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Home My WebLink About2020 Ordinance No. 017 -1- BY AUTHORITY ORDINANCE NO. 17 COUNCIL BILL NO. 17 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE AUTHORIZING A GRANT OF A BIOGAS PIPELINE AND CUSTODY TRANSFER STATION PERMANENT EASEMENT BETWEEN THE CITIES OF ENGLEWOOD AND LITTLETON, COLORADO AND PUBLIC SERVICE COMPANY OF COLORADO, LOCATED ON THE SOUTH PLATTE WATER RENEWAL PARTNERS TREATMENT PLANT PROPERTY WHEREAS, the South Platte Water Renewal Partners (“SPWRP”) generates methane or biogas which is created from the treatment of wastewater; WHEREAS, Public Service Company of Colorado (“PSCO”) is a major transporter of natural gas to customers in Colorado, which includes the construction, installation, repair, operation and maintenance of natural gas pipelines; WHEREAS, in 2019 the South Platte Water Renewal Partners (“SPWRP”) along with Public Service Company of Colorado (“PSCO”) constructed a pipeline and custody transfer station for the transport and injection of biogas into PSCO natural gas pipeline; WHEREAS, the SPWRP will market and sell the biogas to consumers transporting the biogas through the pipeline and custody transfer station currently located on SPWRP property; WHEREAS, PSCO will operate, repair and maintain the custody transfer station and pipeline located on SPWRP property, and inject the biogas into its preexisting natural gas pipeline which runs parallel to SPWRP property; WHEREAS, the SPWRP Supervisory Committee at their March 26, 2020 meeting approved the Biogas Pipeline and Custody Transfer Station easement; and WHEREAS, with the passage of this Ordinance a permanent easement in a parcel of land, being a portion of Lot 2 Platte River Subdivision recorded at reception No. B5165918, Book 304, pages 4 and 5 of the Arapahoe County public records and located in the Northeast Quarter of Section 33, Township 4 South, Range 68 West of the 6th P.M., City of Englewood, County of Arapahoe, State of Colorado, the easement(s) varying in width and being described as follows as set forth on Exhibits A and B attached hereto. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C -2- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Grant of this Permanent Easement Agreement to Public Service Company of Colorado, by the City of Englewood and City of Littleton, Colorado, attached hereto, along with Exhibits A and B, is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the “Public Service Company of Colorado Biogas Pipeline and Custody Transfer Station Easement Agreement” for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 4th day of May, 2020. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 7th day of May, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 6th day of May, 2020. Read by Title and passed on final reading on the 18th day of May, 2020. Published by Title in the City’s official newspaper as Ordinance No. 17, Series of 2020, on the 21st day of May, 2020 Published by title on the City’s official website beginning on the 20th day of May, 2020 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 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. 17, Series of 2020. Stephanie Carlile DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 1 of 5 DIVISION SWMD ROW AGENT R Martinez DOC. NO. LOCATION 2900 S Platte River Dr DESCRIPTION AUTHOR S Rutzen, PLS 38094 PLAT/GRID NO. 2140840/121244 AUTHOR ADDRESS J.F. Sato and Associates Littleton, CO 80120 WO/JO/CREG NO. PUBLIC SERVICE COMPANY OF COLORADO BIOGAS PIPELINE AND CUSTODY TRANSFER STATION EASEMENT AGREEMENT THIS PERMANENT EASEMENTAGREEMENT, (“Agreement”) is made and entered into this ______ day of _______________, 2020, by and between the CITY OF ENGLEWOOD and CITY OF LITTLETON, Colorado municipal corporations (hereinafter referred to as “Grantors”) and PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation duly authorized to conduct business in the State of Colorado (hereinafter called “Grantee”), whose address is 1800 Larimer Street, Suite 1100, Denver Colorado 80202. WITNESSETH WHEREAS, Grantors are the record owner of a certain parcel of land commonly known as South Platte Water Renewal Partners Wastewater Treatment Plant, 2900 S. Platte River Drive, Englewood, Colorado 80110 (“Grantor’s Property); WHEREAS, the Grantee is a major transporter of natural gas to customers in Colorado, which includes the construction, installation, repair, operation, and maintenance of natural gas pipelines and machinery; WHEREAS, Grantors are a major generator of methane or biogas which is created during the treatment of wastewater that is delivered to the Plant, and Grantors desire to market and sell this byproduct to consumers by way of a transfer station and pipeline located on Plant property; WHEREAS, Grantee desires to install, repair, operate and maintain the custody transfer station and pipeline needed to transport the biogas from the Plant and inject the biogas into a pre-existing natural gas pipeline owned by the Grantee; WHEREAS, Grantors have agreed to grant, and Grantee has agreed to accept, certain Permanent Easements over and to Grantors property as more particularly set forth herein. NOW, THEREFORE, for and in consideration of the sum of ten and no/100ths DOLLARS ($10.00), and other good and valuable consideration to the Grantors in hand paid by the Grantee, the receipt whereof is hereby acknowledged, the parties hereto agree as follows: 1. Grant of Permanent Easements. Subject to the terms and conditions set forth in this Agreement, Grantors do hereby grant and convey unto the Grantee, its successors and assigns the following Permanent Easement: DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 2 of 5 Grantors hereby grant unto said Grantee, its successors and assigns, an non-exclusive permanent easement to operate, maintain, repair, a gas pipeline, and a Biogas Custody Transfer Station and all fixtures and devices, used or useful in the operation of said station and line(s), through, over, under, across, and along a course as said line(s) may be hereafter constructed in A PARCEL OF LAND, being a portion of Lot 2 Platte River Subdivision recorded at reception No. B5165918, Book 304, pages 4 and 5 of the Arapahoe County public records and located in the Northeast Quarter of Section 33, Township 4 South, Range 68 West of the 6th P.M., City of Englewood, County of Arapahoe, State of Colorado, the easement(s) varying in width and being described as follows: See “Exhibits A and B” attached hereto and made a part hereof. Together with the right to enter upon said premises, to survey, construct, maintain, operate, repair, replace, control, and use said gas pipeline easement(s) and transfer station and there related fixtures and devices, and to remove objects interfering therewith, and together with the right to use so much of the adjoining premises of Grantors during surveying, construction, maintenance, repair, removal, or replacement of said gas pipeline(s) and transfer station and related fixtures and devices as may be required to permit the operation of standard gas pipeline construction or repair machinery. The Grantors reserve the right to use and occupy the easement for any purpose consistent with the rights and privileges above granted and which will not interfere with or endanger any of the said Grantee’s facilities therein or use thereof. Such reservations by the Grantors shall in no event include the right to erect or cause to be erected any buildings or structures upon the easement granted or to locate any mobile home or trailer units thereon. The work of installing and maintaining said gas pipeline(s) and transfer station and fixtures shall be done with care; the surface along the easement area and any adjoining premises used by the Grantee shall be restored substantially to its original level and condition. 2. Notice of Work. Except in the case of emergencies, the Grantee will, during the life of the Permanent Easements herein granted, provide the Grantors reasonable advance notice before the Grantee commences any substantial material changes to the gas pipeline and/or Custody Transfer Station within the Permanent Easement Areas. In the event of an emergency, the Grantee shall provide the Grantors notice of such activity as soon as it is reasonably practical. 3. Reservation of Rights. Grantors retain the right to the undisturbed use and occupancy of the Permanent Easement Area in so far as such use and occupancy is consistent with, and does not impair, the operation maintenance, and security of the Grantee’s facilities located within the Permanent Easement Areas. 4. Abandonment. In the case the Grantee shall abandon its rights herein granted, either in whole or in part, all right, title and interest of the Grantee hereunder shall cease and terminate and shall revert back to the Grantors, or the then owner of the real property burdened by the Permanent Easements or the portion therein abandoned, as the case may be, and shall hold the abandoned Permanent Easement Area or Areas as the same may then be, free from any right, title or claim of the Grantee, but nothing herein contained shall be construed as causing a forfeiture or abandonment of any interest hereunder not owned by the Grantee at the time of such abandonment. 5. Subjacent and Lateral Support. The Grantee shall have and exercise the right of subjacent and lateral support, to whatever extent is reasonably necessary, for the full, complete and unmolested enjoyment of the Grantee’s rights herein granted. Grantors shall take no action which would impair the earth overburden or subjacent or lateral support of the gas pipeline; provided, however, that upon obtaining the specific written permission of the Grantee, the earth overburden of the gas pipeline may be modified, but it is understood that normally will not be DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 3 of 5 granted for a modification involving a cover of less than 4.5 feet, nor greater than 15 feet, measured vertically from the top of the gas pipeline. 6. Entire Agreement. Unless special provisions are attached hereto, the above and foregoing constitutes the whole Agreement between the Parties; and no additional or different oral representation, promise or agreement shall be binding on any of the Parties hereto, with respect to the subject matter hereof, to the extent that any such provisions added hereto conflict with any other provision hereof, such special provision shall control. 7. Miscellaneous. All provisions of the Agreement, including all benefits and burdens, shall run with the land and be binding upon, and inure, to the benefit to the successors and assigns of the Parties hereto, subject to the provisions hereof. 8. Assignment. Subject to the provisions of Paragraph 13 above, the Permanent Easements nor this Agreement shall be assigned by either Party without the prior written consent of the other Party. Any purported assignment without the prior written consent shall be deemed null and void. 9. Severability. The invalidity of any one provision of this Agreement will not affect the validity or binding effect of the remaining provisions. 10. Governing Law. This Agreement shall be governed and construed under the laws of the State of Colorado. Any actions shall be filed in the District Courts of Arapahoe County. 11. Indemnification. The Grantee, shall indemnify, save and hold harmless the Grantors against any and all claims, damages, liability and court awards including costs, expenses and reasonable attorney fees incurred as a result of any negligent or wrongful act or omission by the Grantee, or its employees, agents and subcontractors pursuant to the terms of this Agreement. Such indemnification shall be for all spills, leaks, subsidence of the Permanent Easement Areas, pollution events, or any other sewer event impacting private or public property, wherein the origin of the event is due to the Grantee’s gas pipeline or Transfer Custody Station which are the subject of this Agreement. 12. Insurance. The Grantee shall provide proof of Commercial General Liability Insurance in the amount of $2,000,000 single limit and $2,000,000 aggregate limit, naming the Grantors/City of Englewood and City of Littleton as additional insureds. IN WITNESS WHEREOF, the parties have executed this Permanent Easement Agreement, on the following pages, as of the day and year first above written. Signed this _______ day of __________________________, 2020. (REMAINDER OF PAGE INTENTIONALLY BLANK) DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 4 of 5 GRANTOR: CITY OF ENGLEWOOD, a Colorado Municipal Corporation By: _____________________________________________ _____________________________________________ (print name) Its: ______________________________________________ STATE OF COLORADO ) ) ss COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this ______ day of ___________________, 2020 by its Mayor, Grantor City of Englewood. Witness my hand and official seal. _____________________________________ _________________________________ My Commission Expires Notary Public GRANTOR: CITY OF LITTLETON, a Colorado Municipal Corporation By: _____________________________________________ _____________________________________________ (Print Name) Its: ______________________________________________ STATE OF COLORADO ) ) ss COUNTY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this ______ day of ___________________, 2020 by its Mayor, Grantor City of Littleton. Witness my hand and official seal. _____________________________________ _________________________________ My Commission Expires Notary Public DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 5 of 5 GRANTEE: PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation By:_____________________________________ Richard J. Grady, Manager, Siting and Land Rights, Right of Way and Permits Department STATE OF COLORADO ) ) ss. COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this _____ day of ______________________, 2020, by Richard J Grady, Manager, Siting and Land Rights, Public Service Company of Colorado, a Colorado corporation. Witness my hand and official seal. __________________________________ My Commission Expires: Notary Public DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C ocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C ocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C ocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C XHIBIT B BIOGAS CUSTODY TRANSFER STATION EASEMENT ]l NOTE: THIS EXHIBIT DOES NOT:::, REPRESENT A MONUMENTEDffi LAND SURVEY. IT IS INTENDEDE ONLY TO DEPICT THE � ATTACHED PROPERTY � DESCRIPTION. LOT 1 12.648 ACRES 0 0 1-zw � � .0 .!!! ... a, zw::!!:w � o·7 ' 150' 300' 1 Inch = 300' Feet PLATTE RIVER SUBDIVISION REC. #B5165918, BOOK 304, PAGES 4,5. / / / wwz0.. _J <(z0 j:: p� !OGAS CUSTODY TRANSFER STATION EASEMENT 0 0 (.)w...,0 0:::0.. � _J w(.) X 299B SQ. FT. 0,068 ACRES / SHEET 1 OF 3 SHEETS / 300.00WC TO NE CCR W1/2, NE1/4,SEC 33 HS, R6BW, 6TH P.M. REC#4 REBAR UNPLATTED BOOK 1560 PAGE 198 COMMENCEMENT 1317_18, NE COR SEC 33 N 59°53'07" W T4S, R68W, 6TH P.M. BASIS OF BEARING REC #6 REBAR / LIPAN STREET PROPERTY LINE BOOK 6258 PAGE 431 M 647.35' LOT2 53.333 ACRES / / / PROPERTY LINE / M 244.61' / / a...,__.__.._ ______________ .._ _________________________________ ____ Cl)I ... a, .0 0 ..., 01 0 0 a, JF� J.F. SATO AND ASSOCIATES Consulting Engineers Project Managers, Planners & 5878 So. Rapp St. Littleton, CO 80120 Surveyors (303)797-1200 JOB. NO. JFA 1911 D ESC. BIOGAS CUSTODY TRANSFER STATION EASE. DATE: 09/06/2019 BY�S=G�R-----11 SCALE: 1 " = 300' CHECKED SGR �=�----- NOTES: REVISED; 10/10/2019 NOTES: UTILITY EASEMENT LOCATED IN THE NE 1/4 OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH P.M. ><--------------------------------------------------- DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C OTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVEY. IT IS INTENDED EXHIBIT B- BIOGAS CUSTODY TRANSFER STATION EASEMENT SHEET 2 OF 3 SHEETS c: ONLY TO DEPICT THE i ATTACHED PROPERTYa:: DESCRIPTION. Cl) E nl r..,.0 -' a, -0 N ci -ts0 O> i � Q) E illnl Q) iii C: .Q "C nl -m �zw :i:w �wwwza. �z0�150 � uw-,0a::a. PLATTE RIVER SUBDIVISION REC. #B5165918, BOOK 304, PAGES 4,5 . LOT 2 53.333 ACRES POB ----'-'IOGAS CUSTODY TRANSFER STATION EASEMENT 2998 SQ. FT. 0.068 ACRES Cl) o· 1 o· 20· c3 40' 80' -IwuX 1 Inch =40' Feet ' a.1--------------------------------------..... l C/)1 --a, -'iii .c 0 :1 0 0 0) -- JF� J.F. SATO AND ASSOCIATES Consulting Engineers Project Managers, Planners & Surveyors 5878 So. Rapp St. Littleton, CO 80120 (303) 797-1200 JOB. NO. JFA 1911 DESc.BIOGAS CUSTODY TRAN SFER STATION EASE. DATE: 09/06/2019 BY--=SG=R..,___ __ _ SCALE: 1" = · 40' CHECKED--=SG=->-------1 NOTES: REVISED; 10/10/2019 NOTES: UTILITY EASEMENT LOCATED IN THE NE 1/4 OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH P.M. ><-------------------------------------- DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C XHIBIT B "BIOGAS CUSTODY TRANSFER STATION EASEMENT" SHEET 3 OF 3 LAND DESCRIPTION A Utility Easement, being a portion of Lot 2 Platte River Subdivision recorded at reception No. B5165918, Plat Book 304, pages 4 and 5 of the Arapahoe County public records, located in the Northeast¼ of Section 33, Township 4 South, Range 68 West, 6th P.M., City of Englewood, County of Arapahoe, State of Colorado, being more particularly described as follows: BASIS OF BEARINGS: For the purpose of this description the Northerly line of Lot 2 of Platte River Subdivision recorded at reception No. B5165918, Plat Book 304, pages 4 and 5 of the Arapahoe County public records, assumed to bear N 89°53 '07'' W being monumented at the NE Comer of said Section, a found no. 6 rebar and on the said Northerly line by a found no. 4 rebar being a 300.00 WC to the NE Comer of the Wl/2, of the NE¼, of said Section. Commencing at the NE corner Section 33, Township 4 South, Range 68 West of the sixth Principal Meridian, thence S 44°51 '43 11 W a distance of2150.44 feet to a angle point of easement the TRUE POINT OF BEGINNING; 1.Thence S 00°04'41 11 W, a distance of 59.12 feet; 2.Thence S 88°08'57 11 W, a distance of 50.03 feet; 3.Thence N 00°04'41 11 E, a distance of 60.81 feet; 4.Thence S 89°55'1911 E, a distance of 50.00 feet to the TRUE POINT OF BEGINNING. The above-described parcel ofland contains 2998 square feet (0.068 acres), ofland, more or less. Legal Description prepared by: Stephen G. Rutzen, PLS 3 8094 For and on Behalf of J.F. Sato and Associates 5878 S. Rapp St. Littleton, CO 80120 DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C