HomeMy WebLinkAbout2017 Ordinance No. 002•
ORDINANCE NO. 'J_;
SERIES OF 2016/2017
BY AUTHORITY
COUNCIL BILL NO. 52
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AUTHORIZING A CORRECTION SEWER EASEMENT WHICH WILL
VACA TE AN EXISTING SEWER EASEMENT FOR THE CONSTRUCTION OF RITE AID
PHARMACY LOCATED AT 707 EAST JEFFERSON AVENUE, ENGLEWOOD,
COLORADO.
WHEREAS, K.RF 965 LLC PURCHASED THE FORMER Baily's property located at
Highway 285 and South Clarkson Street to construct a Rite-Aid Phannacy at the location; and
WHEREAS, a Sewer Easement was granted and recorded with the Arapahoe County Clerk
and Recorder on April 27, 2016; and
WHEREAS, in reconfiguring the property for the most advantageous use of the site it was
discovered that the 20 foot Sewer Easement that was granted must be shifted 1.2 foot to the
South to prevent the Sewer Easement from being in the building's foundation; and
WHEREAS, KRF 965 LLC requested that the former Sewer Easement be vacated and
replaced with a Correction Sewer Easement which will shift the Rite Aid Sewer Easement 1.2
foot to the South and not be in the building's foundation; and
WHEREAS, the vacation of the former Sewer Easement and the construction of the corrected
Sewer Easement will be at the sole expense and liability of the Licensee, KRF 965 LLC; and
WHEREAS, the Englewood Water and Sewer Board recommended the vacation of the former
Sewer Easement and approval of the Correction Sewer Easement in order for KRF 965 LLC. to
shift the Rite Aid Sewer Easement 1.2 foot to the South and be in the building's foundation, at their
November 8, 2016, meeting.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood Colorado hereby authorizes the
"Correction Sewer Easement", attached hereto as Attachment 1, and the vacation of the previously
granted Sewer Easement for KRF 965 LLC. to construct a Rite Aid Pharmacy located at 707 East
Jefferson Avenue, Englewood, Colorado.
Section 2. The Mayor and City Clerk are authorized to execute and attest said Correction
Sewer Easement for and on behalf of the City of Englewood.
l
Introduced, read in full, and passed on first reading on the 19th day of December, 2016.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 22nd day of
December, 2016.
Published as a Bill for an Ordinance on the City's official website beginning on the 21 s1 day of
December, 2016 for thirty (30) days.
Read by title and passed on final reading on the 3ni day of January 2017.
Published by title in the City's official newspaper as Ordinance No. b Series of 201612017,
on the 511' day of January, 201 7.
Published by title on the City's official website beginning on the 4 day of January,
2017 for thirty (30) days.
ayor
ATTEST:
I, Stephanie Carlile, Acting 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 . ..J.;, Series of 2016/2017.
2
•
•
•
•
CORRECTION SEWER EASEMENT
THIS CORRECTION SEWER EASEMENT is made on JJAJilAU. .J _.~.• 201 t will vacate the
previous Sewer Easement recorded in Arapahoe Counly Clerk and Recijd'er on April 27, 2016, Reception
# 06043314, Book 483, Pages 38 and 39, and establish o new 20' wide sewer Easement, between the CITY
OF ENGLEWOOD, COLORADO, a municipal corporation of the Slate of Colorado herein after referred to
as Granlor whose Dddrcss is 1000 Englewood Parkway, Englewood, Colorado 80110 and KRF 965, LLC, 11
corporation oflhc State of Colorado, herein referred to as Grantee, whose address is 1509 York Street
#20 I, Denver, CO 80206.
WHEREAS, KRf 965 LLC purchased the fonner Bally's property located at 285 and Clarkson Street to
build a Rite-Aid store nnd arc reconfiguring the propeny for the most advnntDgcous use ~fthe site; nnd
WHEREAS, n Sewer Easement was granted and recorded with the Arapahoe County Clerk and Recorder
by the City of Englewood; however it was later discovered that the 20' casement must be shifted 1.2' to the
South to prevent it from being in the Rite Aid building's foundalion; and
WHEREAS, KRF 965, LLC is requesting lhal the fonner Sewer Easement be vacated and replaced wllh
Ibis Correction Sewer Easement.
The Parties covenant and agree ns follows:
I.
2.
3.
4.
Easement Propertv. The "EDSCmcnl PropcnyN shall mean the rcul property located in the City
of Englewood, County of Arapahoe, State of Colorado, more portlcularly described in
attached hcrelo nnd incorporated herein ns Exhibit "A" -"Sewer Easement which consists or
2 Pages.
Said parcel conu1ins 2,498 square feet, or 0.0573 Acres more or less.
Also known by the street address of:
707 Eosl Jefferson Avenue
Englewood, CO 80 l 13
Consideration. As consideration for this Gmnt, Grantee shall pay to Grnntor the sum of Ten
Dollars (SI0.00) nnd other good and valuable consideration pnld by Grantee, receipt of\\hlch
is hereby acknowledged by Grantor.
Grant of Easement. Grantor hereby grants to Cit)', its successors and assigns, n perpetual
casement over, under, across and through the Easement Property for the purpose of
constructing, operating, maintaining, repairing, replacing, removing and enlarging those
structures or improvements of City that City finds necessary or desirable for a sewer line
Including relnlcd equipment.
Access. City shnll have the perpetual, nonexclusive right to ingress and egress in, to, over,
through and across the Easement Propcn:>-for nny purpose necessaf)' or desirable for the full
enjoyment or 1he rights granted 10 City under this Grant.
A
T
T
A
C
H
M
E
N
T
1
. Restoration. Grantee City agrees that after the construction, maintenance, repair, replacement,
or enlargement of any of the lines and appurtenances, Grantee shall restore the surface of the
Easement Property as nearly as reasonably possible to the grade and condition it was in
immediately prior to said construction, maintenance, repair, replacement, or enlargement,
except as may be necessary to accommodate the lines and appurtenances.
6. No improvements. Grantor covenants and agrees not to construct, erect, place or plan any
"improvements," as hereinafter defined, on the Easement Property without obtaining the prior
written consent of Grantee. "Improvements" shall mean any structure or building. Grantee
shall have the right to remove, without any liability to Grantor, any improvements constructed,
erected, placed or planted on the Easement Property without Grantee's having obtained the
prior written consent of Grantor.
7. Rights ofGrantor. Grantor reserves the full right to the undisturbed ownership, use and
occupancy of the Easement Property insofar as said ownership, use, and occupancy is
consistent with and does not impair the rights granted to Grantee in this Grant
8. Warranty of Title. Grantor warrants and represents that Grantor that it is the fee simple owner
of the Easement Property and that Grantor has full right, title and authority, and that this Grant
is effective to grant and convey to Grantee the easements for waterlines and fire hydrants.
Grantor further covenants and agrees to indemnify, defend and hold Grantee harmless from
and against any adverse claim to the title of the Easement Property by all and every person or
persons lawfully claiming or to claim the whole or any part thereof.
9. Binding Effect. This Grant shall extend to and be binding upon the heirs, personal
representatives, successors and assignees of the respective parties hereto. The tenns,
covenants, agreements and conditions in this Grant shall be construed as covenants running
with the land.
IN WITNESS WHEREOF, the parties hereto have executed this Corrected Sewer Easement the
day and year first above written.
•
•
TATE OF COLORADO )
) 55,
COUNTVOF ~1).~~)
GRANTEE:
KRF96S. LLC
J
KATHERINE L BETTIS
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID I 20114022330
MY COMMISSION EXPIRES JUNE 10. 2020 ·
, .,,-D -
The roregoing instrument was acknowledged before me this __ day of • e ,:..,.--t,-.. b,-v7 • 2016 by
Jimmy Bnlafas as Chief Execulive Officer of KRF 965, LLC.
My Commission expires: ~1r1, .,_ \\J , 7-V 7-< t)
EXHIBIT "A"
SEWER EASEMENT
LEGAL OESCRIPTION fOR SEWER EASEMENI;
A PARCEL OF LAND LOCATED IN THE NORTHEAST¼ OF SECTION 3, TOWNSHIP 5
SOUTH, RANGE 68 WEST OF THE 6TH P.M., BEING A PORTION OF LOT 2, BLOCK 1,
JEFFCLARK SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT THAT IS 81 .45 FEET NORTH OF THE SOUTHWEST CORNER OF
SAID LOT 2 WHENCE THE NORTHEAST CORNER OF' SAID SECTION 3 BEARS N27'21'44"E,
646 . .39 FEET; THENCE S89"45'53"E, 124.87 FEET TO THE WEST LINE OF THE VACATED
ALLEY AS DESCRIBED IN BOOK 1753 AT PAGE 486 OF THE ARAPAHOE COUNTY
RECORDS; THENCE S00'12'1l''W ALONG SAID WEST LINE OF VACATED ALLEY, 20.00
FEET; THENCE DEPARTING FROM SAID WEST LINE OF VACAlED ALLEY N89'45'53"W,
124.88 FEET TO A POINT ON THE WEST LINE OF SAID LOT 2 SAID POINT ALSO BEING
ON THE EAST RIGHT-OF-WAY LINE OF SOUTH WASHINGTON STREET; THENCE
N00'14'07"E ALONG SAID WEST LINE OF SAID LOT 2, 20.00 FEET TO THE POINT OF
BEGINNING.
THE ABOVE DESCRIBED PARCEL CONTAINS 2,498 SQUARE. FEET OR 0 .0573 ACRES
MORE OR LESS.
BASIS OF BEARINGS: AN ASSUMED BEARING OF S00'13'03"W BEING THE EAST LINE OF
THE NORTHEAST ~ NORTHEAST ¼ OF SECTION 3. TOWNSHIP 5 SOUTH, RANGE 68 WEST
OF THE 6TH P.M. BETWEEN TWO FOUND MONUMENTS; ONE BEING A 1.5" DIAMETER
STEEL AXLE AT THE NORTHEAST CORNER OF SAID SECTION ANO THE OTHER BEING A
2" DIAMETER ALUMINUMCAP STAMPED LS #27011 IN A RANGE BOX AT THE SOUTHEAST
CORNER OF THE NORTHEAST K NORTHEAST Y+
DAMIEN CAIN PLS .38284
FOR AND ON BEHALF OF
39 NORTH ENGINEERING AND SURVEYING LLC
4495 HALE PARKWAY
SUITE 305
DENVER, CO 80220
PREPARED BY: .
39 NORTH ENGINEERING AND SURVEYING LLC
4495 HALE PARKWAY
SUITE 305
DENVER, CO 80220
PH: 303-325-5071
EMAIL: damien.coin@39north.net
SHEET 1 OF 2
•
•
I
EXHIBIT "A"
SEWER EASEMENT
POINT OF'
BEGINNING
WEST LINE OF'
NORTHEAST CORNER
SEC. 3, T5S, R6BW
FOUND 1.5" AXLE
IN RANGE BOX
LOT 2, BLOCI< 1
JEFFCLARI< SUBDIVISION
I JEFFCLARK SUB. VACATED ALLEY LOT 2, BLOCK 1 H
I
.
61 45, SWR. & UTIL. ESMT.
· Bl< 1753 PG 486
SW CORNER .
WEST LINE
OF VACATED
ALLEY
OF LOT 2, BLOCK 1 v\
JEffCLARK SUB. l ;
_· -__ _l/
0
EAST JEFFERSON AVENUE
(HAMPDEN AVENUE BYPASS)
30 60 ... _____ _
SCALE: 1 "=JO'
SHEET 2 OF' 2
COUNCIL COMMUNICATION
Meeting Date: Agenda Item: Subject:
January 3, 2017 9bii Rite -Aid -707 E. Jefferson
Ave., Amended -Vacation of
Existing Sewer Easement and
Grant of Sewer Easement
Initiated By: Staff Source:
Utilities Department Tom Brennan, Director of Utilities
PREVIOUS COUNCIL ACTION
Council approval of the original Vacation of Sewer Easement, Grant of Sewer Easement
Agreement and Grant of Temporary Construction Easement to KRF-965 LLC.
RECOMMENDED ACTION
The Utilities staff recommends Council approval of the Correction of the Sewer Easement for
the Rite-Aid building.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
KRF 965 LLC purchased the former Bally's property located at 285 and Clarkson St. They are
proposing to build a Rite-Aid store and reconfiguring the property for the most advantageous
use of the site. KRF 965 submitted a request to exchange the existing 20' wide Sewer Easement
and will be establishing a new 20' wide Sewer Easement.
The Englewood Water Board, at their November 8, 2016 meeting, approved the Correction of
the Sewer Easement Agreement to KRF 965 LLC. Council approved the original Vacation of
Easement, Grant of Easement and Grant of Temporary Construction License at their March 14,
2016 meeting. It was later d iscovered that the 20' easement must be shifted 1.2' to the south
to prevent it from being in the building's foundation.
FINANCIAL IMPACT
Correction of the existing sewer easement will be done at the sole expense and liability of the
licensee, KRF 965 LLC.
LIST OF ATTACHMENTS
Bill for Ordinance
Correction Sewer Easement
~
ENGLEWOOD WATER & SEWER BOARD
Regular Meeting
November 8, 2016
1. CALL TO ORDER
The regular meeting of the Englewood Water and Sewer Board was called to order at 5:00 p.m.
on Tuesday, November 8, 2016 at 1000 Englewood Parkway, Englewood, CO 80110 by
Chairman Clyde Wiggins.
e
Z. ROLL CALL
Members present:
Members absent:
Also present:
3. MINUTES
Burns, Jefferson, Wiggins, Oakley, Roth, Habenicht, Gillit, Yates, Moore
None
Tom Brennan, Director of Utilities
The Board received a copy of the July 12, 2016 Water Board Minutes.
Motion: To approve the July 12, 2016 Water and Sewer Board Minutes.
Moved: Burns Seconded: Roth
Ayes:
Motion carried .
e
4 . PUBLIC FORUM
None.
~
5. NEW BUSINESS
a, 2100 W. LITTLETON BLVD. -CITY DITCH -PUBLIC SE~VICE ELECTRICAL CONDUIT
Public Service Company has requested a Grant of Temporary Construction Easement and a City
Ditch Crossing License Agreement to install a burled electrical line encased In a conduit for The
Grove at Littleton. It is located on the southeast corner of W. Littleton Blvd. and S. Bemis St.
Englewood's City Ditch right-of-way runs through a portion of the property, requiring license
agreements for crossing the City Ditch with a burled electrical line. The electrical conduit will be
buried 30" deep and run to a transformer located next to the building.
Motion:
Moved:
To recommend Council approval of the City Ditch Grant of Temporary
Construction Easement and a City Ditch Crossing Agreement for the Public
Service Company of Colorado for an electrical conduit at 2100 W. Littleton Blvd .
Habenicht Seconded: Gillit
Ayes: All
Motion carried.
0
b. RITE-AID VACATION OF EXISTING SEWER EASEMENT AND GRANT OF SEWER
EASEMENT.
KRF965 LLC purchased the former Bally's property located at 285 and Clarkson St. A Rite-Aid
store is being built and the existing 20' wide sewer easement was reconfigured for the most
advantageous use of the site. Council approved the original Exchange of ROW, Grant of ROW
and Grant of Temporary Construction License at their March 14, 2016 meeting. It was later
discovered that the 20' easement must be shifted 1.2' to the south to prevent it from being in
the building's foundation. Documents will be forthcoming and will be forwarded to Council,
once finallzed and approved by the City Attorney's office.
Motion:
Moved:
Ayes:
Motion carried.
To recommend Council approval of the Vacation of Sewer Easement, Grant of
Sewer Easement Agreement and Grant of Temporary Construction Easement to
KRF-965 LLC for the Rite-Aid store located at 285 and S. Clarkson St.
Gillit Seconded: Burns
All
•
Gl
c. ALLEN PLANT ALULM RESIDUALS RISK ASSESSMENT
City Council requested a study be performed to access the potential risk of harm to plant
workers and adjacent neighbors from exposure to Technologically Enhanced Naturally Occurring
Radioactive Materials (TENORM) In the water treatment residuals generated at the plant, and to
evaluate the Allen Water Treatment Plant's residuals management practices, from generation
through processing, storage and disposal.
Integral's proposal brings together a team of scientist and engineers from three companies,
Integral Consulting Inc., Dewberry Engineers Inc., and Two Lines Inc. to perform a health risk
assessment, an evaluation of radionuclide health effects and an evaluation of the current
treatment process and alternative treatment processes. Integral Consulting's proposal for its
services is $111,675.00.
Wayne Oakley commented that he supports the study and likes that the processes are being
addressed. Don Roth believes that Integral Consulting will be a good team and he was
impressed with the Allen Water Filter Plant informational video. Steve Yates discussed how the
video can be used for recruiting.
Motion:
Moved:
Recommend Council approval of the proposal from Integral Consulting, Inc. for
RFP-16-020, Risk Assessment for Allen Water Filter Treatment Plant Water
Treatment Residuals and Technologically Enhanced Naturally Occurring
Radioactive Materials (TENORMs) Management In the amount of $111,675.00.
Burns Seconded: Roth
Ayes: All
Motion carried.
~
6. STAFF'S CHOICE
a. MEMO DATED OCTOBER 31, 2016 FROM COLORADO WATER TRUST.
The Board received a memo thanking Englewood far their participation in the Colorado Water
Trust's Flowing Waters Partnership.
7. ADJOURNMENT.
The meeting adjourned at 5:23 p.m.
The next Water and Sewer Board meeting will be Tuesday, January 10, 2016 at 5:00 p.m. In the
Community Development Conference Room.
Sincerely,
Cathy Burrage
Recording Secretary
Englewood Water and Sewer Board
•
•
'
WATER AND SEWER BOARD
PHONE VOTE
November 10, 2016
A phone vote was conducted for the members of the Englewood W~ter and Sewer
Board for the November 8, 2016 Water Board meeting.
1.
1
MINUTES OF THE MAY, 2016 WATER & SEWER BOARD MEETING.
Motiop:
Moved:
Ayes:
Members not reached:
Nays:
I
Motion carried.
To approve the May 8, 2016 Water and Sewer
Board Minutes.
Habenicht Seconded: Roth
Moore, Habenicht, Oakley, Gillit, Jefferson,
Wiggins, Roth
Yates
None
The next meeting will be held January 10, 2016 at 5:00 p .m. in the Community
Development Conference Room.
Respectfully submitted,
Cathy Burrage
Recording Secretary
Englewood Water & Sewer Board