,. Clapp
Motion carried.
(b) Approve on Second Reading
(i) Council Bill No . 31, approving the vacation oC a portion oC South Fox/South
Galapago alley and dedication oC additional alley right4-way for the Englewood Depot was CXllllidaed .
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ORDINANCE NO . 29 . SERIES OF 1996 (COUNCIL BILL NO . 31, INTRODUCED BY COUNCIL
MEMBER HA IBA WAY)
AN ORDINANCE VACA TING A PORTION OF rnE ALLEY IN rnE 3000 BLOCK OF SOt.rrn
GALAPAGO STREET AND rnE DEDICATION OF ADDmONAL ALLEY RJGHT-OF-WA Y,
LOCATED IN 1llE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO .
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (b) (i) -ORDINANCE NO. 29, SERIES OF 1996.
Mayor Bums advised that he woold abslain from voting on this matter because it involves the Housing
Authority 's Depot project. He noted that. as Chairman of the Housing Authority. he routinely abstains on
matters that involve the Housing Authority either directly or indirectly.
Ayes :
Nays:
Absent :
Abstain:
Motion carried.
12 . General DiKUuioll
(a) Mayor's Choice
Council Members Hathaway, Vonnittag, Wiggins, Habenicht
None
Council Members Waggoner. Clapp
Mayor Burns
I . Mayor Burns thanked everyone who participated in the July ,• celebration . He said he thought it
came ofl'very well. and even though he and Council Memben; Vonnittag and Hathaway spent some time
in the dunk tank. it was a very successful project . He said he especially wanted to congratulate Jim Ulrich
of Safety Services who really helped to ramrod this thing. He stated Mr. Ulrich did a gn:at job on this and
there was • great fireworks demonstration . He commented that it Im been estimated that, between the
ball fields and the soccer fields , 10,000 people came to see the c::ddlration, which he said he thought was
excellent.
Mayor Bums extended Council's condolences to Mr . Ulrich on the passing of his father.
2. Mayor Burns said that as he mentioned before he will be participating tomorrow in an Affordable
Housing Summit at the Marriott Southeast which is conducted by the local HUD off'ice . He DOl.cd tbal the
Secretary of Housing and Urban Development. Mr . Henry Cisneros, will be in attendance and give the
main address. He said they will meet for a brief n:ception with the mayors in the an:a as they are all
concerned about affordable housing issues especially in some of the subwbs thal are growing rapidly . He
stated that he thinks this will be a useful housing summit .
3. Mayor Burns said he wanted to address some of the commenlS that wcrc made tonight about the
study in Cinderella City . He staled ii is not his understanding that Skip Miller is going to prooced with
his platting at the present time . He said the only thing he understood from the meeting last week was that
Mr. Miller and the Clarion people would sit down and review how much coverage of the site that he is
proposing. He commented that the report questioned. and Clarion has been questioning. whether the
400,000 square feel of retail and entertainment adequately covers that site or whether there is room for
other uses on the site. He noted that they have been advised that light rail can indeed spur other UICI such
as high rise residential. and other uses . and he said he thinks that may happen . Mayor Bums advised
there is some property around the site which is not pan of the actual site . He stressed that they didn 't go
through four public forums to just tum around and ignore them immediately after they had their study
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En&lewood City Council
July 15, 1996 ..• ,
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session. He stated that is not what they are doing here and he asked that citizens please not get the idea
that they have given the developer the go ahead to just simply plat before they even go to the next step in
the analysis that Clarion is going to do. He said they won't formally give them permission to do that until
the next meeting because this was too quick. Also, he noted. Council understands that they will get some
input from their own staff on that before the next Council meeting. when they will ask C.ouncil to Id them
ID ahead with the next step. He acknowledged that he received a letter from the architect also, which Ms .
LaPona mentioned. He advised that in the letter he received the architect said that the proposal to use the
Foley's building for a fine arts center. a performing arts center, would require a 1,000 parking spaces.
Mayor Bums Slated that 400,000 square feet of retail and entertainment, llCQlrding to indust,y standards,
would require 2.000 parting spaces. which is fi\'C per 1,000 square feet . He pointed out that if indeed the
performing arts center took a 1,000, it would take half. He said some of those might be used at different
times, but if it literally took half. it would take half of the expected income stream out of the Cinderella
City redcvdopment. He noted they estimate that would b:: about S2 million tolal . He amunented that the
performing Arts Centers in Greeley and Arvada cost O\'Cr a million dollars a year for each one of those
cities to suppon them. He maintained that if you had that kind of a situation you would literally go in the
hole from having redeveloped Cinderella City, from a sales tax standpoint. Mayor Burns remarked that
that is one of the things that still does not make sense to him. He stressed that he is not opposed to the
performing arts center as a concept, and never has been. He pointed out that the performing arts center,
as the repon said. will never be built by the developer because ii loses money . II has to be built literally by
the citizens, by their voting. 1ney have to vote lo have appropriate Chaner provisions lo handle the kind
of debt that you are going lo have in order 10 construct it. He added that the City also has to decide to
support it on a year by year basis because these centers don't suppon themselves. He explained that his
advice has always been to maximize the amount of income you can get from the redevelopment and have
the performing arts center in its own time and own space, voted on and approved by the public. That
might include the citizens of Englewood or it might include a special district O\'Cr the western pan of
Arapahoe County where you include other municipalities that are interested. He pointed out that there are
only 30,000 people in Englewood. that Greeley has 64,000, Arvada has 90,000, and neither one of those
cities ever paid a dime on a bond from a performing ans center because they don ·1 make money in the
first place, they don 'I even cover their operating expenses. He said that is fine if the communities want 10
vote for those and fund them in that manner they can certainly do that. And. he clarified, golf courses do
make money, ra:reation centers don ·1. but golf courses do make money . Mayor Bums reiterated that they
are uying 10 incorporate in the de\'Clopmenl what the citizens want.. they are not ignoring them after all
this effort at all and there may be other uses. He advised that they have talked about optioning a site that
they can wort with for a performing arts center. but that the City Council cannot build a performing arts
center, they cannot change the Chaner and they cannot pass a general obligation bond, only the cilizens
can do that after voting. He noted that Greeley had referendum voting before they ever VOied on their
chaner changes and bonding, ii took them about eight years to build their center. He said thae things are
son of like an apple and an orange to try to build . Mayor Bums rq,ealed that they are not opposed to
their ideas. but that these things have lo be looked al realistically about how you are going to fund them
and how you are going lo do them. in his opinion. He staled Council appreciates their conlinued interest
in this. he said he docs because if ci1i1,ens weren ·1 interested in these kind of things they would IIC\'Cr be
raised and they would never be built al all . He emphasized that they are going lo another step of
continued examination of this with Clarion. they are not barging ahead with a site plan with the developer
at this point and they do invite funher public comment on this and that they have had a lot of ii. He said
that one thing Clarion said throughout the meeting is that we have got lo move ahead with this, that the
window of opportunity 10 redevelop and be competitive in the market place is only so large. He said he
drove past Park Meadows today and that it is amazing how many square feet in retail are being built not
just in the center. but around it as well. so there is a lot of competition out there.
(b) Council Member's Choice
(i) Council Member Hathaway :
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E•ckwood City Council
July 15, 1996
Pap: 10
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I . She said that she received a flyer today and she wanted to clarify a comment on the flyer that says
"did you know that City Council will not discuss or make funher decisions regarding Cinderella City
redevelopment until August . but they voted not listen to you the people after July 30th ." Ms. Hathaway
Slated that she would like to point to page 18 of the minutes that Council just approved that states that that
was written comment, and that was not on the CindeR:lla City redevelopment per se, it is on the Clarion
repon on the public input process of. that at some point they had to have some end to that public input.
She pointed out that as Mayor Bums stated phase two does include Clarion working for the City and with
the City and the citiz:ens to look at the PUD that will ultimately be submitted by the Miller/Kitchell
development. that invites all kinds of public input. She stressed that she heartily requests and hopes that
these same people will be down here at that point in time, because that is where the rubber meds the road,
that is where they will have an actual blueprint of a plan that is concrete, that is pillars and concrete and
buildings and whatever. She staled that that is where the changes will be made, that right now they AR:
slill talking concept, that they AR: slill talking what might be, when you get those blueprints you AR:
talking what will be if ii goes according lo that developer and that is where Council needs the comments
and she said she would like 10 make sure they gel them .
2. She said that along the same lines. as far as economic development is concerned. al one point in
time when the City had an Economic Development Director they used to receive an economic
development update as to what was coming in and what was going out of the City . She noted we do now
have a newsletter from the Office of Neighborhood and Business Development that does tend to list some
of that. but she would like 10. in paniadar in the areas around CindeR:lla City. have a little bit DIOR
delailed infonnation if they can get that. She staled that she does not think that Council has received any
notifJCation that there is a paper warehouse going into the Pier One complex. the Manet Place complex.
but that the Mattress Firm is no longer there. That Modeler's Place is moving out of the Phu Mor
complex. but Nacho Nana's is moving in and that McGuire's is illy . She suggested that perhaps what we
should evaluate. as an economic development option. is if there is anything we could have done to help
relain those businesses that are moving out and she would also like to know if we did anything to help the
busiDCSICS thal AR: moving in . Ms . Hathaway said she thinks we need to stan being aggrasive. aot just in
the marketing of Cinderella City, but in all of the areas we have that AR: available for Rtail and or
commercial enterprise . Because, she maintained. what we sihlllC ll'OUlld the Cinderella City complex
may very much dictates what ends up in the Cinderella City c::omplex.
(ii) Council Member Vormiltag said he would like to get I calendar staned for the
City for next year and he was hoping that maybe Council would allow llaff" to look ialC> it to fiad out wllll
ii would cost lo do. He advised lhal he is also going 10 work vay clolC with I c:uuple of die .. if City
Manager-Clark will appoint cenain ones. hopefully Leigh Ann Hofthiaes and SU7.ie Grage wllo have kiad
of been looking into this already, if Council wouldn't mind looking inlo this. Council Member Wiggins
asked if he was talking about a calendar like the City of Lilllcton calendar and Council Member
Vonnilllg said yes . Council Member Hathaway commented 1h11 they bad 11,ady requesled dais II the
one WOik session.
(iii) Council Member Wiggins:
I . He advised there was an anicle in the newspaper the 29"' and he wanted to say thaab IO die City
Manager, that I nice comment was in the anicle. Quoling the comment he said that ~Englewood City
Manager Doug Clark who allended the retreat declined 10 go the buc:ball game, he said he could aot
justify the City paying his way ." Council Member Wiggins told Mr. Clark ii was nice of him to CIOIIIC
forward like that and noc spend it like they did .
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Enciewood City Council
July 15, 1996
Page 11
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2. He commented that as their policy is, they are supposed to get a report on Mayor Bums' trip to
CML, that they got one from Council Member Habenicht, and he thought his was running a little late .
Mayor Bums advised that he has his repon with him and will be handing it out to Council.
3 . He asked Code Enforcement to check the weeds at the northeast comer of Huron and Belleview
at the vacant lot there. and again he requested they check the weeds aa the Gothic Theater since they found
out the true manager of the place. Council Member Hathaway said yes. which OcorF Allen it really is.
In response to Mayor Bums, Council Member Wiggins and Hathaway stated it is OcorF W. Allen.
Council Member Wiggins stated he has done nothing and tlie place looks terrible .
4 . He asked about enforcement of speed. if they can do some selective enforcement on West Union,
from Fcdcral to the Platte River. He noted he is getting quite a few calls over~ they are having
problems. especially with Waste Management. Council Member Wiggins advised that he personally
talked to Waste Management last week and they said they would c:oopente. He said he knows they had
the smart unit set up. 1ha1 records the speed and everything, and he knows Council will get a n:pon on
that. Hmve\'Cr, he stated, if the officers find ii necessitates enforcement he asked that they so do.
(iv) Council Member Habenicht:
I. She noted that all of the Council members received information on an Independence Institute
Summer Symposium for Local Government. Council Member Habenicht said that she thought it was one
of the things she had talked to City Manager Clark about thinking that probably somebody from the City
should auend. Primarily, she staled, since many of the legislators will be there and they will be discussing
a lot of things of municipal concern. She said she had indicated her willingness to go, after that Council
Clapp had indicated her interest in going and at that point Council Member Hathaway had indicated an
interest in going. Ms. Habenicht said she thinks it is especially important in tenns ofwhal's happening
with uansportation . She advised that one oflhe major speakers on behalf of this, in tenns of what's
happening in transportation. is Mr. Caldara who is on the RTD Board . Mr. Caldara, she noted, is one the
people who are DlOSl adamant against our light rail in the southwest corridor. Ms . Habenicht staled that
she thinks it is extremely important that we have representatives attending that, primarily jull to heir
what they are saying. Al this time. she said. she would like to recommend that. and she said she doesn't
think it makes much difference who goes. that Council authori:ze that two people from the City go . She
said she passed out the amount. Council Member Habenicht said she wanted to move that Council liand
two Council members to go and discussion ensued regarding the cost . Council Member Halhaway said
she is thinking it is about $490. Council Member Habenicht said she thinks it is less than that. that that is
an awful lot to authorize. Ms . Habenicht said she felt the thought was there would be a sharing of
transportation and facilities so it would be somewhat under S400 for two days . In response to Mayor
Bums, Ms . Habenicht confirmed it was al Vail .
Mayor Bums stated he thinks it is reasonable. that the conference is really not that costly and if they can
share a room and transportalion. it would reasonable. Council Member Habenicht said to IClld two
people .
Council Member Hathaway asked what was the maximum dollar amount she would want to put on it.
$400, or SSOO just in case? Ms. Habenicht said okay if that is what she wants to do. Ms. Hathaway aid
that she thinks SSOO makes reasonable sense.
COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO SEND TWO
COUNCIL MEMBERS TO THE INDEPENDENCE INSTITUTE SECOND ANNUAL SUMMER
SYMPOSIUM SPONSORED BY THE CHUCK STEVINSON CENTER FOR THE STUDY OF
LOCAL GOVERNMENT AT VAIL AND AUTHORIZE THI COST IN THE AMOUNT OF A
MAXIMUM OF $500.00.
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Ea&kwood City Council
Jaly 15, 1996
Page 12
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Council Member Wiggins staled 1ha1 as Council Member Habenicht said, lhc Council person is going 10
bring back information regarding transportation. He maintained lhal only one person needs 10 do that,
that he did not think two had 10 be available. He fell ii is a duplication .
Council Member Habenicht said that she lhoughl lhe reason it was suggested for two to go is that she
t.ws Council Member Clapp is really anxious to go and she was thinking it would be niclCr to drivc with
two, sharing the room. sharing the oost. so the only extra oost would really be the registration. Ms.
Habcnidlt llatcd if she would lillc to havc someone: go with her that she docs not really bavc a problem
with that.
Mayor Bums asted if there are any concurrent sessions? Council Member Hathaway said there arc. She
added that there is and there isn't. that she would guess that it depends on how you look al the ,ny they
have it structured. She said it kind of looks to her lhal they are concurrent
Mayor Burns said thal he did not know whether you would wanl 10 necessarily restrict ii to tnmspOrtation,
they may get inlo all kinds of other issues thal would be of importance to the City . He suggested they just
attend the <Xlnferencc generally and report on whal they think is appropriale and material for the City of
Englewood.
Council Member Hathaway commented that it might be best lo havc two differenl perspectives.
Vote re1111ts:
Ayes :
Nays :
Absent:
Motion carried.
Council Members Hathaway , Vormittag, Habenicht, Burns
Council Member Wrggins
Council Members Waggoner, Clapp
Council Member Habenicht thanked Mayor Burns and said she will make sure Council Member Clapp
knows about this.
2. Council Member Habenicht advised thal she and Council Member Vormiuag lltcndod a
Neighborhood Watch meeting on Friday night during a \'Cl)', \'Cly, \'Cl)', \'Cl)' loud hail ltOrm in the 3700
block of South Sherman . She advised that these are the pcoplc who are interested in having a four-way
Slop at Lehigh and Sherman. Ms . Habenicht said she just wanted to compliment both that neighborhood
and our staff, Chuck Esterly and Nancy Peterson and al11> Council Member Vormittq who she said she
knows attends a lot of lhcsc Neighborhood Walch mectings. She said she was really impreaed with how
the group discussed the issue. they havc come up with some wonclcrfuJ stepS in addressing the problem.
She advised they will be looking at switching the two stop signs. they will be involved in 10111C citizen
tracking of the speeds and taking it one Slcp at a time. Ms. Habenicht said it was a real ICSlamcnt to the
community working together. She said she was just very imprased and wanted 10 compliment cvc,ybody
involved.
3. She said she also wanted 10 compliment lhe City staff for the beautiful yellow flowers along the
medians on Broadway. Ms . Habenicht staled thal she thinks this ii lhc moll beautiful she has C\'CI' aecn
Broadway look . She said she just wanted lo share thal .
4. She said she would also like to make a few comments on Cinderella City and in response to the
public since others did. Ms . Habenicht said 1ha1 before slic docs that she wanled to uy that a citizen,
which she fell was from Council Member Wiggins District, a Mr. Har\'Cy Pratt, called her on Salunlay
and asked if he could please bring by an article from lhc June issue of Forbes Magazine. 11tis is, she
advised, ~ Asking Too Much of Good Thing: The category killers. thole monster Slorcs that Slock miles of
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Ea&iewood City Council
J•ly 15, 1996
Pqell
• •
everything. are retailings hot number. in our view they are too hot .H She advised that some of the
infonnation in the article mirrors what came from the City's own Think Tank n:port about how unwise it
is to move ahead with big box, power center. category killer kind of development. She asked that perhaps
this could be copied to Council as it is a very enlightening article. Ms. Habenicht stated that she feels that
tonight's comments, especially in temas of the petitions that were turned in, indicate that the public is
really questioning the wisdom of big box power center development at that site. She said she wanted to
make sure that that is coming clear in their discussion. that she doesn't think it is just a hotel or not a
hotel, 1 performing arts center or not a performing arts center, a Foley's building or not a Foley's
building. She stated that she thinks that the concern in the community, that she has been hearing. and the
concern she has heard expressed by people tonight. is that we need to move carefully and that it is the
Miller/Kitchell c:oncepl to do a power center. Ms. Habenicht said she knows Council doesn't like to use
that terminology but that's what it is. She commented that when Council voted, to support 400,000
square feet of retail entertainment, they voted to support the Miller/Kitchell concept of big box power
center. She said she believes that is what the people are talking about that Council should look at. She
emphasized if Council doesn't take a good look at that, and discuss that, she feels that they are doing
themselves and their posterity a disservice. She said she believes that Council needs to be very. very clear
in what they are doing and what they are looking to do. Ms. Habenicht said that when Council Member
Hathaway talks about we're just talking about a concept. that the plat comes with the design, that she
considers that an interesting set of tenninology and one that she thinks is very confusing. She stated that
she thinks that when Council is talking about concept they are talking about the idea, and when they are
talking about design they arc talking about putting the idea to wort and into action. She emphasized you
don't change the concept with the design. Ms. Habenicht said that if you think that once you go into the
design phase there is anyway to put a hotel there where there isn't one right now, or there is anyway to put
mixed housing where there isn 't any right now. or there is any way to put public use for I performing arts
center where there isn't one right now, or as we go into it, Council would be fooling themselves and
fooling the public. She emphasized that she thinks Council needs to be clear. if they are doing a power
center, lets call it that and lets say we are not ever going to be looking at these other things. And if
Council is going to be looking at these other things. then she said she thinks they need to have some real
good public dialog where Council is dialoging with each other. where the community can really have a
sense of where they are coming from . She said she heard that being asked, that the public is very
interested and wants to know what is happening. Ms . Habenicht pointed out that she has never talked
with anybody in this community who has in anyway supported the concept or I fine arts CCIIICr oa that site
who has ever, ever thought that that would in anyway be somcthing that they would be expccling the
developer to do. She said her undcRtanding is that the:)· are llking that that amount or land that it would
take, or if it is a part of a building. be a part or the public portion that the de\lCloper turns O\U IO the City.
That they arc talking about the public amenities. that that be something reserved as part or the public
amenity portion and certainly, she s&a1ed, the public that is inlcresled in supporting that kind or concept
would go out and do whata,:r it would take to seek public and private funding both througb the SCFD,
through a number or private corporations who have indicated an interest in supporting this kind or
activity, like TCI, some or the major banks who suppor1 1 lot or other communities capital projects and
on-going project~. She said she doesn '1 think an)tlody who has ever, ever suggested looking at a fine arts
center. or those that asked for a feasibility study. ever expected that the developer would foot the bill . Ms.
Habenicht Slated that she feels that ,-cry . very strongly and she thinks it needs to be clear.
Council Member Habenicht said that she 100 appreciates the comments from the public. she thinks that
just IS she said. that Council needs to be very careful and very thoughtful about what they do. She stated
she is on the record and wants to continue to be on the record that she does not support 400,000 square
feet of retail entertainment. not that she docs not support retail , not that she does not suppon
entertainment, not that she docs not support 400.000 square feet or it possibly built up or built down or
built around in some way . But she commented that the way that it is stated, and ii comes up again and
again if you read minutes. if you read reports. it is a power center. it is big box. ii does involve category
killers and that. she stated. is whal she thinks \\'Care all being warned about by the economists in the
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Ell&lewood City Council
July 15, 1996
Pace14
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world today, is not a good move, especially for a community that is experiencing some downhill trends in
the demographics. She maintained that we need to be working lo raise our demographics with what we do
at that site.
Ms. Habenicht said that she would also like to address the issue of parking. She advised that she thought
that one of the things that came out in those forum studies was the suggestion of having multi lcYcls or
parking which would increase: the parking spaces. She said she thinks there arc a lot of ideas that arc out
there that she thinks arc reasonable. that an: sensible, that arc feasible, that for some reason Council
seems to be O\'Crlooking and discounting because they don't fit in with that concept. She stated she thinks
Council needs to look al that carefully. read the some fifty letters that they have received cm:r the past six
months, all but about two or thn:c of which have made some of these suggestions. She noted that we have
people who have attended four forums and the majority of them do not support big box n:tail development.
Ms . Habenicht pointed out that Council said that would be the definitive thing based on what people
wanted. She commented that people where asked to work within that box and people broke out or the box
with that forum in a big way . She said she does not think Council can discount that, that they need to be
looking at that veiy seriously.
13 . City Mana•r'1 Report
(a) City Manager Clark staled that the Neighborhood and Business Development offices and
the Clarion folks arc n:commcnding that we proceed with a hotel/motel feasibility study . He said it is
staff's intention to go ahead and proceed with that unless Council directs them otherwise. He advised that
the cost ofthal is going to be roughly $25,000 and if it is going to rcquin: a supplemental appropriation
staff will probably be back lo Council in the near future to request that. Mr. Clark said that, on the same
topic, if then: an: any other items that Council would like them to study, cm:r and above the original
scope. he asked that Council please let them know and they will go ahead and start working on that.
Council Member Habenicht said that in that vein, she thought it was five months ago. February 10•, we
had 200 people fill these chambers and probably about lwO-Olirds of them were calling for, and
supporting. asking the Council to do a feasibility study for a fine arts center. She Slaled sbc ~ like to
suggest that that fine arts center feasibility study be included with that hotd feasibility study. She
commented that she thougbl then: might be some real cross over in the kinds of marketing inronulion
and the kinds of economic development information that might come from that. She said sbc also
understands that the Parts and Recreation Commission had n:commcndcd that that be clone, lhlll there be
a feasibility study for a fine arts center as part of next year's budget. She stated she fdt it~ be
appropriate to move that here when it might be meaningful to the rcdadopmcnt of Cinderella City.
Mayor Burns commented that he is not opposed 10 a study for a performing arts center, bul that he docs
not know wbether ii fits in what they arc talking about here, about a hotel/motel study, or not . Or wbclher
a performing arts center is unique enough where they would have to have someone in particular study
that .
City Manager Clark advised that it is staff"s recommendation that these be separate because they arc going
to ask Clarion to do the hotel/motel study and Clarion has indicated to us that they would not want to do
the cultural arts study if Council wants to. that they would have to do that under separate contract. Mayor
Bums asked if that means that that is really not their area to study, if that is what they arc really saying?
Mr. Clark said that is correct. that there were several other reasons why they didn 't want to do it. He
advised that the pn:liminary estimates an: that the study would run about $40,000 or SS0,000, that he
didn't know what Parks and Recreation recommended, but that he authorized the PaJts and Rc:creation
Director to put that in his 1997 Budget submittal for Council review in September.
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Ea&lewood City Council
July 15, 1996
Pase 15
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Council Member Hathaway said she felt they should research back into tbe February meeting minutes as
she thought Council Member Waggoner made a motion to that effect, that wc do a feasibility study. She
Slated that she !bought Council should check into what they already may have committed lhcmsclvcs to.
City Manager Clark commented that he thought there was also a funding formula in there that was going
to include some City money and some privately raised money . Mr. Clark said staff will pull that up and
find out what that formula is. Ms. Hathaway said yes, wc need lo find out exactly where wc arc at right
now . Mayor Burns said he !bought tbcre were some offers, to contribute money to a study, at that
meeting.
Mayor Bums stated that he !bought it would be fine to pnx:ced witb it, that this issue has been pervasive
coough that it needs a study and deserves it. He said it would be fine witb him if they went ahead with it.
He said he still supports the idea of a performing arts center, that the question is is ii feasible, and if it is
bow do you do it over time and how do you fund it and vote for it and do all those kinds of things that
other cities have done when they do this kind of thing.
Council Member Habenicht said she would like to move that they go ahead with the cultural ans study as
well at this time. She noted it has been postponed since February and she believes that the constituents
arc asking for it and it is somclhing that Council should suppon.
But, Mayor Burns noted. there is a difference between what Council is talking about here. He staled City
Manager Clark said he rcqucsaed it be in tbc budget for 1997 and Council Member Habenicht is talking
about doing it now .
Council Member Hathaway said she would still like to see what Council committed to originally as she
!bought they may already be committed to ii. She acknowledged that it has been postponed but she
!bought maybe they should, instead of taking a separate vote, be directing the City Manager to pursue
what they voted on already. Council Member Wiggins stated he did not tbink Council had VOied on it.
Ms. Hathaway said she doesn't remember if they did or not, that that is what she wanted to make sure of.
Mr. Wiggins felt it was only a comment. Mayor Bums said he agreed, that he would like to sec what
Council has done before in the record of the minutes on this. He staled that if they wish to proceed. if they
have already voted on it to proceed. then they should. Mr. Bums said if Council did not then they DCCd to
make a clccision as to whether or not they want to do it now or in next year's budget .
Council Member Hathaway commented that she felt they could also do thal as pan of VOie in August on
the whole Clarion process so far. She said that is going to be in the finl mccling in August anyway, so
she didn't think that two weeks was going to make I difrcrmce. Bccaulc. she llalCd, Ille would like to
know from staff what they have done so far. if they have even conladcd the people 1h11 o«cn,d IO doaale
money back in February or anything else . She said she would like to know where they Sland and iftbey
stand at ground 1,ero that's fine too. but she said she would like to know where they arc .
Council Member Habenicht said that it is her undcnlanding that this will be on the qenda II the next
Council meeting. Mayor Bums confirmed that yes that was true, that where Clarion goes from here , and
what they study in the second phase. "ill be on the agenda two weeks from now .
Council Member Habenicht said it is also her undcnlanding that Council is still accepting written
comment on all of this up until July 30th . Mayor Burns said yes, that he wanted to reilcntc that, as
Council Member Hathaway said before. they MIi have public comment, much public comment in the
fulure on Ibis both at public bearings before the Planning Commission. City Council and also other
meetings that they MIi have. Mayor Bums urged citi1,ens to please not get the idea that the public is not
able to speak on this after July 11 •. that they were just trying to move to the next llcp in the analysis by
having the written comments by July 31" so that you have some closure and can move along .
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Eapwood City Council
July 15, 1996
Paae 16
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Council Member Habenicht stated that she was making some pretty bold statements under Council
Member's Choice and she wanted to make sure that she was not just talking through her hat. She said she
would like to have it clear in their record and asked if 400,000 square feet of entertainment retail is the
c:onccpt that they are talking about moving ahead with, if they ac:cepl the Clarion recommendation of
moving ahead with Skip Miller on that? She asked is that not indeed a power center? Mayor Bums said
he was going to ask her about that. He commented that everybody wants to use that word power center all
the time and he staled he is not anymore in favor of just a power center than Ms Habenicht is. He stated
they have talked about this many times and his impression is that what Clarion was asked to do was to
review what the citizens suggesaed they wanted and secondly what was marketable, what was feasible over
there. He emphasiud that he does not like to classify this as a power center, because frankly he does not
think that that is the way that most of Council is thinking about this. Mayor Bums pointed out that they
do not have a list of tenants on this yet and he feels like somebody is trying to cram that tenn down their
throat all the time. He said he does not think that is fair. that he thinks that Council took a much broader
look at that than that so far, and he does not think they have made up their minds as to the power center at
all .
Council Member Habenicht said, in the same vein. that this is her understanding, and that she is probably
one of the people that cram that word down because she thinks that is the word she keeps seeing in the
minutes of April 8..,, in tlie Clarion prospective of what they are, they keep referring it to a power center as
well, it is not something she makes up, that that is why she keeps bringing it up, because it keeps coming
from both our economic business and development staff. it comes from Clarion and the way that they
define it and it also comes from other areas. She pointed out that that is the reason she keeps bringing it
up and that's why it gives her such serious concern. Ms. Habenicht stated she is also concerned about
what they did say, and slie said she wanted lo make sure that she is not misunderstanding this, because
she could be misrepresenting the whole Council and she does not want to do that, but her understanding is
that Clarion was just accepting comnients of what was feasible. only looking at what was feasible, within
the context of a power center development or the entenainment retail, that they were not looking at the
economic feasibility of anything else that was suggesaed . If it didn't fit into the power center or
entertainment 400,000 retail concept then they did not even look into the feasibility of it. Ms. Habenicht
stated that was her understanding and it is Slill her understanding after reading the report and reading all
of the past minutes. She pointed out that if that is not the case then they should have looked into the
feasibility of a fine ans center since 511% of the people asked for it. they should have looked into the
feasibility of a hotel since 62% of the people did ask for it. they should have looked into the Olher, the ice
skating rink and things like that which people were asking for . So . she said. she would like some
clarif1CBtion on that . Mayor Bums responded thal the resolution CGuncil passed was vety broadly worded,
it jUSI said 400.000 square feet of retail entertainment. that as he undcnlands it, thal the 1a11111 it was so
broadly worded was so that we wouldn 't llal1 pulling OUf'IICM5 into these categories, that whal we are
talking about is what this clc\'Clopnient "i ll be. He said as he undcntands it from the report. and Clarion
said in their presentation. that hotels didn't seem to be feasible at this time economically, but that they
were willing to go ahead and Sludy it funher. He noted that they also mentioned that what they thought
their charge from Council was to look at what would be economically feasible and what would make
money as far as the development itself is concerned. and those items they didn't think would. they
wouldn 't recommend for funher study. Although. he noted. the presenter said that the performing arts
centers in the other communities are wonderful adjuncts to their communities. but that they MR voted on
separately under a separate process. admitting that they d id not make money and that they would have to
be heavily subsidized. So for this site at this time they did not think that was pan of their charge to say
that that was economically feasible . Mayor Bums maintained that he thought the reason the resolution
was so broadly worded was so that Council could take a look at all these things.
Council Member Habenicht said that that reminded lier that tJiere was one Olher thing she wanted to add
to the record. because of the comment that was made about subsidizing to the lune of a million a year or
something for fine ans centers. She st a ted it is her understanding that each year 1hey subsidize the
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l:1atn1wl CICy C-U
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Amada Center lea 11111 lea 111d Im. 111d II dlil poim it ii being aNiclhed II SJ00,000 ID S400,000 a
year, wbida is much lea tbaa we ewn UllidiJIC our secrealion ce111er 111d ad oldie.._,~ ia
die l*l ol o&riag lbeir OWD City cukusal pnlllllllll 111d 1111 pnlllllllll ... dley ollier, lire OS pab Md
naellioD ,....... •. So. • aid. • lllillb dial needs to be clear 11r die peaple eao.
Miya, Baml Did lie -told die $375,000 ii c:alh, die lat ol It ii in-kiad mvica by tlle Yarioa City
......... He ..... tbll Amada told him Iha( lbeir sublidy tolal. if,-...... die CIIIII, llr all die
mvica ...... pins die c:alh, ii about a miUloa 111d a half a year. He Did.._ lie ,at dleir tlaladal
_ lie.._... il .. clear to a Sl.3 miUloa. Mayo,Burlll paulled• ... die mvm ......
by die City COil aaaey Md tlle taxp1yen P1Y for tllll 111d •dillis llow tlley II&*-... ia. He 1111111 ...
dley allD llid ... dleir CDWlll8I' oa lbeirapendDa lludpl .. 62% dlil ,-, wllidl ii die._ dley a.we
..... ia 20 ,.. ... dley • vay pnm oldlll. BIil, iie paulled Clllt, ii i162%ud die llllolil ii
aMIIIII by die.....,..._ CGuacil Memller Hlllalidll ca 1 21 r ... dley w lie n=adias dleir.,...
......,, ... dley will ave ID Ill tllem OUl Couacil Mauller Mgial llid llewauldll't Dlpewidt
... w. MlyarBums said be bas dleir fiaucial •nu • Ccwil Mauller WlaiM ...
dley -ad lit here 111d arpe all aigllL
(b) City MDlllllm" Clark NC DP ID d1 d ... Ccwil ID illD E...ahie Seaiaa i I If 5 its ·
illlDlrilla tlle ...... City Couacil lleetill ID ........... --
C'OUJIIOL IIDl8D IIATIIAWAY MOYD. AND ITWAS SKONDl:9.10 GO INTO
l:DCIJ11VI: 51:SSION IMlll:DIATl:LY IOU.OWING 1111: BGUIAa CITY COUNCIL
IIIDTING 10 9ISCUSS A l'EIISONNl:L IL\nEa.
A,-: CouacilMlllnllmlflllln-,. v.......,rr n ·c11t.a.r.
Nays: Couacil Mauller w-.,..
Alllelll: Ceam:11 ...... w......-. Clapp
Madaa canied.
IClell'I me: Apda Ilea 13 (b) ....... die City C-=il ~ • ~ IZla 13 (a).I
14. a.,___, .. ......
City MmaeJa..-did ..... ..,. ............... c-:a.
15. ~AI-----
COUNCIL ND1Ra 11ATBAWAY MOYD 10 AIUOUIIN. 1'llc ....._ 1 _,. 1:49 ,.._
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
JULY 15, 1996
7:30P.M.
1. Cell to order. '7 ~ ~1 ~
2. Invocation. W'f~
3. Pledge of Allegiance. ~
4. Roll Cell. ? ~
. ~ 'a1Ju,f-(w,p1 IP~4f)II~
5. Minutes.
~ 5" .-{) a. Minutes from the Regular City Council Meeting of July 1, 1996. ~
6. Scheduled Visitors. (Please limit your presentation to ten minutes.I
.,B'
7~(1~~1ed Visitors. (Plel-J.iJJ'j},1";/1,rntetion to five mi~9'~L .rt:L~U ~~~ k'GJ!r 4.; 1t7N~ldllD/.z. .. J -"l
8 ~ ~~~J~ . ~"1"' tuk,M..-. ommun~Pfocllmet . •.
•• A proclamation declaring August 6, 1996 •• Nallonel Night Out.~
9. Public Hearing. (None 1cheduledl
ff
f.11:b-~/;~::·~ lo a. i IILu~~'-#ob....: R._()f!>d) '·'ofla,:,AJ At¥1~ ~ · ...,....._.,,,;-:'I Approve on First Re;.J/n;_-J./
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Recommendation from the Utilities Department to adopt • bill for en
ordinance approving deeds end easements for the C-4 70 Interchange.
STAFF SOURCE: Stewert Fonda, Director of UtltdN. ~
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City Council Agenda
luly 15, 1996
Pap2
d !-o AIJ:";J~~~,,~cor;v;;:i· ~ /0 !J,/
,v. JJf. a,,. i.' · ~'iiZi11 No. 32, reg~oposed debt issuance for
V (;(I :fJ. improvements to the City's water system.
11 . Ordinances, Resolutions, and Motions.
a. Approve on First Reading.
Recommendation from the Department of Public Works to adopt a bill for
an ordinance approving the sale of the Eagles Property. STAFF SOURCE:
~·~~·~~
b. Approve on Second Reading .
.... ~ fL a i. Council Bill No. 31, approving the vacation of• portion of South
~). l . I -I Fox/South Galapago Alley and Dedication of additional alley right-of-way ()HrJ.. 'f-0 for the Englewood Depot. ~ rCHfr.4,.;: ewi) · · -----~ I
12. General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
APPD 4-1 HABENICHT MOVED THAT COUNCIL SEND TWO COUNCIL MEMBERS TO THE
(Nay.Wlggliw) INDEPENDENCE INSTITUTE SECOND ANNUAL SUMMER SVW08IUM SPONSORED BY THE
13. • , CHUCK STEVINSON CENTER FOR THE STUDY OF LOCAL 00\/ERtNENT AT VAIL AND City Manager s Report. AUTHORIZE THE COST IN THE AMOUNT OF A MAlCNUM OF '5Cll).CIO.
Recommendation to go into Executive S..sion immediately foNowing the
regular City Council fflNtlng to discuss • personnel matter. ~
14. City Attorney's Report.
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The following minutes were transmitted to Council from 08/28/98 -07 /11 /98:
• Englewood Housing Authority meeting of May 29, 1998
• Englewood Clean, GrHn, and Proud Commission meeting of June 11, 1998
• Englewood Public Library Bo•d meeting of June 11 , 1998
• Englewood Non-Emergency Pension Bon meeting of April 9, 1998
,._ Mir. If ytNI haw•......, ....... ...., ......... ,........, .. '*'.,,.. • .• C70W) ..
lalll41haunln.._.., .................. n..11,-.
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
NON-SCHeDULED VISITORS
DATE: JULY 15, 1996
NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FNE
MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT
ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT.
PLEASE PRINT
NAME ADDRESS TOPIC
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Replar Satioll
J•ly 15, 1996
I . Call to Onler
The regular meeting of the Englewood City Council wu c::allcd to order by Mayor Bums al 7:38 p.m .
2 . ._._
The iDvoc:alioo was given by Council Member Wiggim.
3. Pledae ., Allepuce
The Plcd,e or Allegiance was led by Mayor Burns.
4. Roll Call
Present :
Absent:
A quorum WU pracnt.
C4uncil Members Halhaway, Wiggins, Habeaic:bt, Vormitaag, Bums
Council Members Clapp, Wagoner
Also pracnt : City Manager Clark
City Attorney BnJIZmaD
S. Mi..ta
AssilWlt to the City Manager Gnice
City Cleft Ellis
Eqi--, Ma-., Kalun
(a) COUNCIL MEIOU HATHAWAY M0VU. AND ff WAS u.coNHa. TO
APPROVE TIii: MINUnS OP TBE UGULAa IIU11NG Of' IULY I, 1"6.
Ayes : C-=il MallllCII Hadlaway. Vonaillal, w--.11 I ·t a..
Nays : NGK
Ablent: ea..il Melllbcn w..-. Clapp
Motion carried .
6 . Scllledllled Viliton
Then: were no scheduled visiton.
7. N__.led Viliton
(a) Russell Scott, 498S South ~
(b)
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£aalewood City Council
.hly IS, 1996
Paa,e2
Roben Ohlson, 1754 Wes!. County Linc Road,
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(c) Janet Spangcnbcrg. 3261 South Downing
(d) Anne Street. 3254 South Grant.
(e) Ann Nabholz. 2990 South Ddawue.
(f) Rosemary LaPona Kreiger, 3422 South Broadway,
8.
(a) A proclamation proclaiming August 6, 1996 as National Night Out was considered.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION DECLARING AUGUST 6, 1996 AS NATIONAL NIGHT OUT.
Ayes: Council Members Hathaway, Vonnittag. Wiggins, Habenicht, Bums
Nays : None
Absent : Council Members Waggoner, Clapp
Motion carried.
Mayor Bums presented the proclamation to Crime Prevention Officer Nancy ~-
9 . Public Heari•&
No public hearing was scheduled before Council .
10 . eo.-1 Apd1
COUNCIL MEM81R HATHAWAY REMOVED AGENDA ITEM 11 (1) (i) -FROM THE
CONSENT AGENDA.
Raber1 Oblson. 1754 Wes& County Linc Road, addrcmid Couacil.
COUNCIL MEM8ER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (1) (I) ON FIRST READING.
(1) ApproYe on Finl Reading
(i) COUNCIL BILL NO . 36. INTRODUCED BY COUNCll. MEMBER
HATHAWAY
A BILL FOR AN ORDINANCE AtrrHORIZING INlElOOVERNMENTAL AGREEMENTS
BETWEEN THE STA TE OF COLORAOO DEPARlMENT OF TRANSPORTATION, DOUGLAS
COUNTY, DENVER WATER DEPARlMENT AND HIGHLANDS RANCH METROPOLITAN
DISTRICTS, DR. OHLSON AND THE CllY OF ENGLEWOOD, COLORADO PERTAINJNO TO 111E
C-470 INTERCHANGE .
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Ayes :
Nays:
Ablcnt:
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Council Members Hadlany, Vmmilllg. Wiggins, lflbenicbl, Burns
None
Council Members Wagoner. Clapp
COUNCIL IIOMIIER HATHAWAY MOVED, AND rr WAS SECONDED, TO Al'l'llOVE
CONSENT AGENDA ffl:MS II (b) (I) ON SECOND READING.
(i) ORDINANCE NO. 21. SERIES OF 1996 (COUNCIL BILL NO. 32.
IN'lllODUCED BY COUNCll. MEMBER HA111AWA Y)
AN ORDINANCE SUBMl1TING TO A VOTE OF 11IE REGISTERED ELECTORS OF 11IE CITY OF
ENGLEWOOD AT 11IE NEXT MUNICIPAL ELEC'J10N A BALLOT ISSUE AUIHORIZING 11IE
ISSUANCE OF GENERAL OBLIGATION BONDS OF 11IE CITY OF ENGLEWOOD FOR 11IE
PURPOSE OF FINANCING 11IE CONSTRUCTION OF IMPROVEMENTS TO 11IE errv·s WATER
SYSTEM AND 11IE PURCHASE OF WATER PROCESSING EQUIPMENT INCLUDING ALL
NECESSARY AND APPURTENANT FACILITIES .
Ayes :
Nays :
Ablcnt:
Motion c:uried.
Council Mcmbcn Hadlany, Vormittq. Wiggins, lflbenicbl, Burns
None
Council Members Wagoner, Clapp
II. O,._aca,R I IINI•~
(a) Approwc on Finl Reading
(i) Enaineerinl MMapl' Kallm pnllllled a roe r 1Mioe tha die Dlplltaeal
flPulllic Worb 10 lldopl a bill for an ordiula ...,..avilla die Ille JIiiie &,lel Pll!pCl1y
T'llc Clerk WM aked IO rad the IXIWICil bill by lidc:
COUNCIL BILL NO . 31, INTRODUCED BY COUNCD. MEMBER HA111AWAY
A BILL f'OR AN ORDINANCE AU11IOIUZINO 11IE SALE OF 3314 SOlTl1I BROADWAY
PROPERlY TO WALTER AND MARILYN OOLn..
COUNCIL MEMSER HATHAWAY MOVED, AND ff WAS SECONDED, TO Al'PllOVE
AGENDA ITEM 11 (a) (I)· COUNCIL SILL NO. JI.
Ayes: COUIICil Mcaerl lllllllnway, Vonaiaaa. Wigim. Halleaic:lll. a..
Nays : None
Ablcnl : CouDcil Mcmbcn w.,...., Clapp
(b) Approwc OIi Second Radilla
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Ellalewaod City CCN111c:il
J.ay IS, 1996
Pqe4
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(i) ORDINANCE NO. 29, SERIES OF 1996 (COUNCIL Bll.L NO. 31 ,
INl1lODUCED BY COUNCIL MEMBER HATHAWAY)
AN ORDINANCE VACATING A PORTION OF 11tE All.EV IN 11tE 3000 BLOCK OF SOU11i
GALAPAOO STREET AND 11tE DEDICATION OF ADDITIONAL ALLEY IUGKJ'-OF-WAY,
LOCATED IN 11tE CITY OF ENGLEWOOD, COlJm'Y OF ARAPAHOE, STA'JE OF COLORADO.
COUNCO. MEMSIER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (II) (I) -ORDINANCE NO. 29, SERIES OP 1"6.
Ayes : Council Members Halbaway, Voraiaata, Wigial, Habcnic:bt.
Nays : None
Ablent : Council Members Wagoner, Clapp
Abstain : Mayor Bums
Motion carried.
12 . Geaend DilaulilNI
(a) Mayor's Choicie
I . Mayor Bums thanked everyone
2. Mayor Bums attended
3. Mayor Bums addressed
(b) Council Member's Choice
(i) Council Member Hadulway :
I . She discussed flyer
2 . She discussed newsletter
(ii) Council Member Vorminag ubd aboul calaldu
(iii) Council Member Wiggins:
I . He discussed anicle in IICWlplpCr
2. He asked for CML rq,on
3. He discussed weeds
4 . He asked about speed enforc:emem
(iv) Council Member Hallenicht :
I . She cliscusscd attending
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Ellllew ... City CwacH
.hly 15, 1"6
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COUNCO.. MEMBER HABENICHT MOVED. AND IT WAS SECONDED. TO SEND TWO
COUNCO.. MEMBERS TO THE INDEPENDENCE INS1Tl1JTE SECOND ANNtJAL SUMMER
SYMPOSIUM SPONSORED BY THE CHUCK STEVINSON CEN'nR roa THE S11JDY OF
LOCAL GOVERNMENT ATV AIL AND AUTBORID 111E COST IJlf THE AMOUNT OF A
MAXIMUM OF SS00.00.
Ayes:
Nays :
Ablenl:
Malion carried.
2. She llltClldcd
3. She a,mplimellled
4. She commented
13 . City M ...... , Repor1
Council Mcmben fflllllllway, Vonaiaa&, Habeaiclll. Bums
Council Member WiaiM
Council Membcn w...-,. Clapp
(a) City Manqer Clark ra:onunendcd
(b) City Manqer Clark rccommeadcd that Council go ink> ExecutM Salioa immediately
following the regular City Council meeting to dilCUII a ~ mauer .
COUNCO.. MEMBER BATRA WAY MOVED. AND IT WAS SECONDED. TO GO IJlfTO
EXECU11VE SESSION IMMEDIATELY FOLLOWING THE REGUIAR CITY COUNCIL
MEETING TO DISCUSS A PERSONNEL MATTER.
Ayes : Council Mcmben Hathaway. Vonniuag, Habcnicbl, Bums
Nays : Council Member Wiggins
Ablcnt : Council Mcmben Wagoner. Clapp
Motion carried.
14. City Atteraey'• Repor1
City Attorney BnllZlnan did not U\'e any lllllllell lO bring before Council .
15 . Mjaa..-C
COUNCO.. MEMBER HATHAWAY MOVED TO AIUOURN. TIie IIIIClilla ...... • l:'9 p.a.
City Cleft
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I. Call to Order
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ENGLEWOOD CITY COUNCIL
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Regular Senion
July I, 1996
,.
The regular meeting of'the Englewood Ciiy Council was called 10 order by Mayor Bums at 7:39 p.m.
2 . .._.....
The invocation was given by Council Member Wiggins .
3 . Pled&e ol Allqiuce
The Pledge of Allegiance was led by Mayor Burns .
4 . Roll Call
Present:
Absent:
Council Members Hathaway, Clapp, Wiggins. Habenicht.
Vonnitlag, Waggoner. Bums
None
A quorum was present.
5. Millllta
Also present : Ciiy Manager Clark
Ciiy Attorney Brotzman
Assistant to the Cily Manager Grace
Ciiy Clerk Ellis
Depu1y Director Olson. Safely Services
Director Eslerly, Public Worts
(a) COUNCIL MEMBER BATRA WAY MOVED, AND IT WAS SECONDED. TO
APPROVE THE MINUTES OF THI REGULAR MEETING OF JUNE 17, 1"6.
Ayes : Council Members HalhaMy, Vonnittag, Wiggins. Habenic:bt.
Waggoner. Clapp, Bums
Nays : None
Motion carried.
6 . Scheduled Vlliton
(a) Chris Olson. Depu1y Director of Safely Servic:es, presented the Cily of Englewood 's
Federal Emergency Management Agency Communiiy Service Award to Council . Mr. Olson advised that
he accepted Ibis award. on behalf oflhe Cily, on June II, 1996 in Washington D.C. from the Federal
Emergency Management Agency (FEMA). He explained that primarily it is in ll!lpOIIIC to EnaJewood's
efforts during the SIIOWSlonn emergency disaster last September. He aid be .uald like to rad from the
pn:ss release from FEMA which describes why they gave us the award and provides a linle bit of
information. Mr. Olson offered a a>rrcction lo the press relcue, as it indicates that Mayor Tom Bums
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Enpewood City Council
July 1, 1996
Pagel
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went to Washington and rc:ceived the award. when in fact Mr. Olson received the award. Mr. Olson DOied
that the press release is as follows : "Mike Annslrong. Regional Dira:tor of the Federal Emergency
Management Agency (FEMA) announced today that the City of Englewood has been named recipient of a
FEMA Community Service Award. Emcrgcnc:y Prcparcdness Manager Chris Olson will~ the award
on behalf of the City during a ceremony at FEMA's Washington D.C. office Tuesday June 11 . FEMA's
Community Scrvia: A ward is given to private citizens and orpniDlions in recognition for significant acts
or service in the public: interest during emergency events. lbe City of Englewood will receive the award
for its respona: to last September • s unexpec:ted snowstorm tbat left yards and SUcets c:logpl with dd>ris
and thousands of people without power. "Englewood has for~ shown leadcrsbip in the area of
eme,aenc:y planning." Annslrong said. "After last September's SIIOMlorm the City has shown tbat it allO
is a leader when it comes to emergency ~-"
Mr. 0111111 stated that there will be another a:mnony this month to present this award again. locally . He
commented that they hope. at that time. to have everybody who was involved in the process go to the
ceremony . Mr. Olson said he apprcc:iated the opportunity to go on out and receive the award. He DOied
there were quite a few awards given out. that we were number two on the agenda and they were really
thrilled that we were there 10 ac:c:ept it. He added that they picked up the cost.
Mr. Olson advised the award states that this an "outstanding public: servic:e award presented to Englewood
City Colorado for providing demonstrated outstanding public: service to the community through response
and recovery effons following the I 99S winter saonn. presented by James L. Witt. Dircc:tor of Federal
Emergency Management Agencies." He noted tbal "Englewood City" is the way it appears on the plaque
and he is not sure why . Mr. Olson presented the award 10 Mayor Bums.
Mayor Bums acc:epted the award on behalf of the City . He said he really wanted 10 thank the Department
of Safety Services and the Depanment of Public Worts. all of the people that worked on this and the
citizens of Englewood. He stated that the citizens of Englewood really cooperated with us in assembling
all the branches. trees limbs. etc. for pickup. He pointed out that it was really a community wide effon.
He said he felt we all should be duly proud of this award. Mayor Bums thanked Deputy Dircc:tor Olson.
(a) La Verne Redding. 47S2 South Decatur StRd. advised tbat she just reccnlly pwdlaNd a
home in Englewood and Friday received a nolic:e in the mail thal she owa $173 .09 for sidewllb thal
MrC repaired in front of her home before she purcbased it. Ms. R.edding stated tha& she called the
Englewood Engineering Department today . She DOied tha& sbe bougbt I IOWDllome so there a,e two
homes in one and the people who live beside her don't have any record that they paid any money on this
sidewalk . Ms. Redding wondered if the City is billing her for people beside her. Although. she said. slle
thinks that the people that owned the house before she bought it probably should have paid their pan in
the repair of the sidewalk .
Mayor Bums asked Ms . Redding if she went through this with the City depanment? Ms. Redding
confirmed that she did with the man she talked 10 today .
Council Member Hathaway asked City Anomey Broczman if this shouldn 't be under the public: hearing
this evening. Mr. Brotzman concurred. Mayor Burns advised Ms. Redding that Counc:i1 would be
conducting a public hearing shonly on this concrete disarict and tbat she could speak there if she would
like . He noted 1ha1 1here was a separate signup sheet for that which she was welcome to sign.
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Eaalew• City COIIIICil
Jaly l, ·"'
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Council Member Hathaway noted that that way ii officially goes on public record, the question to that
particular concrete district. and that makes ii a little easier for engineering stall' to raean:h and go from
there.
(Clerk's note : Ms. Redding added her name to the signup sheet for the public bearing.I
8. eo.-icadoas, Prodaaadou ud Appointmelltl
(a) COUNCIL MEMBER BATRA WA y MOVED, AND rr WAS SECONDD, TO
ACCEPT WITH REGRET THE U:1TER OF RESIGNATION FROM ROOD BACAil
INDICATING BIS RESIGNATION FROM THE ENGLEWOOD ELECTION COMMISSION.
Motion carried.
Ayes : Council Members Hathaway, Vormittag, Wiggins. Habenicht,
Waggoner, Clapp, Burns
Nays : None
Mayor Burns noted that Council would be considering a number of resolutions appointing new members
to Englewood's boards and commissions. He stated that on behalf of Council he would like to apin thank
all the members of the community who have volunteered to serve on a board or c:ommission . He aoced
that we have the luxury of having more people applying than we have positions and have bad for the put
couple of years. Mayor Burns advised that Ibey do this once every six months. There are regular
vacancies. he said. because people move out of town. perhaps a family situation bu changed. their tcnn is
up and Ibey don '1 ask 10 be reappointed. so Ibey encourage people 10 keep applying. He stated that Ibey
are very pleased at all the people that volunteered.
(b)
considered.
A resolution appointing Sunday Aigbe 10 the Englewood Electioa Commission was
TIie resolution was assigned a number and read by title:
RESOLUTION NO . SJ. SERIES OF 1996
A RESOLUTION APPOINnNG SUNDAY AJGBE TO 11IE ELECTION COMMISSION FOR 11IE
CITY OF ENGLEWOOD. COLORADO .
COUNCIL MEMBER HATHAWAY MOVED, AND rr WAS SECONDED, TO APPROVE
AGENDA ITEM I (It)· RESOLUTION NO. 53, SI.RIES OF 1"6.
Motion carried.
Ayes : Council Members Hathaway. Vormittag, Wiggins. Habenicht,
Waggoner, Clapp. Bums
Nays : None
Mayor Burns presented the resolution, a cenific:ale and City pin to Sunday Aigbe .
(C)
considered.
A resolution appointing Donnell Curley lo the Cultural Ans Commission -
1be resolution was assigned a number and read by title:
RESOLUTION NO . 54 . SERIES OF 1996
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En&tewood City C1N1ncil
July I, 1996
Pace4
A RESOLUTION APPOINTING DONNELL CURLEY TO 1HE CUL 11JRAL ARTS COMMISSION
FOR 1HE CITY OF ENGLEWOOD. COLORADO .
COUNCD. MEMBER RA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM I (c) -RESOLUTION NO. 54, SERIES 011' 1"6.
Ayes: Council Members Halbaway. Vonniaag. Wiggins, Habenicbl,
Wagoner. Clapp. Bums
Nays : None
Mayor Bums poinlcd out that the Cultural Arts Commission is a new a>mmission for the City of
Englewood and so we have 5e\'CII new commissioncn .
Mayor Bums presented the resolution. a certificate and City pin to Donnell Curley.
(d) A resolution appointing Michael Dilatush lo the Englewood Downtown Development
Authority was considered.
The resolution was assigned a number and rCld by tilJe :
RESOLUTION NO . 55 . SERIES OF 1996
A RESOLUTION APPOINTING MICHAEL DILATIJSH TO ENGLEWOOD DOWNTOWN
DEVELOPMENT AlJllfORITY .
COUNCD. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM I (d) -RESOLUTION NO. 55, SERIES 011' 1"6.
Ayes: Council Members Halbaway. Vormillag. Wiggins. Habenicht.
Waggoner. Clapp. Bums
Nays : None
Motion carried.
Mayor Bums presented the resolution. a certificate and City pin to Micbad Dilalusb.
(e)
considered.
A resolution appointing Linda T . Donelson 10 the Cultural Arts Commission -
Tiic resolution was assigned a number and mid by title :
RESOLUTION NO . 56. SERIES OF 1996
A RESOLUTION APPOINTING LINDA T. DONELSON TO 1HE CUL 1lJRAL ARTS COMMISSION
FOR 1HE CITY OF ENGLEWOOD. COLORADO.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM I (c) -RESOLUTION NO. S6, SERIES 011' 1"6.
Motion carried .
Ayes : Council Mcmbcn Hathaway, Vormiaag. Wigins. Habenicbl,
Wagoacr. Clapp, Bums
Nays : None
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Mayor Burns presented the resolution. a cenificate and City pin 10 Linda T . Donelson.
(f) A resolution appointing John Femsuum. Ill to lbe Clean. Gn:eo and Proud Commission
-COlllideml.
TIie l'CIOllllioa -assigned a number and read by title :
RESOLlTnON NO. 57, SERIES OF 1996
A RESOLlTnON APPOINTING JOHN FERNSTIUJM, Ill TO 11IE CLEAN, GREEN AND PROUD
COMMISSION FOR 11IE CITY OF ENGLEWOOD, COLORADO.
COUNCR. MEMBER RA TBA WAY MOVED, AND IT WAS SECONDED, TO Al'PllOVE
AGENDA ITEM I (0 -RESOLUTION NO. 57, SERIES 01' 1"6.
Motion carried.
(g)
considered.
Ayes: Council Members Hathaway. Vonninag. Wiggins. Habenicht.
Waggoner, Clapp. Bums
Nays : None
A resolution appointing Joshua Fowler to the Board of Adjustmenl and Appeals was
1be resolution was assigned a number and read by title :
RESOLUTION NO. 58. SERIES OF 1996
A RESOLUTION APPOINTING JOSHUA FOWLER TO 11IE BOARD OF ADJUSTMENT AND
APPEALS FOR 11IE CITY OF ENGLEWOOD. COLORADO .
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM I (&) -RESOLUTION NO. 51, SERIES 01' 1"6.
Ayes : Council Members Halbaway, Vorminag, Wiggins. Habenic:bt.
Waggoner, Clapp. Bums
Nays : None
Motion carried.
Mayor Bums presented the resolution. a certificale and City pin to Joshua Fowler.
(h)
considered .
A resolution appointing Linda Fudge to the Clean. Green and Proud Commission was
1be resolution was assigned a number and read by title :
RESOLUTION NO. 59. SERIES OF 1996
A RESOLUTION APPOINTING LINDA FUDGE TO 11IE CLEAN. GREEN AND PROUD
COMMISSION FOR 11IE CITY OF ENGLEWOOD, COLORADO .
COUNCR. MEMBER RA TBA WAY MOVED, AND IT WAS SECONDED, TO Al'PllOVE
AGENDA ITEM I (II) -RESOLUTION NO. 5', SERIES or 1"6.
Ayes : Council Members Hathaway, Vorminag, Wigias. Habenic:bt.
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Eackwood City C1N1ncil
J•ly 1, 1996
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Mayor Burns presented the resolution. a certificate and City pin to Linda T . Donelson.
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(f) A resolution appointing John Fcrnstrum. Ill to the Clean, Green and Proud Commission
was considered .
Thc resolution was assigned a number and read by title:
RESOLUTION NO . S7, SERIES OF 1996
A RESOLUTION APPOINTING JOHN FERNsntUM, Ill TO 11fE CLEAN, GREEN AND PROUD
COMMISSION FOR 11fE CITY OF ENGLEWOOD, COLORADO ,
COUNCR. MEMBER RA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM I (f) • RESOLUTION NO. 57, SERIES OF 1996.
Motion carried.
(g)
considered .
Ayes : Council Members Hathaway, Vonnittag, Wiggins, Habenicht.
Waggoner. Clapp, Bums
Nays : None
A resolution appointing Joshua Fowler to the Board of Adjustment and Appeals was
Thc resolution was assigned a number and read by title:
RESOLUTION NO . 58. SERIES OF 1996
A RESOLUTION APPOINTING JOSHUA FOWLER TO 11fE BOARD OF ADJUS'TMENT AND
APPEALS FOR 11fE CITY OF ENGLEWOOD . COLORADO .
COUNCR. MEMBER RA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM I (&) -RESOLUTION NO. 51. SERIES OF 1"6.
Ayes : Council Members Hadlnay, v--., Wigills, Habcnicbt.
Waggoner. Clapp. Bur1IS
Nays: None
Motion carried.
Mayor Burns presented the resolution. a ccrtificalc and City pin to Joshua Fowler.
(h)
considcrcd.
A resolution appointing Linda Fudge to the Clean, Green and Proud Commission was
The resolution was assigned a number and read by title:
RESOLLITION NO . 59. SERIESOF 1996
A RESOLUTION APPOINTING LINDA FUDGE TO 11fE CLEAN, GREEN AND PROUD
COMMISSION FOR 11fE CITY OF ENGLEWOOD, COLORADO.
COUNCR. MEMBEa IIATBAWAY MOVED, AND IT WAS SECONDED, TO Al'PllOVE
AGENDA ITl:M I (la) • ltESOLUTION NO. 59, SERIES or 1"6.
Ayes: C...:il wa.ers Halhafty, Vormiaaa, Wiaia Hlbalidll.
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Enclewood City C•llcil
July I, 199'
Pawe6
Wagoaer. Clapp. Burm
Nays : None
Motion carried.
(i) A raolulioll appoillling Man Guy to tbc W-.r ud ~ Board was considen:d.
The rm>lulioa -assigned • number and rad ~ title :
RESOLUTION NO . 60. SERIES OF 1996
A RESOLUTION APPOINTING MATI GUY TO 11iE WATER AND SEWER BOARD FOR 11iE
CITY OF ENGLEWOOD. COWRADO.
COUNCU. MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM I (i) • RESOLUTION NO. 60, SERIES OF 199'.
Ayes : Council Members Hathaway, Vormittag, Wiggins. Habenicht.
Waggoner. Clapp, Bums
Nays : None
Motion carried.
Mayor Bums presented the resolution. a certificate and City pin to Matt Guy.
0) A resolution appointing Rosemary LaPorta Kreiger to the Cultural Arts Commission
was considered.
The resolution was assigned a number and read by title:
RESOLUTION NO . 61. SERIES OF 1996
A RESOLUTION APPOINTING ROSEMARY LAPORTA KREIGER TO 11iE CUL TIJRAL ARTS
COMMISSION FOR TIIE CITY OF ENGLEWOOD. COLORADO.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM I (j) • RESOLUTION NO. 61, SERIES OF 199'.
Motion c:arricd.
Ayes : Council Members Hathaway, Vormittag. Wiggins. Habenicht,
Waggoner. Clapp. Bums
Nays : None
Mayor Bums presented the resolution. a certificale and City pin to Rolcmary LaPor1a Kreiger.
(k)
considered.
A resolution appointing Edward Krueger to tbc Cullunl Arts C'nmmiaioo -
The resolution was assigned a number and rad by title:
RESOLUTION NO . 62. SERIES OF 1996
A RESOLUTION APPOINTING EDWARD KRUEGER TO 11iE CUL 11JJlAL ARTS COMMISSION
FOR 11fE CITY OF ENGLEWOOD. COLORADO .
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Eackwood City Council
July 1, 1996
Pace7
COUNCU.. MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 8 (k) -RESOLUTION NO. 62, SERIES or 1996.
Ayes : Council Members Hathaway, Vormittag. Wiggins. Habenicht.
Waggoner. Clapp, Bums
Nays : None
Molioo carried.
Mayor Bums presented the resolution, a certificate and City pin to Edward Krueger.
(I)
coosidcRd.
A resolution reappointing Dorothy Martinez to the Liquor Liceasing AUlbority -
The resolution was assigned a number and read by title:
RESOLUTION NO. 63. SERIES OF 1996
A RESOLUTION REAPPOINTING DOROTiiY MARTINEZ TO l1iE LIQUOR LICENSING
AUllfORITY FOR l1iE CITY OF ENGLEWOOD . COLORADO.
COUNCU.. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 8 (I) -RESOLUTION NO. 63, SERIES or 1996.
Motion carried.
(m)
considered .
Ayes : Council Members Hathaway, Vormittag. Wiggins, Habenicht.
Waggoner, Clapp, Bums
Nays : None
A resolution recommending reappointing Debra Medlock to the Housing Authority -
The resolution was assigned a number and read by title:
RESOLUTION NO . 64. SERIES OF 1996
A RESOLUTION RECOMMENDING DEBRA MEDLOCK FOR REAPPOINIMEt.rr TO l1iE
HOUSING AUllfORJTY FOR l1iE CITY OF ENGLEWOOD , COLORADO.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 8 <•> -RESOLUTION NO. "· SERIES or 1"6.
Ayes: Council Members Hathaway , Vormittag. Wigias. Habenicht.
Waggoner, Clapp. Bums
Nays : None
Motion carried.
( n) A resollllion appointing JOIII Milelto to the Cullural Ans Commiuion was COlllidend.
The resolllllOII was assi ped a number and read by title:
RESOLUTION NO . 6 5. SERIES OF 1996
A RESOLUTION APPOINTING JOAN MILE1TO TO 11iE CUL 11IRAL ARTS COMMISSION POil
11iE CITY OF ENGLEWOOD . COLORADO .
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Eapewood City C1N1ncil
Jaly I, 1'96 •••
COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM I (D) -RESOLUTION NO. 65, SERIES or 1'96.
Ayes: Council Members Hathaway, Vonnittag. Wiggins, Habenicht.
Waggoner, Clapp, Bums
Nays : None
Motion carried.
Mayor Bums presented the resolution. a cenifiCIIC and City pia to Jou Miletto.
(o) A resolution appointing Bob Powell to the Englewood Dowatowa De\'CJopmeal
Authority WU considered.
The resolution wu assigned a number and read by title:
RESOLUTION NO. 66. SERIES OF 1996
A RESOLUTION APPOINTING BOB POWELL TO ENGLEWOOD DOWNTOWN DEVELOPMENT
AU11fORJTY .
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM I (o) -RESOLUTION NO. 66, SERIES Or 1"6.
Motion carried.
(p)
considered.
Ayes: Council Members Hathaway, Vonnittag. Wiggins. Habenicht.
Waggoner. Clapp. Bums
Nays : None
A resolution appointing Jaact Spangenberg to the Cultural Ans O!mmillion -
The resolution was assigned a number and read by title :
RESOLUTION NO . 67. SERIES OF 1996
A RESOLUTION APPOINTING JANET SPANGENBERG TO l1U: aJL nJRAL ARTS COMMISSION
FOR 11iE CITY OF ENGLEWOOD. COLORADO.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED. TO APPROVE
AGENDA ITEM I (p) -RESOLUTION NO."· SERIES or 1"6.
Ayes : Council Members Hadwway, Vonnittag. Wiaias. Habeaicbt.
Waggoner. Clapp. Bums
Nays : None
Motion carried.
Mayor Bums presented the resolution. a certific:ate and City pin to Jaact Speap:ttberg.
(q) A resolution appointin& Kris Sfya to the Cultural Ans C_.,illiM -ca · 1 al
Council Member Hathaway pointed OUI thal Ms. Sfya spells her &r. -willl I K ud sllc .... dull
Ille body of the raolution be comc:ted to reflect that .
The resolution -amped I number and read by title :
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Englewood City Cooncil
July 1, 1996
Paie9
RESOLUTION NO . 68, SERIES OF 1996
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A RESOLUTION APPOINTING KRIS STYES TO 1liE CUL 1URAL ARTS COMMISSION FOR 1liE
CITY OF ENGLEWOOD. COLORADO.
COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM I (q) • RESOLUTION NO. 68, SERIES OF 1996.
Ayes : Council Members Hathaway, Vormiuag, Wiggins, Habenicht.
Waggoner. Clapp, Bums
Nays : None
Motion carried.
Mayor Bums stated that once again be would like to thank all of the volunteers and asked that they all be
given a round of applause for volunteering to help the Ciry .
9. Public Hearin&
(a) COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO
OPEN THE PUBLIC HEARING TO GA TRER CITIZEN INPUT ON CONCRETE
REPLACEMENT DISTRICT NO. 1995.
Ayes : Council Members Hathaway. Vormittag, Wiggins, Habenicht.
Waggoner. Clapp. Bums
Nays : None
Motion carried and the public bearing opened .
All testimony was given under oath.
Director Esterly entered into the record Proof of Public:atioo of Notice of Public: Hearing. which was
published May 23. 1996. May 30 , 1996 and June 6, 1996 in the Englewood Herald . He advised that the
Ciry n:ccived five leners concerning this Distrid. which the Clerk bas .
fClerk 's note : The Ciry Clerk provided Cooncil. Ciry Manager and Ciry Attorney with copies of the five
lc:acrs.j
Dim:tor Esterly advised that the bill for an ordinance assessing cosu and a call for a public bearing oo
July I . 1996 was approved by Council on May 20. 1996 . He explained that the docwnents, Council was
pn:viously provided, include a diagram of the typical c:onaete sections that are in the Distrid. He not.cd
that this is the last distrid that we had mandatory coaacte in. and that we have no future mandalory
district planned. He said that on the typical concn:te sections in black are the estimaled a1111 at dillric:t
formation and on the right hand side in red are the aaual bid amounts that came in . Mr. Esterly
explained tbal those bid amounts are the prices tbal people are actually being aacssed at. He offered to
answer any questions that Council may have . He pointed out that the Distrid SW1cd ou& at 330 properties
and wilh people taking permits and delays that we had. people went ahead and took care of things, that we
are down to 230 mandatory concrete improvements lhal are being aacssed --
Mayor Bums noted that some the letters are talking about qualiry of the work and that -, of thin&-He
asked Mr. Esterly bow he addresses thole depending upon who performed tbc work? Dim:tor Esterly
advised tbal they are meeting wilh each one of the people and many Ibey already have IDCI with. He noted
a a,uple of the letters have 10 do wilh the sale of the property durina the time the work was done and llal'
bas talked 10 those people . He pointed oot that thal is really a condition of the Illa COIIIJ'lld ud Ibey will
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July 1, 1996
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be working wilh their real cstale agenl to resolve who pays . He noled, lhac in general looking at lbeir
conlracls, ii says the seller will pay and has not paid . So !hat is between the individual propeny owners
and their agents. Mr. Esierty commented thal one lener was not a qualily issue as muc:h as a request for
additional concl'CIC. Thal one. he advised. is being resolved by replacing one additional concrelC stone in
the cwt, line. He noted thal that was kind of an area where they got caught into Council desiring to limit
the amount of properties or concrele tbat was involved. or thal we were involved wilh. SCYel'8I years ago
when they were doing tl1CSe evaluations. He said that they really wanted to 1.ero in on only the UUly worst
concrete so we may have let up in this case on one SIOne that probably needed to be done anyway . He
commented that that happened to be a case where the concl'CIC looks sound but is out of alignment. He
said it really showed up when they pul the IWO adjaccnl back into the true alignment of the cwt, and gutter
line. it caugbl waler. Thal one. he advised. is being laken care of. Director Esterly stallld one of the
letters is from Ann Nabholz. which describes an entire series of events, but it really does not make muc:b
of a request. He said the letter kind of says that gee. I don 't know if the assessment amount can be lower
or not. But aside from that. he noted that it looks like those issues have all been resolved and were
resolved at the completion of the conSlruction .
Mayor Bums noted lhal Ms. Nabholz has signed up to speak 1onigh1 al lhis public bearing. so perhaps
COUDCil will hear some more on 1ha1.
Mayor Bums asked if Council had any questions for Director ES1erly .
Council Member Clapp noted chat one of the letlers Slated lbat they were not notified al closing. She
asked Mr. ES1erly if the Cicy puts a lien on Ille propeny when we do SODIClhing like this. so lhal when the
ticle is lraosfered lbere is something there. Director Esterly said not uncil this assessment process IOCS
lhrough . However. he poimed ouc. lhac it is a si1ua1ion that lbe seller is definicely aware of and they have
an obligation to disclose thal informacion . He said he believes that in both imtances it was disclolcd. but
the money bas DOI been paid at this point in lime. He noted that that is really an obligation ol the real
eswc agenc to have seen that lhac was 1aken care ol.
Council Member Vonninagasked Mr. Esterly. reprding lbe letter from Cbarles lbbolmn. if-
wenl OUI and looked al lhe concrele work lbat was done that they are complaining abour? Mr. Eslcrty
stallld that there is a lillle bil of confusion on that one because be seems to have expected a piece ol
concrelC work between cbe sidewalk and the cumline. 1hat is bis driveway. was going 10 be replaced as
part ol the concrete district . Mr . ESlerty noted lbal we deal wilh the cwt, and gutter line and we deal with
the sidewalk.. we don ·1 mandate 1l1a1 somebody replace their driveway . So. be said. that piece of conaese
work was not included and he was also not assessed for chat work. Council Member Vonniuag asked
aboul the piece he is also llllking about. 1ba1 was broken that was replaced . Mr. Esterly advised that we
will resolve that wilh him . 1ba1 he is not sure 1ba1 Ihm: is a large clifficu11y wilh that . Director Esterly
said that he is not sure he would cliaracterize ii as such a shabby job. but he bas an opinion and we have
320 propenies oul there .
COUDCil Member Habenichl. 10 follow up on lhal. asked how 1he Cicy notifies a propeny owner abour whal
will and won '1 be . how do we clarify 11111 driveway ponion. apron or whatever we c:aU that. Director
Eslerly answered thal as 5lalf goes DUI 10 do lhe projects Ibey mart. with red paint. the cwt, ud pllCr
sections and lhe sidewalk sections 1lia1 are scheduled for n:placcmenl. He said saatl'-id DOI have
marted bis driveway and lbat ii is reall y jusa a misundel'Slallding on bis pan. as be seems 10 be under lbe
impression that 1his driveway was going lo be replaced.
COUDCil Member Hacbaway asked Mr . Eslerty if 1be Cicy also sends OUI a cenified lcncr advisin& thll their
propeny is now liaed under 1he concrete district and Ibey should now look for ,._ mutunp. Director
ESlerly said he is sure we send ouc a le11er advising 1ha1 they are in the district. 1-. be uid be ii not
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Englewood City Council
July I, 1996
Pace II
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sure if that letter contains infonnation about that. Ms. Hathaway advised that her letter says to look for
the markings. She asked why her driveway was the only pan that was replaced if they don 'I do those
routinely as pan of the districts? Director Esterly said they can talk about her panjcular case. but that he
is not sure they are talking about the same driveway. He staled the driveway they are talking about here is
an infill between a detached sidewalk and a venical curb and gutter line. Council Member Hathaway said
then they are talking about from the sidewalk toward his property. Director Esterly said that is right. lhal
it is not an attached sidewalk at this location. that it is detached. Council Member Hathaway said that she
understands. Director Esterly said he was also not charged for the work.
Mayor Bums asked if Council had any other questions of Director Esterly. There being none. he thanked
Mr. Esterly.
Mayor Bums noted that some citizens have signed up to speak, two of which have submitted letters which
Council has received.
Ann Nabholz. 2990 South Delaware Street. DOied that as Director Esterly stated her letter may have not
been clear enough as 10 what she is requesting. She advised that she is requesting a consideration of the
potential of ii to be lowered. but the major consideration she is asking for is 10 move this concrete
replacement inl.o a utility and that Council can read her letler. Ms . Nabholz said it was a mess. She said
she chose to go with the City because she had had such a problem when she had her roof repaired in July
of t 991 after tJie hail storm. She commented that if it hadn '1 been for Paul Kapaun. Chuck Esterly and
Jim BlumentJial she would probably never have gouen through this . Ms. Nabholz staled this was an
absolute nightmare. 1ha1 the construction company did a very poor job. Slie said once she go« in touch
with the City they followed tJuough on their end and they were very willing to deal with her. However.
she commented that she sincerely hopes that nobody else will ha,-e to go through what she had to go
through. Ms. Nabholz said that basically what her request is is in the letter.
Gene Michaud. 3985 South Inca Street. stated he just purchased his home in the last of NoYcmbcr of laSl
year. He noted as his letter states his home was sold by Ccntwy 21 Realty. Mrs. McKinney. He said thal
at the time they had ncgociations going on it was nol disclosed to them that she was the molbcr of the kids
that were selling the place. He DOied they found that out later. not through her. but through other means.
Mr. Michaud said that at that ti1ne Ibey bad tJie closing and everything on it . He stated she had to be lully
aware that this bill was pending and yet at the closing there was noching ever disclosed about an
encumbrance on this property. Mr. Michaud said he understands that the bill is billed agaimt the
property not the owners. However. he said be feels that somewhere along the line. in any kind of
business. if a job is completed. usually after thirty days the bill is sent even though they may not ask for
the payinent for six mon1hs but at least the people are notified of what the bill is going to be. He stated he
feels that the property owners should have been notified of what the bill is going to be on this certain piece
of concrete, whether they had 10 pay for it in 1996 or 1997 or whenever.
Mayor Bums asked if Mr. Michaud has sought recourse through Mrs. McKinney or talked to her7 Mr.
Michaud advised lie has called his rc.1l1or and she has contacted Mrs. McKinney and Mrs. McKinney says
slie doesn 't know anything at all about it . Conseque111l y. he said he thinks he will have his realtor's
lawyer send her a lcncr. Mayor Bums encouraged him 10 verify the City 's record on notification as well.
He said the City certainly sclll a notice and he asked Mr. Michaud if he had checked with the City about
notices'/ Mr. Michaud stated 1ha1 lie has the whole packet. that they were very great. He said the
Engineering Department was just great. in fact he advised that they delivered the whole packet to his
house within an hour from when lie called them which included the rqiacred receipt that he signed and
the whole ball of wax . Mr. Michaud said he thinks that was great. that he has liwd in Eapewood since
1932 and they just moved back to Englewood again. He stated that that It.ind ol lCIVic:e you jllll don't find
very often. Mayor Bums said he was glad to see Mr. Michaud got what he needed from the City. Mr .
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En~ood City Council
July 1, 1996
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Michaud noted that he got everything that he nccdcd and he will be turning it all over to his rcaltor in the
morning.
La Vcmc Redding. 4 752 South Decatur SIJ'cCI. said that Friday she received a letter in the mail swing that
there was still an outstanding bill on the concrae repair in front of her home. She advised that she
pun:hased the home on Man:h 22..s and she noticed when she purcba9cd the home that the a>ncrelC had
been repaired. Ms. Redding noted that the letterhead on the bill is for the people who lived there before
her, which is Frances Moncada. She stated that they have moved to Baltimore, Maryland and the people
who own the home beside her (it is a duplex home) arc Lany and Diane Schwnachcr and they do not live
in that home. Ms . Redding said that she called the Engineering Dcpanment today and they said there was
nothing on the computers that they had paid anything for the repair to the a>ncn:IC. So, she said. she
thought maybe they owe OD the concrete and maybe Frances Moncada had paid some OD iL Ms. Redding
staled she docsn 't know. but that she docsn 't really think that she owes on the CODCl'CIC.
Mayor Bums said that it seems to him that it is a combination of the record the City has as to which
property owes the bill. and sa:ondly her conlJ1ICI for purchase. Ms. Redding advised that the concrete that
has been repaired in half of the sidewalk. so half is on her property and half is on the other property.
Mayor Burns asked Director Esterly how he works with a duplex in that situation. Mr. Esterly explained
that the duplex would still have the single ownership. but in areas where there arc ownerships next to each
other and the stone lies on the property line they arc broken up bctwccn two propenies. He said there
would be no reason to charge one property for work that was done on another property if there is a divided
ownership. Mr. Esterly advised that this is the first that he has heard of this and he cncourqcd Ms.
Redding to speak with the Engineering Department and they can probably help her gel through this. Ms .
Redding noted that she called there this afternoon and that is what they told her. Mayor Bums said in
other words they can verify ii is a divided ownership. single ownership and who would owe the bill if it
needs to be divided. He commcnlCd that he thinks that she could fmd out all of that infonnalioa l'nlm Ille
City and then after that if a poruon of that is on her property then he felt she would bavc to lac* to her
contraa with the seller 10 sec which party is responsible under the contract. Ms . Redding said she tried to
gel in touch with her rcalty man. too. but she coukln ·1 gel in touch with him today. Mayor Bums SlalCd
the staff' would be happy 10 help her .
Council Member Hathaway advised Director Esterly that it appears that there is a portion of it assessed to
the property next door also. because it is described as that pan of lot 6-7 described as beginning northwest
corner. etc .. etc. Director Esterly said a small ponion of it. Ms . Hathaway said yes. it is $134.00 and hers
is $173.00. so it looks like we have done it proponionately.
Charles Ibbotson. 3 I SO South Bannock SIJ'CCI , stated he had written one of the letters Council discussed.
He said he has a question about the pan that wasn't replaced that was replaced on a lot o(tlle other
residences in the neighborhood . That ponion from the Sired. there's the gutter and it brings you up to the
sidewalk. He commented that it is like the worst pan of all the concrete and they replaced these two slabs
and the gutter pan. but on a lot of the ocher residences they did replace that center Slone which Council
Member Hathaway brouglll up. He noted Ms . Hathaway bad wanted to know why hers was replaced and
he said he would like 10 know why his wasn't.
Mayor Bums asked if he had talked to the Public Works Dcpanment engineering Slaff about this'/ Mr.
Ibbotson said he had not. Mr. Burns said he thought they would be happy 10 help him with this so that he
could receive all the infonnation he 1nay need. He said he noticed Engineering Manaacr Rick Kahm just
gave Ms . Redding a card and perhaps he could get a card from him tonighL Mayor Bums noted u they
ha\'C seen tonight rhe Engineering Dcpanmenl has been very helpful supplying infOflllllion on these
things and he fell they could enlighten Mr. Ibbotson on that and help take cue of the problem.
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Eackwa City Council
July l, 1996
Pagell
Mayor Bums asked if there was anyone else wishing to speak. 1bcrc was no one else present to speak to
the issue.
COUNCll. MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBUC
REARING ON CONCRETE REPLACEMENT DISTRICT NO. 1995.
Ayes : Council Members Hathaway, Vonnittag, Wiggins, Habcaicht,
Waggoner, Clapp, Burns
Nays: None
Motion carried and the public hearing closed.
Mayor Bums advised that as the schedule indicates the public hearing was this evening. Council will
consider amendments to the bill for an ordinance on Monday, July 15• and the ordinance will lllll be
introduced or passed this evening. He thanked everyone for coming to testify .
10. Coa1a1t Apda
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (i) THROUGH (iv) ON FIRST READING.
MAYOR BURNS REMOVED AGENDA ITEM 10 (a) (iv) FROM THE CONSENT AGENDA.
COUNCIL MEMBER HA TBA WAY AMENDED HER MOTION, AND IT WAS SECONDED, TO
REFLECT THAT COUNCIL WILL BE APPROVING CONSENT AGENDA ITEMS 18 (a) (i), (ii)
and (Iii) ON FIRST READING.
(a) Approve on First Reading
(i) CONSTRUCTION CONTRACT Wl11f TIIOU1T BRO'lliERS CONCRETE
CONTRACTORS. INC . IN IBE AMOUNT OF S 178.921.50 FOR CONCRETE PROORAM 1996 .
(ii) COUNCIL BILL NO . 33. INTRODUCED BY COUNCIL MEMBER
HATIIAWAY
A BILL FOR AN ORDINANCE APPROVING IBE WHOLE COST OF 1llE IMPROVEMENTS MADE
W)1l{IN PAVING DISTRJCT NO . 35 (NAVAJO) IN 1llE CITY OF ENGLEWOOD. COLORADO;
APPROVING AND CONFIRMING 1llE APPORTIONMENT OF TliE COST TO EACH LOT OR
TRACT OF LAND IN SAID DISTRJCT. ASSESSING A SHARE OF 1llE COST AGAINST EACH
LOT OR TRACT OF LAND ; AND PRESCRIBING 1llE MANNER FOR 1llE COl.l.ECTION AND
PAYMENT OF 1llE ASSESSMENTS .
(iii) COUNCIL BILL NO . 32 . INTRODUCED BY COUNCIL MEMBER
HATIIAWAY
A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF 1llE REGISTERED ELECTORS OF
TliE CITY OF ENGLEWOOD AT 1llE NEXT MUNICIPAL ELECTION A BALLOT ISSUE
AUTHORIZING 1llE ISSUANCE OF GENERAL OBLIGATION BONDS OF TliE CITY OF
ENGLEWOOD FOR 1llE PURPOSE OF FINANCING TifE CONS11tUCTION OF IMPROVEMENTS
TOT HE CITY'S WATER SYSTEM AND TifE PURCHASE OF WATER PROCESSING EQUJPMDrT
INCLUDING ALL NECESSARY AND APPURTENANT FACll.lTIES.
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E•&iewood City CINlncil
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Ayes : Council Members Halbaway, Vormittag, Wiggins, Habenicbl,
Waggoner. Clapp, Bums
Nays : None
Mocion carried.
(iv) Mayor Bums explained that be~ Agenda ltan 10 (a) (iv) from the Consent
Agenda because ii is a Housing Alllbority ilelll and. u be is the Housing Authority Cbainnan. be will be
abstaining from the VOie.
COUNCU. MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEM 10 (a) fiv) -ON nRST READING.
COUNCll. Bll.L NO . 3 1. IN'raOOUCED BY COUNCll. MEMBER. HA 11iA WAY
A Bll.L FOR AN ORDINANCE VACA TING A PORTION OF THE AU.EV IN THE 3000 BLOCK OF
SOU11i GALAPAGO STREET AND THE DEDICATION OF ADDmONAL AU.EV RIGHT-OF-
WA Y, LOCATED IN THE CITY OF ENGLEWOOD. COUNn' OF ARAPAHOE. STATE OF
COLORADO .
Voteraaltl:
Ayes :
Nays :
Abstain :
MOlion canied.
Council Members Hathaway, Vormittag, Wiggins. Habcoic:hl.
Waggoner. Clapp
None
Mayor Bums
(b) Approve OD Second Reading
'There were no ilCIIIS submitted for approval on second reading.
11 . Onliauca, Raohitiou ucl Motiom
(a) Approve on Fil'SI Reading
'There were no additional items submincd ror approval on lint reading. (See A,-la ltan 10 -Coascnt
Agenda.)
(b) Approve on Sec:ond Reading
There were no ilCIIIS submincd for approval on second reading.
12. Geaeral Dbculioll
(a) Mayor's Choice
I. Ma~ Bums said be ancndcd. aboul ICII clays qo. the CML Coafaeacc ill Vail ud be IIOped 10
submit a rcpon IO Council next week . He advilcd that be Cell ii WU aa cxcellcal .aion ud dull lie
anended ICYelal seaionl tbal be found IO be ol plllicular inten:ll includilla a. OD -,ic,,. lllaefils ud
another OD boum ud c:ommiaions. lbc saion OD boum ud CXJINDieioN pn,vided-illbaMiola
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En~ood City Council
July l, 1996
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on service on boards and commissions. the way different cities do lhal. He noted that some cities don't
have council members voting on any board except where they have 10 by Chaner. SWIiie or ordinance.
He said there arc different ways 10 approach that which he thought was very interesting.
2. Mayor Bums advised 1ba1 the EPA has given an award 10 the Lilllclon Englewood WaslCWaler
Treatment Plant. the region 8 award for maintenance excellence and he thought ii would be presented at a
later time.
3. Mayor Bums noted that he always bas asked qucslions about why the dcpol is so high.~ it
sits on the lot and that be was always told lhat ii was done because you needed to have the utility flow and
the sewer line. He said ii never made a lot ol scnse to him and it is not the reason why it is that high.
Mayor Bums advised that the reason is that lbc State HiSlorical Society firSI ol all noticed that lbc dcpol
was no longer right at the railroad track. ii had been set back. And he understands lhcrc was a CODIICl!P!S
and they proved this and thought ii was worthy. that it would be better to actually elcvale ii to .wt ol
display ii and also 10 expose the garden level in the back so ii would not be underground . So. he said, it is
more of a reason of postunng and displa~ing the depot. that ii sits so high rather tllan anything lhal bas
anything 10 do ,.;th utilities. He commented 1ha1 that made more sense 10 him than any othcr information
he has C\'Cr heard on that.
4 . Mayor Bums mentioned that the Englewood Housing Authority had its audit al the laSI meeting
in May and had no adverse findings whatsoever for SC\"Cral years in a row now. He noted that he is
Chairman of the Englewood Housing Au1bori~· and that they have been told that out of IS or 20 housing
authorities that this panicular comp;111y audits. this is the besl one they have. Mayor Bums noted ii was a
very clean audit and that a lot of 1ha1 is due 10 the wort of the Executive Director Paul Malinowski and
the Slaff.
S. Mayor Bums swed that Council has a press release this evening with rqard 10 a couple ol
articles in the Rocky Mountain News lasi week. one paniadarly on the 2,. cxcorialing the Housing
Authority and the City al Englewood for the housing rehab loans on the Horton property . He said this
rcponer. Ann Carnahan. from the Rocky Mountain News and cspccially Senator Mike Coffman.
Republican from Aurora, got both feel into this matter in a way dull he fell was nothing IIIOfe than a
hatchet job againSI the City of Englewood and the Housing Authority. He cmphasizcd lhat it was just
unwarranted. He noted that Executive Din:ctor Paul Malinowski called inlO a talk show on Kll.K, that
those two were on. attempting lo defend the Housing Authority againSI lbc allcplions that were being
given over the airways and also in the press. He said he heard a recording o( this. Mayor Bums SWcd
that within a few minutes of conversation Senator Coffman told Mr . Malinowski that he ought to find
himself another job. he made references in the newspaper article 10 the neglig,cncc of the Housing
Authority. that the Housing Authority cannot actOUIII for its money. he claimed that ovcnight did not
e:<ist. that the Housing Authority is not conccmcd where the money goes and where it is used. and that the
money for second loan on the property was lost. He said this was after Mr. Malinowski had ancmptcd 10
educate them both on the phone and on the radio broadcasl . Mayor Bums insiSled that all ol this is
nonsense. Mayor Bums explained that there were two loans on the Honon propeny . one for SIS.456 in
1982 for a variety of items. this he noted was a grant and the Housing Authority has had a variety ol lhcle
1ypc5 of loans over the years. He stated that if the homeowner lived in the propeny for five years lbc loan
was forgiven and that is what happened on the firSI one. He said there was an allegation in the paper on
the second loan and implied on the firs1 that Mr. Honon had been paid money in cash and that he had
pocketed it. Mayor Bums Slated 1ha1 none ol that ever happened. He said that the confusion in the
rcponcr and the Senator. as he understands it. is that when you pull permits for rehab loans the pcrmincd
portion of the rehabilation is given a value. bul you don 't pull a permit for cvciy single thins you dispcnle
money for in the rehab loan such as ule or C3f11C1 or paint and those 1ypc5 ol things. He said Iha& pan ol
the loan is always for items that arc not pcmuncd. so 1ha1 the loan disbunemcn& is always higher than the
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Englewood City c-il
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amount that you find in the building permits. And that docs not mean that the homeowner took that the
balance. the diffcrcncc.. and put ii in his pocket He advised that the money is disbursed lo the vendors
and suppliers. He said. incidentally on these loans. the money is not disbursed by the Housing Authority
or the City. it is disbursed by the First lntcrswe Bank of Englewood which has always been the lead bank
on this loan program . He commented thaL in ocher words. ii is disbursed just like any other bank loan.
He noted we have that control over this proa:ss. He said the second loan was for $26. 736.M which was
made in 1988 for an addition onto the house . Mayor Bums said they understand thal the first loan on the
properly. the Housing Authority's loan. lhal one is a second. that that one has a very low balance. He said
he understands it was originally approximately $15.000 and he thought that the balance now is about five
or six. Mayor Bums pointed out that even with the house gone. if it were scraped. they believe that the lot
has enough value to fully compensate the Housing Authority for the balance on this loan. which is a lien
against the real estate properly. So. he commented. the pronouna:mcnts in the paper that this money was
lost. this is wonhlcss. the Housing Authority has no standards. it docsn "t have records. he noted that it is
all nonsense. Mayor Bums said I hey have gone through the files. they pulled the files and have invited
the press. by the press release today. to come and look al these files. that every single penny of
disbursement is accounted for on lhcse loans and not a a:nt of it ever went 10 Mr. Honon to put in his
pocket .
Mayor Bums advised that Mr. Malinowski just told him this C\'Cning that he talked about an hour tonight
with a new reponer from tl,e Rocky Mountain News 1ha1 has been assigned 10 this story. 11\at he went
over in detail these items and is going 10 call her back again this evening. because she is on duty until late
at the paper. Mr. Bums staled that they understand that there will be another rcpon in the paper
tomonow morning which hopefully will detail the facts of this matter.
Mayor Bums explained that this Housing Authority loan program is about twenty years old. that there
have been about $8 million in loans that have gone through this program since 1977. He said he knows
from experience that the default rcpon on this program is equal or less than that of banks. They have bad
a very good success ratio with these loans and ii has been an cxa:llcnt program. He said thal he thought
over 400 of these loans have been done and they have ne\"cr had this kind of adverse publiciry on this
program before. He staled he does not know wh)' Senator Coffman chose to jump in the middle of
Englewood's situation. He said they also had the press person that repracnts the Ciry talk to the News
this morning and he thought 1ha1 is where we got the new reporter. He noced thaL as he uaderstands iL
the press often times 1f they throw a Slory out like this and they are asking for records. they don ·1 do
another one until they get some response on the record . He said they jUSI went right ahead with anochcr
story that was just as damaging as the first one. Mayor Bums swed he is involved with this because he
has been on the Housing Authority for so long. but that there just is no excuse for the kind o{ activity thal
has gone on here with this senator and this rcponer 1'i thout getting some faas in froot of them. He said
he thinks the facts reveal that this program is cntin:I)' corn:ct in the way that it opcralCld. that it has new:r
been accused of fraud or misn:prcscntation of any lund during its history. And. he said. it has cenainly
not done so now. He said he· s sorry he 1'"Cl11 on a bit. bul he feds ~ SllOllslY about this and he docs
think any ciry should be vilified lhe way that Eng!C\>ood has in the lasl wed( as unfairly as it has been
done in these stories. He stated he thinks that 1h:11 \\111 be corm:ted hopefully.
Council Member Waggoner asked about suing him . Ma)-or Bums said that we are a Ciry and he didn 't
think that we could sue him. Mr. Waggoner asked about dcfamalion o{ chanlclcr. Mr. Bums stated that
there was a IOI of defamation in there that 1s for sure. but whether thll is actioaablc: is anodlcr question .
He said he thinks in fact that probably a toe of people cbdn "t -the llory and they don "t wam to OYCrdo it
as far as emphasis on it or not. but that he thinks the City and the Housing Authorily should defend
themsel,u in this kind of silU31ion . I •
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Englewood City Council
July 1, 1996
Page 17
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Council Member Wiggins asked if tbey could ask Senator Blickensderfer to have a little tallc: with Senator
Coffman. Mayor Bums said he was glad he brought that up, that be called Senator Blickensderfer today
and they missed each other on the phone and he thought City Manager Clark had missed him also. He
staled that Senator Blickcnsderfer is very well acquainted with these programs and with the City and that
be has been very fair, very approachable and a very good representative to communicate with as our local
senator on these matters. He said he is hoping the Senator can help us out on this a little biL Council
Member Waggoner said that if nothing else he thought we should write a letter and ask for an apology.
Mayor Bums advised that the Housing Authority Board voted last week to do just that and that is in draft
and he hopes to have it shonly. Council Member Habenicht and Council Member Waggoner a>mmellted
that they thought Council should do that also. Mayor Bums agreed that perhaps the City sbould as well
and that he will take their advice on that since he will essentially sign both letters .
COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, THAT COUNCIL
DRAFT A LETTER ASKING FOR AN APOLOGY FOR THE Ern:CT THAT TBA T MIGHT
RAVE ON OUR ENGLEWOOD HOUSING AUTHORITY IN THE CITY OF ENGLEWOOD.
Ayes: Council Members Hathaway, Vonnittag. Wiggins. Habenicht.
Waggoner. Clapp. Bums
Nays : None
Motion carried.
Mayor Bums commented that he appreciates that .
(b) Council Member's Choice
(i) Council Member Hathaway :
I. She said that last week any Council member. that allCllded a Ciadadla Cily--.. .... IIIM
gotten a letter regarding the fact that the draft summary repon will be available • l'ta;,t 1loM ...
Business Development as of the morning of Tuesday July 9*'. SIie : a 11 d dial 111c lllillb dill •
someching that also should go in the p-. because they did have. wtea tliey did "'-'I ... ---
interviews. a lot of people who said that they had imeaded to aaend -al Ille .._ 111111 did --SIie
said she thinks that t~· should have the opponunity as well. to "-wtea tllal drift 11 1111111 ID be
available. She said interestingly enough hers was mailed from the City al Eaglnood ID die Cily al
Englewood so she thought we should check our mailing Ii• a liUJe bit better bdare we ..t dlUlp GIii
because it came out in her packet anyway . She said we spent 32cenu to mail it from -aid al die uU to
the other end of the hall .
Council Member Hathaway said that she would also like to make sure 1h11 the public knows tbal the ibid)'
session where this will be presented to Council is Wednesday, July I~ al 6 :00 p .m . in the Community
Room at City Hall. She stated she would like to welcome everyone to mend to hear what thole input
forums came up with from the citizens. She said she thinks it is lime tbal we can now move on. because
we have done our public process .
Council Member Habenicht said to tag onto what Council Member Hathaway jUSl asked about. she wanted
to know how arc we publicizing that and if that is son of a follow-up meetina do we believe tbal we have
ample room in this room if all the people who came to all the f--.Id come . She asked if this is the
right location. Mayor Bums said that is a good question. He noted 1h11 we did not have a lot of rq,eaa
from one meeting to the other. that they accomplished their JIW1IOle which was to gel different people to
come to dift'erent meetings from different pans of the City. Mayor Bums asked if City Manqer Clark
would have any way oflmowing how many people would actually come. City Manager Clark staled be
would put that 1111 that staff meetang agenda meeting tomonow and they -.Id visit the ~-
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Englewood City Council
July I, 1996
Page 18
Council Member Habenicht commented that if Council is sitting in a study session and talking to each
other then the people who arc behind them who have come and arc inlcRsted in bearing what the
discussion is all about they don · 1 have that opportunity. She said mayt,c they can address that through
some public address meetings.
Council Member Hathaway noted that when Council has done tow11 meetings in this particular room Ibey
have sat at tables out front here and faced cwrybody and that may be a bcaer way to do iL Sbc said the
other thing is that in order to facilitate us moving on with this procas she would like to set a delldline
date if indeed somebody docs pick up one of these draft rcpons and waaa; to solicit a written comment.
Ms. Hathaway said she thinks we need to put a deadline on those so Council is DOI sitting around waiting
for written comments from the people who might have been in the forum. picked up the did report,
wcn:n't able to be here on the 10• but want to make a commcnl anyway. She said she thinks Ibey want to
make SUR that there is mmc final deadline to this process.
Discussion ensued rqarding an appropriate deadline.
Council Member Hathaway said that she secs the potential for something coming up that will drag out this
process out even funhcr and she docs not want that 10 happen.
Mayor Bums said he felt that was a good poinL that Council needs lo move it along and he noted the
citizens arc ccnainly telling them that they need 10 move it along.
Further discussion ensued regarding an appropriate deadline.
COUNCIL MEMaER BA THAW A Y MOVED, AND IT WAS SECONDED, 111A T COUNCIL
MAD THE DEADUNI FOR PUauc COMMENT ON THE DllAn' llEl'ORT ON THE
CINDI.ULLA CITY FORUMS TO al JULY JO, I"' AT S:tl P.M.
Ayes : Council Mcmbcn Hathaway, Vonnittag. Wiggins. Wagoocc. Clapp.
Bums
Nay1 : Council Member Habenicht
Motion carried.
Council Member Habcnicbt said she would like 10 explain her IIO WIC. Sbc advised that ber 110 VQIC docs
DOI have anything to do with bringing closure to an issue or to a forum. but that she doesa 't think thal it is
C\'CI' approprialc for a Council to limit the end ol a public comment thal any public would like to l8llr.c oa
anything. She said whclher or not they arc going to make any alterations or any ooasideralions. e\'ell
though they really didn ·1 have any discussion on lhat. she staled sbc jusl feels uncomfonablc saying that
we arc C\'CI' not going to take public comment on something. Council Member Hadlaway staled that isn't
what it said. it is written comment Council Member Habaliclll said 11111 sbc undcnlaadl thal. Mayor
Bums said that he docs not lhink thal is what this is. Council Member Habenicht staled tbaa thal is the
reason. Mayor Bums Slated Council will always take public aJffllMIIIS. that it is jull a maaer ol moving it
along after a ccnain dale. Council Member Habenicht said she agrees with that. but that thal was her
concern.
2. She stated she is looking forward to Thursday.
(ii) Council Member Vormittq said thal -iaidenls. and he and his wife. took
a long walk through Englewood and became cona:med lbcllll die dead uecs. He said there are just paiq
to be so many dead trees out there lhal they arc raally becoming a bazlrd. Mr. v~aaa ncMed thal -
is probably eight inches round in his alley two doors up. it blew over ud jd cowered die alley . He aid
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Engl-ood City Cooncil
July 1, 1996
Page 19
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finally this weekend the guy got out there and cut it all up and got it out of there. He: opined that this is
getting out of hand and that it is almost to the point that the City should go around and swt marlting
those things blue or something so we know that they arc dead. So when the fall comes around and all the
leaves arc off". all they arc is just a bunch of dead trees. nobody knows that they arc dead. He SWCII that
some sort of notice or something needs to be put out about getting rid of these dead trees. because all they
arc doing is collecting diseases and all kinds of problems.
Mayor Bums asked City Manager Clark if that is pan of the regular neighborhood code cnforccmcnt or if
that would have to be something extra. Mr. Clark said he wanted to talk to Slaff" tomorrow, but he noted
that they arc positioning the parts division to handle the forestry type. so it would probably come out of
that division.
Council Member Vonninag stated that he would like to sec an updalc: on that money that they were going
to be giving away to help take tllCIII down. where they stand with thaL He asked if anybody has even
applied for that? City Manager Clark said that he thought we have had some people:. Council Member
Vorminag stressed that he feels we really need to stan enforcing the dead trees before November rolls
around and you won 't be able: to tell that they arc dead anymore.
Council Member Clapp advised that they arc working on il that she has seen them and thal in fact. they
came down her block.
(iii) Council Member Wiggins:
I . He: stated that Council got in their mail Council Bill No. 4 regarding the Cultural Ans
Commission. He: asked how their budget is set. Mayor Burns said there really isn't a budget for the
Cultural Ans Commission as he understands it.
Council Member Wiggins said that . as he read the Council Bill. it gives thcm authority to have funds and
yet he was curious as to who sets their budget for them . Mayor Bums said he: thought it would be up to
them to propose any funding they would want . Council Member Wiggins said then they would submit a
budget to Council and Council would approve it . Mayor Burns said yes. that there is no budget at this
point. Mr. Wiggins said he knew that there wasn't. but he was just curious.
2 . He: gave kudos to Public Works Director Chuck Esterly and Traffic Engineering Analyst Ladd
Vost.ry for getting hold of DRCCXi regarding the timing of the lights down Broadway. Council Mc:mbc:r
Wiggins said he appreciated their invitation to come and dri\'C with them. He said he has driven it and
since: he: mentioned the timing of the lights they ha\,: gonc:n in line and they arc doing fine. that he came:
out sc:vcral times last week at different hours of the day and the lights seem to be timed. He: thanked them
for whalC\'Cr they did. for whoever built a fire .
3. He: said he wanted to mention that he did bring up the issue: of accidents at the intersection of
Aoyd and Logan and he Slill goes back lo Colorado Revised SWUtc:s §424-S06 which has been adopted
by the Englewood Municipal Code: under 11 • 1 • l . He said when a red lens is illuminated the vehicle that
has it shall Slop. Council Member Wiggins Slated that he read the information they scnt out it in the
packet. about the four accidents that have occurred for the first of the year, that they all happened after
nine. ten o · clock at night: three were going c:aSI and one: was going WCSI on Floyd. they ran the red light.
Mr. Wiggins staled he: Slill disagrees with the: idea of taking that off four way Rash because it is srupid
drivers is what it boils down 10. He said he docs not know what the case wu. whc:thc:r there was any
drinking involved because they didn ·1 get a copy of 1he accadc:nt report. He said he doc:sn "t know bow you
an: ever going to eliminate Slupid drivers. that they are going to be: there all the time: and run a red light.
He pointed out if you check out your basic manual pvc:n out to bc:giMing drivers it is right in there telling
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EncJewood City Council
July I, 1996
Page 20
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people that they must stop a1 a flashing n:d light or if a light is out you must U'Cat it as a four-way stop
sign. In !his case. he no1ed. they are looking al a flashing n:d and just stupid dri\'ers run it. So. he stated.
he disagrees with them taking ii off and he would just as soon like to see them put it back on to flash
again. Mr. Wiggins said he chc:cked with the City Anomey's office and tbcrc have been no lawsuits
against the City regarding those four accidents so he did think we are having any liability problems. He
said it is just his comment.
4 . He said he no1ia:d the Gothic Tiieatcr and the building next door 10 it on the south. the
ratauranl. have quite an accumulation of weeds. Council Member Wiggins SlalCd that he feds we should
talk 10 the ownen about cleaning up weeds around there.
S. He offered kudos to the Public Works Deparunc:nt regarding the sidewalks along Belleview. He
said the sidewalks are looking beautiful. He: commented that they trimmed some uees al Belleview Part
when they came back down in there to build up the bank 10 hold the sidewalk. They cut all the limbs and
then laid them up against the City fence there . He said either the Parks or contractor has to clean them
out. but there is a slew of tree limbs in that area .
(iv) Council Member Clapp said she wanted to pass out the letter that she put
together for Social Services. She asked that those Council members that would like to sign on please do
so. Mayor Bums said that maybe Council could read that as they go or later after the meeting.
(v) Council Member Waggoner:
I . He advised that Council Member Hathaway just gave him !his evening some additional stuff on
the Campaign for Tobacco Free Kids. He said he knows that Council has already passed the ordinance
and ii is already in affect. diminating use of tobacco by minors . Council Member Waggoner said that he
saw the memorandum from Division Chief Moore 10 Dircc:tor of Safety Services Al Stanley. He stated he
agrees with them that the letter going out 10 CML and other communities should actually be signed by the
City Manager or maybe even all of Council if everybody agrees and try to get that going around the State
and at least let them lcnow what we've done and what our position is and how we have handled it and Fl
going on that . Council Member Hathaway said she thinks ii should be signed by all of Council and that
she has some other information she forgot to bring 10 him. that ii is called Smoker's Advocalc . She said it
is kind of on the other side similar 10 the Phillip Morris stuff that is kind of endorsed by the tobaa:o lobby
but ii is against having kids smoke. She said she will bring that to him also.
Council Member Habenicht said that she thinks ii is important to mention that they had a tri-cilics
meeting with Lillleton. Englewood and Sheridan City Council Members and Englewood's smoking
ordinance was a topic of interest and discussion. She said she thinks tbcrc is a lot of intercs1 and that
Englewood took a bold move and she thanked Council Member Waggoner. She said she thinks a lot of
people are wanling 10 jump on lhal b.'lnd wagon .
Council Member Hathaway suggested that when they draft the letter they might also want to poim to
Englewood's history of being in the forefront of this panicular item because we were also the firs& City to
pass non-smoking areas in res1auran1s . She said you can research tbal with GASP, the Group1 to
Alleviate Smoking Pollution. She IIOled we were the first City to pass an ordinance. to where if you had
so many scats in your restaurant you had 10 113\'C a non-smoking area.
Council Member Habenicht said that whenever people men&ioa our ordinanoc: she said she mentions lbc
position paper that Cowx:il Member Waggoner developed and praealed to Council aarl how mapelli•
that was. She stated that she would like 10 n:,ques1 thal that politioll paper « -redraft o( dial policioa
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Englewood City Council
July l, 1996
Page 21
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paper. maybe adopl that as the City's position paper and sent out with any information that we provide
because it was so strong.
2. He said he would like to find out where we are on the suney on the cffcctivcness of EDDA. if it
bas been SWted or if we are about to start. who we are assigning to it and kind of an updale on that. He
said be thinks we need to do that with City staff and he is of the opinion that we need to get going on that.
Mayor Bums said that along that line. at the CML Conference he asked for some information from CML
staff on downtown development authorities and that son of thing. He said he got some maleriaJ from
them on business improvement districts. which is another entity that some cities are using for business
improvement. He said be will tum the information over to City staff and have them look at il He
commented that they are just alternatives. different kinds of ways you can approach these kinds of issues.
He thought they would be helpful .
Council Member Waggoner said at leasl get Council some kind of an outline of how we intend to do it,
when we intend to do and who is going to do it.
(vi) Council Member Habenicht:
I. She thanked Council for following through with the appointments to the Cultural Ans
Commission. She said she knows that was a very exciting time for all of us in the community, that she
thinks when they saw Ilic people that came forward to apply to be on that commission and the high level
of interest that they have in the community and serving in that respect that she thinks that we will be well
served. She thanked Council Member Wiggins for bringing up the issue of how they will be funded . She
said she would assume that they could work through what their budget needs might be and that it would
be very similar to any of the other boards and commissions. Council Member Habenicht commented that
by stating that there will be a mechanism for that will be very helpful to that group.
Council Member Hathaway asked. since Council Member Wiggins wasn 'I here last Monday. that Council
Member Habenicht explain the position that she was giving to the applicants that one of the intentions is
to. al some point in time. create a cultural council that can solicit funds differently than the Cultural Arts
Commission can . She felt that could be the funding ann of this commission. more so than the City.
Council Member Habenicht agn,cd that there is a difference between the way the Commission would
operate and an ans counctl would operate.
2. She menuoncd two interesung commentaries an the Denver Post. one on Saturday, June 2911, in
the Opinion Section and OIIC Sunday. June 301h ID the Penpeaivc Secllon. Tbc:sc . she wd. were audaorcd
by Bill Homby and Joanne Di11Dcr. both rcsponsabk joumalills an Denver for a number of years. She felt
that both of their COIIIIIICDlS coacamng Zcckcndorf Plau and quality of life issues WCR pc:niacat and fit
in with what Councd as dealing •11h for Cindcrdla Cary .
3. Council Member Habaucbl thanked Council for the opportunity to attend the CML COllfcrcaac
in Vail . She wd it •-u an exccplJOaally good confcn:ncc and very wonhwhilc. She ..-tcd tllal sbe
read the COIIUIICIIIS ID the newspaper regarding tbc DNlllicipalities who sent 100 many people to dlcse
confcrcnccs. Ms. Habcluclal recalled sarung aa -of tbc talioas and wishing thal all ~ UJIIDCII could
ha\'C been ~ 10 share and dilCUU II becaull: tbcre an: 10 many good ideas and dialopcs that CIIICl"F ·
She cxpn:acd her belief thal tbcsc arc tnaly bclldiaal thiap. She submitted a repon for tbc record that
sbc wrole OD the confcrcacc. 111d 3*cd tbal capa be made for Council.
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Eqleweod City Coaacil
JIiiy I, 1'96
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Mayor Bums said be also attended the City Allomey 's section and bas SOOIC vcry intcresling llllllerial be
will be copying for Council regarding dewlution al rapoaibility al the Federal Cmemmeat down la
5lalC and local le\ds. He fdt both panics arc: doing this and thal it is IICll framed by party adlililliaa. He
said the Democrllts have one on planning that fOltlicl iatricliolls on bomc baled busiDCDeS and anodler-
put thal diminatcs n:stridiom on day care. 1be very thinp tbal -arc: -talkiDg about, be said, imy
come tbrougb Federal legislation. He opined 1h11 it W fw:iDMiag IIIIICrial and added tbal put al it W
on transpor11tion. planning and environment He said the key is ping la be whether it will stop at the
-.c le\d and never get to the local lcvd.
Couacil Member Habenicht said she allclldcd Tougll Mllllic:ipll ~ How la Awid Gcaiag Tied to
the Whipping Post, al which she obtained III extra copy tllal will be left ill die City Maaapc's office for
uyoae to lake a lcdt at. Sbe also shared malerials from a sllOlt .. eaiaa on A Mamal for Sclccting
Desiga Services regarding bow la engage desip p,,ofessiolllls baled oa qaalificalion baal lelec:tion,
wbicb she tbougbt -Ill interesting program. Also. duriDg tbc Cluis Gales ---. -tbc -civic
journalism IIIIJ\allCDl. Sbe said !hat our own Englewood Herald pnctias suuag civic joumalism and
more and -~ arc: recognizing the responsibility tbal tbc media has in being thoruugb and fair
and informaliYc. IICll just inftammatory.
13 . Caty Maaqer'1 llepert
(a) City Manager Clart recommended Couacil meet ia Executive Session immedialdy
following the meeting to discuss a real eslalC fflMler. He IIOled tbal tbc A,enda indicalcs that be would be
dicatssing a pcnonncl matter. but be will DOI addras tbal this C\'aliag.
COUNCD. MEMHR HA TBA WAY MOVED. AND IT WAS SECONDED, THAT COUNCO.
MEET IN EXECUTIVE SESSION IMMEDIATELY JOU.OWING THE CITY COUNCO.
MEETING TO DISCUSS A REAL ESTATE MATTEa.
Ayes : Couacil Manbcn Halhnay. Vonniuag, Wiggins. Habcnicbt.
Wagoner. Clapp. Bums
Nays : None
14 . City ~·111qiert
City Auorney Brotzman did DOI have any DllllerS to brillg bebe c:-:il.
IS . .Wjlll....aac
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·· We, the undersigned, respectfully ask the City Council of Englewood to reconsider
.. the proposed concept of the Big Box "Power User" Center in the redevelopment of
the Cinderella City site. We believe a Big Box retail center with a 16-20 screen
movie house does not best fit the cummt or future needs of the Englewood
, community as a whole.
I ~ check all that apply) in Englewood.
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We, tbe undersigned, respedfully ask the City Council of Englewood to reconsider
the proposed concept of the Big Box "Power User" Center in the redevelopment of
the Cinderella City site. We believe a Big Box retail center with a 16-20 screen
movie house does not best flt the current or juJure needs of the Englewood
community as a whole.
I (Please check all that apply) in Englev.ood.
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We, the undersigned, respedfully ask the City Council of Englewood to reconsider
the proposed concept of the Big Bax "Power User" CenJer in the redevelopmenl of
the Cinderella City site. We believe a Big Box retail center with a 1620 screen
movie house does not best fit the current or fulure needs of the Englewood
. community as a whole.
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We, tbe undersigned, respedfully ask the City Council of Englewood to reconsider
the proposed concept of the Big Box "Power User" Center in the redevelopment of
the Cinderella Cit)' site. We believe a Big Box retail center with a 16-20 screen
movie house does not best fit the cu"e,ll or future needs of the Englewood
community as a whole.
I (Please check all that apply) in Englewood.
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We, tbe undersigned, respedfully ask tbe City Council of Englewood to reconsider
tbe proposed concept of the Big Box "Power User" Center in tbe redevelopment of
the Cinderella City site. We believe a Big Box retail center with a 16-20 screen
movie house does not best fit the current or future needs of the Englewood
community as a whole.
I (Please check all that apply) in Engl.cv.ood .
Name Phone (live) (Work) ( Own a business)
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We, the undersigned, respectfully ask the City Council of Englewood to reconsider
the proposed concept of the Big Box "Power User" Center in the redevelopment of
the Cinderella City site. We believe a Big Box retail center with a 16-20 screen
movie house does not best fit the cu"e11t or future needs of the Englewood
community as a whole.
I (J>lca,;c check all that apply) in Englewood.
Name Phone (IM) ( Work ) ( Own a business )
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We, the undersigned, respectfully ask the City Council of Englewood to reconsider
the proposed concept of the Big Bax "Power User" Center in the redevelopment of
the Cinderella City si.te. We believe a Big Box retail center with a 1620 screen
movie house does not best flt the cummt or fuJure needs of the Englewood
community as a whole.
I (Please check all that apply) in Englcv,ood.
Name Phone (live ) ( Work ) ( Own a business )
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· We, the undersigned, respectfully ask the City Council of Englewood to reconsider
. the proposed concept of the Big Bax "Power User' Center in the redevelopment of
the Cinderella City site. We believe a Big Box retail center with a 16-20 screen
movie house does not best fit the current or future needs of the Englewood
. community as a whole.
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I (Please elm al that apply) in~-
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We, the undersigned, respectfully ask the City Council of Englewood to reconsider
the proposed concept of the Big Box "Power User' Center in tbe redevelopment of
the Cinderella City site. We believe a Big Box retail cenler with a 16-20 screen
movie house does not best fit tbe current or future needs of the Englewood
. community as a whole.
I (1b.te chcct al that apply) in F.nglcwood.
Name Phone (live) ( York ) ( Own a businffl )
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· We, tbe undersigned, respec,tfully ask the City Council of Englewood to reconsider
. the proposed concept of the Big Box "Power User' Cenler in the redevelopment of
the Cinderella City site. We believe a Big Box retail center with a 16-20 screen
movie house does not best fit the cumml or future needs of the Englewood
. con1munity as a whole.
I (Pleae check aD mat apply) in Ena(eM>od.
Name A41.,.ea Phone (Uve) ( Wort ) ( Own a buslnm )
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We, tbe untJerstgned, respectfully ask the City Council of Englewood to reronsider
tbe proposed concept of tbe Big Bax "Power User" Center in the redevelopment of
tbe Cinderella City site. We believe a Big Bax retail center with a 16-20 screen
movie house does not best fit the current or fulure needs of the Englewood
.. community as a whole.
I (Please elm Ill that apply) In~
Name -+ Address Phone (live ) ( Yort ) ( Own a business )
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..
· We, tbe undersigned, respedfull.y ask tbe City Council of Englewood to reconsider
tbe proposed concept of the Big Box "Power User" Center in the redeve/opmenJ of
the Cindmdla City site. We believe a Big Box retail center with a 16-20 screen
mOIJie house does not best flt the current or fulure needs of the Englewood
community as a whole.
. .
I (Plea.,e cbcck aD that apply) in f.n8(ewood.
Name Phone (live) ( wo.t ) ( Own a business )
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..
I.
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• •
. We, the undersigned, respedfidly ask the City Council of Englewood to reconsider
the proposed concept of the Big Box "Power User" Center in the redevelopment of
the Cinderella City site. We believe a Big Box retail center with a 16-20 screen
movie house does not best flt the cumml or fuJure needs of the Englewood
. community as a wbol.e.
I ~ check all that apply) in F.nglcwood.
Phone (llic) (Work) ( Own a bu~)
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·· We, the untlersigned, respedfully ask the City Council of Englewood to reconsider
the proposed concept of the Big Box "Po11Jer User" Center in the redevelopment of
the Cinderella City site. We believe a Big Box retail cenler UJitb a 1~20 screen
movie house does not best flt the current or future needs of the Englewood
. community as a whole. f ~ ~ l~
I (Please check all that apply) in F.nglcMxxl.
El D
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•
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. .
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· We, tbe undersigned, respectfully ask tbe City Council of Englewood to reconsider
.. the proposed concept of tbe Big Box "Power User" Cenler In the redevelopment of
the Cinderella City site. We believe a Big Box retail center with a 1620 screen
movie house does not best flt the cummt or future needs of the Englewood
. communityasawhole. r~ ~~"'-f
Y'-,<. u i:k -[ 'let.....-
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· I (Pleae check all that apply) in F.nglcwood.
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CITIZENS OF ENGLEWOOD -DON'T BE FOOLED!
CINDERELLA CITY REDEVELOPMENT
IS STILL A JOKE!
WE TRULY ARE HEADED TOWARD ANOTHER
"TROLLEY SQUARE"~
Does the Englewood City Council really represent you?
Does the Englewood City Council really listen to you?
Does the Englewood City Council really respect you?
OR
Did the City Council respond by ignoring your input and only going
with what the Miller /Kitchell Developers want?
•Did you know City Council will not discuss or make further
decisions regarding Cinderella City Redevelopment until August JWI
they voted not to listen to you. the people. after July 30?
)< •Did you know taxpayers are footing the bill of SI_0,000 for the
Clarion. Study to find out what the citizens want? -
•Did you know this study shows what the citizens want is different ~ from what the M_ iller /Kitchell Developers want?
•
•Did you know however, that the Clarion recommendation only
supports what the developer wants to do?
•Did you know despite rumors to the contrary nothing has been
signed yet?
•Did you know Monday, July 15 is your last chance to speak at a
City Council meeting (7:30 p.m. at City Hall) regarding this matter?
YOUR ATTENDANCE AT THIS MEETING IS A MUST!
ISN'T IT TIME FOR THE ENGLEWOOD CITY
COUNCIL TO REPRESENT THE PEOPLE?
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Enql,wood COMPAMOM Moqozinf:
300 East Hampden Avenue Suite 304 Englewood CO 80110
Phone: 761-5841 • Fax: 761-5899
July 15, 1996
Englewood City Council
3400 South Elati
Englewood, CO 80110
Dear Memben of City Council,
,.
Please recomider your vote not to accept public input put July 30th about the Clarion recom-
mendations for redevelopment of Cinderella City. Council' 1 reaction to the recommendation, are
of greater intereat to the public than the recommendatiom thermelvea. Council will not be dil-
cuHing or voting upon the matter until Auguat when public input ii prohibited.
Clarion ha, done a good job applying real numben in di1COVering what Englewood citizen, want
to see in the the Cinderella City 1ite. It ii clear that the public ii looking at other than a 400,000
square foot retail/entertainment center al puaed in your reaolution April 8. And u the
groundrules set forth by Clarion, they can only make recommendation, within the context of that
re10lution.
Al'°, when can we expect the reaulb from the remainder of Clarion' I planning atudy, al voted for
by Council April 15, looking at "the n-1. and the development of, not juat Cinderella City, but
also the ,urrounding area." DucU11ion 1urrouncling thu vote ulmJ fur gaining information on
traffic patterns tied in with light-rail, the Park 'n' Ride and bUI route. -tying theae into down-
town . Al'°, po11ible u&e1 of the General Iron Work. 1ite, CU1hing Park and other 1urrounding
area• were to be included . It wu agreed the public would be part of thi, .Jw, and that Clarion
would work with with any other plannen, 1uch u EDDA or any other involved group . (EFOT?
Englewood Chamber of Commerce?) The reaulb on thi, portion were expected within 90 day,. It
is my undentanding thi, portion would be done concurrently with the 1ite 1pecitic 1tudy/public
input forum,.
Sincerely,
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PROCLAMATION
WHEREAS, the National Association of Town Watch (NATW) is sponsoring its annual
nation-wide crime and drug prevention program called National Night Out on August 6,
1996;and
WHEREAS, the 13th Annual National Night Out provides an opportunity for the City of
Englewood, Colorado to join forces with thousands of other communities acro88 the country
in promoting cooperative police-community crime and drug prevention efforts; and
WHEREAS, the residential and busine88 communities play vital roles in 888isting the
Englewood Safety Services Department Police Division in its joint crime and drug
prevention efforts by supporting National Night Out locally; and
WHEREAS, it is enential that all citizens of Englewood be aware of the importance of
crime prevention programs and the impact that their participation can have on reducing
crime and drug abuse in the Englewood area; and
WHEREAS, this crime prevention program is designed to heighten crime and drug
prevention awareneBB, generate support for anti-crime programs, and to strengthen police-
community relations; and
WHEREAS, the National Association of Town Watch 1996's theme is "Give
Neighborhood Crime and Drugs A Going Away Party";
NOW THEREFORE, I, Thomas Burns, Mayor of the City of Englewood, Colorado,
hereby proclaim Tuellday, August 8, 1998 aa :
NATIONAL NIGHT OUT
in the City of Englewood, Colorado and urge all Englewood citizem to aupport the "13th
Annual National Night Out" program by getting to know your neigbbon and leDding a
menage to criminals that the neighborhoods in the City of Englewood are organized and
fighting back agains t crime.
GIVEN under my hand and seal this 15th day of July, 1996 .
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PROCLAMATION
WHEREAS, the National Association of Town Watch (NATW) ia sponsoring its annual
nation-wide crime and drug prevention program called National Night Out on August 6,
1996;and
WHEREAS, the 13th Annual National Night Out provides an opportunity for the City of
Englewood, Colorado to join forces with thousands of other communities IICl'088 the country
in promoting cooperative police-community crime and drug prevention efforts; and
WHEREAS, the residential and business communities play vital roles in uaiating the
Englewood Safety Services Department Police Division in its joint crime and drug
prevention efforts by supporting National Night Out locally; and
WHEREAS, it ia essential that all citizens of Englewood be aware of the importance of
crime prevention programs and the impact that their participation can have on reducing
crime and drug abuse in the Englewood area; and
WHEREAS, this crime prevention program ia designed to heighten crime and drug
prevention awareness, generate support for anti-crime programs, and to strengthen police-
community relations; and
WHEREAS, the National Allsociation of Town Watch 1996'a theme ia "Give
Neighborhood Crime and Drugs A GoiDJ Away Party";
NOW THEREFORE, I, Thomas Burns, Mayor of the City of Englewood, Colorado,
hereby proclaim Tuesday, Aupat 8, 1988 as:
NATIONAL NIGHT OUT
in the City of En,tewood, Colorado and mp all En,tewood citi&em to support the "13th
Annual National Night Out" procram by pttiDc to bow :,our neighbon and amdiq a
meuqe to criminala that the neighborbooda in the City of En,tewood are orpnized and
&,hting back against crime.
GIVEN under my hand and aeal this 15th day of July, 1996.
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COUNCIL COMMUNICATION
Date Agenda Item 10 a i Subject
July 15, 1996 ~70 Interchange
STAFF SOURCE INITIATED BY
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None .
RECOMMENDED ACTION
The Water and Sewer Board recommended, at their May 21, 1996 meeting, Council approval
of the right-of-way conveyance for the C-470 Interchange at Mclellan.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Highlands Ranch comnu,ity has developed to the point where it is necnsary to eJdand
Highlands Ranch Boulevard and its connection to C_..70 to MfW existing and planned
development. Englewood's pioperty ii included in the Highlands Ranch Metlapolitan Dislric:t
#3.
In the proposed C-470 right~-way c:orweym Englewood agrNS to dedicate the right~-
way (ROW) at no cost to Highlands Ranch Metro District #3 or the Colorado State Highway
Department (approximately 20 acres), Englewood will exchange land with Denver Waw Dept.
for the Highline Canal realignment, Englewood will convey a trail easement to Highlands
Ranch Metro. District #3 for the Highline Canal Trail realigrvnent and Highlands Ranch Metro .
District will place surplus fill material on Englewood's Parcel A to grade the site at no cost tQ
Englewood.
Highlands Ranch received a commitment from Douglas Ccu,ty Engineering allowing right-in
right-out accesses to the Englewood owned Parcels A and B.
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C--670 Dft'DCBUIGB AT Jll"GPLIMDS llAIICII IIOULffAllD
Document Parcel
RJaeber Number
1 PB-2P
2 PR-8
3
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• 2C
• 2D
• 2P
I 2A
2B
2G
• 2B
PB-2A
PB-28
8B-2A
SB-28
SB-2B
TABLS 01' COWfar.t'S
DSSC2%ft%Cllr 01' IJOCUlla'l'S
WITT-.
P11cription of Pa.real
Grant of Baaement for acceaa from Bnglewood to
Ohlaon
Relinquiabaent of Right-Of-Way and BaHment
Agreement fraa Ohlaon to Bnglewood
Warranty Deed froa Bnglnood to Douglu County
Bighlanda Ranch Boulevard froa c-no to the
new aouthern alignaent of the Bighline canal
. Righlanda Ranch Boulevard, -•t abouldar aouth
of C--670 to Bnglewood'• property .
Bighlancla Ranch Boulevard froa tbe old
northern alignment of the Bighline Canal to
County Line Road.
Warranty Deed from Bnglewooc:l to CDOT
C-670 Southern raap• (1 • 2) c-no Bortbern raapa (3 • t)
Storm Drain on Ramp 3
Warranty Deed froa Bnglnood to Denver Water
Board for the new alignaent on the aouth aide
of the Bighline canal
Grant of .. ,. int froa Dlglnood to CDOT for
alape• • draiaaga
.. ,. 1 nt aloag aouthern aida of Rap 1 froa
Bighlanda llaDch lolll..ard to the ... t
..... ,nt aloag aouthern aida of Rap 1 froa
drainage box to the ... t
.. ,.m,nt aloag northern aida of Rap 3 on the
... t aida of the drainage box
BaNMnt along ~rthern aida of Rap 3 juat
WHt of drainage box
BaNMnt along northern eide of Rap ,
(include• drainage box)
c-no -TULa OP CXJiilllllft'II -1 OP 2
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FINANCIAL IMPACT
The proposed interchange and improvements will greatly enhance Englewood's property
across from the Mclellan Reservoir. A THK Associates, Inc. study demonstrated that
Englewood parcels are strategically located to Nf'V8 commercial development opportunities
including hotel/motel, restaurants, retail shopping and office and related UMS. The parcels
have evolved into one of Denver's premier retail/commercial real estate markets, and with the
regional access provided by the new interchange, the subject parcels will be ideally located to
service these markets. Highlands Ranch Metro. Dillrid 13 will be conatructing the
interchange at a cost cf $9 million. The City will pay it's pro rata lhar8 u its property is
developed in ac:cordance with the requirements imposed on all land in Metro Diltric:t 13.
UST OF ATTACHMENTS
Ordinance
Deeds and Easements
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FINANCIAL IMPACT
The proposed interchange and improvements will greatly enhance Englewood's property
aaou from the Mclellan Reservoir. A THK Associates, Inc. study demonstrated that
Englewood parcels are strategically located to serve commercial development opportunities
including hoteUmotel, restaurants, retail shopping and office and related uses. The parcels
have evolved into one of Denver's premier retaiUc:ommercial real estate "*1<els, and with the
regional access provided by the new lnten:hllnge, the subject parcels will be ideally located to
service these markets. Highlands Ranch Metro. District 13 will be constructing the
interchange at a cost of $9 million. The City will pay it's pro ra ltwe • its piaperty is
developed in accordance with the requnmns in1)0Md on all land in Malr'O Dislrtct 13.
LISTOF ATTACHMENTS
Ordinance
Deeds and Easements
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Document
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C-470 IHTBRCHAHGB AT BIGIILANDS RA!JCB B01JLBVARD
TABLB OP cmrrmrrs
Parcel
lllilmbe;r;:
PE-2F
PR-8
2C
2D
2F
2A
2B
2G
2E
PE-2A
PE-2B
SE-2A
SE-2B
SE-2E
DBSC1UP'l'ION OP DOCUIIBNTS
WMRANTY Dll!D8
Pesc;r;:iption of Pa;r;:cel
Grant of Easement for access from Englewood to
Ohlson
Relinquishment of Right-Of-Way and Easement
Agreement from Ohlson to Bnglewood
Warranty Deed from Bnglewood to Douglas County
Highlands Ranch Boulevard from C-470 to the
new southern alignment of the Highline Canal
. Highlands Ranch Boulevard, west shoulder south
of C-470 to Englewood's property .
Highlands Ranch Boulevard from the old
northern alignment of the Highline Canal to
County Line Road.
Warranty Deed from Bnglewood to COOT
C-470 Southern ramps (l & 2)
C-470 Northern ramps (3 & 4)
Storm Drain on Ramp 3
Warranty Deed from Bnglewood to Denver Water
Board for the new alignment on the south side
of the Highline Canal
Grant of BaH-nt from Englewood to CDOT for
slopes & drainage
Easement along southern side of Ramp l from
Highlands Ranch Boulevard to the west
Easement along southern side of Raap 1 from
drainage box to the west
Easement along northern side of Ramp 3 on the
east side of the drainage box
Easement along northern side of Ramp 3 just
west of drainage ·box
Easement along northern side of Ramp 4
(includes drainage box)
C-470 -TABLE OP CONTBNTS -l OP 2
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PE-2D
PE-2E
8 PE-2C
g SB & SB
10 PE -2G
11 PR-10
12
13
AR-2A
AR-28
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Grant of Easement from Englewood to HRMD #3 for bike paths
Bike path along County Line Road from
Highlands Ranch Boulevard east to the Highline Canal
Bike path from County Line Road to the
Highline Canal, west of Highlands Ranch Boulevard
Grant of Basement from BngleWOOd to CWSD for sewer line north of Ramp 3
Deed from DWB to BngleWOOd for the old
northern alignment of the Highline Canal (except Highlanda Ranch Boulevard)
Grant of Basement from BnglftWOod · to CWSD to
mitigate wetlands to •outh aide McLellan .Reservoir
Relinquiahment of Baaeaent by CWSD to
BngleWOOd -•ewer line north of Ramp 3
Grant of BaaelNDt (Licenae?) from BngleWOOd to HRMD 13 for Conatruction
Deed from BngleWOOd to CDOT for Acceaa Righta to and from C-470
South aide of C-470 at Highalnda Ranch Boulevard Interchange
Horth aide of C-470 at Highalnda Ranch
Boulevard Interchange, includea Highlancla
Ranch Boulevard fraa C-470 north to firat interaection
C-470 -TABLB OP OOliiiWIS -2 OP 2
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C-470 INTBRCIIANGB AT BIGIILAHDS RARCB BOULEVARD
TABLB OP CONTJINTS
Document Parcel
Number Number
l PE-2F
2
3
4
5
6
• PR-8
2C
2D
2F
2A
2B
2G
2E
• PE-2A
• PE-2B
• SE-2A
• SE-2B
• SE-2E
DBSCRIPTJ:OH OP DOCUJIBNTS
EA8FNPff8
Description of Parcel
Grant of Easement for access from Englewood to
Ohlson
Relinquishment of Right-Of-Way and Easement
Agreement from Ohlson to Englewood
Warranty Deed from Englewood to Douglas County
Highlands Ranch Boulevard from C-4 70 to the
new aouthern alignment of the Highline Canal
Highlands Ranch Boulevard, west shoulder south
of C-470 to Bnglewood'a property.
Highlands Ranch Boulevard from the old
northern alignment of the Highline Canal to
County Line Road.
Warranty Deed from Englewood to CDOT
C-470 Southern ramps (l & 2)
C-470 Northern ramps (3 & 4)
Storm Drain on Ramp 3
Warranty Deed from Englewood to Denver Water
Board for the new alignment on the south aide
of the Highline Canal
Grant of Baaeaent from Englewood to CDOT for
alopea & drainage
Easement along southern aide of Ramp l from
Highlands Ranch Boulevard to the weat
Easement along southern aide of Ramp l from
drainage box to the weat
Easement along northern aide of Ramp 3 on the
east aide of the drainage box
Easement along northern aide of Ramp 3 just
west of drainage box
Easement along northern aide of Ramp 4
(includes drainage box)
C-470 -TABLE OF CONTIDITS -l OF 2
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7 Grant of Easement from Englewood to HRMD #3 for bike paths • PE-2D Bike path along County Line Road from Highlands Ranch Boulevard east to the Highline Canal • PE-2E Bike path from County Line Road to the Highline Canal, west of Highlands Ranch Boulevard
8 • PE-2C Grant of Basement from Englewood to ClfSD for sewer line north of Ramp 3
.. 9 SB & SE Deed from DWB to Englewood for the old northern alignment of the Highline Canal (except Highlancla Ranch Boulevard)
10 • PE-2G Grant of BaaeNDt from Englewood to CWSD to mitigate wetlands to south aide McLellan .Reservoir
11 • PR-10 Relinquishment of EaaeNDt by cwso to Englewood -sewer line north of Ramp 3
12
Grant of Easement (License?) from Englewood to
HRMD 13 for Conatruction
13 Deed from Englewood to COOT for Access Rights to and from C-470
AR-2A South aide of C-470 at Highalnda Ranch Boulevard Interchange
AR-2B North aide of C-470 at Highalnda Ranch Boulevard Interchange, includes Highlands Ranch Boulevard fraa C-470 north to first interaection
C-470 -TABLB OP COlll&WIS -2 OP 2
7
• PB-2D
• PB-2B
8 • PB-2C
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Grant of Basement from BngleWOOd to HRMD #3 for bike paths
Bike path along County Line Road from
Highlands Ranch Boulevard east to the Highline Canal
Bike path from County Line Road to the
Highline Canal, weat of Highlands Ranch Boulevard
Grant of Basement from BngleWOOd to cwso for sewer line north of Ramp 3
9 SB~ SB Deed from DNB to BngleWOOd for the old
northern alignaent of the Highline Canal (except Highlands Ranch Boulevard)
10 • PB-2G
11 • PR-10
12
13
AR-2A
AR-2B
Grant of Basement from BngleWOOd · to cwso to
mitigate wetlands to aouth aide McLellan .Reservoir
Relinquishment of Baaeaent by ClfSD to
BngleWOOd -sewer line north of Raap 3
Grant of BaaelNDt (License?) froa BngleWOOd to HRMD #3 for Construction
Deed from BngleWOOd to COOT for Ac:ceaa Rights to and from C-470
South aide of C-470 at Rigbalnda Ranch Boulevard Interchange
North aide of C-470 at Rigbalnda Ranch
Boulevard Interchanga, includes Highlands
Ranch Boulevard froa C-470 north to first intersection
C-470 -TABLII OP CClnura -2 OP 2
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BY AUTHORITY
OOUlfCIL IIIU. NO. N ORDINANCE NO. _
SERIES OF 1996 IQDQIBllJiliit-INTRODU~BY ~c
A BILL FOR -<~----,
AM OIIDINANCE AUTHORIZING IN'l'BBOOVBRNIDAL AGllBBIIBNTS
BETWEEN THE STATE OF COLORADO DEPAllTIIENT OF
TIIANSPOllTATION, DOUGLAS COUNTY, DBNVBR WATBll DBPAR'l'IIENT
AND HIGHLANDS RANCH METROPOLITAN DISTRICTS, DR. OHLSON AND
TRI: CITY OP BNGLBWOOD, OOLOIIADO Pllll'l'AINJRO TO TB C-470
INTERCHANGE.
WHEREAS, the Colorado Department of Trauportation ia ateDding Hi,t,J•nch
Ranch Boulevard md ita connection to C-470 due to the development aflfipJmch
Ranch community; ud
WHEREAS,• portion aftbia project ia the property afthe City afEnglewood ud ia
included in the Highluch Ruch Metropolitm Diatrict 13; md
WHEREAS, the propoaed C-470 project will involve the c:onveyuce afript-of-w•y
by Englewood to High)anch Ruch Metropolitm Diatrict No . 3 of appnmmate)y 20
acres; and
WHEREAS Englewood will e:a:chanae Jud with the Denver W•ter Department for
the Highline Canal realignment; and
WHEREAS, Englewood will convey • tnil euement to ffi,t,J•nd• Ruch
MetropoJitm Diatrict No . 3 for the Hip)ine Cmal Tnil realipment; ud
WHEREAS, Highluch Ruch Metropolitm Diatrict will p1-emplue fill
material on Englewood'• Parcel A to grade the eite •t no -i to Englewood; ud
WHEREAS, Highluch Ruch received • commitment from Douglu County
Engineering allowing right-in ri,t,t-out -to the Eqlewood owned Pen:ela A
and B; md
WHEREAS, the proposed interchup ud improqmenta will peatJy mhance
Englewood's property •crou from the McLellu ReNrYoir; end
WHEREAS, according to • THK etudy EngJewood pen:eJa have evolved into one of
Denver's premier retail/commercial real eetete mukete ud with the re,ional
acceu provided by the new interchup the pen:eJa will be ideally located to Nnice
these markets; md
WHEREAS, Highluch Ruch Metropolitm Diatrict No . 3 will be conetructinJ the
interchange at a coat of $9 million dollan;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sedjgn 1. The Grant ofEaaement • Project Number: CC 4701-076 • Parcel Number
PE • 2F, for accese from Englewood to Ohlson, attached hereto aa Ezhibit A, is hereby
accepted and approved by the Englewood City Council.
Sod;igp 2. The Relinquishment of Right-Of-Way and Easement Agreement -
Project Number: CC 4701-076 -Parcel Number PR-8, from Ohlson to Englewood
attached hereto aa Ezhibit B, is hereby accept.ed and approved by the Englewood City
Council.
Sec;tigp 3 . The Warranty Deed from Englewood to Douglas County -Project Number:
CC 4701-076 -Parcel Numbera 2C, 2D and 2F:
Parcel 2C -Highlanda Ranch Boulevard from C-4 70 to the new aoutbern
alipment of the Higbline Canal;
Parcel 2D -Highlanda Ranch Boulevard, west ahoulder eouth ofC-470 to
Englewood's property;
Parcel 2F -Highlanda Ranch Boulevard from the old northem alipment
of the Higbline Canal to County Line Road;
attached hereto aa Ezhibit C, is hereby accept.ed and approved by the Englewood City
Council.
Sec;tion 4. The Warranty Deed from Englewood to Colorado Department of
Transportation -Project Number: CC 4701-076 -Parcel Numbera 2A, 2B and 20:
Parcel 2A -C-470 Southern rampe (lti);
Parcel 28 -C--'70 Northem rampe (M4);
Parcel 2G -2G Storm drain on ramp 3;
attached hereto aa Ezhibit D, is hereby accept.ed and approved by the En,lewood City
Council.
Sedjon 5. The Warranty Deed from Enpewood to Denver Wat.er Board far the new
alignment on the eouth aide of the Higbline Canal -Prqect Number. CC.701-076-
Parcel Number 2E, attached hereto u Ezhibit E, is hereby accept.ed and approved by
the Englewood City Council .
Ses;tjgp 6. The Grant of Euemmt from Englewood to the Colorado Department of
Transportation for alopee and drainqe -Project Number: CC 4701-076 • Parcel
Numbers PE-2A, PE-28, SE-2A, SE-28 and SE-2E :
PE-2A-
PE-2B-
SE-2A-
SE-2B -
Euemmt alon, southern aide of ramp 1 from Hiplanda Ranch
Boulevard to the weet;
Easement alon, southern aide al ramp 1 from drainap boa to
theweat· .
Euem~t alon, northern aide al ramp 3 on the east aide of the
draina,e boa;
Easement alon, northern aide al ramp 3 just weat al drainap
boa;
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Easement along northern aide of ramp 4 (includea drainage
box);
attached hereto u EJ:bibit F, ia hereby accept.ed and approved by the Englewood City
Council.
S@d;ign 7 . The Grant of Easement from Englewood to Highlanda Ranch Metropolitan
District No. 3, for bike paths -Project Number: CC 4701-076 -Parcel Numbers PE-2D
and PE-2E:
PE-2D-
PE-2E-
Bike path along County Line Road from Highlanda Ranch
Boulevard eut to the Hipline Canal;
Bike path from County Line Road to the Hipline Canal, west of
Hichlanda Ranch Boulevard;
attached hereto u EJ:bibit G, ia hereby accept.eel and approved by the Eapewood City
Council.
Sed;im 8. The Gt-ant of EaNment from Englewood to Centennial Wat.er and
Sanitation District for lf!Wer line north of ramp 3 -Project Number: CC 4701-076 -
Parcel Number PE-2C, attached hereto u EJ:bibit H, ia hereby accept.ed and approved
by the Englewood City Council.
S@d;igp 9. The Deed from Denver Water Board to Englewood for the old northern
alipment of the Highline Canal (eJ:cept Hichlanda Ranch Boulevard) -Project
Number: CC 4701-076 -Parcel Numbers 5B & 5E; a lepl dNcriptioo of which ia
attached hereto u EJ:bibit I, ia hereby accepted and approved by the Englewood City
Council.
Sed.igp 10 . The Grant of Easement from Englewood to Centennial Wat.er and
Sanitation District to mitipte wetlanda to IOllth aide Mc1411an Rwrvoir -Project
Number: CC 4701-076 -Parcel Number PE-20, attached hereto u EJ:bibit J, ia hereby
accepted and approved by the Englewood City Council.
Sed.iqp 11 . The Relinquishment m ~ent by Centennial Water and Sanitation
District to En,lewood -aewer line north mramp 3 -Project Number: CC 4701-076 -
Parcel Number PR-10, attached hereto u Emibit K, ia hereby aecepted and approved
by the Englewood City Council.
Sed.igp 12. The Grant of Temporary ~ent from Englewood to Hiplanda Ranch
Metropolitan District No. 3, for CIIIUb'udian -Project Number: CC 4701-076, attached
hereto .. EJ:bibit L, ia hereby accapt.ed and approved by the Eqlewood City Council.
Sed;im 13 . The Deed from En,lewood to the Colorado Department ofTrwponatiOD
for Al:cea1 Riptl to and from C-470 -Project Number: CC 4701-076 -Parcel Numbers
AR-2A and AR-2B :
AR-2A-
AR-2B-
South aide of C-470 at ffichlanda Ranch Boulevard lntercban,e;
North aide m C-470 at HipJaud1 Ranch Boulevard Intercbanp,
inducliq ffipl1nd1 Ranch Boulevard fnm C-470 north to ftnt
intenection;
attached hereto u EJ:hibit M, ia hereby aecepted and approved by the Enpwood City
Council.
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Sec;tiqp 14. Tunefet g( Bndnggd Dee4t pd EtMDlftDY Tbe transfer ar
Engl-ood Deeda and EaNmmtl aha1l become efl'ec:tive at the start af c:omtruc:tion
and upon the ratification of the tranafer of Deeda and EaNmmte from all partiee
eiu:ept the Oblacm EaNmmte which lhall be tranaferred limultaneoualy at a later
date and the Hipline Canal Ea.mmta which will be tranaferred limultaneoualy at
a later date.
Sec;tiqp ll!j. Tbe Mayor ia authorized to aecute and the City Clark to atteat and IN1
ti-doeummte far and OD bebalf of the City af Eqlewood, Colorado.
lntrodw:ecl, read in full, and puNd OD ftnt nedinc OD the 11th day al .1aly, 1196.
Publiahed u a Bill for an Ordinance OD the 18th day al Jaly, 1196.
Tbomu J. Burm, lla:,ar
ATTEST :
Loucriahia A. Ellia, City Clerk
I, Loucrilhia A. EW., City Ciak oftbe City al ........ Colando, --, cirtify
that the above and farecainl ia a true c:apy al a Bill b an Orclinace, introdaced, ·
read in full, and puNd OD ftnt readinc OD the 15th day al July, 1196.
Loucriahia A. Bllia
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G1WJT QP USIIP't
PROJECT lnJIIBSR: CC 4701-076
PARCSL lftJIIBD PS-2P
THIS GRANT OF AN EASEMENT (•this Grant•) is made this __ day
of , 1996 by the CITY OF ENGLEWOOD, COLORADO a home rule
City under and by virtue of the laws of the State of Colorado,
("Granter•), whose address is 3400 South Elati Street, Englewood,
Colorado 80110, to ROBERT s. OHLSON, (•Grantee•) whose address is
1754 West County Line Road, Highlands Ranch, Colorado 80126.
The Parties covenant and agree as follows:
l. Easement Property. The •Easement Property• shall mean
the real property located in the County of Douglas, State of
Colorado, more particularly described on attached Exhibit PE-2F.
2. consideration. As consideration of this Grant, Grantee
shall pay to Granter the sum of Ten Dollars ($10.00) and other good
and valuable consideration paid by Grantee, receipt of which is
hereby acknowledged by Granter.
3. Grant of Easement. Granter hereby grants to Grantee an
easement over, across and through the Easement Property to provide
access to the property owned by Grantee which abuts the east line
of the Easement Property, and generally referred to as the Plum
Valley Subdivision.
4 . Access. Grantee shall have the perpetual right of
ingress and egress, in, to, over, through and across the Easement
Property for any purpose necessary or desirable for the full
enjoyment of the rights granted to Grantee under this Grant.
s. Rights of Granter. Grantor reaerves the full right to
the undisturbed ownership, use, and occupancy of the Easement
Property insofar as said ownership, use, and occupancy is
consistent with and does not impair the right• granted to Grantee
to this Grant. Cost of repair and restoration of any surface
improvements shall be done at the coat of the Grantee.
6. Grantor•a Right• to Relocate. Grantor ahall have the
right to relocate or require Grantee to relocate the eaaement and
any improvements thereon at the expenae of Granter and to terminate
the easement herein granted. To the extent the easement and any
improvements are relocated, Granter shall grant or cauae to granted
to Grantee an easement or right• for the relocated easement and
improvements, as the case may be, reaaonably aimilar in nature and
scope to the easement herein ·granted and provided that the .
improvements as relocated will be reaaonably comparable in all
material respects to the improvement• at the time of relocation.
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7. Abandonment. In the event that Grantee shall abandon
the rights granted to it under this Grant, all right, title and
interest hereunder of Grantee shall cease and terminate, and
Granter shall hold the Easement Property, as the same may then be,
free from the rights of Grantee so abandoned and shall own any
improvements of Grantee so abandoned.
a. Warranty of Title. Granter warrants and represents that
Granter is the fee simple owner of the Easement Property and that
Granter has full right, title and authority, and that thia Grant is
effective to grant and convey to Grantee the within described
easement subject to easements and reservations of record. Gran tor
further covenants and agrees to indemnify, defend and hold Grantee
harmless from and against any adverse claim to the title of the
Easement Property by all and every person or persona lawfully
claiming or to claim the whole or any part thereof except those of
record.
9. Binding Ef feet. This Grant shall extend to and be
binding upon the heirs, personal representatives, successors and
assignees of the respective parties hereto. The terms, covenants,
agreements and conditions in this Grant shall be construed as
covenants running with the land.
IN WITNESS WHEREOF, the parties hereto have executed this
Grant of Easement the day and year first above written.
ATTEST:
Loucrishia A. Ellis,
City Clerk
STATE OF COLORADO
COUNTY OF ARAPAHOE)
)
)ss.
Thomas J. Burns,
Mayor
This foregoing instrument was acknowledged before me this~
day of , l 996, by Thomas J. Burns as Mayor and
Loucrishia A. Ellis as City Clerk of the City of Englewood.
My Commission Expires=~~~~~~~~~~~-
Notary Public
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STATE JJF COLORADO
COUNTY OF
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GRANTEE:
ROBERTS. OHLSON
Robert S. Ohl•on
Thia foregoing inatrument wa• acknowledged before me this~
day of , 1996, by Robert s. Ohlaon .
My Commission Expire•=~~~~~~~~~~~
Notary Public
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PARCEL FROM CITY OF ENGLEWOOD TO ROBERT S. OHLSON
EXHIBIT "PE-2F"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER PE-2F
June 25, 1996
A permanent Easement No . PE-2F of the Department of Transportation, State of Colorado, Project
No . CC 4701-076, containing 3,103 square meters, more or less, being a portion of a parcel
desaibed in Book 133, Page 4, Douglas County Records, in Section 4, Township 6 South, Range 68
West of the Sixth Principal Meridian, in Douglas County, Colorado, said tract or parcel of land being
more particularly described as follows:
Commencing at the NW Comer of said Section 4, whence the W 1/4 Comer of said Section 4
bears s.0•34•55"E. 885.415 meters (2904.90 feet): Thence s .11•32'36"E .• a distance of 959.798
meters (3148 .94 feet) to the TRUE POINT OF BEGINNING, said point being also on the westerly
boundary line of Plum Valley Subdivision, recorded at Reception Number 98341, Douglas County
Records;
1. Thence s .01•os·o1·E . along said westerly boundary line of Plum Valley Subdivision, a distance
of 18.402 meters (60 .37 feet):
2 . Thence 5 _99•43·1o·w., a distance of 110.513 meters (362.58 feet);
3 . Thence along the arc of a curve to the left having a radius of 21.280 meters (69.82 feet), a
distance of 14 .821 meters (48.63 feet) (the chord of said arc bears S.69.46'01"W., a distance
of 14 .523 meters (47 .65 feet));
4 . Thence S.49.48'52"W., a distance of 37 .017 meters (121.45 feet);
5 . Thence N .40°11 ·oe·w., a distance of 18.400 meters (60.37 feet):
6 . Thence N .49°48'52"E ., a distance of 37 .017 meters (121.45 feet);
7 . Thence along the arc of a curve to the right having a radius of 39.680 meters (130.18 feet), a
distance of 27 .636 meters (90.67 feet) ( the chord of said arc bears N.69.46'01"E., a distance
of 27 .081 meters (88 .85 feet));
8 . Thence N .89.43'10"E ., a distance of 110.250 meters (361.71 feet) to the TRUE POINT OF
BEGINNING .
The above described Parcel contains 0 . 767 acres/3, 103 square meters, more or lesa .
BASIS OF BEARING : Grid bearings were determined by global positioning system methods.
Bearings are referenced to the line between point 1001 and point 192. The line between the two
monuments bears : s .e1•1e·29"W.
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For the purpose of ingress and egress .
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RELEASE OF RIGHT-OF-WAX ANP EASEMENT AGREEMENT
PRO.JBCT RUIIBSR CC-4701-076
PUCBL NUIIBSR Pa-a
This Release of Right-Of-Way and Easement Agreement is made
and executed this _ day of , 1996 by ROBERT S. OHLSON
(Ohlson), whose address is 1754 West County Line Road, Highlands
Ranch, Colorado 80126, and the CITY OF ENGLEWOOD, COLORADO, a home
rule City under and by virtue of the laws of the State of Colorado
(Englewood), whose address is 3400 South Elati Street, Englewood,
Colorado 80110.
WHEREAS, Ohlson and Englewood are the parties to that Right-
Of-Way and Easement Agreement recorded October 26, 1965 in Book 166
at Page 261, Reception No. 124070 in the records of the Clerk and
Recorder for Douglas County, Colorado; and
WHEREAS, Englewood has conveyed a replacement easement to
Ohlson by separate instrument and Ohlson wishes to relinquish all
interest in that Right-Of-Way and Easement Agreement.
NOW, THEREFORE, in and for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, Ohlson
does hereby RELEASE, RELINQUISH AND QUITCLAIM all right, title and
interest in and to the Right-of-Way and Easement Agreement recorded
October 26, 1965 in the records of the Douglas County Clerk and
Recorder, Douglas County, Colorado at Reception No. 124070 unto
Englewood, it• successor• and assigns.
IN WITNESS WHEREOF, Ohlson has executed this Release of Right-
Of-Way and Easement Agreement as of the date and year first above
written.
STATE OF COLORADO )
>••· COUNTY OF _______ )
ROBERTS. OHLSON
This foregoing instrument was acknowledged before me this
day of , 1996, by Roberts. Ohlson.
My Commission Expires: ___________ _
Notary Public
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1963, by cd bcc-tm '!Si C1ff OJ' !Sl,..W"WOOD. • !Nl\ici1Ml r.orpora-
t:icm, and IOBEllT S. QIU.Sall ad SW.'f J. OBLSOll, of che Couat:y
of DogzlH, suu of C11lor&(.;;
.I I ~ JI E S S ~ t 11:
For valuable couiaraeiOII, mc:eipc of wbich is ba~by
aclcnolllecipcl, pa"Y of cba fine pare, for igalf, it:• aHi&ft•
and saccessora. coveaauu aDli paau Vi.th and i::o tba panies
lavfw. for t:1-, cbair bein, aa•ilDS,. apl'CS ad n:,,ancs,
:heir t:ar1&11CS &Del ocC11PG1U &a dae .. ~ dae, of aaa pr-1.MS
now bald 1J1 NCOlld pa~ie• ill me Come,' of Douala•, St:at:• .,r
Colorado, t:o-wit :
LOU l t:hTOUP 6, n.111 VAU"f S1Dl1)IV1S10I ,
loc:at:ad in pare of =a R · of Cba IIEt of S.ct:io:
•. T. 6 s •• .ar.. 61 w.,· u .·c11e ec.h ;,·.-'·
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pard.H of cba Ncood ~· ac all daaa fftely i:o pass and
rep••• on fooc, or vidl,·~~J.a, wld.alaa, load& or ocbe~.
chroll&h and aver • pare : of. cba: car.ab 1tL-..:&l of nalc:, pnaencly
owned by parc,. of t:be lidt: par:, cd.Cb p~ cormecca fine
parc,.'• nalcy with a Co10CNO 1.~ llilll"7 and *icb is ~
feat: wide, uiat:ia& 10 tMc • each Iida of a UM bet:-•11 cha
aaiJ scac• 111Sh-7 aod • palac • .....S ~ • nalcy, llbic:b
line 11 uacd.N4 .u !oU_., =~c:
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JI..N 20 '96 10:02 FR RfJ .jlO,j "(cl ~ IU ·r-:,.1.!04,l"f
coaaanc:iJII ac ehe MW cc:ner of Seccion 4,
T. 6 s. , ~-68 •. , of cbe 6:h , .H. , chanca
s ·!9° !.S' 30" E a!=:g ;he Nor= li= of
said s.ccicm 4 189.3 feac.; ;:iiuu:e s. 76°
Zl' 30" E 1691.33 feec; c.~ence S 400 21'
JO" t l48.S feec co • pouc on cile Soudlarly
ri.a;nc of vay liaa al toe Stac• 11ipV,&J whi.~h
~~i:: is :~ :%'.-?'ftfnt of bepnninf;
Thane• S 1.6° 21'
T=nca S 64° 21'
Tbance S lS0 -31'
Th<lnca S 74° 59'
Tbeoc• N 81° 58'
Thence S aa 0 43'
~ =a ~•c line
JO"£ i6.S fatlc;
30" ~ 3~5.1 feec;
30" ;; lll.O lftc;
30" E 215 .O fftc;
30·• E !2.S. 0 faec;
t 229.63 faac co a po!.nc
o~ Ute l., ·Plla Valley;
a~s~:;:,s, a~encs; servancs, cenar.~• or occupants abandon said
us11 or fail to 11aa che •-for a period of cvo :,ears, :nan Che
~ i .n sacet:d par;ios ci:aaced benby SM.L.i. n-rc co iirsc parcy.
Fi:s: parr/ ·!-.:char a;nes chac ic shall, vi.Chi."\ 60 daya
subsaCNent to cite data of this asn ... nc, rascora Clle plank1n~
in;~•• in originally; provi.cied ch&c subsequagt to the nscora•
:i~n i>Y" f:!.r11t. pact~ .u dcruaicl. seconci -par:ics s~ll. a: ~r
own coat and .a,cpacs•, repair and uintain Hid bride• c~:-eafcer.
Th• second panies·; for cba:saelws, their hai.ra and assi.ps,
hc:-aby covenanc vi.th firsc parcy, ica auccesaora aad uai.pa,
e.at chey, from a.a co daa, •d ac all daea bereafcar, ac
~:!.-r QIVft colt 4"'d •ll'!'""11e, vill npai.r md a&i&IC&ia, aacl ~
rai,ai:.d, in a pn,pc'C', aubacancial •d wzlmalika ..... r, ca.
roadway. cbe ripe of i,as•inl Cb..-oup alA llftr wld.ch ia benlt1
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t11a:.= tiar.d• and . N&l• ~ A7 · and ,.ar nn ~ a\»Oft wn~ten.
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WARRANTY DBBD
PROJECT HtJNBBR: CC 4701-076
PARCEL HtJNBBRS 2C, 2D r. 2P
THIS DBBD, made this __ day of , 1996, between the
CITY OF ENGLEWOOD, COLORADO a Home Rule City existing under and by
virtue of the laws of the State of Colorado, ("Granter"), whose
legal address is 3400 South Elati Street, Englewood, Colorado
80110, and THE COUNTY OF DOUGLAS, ("Grantee"), whose legal address
is 301 Wilcox Street, Castle Rock, Colorado 80104.
WITNBSSBTB, That the Grantor, for and in consideration of the
sum of Ten and no/100 Dollars, the receipt and sufficiency of which
is hereby acknowledged, has granted, bargained, sold and conveyed,
and by these presents does grant, bargain, sell, convey and confirm
unto the Grantee, its successors and assigns forever, all the real
property together with improvements, if any, situate, lying and
being in the County of Douglas and State of Colorado, described as
set for in Exhibits 2C, 2D, and 2F
also know by street and number as: vacant land.
TOGBTIIBR, with all and singular the hereditaments and
appurtenances thereunto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues and profits thereof: and all the estate, right, title,
interest, claim and demand whatsoever of the Granter, either in law
or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances.
TO DVB AND TO BOLD the said premises above bargained and
described, with the appurtenances, unto the Grantee, its successors
and assigns forever. And the Granter for itself, its successors
and assigns, does covenant, grant, bargain and agree to and with
the Grantee, its successors and assigns, that at the time of the
ensealing and delivery of these presents, it is well seized of the
premises above conveyed, has good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has
good right, full power and lawful authority to grant, bargain, sell
and convey the same in manner and form aforesaid, and that the same
are free and clear from all former and other grants, bargains,
sales, liens, taxes, assessments, encumbrances and restrictions of
whatever kind or nature whatsoever except as to Parcel 2F, a Right-
Of-Way and Easement Agreement recorded in Book 166, Page 261 of the
records of the Clerk and Recorder of Douglas County.
The Granter shall and will WARRANT AND FOREVER DEFEND the
above bargained premises in the quiet and peaceable possession of
the Grantee, its successors and assigns, against all and every
person or persons lawfully claiming or to claim the whole or any
part thereof.
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DI wrnmss .... ., •• the Grantor ha• cauaed its corporate name
to be hereunto aub•cribed by its Mayor, and it• corporate •eal to
be hereunto affixed, atte•ted by it• City Clerk, the day and year
fir•t above written.
ATl'EST:
Loucri•hia A. Elli•,
City Clerk
STATE OF COLORADO
COUNTY OF
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Thoma• J. Burns.
Mayor
The foregoing instrument wa• acknowledged before me thi• __
day of , 1996, by Thoma• J. Burns H Mayor and
Loucrishia A. Ellis a• City Clerk of the City of Englewood,
Colorado.
My Commi••ion Expire•:
Witness my hand and official ••al.
Notary Public
[SEAL)
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PARCEL FROM CITY OF ENGLEWOOD TO DOUGLAS COUNTY
EXHIBIT "2C"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER 2C
June 25, 1996
A tract or parcel of land No . 2C of the Department of Transportation, State of Colorado, Project No.
CC 4701-076, containing 12,026 square meters , more or less, being a portion of a parcel described
in Book 133, Page 4, Douglas County Records, in Section 4, Township 6 South, Range 68 West of
the Sixth Principal Meridian, in Douglas County, Colorado, said trad or parcel of land being more
particularly described as follows :
Beginning at a point on the east line of the NW 1/4 of said Section 4, whence the Center comer
of said section 4, a 10· x 1· x 3" Stone bears s .1•oe·o1·E., a distance of 312.846 meters (1026.40
feet);
1 . Thence N .78.54'57"W., a distance of 13.981 meters (45.87 feet);
2 . Thence along the arc of a curve to the left having a radius of 26.900 meters (88.25 feet), a
distance of 16.911 meters (55.48 feet) (the chord of said arc bears N.16.51'41"E., a distance of
16.634 meters (54.57 feet));
3 . Thence along the arc of a curve to the left having a radius of 207.800 meters (681 .76 feet), a
distance of 28.979 meters (95.08 feet) (the chord of said arc bears N.os•oe·31-w., a distance
of 28.956 meters (95.00 feet)); ·
4 . Thence along the arc of a curve to the left having I radius of 210.531 meters (690.72 feet), a
distance of 78.455 meters (257.40 feet) (the chord of uid arc bears N.14•31 ·11·w., a distance
of 78.001 meters (255.91 feet));
5 . Thence along the arc of a curve to the left having a radius of 215.000 meters (705.38 feet), a
distance of 37 .048 meters (121.55 feet) (the chord of uid arc bears N.35.14'57-W., a distance
of 37 .002 meters (121 .40 feet));
6 . Thence N.40•11·oe·w.. a distance of 43.300 meters (142.06 feet);
7 . Thence along the arc of a curve to the left having I radius of 7.500 meters (24 .61 feet), a
distance of 11 .781 meters (38.65 feet) (the chord of uid arc bears N .es•11·oe·w., a distance
of 10.607 meters (34 .80 feet));
8. Thence N .40•11·oe·w., a distance of 18.400 met .. (60.37 fNt);
9 . Thence along the arc of a curve to the left having a radius of 7 .500 .....,.. (24.61 feet), a
distance of 11.781 meters (38 .65 feet) (the chord of uid arc burs N .4.48'5rE., 1 distance of
10.607 meters (34.80 feet));
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10. Thence N .40•11 ·oe·w., a distance of 91 .023 meters (298.63 feet;
11 . Thence N .59.48'52"E., a distance of 30.463 meters (99.94 feet);
12. Thence S .40•11 ·oe·e., a distance of 85. 733 meters (281 .28 feet);
13. Thence along the arc of a curve to the left having a radius of 7 .500 meters (24.61 feet), a
distance of 11.781 meters (38.65 feet) (the chord of said arc bears S.85·11 ·oe-e .• a distance of
10.607 meters (34.80 feet));
14. Thence S .40•11 ·oe·e .• a distance of 18.400 meters (60.37 feet);
15. Thence along the arc of a curve to the left having a radius of 7 .500 meters (24.61 feet), a
distance of 11 . 781 meters (38.65 feet) (the chord d said arc bears S.4.48'52"W., a distance of
10.607 meters (34.80 feet));
16. Thence s .40•11 ·oe·e., a distance of 43.300 meters (142.06 feet);
17. Thence along the arc of a curve to the right having a radius of 245.000 meters (803.81 feet), a
distance of 42.228 meters (138.54 feet) (the chord cl said arc bears S .35.14'52"E., a distance
of 42.175 meters (138.37 feet));
18. Thence along the arc of a curve to the right having a radius of 247.791 meters (812 .96 feet), a
distance of 92. 105 meters (302.18 feet) (the chord of said arc bears .S.24-01 '55"E., a distance
of 91 .576 meters (300.45 feet));
19. Thence along the arc of a curve to the right having a radius d 252.000 meters (826.77 feet), a
distance of 57 .319 meters (188.05 feet) (the chord d said arc bears S.r37'09"E., a distance of
57 .195 meters (187 .65 feet));
20. Thence along the arc of a curve to the left having a radius 41.900 meters (137 .47 feet), a
distance of 6 .444 meters (21 .14 feet) (the chord d uid arc bears S.o-30'31"E., a distance of
6 .437 meter (21 .12 feet);
21. Thence N .68~1·2o·w., a distance of 12.436 meters (40.80 feet);
22. Thence N .78·54'57"W., a distance of 23.696 meters (77.74 feet) to the POINT OF
BEGINNING.
The above described Parcel contains 2 .972 aau/12,026 aquare meters, more or less.
BASIS OF BEARING : Grid bearings were determined by global positioning system methods .
Bearings are referenced to the line betMen point 1001 and point 192. The line between the two
monuments bears: s .81·18'29"W.
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PARCEL FROM CITY OF ENGLEWOOD TO DOUGLAS COUNTY
EXHIBIT "2D"
PROJECT NUMBER: CC 4701-078
PARCEL NUMBER 2D
June 25, 1996
A tract or parcel of land No. 20 of the Department of Tra,sportation, State of Colorado, Project No.
CC 4701-076, containing 2,744 square meters, more or less, being a portion of a parcel desaibed in
book 133, page 4, Douglas County Records, in Section 4, Township 6 South, Range 68 West of the
Sixth Principal Meridian, in Douglas County, Colorado, said tract or parcel of land being more
particularly desaibed as follows:
Beginning at the Center comer of said section 4, a 10-x r x 3" Stone;
1. Thence s .0•02·3rw_ along the east line of the SW 1/4 of said Section 4, a distance of 401.486
meters (1317 .21 feet); to the SW comer of the NW 1/4 of the SE 1/4 of said Section 4;
2 . Thence N .89.52'12"E. along the south line of said NW 1/4 of the SE 1/4 of said Section 4, a
distance of 4 .597 meters (15.08 feet);
3 . Thence S.44.57'25"W., a distance of 6.511 meters (21.36 feet) to the west line of the SW 1/4 of
the SE 1/4 of said Section 4;
4 . Thence s .0•02·31·w. along said west line of the SW 1/4 of the SE 1/4 of said Section 4, a
distance of 1.500 meters (4 .92 feet);
5. Thence s .s9•49·25·w., a distance of6.706 meters (22.00feet);
6 . Thence N.0•02·37•e., a distance of 407.565 meters (1337.15 feet) to the north line of the SW
1/4 of said Section 4;
7 . Thence N .89.40'08"E. along said north line of the SW 1/4 of said Section 4, a distance of 6 .706
meters (22.00 feet) to the POINT OF BEGINNING.
The above described Parcel contains 0 .678 acres/2,744 square meters, more or less.
BASIS OF BEARING: Grid bearings were detennined by global positioning system methods.
Bearings are referenced to the line between point 1001 and point 192. The line between the two
monuments bears: s.s1•1s'29"W.
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PARCEL FROM CITY OF ENGLEWOOD TO DOUGLAS COUNTY
EXHIBIT "2F"
PROJECT NUMBER: CC 4701.076
PARCEL NUMBER 2F
June 25, 1996
A tract or parcel of land No. 2F of the Department of Transportation, State of Colorado, Project No.
CC 4701-076, containing 3 , 150 square meters, more or less, being a portion of a parcel desaibed in
Book 133, Page 4, Douglas County Records, in Section 4, Township 6 South, Range 68 West of the
Sixth Principal Meridian, in Douglas County, Colorado, said tract or parcel of land being more
particularly desaibed as follows:
Commencing at the NW Comer of said Section 4, whence the W 1/4 Corner of said Section 4
bears S .0-34'55"E. 885.415 meters (2904.90 feet); Thence S.76926'41"E., a distance of 610.680
meters (2003.54 feet) to the TRUE POINT OF BEGINNING, said point being also on the
southwesterly right-of-way line of County Line Road;
1 . Thence along said southwesterly right-of-way line of County Line Road, along the arc of a
curve to the left having a radius of 1769.368 meters (5805.00 feet), a distance of 30.598 meters
(100 .39 feet) (the chord of said arc bears S .77.44'21"E., a distance of 30.597 meters (100 .38
feet); · ·
2 . Thence s .0•55·21·w.. a distance of 13.733 meters (45.06 feet);
3 . Thence along the arc of a curve to the left having a radius of 105.000 meters (344.49 feet), a
distance of 75 .337 meters (247 .17 feet) (the chord of said an:: bears S .19-J7'51"E., a distance
of 73. 732 meters (241. 90 feet));
4 . Thence S .40•11 ·oe·e., a distance of 7 .498 meters (24.60 feet) to the northwesterly right-of-way
line of the Highline Canal (100 .00 feet wide), as described in Book 93, Page 64, Douglas
County Records;
5 . Thence S .69•14·2e·w. along said northwesterly right-of-way line of the Highline Canal, a
distance of 31 .774 meters (104 .25 feet);
6 . Thence along the arc of a curve to the right having a radius of 135.000 meters (442.91 feet), a
distance of 93.792 meters (307 .72 feet) (the chord of said arc bears N .1e•se·45·w., a distance
of 91 .917 meters (301 .57 feet));
7. Thence N.o•ss·21·e., a distance of 19 .748 meters (64.79 feet) to the TRUE POINT OF
BEGINNING.
The above desaibed Parcel contains 0 .778 acres13 , 150 square meters, men or len.
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BASIS OF BEARING: Grid bearings were determined by global positioning system methods .
Bearings are referenced to lhe line between point 1001 and point 192. The line between the two
monuments bears: s.e1•1e'299W.
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PROJBCT lftJIIBSll: CC 4701-076
PAJlCBL IIUIIIIBRS 2A, 28 • 2G
THIS DBBD, made this~~ day of , 1996, between the
CITY OF ENGLEWOOD, COLORADO a Home Rule City exiating under and by
virtue of the laws of the State of Colorado, (•Granter•), whose
legal address is 3400 South Elati Street, Englewood, Colorado
80110, and THE COLORADO DEPARTMENT OF TRANSPORTATION, (•Grantee•),
whose legal address is 4201 East Arkansas, Denver, Colorado 80222.
lfI'l'JIIUISSTII, That the Granter, for and in consideration of the
sum of Ten and no/100 Dollars, the receipt and sufficiency of which
is hereby acknowledged, has granted, bargained, sold and conveyed,
and by these presents does grant, bargain, sell, convey and confirm
unto the Grantee, its successors and usigna forever, all the real
property together with improvements, if any, situate, lying and
being in the County of Douglas and State of Colorado, described u
set for in Exhibits 2A, 2B, and 2G.
also know by street and number as: vacant land.
'luGBiBBll, with all and singular the hereditaments and
appurtenances thereunto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, · rents,
issues and profits thereof: and all the estate, right, title,
interest, claim and demand whatsoever of the Grantor, either in law
or equity, of, in and to the above bargained premises, with the
hereditament• and appurtenances.
TO &ft Alm TO IIOLD the said premiHs above bargained and
described, with the appurtenances, unto the Grantee, its successors
and assigns forever. And the Grantor for itself, its 8Uccessor•
and assigns, does covenant, grant, bargain and agree to and with
the Grantee, it• successor• and assigns, that at the time of the
ensealing and delivery of these preaents, it is •11 Hised of the
premiaes above conveyed, bas good, sure, perfect, abaolute and
indefeasible estate of inheritance, in law, in fee simple, and bas
good right, full powr and lawful authority to grant, bargain, Hll
and convey the same in aanner and foz:,a aforesaid, and that the same
are free and clear from all former and other grants, bargaina,
sales, liens, taxes, asHssments, encumbrances and restrictiona of
whatever kind or nature whatsoever.
The Grantor shall and will WA1UIAIIT AIID POllBVBR DSPDD the
above bargained premises in the quiet and peaceable posHssion of
the Grantee, its successors and usigna, againat all and every
person or persons lawfully claiming or to claia the whole or any
part thereof.
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DJ 1fI'l'IISSS WBZRSOW, the Granter ha• caused its corporate name
to be hereunto subscribed by it• Mayor, and it• corporate seal to
be hereunto affixed, attested by its City Clerk, the day and year
first above written.
ATl'EST:
Loucriahia A. Ellis,
City Clerk
STATE OF COLORADO
COUNTY OF
)
>•• )
Thomas J. Burna,
Mayor
The foregoing instrument waa acknowledged before me this~-
day of , 1996, by Thomas J. Burns as Mayor and
Loucrishia A. Ellis as City Clerk of the City of Englewood,
Colorado.
My Coanission Expires:
Witne•• my hand and official seal.
Notary Public
[SEAL)
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PARCEL FROM CITY OF ENGLEWOOD TO COOT
EXHIBIT .. 2A"
PROJECT NUMBER: CC ,101-078
PARCEL NUMBER 2A
June 25, 1996
A tract or parcel of land No. 2A of the Department of Transportation, State of Colorado, Project No.
CC 4701-076, containing 45,846 square meters, more or less, being a portion of a parcel desaibed
in book 133, page 4, Douglas County Records, in Section 4, Township 6 South, Range 68 West of
the Sixth Principal Meridian, in Douglas Ccurty, Colorado, uid tract or parcel of land being men
particularly desaibed as follows:
Beginning at the Center comer of uid section 4, a 10" x r x 3" Stone;
1. Thence S.89.40'08"W. along said north line of the SW 1/4 of said Section 4, a distance of
54.011 meters (1n.20 feet);
2. Thence N.0•19·s2·w., a distance of 45.799 meters (150.26 feet);
3. Thence N.74.08'49"W., a distance of61.555 meters (201.95 feet);
4. Thence N.59~'48"W., a distance of 61.907 meters (203.11 feet);
5 . Thence N .43.18'51 "W., a distance of 143.343 meters (470.28 feet);
6 . Thence N.45.38'59"W., a distance of 12.056 meters (39.55 feet);
7. Thence N.&2•s5·orw .• a distance of 45.913 meters (150.83 feet);
8. Thence N.41 ~0'45"W., a distance of 37.830 meters (12,.11 fNt);
9 . Thence N.63•s2·os-w., a distance of 16.0n meters (52.75 feet);
10. Thence S .26.07'55"W., a distance of 20.157 mataf'I (66.13 feet);
11 . Thence N .63.52'05"W., a distance of '°·000 meters (131 .23 felt);
12. Thence N .2&·01·ss·e .• a distance of 20.157 me1er1 cee.13 fNt);
13. Thence N.63.52'05"W., a distance of8.009 meters (26.28fNt);
14. Thence N.e5·s2·01-w., a distance of 48.109 meters (157.84 feet);
15. Thence N.62•55·01-w., a distance of 204.486 meters (670.88 felt) to the IOUthwelterty righl-
of-way line of Colorado State Highway (C-470), u described in Book 6'5, Page 748, Douglu
County Rec:orda;
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16. Thence S.69·12·29·e. along said southwesterly right-of-way line of Colorado State Highway (C-
470), a distance of 485. 704 meters (1593.52 feet);
17. Thence S.61•52·54·e. along said southwesterly right-of-way line of Colorado State Highway (C-
470), a distance of 215.119 meters (705. n feet);
18. Thence S.75.17'35"E. along said southwesterly right-of-way line of Colorado State Highway (C-
470), a distance of 342.620 meters (1124.08 feet) to the northerly line of an easement to City
and County of Denver, as described in Book 237, Page 305, Douglas County Records:
19. Thence s.es•45·01·w. along said northerly line of an UHment to City and County of Denver,
a distance of 24.175 meters (79.31 feet);
20. Thence N. 75•17'35"W., a distance of 89.515 meters (293.69 feet);
21 . Thence S.85~3'36-W., a distance of 110.441 meters (362.34 feet);
22. Thence s .es•45·01-w., a distance of97.293 meters (319.20 feet);
23. Thence s_43•1o·se·w., a distance of34.413 meters (112.91 feet);
24 . Thence s .0•14•59•e., a distance of 8.009 meters (26.28 feet) to the north line of the SE 1/4 of
said Section 4;
25 . Thence SS9•45•01 "W. along said north line of the SE 1/4 d said Section 4, a distance of 6.341
meters (20.80 feet) to the POINT OF BEGINNING .
The above described Parcel contains 11.329 aan/45,846 square meters, more or less.
BASIS OF BEARING: Grid bearings were determined by global positioning system methods .
Bearings are referenced to the line between point 1001 and point 192. The line between the two
monuments bears: s.81·1e'29"W.
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PARCEL FROM CITY OF ENGLEWOOD TO COOT
EXHIBIT 1128"
PROJECT NUMBER: CC •701-071
PARCEL NUMBER 2B
July 11, 1996
A tract or parcel of land No. 28 of the Department of Transportatioi,, State of Colorado, Pf'Oied No.
CC 4701-076, containing 17,976 square met ... more or lell, being• portion of• parcel described
in Boak 133, Page 4, Dougla County Records, in Section 4, Township 6 South, Range 68 West of
the Sixth Principal Meridian, in Dougla County, Colorado, uid tract or parcel of land being men
particularly described as follows:
Beginning at • point on the east line of the NW 1/4 of said Section 4, whence the Center comer
of said section 4, a 10-x r x 3" Stone bears S .1-o&'01"E .• a distance of 264.617 meters (868.17
feet), said point bemg also on the northeaster1y right-of-way line of Colorado State Highway (C-470),
as described in Boak 645, Page 7 48, Douglas County Records;
1. Thence N.70938'45-W. along said northeaster1y right-of-way line of Colorado State Highway (C-
470), a distance of 2416.654 meters (809.23 feet);
2. Thence S .83.10'34"E., • distance of 157.019. meters (515.15 feet);
3. Thence s. 1e•54·5re .• • distance of 101.020 meters (331.43 feet);
4. Thence S.68~7'2o-E., a distance of 34.698 met .. (113.84 feet);
5. Thence s .1e~·11-w .• • distance or 5.ne meters (18.95 feet);
6. Thence S .25~7'49"E., a distance of 12.851 meters (42.18 feet);
7. Thence S .70.37'49"E .. a distance of90.283 meters (296.20 feet);
8 . Thence S.59.31'13"E., a distance of208.917 meters (685.42 feet);
9 . Thence S .73-01'46"E., a distance of 58.512 meters (185.41 fNt) to the nol1h11ltlrly right-of-
way line of Colorado State Highway (C-170), a dNcribed in Book 845, Page 748, Douglas
County Records ;
10. Thence N.82.10'07"W. along said north111bf1y ,w,t-of-way line of Colorado Sta H~ (C-
470), a distance of 118.137 metarl (387.58 fNt);
11 . Thence N.59~'09"W. along said l'IOl1tt II ltariy ,w,t.-of-way line of Colorado Sta H~ (C-
470), a distance of 151.• metars (488.31 r.t);
12. Thence N. 70-38'45-W. along said rlOl1tl 111t1rty ;wtl.-of-way line of Colorado Stale Highway (C-
470), • dist.Mee of 137.278.,..,. (450.38 fNt) 10 .. POINT OF BEGINNING .
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The above delcribed Pan:el contains 4.442 acres/17,976 square meters, more or less.
BASIS OF BEARING: Grid bea ii igs were determined by global positioning system methods.
8NI i igs .. ""•• ad to the line between point 1001 and point 192. The line between the two
morunents bears: s.ar1a"2VW.
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PARCEL FROM CITY OF ENGLEWOOD TO COOT
EXHIBIT •20•
PROJECT NUMBER: CC 4701-071
PARCEL NUMBER 2G
June 25, 1996
A tract or parcel of land No. 2G of the Department of Transportation, State of Colorado, Project No.
CC 4701-076, containing 782 square meters, more or lea, being a portion of a parcel described in
book 133, page 4, Douglas County Records, in Section 4, Township 6 South, Range 68 West of the
Sixth Principal Meridian, in Douglas Ccu,ty, Colorado, said ll'lld or parcel of land being more
particularly described as follows:
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Beginning at the W 1/4 comer of uid NCtion 4, a 3" BRASS CAP, whence the NW Comer of
Nici Section 4 bears N.~'55"W., a distance of 885.415 meters (2904.90 feet); Thence
N.~1'47"E., a distance of 621.798 meters (2040.02 feet) to the TRUE POINT OF BEGINNING,
said point being also on the northeasterty right-of-way line of Colorado State Highway (C-470), as
described in Book 645. Page 748, Douglas County Records;
1. Thence N.1r21'15"E., a distance of 19.232 meters (63.10fNt);
2. Thence S .7o-38'45"E., a diltanc:e of 40.000 meters (131.23fNt);
3. Thence S.15~4'22"W .. a di ... 11ce of 19.278 meler'I (63.25 fNt) to Mid nartheaterly righl-of-
wsy line of Colorado State H~ (C-470);
4. Thence N. 7o-38'45"W. along uid '10l1t1Nllllrty ngt1-of-way line of Colorado Stale Highway (C-
470), a distance of 41 .327....,.. (135.59 fNt) to .. TRUE POINT OF BEGINNING.
BASIS OF BEARING: Grid bNli11g1 W1r9 datllrmiled by global posilaq syam methods.
Dearings .. referenced to .. line betWNn point 1001 and point 192. The line betwNn the two
morunents bears: S .87"1rNW.
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PROJBCT NmlBD: CC 4701-076
PllCBL NmlBD 2B
THIS DEED, made this~~ day of , 1996, between the
CITY OF ENGLEWOOD, COLORADO a Home Rule City existing under and by
virtue of the laws of the State of Colorado, (•Granter•), whose
legal address is 3400 South Elati Street, Englewood, Colorado
80110, and THE DENVER WATER DEPARTMENT, ("Grantee"), whose legal
address is 1600 West 12th Avenue, Denver, Colorado 80254.
WITNBSSETII, That the Granter, for and in consideration of the
sum of Ten and no/100 Dollars, the receipt and sufficiency of which
is hereby acknowledged, has granted, bargained, sold and conveyed,
and by these presents does grant, bargain, sell, convey and confirm
unto the Grantee, its successors and assigns forever, all the real
property together with improvements, if any, situate, lying and
being in the County of Douglas and State of Colorado, described as
set for in Exhibits 2E.
also know by street and number as: vacant land.
TOGBTBBR, with all and singular the hereditaments and
appurtenances thereunto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues and profits thereof: and all the estate, right, title,
interest, claim and demand whatsoever of the Granter, either in law
or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances.
TO DVB um TO BOLD the said premises above bargained and
described, with the appurtenances, unto the Grantee, its successors
and assigns forever. And the Granter for itself, its successors
and assigns, does covenant, grant, bargain and agree to and with
the Grantee, its successors and assigns, that at the time of the
ensealing and delivery of these presents, it is well seized of the
premises above conveyed, baa good, sure, perfect, absolute and
indefeasible estate of inheritance, in law, in fee simple, and has
good right, full power and lawful authority to grant, bargain, sell
and convey the same in manner and form aforesaid, and that the same
are free and clear from all former and other grants, bargains,
sales, liens, taxes, assessments, encumbrances and restrictions of
whatever kind or nature whatsoever.
The Granter shall and will WARRANT AND FOREVER DEFEND the
above bargained premises in the quiet and peaceable possession of
the Grantee, its successors and assigns, against all and every
person or persons lawfully claiming or to claim the whole or any
part thereof. ·
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D wrl'JIS88 IIIISRSOP, the Grantor baa cauaed ita corporate name
to be hereunto aubacribed by ita Mayor, and ita corporate aeal to
be hereunto affixed, atteated by it• City Clerk, the day and year
firat above written.
ATl'EST:
Loucriahia A. Ellis,
City Clerk
STATE OF COLORADO
COUNTY OF
) >•• )
Thoma• J. Suma,
Mayor
The foregoing instrument waa acknowledged before me thia __ _
day of , 1996, by Thoma• J. Suma a• Mayor and
Loucriahia A. Elli• •• City Clerk of the City of Englewood,
Colorado.
My C011111iaaion Expirea: -----------------
Witne•• my band and official ... 1.
llotary Public
[SEAL]
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PARCEL FROM CITY OF ENGLEWOOD TO DWD
EXHIBIT "2E"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER 2E
June 25, 1996
A trad or parcel of land No. 2E of the Department of Transportation, State of Colorado, Project No.
CC 4701-076, containing 2, 166 square meters, more or less, being a portion of a parcel described in
Book 133, Page 4, Douglas County Records, in Sedion 4, Township 6 South, Range 68 West of the
Sixth Principal Meridian, in Douglas County, Colorado, said tract or parcel of land being more
particularly described as follows :
Commencing at the NW Comer of said Sedion 4, whence the W 1/4 Comer of said Sedion 4
bears s.0•34•55·E. 885.415 meters (2904.90 feet); Thence S.58.46'54"E., a distance of 668.188
meters (2192 .21 feet) to the TRUE POINT OF BEGINNING, said point being also on the
southeasterly right-of-way line of the Highline Canal, as described in Book 93, Page 64. Douglas
County Records;
1. Thence N.21 •53·33"E . along said southeasterly right-of-way line of the Highline Canal, a
distance of 32 .069 meters (105.21 feet);
2 . Thence along said southeasterly right-of-way line of the Highline Canal along the arc of a curve
to the right having a radius of 55.289 meters (181 .39 feet), a distance of 45.690 meters (149.90
feet) (the chord of said arc bears N .45.34'00-E., a distance of 44.401 meters (145.67 feet));
3 . Thence N .69.14'28"E. along said southeasterly right-of-way line of the Highline Canal, a
distance of 133.114 meters (436.73 feet);
4 . Thence along the arc of a curve to the left having a radius of 85.537 meters (280.63 feet), a
distance of 14.073 meters (..S.17 feet) (the chord of said arc bears S.64.31'40"W., a distance
of 14 .057 meters (..S.12 feet));
5 . Thence s _59•4a·52·w .• a distance of 156.562 meters (513.65 feet);
6 . Thence along the arc of a curve to the left having a radius of 47.314 meters (155.23 feet), a
distance of 31 .315 meters (102.74 feet) (the chord of said arc bears s.40•51·12·w., a distance
of 30 .747 meters (100.88 feet)) to the TRUE POINT OF BEGINNING.
The above described Parcel contains 0.535 acrnl2, 166 square meters, more or less.
BASIS OF BEARING: Grid bearings were determined by global positioning system methods.
Bearings are referenced to the line between point 1001 and point 192. The line between the two
monuments bears: s .e1•1e·29"W.
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CiJWff or IMIIIIN'J'
PROJSCT IIUIIBD1 cc' 4701-076
PAllCBL IIUIIBDS PB-2A, PB-2B, SB-2A, SB-2B • SB-2B
THIS GRANT OF AN EASEMENT (•this Grant•) is made this __ day
of , 1996 by the CITY OF ENGLEWOOD, COLORADO a Home Rule
City existing under and by virtue of the laws of the State of
Colorado, (•Granter•), whose address is 3400 South Elati Street,
Englewood, Colorado 80110, to the COLORADO DEPARTMENT OF
TRANSPORTATION, (•Grantee•), whose address is 4201 East Arkansas,
Denver, Colorado 80222.
The Parties covenant and agree as follows:
1. Easement Property. The •Easement Property• shall mean
the real property located in the County of Douglas, State of
Colorado, more particularly described on attached Exhibits PE-2A,
PE-28, SE-2A, SE-28, and SE-2E.
2. Consideration. As consideration of this Grant, Grantee
shall pay to Granter the sum of Ten Dollars ($10.00) and other good
and valuable consideration paid by Grantee, receipt of which is
hereby acknowledged by Granter.
3. Grant of Easement. Granter hereby grants to Grantee, its
successors and assigns, an easement over, across and through the
Easement Property for the purpose of providing drainage and
maintaining the proper slope on the highway abutting the Easement
Property.
4 . Access. Grantee shall have the perpetual, right of
ingress and egress, in, to, over, through and across the Easement
Property for any purpose necessary or desirable for the full
enjoyment of the rights granted to Grantee under this Grant.
s. Rights of Granter. Granter reserves the full right to
the undisturbed ownership, use, and occupancy of the Easement
Property insofar as said ownership, use, and occupancy is
consistent with and does not impair the rights granted to Grantee
to this Grant.
6. Abandonment. In the event that Grantee shall abandon
the rights granted to it under this Grant, all right, title and
interest hereunder of Grantee shall cease and terminate, and
Granter shall hold the Easement Property, as the same may then be,
free from the rights of Grantee so abandoned and shall own all
materials and structures of Grantee so abandoned.
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7. warranty of Title. Granter warrants and represents that
Granter is the fee simple owner of the Eaaement Property and that
Granter has full right, title and authority, and that this Grant is
effective to grant and convey to Grantee the within described
easement subject to eaaementa and reservations of record. Granter
further covenants and agrees to indemnify, defend and hold Grantee
harmleas from and ag inst any adverse claim to the title of the
Easement Property by all and every person or persona lawfully
claiming or to claim the whole or any part thereof except those of
record.
8 • Binding Ef fest . Thia Grant shall extend to and be
binding upon the heirs, personal representatives, successors and
assignees of the respective parties hereto. The terms, covenants,
agreements and conditions in this Grant shall be construed as
covenants running with the land.
IN WITNESS WHEREOF, the parties hereto have executed this
Grant of Easement the day and year first above written.
ATTEST:
Loucrishia A. Ellis,
City Clerk
STATE OF COLORADO )
>••· COUNTY OF _______ )
Thomas J. Burns,
Mayor
Thia foregoing instrument was acknowledged before me this_
day of .....,....---....,,...,,....,....--• 1996, by Thoma• J. Burns aa Mayor and
Loucriahia A. Elli• aa City Clerk of the City of Englewood,
Colorado.
My Commission Expire•:-----------~
Notary Public
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PARCEL FROM CITY OF ENGLEWOOD TO COOT
EXHIBIT "PE-2A"
PROJECT NUMBER: CC 4701-078
PARCEL NUMBER PE-2A
July 11, 1996
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A permanent Slope and Drainage easement No. PE-2A of the Department of Transportation, State cf
Colorado, Project No. CC 4701~76, containing 5,018 square meters, more or less, being a portion cf
a parcel described in Book 133, Page 4, Douglas County Records, in Section 4, Township 6 South,
Range 68 West of the Sixth Principal Meridian, in Douglas County, Colorado, said tract or parcel cf
land being more particularly described as follows:
Begiming at a point on the south line of the NW 1/4 of said Section 4, whence the Center
comer of said section 4, a 10" x r x 3" Stone bears N .89.40'08"E .• a distance of 54.011 meters
c1n.20 feet),;
1. Thence S.89.40'08"W. along said south line of the NW 1/4 of said Section 4, a distance cf
5.814 meters (19.08 feet);
2 . Thence N .00•19•52-w .• a distance of 37 .018 meters (121 .45 feet);
3. Thence N.74~'15"W., a distance cf 120.234 meters (394 .47 feet);
4 . Thence s .14•14·52-w .• a distance of 14.026 meters (46.02 feet);
5. Thence N . 15•45·oe-w .• a distance ct 23. 102 meters en. 76 feet);
6 . Thence N .01•16'01"W., a distance cf '14 .440 meters (145 .80 feet);
7 . Thence N .33.06'44-W., a distance cf 120.632 meters (395.n fNt):
8 . Thence S.45.38'59"E., a distance cf 12.056 meters (39.55 feet);
9 . Thence S.43.18'51"E., a distance cf 143.343 meters (470.28 feet);
10. Thence S.59.26'48"E. ,a distance of 61.907 meters (203.11 feet);
11 . Thence S.74•08'49"E., a distance of 61 .555 meters (201.95 feet);
12. Thence s .00•19·52"E .• a distance of 45.799 metn (150.26 feet) to the POINT OF
BEGINNING.
The above described Parcel contains 1.240 acrel/5,018 square metn, men of lea .
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BASIS OF BEARING: Grid bearings were determined by global positioning system melhods .
Bearings .. referenced to the line between point 1001 and point 192. The line between the two
monuments be .. : sa1•1e·29"W.
For the purpose of slope maintenance and drainage improvementl.
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PARCEL FROM CITY OF ENGLEWOOD TO COOT
EXHIBIT 11 PE-28•
PROJECT NUMBER: CC 4701-071
PARCEL NUMBER PE-28
Ju,e 25, 1996
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A permanent Drainage easement No. PE-2B of the Department of Transportation, State of Colorado,
Project No. CC 4701~76, containing 541 square meters, more or less, being• portion cl• parcel
deeaibed in book 133, page 4, Douglas County Records, in Section 4, Township 6 South, Range 88
Welt of the Sixth Principal Meridian, in Douglas County, Colorado, uid tract or parcel of land being
more partia.alarly described as follows:
Commencing at the W 1/4 comer of said section 4, a 3" BRASS CAF!. whence the NW Comer
of Nid Section 4 bears N.o-34'55"W., a distance of 885.415 meters (2904.90 feet); Thence
N.35.49'41"E., a distance of 432.147 meters (1417.80 feet) to the TRUE POINT OF BEGINNING;
1. Thence S.62•55'0TE., a distance of 127.827 meters (419.38 feet);
2. Thence s.es•s2·01·E .• a distance of 48.109 meters (157.84 feet);
3. Thence S.63.52'05"E ., a distance of 8.009 meters (26.28 feet);
4. Thence N.es•52·01-w .• • distance of ss.143 meters (184.20 feet);
5. Thence N.62·ss·orw .• • distance of 128.436 meters (421.38 feet);
6. Thence N.27•Q4'53"E., a distance of 3.000 meters (9.84 feet) to the TRUE POINT OF
BEGINNING.
The above desaibed Parcel contains 0.134 acres/541 square meters. more or less.
BASIS OF BEARING : Grid bearings were determined by global positioning system methods.
Bearings are referenced to the line between point 1001 and point 192. The line between the two
monunems bears: s .81·18'29"W.
For the purpose of drainage improvements.
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PARCEL FROM CITY OF ENGLEWOOD TO COOT
EXHIBIT "SE-2A"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER SE-2A
July 11, 1996
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A permanent Slope easement No . SE-2A cf the Department of Transportation, State of Colorado,
Project No . CC 4701-076, containing 1, 194 sq&ae meters, more or less, being a portion of a parcel
desaibed in book 133, page 4, Douglas County Records, in Section 4, Township 6 South, Range 68
West of the Sixth Principal Meridian, in Douglas Ccu,ty, Colorado, said tract or parcel of land being
more particularly described as follows:
Commencing at the W 1/4 comer of said Hdion 4, a 3• BRASS CAP, whence the NW Comer
of said Section 4 bears N .0-34'55-W., a distance of 885.415 meters (2904.90 feet): Thence
N.65-J1·21·E., a distance of 802.114 meters (2631.60 feet) to the TRUE POINT OF BEGINNING:
1. Thence N.e3•10·34·w., a distance of 157.019 meters (515.15 feet) to the northeasterly right-ot-
way line of Colorado State Highway (C~70), as desaibed in Book 645, Page 748, Douglas
County Records;
2. Thence N .10•35•45•w., along said right-of-way line of Colorado State Highway (C~70),
northeasterly, a distance of 30.008 meters (98.45 feet);
3 . Thence N.1s•24·22·E., a distance of 7.369 meters (24.18 feet):
4 . Thence s .1e•54·sre., a distance of 185.725 meters (609.33 feet) to the TRUE POINT OF
BEGINNING.
The above described Parcel contains 0 .295 acres/1, 194 lqla'8 meters, more or less.
BASIS OF BEARING: Grid bearings W9f'9 determined by global positioning system methods.
Bearings are refeienced to the line between point 1001 aid point 192. The line between the two
monuments bears: s .e1•1e·2VW.
For the purpose of a roadway slope.
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PARCEL FROM CITY OF ENGLEWOOD TO COOT
EXHIBIT "SE-28"
PROJECT NUMBER: CC 4701-071
PARCEL NUMBER SE-28
Jw,e 25, 1996
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A pernwwtt Slope easement No. SE-2B of the Depar1rMnt of Transportation, State of Colorado,
Project No. CC 4701-076, containing 200 squae meters, more or less, being • portion of a parcel
desaibed in book 133, page 4, Douglas County Recarda, in Section 4, Township 6 South, Range 68
Welt of the Sixth Principal Meridian, in Douglas Ccu,ty, Colorado, said tract or parcel of land being
mare pertia.llarly described u follows:
Begiming at the W 1/4 comer of said section 4, a :r BRASS CAP, whence the NW Comer d
said Section 4 bears N.o-34'55-W., a distance of 885.415 meters (2904.90 feet) ; Thence
N.52~1'4TE., a distance of 621 .798 meters (2040.02 feet) to the TRUE POINT OF BEGINNING,
said point being also on the northeasterly right4-way line of Colorado State Highway (C-470), •
described in Book 645. Page 7 48, Douglas Ccu,ty Records;
1. Thence N .7o•38'45"W., along said northeasterly right4-way line of Colorado State Highway
(C-470), a distance of 36.538 meters (119.87 feet);
2 . Thence s .e1•20·23·E .• • distance of 38.145 meters (125.15 feet);
3. Thence s.1s•21·15·w .• a distance of 10.957 meters (35 .95 feet) to the TRUE POINT OF
BEGINNING. .
The above described Parcel contains 0.049 acrN/200 1qUS9 .....,.., men o, lea.
BASIS OF BEARING: Grid bearings _.. dNrmined by global politioni ng aystem methods.
8Nringl ... r9ferenc:ed to the line between point 1001 and point 192. The line between the two
morunents bears: s .e1•1e·29"W.
Fo, the purpose of a roadway slope.
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PARCEL FROM CITY OF ENGLEWOOD TO COOT
EXHIBIT "SE-2E"
PROJECT NUMBER: CC 4701-071
PARCEL NUMBER SE·2E
June 25 , 1996
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A Slope easement No . SE-2E of the Department of T,.. llpOrtation, State of Colorado, Project No .
CC 4701-076, containing 3,922 square meters, more or lea, being a portion of a parcel described in
book 133, page 4, Douglas County Records, in Section 4, Township 8 South, Range 88 West of the
Sixth Principal Meridian, in Douglas County, Colorado , said tract or pa-eel of land being more
particularly described as follows:
Commencing at the W 1/4 comer of said section 4, a 3• BRASS CAP, whence the NW Comer
of said Section 4 bears N.0•34•55•w .• a distance of 885.415 meters (2904.90 feet); Thence
N. 10•47•17" E .• a distance of 912.236 meters (2992 .89 feet) to the TRUE POINT OF BEGINNING;
1. Thence S.68.27'20"E ., a distance of 83.455 meters (273.80 feet);
2. Thence S.57.24'34"E .• a distance of 179.304 meters (588.27 feet);
3. Thence S.74.21'33"E .• a distance of 62.456 meters (204.91 feet);
4. Thence N.16·58'14"E .• a distance of 10.110 meters (35.14 feet):
5. Thence s .13•01'46"E .• a distance of 40 .000 meters (131.23 feet):
6 . Thence s .16·S8'14'W., a distance of 9.781 meters (32.09 feet);
7. Thence S.74.21'33"E., a distance of 22.067 meters (72 .40 feet) to the east boundary of the City
of Englewood property, as desaibed in Book 133, Page 4, Douglas Cou,ty Rec:ordl ;
8. Thence s .01•0012"E., along said east bolM1dary of the City of Englewood property, a distance
of 12 .211 meters (40 .06 feet) to the northeuterty right-of-way line of Colorado State Highway
(C-470), u described in Book 483, Page 195, Douglas Cou,ty Records;
9. Thence N.82.10'07'W., along said northeuterty right-of-way line of Colorado State Highway
(C-470), a distance of 26 .161 meters (85 .83 feet);
10. Thence N.73.01'46'W .• a distance of 56 .512 meters (185.41 feet);
11. Thence N.59.31'13'W., a distance of 208.917 meters (685.42 feet);
12 . Thence N.70.37'49'W., a distance of 90 .283 meters (296.20 fHt);
13. Thence N.25.37'49'W., a distance of 12.851 meters (42.18 feet);
14. Thence N.1~11"E .• a distance of 5.ne met1r1 (18.95 fNt) to the TRUE POINT OF
BEGINNING .
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The above described Parcel contains 0.969 aaea/3,922 lqlae meters, more or less.
BASIS OF BEARING: Grid bearings were determined by global positjonjng system methods.
Bearings are~ to the line between point 1001 and point 192. The line between the two monuments bears: S.87•18'29'W.
For the purpose of a roadway slope.
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PROJBCT liltJIIIID: CC 4701-076
PARCEL liltJIIIIDS PB-2D • PS-2S
THIS GR.ANT OF AN EASEMENT {"this Grant•) is made this __ day
of , 1996 by the CITY OF ENGLEWOOD, COLORADO a Home Rule
City existing under and by virtue of the laws of the State of
Colorado, (•Granter•), whose address is 3400 South Elati Street,
Englewood, Colorado 80110, to the HIGHLANDS RANCH METROPOLITAN
DISTRICT NO. 3, {"Grantee") whose address is 62 West Plaza Drive,
Highlands Ranch, Colorado 80126.
The Parties covenant and agree as follows:
1. Easement Property. The "Easement Property• shall mean
the real property located in the County of Douglas, State of
Colorado, more particularly described on attached Exhibits PE-2D
and PE-2E.
2. Consideration. As consideration of this Grant, Grantee
shall pay to Granter the sum of Ten Dollars ($10.00) and other good
and valuable consideration paid by Grantee, receipt of which is
hereby acknowledged by Granter.
3 . Grant of Easement. Grant or hereby grants to Grantee. its
successors and assigns, an easement over, across and through the
Easement Property for the purpose of constructing and maintaining
a paved trail.
4 . Access. Grantee shall have the perpetual, right of
ingress and egress, in, to, over, through and aero•• the Easement
Property for any purpoae necessary or deairable for the full
enjoyment of the rights granted to Grantee under this Grant.
s. Rights of Grantor. Granter reaerve• the full right to
the undisturbed ownerahip, uae, and occupancy of the Eaaement
Property insofar as said ownerahip, uae, and occupancy ia
consistent with and doe• not impair the right• granted to Grantee
to this Grant.
6. Abandonment. In the event that Grantee aball abandon
the rights granted to it under thia Grant, all right, title and
interest hereunder of Grantee aball ceaae and terminate, and
Granter shall hold the Eaaement Property, aa the same may then be,
free from the rights of Grantee ao abandoned and aball own all
materials and structures of Grantee ao abandoned.
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7. warranty of Title . Grantor warrant• and repreaenta that
Grantor ia the fee simple owner of the Eaaement Property and that
Grantor baa full right, title and authority, and that thia Grant ia
effective to grant and convey to Grantee the within deacribed
eaaement aubject to eaaementa and reaervationa of record. Grantor
further covenant• and agree• to indemnify, defend and hold Grantee
harmleaa from and againat any adverae claim to the title of the
Eaaement Property by all and every peraon or peraona lawfully
claiming or to claim the whole or any part thereof except .thoae of
record.
a . Bipdigq Rffac;t. Thia Grant ahall extend to and be
binding upon the heira, peraonal repreaentativea, aucceaaora and
aaaignees of the reapective partiea hereto. The teru, covenanta,
agreements and conditiona in thia Grant ahall be conatrued aa
covenant• running with the land.
IN WITNESS WHEREOF, the partiea hereto have executed this
Grant of Easement the day and year firat above written.
ATl'EST:
Loucrishia A. Ellis,
City Clerk
STATE OF COLORADO ) >••·
COUNTY OF ------->
Thomae J. Burne,
Mayor
Thia foregoing inatrument waa acknowledged before -thia _
day of --------• 1996, by Thomae J. Burne aa Mayor and
Loucriahia A. Ellie aa City Clerk of the City of Snglewood,
Colorado.
Notary Public
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PARCEL FROM CITY OF ENGLEWOOD TO HIGHLANDS RANCH METRO DISTRICT
EXHIBIT "PE-20"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER PE-20
June 25, 1996
A permanent Easement No . PE-20 of the Department of Transportation, State of Colorado, Project
No. CC 4701-076, containing 1,384 square meters, more or less, being • portion of a parcel
described in Book 133, Page 4, Douglas County Records, in Section 4, Township 6 South, Range 68
West of the Sixth Principal Meridian, in Douglas County, Colorado, said tract or parcel of land being
more particularly described as follows:
Commencing at the NW Corner of said Section 4, whence the W 1/4 Corner of said Section 4
bears S.0"34'55"E. 885.415 meters (2904.90 feet); Thence S.76931'25"E .• a distance of 647.278
meters (2123.61 feet) to the TRUE POINT OF BEGINNING, said point being also on the
southwesterly right-of-way line of County Line Road;
1. Thence along said southwesterly right.of-way line of County Line Road, along the arc of a
curve to the left having a radius of 1769.368 meters (5805.00 feet), a distance of 126.707
meters (415.70 feet) (the chord of said arc bears S.80°28'51"E., a distance of 126.680 meters
(415.61 feet);
2 . Thence S.70°37'43"E., a distance of 6.453 meters (21.17 feet);
3 . Thence along the arc of a curve to the left having a radius of 174.000 meters (570.86 feet), a
distance of 61.043 meters (200.27 feet) (the chord of said arc bears S.S0-40'44"E., a distance
of 60 .730 meters (199.25 feet)) to the northerly right-of-way line of the Highline Canal (100.00
feet wide), as described in Book 93, Page 64, Douglas County Records;
4 . Thence along said northerly right-of-way line of the Highline Canal , along the arc of a curve to
the left having a radius of 315.383 meters (1034.72 feet), a distance of 40.957 meters (134 .37
feet) (the chord of said arc bears S.78°34'09"W., a distance of 40.928 meters (134.28 feet);
5 . Thence along the arc of a curve to the right having a radius of 186.000 meters (610.23 feet), a
distance of 24 .716 meters (81.09 feet) (the chord of said arc burl N .74"26'0S-W., a distance
of 24 .698 meters (81 .03 feet));
6 . Thence N.70°37'43"W., a distance of 28.944 meters (94.96 feet);
7 . Thence along the arc of a curve to the left having a radius of 114.000 meters (374.01 feet), a
distance of 24.961 meters (81 .89 feet) (the chord of said arc bears N .76°54'04"W., a distance
of 24 .911 meters (81 . 73 feet));
8. Thence N .83°10'26"W., • distance of 45.196 meters (148.28 feet);
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9. Thence along the arc of• curve to the right having• radius of 56.000 meters (183.73 feet),•
distance of 34.088 meters (111.84 feet) (the chord cl Nici arc bears N.65•44·orw., a distance
of 33.564 meters (110.12 feet) to the TRUE POINT OF BEGINNING.
The above described Parcel contains 0.342 acrn/1,384 square meters, mare or 1 ....
BASIS OF BEARING: Grid bearings were determined by global positioning system methods.
Swings .. referenced to the line between point 1001 and point 192. The line between the two
monuments t>ears: s.e1·18'29"W.
For the pwpoN of a bicycle trail .
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PARCEL FROM CITY OF ENGLEWOOD TO HIGHLANDS RANCH METRO DISTRICT
EXHIBIT "PE-2E"
PROJECT NUMBER: CC 4701-076
PARCEL NUMBER PE-2E
June 25, 1996
A permanent Easement No . PE-2E of the Department of Transportation, State of Colorado, Project
No. CC 4701-076, containing 3,579 square meters, more or less, being a portion of a parcel
described in Book 133, Page 4, Douglas County Records, in Section 4, Township 6 South, Range 68
West of the Sixth Principal Meridian, in Douglas County, Colorado, said tract or parcel of land being
more particularly described as follows:
Commencing at the NW Comer of said Section 4, whence the W 1/4 Comer of said Section 4
bears S ,o•34'55"E . 885.415 meters (2904 .90 feet); Thence S.76~5'51"E., a distance of 595.947
meters (1955.20 feet) to the TRUE POINT OF BEGINNING, said point being also on the
southwesterly right-of-way line of County Line Road;
1. Thence S. 76°46'58"E . along said southwesterly right-of-way line of County Line Road, a
distance of 0.498 meters (1 .63 feet);
2 . Thence continuing along said southwesterly right-of-way line of County Line Road, a_long the
arc of a curve to the left having a radius of 1769.368 meters (5805.00 feet), a distance of
11 .619 meters (38.12 feet) (the chord of said arc bears S .76•58'15"E., a distance of 11 .619
meters (38 .12 feet);
3 . Thence s.21•00·04·w., a distance of 3.691 meters (12 .11 feet);
4 . Thence along the arc of a curve to the right having a radius of 36.000 meters (118.11 feet), a
distance of 26 .863 meters (88 .13 feet) (the chord of said arc bears S .42•22•40•w., a distance
of 26.244 meters (86.10 feet));
5 . Thence s _53•45·11·w., a distance of 58 .157 meters (190 .80 feet);
6 . Thence along the arc of a curve to the left having a radius of 54.000 meters (177.16 feet), a
distance of 69.672 meters (228.58 feet) (the chord of said arc bears S.26.47'34"W., a distance
of 64.939 meters (213 .05 feet));
7 . Thence s .10•10·1o"E .• a distance of 44 .959 meters (147 .50 feet);
8 . Thence along the arc of a curve to the left having a radius of 70.000 meters (229.66 feet), a
distance of 32.780 meters (107 .54 feet) (the chord of said arc bears S .23.35'05"E .• a distance
of 32.481 meters (106 .36 feet));
9 . Thence S.37·oo·oo·E ., a distance of 12.412 melers (40.72 fNt);
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10. Thence along the arc of a curve to the right having a radius of 66.000 meters (216.53 feet), a
distance of 33.301 meters (109.26 feet) ( the chord of said arc bears s.22•32•43·e .• a distance
of 32.949 meters (108.10 feet)) to the northwesterly right-of-way line of the Highline Canal, as
desaibed in Book 93, Page 64, Douglas County Records;
11. Thence s.21 •53•33•w. along said northwesterly right-of-way line of the Highline Canal, a
distance of 29.959 meters (98.29 feet);
12 .. Thence N.11•oa·os·w .• a distance of 3.247 meters (10.65 feet);
13. Thence along the arc of a curve to the left having a radius of 54.000 meters c1n.16 feet), a
distance of 52.651 meters (172 .74 feet) (the chord of said arc bears N.09.04'04-W., a distance
of 50.590 meters (165.98 feet));
14. Thence N.31•00·00-w., a distance of 12.412 meters (40.72 feet);
15. Thence along the arc of a curve to the right having a radius of 82.000 meters (269.03 feet), a
distance of 38.399 meters (125.98 feet) (the chord of said arc bears N.23•35·os-w., a distance
of 38.049 meters (124.83 feet));
16. Thence N.10•10·10-w., a distance of 44.959 meters (147.50 feet);
17. Thence along the arc of a curve to the right having a radius of 66.000 meters (216.53 feet), a
distance of 85.155 meters (279.38) (the chord of said arc bears N.26.47'34"E., a distance rl
79.370 meters (260.40 feet));
18. Thence N.63.45'17"E .• a distance of 58.157 meters (190.80 feet);
19. Thence along the arc of a curve to the left having a radius of 24.000 meters (78.74 feet), a
distance of 17.909 meters (58.76 feet) (the chord of said an: bears N.42922'40"E., a distance rl
17.496 meters (57.40 feet));
20. Thence N.21•00'04"E., a distance of 2.012 meters (6.60 feet) to the TRUE POINT OF
BEGINNING.
The above desaibed Parcel contains 0.884 acres/3,579 square meters, more or less.
BASIS OF BEARING: Grid bearings were determined by global positioning system methods.
Bearings are referenced to the line between point 1001 ancl point 192. The line between the two
monuments bears : S.81·18'29"W.
For the purpose of a bicyde trail.
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GRANT or IMIQHT
PROJECT NtJMBBR: CC 4701-076
PARCSL NtJMBBR PB-2C
THIS GRANT OF AN EASEMENT ("this Grant") is made this __ day
of , 1996 by the CITY OF ENGLEWOOD, COLORADO a Home Rule
City existing under and by virtue of the laws of the State of
Colorado, ("Granter"), whose address is 3400 South Elati Street,
Englewood, Colorado 80110, to the CENTENNIAL WATER AND SANITATION
DISTRICT, ("Grantee") whose address is 62 West Plaza Ori ve,
Highlands Ranch, Colorado 80126.
The Parties covenant and agree as follows:
1. Easement Property. The "Easement Property" shall mean
the real property located in the County of Douglas, State of
Colorado, more particularly described on attached Exhibit PE-2C.
2. consideration. As consideration of this Grant, Grantee
shall pay to Granter the sum of Ten Dollars ($10.00) and other good
and valu~ble consideration paid by Grantee, receipt of which is
hereby acknowledged by Granter.
3. Grant of Easement. Granter hereby grants to Grantee, its
successors and assigns, an easement over, across and through the
Easement Property for the purpose of constructing, operating,
maintaining, repairing, replacing and removing the Lines and
Apprutenances, as hereinafter defined.
4. Lines and Appurtenances. "Line• and Appurtenances• shall
mean one or more underground utility lines together with all
necessary or desirable aboveground facilities and appurtenances for •
the Grantee' a operation of said utility lines. Except to the
extent necessary, all of the Linea and Appurtenances shall be
constructed, kept, and maintained underground.
s. Access. Grantee shall have the perpetual, right of
ingress and egress, in, to, over, through and across the Easement
Property for any purpose necessary or desirable for the full
enjoyment of the rights granted to Grantee under this Grant.
6. Rights of Granter. Granter reserves the full right to
the undisturbed ownership, use, and occupancy of the Easement
Property insofar as said ownership, use, and occupancy is
consistent with and does not impair the rights granted to Grantee
to this Grant. In the event Granter'• improvements under the
Easement require repair, replacement or maintenance of any type or
kind, Granter may do so with reasonable notice. Coat of repair and
restoration of surface improvements shall be done at the coat of
the Grantee.
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7. Restoration. Grantee agrees that after Grantee's
construction, if applicable, and after any maintenance, repair,
replacement, or removal of any of the Linea and Appurtenances,
Grantee shall restore the surface of the Easement Property, as
nearly as reasonably possible, to the grade and condition it was in
immediately prior to said construction, maintenance, repair,
replacement, or removal, except as may be necessary to accommodate
the Lines and Appurtenances. Grantee also agrees to restore and
repair any paving, curb, gutter, and fences which are damaged, by
such maintenance, repair, replacement, or removal . Grantee further
agrees to replace any topsoil removed from any areas on the
Easement Property, to re-seed the disturbed area so as to prevent
erosion, to restore landacaping, as nearly as reasonably possible,
to its original condition, and to remove any excess earth resulting
from said construction, maintenance, repair, replacement, or
removal, at Grantee's sole coat and expense.
8. Abandonment. In the · event that Grantee shall abandon
the rights granted to it under this Grant, all right, title and
interest hereunder of Grantee shall cease and terminate, and
Granter shall hold the Easement Property, as the same may then be,
free from the rights of Grantee so abandoned and shall own all
materials and structures of Grantee so abandoned.
9. warranty gf Title. Granter warrants and represents that
Granter is the fee simple owner of the Easement Property and that
Granter has full right, title and authority, and that this Grant is
effective to grant and convey to Grantee the within described ·
easement subject to easements and reaervations of record. Granter
further covenants and agrees to indemnify, defend and hold Grantee
harmless from and against any adverse claim to the title of the
Easement Property by all and every person or persona lawfully
claiming or to claim the whole or any part thereof except those of
record.
10. Binding Effect. Thi• Grant shall extend to and be
binding upon the heirs, personal representatives, aucceaaora and
assignees of the reapective partiea hereto. The terma, covenant•,
agreements and conditions in thia Grant shall be construed as
covenants running with the land.
IN WITNESS WHEREOF, the partiea hereto have executed thia
Grant of Easement the day and year first above written.
A'ITEST:
Loucriahia A. Ellis,
City Clerk
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Thoma• J. Suma,
Mayor
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STATE OF COLORADO ) >••· COUNTY OF~~~~~~~>
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This foregoing in•trument wa• acknowledged before me this
day of , 1996, by Thomas J. Burns as Mayor and
Loucriahia A. Ellis •• City Clerk of the City of Englewood,
Colorado.
My Commission Expire•=~~~~~~~~~~~
Notary Public
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PARCEL FROM CITY OF ENGLEWOOD TO CENTENNIAL W & S DISTRICT
EXHIBIT •PE-2C"
PROJECT NUMBER: CC 4701-o71
PARCEL NUMBER PE-2C
Jww 25, 1996
A permanent Utility easement No. PE-2C of the Oeparanent of Tranaportation, State of Colorado,
Prajec::t No. CC 4701-076, containing 1,203 square rnetera, more or lea, being • po,tian of • parcel
dNcribed in book 133, page 4, Douglas County Rec:ardl, in Section 4, Township 6 South, Range 68
Welt of the Sixth Principal Meric:li.,, in 0oug!U Cow,ty, Colorado, uid tract or parcel of land being
more particularly described a follows:
Begiming at lhe W 1/4 comer of said section 4, a l9 BRASS CAP, whence the NW Comer cl
Nici Section 4 bears N.o-34'S5"W ., a distance cl 885.415 meters (2904.90 feet) ; Thence
N.55926'31"E., a distance cl 645.243 meters (2116.93 fNt) to the TRUE POINT OF BEGINNING,
Nici point being also on the northNlterly right-of-way line of Colorado State Highway (C~70), as
described in Book 645. Page 748, Douglas Ccu,ty Rec:ardl;
1. Thence N.15~4'22"E., • diltanc:e of 78. 727 meters (258.29 feet) to the westerly line cl an
eaement to Centennial Water and Sanitation District, a dacribed in Book 415, Page 660,
Douglas Ccu,ty Records;
2. Thence S.7~17'44"E., • distance cl 15.252 meters (50.04 fNt) to the euterty line of said
Centennial W,,_ and Sanitation District;
3. Thence S.15~4'2rW., a di• a cl 79.187 meters (259. 73 t'Nt) to Nici northNsterly right-of-
way line cl Colorado Sta Highway (c-470);
4 . Thence N.7o-38'459W., along Mid narttt11111rty right.of-way line cl Colalado Stale Highway
(C~70), a distance cl 15.276 meters (50.12 r.t) to the TRUE POINT OF BEGINNING .
The above dNcribed Parcel eo1 ltainl 0.297 acret/1,203 1q1a9 rneterl, more or lea.
BASIS OF BEARING: Grid bNringl _,.. d1l1rmi led by global polilicnng lysllm methods.
Bearings .. r.r..ncad to the line betwNn point 1001 and point 192. The line ...,.., the two
morunen11 bears: s.e1•1 e?TW.
. For the purpose of• ....,. main .
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IGJUlAJl'1'I' DSSD
no.DCT .... CC •'701-076
•ucm. IIUDD8 SB • 5S
THIS WILL BE A WARRANTY' DEED, ISSUED BY THE
DENVER WATER DEPARTMENT, FROM THE DENVER
WATER DEPARTMENT TO THE CITY OF ENGLBWOOD FOR
THAT PORTION OF THE HIGHLIBE CANAL PROPERTY
THAT WILL BE SIMULTANEOUSLY EXCHARGED WITH
THE CITY OF ENGLEWOOD DUE TO THE NEW
ALIGNMENT OF THE HIGHLINE CAHAL.
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PARCEL FROM DWD TO CITY OF ENGLEWOOD
EXHIBIT •SB"
PROJECT NUMBER: CC 4701~78
PARCEL NUMBER IB
June 25, 1996
A tract or parcel of land No. 58 of the Department of Transpor1atian, State of Colorado, Project No.
CC 4701-076, containing 1,599 squae meters, more or lea, in the City and Ccu,ty of DerMr'
pn:iperty, a described in Book 93, Page 84, Douglas Ccu,ty Records, in Section 4, Township 6
Soulh, Range 68 West of the Sixth Principal Meridian, in Douglas Cou,ty, Colorado, said tract or
parcel of land being more particularly dacribed •• follows:
Commencing at the NW Comer of said Section 4, whence the W 1/4 Comer of said Section 4
bears S.0-34'55"E. 885.415 meters (2904.90 feet); Thence S.5r20'1rE .• • distance of 638.130
meters (2093.60 feet) to the TRUE POINT OF BEGINNING, said point being also on ..
northwesterly right-of-way line of the Highline Canal, a described in Book 93, Page 64, Douglas
County Records;
1. Thence N.21 •53•33•e. along said nonhMsterly right-of-way line of the Highline Canal, •
distance of 32.069 meters (105.21 feet);
2 . Thence along said northwesterly right-of-way line of the Highline Canal along the arc of a cww
to the right having • radius of 85. 769 meters (281.39 feet), a distance of 70.878 meters (232.54
feet) (the chord of said arc burs N.45~'00"E., a distance of 68.879 meters (225.98 fNt));
3. Thence N.69.14'28"E., along said nor1hwntlrty right.of-way line of the Highline Canal •
distance of 20.267 meters (66.49 fNl);
4. Thence along the arc of a curve to the left having a radius of 135.000 meters (442.91 feet), a
distance of 3 .070 meters (10.07 fNl) (the chord of said we bears S.3r32'03"E ., a diltancl of
3.070 meters (10.07 feet));
5. Thence S .4o-11'08"E., a distance cl 14.101 melll'9 (~.26feet);
6 . Thence S .SS-48'52"W., a distance of 67.188 meters (220.43 feet);
7 . Thence along the arc of a curve to the left having a radius of n .794 meters (255.23 feet),•
distance of 51 .489 meters (188.93 feet) (the chard of said arc bears M0-51'12"W., a distance
of 50 .554 meters (165 .86 feet)) to the TRUE POINT OF BEGINNING .
The above desaibed Parcel containl 0 .395 acrNl1,589 squaa rnetwa, more or lea.
BASIS OF BEARING: Grid bearings _,. d1l1rmi led ~ global po1itioring lyslem methods.
Bearinga are retere!'lced to the line belwNn point 1001 and poil1192. The line betwaen the two
rnorunent1 bears: s.81·1e·2VW.
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PARCEL FROM DWO TO CITY OF ENGLEWOOD
EXHIBIT "5E"
PROJECT NUMBER: CC 4701-078
PARCEL NUMBER 5E
June 25, 1996
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A tract or parcel of land No. SE of the Department of Transportation, State of Colorado, Project No.
CC 4701-076, containing 403 square meters, more or lea, in the City and County of Denver
property, as described in Book 93, Page 64, Douglas County Records, in Section 4, Township 6
South, Range 68 West of the Sixth Principal Meridian, in Douglas County, Colorado, said tract or
parcel of land being more particularly desaibed as follows:
Commencing at the NW Comer of said Section 4, whence the W 1/4 Comer of said Section 4
bears s.0•34·ss·e. 885.415 meters (2904.90 feet); Thence s .•ss·ss·E.,a distance of 695.162
meters (2280. 71 feet) to the TRUE POINT OF BEGINNING, said point being also on the
northwesterly right-of-way line of the Highline Canal, as described in Book 93, Page 64, Douglas
County Records;
1. Thence N .69.14'28"E . along said northwesterly right-of-way line of the Highline Canal, a
distance of 81.073 meters (265 .99 fNt);
2 . Thence along the arc of a a.w to the !aft having a radius of 116.017 meters (380.63 feet), a
distance of 19.088 meters (62.62 fNt) (the chord of said arc bears S.64.31'40"W., a distance
of 19.066 meters (62.55fNt));
3. Thence s.s9•49·s2·w .• a distance of 58.911 nw1ers (193.28 feet);
4 . Thence N.40.11 '0S"W., a dist.ice d 11 .892 meters (39.02 feet) to the TRUE POINT OF
BEGINNING.
The above desaibed P.-cel ccnainl 0 . 100 ac:resl403 squa9 meters, more or lea.
BASIS OF BEARING : Grid bearings_,. dNrmined by global positioning system methods.
Bearings are r9ferenc:ed to the line between point 1001 and point 192. The line between the two
morunents be .. : s .e1•1e'29"W.
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ABM't or IIIPIIT
•ao.DCT IIUDDa cc: ,&701-076
pucm, IIUDD U-2GI
THIS GRANT OF AN EASEMENT (•this Grant•) is made this __ day
of , 1996 by the CITY OF EHGLENOOD, COLORADO a Home Rule
City existing under and by virtue of the lava of the State of
Colorado, (•Granter•), whose address ia 3400 South Elati Street,
Englewood, Colorado 80110, to the CENIENNIAL WATER AND SANITATION
DISTRICT, (•Grantee•), whose address ia 62 West Plaza Drive,
Highlands Ranch, Colorado 80126.
The Parties covenant and agree aa follows:
1. Ea,emc;nt Prgparty. The •Easement Property• shall mean
the real property located in the County of Douglas, State of
Colorado, more particularly described on attached Exhibit PE-2G.
2. c;on•ideratign. As consideration of this Grant, Grantee
shall pay to Grantor the sum of Ten Dollars ($10. 00) and other good
and valuable consideration paid by Grantee, receipt of which ia
hereby acknowledged by Granter.
3 . Grant of i•,ement . Granter hereby grants to Grantee, i ta
auccesaora and assigns, an easement over, aero•• and through the
Easement Property for the purpose of constructing and maintaining
a wetlands area.
4 . Ac;c;•11 . Grantee shall have the perpetual, right of
ingress and egress, in, to, over, through and aero•• the Basement
Property for any purpose necessary or desirable for the full
enjoyment of the rights granted to Grantee under this Grant.
s. Riqhu of Grap.tor. Grantor reserves the full right to
the undisturbed ownership, use, and occupancy of tbe Baaeaent
Property insofar as said ownership, use, and occupancy ia
consistent with and does not impair the rights granted to Grant ..
to this Grant.
6 . lbePMPNPt. In the event that Grant.. ahall abandon
the rights granted to it under this Grant, all right, title and
interest hereunder of GrantH ahall ce... and terainate, and
Granter ahall hold the BaHment Property, aa the aaa uy then be,
fr•• from the right• of Grant.. 80 a!Mndoned and ahall own all
materials and atructur•• of Grant .. 80 abandone4.
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7. warranty of Title. Grantor warrants and represents that
Granter ia the fee simple owner of the Easement Property and that
Granter has full right, title and authority, and that this Grant is
effective to grant and convey to Grantee the within described
easement subject to easements and reservations of record. Granter
further covenants and agrees to indemnify, defend and hold Grantee
harmless from and against any adverse claim to the title of the
Easement Property by all and every person or persons lawfully
claiming or to claim the whole or any part thereof except those of
record.
8. Binding Effect. This Grant shall extend to and be
binding upon the heirs, personal representatives, successors and
ssignees of the respective -parties hereto. The terms, covenants,
agreements and conditions in this Grant shall be construed as
covenants running with the land.
IN WITNESS WHEREOF, the · parties hereto have executed this
Grant of Easement the day and year first above written.
ATTEST:
Loucrishia A. Ellis,
City Clerk
STATE OF COLORADO )
>••· COUNTY OF _______ )
Thomas J. Burns,
Mayor
This foregoing instrument was acknowledged before me this_
day of -,----....,,..,,....,...--• 1996, by Thomas J. Burns as Mayor and
Loucrishia A. Ellis as City Clerk of the City of Englewood,
Colorado.
Notary Public
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PARCEL FROM CITY OF ENGLEWOOD TO CENTENNIAL W & S DISTRICT
EXHIBIT •PE-2G"
PROJECT NUMBER: CC 4701-o71
PARCEL NUMBER PE·2G
Ju'le 25, 1996
A pema,ent 1:...,,.,-rt No. PE-2G d the Oepar1mn d Tranaportalion, State d Colorado, Project
No. CC 4701~76, c:ontaiNng 8,7011q1a9 rnetars, men or lela, in the City t:A Englewood property,
in Section 33, Township 5 South, Range 88 West d the Sixlh Principal Meridian, in Arapahoe
Colny, Colorado, said tract or parcel of land being men partia,lar1y daaibed u follows:
Begiming at a point on the south line d uid Section 33, whence the SW Comer of said
Section 33, • 1.5" Brass Cap burs S.89943'10"W., • distance of 150.317 meters (493.16 feet);
1. Thence N.03~'00"W., a distance of 10.179 meters (33.40 feet);
2. Thence s .e9•43·1o-w .• a distance of 12.000 meters (39.37 fNt);
3. Thence N.00.16'50"W., a distance of 45.000 meters (147.64 feet);
4. Thence N.89·43'10"E., a distance of 160.000 meters (524.93 feet);
5. Thence s.00•16'50"E., a distance of 55.163 meters (180.98 feet);
6. Thence S.89943'10"W., a distance of 147 .419 meters (483 .66 fNt) to the POINT OF
BEGINNING .
The above described Parcel contains 2.150 acres/8, 701 square meters, men or less.
BASIS OF BEARING: Grid bearings were determined by global positioning aystem methods.
Bearings are refer.need to the line betwNn point 1001 and point 182. The line between the two
monuments bears : s .e1•18'29"W.
For the purpose of wetlands.
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RELINOUISHMENT OF A PORTION OF AN EASEMENT I
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PROJBCT ROIIBBR: CC 4701-076 I
PAllCBL lftJIIBBR PR-10 T
This Relinquishment Of A Portion Of An Easement is made and K
executed this~ day of , 1996 by CENTENNIAL WATER AND
SANITATION DISTRICT, formerly known as Mission Viejo Water and
Sanitation District, ( • CWSD•) , whose address is 62 West Plaza
Drive, Highlands Ranch, Colorado, 80126, and the CITY OF ENGLEWOOD,
COLORADO, a home rule City under and by virtue of the lawa of the
State of Colorado (Englewood), whose address is 3400 South Elati
Street, Englewood, Colorado 80110.
WHEREAS, CWSD and Englewood are the parties to that Grant of
Water and Sewer Line Easement recorded July 2, 1981 in Book 415 at
Page 660, Reception No. 270566 in the records of the Clerk and
Recorder for Douglas County, coiorado, (•Original Basement•); and
WHEREAS, Englewood has conveyed a replacement easement for a
portion of the Original Easement to CWSD by separate instrument and
CWSD wishes to relinquish its interest in a portion of the Original
Easement.
NOW, THEREFORE, in and for good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, CWSD
does hereby RELEASE, RELINQUISH AND QUITCLAIM its right, title and
interest in and to that portion of the Original Easement described
in Exhibit PR-10, attached hereto.
IN WITNESS WHEREOF, Centennial Water and Sanitation District
has executed this Release of Right-Of-Way and Easement Agreement as
of the date and year first above written.
STATE OF COLORADO )
)ss.
COUNTY OF ________ ,
CENTENNIAL WATER AND SANITATION
DISTRICT
General Manager
This foregoing instrument was acknowledged before me this_
day of , 1996, by John Hendrick H General Manager of
Centennial Water and Sanitation District.
Notary Public
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EXHIBIT PR-1 O
. . RELINQUISHMENT OF EASEMENT
CENTENNIAL W&S DISTRICT TO CITY OF ENGLEWOOD
JUNE 28, 1996
A parcel of land being a PGrtlon of an euemem gramect to eenienni.1 Wat• and Saniteoon
District by the City of Englewood, u recorded in Book 415 at Page NO, DouglU County
Recorda, in Sec:tion 4, Township 8 South, Range 88 West of the Ith Principal Meridian,
County of Douglu, State of Colorado, said parcel to be relinquished being more panicularty
descn'bed aa follows:
BEGINNING at a point on the northWflterlV line of aald easement. whence the West 1 /4
Corner of said Section 4, a 3• brua cap, bears S 51• 20' 10· w, • diatanc• of 707.338
meters (2320.815 fHtl;
1. Thence S 72-17' 44• E. a distance of 15.252 meters (60.04 fNtJ, to the southeast
line of Aid easement;
2. Thence S 2o-00' oo· w, along the SOUUleutertv line of uid .....-nt. • diltance
of 1.402 meters (4.80 feet);
3. Thence s 30" oo· oo· E. elOng the eutertv line of said easement, a distance of
119.097 meters (380. 74 fMt) to the nontwty rtgM-of-wey lne of Colorado State
Highway C-470, aa the ,ame i1 recorded in Book 845 at Page 748, DouglU Countv
Re:;ord1;
4. Thence N 7'1' 38' 45· w. along me nontwtv right.of-way line of said Colorado
State Highway c-470, a dlaiance of 23.311 mews (78.78 feet), to a point on the
wutertv Hne of Mid ee11rnent;
5. l'Mnce N 3o-00' oo• W. along die w•ly line of Nici NNment. a dlatance of
108.452 met .. 1355.11 feet);
e. Thence N 200 oo· oo· E. along die nont1wter1y Una of said w1rnem. a dlatance
of 7.897 meters 1215.91 fMt) to die TRUE POINT OF BEGINNING.
The above described parcel of land contains 1804. 712 ICll*e meters, moN or len.
Bula of Bearings: The South line of the Nonnweat 1/4 of Seclion 4, T. 8 S., R. 18
w., 8th P.M. be•• N ar 40' oa· E
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GRANT or TJNPQMBX WIIINT B
PROJl:CT HOKBBR: CC 4701-076 I
T
THIS GRANT OF A TEMPORARY EASEMENT ("this Grant•) is made this
~~ day of , 1996 by the CITY OF ENGLEWOOD, COLORADO a L
Home Rule City existing under and by virtue of the laws of the
State of Colorado, "(Grantor•), whose legal address is 3400 South
Elati Street, Englewood, Colorado 80110, to the HIGHLANDS RANCH
METROPOLITAN DISTRICT NO. 3, ("Grantee•), whose address is 62 West
Plaza Drive, Highlands Ranch, Colorado 80126
The Parties covenant and agree as follows:
1. Easement Property. The "Easement Property• shall mean
all real property located in the County of Douglas, State of
Colorado, owned by the City of Englewood as of the date hereof.
2. Consideration. As consideration of this Grant, Grantee
shall place structural fill in the parcel of land owned by the
Granter that is west of Highlands Ranch Boulevard, north of the
Highline Canal, and south of County Line Road (Parcel Al. The
grades and elevations for the fill shall be reasonably determined
by Granter.
3 . Temporary Easement. Gran tor hereby grants to Grantee, and
its successors and assigns, a temporary easement upon, over and
across the Easement Property for use of Grantee, and its
successors, assigns, agents, employees, tenants, guests and
invitees, for the use in conjunction with the construction of the
interchange on Colorado State Highway C-470 known as the McClellan
Interchange, subject to the terms, conditions and provisions herein
set forth (the "Temporary Easement•).
4. Iema. The Temporary Easement shall remain in full force
and effect until the earlier of the completion of construction of
December 31, 1998.
s. Access. Granter shall have the perpetual right of
ingress and egress in, to, over, through and across the Easement
Property for any purpose necessary or desirable for the full
enjoyment of the rights retained by the Granter under this Grant.
6. Rights of Granter. Granter reserves the full right to
the undisturbed ownership, use, and occupancy of the Easement
Property insofar as said ownership, use, and occupancy is
consistent with and does not impair the rights granted to Grantee
in this Grant.
7. Repair of surface. Cost of repair and restoration of
surface improvements shall be done at the cost of the Grantee.
Grantee covenants and agrees that upon termination of the Grant
herein, it will restore the Easement Property to the same condition
it was in, as near as practicable, immediately prior to this Grant
of Temporary Easement .
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a. Abandonment. In the event that Grantee shall abandon
the rights granted to it under thi• Grant, all right, title and
interest hereunder of Grantee ahall ceaae and terminate, and
Granter shall hold the Eaaement Property, •• the ••me may then be,
free from the rights of Grantee so abandoned and shall own all
materials and structures of Grantee so abandoned.
9. warranty of Titla. Granter warrants and represents that
Granter ia the fee simple owner of the Eaaement Property .and that
Granter has full right, title and authority, and that thi• Grant is
effective to grant and convey to Grantee the within deacribed
easement aubject to easements and reservations of record. Granter
further covenants and agrees to indemnify, defend and hold Grantee
harmless from and against any adverse claim to the title of the
Easement Property by all and every peraon or persons lawfully
claiming or to claim the whole or any part thereof except those of
record.
10. Binding Effect. This Grant •hall extend to and be
binding upon the heir•, peraonal repreaentatives, succesaors and
aasignees of the respective parties hereto. The terms, covenants,
agreements and conditions in this Grant shall be conatrued as
running with the land.
IN WITNESS WHEREOF, the parties hereto have executed the Grant
of Easement and day and year first above written.
ATTEST:
Loucrishia A. Ellis,
City Clerk
STATE OF COLORADO )
>••· COUNTY OF _______ )
Thomas J. Burns,
Mayor
This foregoing inatrument waa acknowledged before me thi• _
day of -,----...,,..,,...,...--• 1996, by Thoma• J. Burns •• Mayor and
Loucrishia A. Ellis •• City Clerk of the City of Englewood,
Colorado.
Notary Public
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WARRANTY J)DJ.)
PROJBCT ll1JIIBD: CC 4701-076
PAJlCBL JlltJIIBDS ll-ll • ll-28
THIS J>DJ.), made this~~ day of , 1996, between the
CITY OF ENGLEWOOD, COLORADO a Home Rule City existing under and by
virtue of the laws of the State of Colorado, ("Granter•), whose
legal address is 3400 South Elati Street, Englewood, Colorado
80110, and THE COLORADO DEPARTMENT OF TRANSPORTATION, ("Grantee•),
whose legal address is 4201 East Arkanaas, Denver, Colorado 80222.
WITNBSSBTB, That the Grantor, for and in conaideration of the
sum of Ten and no/100 Dollars, the receipt and sufficiency of which
is hereby acknowledged, has granted, bargained, sold and conveyed,
and by these presents does grant, bargain, sell, convey and confirm
unto the Grantee, its successors and assigns forever, all the real
property together with improvements, if any, situate, lying and
being in the County of Douglas and State of Colorado, described as
The access rights in the parcel as set forth in Exhibits
AR-2A and AR-2B attached hereto and incorporated herein
by this reference.
TOGBTIIBR, with all and singular the hereditaments and
appurtenances thereunto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents,
issues and profits thereof: and all the estate, right, title,
interest, claim and demand whatsoever of the Grantor, either in law
or equity, of, in and to the above bargained premises, with the
hereditaments and appurtenances.
TO Dff AIID TO BOLD the said premiaes above bargained and
described, with the appurtenances, unto the Grantee, ita auccesaors
and assigns forever. And the Granter for itaelf, ita succeaaors
and assigns, does covenant, grant, bargain and agree to and with
the Grantee, its succeasors and aasigna, that at the time of the
ensealing and delivery of these presents, it ia well aeized of the
premises above conveyed, has good, aure, perfect, abaolute and
indefeasible estate of inheritance, in law, in fee aimple, and has
good right, full power and lawful authority to grant, bargain, aell
and convey the same in manner and form aforeaaid, and that the aame
are free and clear from all former and other grant&, bargain&,
sales, liens, taxes, assessments, encumbrance• and restriction• of
whatever kind or nature whatsoever, excepting from thia grant, the
right of the Granter or Granters to have access aero•• the
aforesaid line or line at thoae point• where paaaagewaya under the
roadway, and public opening• in aaid line or linea, may be provided
for that purpose by the Grantee.
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The Granter shall and will WARRANT AND FOREVER DEFEND the
above bargained premises in the quiet and peaceable possession of
the Grantee, its successors and assigns, against all and every
person or persona lawfully claiming or to claim the whole or any
part thereof.
Ill wrnmss ,....SOP, the Granter has caused its corporate name
to be hereunto subscribed by its Mayor, and its corporate seal to
be hereunto affixed, attested by its City Clerk, the day and year
first above written.
ATI'EST:
Loucrishia A. Ellis,
City Clerk
STATE OF COLORADO
COUNTY OF
)
)as
)
Thomas J. Burns,
Mayor
The foregoing instrument was acknowledged before me this~-
day of , 1996, by Thomas J. Burns as Mayor and
Loucrishia A. Ellis as City Clerk of the City of Bnglewcod,
Colorado.
My Commission Expires:
Witness my hand and official seal.
Notary Public
[SEAL]
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EXHIBIT AR-2A
ACCESS RIGHT FROM ENGLEWOOD TO COOT
CITY OF ENGLEWOOD,
a municipal corporation
ACCESS RIGHTS
TO BE ACQUIRED
FROM
PE$CB1PIIPN
EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from any
part of the right-of-way of Colorado State Highway C-470, a freeway established according
to the laws of the State of Colorado, and from any part of the real property of the Grantor in
the North ~ of Section 4, Township 6 South, Range 68 West of the 6th Principal Meridian,
in Douglas County, Colorado, abutting upon said Highway, along or across the access line or
lines described as follows:
cc 4701-076
(Project No .)
P1cs112A
(Parcel No.)
Soutboclv Lioc
(Location of Line)
Beginning at a point on the existing southweste.rly right-of-way line ( 19961 of Colorado State
Highway C-470, as described in Book 645 at Page 748, Douglas County Records, whence the
Center of said Section 4 bears S 58° 45' 04" E. a distance of 733.644 meters (2406.96 feet);
1 . Thence S 62° 55 • 07" E. a distance of 204.486 meters (670.88 feet);
2 . Thence S 85° 52' 01" E. a distance of 48.109 meters (157 .84 feet);
3 . Thence S 63° 52' 05" E. a distance of 8.009 meters (26.28 feet);
4. Thence S 26° 07' 55" w. a distance of 20.157 meters 1456.13 feet);
5. Thence S 63° 52' 05" E. 1 distance of 40.000 meters (131.23 feet);
6 . Thence N 26° 07 ' 55" E. a distance of 20.157 meters (66.13 feet);
7 . Thence S 63° 52' 05" E. 1 distance of 16.077 meters (52.75 feet);
8. Thence S 41° 20' 45 " E. 1 distance of 37.830 meters (124.11 feet);
9. Thence S 45° 38' 59" E, a distance of 12.056 meters (39.55 feet);
10. Thence S 43° 18' 51 " E, 1 distance of 143.343 meters (470.28 feet);
11 . Thence S 59° 26' 48" E, a distance of 81.907 meters (203.11 feet);
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12. Thence S 74° 08' 49" E, 1 distance of 61 .555 meters 1201 .95 feet);
13. Thence S 00-19' 52" E. to the north line of the Southwest 1 /4 of 11id Section 4, a
distance of 45.799 meters (150.26 feet);
14. Thence N 89° 40' 08" E. along said north line of the Southwest 1/4, a distance of
8.286 meters 127. 18 feet), to I point whence the Center of Hid Section 4 beers N 89"
40' 08" E. 1 distance of 45.725 meters (150.02 feet);
Beginning 11t I point on the existing southerly right-of-way line 119961 of Colorado State
Highway C-470, 11 described in Book 645 llt Page 748, Dougl11 County Records, whence the
Center of said Section 4 bears S 86° 44' 34" W, 1 distance of 348.552 meters (1143.54
feet);
1. Thence S 89° 45' 01" W, along the nonherly line of an easement to the City and
County of Denver, as described in Book 237 11t Page 305, Douglas County Records, a
distance of 24.175 meters (79.31 feet);
2 . Thence N 75° 17' 35" W, a distance of 89.515 meters (293.69 feet);
3 . Thence S 85° 23' 36" W, a distance of 110.441 meters (362.34 feet);
4. Thence S 89° 45' 01" W, 1 distance of 97.293 meters (319.20 feet);
5. Thence S 43° 10' 58" W, a distance of 34.413 meters (112.91 feet);
6. Thence S 00° 14' 59" E, to the north line of the Southeast 1/4 of 11id Section 4, a
distance of 8.009 meters (26.28 feet);
7. Thence S 89° 45' 01" W, along 11id north line of the Southeast 1/4, a distance of
6.341 meters (20.80 feet), to the Center of said Section 4.
Ba1i1 of Bearings: The South line of the Northwest 1/4 of Section 4, T. 8 S., R. 88 W.,
6th P.M. bears N 89° 40' 08" E.
NO ACCESS POINTS
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EXHIBIT AR-2B
ACCESS RIGHT FROM ENGLEWOOD TO COOT
CITY OF ENGLEWOOD.
a municipal corporation
ACCESS RIGHTS
TO BE ACQUIRED
FROM
QESCBIPIIPN
,...
EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR to and from any
part of the right-of-way of Colorado State Highway C-4 70, a freeway established according
to the laws of the State of Colorac:to, and from any part of the real property of the Grantor in
the North % of Section 4, Township 6 South, Range 68 West of the 6th Principal Meridian,
in Douglas County. Colorac:lo, abutting upon said Highway, along or across the access line or
lines described as follows:
cc 4701-076
(Project No .I
P1cc111 2e & 2G
(Parcel No.)
Ngabodv Liao
(Location of Line)
Beginning at a point on the existing northerly right-of-way line (19961 of Colorado State
Highway C-470, as described in Book 645 at Page 748, Douglas County Records, whence the
West 1 /4 Corner of said Section 4 bears S 52° 21' 47" W, a distance of 621.798 meters
12040.02 feet);
1. Thence N 19° 21' 15" E, a distance of 19.232 meters 163. 10 feet);
2. Thence S 70° 38' 45" E, a distance of 40.000 meters (131.23 feet);
3 . Thence S 15° 24' 22" W, a distance of 19.278 meters (63.25 feet), to a point on the
existing northerly right-of-way line (19981 of Colorado State Highway C-470, whence
said West 1/4 Corner of Section 4 bears S 55° 26' 31" W, a distance of 645.243
meters 12116.93 feet).
Beginning at a point on the existing northerly right-of-way line I 19981 of Colorac:lo State
Highway C-470, as described in Book 645 at Page 748, Douglas County Records, whence the
Center of said Section 4, a 10"x7"x3" stone , bears S 34° 28' 32" E, a diatance of 420.093
meters 11378.26 feet);
1. Thence S 83° 10' 34" E, a distance of 157.019 meters 1515.15 feetl;
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2. Thence S 78° 54' 57" E, a distance of 63 .343 meters (207.82 feet);
3. Thence along the arc of a curve to the left having a radius of 26.90 meters (88 .25
feet), an arc distance of 16.911 meters (55 .48 feet) (the chord of said arc bears N 16°
51' 41" E. a distance of 16.634 meters (54.57 feetll;
4. Thence along the arc of a curve to the left having a radius of 207 .800 meters 1681 . 76
feet), an arc distance of 28.979 meters 195.08 feet) (the chord of said arc bears N 05°
5.
08' 37" W, a distance of 28.956 meters 195.00 feetll; ·
Thence along the arc of a curve to the left having a radius of 210.531 meters 1690.72
feet), an arc distance of 78.455 meters 1257.40 feet) (the chord of said arc bears N
14° 31' 11" W , 1 distance of 78.001 meters 1255.91 feetll;
6 . Thence along the arc of a curve to the left having a radius of 215.000 meters 1705.38
feet), an arc distance of 37.048 meters 1121 .55 feet) (the chord-of said arc bears N
35° 14' 57" W, a distance of 37.002 meters (121.40feetll;
7 . Thence N 40° 11' 08" w. a distance of 43.300 meters (142.06 feet) to a point whence
said Center of Section 4 bears S 09° 49' 00" E. a distance of 506.457 meters
11661 .60 feet).
Beginning at a point on the existing northerly right-of-way line 119961 of Colorado State
Highway C-470, as described in Book 645 at Page 748, Douglas County Records , whence the
Center of said Section 4, a 10"x7"x3" stone, bears S 71" 18' 08" W, a distance of 393.186
meters (1289.98 feet);
1 . Thence N 73° 01 ' 46" W, a distance of 56.512 meters 1185.41 feet);
2. Thence N 59° 31' 13" W, a distance of 208.917 meters 1985 .42 feet);
3. Thence N 70" 37' 49" W , a distance of 90.283 meters 1298.20 feet);
4 . Thence N 25° 37' 49" W, a distance of 12.851 meters 142 . 18 feet);
5 . Thence N 19° 22' 11 " E. a distance of 5. 776 meters 118 .95 feet);
6. Thence N 68° 27' 20" W , a distance of 22.282 meters (73.04 feet);
7 . Thence along the •c of a curve to the right having a radius of 41 .900 meters ( 1 37 .4 7
feet). an arc distance of 6.444 meters 121 . 14 feet) (the chord of Aid •c burs N 00"
30' 31 " W , a distance of 8 .437 meters 121 . 12 feetll;
8. Thence along the •c of a curve to the left having a radius of 252.000 meters 1828. 77
feet), an arc distance of 57.319 meters 1188 .05 feet) (the chord of Aid •c be .. N
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02° 37' 09" W, a distance of 57.195 meters (187.65 feet));
9. Thence along the arc of a curve to the left having a radius of 247.791 meters (812.96
feet), an arc distance of 92. 105 meters (302. 18 feet)'(the chord of said arc bears N
24° 01' 55" W, a distance of 91.576 meters (300.45 feetll;
10. Thence along the arc of a curve to the left having a radius of 245.000 meters (803.81
feet), an arc distance of 42.228 meters (138.54 feet) (the chord of said arc bears N
35° 14' 52" W, a distance of 42.175 meters (138.37 feet));
11. Thence N 40° 11' 08" w. a distance of 43.300 meters (142.06 feet). to a point
whence said Center of Section 4 ~ars S 06" 58' 34" E. a distance of 522.286 meters
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11713.47 feet).
Basis of Searings : The South line of the Northwest 1 /4 of Section 4, T. 6 S., R. 88 W .,
6th P.M. bears N 89° 40' 08" E.
NO ACCESS POINTS
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ORDINANCE NO. _
SERIES OF 1996
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BY AUTHORITY
COUNCIL BILL NO. 32
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE SUBlll'fflNG TO A VOTB OP TBB UGliffidlBD BLBCTORS OF
THE CITY OF ENGLEWOOD AT THE NEXT MUNICIPAL ELECTION A BALLOT
ISSUE AUTHORIZING TBB ISSUANCB OP GBNBRAL OBUGAflON BONDS OP THE
CITY OF ENGLEWOOD FOR THE PURPOSE OP FINANCING THE CONSTRUCTION
OP DIPROVBMBNTS TO TBB ClTY'8 WA'ID 8YSTDI AND TIU PtJRCHASE OF
WATER PROCESSING EQUIPMENT INCLUDING ALL NECESSARY AND
APPURTENANT FACILITIBS.
WHEREAS, this bill for an ordinance would submit to the regiat.ered vat.era of the City of
Englewood a ballot question iNue reprding the iMuance of debt for the purpoee of
financing the construction of improvements to the City's water ayatem and the pun:hue of
water processing equipment including all nec:eaaary and appurtenant facilities; and
WHEREAS, Article X, Section 20 of the Colorado Constitution requires that the City have
voter approval prior to iuuance of any multiple-fiacal year direct or indirect debt or -Other
financial obligation whatsoever; and
WHEREAS, City staff, City Council and the En,lewood Water and Sewer Board agree
that the water l)'Btem improvements are needed to improve the City's wat« quality; and
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WHEREAS, the City's Financial Senicea Department, Utilitiee Department and the
City's financial advisor have worked topther-to find the lean apmaift method to finance
the water 1yatem improvements; and
WHEREAS, the leut ezpenaive method at ftnanc:in, ta-~ta ia by iNuinc
general obligation debt; and
WHEREAS, the iuuance ofthia debt ia not iDcJuded in the City's debt ceilinc
computation;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Pursuant to the proviai011S of law the City of Enclewoocl hereby submits for a
vote of the reptered elect.on otthe City olEn,lewood at the 1998 Municipal Election the
following ballot question iaaue :
SHALL THE CITY OF ENGLEWOOD DEBT BB INCREASED *8,850,000.00 WITH A
REPAYMENT COST OF Slli,315,350.00 AND SHALL THE CITY OF ENGLEWOOD'S
TAXES BE INCREASED $807,000.00 ANNUALLY FOR THE PAYMENT OF SUCH DEBT,
ALL FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF
IMPROVEMENTS TO THE CITY'S WATER SYSTEM AND THE PURCHASE OF
WATER PROCESSING EQUIPMENT INCLUDING ALL NECESSARY AND
APPURTENANT FACILITIES, BY THE ISSUANCE AND PAYMENT or GENERAL
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OBLIGATION BONDS PAYABLE FROM SUCH CITY FEES, TAXES OR OTHER
REVENUES AS THE CITY COUNCIL MAY DETERMINE, WIUCH BONDS SHALL BE
SUBJECT TO REDEMPl'ION, WITH OR WITHOUT PREMIUM, AND BE ISSUED AT
SUCH MAXIMUM INTEREST RATE, DATED AND SOLD AT SUCH TIME OR TIMES
AT SUCH PRICES (AT, ABOVE, OR BELOW PAR) AND IN SUCH MANNER AND
CONTAINING SUCH TERMS NOT INCONSISTENT HEREWITH, AS THE CITY
COUNCIL MAY DETERMINE, WIUCH AUTHORIZATION SHALL INCLUDE
AUTHORIZATION TO REFUND SUCH BONDS WITHOUT ADDfflONAL VOTER
APPROVAL; AND IN CONNECTION THEREWITH IF DETERMINED BY THE CITY
COUNCIL (I) SHALL THE CITY'S AD VALOREM PROPERTY TAXES BE INCREASED
IN ANY YEAR IN AN AMOUNT SUFFICIENT TO PAY THE PRINCIPAL OF,
PREMIUM, IF ANY, AND INTEREST ON SUCH BONDS WHEN DUE, WITHOUT
LIMITATION AS TO RATE OR AMOUNT OR ANY OTHER CONDfflON, AND (II)
SHALL THE REVENUES FROM SUCH TAXES AND ANY EARNINGS THEREON AND
FROM THE INVESTMENT OF THE PROCEEDS OP SUCH BONDS CONSTITUTE A
VOTER-APPROVED REVENUE CHANGE?"
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Sec:tigp 2. The ofticen of the City, the City Manapr and the City Clerk are authorised
and directed to take all action n-,y or appropriate to effilctuate the prcmaiam of tbia
Ordinance. The City Clerk lhaU be the deaipated e1ec:tion afficial with rNpeCt to the
election and lhall auume the rwponsibilitiea and perform the dutiea relatin, thereto. The
City lball CCJDtract with the County Clerk to CCJDduct a coordinated elec:tioo.
Sec:tiqp 3. If the ballot iuue is approved by a ma.jority al the ......-elec:t.ora al the City,
the autt-ity al the City Council to iuue pneral obliptiaa bands al the City will be .__
and coasiderecl a CCJDtinuin, authority to iuue and delnw -ta banda at -time ar from
time to time in accarclance with the t.erma and caaditioaa al apprcwal u Nt fanb in the
ballot iuue voted upon, and neither the partial ~ al the autbarity 110 CCJDfwred, _.
any lapae al time, will be cooaiclerecl u abauatinr ar limitin, the full authority caalerred
by the electors.
Sec:tigp f . If a m~ty of the nliBtend eleetan al the City al Bapewood vote no b Nid
proposition the City Council lball finance the CCID8WUdion al im.-.-ta to the City',
water l)'ltem and water p..-.iq equipmmt indudia, all appurtmant faciliti• by other
method,.
Introduced, read in full, and palNd on tint readiq on the lit day al July, 1996.
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Publiabed u a Bill far an Ordmanee CJD the ,th day or July, 1988.
Read by title and puaed Clll lnal readm, CID the 15th day of July, 1996.
Publiabed by title u OrdiDaace No. _, Seriea of 1988, Oil the 18th daJ of July, 1988.
'lbomu J. Buma, Mayor
ATTEST :
Low:riabia A. Ellia, City Clerk
I, Loucriabia A. Ellia, City Clerk of the City of Enpewood, Colorado, --, certify that
the above and foreaoiDI ia a true copy of the Orclinance pMNCl CJD IDal readiq and
publiahed by title u Ordinance No. _, Seri• of 1996.
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July 15, 19118
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COUNCL CO-...cATION
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NTIATB> BY STAPF IOUIICE
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.. fDr .. Ordinance approving
.... of 3314 s. Broadway
Depa1n•lt of Public Worb Charla Elllrt,, Dnca
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COUNCIL GOAL AND PMVIOUS COUNCIL ACTION •
The property al 3384 S . Braadway w purdlaed bf h Cly In 11114 tam lie Fr*1111 Older of h EaglN .._
... ~ .. property .
RECOIIIIENDED ACTION
Adopt a bin for an ordll•ica approving ttie .... of 3314 S . .._._, pnipaty ID WIier and~ Goll.
BACKGROUND, ANALYIII, AND ALTEIINATND WIFED
The Cly ha Included car1air'I rMICtiOlll in lie DNcl ID 1111 property . Protllllld UNI includa auDTIOlive, lllloo
bulin 11111, adult orlanlld bulir11111, fflalllll8 bullrl 11111, pan lllopa. and ..... ., .........
The Cly ha allC> included a ........ .,-.. in lie DNcl ........ lcle.1711P,•lt oflle property*-not
-. place w171in thrw ,-. of lie .... oflle property, lie prapartJ .. -.1 badt IDlle Cl'/.
Cloling ii •lllcipllad ID-. place on~ e. 1•.
Thil property w apprailad In July, 1• bf Dan Sllphanl .. MAI, of Ma Compw Glaup, fDr 13(1,000. The
.... price of $33,000 ......... fair nwlat vall,e • of 1111 ......... Rllal 1:11111 .. ,... a biolarlige
comrnillion of '7% of .... price• Tran•clon.., In 1111 Illa.
LIIT OF AffACHll!NTI
Bil fDr .. Ordlnanca
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I, Loucriabia A. Ellia, City Clerk al the City al Bqlawood, Collndo, banbJ cartify
that the abaft ud fanpillf ia • true c:apJ al. Bill Ill' Ul Onlbumca, iDtrodumd.
read ill full, aad ...... CID tint nadiDc CID the 1511a day al Jaly, 1118.
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OBDINANCB NO . _
SBBIIIS at 1111
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PROPERTY TO WAL'ID AND IIAm.'IM OOLft.. G{)Lf'
WIIBIBA8, thepnlpllty 31N Saalb8rwdw4 _ ,_ .. ,. .. bf the Cityill UN
lrca the Pratmaal Ords al the ..... .a.. a In •• 1 a,al the ....... ~. a
WIIDEAS, tbe City hM iDclwled ~ awb:id ill the DNll to tbia prupwty,
the proliillitild w altbia prupwty ... : _.., liw. tal:to II Ir, , ,, adult orim1lld
lluJilllJJJJ, ...... llewir II, pinna lbapa, aad...,....,. .... ollcla; ad
WIIBRBAS, the City baa lllo iDchadad a awuw "anll'J claw ill tba DNll wbanby
if'DII& ... I 1ped witllill 3 ,-n altlle ... altbia prcipatJ tlMi prcipatJ llball rwvwt bact
1111 the City;
NOW, TIIBllEPOIB, BB IT OBDAINBD BY THE CITY COUNCll. OP TBB ClTY
OP ENGLEWOOD, COLORADO, AS Jl'OLLOWS:
IDtroduced, reed ill fbll, aad ,-.I an tint,....., an tba lllb-, al .Jaly, 1111.
Pllblilbed • a Bill Ir a OrdillaDce an tba 18tb-, al .Jaly, 1111.
ATTEST :
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I, Loucriabia A. Ellia, City Clerk of tbe City at ......... Colando, ._...,, certify
that tbe abcmt and fonpiq ia a true capJ at a Bill fbr ID OrdiuDce, bdradaced,
read iD full, and paaed CID tint readiq CID the 1111a day at July, 1198.
Loucrilhia A. Bllia
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THIS IS A LEGAL INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER
COUNSEL SHOULD BE CONSULTED BEFORE SIGNING.
SPECIAL WARRANTY DEED
TBIS DEED, made this __ . _ day of , 1996 between THE CITY OF
ENGLEWOOD, COLORADO, a Home Rule City uistinc under and by virtue ot:tbe laws of
the State of Colorado, p-antor, whoae lecal addrNa ia 3'00 South Elati Street, Eqlewood,
Colorado 80110 and WALTER W. GOLTL and MARILYN J. GOLTL, granteN; whoae
legal address ia 2161 Jeff City Road #23, Everpeen, Colorado 80439.
WITNESSETB, That the grantor, for and in CODlideration of the IWD of THIRTY·
THREE THOUSAND DOLLARS ($33,000.00), the receipt and IUflicieney of which ia
hereby aclmowledced, hu granted, barpined, aold and conveyed, and by theee preaents
does grant, bargain, aell, convey and confirm, unto the grantee, its auc:ceuon and usigns
forever, all the real property topther with improvements, if any, situate, lying and being
in the County of Arapahoe, State of Colorado, deac:ribed u follows :
also know u :
Lot 9 and South 15 Feet of Lot 8 Block 4
Premier Addition to Eqlewood
Arapahoe County Colorado
3384 South Broadway
En,lewood, Colorado 80110
TOGETBEll, with all and llincwar the benditammta and appwtenancea
thereunto belonging, or in anywise apper'taiains , and the revenion and reveniou,
remainder and remainden, rents, ~ and pra6ta dlanaf; md all the Ntate, ript, title
interest, claim and demand ~ of tbe .....-• .._, ill law or equity, of, ill and to
the above bargained and pnmiw, with tbe ... c·, .... -....,..__.
TO BA VE AND TO BOLD tbe Nill .. . II ... ...... . d and clw:libecl, with
the appurtenances, unto the ......... i1II a 11 a aM ....-,._._ ADd tbe ar-t.or
for itaelf, its aucceuon and....-..._ we mt , .......... and ap'N to ad with
the grantee, its aucceuon and MaipB, daat at 1M 1irae of• ••• U., and deli..ry of
these presents, it is well Mized of tbe ..---.....,. _..,., baa ,-l, _.., perfect,
absolute and indefeasible eetate of ieb '*-· • law, ie fN liraple, and baa pod ript,
full power and lawful authority to sr-t. ....... Nil aM _.., tbe -in -and
form aforesaid, and that the --"-• dear 6-all ..... ud odlm-ar-ta,
barraina, sales, liens, taa•, u11rrs•ta. wnv•• •-• l'NtridiaDa of wbate,,er
kind or nature__., awpt: 'n-. ~ of-,1 aad ._ apeciftcall:, withheld below .
SPECIAL DDD IIB8'IIUCftON& '111ia prapart:, lball nat be uaed b tbe foDowiq
purpoaea: automotive, tattoo buain 1 111, adult ariantad buaiD11111, mwap buBin11111,
pawn abopa or temponr:, labor afticea . Said uae of the property aball -the property to
revert to the City ofED,lewood upoa noCi6c:atiaD and paymmt of$33,000.00.
REVERSION FOR LACI( OF DBVELOPIIENT. If coutnlction of a buildin, hu
not becun within three yean of the Bi1Din1 of this Deed, the property aball revert to the City
of Englewood upon notification and payment of $33,000.00.
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The sn,ntor ahall and will WARRANT AND FOllEVER DEFEND tbe above
barpined prellUW in the quiet and peaceable po11111iG11 of the srantee, i.ta aw:cauon and
uaipa, apinlt all and every pencm or perama lawfully daiD:aml or to claim the whole
or any part thereof.
IN WlTNB88 WBBBBOI', The uid srantar bu c:aUNd itl name to be banmlto
aublcribed by 'lbamu J. BUJu u lla,ar of the CitJ of ............ Colando ad i.ta ..i to
be benunto afllDd. attelted by i.ta CitJ Ciak. the dQ ad ,-r Int..,. writta.
CITY OF ENGLEWOOD
By _________ _
Thomu J . Bwu, Mayor
ATTEST
Loucrilhia A. Ellia, City Clerk
STATE OF COLORADO )
) ...
COUNTY OF ARAPAHOE )
The foreeoinl inatrWDmt admowladpd befan me dlia day of
____ _.19861,y_Thcaaa J. Buma. u llayor oftbe City ofEDpewood, Colorado .
My commillion upirel:
Witneu my band and olllc:ial ...i.
Notary Public
Addre11 :
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BY AUTHORITY
COUNCIL BILL NO. 81
INTRODUCED BY COUNCIL
IIEMBER HATHAWAY
AN oaDIRANCS VACA'l'DfG A POll'l'IOH OP TBB AU.aY DI TBB IOOO BLOCK OF
SOUTH OALAPAGO 8TBBIT AND TIIB DEDICATION OF ADDfflONAL ALLEY
IIIDlll".oF-WAY, LOCA'l'l:D Ill TBB Cft'f OF BNOI.SWOOD, OCJIJN'IT or
ARAPAHOE, STATE OF COLORADO.
WHEREAS, the City of Enpewood baa received a requat fram the Enalewaod Hiatarical
Society to vacate a particm af an alley iD the 8000 bliict olSoutb Fm 8tnet and the South
Galapqo Street Alley betwem WNt Carnell Affllue and WNt Dartmouth A..aue;
WHEREAS, tbe IUb.ject lite ii located iD the arN bouDded by South Galapaaa Street an tbe
weat; West Camell Avenue OD the north; Soatb Fm Stnat cm the ealt, and Wat Dartmouth
Avenue OD the -th; and
WHEREAS, with the puu,e olOrdinance No. 58, Seriaa af 1998, the BDpwood City
Council approved the requested relCIIWII fram R-2, Medium Dmlity Rtaidenoe, to R..f,
Reaidential/Profeuianal, to facilitate the relocation af the old .....,_.. Dapot; and
WHEREAS, the acijacent area ia compoaed ol liqle-family and multi-family
re1idencea; and
WHEREAS, Cuabing Park ii located immediately -.th to the IUb.ject me; and
WHEREAS, the vacatiOD wu requeated by the BDp9Wood Hiatarical Society to facilitate
the redevelopment ol the Enpewood Depot wbicb -relocated iD 19N; and
WHEREAS, the vacation request ii anly for the wat hs afthe T .......... alley iD tbil
block; and
WHEREAS, the Eqlewood Hiatorical Society owaa the pnpaty cm bath lklll olthe
propoaecl vacation; and
WHEREAS, the vacation oltbia partiaD af the alley will allow tar a -dc:imt
parkinc layout for the Depot u well u allow the ..... to the Dllltb olthe ......... YaCatiaD
to be utilised for off-etreet parkinc and to proride a laadlcape bdlr' W-the Depot and
acijacent naidential -; and
WHEREAS, the remaining eaat/weat partiaD afthe 'T' alley la anly 12.6 feet wide,
additional n,bt-of-way will be required; and
WHEREAS, the Eqlnood Houainc Autbarity cnru tbia proparty and baa ..... to
make the n-ary cledicatiOD ol 7 .5 feet alaar the nmtb aide af Lota 25-30, B1oclt 2,
Taylor'• Addition to accompliah tbia; and
WHEREAS, the vacatiOD ii ODly for a portion ol the alley; and
WHEREAS, traffic circulatiOD will not be impaind becaue the eut l• al the alley will
remain intact; and
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WHEREAS, the Englewood Utilitiea Department requeata that if this portion of the alley
is vacated, an euement for the aiating 8" -line in the alley be retained, such
euement will cover the entire portion of the vacated alley; and
WHEREAS, the Englewood Planninc and 7.cJninc Commiuion reviewed the propoleci
vacation at a meeting held on January ,, 19N; and
WHEREAS, the Englewood Planninc and 7.cJninc CommiNion ..-IMIMle the
vacation requeat of the Eqlewood Hiatlorical Society be apprcm,d with the amditian dlat the
City retain a utility --t for the aiatmr s· -line in the vacated alley ad to
accept the dedication by the Enpewood Houaing Authority of additional ript-Gf-way for
alley purpoeee;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OP
ENGLEWOOD, COLORADO, AS FOLLOWS:
Sec;tiqp 1. 'Ibe following deeeribed portion of public ript-of-way in what ia known u
3000 South Fox Street and South Galapqo alley ia hereby vacated:
'Ibat portion of an eut-weat alley a4-t to Lota 19 tbroup 25, Block 2 Taylors
Addition, from the eut ript-af--y of Galapaao Street to the west ript-of-way line
extended of the north-awth alley in aid Blodt 2, City of Englewood, County of
Arapaboe, Colorado.
Sec;tigp 2. 'Ibe City of Englewood will ntain an -t for the aiatinc 8" NWer line in
this portion of the alley, such euement will C099I' the mtire portion of the vacated alley.
Sec;tigp 3 . The following deac:ribed portiDD ia acceptad u an additional ript-of-way for
alley purpoeee:
A portion of Lota 25 tbroup 30, Blodt 2, Tayler'• Addition, City of Englewood,
County ar .Arapahoe, State of Colorado, more putic:warly ~ u follows:
'Ibe East 23 feet of the North 7.5 feet of Lot 25, Block 2; tiapther with the North 7.5 feet
of Lota 26 tbroup 30, Block 2, Taylor's Addition (u reccrded in Plat Book 2 at Page
13 of Arapahoe County Rec:orda).
Containin, 1,072.5 square feet, more or 1-.
lntroduced, read in full, and puaed CID flnt rNdinc CID the lat clay of July, 1118.
Publiabed u a Bill for an Ordinance CID the ,th clay of July, 1118.
Read by title and paSNd CID Ina) readina CID the 15th clay of July, 1118.
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Publiabed by title M OrdiDuce No._, Seriel al 1996, GD the 181b day al .July, 1996.
'l1Mmau J. Burm, llayor
ATTEST:
Loucriabia A. Ellia, City Clerk
I, Loucriabia A. Ellis, City Clerk of the City al.....,._, Calondo,--, Clltify 1bat
the above and foreaoml ia • true copy of the OrdiDuce p_.t GD tbaal nediDr a
publiahecl by title u Ordinance No. _, Seriel al 1996.
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Housing Authority
City of Englewood
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EOUM. IIIUIING
Ol'POATUNITY
3'l80 s. 8'llmWI • Sulll 101
Engllwoad, CGlorado 80110
Pllalll (303t 711-GCIO
Fax(31)3) 711-5503
TtlO Allay 1.0 8 21151
TtlOYaa 1.0 • 1158
The City of Englewood Housing Authority dedicaln 1D 1he City of Englewood 1he
folowing parcel of land for additional alley right of way -clw:ribed:
Legal Description
A pol1ioD of Loll 25 duoup 30, Block 2, Taylor'• Additiaa, CilJ of Eapwood, eo.ty of
Anpalloe. s.... of Colorado, -particularly cleacnllad • follows :
n. Eal 23 r.. of die Nordt 7 .5 feel of Loe 25, Bloct 2, TOGE I HER widl die Nolda 7 .5 r.. of
Loll 26 ....... 30, Block 2, Taylor'• Additioa (• _... ia Plal loot 2 al .... 13 of
,....... c:o.y a-di).
Coalaial 1,072.5 ...... r.t, -CIC' ....
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6/19/96.
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EXHIBIT •A•
LOT 16 LOT 34
TAYLDR'S ADDI BLOCK 2
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AUGUST 5, 1996
REGULAR CITY COUNCIL MEETING
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