To: Board of County Commissioners
Through: Bryan Weimer, Director, Public Works and Development
Prepared By:
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Molly Orkild-Larson, Principal Planner, Public Works, and Development
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Subject:
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Case No. VAC24-002, KS150 - The DOT
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Purpose and Request:
recommended action
The applicant, Galloway and Company, Inc., on behalf of the property owner, KRF Arkansas LLC, and KRF Smokey Hill LLC, propose to vacate the easements reserved in that certain Resolution of the Arapahoe County Board of County Commissioners dated May 11, 1953, and recorded on May 26, 1953, at Reception No. 501163 (Resolution), see attached Exhibit A. The subject property is located adjacent to the Four Square Mile neighborhood at 4201 E. Arkansas Avenue (east of Colorado Blvd., south of Mississippi Avenue). There are no existing or proposed utilities within the area reserved by the Resolution.
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Background and Discussion: The subject area (Kibler Subdivision) was originally located in unincorporated Arapahoe County. However, in 1953, the road rights-of-way and alleys were vacated by the County, but the resolution vacating the streets and alleys reserved easements for utilities. The following year, the City and County of Denver annexed the subject property and assumed jurisdiction.
When a municipality annexes unincorporated territory, by law the road rights-of-way are also taken, but in this case, the roadways had already been vacated by the County. However, other property interests such as easements or fee ownership do not generally transfer to the municipality. As such, the City and County of Denver don't "own" these utility easements, the County still does. This easement vacation is necessary for a planned development of the property by the Petitioner.
Referrals were sent out to applicable agencies and no concerns were expressed.
Alternatives: The Board of County Commissioners has alternatives that include the following:
1. Approve the proposed easeme...
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