HomeMy WebLinkAbout2020 Ordinance No. 030ITY OF ENGLEWOOD
1000 ENGLEWOOD PARKWAY
ENGLEWOOD, CO 80110
ORDINANCE
10/09I2020 03:15 PM RF: $48.00 DF: $0.00
Arapahoe County Clerk, CO
Page: 1 of 8 E0137207
BY AUTHORITY Joan Lopez, Clerk & Recorder
ORDINANCE NO. 30 COUNCIL BILL NO. 32
SERIES OF 2020 INTRODUCED BY COUNCIL
MEMBER WINK
AN ORDINANCE GRANTING A WATER LINE EASEMENT TO
THE VALLEY SANITATION DISTRICT FOR THE SANITARY
SEWER LIFT STATION LOCATED IN THE NORTH PARKING
LOT OF CENTENNIAL PARK
WHEREAS, the Valley Sanitation District ("Valley") provides sanitary sewer
service to approximately 565 customers in the City of Englewood representing exactly
twenty-five percent (25%) of the billing accounts for Valley;
WHEREAS, Valley owns and maintains a network of collection pipes to move
wastewater to the South Platte Water Renewal Partners plant for treatment;
WHEREAS, the Englewood City Council passed Ordinance No. 8, Series of 2019,
on February 4, 2019 awarding the grant of a permanent easement and temporary
construction easement to the District to locate a new sewer line and lift station in the North
parking lot of Centennial Park;
WHEREAS, as part of the ongoing maintenance and operation of the lift station
equipment, the District has a need for a three-quarter inch (3/4") water line;
WHEREAS, the water line is necessary to provide potable water to the lift station
operations for washing down equipment and floors during the repass, maintenance and
replacement of lift station equipment. All water used in these operations is disposed of via
a collection system located within the lift station building.
WHEREAS, after the installation of the water line, the District shall, at its cost,
restore the property to its original condition to the extent reasonably practicable;
WHEREAS, the City retains all of its rights to the undisturbed use and occupancy
of the Water Line Easement area, except as necessary to accommodate the District's lift
station facility located therein;
WHEREAS, the District shall be solely responsible and at its own cost for the
construction, operation, maintenance, repair and replacement, and all restoration work
associated with the water line; and
WHEREAS, if the District abandons its rights under the Water Line Easement,
such easement shall revert back to the City of Englewood;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The "Grant of Water Line Easement" from the City of Englewood,
Colorado to the Valley Sanitation District, attached hereto as Exhibit A, is hereby
granted, accepted and approved by the Englewood City Council.
Section 2. The Mayor is authorized to execute and the City Clerk attest and seal
the Grant of Water Line Easement Agreement for and on behalf of the City of
Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 171 day of August,
2020.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the
201h day of August, 2020.
Published as a Bill for an Ordinance on the City's official website beginning on the
19d' day of August, 2020 for thirty (30) days.
Read by Title and passed on final reading on the 7th day of September, 2020.
Published by Title in the City's official newspaper as Ordinance No. 30, Series of
2020, on the 10's day of September, 2020
Published by title on the City's official website beginning on the 9flI day of
September, 2020 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage.
inda Olson, Mayor
ATTEST:
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. 30, Series of 2020.
z,/?
ani Carlile
GRANT OF WATER LINE EASEMENT
THIS WATER LINE EASEMENT is made this Rt�- day of • L) 2020
between the CITY OF ENGLEWOOD, (hereinafter referred to as the "City" or "Gr ntor') and VALLEY
SANITATION DISTRICT, (hereinafter referred to as the "District").
WHEREAS, the District is currently constructing approximately 3,000 feet of pressure and gravity
interceptor sewer pipe and a new lift station to replace the current interceptor sewer line;
WHEREAS, the Parties entered into a Permanent Easement and Temporary Construction
Easement Agreement in 2019 to construct a sewer lift station and install a sanitary sewer line;
WHEREAS, the Englewood City Council passed Ordinance No. 8, Series of 2019, on February 4,
2019 awarding the grant of permanent and temporary construction easements to the District to locate the
new sewer line and lift station in a portion of the southwest parking lot at Centennial Park;
WHEREAS, as part of the ongoing maintenance of the lift station equipment, the District has a
need for a three-quarter inch (3/4") water line which will be located in Lot 2, Block 3, Centennial Industrial
Park Subdivision, also known as Centennial Park, City of Englewood, County of Arapahoe; and
WHEREAS, the water line is necessary to provide potable water to the lift station operations for
washing down equipment and floor during repairs, maintenance and replacement of lift station equipment.
All water used in these operations is disposed of via a collection system located within the lift station
building.
NOW THEREFORE, the City hereby, without warranty of its title or interest whatsoever, grants
the District a water line easement over and across that portion of City property described on Exhibit A as
attached hereto, upon the following conditions.
1. Grant of Easement. Subject to the terns and conditions set forth in this Agreement,
Grantor does hereby grant and convey unto the District, its successors and assigns the
following Easement:
(a) An Easement as set forth in Exhibit A, as attached hereto, for the purpose of
constricting, installing, operating, maintaining, repairing and replacing a tlu•ee-quarter
inch (3/4") water service line to the District's lift station.
2. Location of Water Line. The water line shall be located underground within the Easement
area, as set forth in Exhibit A, together with any and all surface appurtenances necessary for the
operation of the water line. In the event that the City is required, or it is necessary for the water
line to be moved, the cost of such relocation shall be borne by the District.
3. Existine Improvements. Grantor and District recognize that over time, Grantor, or
Grantor's predecessors, have installed improvements including, without limitation, trees, sod,
shrubs, flowers, and parking improvements within the Easement area, as set forth in Exhibit A.
After installation of the water line, and any subsequent repair, alteration, inspection or other work
performed on the water line, pursuant to this Agreement, the District shall leave the Grantor's
property, and the easement area, and all portions thereof, in a clean, sightly, and safe condition,
with all rubbish and debris removed therefrom and shall repair and/or restore Grantor's property,
to the extent reasonably practicable.
4. Notice of Work Except in the case of emergencies, the District will, during the life of the
Easement herein granted, provide the Grantor reasonable advance notice before the District
commences any substantial matter. In the event of an emergency, the District shall provide the
Grantor notice of such activity as soon as it is reasonably practicable.
5. Reservation of Riehts. Grantor retains the right to the undisturbed use and occupancy of
the Easement Area is so far as such use and occupancy is consistent with, and does not impair, the
operation, maintenance, and security of the District's facilities located within the Easement Area.
6. Maintenance of Surface. Grantor, at Grantor's sole expense shall solely be responsible
for the maintenance of the surface of the Easement Area, including any public street surfacing,
curbs, gutters and permitted landscaping within the Easement Area.
7. Abandonment. In the case the District shall abandon its rights herein granted, either in
whole or in part, all right, title and interest of the District hereunder shall cease and terminate and
shall revert back to the Grantor, or the then owner of the real property burdened by the Easement
or the portion therein abandoned, as the case may be, and shall hold the abandoned Easement Area
as the same may then be, free from any right, title or claim of the District, but nothing herein
contained shall be construed as causing a forfeiture or abandonment of any interest hereunder not
owned by the District at the time of such abandonment.
8. District Maintenance Responsibilities. All water line construction, operation,
maintenance, repair and replacement and all restoration work shall performed at the District's sole
cost and expense; in a good workman -like manner; and in accordance with all applicable legal
requirements.
9. Subjacent and Lateral Support. The District shall have and exercise the right of
subjacent and lateral support, to whatever extant is reasonably necessary, for the full, complete and
unmolested enjoyment of the District's rights herein granted. Grantor shall take no action which
would impair the earth overburden or subjacent or lateral support of the water line; provided,
however, that upon obtaining the specific written permission of the District, the earth overburden
of the water line may be modified, but it is understood that normally will not be 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 water line.
8. 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.
9. Miscellaneous. All provisions of this Agreement, including all benefits, 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.
10. Assignment. Subject to the provisions of Paragraph 9 above, the Easement Area 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.
11. Severability. The invalidity of any one provision of this Agreement will not affect the
validity or binding effect of the remaining provisions.
2. Governine 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.
13. Indemnification. The District, to the extent authorized by law and subject to all of the
limitations, defenses, immunities and other protections afforded the District under the Colorado
Governmental Immunity Act, 24-10-101 et seq. C.R.S., shall indemnify, save and hold harmless
the Grantor 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 of the District, its employees, agents and subcontractors pursuant to the terms of this
Agreement.
Such indemnification shall be for all spill, leaks, subsidence of the Easement Area, or any other
water line event impacting private or public property, wherein the origin of the event is due to the
District's water line which is the subject of this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Water Line Easement Agreement, as
of the day and year first above written.
CeT7irUTT
CITY OF ENGLEWOOD, a Colorado
Municipal Corporation
STATE OF COLORADO )
) ss.
COUNTY OF ARAPAOE )
The bove and foregoing instrument was acknowlppdge�4Q be �p re me this � day of
p(M&" 12020,by It k U1LnrN.. as
tla or of the City of Englewood, Colorado.
Witness my han�.gd official seal.
My
STEPHANIE CARLILE
NOTARY PUBLIC
STATE OF COLORADO I
NOTARY ID 20164010326
MY COMMISSION EXPIRES MARCH 12. 2023
ISTRICT:
VALLEY SANITATION DISTRICT, a quasi -municipal
corporation and political subdivision of the State of Colorado
ACKNOWLEDGEMENT
STATE OF COLORADO )
) ss.
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this F day of U l
2020, by& i Cui 8.1 by � / I S �-700 I! -Lr I as
Chairman of the Valley Sanitation District.
WITNESS my hand and official seal.
My Commission Expires:!! r a Z (J 2
BRIDGET BUTTERFIELD
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20194017937
MY COMMISSION EXPIRES MAY 10, 2023
J
6>
W ;
w�
L� 0�
V
I NW COR. EXHIBIT "A"
1 OT 3�,
CENTENNIAL TRADE CENTER / \
\ \
- - LOT 3 \
520'26'S0°W 175.02' BLOCK 3
NW'LY LINE OF LOT 3 \
1SWBASIS OF BEARING \ CDR. LOT 3 \
S36'02'36"E OWNER:
61.60'(TIE) L1 _ CITY OF \
ENGLEWOOD
L'2 VACATED
POINT OF L4 W TUFTS AVE \
BEGINNING
L3-----
I PERMANENT EASEMENT
I AREA=758 S.F.± E'LY R.O.W. \
OR 0.017 ACRES± I \ \
_-----_ __- I LOT \
Ij- BLOCK 2
I
LOT 2
BLOCK 1
I
I
V)
IY 3E
NE1 /4 SEC. 8LLJ
cai o
T5S, R68W, 6TH P.M.
I 0�
I VI
LOT 3
BLOCK 1
I
-- — — — — — — --
I
CENTENNIAL
INDUSTRIAL PARK
I OWNER: \
CITY OF ENGLEWOOD
AIN: 2077-08-1-03-009 \
100 0 50 100 I LOT 3
BLOCK 2
1 inch - 100 ft.
LINE TABLE
LINE #
BEARING
DISTANCE
Li
N90'00'00"E
40.06'
L2
S12'15'17'W
20.47'
L3
N9O'00'00"W
35.74'
L4
N00'04'21"E
20.00'
1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS OF THE COUNTY ASSESSOR.
2.) ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY
WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY
DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS AFTER THE DATE OF THE CERTIFICATION SHOWN HEREON.
3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO SHOW THE LOCATION OF THE EASEMENT($).
4.) THIS DOCUMENT SHALL BE CONSIDERED NULL AND VOID IF IT DOES NOT BEAR THE ORIGINAL SIGNATURE AND SEAL OF
THE PROFESSIONAL LAND SURVEYOR OR IF ALTERED IN ANY WAY.
°. S' PERMANENT
Precision Survey 5 Mapping, Inc. °HKo �,, cr. FILE: R,aoso
D„�: U5,26,20 EASEMENT-
9015 E Barywr Am., 5ude 159, Oenvr, W BOP]] SHEET: 1 OF 2
!e:(3pl) 15Y9799 $GLE1 1" v 100'
EGAL DESCRIPTION
A PARCEL OF LAND LOCATED IN NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 5
SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL. MERIDIAN, COUNTY OF ARAPAHOE,
STATE OF COLORADO, ALSO BEING A PORTION OF VACATED WEST TUFTS AVENUE,
CENTENNIAL INDUSTRIAL PARK SUBDIVISION, FILED IN THE ARAPAHOE COUNTY CLERK
AND RECORDER'S OFFICE, SAID PARCEL OF LAND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE NORTHWESTERLY LINE OF
LOT 3, BLOCK 3 OF SAID PLAT, ASSUMED TO BEAR S20'26'50"W A DISTANCE OF
175.02 FEET;
BEGINNING AT A POINT WHICH BEARS S36'02'36"E A DISTANCE OF 61.60 FEET FROM
THE SOUTHWEST CORNER OF SAID LOT 3, BLOCK 3;
THENCE N90'00'00"E A DISTANCE OF 40.06 FEET; THENCE S12'15'17"W A DISTANCE
OF 20.47 FEET; THENCE N90'00'00"W A DISTANCE OF 35.74 FEET TO THE EASTERLY
RIGHT-OF-WAY OF SOUTH DECATUR STREET; THENCE N00'04'21 "E ALONG SAID
EASTERLY RIGHT-OF-WAY, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING;
WHENCE THE NORTHWEST CORNER OF SAID LOT 3, BLOCK 3 BEARS N06'38'30"E A
DISTANCE OF 215.25 FEET;
SAID PARCEL CONTAINS 758 SQUARE FEET OR 0.017 ACRES, MORE OR LESS.
I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO
HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION
AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE.
CHRISTOF
FOR AND
L.S. 31158 DATE
CISION SURVEY & MAPPING, INC.
DRN. BY: jmL PERMANENT
® Preasion Survey &Mapping, Inc CHND. BY: D,j, vllE; R13050 9025 E l("ryon . 9ude I50, Omw, CO 00237 DATE: 05/2 1 SHEET: 2 OF 2 EASEMENT
id:(JOJ) 153-9799 SCALE: i