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Home My WebLink AboutCORRECTING the legal descript. for the granary and a portion of the site at 4051 Broadway St., City of Boulder, CO, known as the Stephens Granary, a landmark under Chap. 9-11, “Historic Preservation,” B.R.C. 1981. - Intr. 9/4/12, 2nd Rd and adopt. 9/18/12 03294682 03/0612013 11:57 AM RF: $31.00 DF: $0.00 Page: 1 of 5 Electronically recorded in Boulder County. Colorado. Recorded as received. 'ORDINANCE NO. 7865 AN ORDINANCE AMENDING THE LANDMARK DESIGNATION BOUNDARY OF THE GRANARY AND A PORTION OF THE SITE AT 4051 BROADWAY STREET, CITY OF BOULDER, COLORADO, ALSO KNOWN AS THE STEPHENS GRANARY, A LANDMARK UNDER CHAPTER 9- 11, "HISTORIC PRESERVATION" B.R.C. 1981, AND SETTING FORTH DETAILS IN RELATION THERETO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER, COLORADO: Section 1. The council enacts this ordinance pursuant to its authority under Chapter 9-11- 2 and 9-11-9; "Historic Preservation," B.R.C. 1981, to amend a landmark designation to add or remove features or property to the site or district. Section 2. The council finds that: 1) on or about January 10, 2008, the property owner applied to the City of Boulder Landmarks Board to designate the building and a portion of the site at said property as a landmark; 2) the Landmarks Board held a public hearing on the proposed designation on June 4, 20.08; 3) on June 4, 2008, the Landmarks Board recommended that the council approve the proposed designation; 4) on October 7, 2008, the council held a public hearing on the proposed designation and upon the bads of the evidence presented at that hearing found that the building and a portion of the property at 4051 Broadway Street possessed special character and special historical, architectural, or aesthetic interest or value warranting its designation as a landmark, 5) on October 7, 2008, the council approved Ordinance No. 7612 designating as a landmark "Stephens Granary," and as part of the ordinance adopted two landmark boundaries with the knowledge that the building would be potentially moved on-site; and 6) in 2009, the building moved approximately 151 feet east and approximately 30 feet south on the property, in order to ensure the building's visibility as a familiar feature on Broadway and to allow proposed development to be concentrated behind the granary. The landmark boundary in its new location was established per ordinance 7612. Section 3. It was discovered that the designated legal description failed to take into account a planned dedication of land to the City that moved the property line 40 feet to the west, thereby making the description that included the eastern most 40 feet of the 193 feet incorrect. There was also an inexplicable error in subtraction, as the lot measures 179.08 feet from the landmark boundary rather than 193 feet. Section 4. The council finds that the revision to the legal description of the landmark boundary, while not simply correcting a typographical error, does not rise to the level of an amendment to add or remove features or property to or from the site. The amendment does not change the original intent of council in landmarking the building and a portion of the property at 4051 Broadway, which possesses a special character and special historical, architectural, or aesthetic interest or value warranting its designation as-a landmark. Section 5. Ordinance No. 7612 is hereby amended by striking from it the legal description of the landmark boundary for the landmarked property located at 4051 Broadway, also known as the Stephens Granary, and adding to the landmark designation the legal landmark boundary description set forth on Exhibit A. Section 6. For the purposes of this ordinance only, council waives the procedural requirements of 9-11-9. INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE ONLY this 4th day of September, 2012. y~~l~~~tt Z _c~G• Mayor Attest: City Clerk READ ON SECOND READING, PASSED, ADOPTED, AND ORDERED PUBLISHED BY TITLE ONLY this 18`h day of September, 2012. Mayor Attest: City Clerk EXHIBIT LEGAL DESCRIPTION -LANDMARK BOUNDARY A PARCEL OF LAND LOCA'T'ED IN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 1 NORTH, RANGE 71 WEST OF THE 61H P.M., COUNTY OF BOULDER, STATE OF COLORADO, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,- COMMENCING AT TIME EAST QUARTER CORNER OF SAID SECTION 13, WHENCE THE SOUTHEAST CORNER OF SAID SECTION 13 BEARS S00°10'39"E (PER AMBERWOOD:A) A DISTANCE OF 2651.36 FEET, SAID LINE FORMING 'CITE BASIS OR BEARINGS FOR 'I'I1IS DESCRIPTION; THENCE ALONG THE EAST LINE OF SAID SOUTHEAST ONE-QUARTER S00°10'39"E A DISTANCE OF 662.78 FEET; THENCE S89°45'01"W A DISTANCE OF 40.50 FEET TO THE WEST LINE OF THAT PARCEL. OF LAND AS DESCRIBED AT RECEPTION NO. 01542377, 'THE POINT OF BEGINNING,- THENCE ALONG SAID WEST LINE. S00°10'39"E, 173.72 FEET; THENCE: S89°45'38"W, 179.08 FEET; THENCE N00°10'39"W, 173.69 FEET; THENCE N89°45'01 "E, 179.08 FEET TO THE. POINT OF BEGINNING; SAID PARCEL OF LAND CONTAINS 0.714 ACRES MORE OF LESS. 1 I S L 11111 N I I I I! p i • .oo l,~l o su •.f~Q,~.~. A. JOHN BURI P.L.S. #124302 FOR AND ON BEHALF OF SCOTT, COX & ASSOCIATES, INC. 1530 55TH STREET BOULDER, COLORADO 80303 303.444.3051 02/17/12 PROJEC"i NO. 113096 NORTH MOW0WA r POINT OF COMMENCEMENT SOUTHEAST CORNER OF SECTION 13 EAST 1/4 CORNER OF SECTION 13 T1N, R71W OF THE 6TH P.M. TIN, R71 W OF THE 6TH P.M. FOUND 2" ALUMINUM CAP IN RANGE BOX. PER FOUND 2 1/2' ALUMINUM CAP IN RANGE BOX. PER MON. RECORD ACCEPTED 9-23-82, PLS 14239_ MON. RECORD ACCEPTED 7-26-96, PLS 20134. 2651.36' (AS MEASURED) S 0'10'39" E 2651.58' (R AMBERWOOD A:) 662.90' (R) 1 662.78' o SQ'10'39°E ~ 173.72' QUTLQT S89'45'01 "W 40' TO THE CITY OF BOULDER 40.50' LOT 16 RECEPTION NO. D3008267 EX. GRANARY N L 5 POINT OF BEGINNING zZ LOT 14 41 cn 0.5' TO THE CITY OF BOULDER o ccoo LOT 13 RECEPTION NO. 1542377 00 LOT 12 h10'10'39"W- _ 173.69' . LOT 11 PROPOSED LANDMARK BOUNDARY o LOT 10 LOT 9 w U a ¢ LOT 8 Z Q W p 3~ LOT 7 cc I Q LOT 6 o_ LOT 5 LOT 4 OUTLOT B I AMBERWOOD A: I LOT 3 LOT 2 LOT 1 WONDERLAND LOT 12 LOT 10 LAKE POINT LOT 9 ~i Scale. 1" = 100' SCOTT, COX & ASSOCIATES, INC. consulting engineers surveyors 1530 55th Street . Boulder, Colorado 80303 (303) 44-4 - 3051 02/17/12 JOB NO. 11309E DRAWING NO. 113098--4