HomeMy WebLinkAbout2017 Ordinance No. 004•
ORDINANCE NO. 4
SERIES OF 2017
BY AUTHORITY
COUNCIL Bill NO. 2
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE ACCEPTING A "WATER SERVICE LINE EASEMENr FROM
BROADWAY LOFTS, LLLP. TO PROVIDE WATER TO THE CITY OWNED PASEO
LOCATED AT 3449 SOUTH BROADWAY.
WHEREAS, in 2009 the City of Englewood reconstructed the City of Englewood
owned property at 3449 South Broadway (the Paseo) to create public space; and
WHEREAS, the Paseo was constructed with an irrigation system sharing water from
the same tap and water service line with the green space to the west fed from South
Acoma Street; and
WHEREAS, in July 2016 the City of Englewood Urban Renewal Authority sold the
Acoma street property to Broadway lofts, LLLP. for development which included the
green space previously maintained by the Parks Department, as well as the associated
tap and water service to the Paseo's irrigation system; and
WHEREAS, Broadway Lofts, LLLP. wishes to grant an Water Service Line Easement
through their property to the City, and to install a new tap and water service line for the
Paseo within that easement; and
WHEREAS, the Englewood Water and Sewer Board reviewed and recommended
City Council approve an exception to the Englewood Municipal Code to allow the
proposed Grant of Water Service Line Easement to cross Broadway lofts, LLLP.
property in order to provide water for the Paseo irrigation system at their January 10,
2017 meeting.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The MG rant of Water Service Line Easement" from Broadway Lofts, LLLP. to
the City of Englewood, attached hereto as Exhibit 1, is hereby accepted and approved by
the Englewood City Council.
Section 2 . The Mayor is authorized to execute and the Acting City Clerk attest the
MGrant of Water Service Line Easement "for and on behalf of the City of Englewood,
Colorado.
Introduced, read in full, and passed on first reading on the 6th day of February, 2017 .
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 9th
day of February, 2017.
Published as a Bill for an Ordinance on the City's official website beginning on the 8th
day of February, 2017 for thirty (30) days.
Introduced, read in full, and passed on final reading on the 21st day of February,
2017.
Published by Title in the City's official newspaper as Ordinance No. 4, Series of 2017,
on the 23rd day of February, 2017.
Published by Title on the City's official website beginning on the 22nd day of February,
2017 for thirty (30) days.
ATTEST:
, ting City Clerk
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 fin eading and
published by title as Ordinance No. 4, Series of 2017.
rlile
2
GRANT OF WATER SERVICE LINE EASEMENT
THIS GRANT of a Water Service Line Easement ("this Grant") is made this __ day of
________ ,, 2017 by the BROADWAY LOFTS, LLLP, ("Granter"), whose address
is 2140 South Delaware Street -Suite 104, Denver, CO 80223, to the CITY OF ENGLEWOOD,
COLORADO ("Grantee" or "City"), whose address is 1000 Englewood Parkway, Englewood,
Colorado 80110.
The Parties covenant and agree as follows:
2.
3.
4.
Easement Progeny. The "Easement Property" shall mean the real property located in
the City of Englewood, County of Arapahoe, State of Colorado, more particularly
described in Exhibit A, attached hereto consisting of 2 pages.
Consideration. As consideration for this Grant, Grantee shall pay to Grantor the sum
of Ten Dollars ($10.00) and other good and valuable consideration paid by Grantee,
receipt of which is hereby acknowledged by Granter.
Grant of Water Service Line Easement. Grantor hereby grants to City, its successors
and assigns, a perpetual easement (the Easement) 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 Grantee that
Grantee finds necessary or desirable for a water service line including related
equipment and appurtenances.
Access. Grantee shall have the perpetual, nonexclusive right to ingress and egress
in, to, over, through and across the Easement for any purpose necessary or desirable
for the full enjoyment of the rights granted to Grantee under this Grant.
5. Restoration. Grantee agrees that after the construction, maintenance, repair,
replacement, or enlargement of any of the water service lines and appurtenances,
Grantee shall restore the surface of the Easement 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 water service lines and appurtenances.
6. No improvements. Granter covenants and agrees not to construct, erect, place or
plan any "improvements," as hereinafter defined, on the Easement without obtaining
the prior written consent of Grantee. "Improvements" shall mean any structure, or
building, other than landscaping, grass, concrete, or asphalt paving and fencing.
Grantee shall have the right to remove, without any liability to Granter, any
improvements constructed, erected, placed or planted on the Easement without
Grantee's having obtained the prior written consent of Gran tor.
7. Subjacent and Lateral Support. Granter covenants and agrees that Grantee shall
have the right of subjacent and lateral support on the Easement to the extent
necessary for the full rights granted to Grantee under this Grant.
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8. Rights of Grantor. Grantor reserves the full right to the undisturbed ownership, use
and occupancy of the Easement insofar as said ownership, use, and occupancy is
consistent with and does not impair the rights granted to Grantee in this Grant.
9. Abandonment. In the event that Grantee shall abandon the rights granted to it under
this Grant, all rights, title and interest hereunder of Grantee shall cease and
terminate, and Grantor shall hold Easement property, free from the rights of Grantee
so abandoned and shall own all materials and structures of Grantee so abandoned,
provided that Grantee shall have a reasonable period of time after said abandonment
in which to remove any or all Water Service Lines and appurtenances from the
Easement. In the event that Easement is abandoned by Grantee, Grantor shall have
the right, at its sole option, to require Grantee to remove or neutralize any
improvements constructed in the Easement by Grantee.
10 . Warranty ofTjtle. Grantor warrants and represents that Grantor is the fee simple
owner of the Easement property; that Grantor has full right, title and authority to
make this grant and that this Grant is effective to grant and convey to Grantee the
easement. Grantor further covenants and agrees to indemnify, defend and hold
Grantee hannless 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.
11. Binding Effect. This Grant shall extend to and be binding upon the heirs, personal
representatives, successors and assignees of the respective parties hereto. The terms,
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 Grant Of Water
Service Line Easement the day and year first above written.
STATE OF
COUNTY OF
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GRANTOR:
The foregoing instrument was~nowleclged before me this 6:ay of 0 .,\ ~ "',;4'1..,:::C , 2017, by _,)~ tf 1~<:.f .:;,-t, C as A..i1'k"Zzi::1) rt.t,-P , , of
Broadway Lofts, LLLP.
My Commission expires :
,.
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2
JuUe A Balley
Nota,y Public
State of Colorado
Notary ID: 20144008811
My Commission Expires Febnlary 24, 2018
RANTEE :
CITY OF ENGLEWOOD, COLORADO
ATTEST:
ing City Clerk
•
3
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EXHIBIT A
A PARCEL OF' LAND BEING A PORTION OF' LOT 1, BROADWAY AND ACOMA LOF'TS SUBDIVISION AS
FILED IN THE ARAPAHOE COUNTY CL£RK AND RECORDER'S OF'FlCE AT RECEPTION NO. 06083126:
SllUATED IN THE SOUTHWEST QUARTER OF SECTION 34, TOYtWSHIP 4 SOUTH, RANGE 68 WEST OF
THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNlY OF ARAPAHOE, STATE OF COLORADO
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF' SAID LOT 1; 11-IENCE S00'08'12"W, ALONG THE WEST
LINE OF' SAID LOT 1, A DISTANCE OF 242.99 F'EET TO THE POINT OF BEGINNING; THENCE
S89"15'42.E A DISTANCE OF' 78.02 FEET; THENCE S44"14'51•E A DISTANCE OF' 29.73 FEET; THENCE
S00'02'J9"E A DISTANCE OF 26.87 FEET; THENCE S43"48'02•E A DISTANCE OF 17.15 FEET; THENCE
N90'00'00"E A DISTANCE OF 14.21 FEET TO A POINT ON THE EAST BOUNDARY OF' SAID LOT 1:
THENCE SOO'OB112"W, ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 10.00 FEET; THENCE
S90'00'oo·w A DISTANCE OF 18.45 F'EET; THENCE N43"48'02"W A DISTANCE OF 25.43 FEET; THENCE
N00'02'39"W A DISTANCE OF 26.83 FEET; THENCE N44'14'5t"W A DISTANCE OF 21.52 FEET: THENCE
N89"15'42"W A DISTANCE OF 73.77 FEET TO A POINT ON THE WEST BOUNDARY OF SAID LOT 1;
lHENCE NOO'OB'12"E, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 10.00 FEET TO lHE
POINT OF BEGINNING;
SAID PARCEL CONTAINS 1,660 SQUARE FEET, 0,038 ACRES, MORE OR LESS.
THIS LEGAL DESCRIPTION WAS PREPARED BY:
DON LAMBERT, PLS 30830
FOR AND ON BEHALF OF Esl land suMylng, lie
SHEET 1 OF 2
Esi land
surveying, lie
3531 S. Logan St. D-324
Englewood, CO 80113
Ph: 303-340-0113
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10.00
3 = N ... co
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POINT OF
COMMENCEMENT
NW CCR. LOT 1
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POINT OF
BEGINNING
LOT 1
EXHIBIT A
LOT 1
sso·oo'oo"w
18.45
.B.FlrlJ.\OJJ\JJ.\ YI J.\J\J.O J.tCOJ'l]J.\
!JlP'"f S SU.Brll'l]SJON
REC. NO. 06083126
P:\ESI PROJECTS\BROADWAY LOFTS\DWG\ESI WATER LINE EXHIBIT BROADWAY LOFTS 121616.DWG 12/16/2016 4:l7 PM
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Scale: 1" • 30'
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S43" 48'02"E
17.15
Nso·oo'oo"E
14.21
SHEET 2 OF' 2
Esi land
surveying, lie
3531 S. Logan St. D-324
Englewood, CO 80113
Ph : 303-340-0113
DAlE 12/18/18 PRC>.l:CT NO. 15-144
TO:
FROM:
Stephanie Carlile
Nancy Fritz
DA TE: February 22, 2017
REGARDING: C.B. 2 -Broadway Lofts, LLLP. -Water Service Line Easement granted
to the City.
Stephanie,
One ( l) original attached for the Mayor's signature and your attest. ✓
Upon completion send the signed Ordinance with Exhibit l signed attached to Brook Bell -CD ~
#2352.
This Ordinance will need to be recorded with Arapahoe County Clerk & Recorder. Once
recorded Brook will bring you the original recorded Ordinance for the City records.
Brook, °{O -srmt&U.
After Stephanie has obtained the Mayor's signature she will give you a completed signed J ~1.3fl77
Ordinance with Exhibit t attached [ the original Water Service Line Easement] to you -this
Ordinance with Exhibit I attached, needs to be recorded with Arapahoe County Clerk &
Recorder.
Once it is recorded with Arapahoe County the original Recorded Ordinance with the Water
Service Line Easement (Exhibit l) you will need to give the Original Recorded Ordinance to the
City Clerk for the City's records.
You need to make 3 copies of the Recorded Ordinance with Exhibit l attached:
maintain two copies of the recorded Ordinance:
I for your records AND
2nd send to Broadway Lofts, LLLP for their records.
The City Attorney will also need a copy of the recorded Ordinance for their file.
Thank you,
Nancy Fritz
Attachment
CC: Brook Bell
MEMORANDUM
TO:
FROM:
Stephanie Carlile, Acting City Clerk
Nancy Fritz
DATE: February 2, 2017
Attached you will find the Original Grant of Water Line Easement from Broadway Lofts, LLLP
to the City -which pertains to C.B. 2:
-going on 1st reading February 6
-going on 2 nd reading February 2 I.
You do not have to do anvthing until after 2 nd reading on February 22 -Tuesday following
the February 21 Council Meeting. Normally I would bring down the Original Grant of Water
Line Easement with the Permanent Record copy of the Ordinance for the Mayor and your
signature -however, because I will not be here on the 22nd I am giving it to you now to hold
until the 22nd when C.B. 2 is approved on 2nd reading.
On February 22 -after 2 nd reading on the 21 st· assuming it passes -you will need to have the
Mayor sign and your Attest this Original Water Service Line Easement [which is Exhibit 1 of
C. B. 2] at the same time you obtain the Mayor's signature and your attest on C.B. 2. Once you
have C.B. 2 finalized with signatures -[As my attached Memo explains] take a copy -not the
permanent record -of the signed C.B. 2, with Exhibit I -the Original signed Grant of Water Line
Easement attached to the Ordinance, to Brook Bell who will record the Ordinance with Exhibit 1
the Original Grant of Water Line Easement attached with Arapahoe County Clerk and Recorder.
As indicated in my Memo -Brook will bring you the Original Recorded Ordinance which has the
Original Water Service Line Easement attached as Exhibit 1 -which has the Arapahoe County
Recording Information -for the City's Records; and he will make copies and give the copies to
the appropriate parties as indicated in my Memo.
Sorry for the confusion in giving it to you early, but I am trying to not have Original Water
Service Line Easement lost -normally I would give it to you after 2nd reading with the
Permanent Records Ordinance copy.
Attachment
CC: Brook Bell
Dugan Comer