HomeMy WebLinkAbout2021 Ordinance No. 043
1
BY AUTHORITY
ORDINANCE NO. 43 COUNCIL BILL NO. 43
SERIES OF 2021 INTRODUCED BY COUNCIL
MEMBER ANDERSON
AN ORDINANCE AUTHORIZING A CITY DITCH CROSSING LICENSE
AGREEMENT AND TEMPORARY CONSTRUCTION EASEMENT IN
ORDER FOR LEVEL 3 COMMUNICATIONS LLC TO INSTALL THREE
FIBER CONDUITS
WHEREAS, the City Ditch right-of-way is located, among other areas, near the
intersection of Oxford Avenue and Fox Street; and
WHEREAS, Level 3 Communications LLC submitted a request to the City of
Englewood to install three 1.5-inch communication conduits under the City of
Englewood’s City Ditch Right-of-Way; and
WHEREAS, the proposed crossing area is downstream of the City’s water
diversion point to the Allen Water Treatment Plant, and therefore will have no impact on
City water operations; and
WHEREAS, Englewood’s City Ditch Right-of-Way requires license agreements for
crossing the City Ditch with buried conduit; and
WHEREAS, Level 3 Communications LLC conduits will be buried approximately
five feet under the City Ditch Pipeline by horizontal directional drilling; and
WHEREAS, Level 3 Communications LLC has signed the City Ditch Crossing
License Agreement; and
WHEREAS, the City of Englewood will retain all of its Right-of-Way ownership and
shall not be obstructed from constructing, operating, maintaining, repairing, replacing,
removing, improving and enlarging the City Ditch, and all necessary underground and
surface appurtenances thereto necessary or desirable for the transmission of water within
this Right-of-Way; and
WHEREAS, at its September 14, 2021 meeting, the Englewood Water and Sewer
Board recommended approval of the City Ditch Crossing License Agreement in order for
Level 3 Communications LLC to install buried conduit under Englewood’s City Ditch
Easement near the intersection of Oxford Avenue and Fox Street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT:
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2
Section 1: Crossing and License Agreement Authorized. The City Council of
the City of Englewood, Colorado hereby authorizes and approves a City Ditch Crossing
License Agreement with Level 3 Communications LLC for the crossing and placement
of three 1.5-inch fiber communication conduits underneath Englewood’s City Ditch
Right-of-Way near the intersection of Oxford Avenue and Fox Street, Englewood,
Colorado.
Section 2: Temporary Construction Agreement Authorized. The City Council
of the City of Englewood, Colorado hereby authorizes and approves a Temporary
Construction Easement with Level 3 Communications LLC for the construction and
installation of three 1.5-inch fiber communication conduits underneath Englewood’s City
Ditch Right-of-Way near the intersection of Oxford Avenue and Fox Street, Englewood,
Colorado.
Section 3: Authority to Execute. The Mayor (or Mayor Pro Tem in the Mayor’s
absence) is hereby authorized to execute, and the City Clerk to attest and seal, on
behalf of the City of Englewood (a) the City Ditch Crossing License Agreement and (b)
the City Ditch Temporary Construction Easement to Level 3 Communications LLC,
attached hereto and incorporated by reference as if fully set forth herein.
Introduced, read in full, and passed on first reading on the 20th day of
September, 2021.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on
the 23rd day of September, 2021.
Published as a Bill for an Ordinance on the City’s official website beginning on
the 22nd day of September, 2021 for thirty (30) days.
Read by Title and passed on final reading on the 4th day of October, 2021.
Published by Title in the City’s official newspaper as Ordinance No. 43, Series of
2021, on the 7th day of October, 2021.
Published by title on the City’s official website beginning on the 6th day of
October, 2021 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage.
Linda Olson, Mayor
ATTEST:
Stephanie Carlile, City Clerk
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3
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
and published by Title as Ordinance No. 43, Series of 2021.
Stephanie Carlile
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CITY DITCH CROSSING AND LICENSE AGREEMENT
THIS LICENSE AGREEMENT,("License")made and entered into as ofthe
i
day of ,202],by and between the CITY OF ENGLEWOOD,a
municipal corporation ofColorado.hereinafter referred to as “Englewood”or “City”,and
Level 3 Communications,LLC,hereinafter referred to as “Licensee"
WITNESSETH
The City,without any warranty of its title or interest whatsoever,hereby
authorizes Licensee,its successor or assigns,to install three (3)one and one-halfinch
(l .50")in an underground bore below and across the City’s right-of-way for the City
Ditch,described as a parcel ofland situated in the Section 3,Township 5 South,Range
68 West of the 6"‘PM.,County ofArapahoe,State ofColorado described as follows:
Described in Exhibit A,attached hereto.
The above-described parcel contains 1 16 square feet,more or less.
1.Any construction contemplated or performed under this License shall comply
with and conform to standards formulated by the Director of Utilities ofthe City and such
construction shall be performed and completed according to the plans approved by the
City.
2.Licensee shall notify the City’s Director of Utilities or Designee at least three (3)
days prior to the time of commencement ofthe construction of,or any repairs made to,
Licensee‘s ?ber optic cable conduits and associated facilities so that the City may,in its
discretion,inspect such operations.
3.Within thirty (30)days from the date ofthe commencement ofconstruction of
said boring and installation ofthe conduits,the Licensee shall complete such
construction,place and maintain pemtanent,visible markers ofa type and at such
locations as designated by the City‘s Director of Utilities or Designee,referring to the
centerline ofthe installation,shall clear the crossing area ofall construction debris and
restore the area to its condition immediately preceding Licensee's constructions as nearly
as may be reasonable,reasonable wear and tear excepted.In the event the placing ofthe
centerline markers and the clearing and restoration ofthe crossing area is not completed
within the time speci?ed.City may complete the work at the sole expense of Licensee.
4.City shall have the right to maintain.install,repair.remove or relocate the City
Ditch or any other of its facilities or installations within Cityls rights-of-way at any time
and in such manner as City deems necessary or convenient so long as City's use does not
materially interfere with the rights granted to Licensee by this License.The City reserves
the exclusive right to control all easements and installations.In the event the Licensee
should interfere with any future use ofthe City‘s rights~of-way by the City,the Licensee
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shall,upon request and at its sole expense,relocate,rearrange,or remove its installations
so as not to interfere with any such use,
5.Any repair or replacement ofany City installation made necessary,in the
reasonable opinion ofthe City’s Director ofUtilities or Designee because ofthe
construction ofthe Licensee‘s conduit or other appurtenant installation thereo?shall be
made at the sole expense ofthe Licensee.
6.The stipulations and conditions ofthis License shall be incorporated into contract
speci?cations ifthe construction herein authorized is to be done on a contract basis.
7.The rights and privileges granted in this License shall be subject to prior
agreements.licenses and/or grants,recorded or unrecorded,and it shall be Licensee’s
sole responsibility to determine the existence of said documents or conflicting uses or
installations.
8.Licensee shall contact and fully cooperate with City‘s personnel,and the
construction shall be completed without interference with any lawful,usual or ordinary
?ow ofwater through the City ditch.Licensee shall assume all risks incident to the
possible presence of such waters,or of storm waters,or of surface waters in the City
Ditch
9.All trenches or holes within City‘s rights-of-way disturbed by Licensee shall be
back?lled and tamped to the original ground line in layers not to exceed six (6)inches
loose measure to a compaction ofninety percent (90%)Standard Proctor Maximum
Density.
10.Licensee,by acceptance ofthis License,expressly assumes full and strict liability
for any and all damages ofevery nature to person or property caused by water from the
ditch leaking through the ditch banks or pipeline at the point or points where the Licensee
performs any work in connection with the crossing provided by this License,except to
the extent caused by the gross negligence or willful misconduct ofthe City.The
Licensee assumes all responsibility for maintenance ofthe installation.
11.Except to the extent caused by the gross negligence or willful misconduct ofthe
City,Licensee shall indemnify and save harmless the City,its officers and employees,
against any and all claims.damages,actions or causes of action and expenses to which it
or they may be subjected to the extent arising from Licensee's construction and
maintenance of the ?ber optic cable conduits being within and across and under the
premises ofthe City or by reason ofany work done or by omission made by Licensee,its
agents or employees,in connection with the construction,replacement,maintenance or
repair of said installation.
12.It is expressly agreed that in case ofLicensee’s breach ofany ofthe within
promises,ifnot cured within 30 days after Licensee's receipt ofwritten notice ofsuch
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breach,City may,at its option.have speci?c performance thereo?or sue for damages
resulting from such breach.
l3.Upon abandonment ofany right or privilege herein granted,the right ofLicensee
to that extent shall terminate,but its obligation to indemnify and hold harmless City,its
officers and employees,shall not terminate in any event.
14.In granting the above authorization,City reserves the right to make full use ofthe
property involved as may be necessary or convenient in the operation ofthe water works
plant and system under control ofCity.
IN WITNESS WHEREOF this instrument has been executed by the parties as of
the day and year first above written by the signatures oftheir authorized representatives
below.
CITY OF‘ENGLEWOOD,COLORADO
By:
Linda Olson,Mayor
ATTEST:
Stephanie Carlile,City Clerk
The undersigned officer of Level 3 Communications.LLC has read the foregoing
License and agrees for and on behalfofsaid Licensee that it will accept and will abide by
all the terms and conditions thereof.
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LICENSEE:
LEVEL 5 COMMUNICATIONS LLC
Title:3‘€Y\/or/"(grL“qm.+mam».
Address:
Phone:1&0 ‘$93 .{:11
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WITNESS my hand and seal.
Notary Public
My commission cxpircs.
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STAYEor COLORADO
NOTARYID 202l4D2E616
MYGOIIIIISSIDNEXPIRES or-1a-2025
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EXHIBITA
ENGLEWOOD CITY DITCH FIBER LINE CROSSING DESCRIPTION
TWO UNDERGROUNDFIBER LINE CROSSINGS OF ENGLEWOOD CITY DITCH,LYING WITHINTHE
SOUTHWEST QUARTER OF SECTION 3 TOWNSHIP 5 SOUTH,RANGE 68 WEST OF THE 6TH
PRINCIPAL MERIDIAN,IN COUNTY OF ARAPAHOE AND STATE OF COLORADO,MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
FIBER LINE CROSSING 1
COMMENCINGAT THE SOUTH 1/18 CORNER OF SAID SECTION 3,FROM WHICH THE SOUTH
LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST ‘I/4 SECTION 3,BEARS NORTH 89"35’21”
EAST,WITH ALL BEARINGS CONTAINEDHEREIN,BEING REFERENCED TO SAID SOUTH LINE;
THENCE NORTH 76”28’34"EAST,A DISTANCE OF 709.75 FEET TO THE POINT OF BEGINNING;
THENCE NORTH UO"‘l‘I'44"EAST,A DISTANCE OF 26.50 FEET TO THE POINT OF TERMINUS;
WHENCE THE SOUTHWEST ‘I/16 CORNER OF SAID SECTION 3 BEARS SOUTH 73"5U’42"EAST,A
DISTANCE OF 657.69 FEET.
FIBER LINE CROSSING 2
COMMENCING AT THE SOUTH 1/’I3 CORNER OF SAID SECTION 3,FROM WHICH THE SOUTH
LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 SECTION 3,BEARS NORTH 89°35'21”
EAST,WITH ALL BEARINGS CONTAINED HEREIN,BEING REFERENCED TO SAID SOUTH LINE,
THENCE NORTH 66°32“I7"EAST,A DISTANCE OF 752.76 FEET TO THE POINT OF BEGINNING,
THENCE NORTH 0O"11’44"EAST,A DISTANCE OF 29.82 FEET TO THE POINT OF TERMINUS;
WHENCE THE SOUTHWEST 1/16 CORNER OF SAID SECTION 3 BEARS SOUTH 63°06'53"EAST,A
DISTANCE OF 707.75 FEET.
AS SHOWN ON THE EHXHIBITATTACHED HERETO,MADEA PART HEREOF
JESUS A.LUGO,PLS 38081
COLORADO LICENSED PROFESSIONAL LAND SURVEYOR
FOR AND ON BEHALF OF ALTURA LAND CONSULTANTS,LLC
6950 SOUTH TUCSON WAY,UNIT C
CENTENNIAL,COLORADO S0112
SHEET 1 OF 2
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EXHIBITTO ACCOMPANYDESCRIPTIONUndergroundUtilityNote:3
BURIEDUTILITIESAND/ORPIPELINESSHOWNNEREONAREPERVISIBLEAND K
APPARENTSURFACEEVIDENCEOR NARKINDSPROVIDEDEV AN INDEPENDENT
LOCATINGCONTRACTORNo GUARANIEEDR WARRANTYEITHEREXPRESSED
DR IMPLIED.IS MADEAS To THE ACCURACYCOMPLETENESSOR \
IHDROUGHNESSOF SUCH INFORMATIONIE ACCURATELLICATIDNSor
UNDERGROUNDUTILITIES0R PIPE LINES ARE REQUIRED.THEUTILIWOI?
PIPELINEWILLHAVETo BE VERIFIEDEV EIELDPOTHOLINGALTLIRALAND
CDNSLILTANTS.LLCANDTHESUWEYDRor RECORDSHALLNOT BE HELD
LIABLEFOR THELOCATIONor OR THEEAILLIRETD NIITETHELDCATIDNor
NON—VLSIaLEUTILITIES0R PIPELINES.
GRAPHIC SCALE \
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~Proposed Fmer Lme Crossmg 2
/?.0.W.Line
NoIE
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SUMV IHE PURPOSEor THISExHIaIIIs SDLELVIDnmcrIIIEATTACHEDPRDPERIVIIEscmPIIoN
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JOB NO.21030
SHEET 2 OF 2 DATEL5/19/21
SCALE I"=
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DocuSign Envelope ID: AD739AF9-60ED-4D8A-BED2-CAEBBAAE4ACF
CITY DITCH TEIVIPORARY CONSTR[l(.'Tl0N EAS IENT
lhis City Ditch Temporary Construction Iyasement ("|empeiary |;2tsement")is entered
into this
V
_clay oli _,202).by and between the City of
Etiglewood.Colorado a municipal cot poration olithe State of Colorado.tcting by and through its
Water and Sewer Board ("(irantor“).and Level 3 Communications.|.l.(‘("irantee"),
WHEREAS.the City o|'l_'ngle\vood owns a right-o|'-way lor the City Ditch.a carrier ditch
which is located as deseribetl in l hibit A.attaehetl hereto.
WHEREAS,Grantee tles s to install three (3)one and one-hall‘inch (1 50")conduits
below and across the City Ditch right-oI'-way.pursuant to a license between the parties.
NOW THEREFORE.In consideration of the mutual covenants of the parties.more
particularly hcreinal"terset forth.the atlequaey and sulilieieney oliwhich are hereby aclutowletlgetl.
it is agreed as follows:
I.Femmorarv (‘onstrttetion l€asement.L-'ng|evmotl.as Ur-antor.hereby grants to
Grantee.its successors.igns.contractors.and sub-contractor .a non-exclusive temporary
construction easement through.over.under and across the City Ditch right—o|‘-wayfor the
installation three (‘l)t one antl one-hall‘inch I L50")conduits |)|l|'S|IdIll to a License Agreement.
2.Term 0!‘l-lascment.The Project will begin no sooner than October I5.ZUZI.and
will be completed no later than December 3].202|(or within six (6)months)olian easement
agreement being executed.Completion ofthe l’roiectwill be (Ieemetl to have occurred upon the
inspection and approval olithe Project by (irantor and this lemporary liasement will be deemed
to have terminated upon such completion
.Ace .Grantee shall have the tetnporarv non—exe|usive right to enter the City
Ditch rigltt-0|‘-way for any reasonable purpose necessary or prudent lor the construction ol'the
Project subject to the following restrictions:I)normal working hours shall be consistent with
Colorado Department 0|‘Transportation or it)ol'I.-ngletxootl construction hottrs.Momlay
ll‘II'(>t|gl1Friday and Z)the operation of equipment and heavy trucks will be permitted on the
Englewootl City Ditch right-oI'~way only «luring normal \\t)I‘l\lI1gl\UltI‘S.
4.Restoration.Upon the completion ol'the Project.Grantee will perlbrm such
restoration and regarding as is necessary or prudent to restore the sttr|‘aee area of the City Ditch
rtglit-ol‘-way to its original comlition immcnliately preceding (lrantee‘s construction.reasonable
wear and tear excepted.
5.lntlemnilieation.F eept to the e.\tent arisinu lrum the gross negligence or willlul
Iniseondttet ol‘Cn'ant0r.its employees.tenants.or guests.(3 tntce.to the extent pertnittetl by the
la\vs and eonstitution ol the State ol'(‘t>|orndo.hereby agrees to be liable and holtl harmless the
City of nglewootl.its employees.tenants.and guests from any and all thirtl party claims.causes
ofttetion.and liability which may occur to the e.\tant2 lsing limit the negligent or wro "llll acts
ol'(jr:tnlee in the COI151l‘\1CllOttolithe Project.including the cost ol‘t|e|‘cnding such claim_.
DocuSign Envelope ID: AD739AF9-60ED-4D8A-BED2-CAEBBAAE4ACF
6.Liability,Graiitec licreby ticliimwlcdges that it |IIItl(‘I‘5li1l1(lS that there is zi watci‘
lloix lI\the City Ditch fr ii April I to November l ofeacli year and that it “ill assume liability
for any (‘lE.\m‘:\gL‘It)adioi g propeity caused by water flow iestiltiiig linni Llziinzi 'to the City
Ditch eausctl by the Gmiitee s Collhll|ICllUl12ICllVlllC§.thtcpl to the xteiit caused liy Grantoi‘sgioss
negligciice Ul v\illfii|l1llSCUllLlllCl
7.lI'ISL1IallCt).(_ll£l!‘llE.’€shall manitam in full three and effect a valid policy of insurance
tor the l’r0Jecliii the aniuiiiit of $l,()00,000.00 property eoverage and $l.0()0,000.00 liability
coverage,Grantee ltirther agrees that all its employees.contiactors,and siib~contraetorsworking
on the Project shall be covered by adequate W0rl<ersCunipeiisatioii lllS|ll'?l1t;€.
8 Assigniiieiit.This Teiiiporary Constructioti basement is assignable only vtith the
written permission ofthe City 0l‘El'lglEWUL)tl‘which periiiissioii Wlll not tiiiieasonahly withheld.
coiiclitionetlor delayed.
IN WITNESS WIIEREOI-'.the parties hereto have executed this Teniporary Constrtielioii
Ezisement on the date and day ?rsl xtrillen above by the stgiialtires of their aiitliorized
iepresentatives below.
CITY OF F.NGLl'-IWOOD
l'eClOt'or Ulililles city‘
hairmaii
Englewood Wateraiid Sewer Board
DocuSign Envelope ID: AD739AF9-60ED-4D8A-BED2-CAEBBAAE4ACF
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DocuSign Envelope ID: AD739AF9-60ED-4D8A-BED2-CAEBBAAE4ACF
EXHIBITA
ENGLEWOOD CITY DITCH FIBER LINE CROSSING DESCRIPTION
TWO UNDERGROUNDFIBER LINE CROSSINGS OF ENGLEWOOD CITY DITCH LYING WITHINTHE
SOUTHWEST QUARTER OF SECTON 3‘TOWNSHIP 5 SOUTH.RANGE 68 WEST OF THE 6TH
PRINCIPAL MERIDIAN.IN COUI\ITY OF ARAPAHOE AND STATE OF COLORADO MORE
PARTICULARLY DESCRIBED AS FOLLOWS
FIBER LINE CROSSING 1
COMMENCING AT THE SOUTH 1/16 CORNER OF SAID SECTION 3‘FROM WHICH THE SOUTH
LINE OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 SECTION 3.BEARS NORTH 89°35‘2‘I‘
EAST‘WITH ALL BEARINGS CONTAINED HEREIN,BEING REFERENCED TO SAID SOUTH LINE,
THENCE NORTH 7626 34‘EAST ADISTANCE OF 709.75 FEET TO THE POINT OF BEGINNING,
THENCE NORTH IJO"11'44“EAST,A DISTANCE OF 26 50 FEET TO THE POINT OF TERMINUS
WHENCE THE SOUTHWEST 1/16 CORNER OF SAID SECTION 3 BEARS SOUTH 73"50‘42"EAST‘A
DISTANCE OF 657 69 FEET.
FIBER LINE CROSSING 2
COMMENCING AT THE SOUTH 1/16 CORNER OF SAID SECTION 3,FROM WHICH THE SOUTH
LINE OF THE NORTHWEST I/4 OF THE SOUTHWEST 1/A SECTION 3 BEARS NORTH 89"35‘21‘
EAST WITH ALL BEARINGS CONTAINED HEREIN BEING REFERENCEDTO SAIDSOUTH LINE‘
THENCE NORTH 66"32‘17'EAST ADISTANCE OF 752 76 FEET TO THE POINTOF BEGINNING‘
THENCE NORTH U0“1I‘44'EAST,A DISTANCE OF 29 82 FEET TO THE POINT OF TERMINUSI
WHENCE THE SOUTHWEST 1/16 CORNER OF SAID SECTION 3 BEARS SOUTH 83“U6‘53“EAST,A
DISTANCE OF 707 75 FEET.
AS SHOWN ON THEEXHIBITATTACHED HERETO‘MADE A PART HEREOF
mm
run M ‘
JESUS A LUGO‘PLS 38081
COLORADO LICENSED PROFESSIONAL LANDSURVEVOR
FOR AND ON BEHALF OF ALTURA _AND CONSULTANTS,LLC
6950 SOUTH TUCSON WAY‘UNIT C
CENTENNIAL‘COLORADO 80112
SHEET I OF 2
DocuSign Envelope ID: AD739AF9-60ED-4D8A-BED2-CAEBBAAE4ACF
EXHIBITTOACCOMPANYDESCRIFTIONUndergroundUtilityNote:5
HORILDUVMHESNID/ORPIPEUNESSFBWNNIHLUNAR:PU!.M AND
/«PPAREM svnmi LVYJENCEon mmunsmmorn in AK womww
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0|?|MP[|[D_VS MADE r\S VD VHF ACUIRAEV COMPLUEVESSOR
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SHEET 2 OF 2
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DocuSign Envelope ID: AD739AF9-60ED-4D8A-BED2-CAEBBAAE4ACF