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Home My WebLink About2019 Ordinance No. 008ORDINANCE NO. 8 SERIES OF 2019 BY AUTHORITY COUNCIL BILL NO. 2 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE GRANTING THREE PERMANENT EASEMENTS AND ONE TEMPORARY CONSTRUCTION EASEMENT TO THE VALLEY SANITATION DISTRICT FOR THE CONSTRUCTION AND INSTALLATION OF A SANITARY SEWER LIFT STATION LOCATED IN THE NORTH PARKING LOT OF CENTENNIAL PARK, THE CONSTRUCTION AND INSTALLATION OF 3,300 FEET OF SANITARY SEWER LINE RUNNING NORTHEAST UNDER SOUTH DECATUR STREET TO THE LIFT STATION, AND THE CONSTRUCTION AND INSTALLATION OF 69 FEET OF SANITARY SEWER LINE ALONG SOUTH CLAY STREET WITHIN THE CITY OF ENGLEWOOD TO PROVIDE SANITARY SEWER SERVICE AND TREATMENT AT SOUTH PLATTE WATER RENEWAL PARTNERS WASTE WATER TREATMENT PLANT 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 , 3 ,940 feet of the current concrete gravity pipe is located within an abandoned landfill and is showing signs of advanced corrosion and methane gas infiltration ; WHEREAS , the Temporary Construction Easement will allow Valley to stage for the upcoming construction of both the lift station and the sanitary sewer line. Construction under the Temporary Easement begins on the date that Valley actually takes temporary possession of the property, which would include the installation of temporary construction fence to protect the entire construction area, and terminates upon either the final acceptance by the District of the lift station and sewer line or 210 days following the date of the sta11 of construction; WHEREAS , the first Permanent Easement houses the new lift station and is located in the North parking lot of Centennial Park , as further set forth in Exhibit A , attached hereto ; WHEREAS , the second Permanent Easement is the placement of 3 ,300 feet of new sanitary sewer line running Northwest under the parking lot and portions of Centennial Park to the lift station, and further set fo11h in Exhibit B, attached hereto ; WHEREAS , the third and final Permanent Easement is the placement of approximately 69 feet of sanitary sewer line along South Clay Street, as further set forth in Exhibit C , attached hereto; WHEREAS , after the installation of the lift station and sanitary sewer lines , 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 Permanent Easement areas, except as necessary to accommodate the District 's wastewater facilities located therein ; WHEREAS , the District shall be solely responsible and at its cost for costs of construction , operation , maintenance, repair and replacement, and all restoration work associated with the lift station and sanitary sewer lines subject to these Permanent Easements ; WHEREAS, if the District abandons its rights under the Permanent Easements , such easements 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 l. The "Valley Sanitation District Permanent Easement Agreement and Temporary Construction Easement Agreement" from the City of Englewood , Colorado to the Valley Sanitation District, attached hereto as Exhibit D, are 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 Valley Sanitation District Permanent Easement Agreement and Temporary Construction Easement Agreement for and on behalf of the City of Englewood , Colorado. Introduced , read in full , and passed on first reading on the 22 nd day of January, 20 I 9. Published by Title as a Bill for an Ordinance in the City 's official newspaper on the 25 th day of January, 2019. Published as a Bill for an Ordinance on the City 's official website beginning on the 24 th day of January, 2019 for thirty (30) days. Read by Title and passed on final reading on the 4th day of February, 2019. Published by Title in the City 's official newspaper as Ordinance No. 8 , Series of 2019 , on the 7th day of February, 2019. Published by title on the City 's official website beginning on the 6th day of February, 2019 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. ATTEST: I, Stephan ie Carlil e , City C lerk of the C ity of Eng lewood , Colorado , hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Tit le as Ordinance No. 8, Series of 20 19 . VALLEY SANITATION DISTRICT PERMANENT EASEMENT AGREEMENT l,THIS PERMA NT EASEMENT AGREEMENT ("Agreement") is made this 4f day of F, 2019, between the CITY OF ENGLEWOOD, Colorado a municipal corporati , (hereinafter called "Grantor" or "City") whose address is 1000 Englewood Parkway, Englew d, Colorado 80110 and VALLEY SANITATION DISTRICT , a quasi-municipal corporation and political subdivision of the State of Colorado (hereinafter called "District"), whose address is c/o Platte Canyon Water and Sanitation District, 8739 W. Coal Mine Avenue, Littleton, Colorado 80123. WITNESS ETH WHEREAS, Grantor is the record owner of certain parcels of land commonly known as Centennial Park, City of Englewood, County of Arapahoe, Colorado 80110 ("Grantor's Property); WHEREAS, District desires to install, repair, operate and maintain a sanitary sewer line over and across a portion of the Grantor's Property, and to erect a sanitary sewer lift station on Grantor's property to serve a new forced and gravity sewer line; WHEREAS, Grantor has agreed to grant, and District has agreed to accept, certain Permanent Easements over and to Grantor's property as more particularly set forth herein. NOW, THEREFORE, for and in consideration of the sum of ten and no/1 00ths DOLLARS ($10 .00), and other good and valuable consideration to the Grantor in hand paid by the District, 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, Grantor does hereby grant and convey unto the District, its successors and assigns the following Permanent Easements: (a) A permanent, non-exclusive easement as set forth in Exhibit A, as attached hereto, for the purpose of constructing, installing, operating, fencing, maintaining, and repairing replacing a sanitary sewer Lift Station upon the real property described as Permanent Easement Area No. 1. As used herein, the term "Permanent Easement Area No. 1" shall mean that area described and depicted on Exhibit A. (b) A permanent, non-exclusive easement as set forth in Exhibit B, as attached hereto, for the purpose of constructing, installing, operating, maintaining, repairing, relocating and replacing one or more sanitary sewer lines over and across the real property described as Permanent Easement Area No. 2. As used herein, the term "Permanent Easement Area No. 2" shall mean the area described and depicted on Exhibit B. (c) A permanent, non-exclusive easement as set forth in Exhibit C, attached hereto, for the purpose of constructing, installing, operating, maintaining, repairing, relocating and replacing one or more sanitary sewer lines over and across the real property described as Permanent Easement Area No . 3 . As used herein, the term "Permanent Easement Area No. 3" shall mean that ar ea described in Exhibit C. (d ) The Grantor understands and agrees that , subject to the terms and conditions set forth in this Agreement, the District may permit the Permanent Easement Areas to be used by the District's agents , contractors, and subcontractors solely for the purposes set forth herein. Notwithstanding anything to the contrary contained in this Agreement, any such agents , contractors, and subcontractors are not granted any property interest in any Permanent Easement Area and their right to use the Permanent Easement Areas will be deemed to be a revocable license only that may be terminated by the District at any time and , in all events , shall be terminated automatically by any termination of this Agreement. 2. Location of Sewer Lines. The Sewer Lines shall be located underground within the Permanent Easement Areas No. 2 and No. 3, as set forth in Exhibits Band C, together with any and all surface manholes or other surface appurtenances that are necessary for the operation of the Sewer Lines. 3. Lift Station. The Lift Station shall be located in the Northern portion of the parking lot of Centennial Park, and occupy the Permanent Easement Area No. 1, as set forth in Exhibit A, together with any and all surface appurtenances that are necessary for the operation of the Lift Station. 4 . Existing Improvements. Grantor and District recognize that over time , Grantor, or Grantor's predecessors , have installed landscaping and/or other improvements including , without limitation , trees, sod , shrubs , flo wers, and parking improvements within Permanent Easement Area No. 1, 2 and 3, as set forth in Exhibits A, B and C, which are herein sometimes collectively referred to as the "Permanent Easement Areas". After the installation of the Sewer Line and Lift Station, and any subsequent repair, alteration, inspection or other work performed on the Sewer Line or Lift Station pursuant to this Agreement, the District shall leave the Grantor 's Property , and the Permanent Easement Areas , 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 , as more particularly set forth herein. That portion of the Permanent Easement Areas damaged or disturbed as a result of the District's (and its agents , contractors , and/or subcontractors, as applicable) exercise of its rights under this Agreement shall , to the extent practical, be restored or repaired by the District to a condition that is the same that existed immediately before the Permanent Easement Areas or any portion thereof was disturbed or damaged, except as necessary to accommodate permanent structures such as the Lift Station and related fence. That portion of Permanent Easement Area No. 1 that is inside the fence constructed around the Sewage Lift Station shall not be subject to the restoration requirement set forth in this Agreement. It shall be noted that the footprint upon which the Lift Station and associated above-ground appurtenances sit are not subject to the restoration requirements due to the perpetual exi stence of these structures. 5. Notice of Work. Except in the case of emergencies, the District will , during the life of the Permanent Easements herein granted , provide the Grantor reasonable advance notice before the District commences any substantial material changes to the Sewer Lines and/or Lift 2 Station within the Permanent Easement Areas. In the event of an emergency, the District shall provide the Grantor notice of such activity as soon as it is reasonably practical. 6. Reservation of Rights. Grantor retains the right to the undisturbed use and occupancy of the Permanent Easement Areas in 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 Permanent Easement Areas, and in so far as such use and occupancy is not inconsistent with, and does not impair, any grant or covenant contained herein including, but not limited to, the District's right to construct additional sewer lines within the Permanent Easement Areas in the future. 7. Maintenance of Surface. Except for the fenced in portion of Permanent Easement Area No. 1, Grantor, at Grantor's expense shall solely be responsible for the maintenance of the surface of the Permanent Easement Areas, including any public street surfacing, curbs, gutters and permitted landscaping within the Permanent Easement Areas. 8. 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 terminated and shall revert back to the Grantor, 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 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. 9. District Maintenance Responsibilities. All Sewer Lines and Lift Station construction, operation, maintenance, repair and replacement and all Restoration Work shall be performed at the District's sole cost and expense; in a good workman-like manner; in accordance with all applicable legal requirements; and pursuant to a schedule reasonably acceptable to the Grantor. Subject to the foregoing, in maintaining the Sewer Line and Lift Station, the District agrees, to the extent reasonably practical, to utilize such construction techniques and procedures as are customary in the industry at the time, so as to avoid, to the extent reasonably practical and economical, the need to excavate upon, or otherwise damage, the surface of the Permanent Easements Areas. 10. Subiacent and Lateral Support. The District 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 District's rights herein granted. Grantor shall take no action which would impair the earth overburden or subjacent or lateral support of the Sewer Line; provided, however, that upon obtaining the specific written permission of the District, the earth overburden of the Sewer Line may be modified, but it is understood that normally will not be granted for a modification involving a cover ofless than 4.5 feet, nor greater than 15 feet, measured vertically from the top of the Sewer Line. Any modification of the earth overburden will be upon terms which provide for reimbursement of the District of the cost of any alteration or relocating of the Sewer Line made necessary by the earth overburden modification. 3 11. Right to Grant Other Easements. The District agrees that other public utilities , such as water, storm sewer, gas , electric and telephone lines may be installed within the Permanent Easement Areas as long as they do not interfere with the District 's right herein granted , and as long as any pipe, conduit, or electrical line crossing the Sewer Line at the discretion of the District, is metallic or concrete, or is encased in an acceptable material. Any such other public easement shall require the prior written approval of the Grantor prior to any construction or installation of water, storm water, gas, electric, telephone or other utility line crossing or running parallel with the Permanent Easements. Any piping or cable crossing the Sewer Line must be installed in accordance with the District's and Grantor 's engineering standards. Any and all utilities which parallel the Sewer Line will not be permitted within 10 feet of the District Sewer Line without prior written consent from the District. The intent here is to reserve, for the exclusive use of the District Sewer Line , at least 20 feet of the Permanent Easement Area width. Further, no other utilities may be located within 10 feet of the Lift Station or any underground infrastructure related thereto , including emergency overflow tanks . 12 . 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 pro vision shall control. 13. 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. 14. 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 . 15. Severability . The invalidity of any one provision of this Agreement will not affect the validity or binding effect of the remaining provisions . 16. 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. 17. 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 Section 24-10-101 , et se q , 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 by the District, or its emplo yees , agents and subcontractors pursuant to the terms of this Agreement. Such indemnification shall be for all spills , leaks , sanitary sewer overflows ("SSO's"), subsidence of the Permanent Easement Areas , pollution events and backups , or any other sewer 4 vent impacting private or public property, wherein the origin of the event is due to the District's Sewer Line or Lift Station which are the subject ofthis Agreement. 18. Insurance. The District 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 Grantor/City of Englewood as an additional insured. IN WITNESS WHEREOF, the parties have executed this Permanent Easement Agreement, on the following pages, as of the day and year first above written . ATTEST: STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) . GRANTOR: CITY OF ENGLEWOOD, a Colorado Municipal Corporation Name: UJr/4d/5~ Title: !!1¥21' ACKNOWLEDGEMENT The above and foregoing instrument was acknowledged before me this ~ day of _@~r~~,~--201~, by Uf\J fv 0/MYl.r -------+01-1-+-IP'''J'KJ=r ______ of the City of Englewood, Colorado. Witness my hand and official seal. as e pires: /'l)/1/lfa_ 5 ecretary DISTRICT: VALLEY SANITATION DISTRICT, a quasi- municipal corporation and political subdivision of the State of Colorado ~/ Name: 7 i;,d{s ~diJr~ ACKNOWLEDGEMENT STATE OF COLORADO COUNTY OF/~ ) ) ss. ) . The above and foregoing instrument was acknowledged before me this L)e~W 201 s, by /!Ji v I /4 s 6v,, /--v<- /;21A-dayof , Chairman of the Valley Sanitation District. Witness my hand and official seal. My Commission expires: tJ//u); q & ~ Notaryublic 6 as ALYSSA QUINN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20034023838 MY COMMISSION EXPIRES SEPTEMBER 20 , 2019 EXHIBIT "A" CON CRE TE FOUNDATIONS SUB. POINT OF NW COR l L BEGINNING LOT 3 J ~CE~T;NNI AL TR A~E ~E-:i:-L4 ------- r-----r LO T 5 I LOT 2 N20"2 6 '5 0 "E 175.1 3 ' ~~T-~ -NW'L Y LI N E OF LOT 3 c _ 1 ASIS OF BE A RING LOT 3 BLOCK 3 \ L2 \ PERMANENT EASEMENT AREA=6, 192 S.F.± OR 0.142 ACRES± \ OWNER : CI TY OF ENGLEWOO D \ \ \ G -- CENTENNIAL INDUSTRIAL PARK 7 I I VACATED W. \ TUFTS AVE. 100 • ui 0 -- LOT 1 ~ --BLOC K 1 NE1/4 SECTION 8 TSS, R68W, 6TH P.M . ~-----~ 50 : LOT 3 BL OCK 1 100 : LO T 4 B LOCK 1 1 inch = 100 ft. LOT 1 , BLOCK 2 ~--OWNER:--\ CITY OF ENGLEWOO-:--\ \ LOT 2 BLOCK 2 \ \ CENTENNIAL \ ___ IN_D_US_T~~ _P_A_RK ___ \ r------EA ST ROAD R .O.W. 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(S). 4.) THIS DOCUMENT SHALL BE CONSIDERED NULL AND VOID IF IT DOES NO T BEAR THE ORIGINAL SIGNATURE AND SEAL OF THE PROFESSIONAL LAND SURVEYOR OR IF ALTERED IN ANY WAY. \ \ 9025 E. Keft)CII kit., Sult 150, Dtffier, CO l!02.l7 Tet(lOl) 753-9799 Far.(JOJ) 75J-41M4 ORN . BY: M.C, CHKD . BY: C.P.J. DATE: .\. 30 ' 18, SCALE · 1• • 100' FILE: R12293 SHEET: 1 Of" 3 PERMANENT EASEMENT \ EXHIBIT "A" LINE TABLES 9025 E. ~ ""·· Suite 150, 0.-, CO 80237 Tel:(303} 753-9799 fa r:(303} ~3-40« LINE TABLE LINE# BEARING DISTANCE L1 N89"44'22"E 50.08' L2 S00"15'08"E 92.05' LJ N89"58'13"W 84.70' L4 N20"26'50"E 97.95' ORN . BY : M.C. f1LE : R12293 CHKO . BY: C.P .J. DATE : _t,y 301/l8 SCALE : 1" • 1 oo · SHEET: 2 OF' J PERMANENT EASEMENT 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 LOT 3, BLOCK 3, 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, ASSUMED TO BEAR N20'26'50"E A DISTANCE OF 175.13 FEET; BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3, BLOCK 3; THENCE N89'44'22"E A DISTANCE OF 50.08 FEET ALONG THE NORTH LINE OF SAID LOT 3, BLOCK 3; THENCE S00'15'08"E A DISTANCE OF 92.05 FEET; THENCE N89'58'13"W A DISTANCE OF 84.70 FEET TO SAID NORTHWESTERLY LINE OF LOT 3, BLOCK 3 ; THENCE N20'26 '50"E ALONG SAID NORTHWESTERLY LINE A DISTANCE OF 97.95 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTA IN S 6,192 SQUARE FEET OR 0.142 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. 9025 E. Ka.,.. ""·· s..t1 150, o-, co eom Ttl(JOJ) 75.l-9799 far :(.lOJ) 753-4044 12/04/18 . 31158 DATE ISION SURVEY & MAPPING, INC. ORN . BY: M.C. CHKO. BY: C.P .J. DATE: 1'11/30/18 SCALE · 1• • 100' FILE: R12293 SHEET: 3 OF' 3 PERMANENT EASEMENT EXHIBIT 1 "B" CONCRETE FOUNDATIONS SUB. NW COR . 0 > _J ,--... (D~ _J a: <~ 0:: w · 0 3: wq 1..1...~ cti 100 0 LOT 3 ~ ~E:JIAL T;A~ CEN::~ 6 : LOT ~ -/ N2O"26 '5O"E 175 .13'-r-----.-1 E .NW 'L Y LINE OF LOT 3 BASIS OF BEARING _l ___ r:;--::7 ENTENNIAL INDUSTRIAL PARK 1 I .,_: J LOT 1 I (/) ~-- BLOCK 1 ,--... 0:: 3: ::J . f-q < a:: U · wo NE1 / 4 SECTION 8 0~ T5S, R68W, 6TH P.M. cti --~ I---- I LOT 3 BLOCK 1 PERMANENT EASEMENT AREA=13,307 S.F.± OR 0.305 ACRES± r--------i 50 100 LOT 4 BLOCK 1 \ OWNER : CITY OF ENGL EWOOD \ \ \ VACATED w.\ TUFTS AVE. LOT 1 BLOCK 2 --OW-N;R~ --\ CITY OF ENGLEWOOD LOT 2 BLOCK 2 CENTENNIAL \ INDUSTRIAL PARK · \ i-------EAST ROAD R.O.W. ---4 \ \ \ 11111 -11111 I I 1 inch = 100 ft. \ 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS OF THE COUNTY ASSESSOR. 2.) ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACT ION 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(S). 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. \ \ 9025 E. Kenyon Ave ., Suite 150, Denver, CO 802J7 Tel :(JOJ) 75J-9799 rox:(JOJ) m -4044 ORN . BY : M.C. CHKD . BY : C.P .J. DATE : 11/30/18 SCALE· , • -1 oo · FILE: R12293 SHEET: 1 OF 3 PERMANEN T EASEME NT EXHIBIT "B" p1oless1onal lano survoy i ng consur1an1s 9025 E. Kenyon Av.., Suite 150, Oenv.r, CO 802J7 Tel:{303} 753-979 9 Fo x:(303) 753-4044 LINE TABLES LI NE TABLE LINE# BE A RI NG DISTANCE L1 N89'44'27"E 31 .76 ' L2 S12 '17'12"W 362.30' L3 S09'51 '08"W 177.34' L4 N00 '04'21 "E 176 .70' L5 N12 '15'17"E 314 .91' L6 S89'58'13"E 8 .81 ' L7 N00'15'08"W 44.15' ORN , BY : M.C . FILE : Rl 2293 CHKO . BY: C.P.J . DATE : 11/30/1 B SCALE : 1 • -1 oo · SHEET : 2 OF 3 PERMANENT EASEMENT LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINC IPAL MER IDIAN , COUNTY OF ARAPAHOE , STATE OF COLORADO, ALSO BE ING A PORTION OF LOTS 1 THROUGH 2, BLOCK 2, AND LOT 3 , BLOCK 3, TOGETHER WITH A PORTION OF VACATED W. TUFTS AVE, 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 SAID LOT 3, BLOCK 3, ASSUMED TO BEAR N20·25 '5o"E A DISTANCE OF 175.13 FEET ; BEG INNING AT A POINT WHICH BEARS s45·31 '51 "E A DISTANCE OF 69.30 FEET FROM SAID NORTHWEST CORNER OF LOT 3, BLOCK 3 ; THENCE N89.44'27"E A DISTANCE OF 31. 76 FEET; THENCE S12·1 r12"w A DISTANCE OF 362.30 FEET ; THENCE S09'51'08"W A DISTANCE OF 177.34 FEET TO THE EAST ROAD RIGHT-OF-WAY OF SOUTH DECATUR STREET; THENCE N00'04'21"E ALONG SAID EAST ROAD RIGHT-OF-WAY ,A DISTANCE OF 176 .70 FEET; THENCE N12'15'17"E A DISTANCE OF 314.91 FEET ; THENCE S89'58'13"E A DISTANCE OF 8.81 FEET; THENCE N00'15'08"W A DISTANCE OF 44.15 FEET TO THE POINT Of=" BEGINNING; WHENCE SAID SOUTHWEST CORNER OF LOT 3 WHICH BEARS S43"45'21"W A DISTANCE OF 161 .18 FEET; SAID PARCEL CONTA INS 13 ,307 SQUARE FEET OR 0 .305 ACRES, MORE OR LESS. I, THE UNDERSIGNED , A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT TH IS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. \.. .~~~-----J.U.~Ll~- . 31158 DATE rll'",~~ISION SURVEY & MAPPING, INC. Precision Survey & Mapping, Inc. p rotess1ona l lane surveying consuI1anIs 9025 E. Kenyon Ave., Sute 150, Denver, CO 802J7 Tel:(JOJ) 75J-9799 fax :(J03) 753-4044 ORN . BY : M.C. FILE : R12293 CHKD . BY: C.P .J . DATE : 11/30/18 SHEET: 3 OF 3 SCALE : 1" • lOO' PERMANENT EASEMENT EXHIBIT "c" NE1/4 SEC . 8 T5S, R68W, 6TH P.M. I I / / / / / G / 'v'v ~-G-l.. ~~ CJ~ / / O~v v<x; PERMANENT EASEMENT ~~v AREA=1,355 S.F.± 0-0 OR 0.031 ACRES± G~ // / / / N'L Y MOST COR. / CONCR ETE FOUNDATION SUBDIVSION / /// / POINT OF BEGINNING / e:,-<--· / / -l., ~i:;\ / N71.58'48"W 65.22' (;'v'?-~'?-q:. / NE'L Y LIN E OF CO NCRETE ~-/ FOUNDATION SUB C:,· O · BASIS OF BEARING ~- /\ / / \ CONCRETE FOUNDATIONS SUBDIVISION \ I I I I LINE# L1 L2 L3 L4 LINE TABLE BEARING DISTANCE N71 ·ss· 48"W 30.06' N 14 '25' 23"E 21 .29' N47'36'56"E 54.80' s14·2s•23"w 69 .04' r--.--t---N71 ·55 ' 48"W \ \ \ 21.88'(TIE) NE COR. CONCRETE FOUNDATION SU BDI VSION OWNER: KENT-LAND LIM ITED 50 0 25 • -• : 1 inch = 50 ft. 50 : 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 CERTIF ICATION SHOWN HEREON . 3.) THE ONLY PURPOSE OF THIS EXHIBIT IS TO SHOW THE LOCATION OF THE EASEMENT(S). 4.) THIS DOCUMENT SHALL BE CONSIDERED NULL AND VO ID IF IT DOES NO T BEAR THE ORIGINAL SIGNATURE AND SEAL OF THE PROFESSIONAL LAND SURVEYOR OR IF ALTERED IN ANY WAY . 9025 E. Kenyon Ave ., Suite 150, Denver, CO 80237 Tel:(303} 753-9799 ro x:(303) 753 -4044 DRN . BY : M.C. CHKD . BY: C.P.J . DATE : 11/30/18 SCALE · 1 • = 50' FILE : R12293 SHEET: 1 OF 2 PERMANENT EASEMENT 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 ARAPAHOE COUNTY ASSESSOR'S PARCEL NUMBER 2077-08-1-00-052; SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE NORTHEASTERLY LINE OF CONCRETE FOUNDATIONS SUBDIVISION, ASSUMED TO BEAR N71'58'48"W A DISTANCE OF 65.22 FEET; BEGINNING AT A POINT ON SAID NORTHEASTERLY LINE OF CONCRETE FOUNDATIONS SUBDIVISION, SAID POINT BEARS N71'58'48"W A DISTANCE OF 21 .88' FEET FROM THE NORTHEAST CORNER OF SAID CONCRETE FOUNDATIONS SUBDIVISION; THENCE N71'58'48"W A DISTANCE OF 30 .06 FEET; THENCE N14'25'23"E A DISTANCE OF 21.29 FEET TO THE SOUTHEASTERLY ROAD RIGHT-OF-WAY OF SOUTH CLAY STREET; THENCE N47'36'56"E ALONG SAID ROAD RIGHT-OF-WAY, A DISTANCE OF 54.80 FEET; THENCE S14'25'23"W A DISTANCE OF 69.04 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 1,355 SQUARE FEET OR 0.031 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. 12/11 /18 .L.S. 31158 DATE RECISION SURVEY & MAPPING, INC. Precision Survey fr Mapping, Inc. pro!ess1onal lanel surveying consullanls 9025 E. Kenyon Ave ., Suite 150, Denver, CO 80237 Tel:(JOJ) 753-9799 Fox:(JOJ) 753-4044 ORN . BY : M.C. FILE: R12293 CHKO . BY: C.P.J . DATE : 11 /30/18 SHEET : 2 OF 2 SCALE: 1" • SO' PERMANENT EASEMENT