HomeMy WebLinkAbout2017 Ordinance No. 026ORDINANCE NO. 26
SERIES OF 2017
BY AUTHORITY
COUNCIL BILL NO. 25
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AUTHORIZING A GRANT OF FIRE LANE ACCESS EASEMENT AT
2100 WEST LITTLETON BOULEVARD, LITTLETON, COLORADO FOR THE
PURPOSE OF CONSTRUCTION OF A FIRE ACCESS ROAD OVER THE CITY DITCH
RIGHT-OF-WAY.
WHEREAS, Prinzoc Littleton, LLC is constructing The Grove Littleton project at 2100
West Littleton Boulevard, in Littleton, CO and Englewood's City Ditch Right-of-Way runs
through a portion of the property; and
WHEREAS, the Prinzoc Littleton, LLC submitted a request to the City of Englewood in
order to construct a Fire Access Road over the City of Englewood City Ditch Right-of-Way;
and
WHEREAS, Prinzoc Littleton at their expense will construct a concrete Fire Access
Road over the Englewood City Ditch Right-of-Way, which is piped in this area; and
WHEREAS, the City shall have the right to maintain, install, repair, remove or relocate
the City Ditch or any other of its facilities or installations within the City's Right-of-Way, at
any time and in such manner as the City deems necessary or convenient. The City
reserves the exclusive right to control all easements and installations. In the event the
Fire Lane should interfere with any future use of the City's Right-of-Way by the City, the
Grantee shall, upon request and at its sole expense, relocate, rearrange, or remove its
installations so as not to interfere with any such use; and
WHEREAS, Prinzoc Littleton shall contact and fully cooperate with the City's personnel
and the construction shall be completed without interference with any lawful, usual or
ordinary flow of water through the City Ditch. Prinzoc Littleton shall assume all risks
incident to the possible presence of such waters, or the storm waters, or of surface waters
in the City Ditch.
WHEREAS, the Englewood Water and Sewer Board recommended approval of the
Grant of City Ditch Easement agreement for Prinzoc Littleton to construct a concrete Fire
Access Road over Englewood's City Ditch Easement at 2100 West Littleton Boulevard,
Littleton, Colorado at their February 14, 2017 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 a
Grant of Fire Lane Access Easement to Prinzoc Littleton, LLC for the construction of the
concrete Fire Access Road at The Grove Littleton project at 2100 West Littleton
Boulevard, in Littleton, CO.
Section 2. The Mayor is hereby authorized to execute and the Acting City Clerk to
attest and seal for and on behalf of the City of Englewood the Grant of Fire Lane Access
Easement for The Grove Littleton project at 2100 West Littleton Boulevard, Littleton, CO,
attached hereto as Exhibit 1.
Introduced, read in full, and passed on first reading on the 3rd day of April, 2017.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 6th
day of April, 2017.
Published as a Bill for an Ordinance on the City's official website beginning on the 5th
day of April, 2017 for thirty (30) days.
Read by Title and passed on final reading on the 17th day of April, 2017.
Published by Title in the City's official newspaper as Ordinance No. 26, Series 2017,
on the 20th day of April, 2017.
Published by Title on the City's official website beginning on the 19th day of April,
2017 for thirty (30) days.
This Ordinance shall take effect thirty (30) days a wing final
passage.
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. 26, Series of 2017.
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EXHIBIT 1
CITY DITCH FIRE LANE ACCESS EASEMENT
TmS AGREEMENT, made and entered into as of this :z_S Ot day of j"e:,. ..... :"Y
20..!._1, by and between the CITY OF ENGLEWOOD, a municipal corporation of the State of
Colorado, herein referred to as "City" or Granter, and PR.INZOC LITTLETON, LLC. whose
address is 2195 Decatur Street, Suite One, Denver, CO 80210, Owners of2100 West Littleton
Boulevard, Littleton, CO 80120, a.k.a. "The Grove Littleton" as Grantee.
WHEREAS, the City owns and operates an irrigation ditch known as the City Ditch for
diverting water out of the Platte River under priorities pertaining to said ditch upon and along a
Right-of-Way acquired therefore during and prior to 1860 and continuously used since that time;
and
WHEREAS, the Owners desire to use a portion of said Right-of-Way for a Fire Lane Access
for its adjacent property at 2100 West Littleton Boulevard, Littleton, CO 80120, a.k.a. "The
Grove Littleton", and desire to acquire an easement for that Fire Lane over anli across the City's
Right-of-Way.
NOW THEREFORE:
For and in consideration of ten dollars ($10.00) and other valuable consideration, the premises
and the full performance of the obligations and promises set forth below, the sufficiency of
which is expressly acknowledged, the parties hereto hereby agree as follows:
1. The City, without any warranty of its title or interest, hereby grants to the Owners of
2100 West Littleton Boulevard, Littleton, Colorado an access easement for a Fire Lane
over its Right-of-Way in the following described property located in Arapahoe County,
Colorado. [See attached Survey Drawing consisting of two (2) Pages.]
2. Upon and over the easement property, the Grantee shall have the right to construct,
repair and maintain a Fire Lane for the benefit of the property at 2100 West Littleton
Boulevard, Littleton, Colorado.
3. The Parties agree that the duties and privileges of this Easement shall run with the land
and the O\1.ner of 2100 West Littleton Boulevard, and its heirs and assigns shall be
subject to the benefits and obligations described herein and this Easement shall be
recorded against the property at 2100 West Littleton Boulevard, Littleton, Colorado.
4. The Grantee shall construct the Fire Lane in accordance with the plans and
specifications approved by the City's Director of Utilities.
5. The Parties agree that the City Ditch is an old, well constructed, thoroughly compacted
and piped ditch and Grantee agrees to take all necessary measures to insure that any
construction on or use of this Fire Lane will not damage the facilities or cWTent use of
the City Ditch.
6. The City shall have the right to maintain, install, repair, remove or relocate the City
Ditch or any other of its facilities or installations within the City's Right-of-Way, at
any time and in such manner as the City deems necessary or convenient. The City
reserves the exclusive right to control all easements and installations. In the event the
Fire Lane should interfere with any future use of the City's Right-of-Way by the City.
the Grantee shall, upon request and at its sole expense, relocate, rearrange, or remove
its installations so as not to interfere with any such use.
7. Any repair or replacement of any City installation made necessary, in the opinion of
the City Director of Utilities because of the construction or maintenance of the Fire
Lane or other appurtenant installation thereof, shall be made promptly and at the sole
expense of the Grantee.
8. The stipulation and conditions of this Easement shall be incorporated into contract
specifications if the construction herein authorized is to be done on a contract basis.
9. The rights and privileges granted in this Easement shall be subject to prior agreements
and/or grants, recorded or unrecorded, and it shall be the Grantee's sole responsibility
to determine the existence of said documents or conflicting uses or installations.
10. The Grantee shall contact and fully cooperate with the City's personnel and the
construction shall be completed without interference with any lawful, usual or ordinary
flow of water through the City Ditch. Grantee shall assume all risks incident to the
possible presence of such waters, or the storm waters, or of surface waters in the City
Ditch.
11. All trenches or holes within the City's Right-of-Way shall be backfilled and tamped to
the original ground line in layers not to exceed six" (six inches) of loose measure to a
compaction of ninety percent (90%} Standard Proctor Maximum Density.
12. Grantee, by acceptance of this Easement, expressly assumes full and strict liability for
any and all damages of every nature to persons or property caused by water from the
ditch leaking through the ditch banks or pipeline at the point or points where the
Grantee performs any work in connection with the Fire Lane provided by this
Easement. The Grantee assumes all responsibility for maintenance of the installation.
13. To the extent allowed by law, Grantee shall indemnify and save harmless the City, its
officers and employees, against any and all claims, damages, actions or causes of
action and expenses to which it or they may be subjected by reason of said Fire Lane
Access Easement being within and across and under the premises of the City or by
reason of any work done or omission made by Grantee, its agents or employees, in
connection with the construction, replacement, maintenance or repair of said
installation.
14. It is expressly agreed that in case of Grantee's breach of any of the within promises,
the City may, at its option, have specific performance thereof, or sue for damages
resulting from such breach.
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IN WITNESS WHEREOF, the parties hereto have caused this City Ditch Fire Lane Access
Easement to be executed as of the day and year first above ·written.
ATTEST:
Loucrishia A Ellis, City Clerk
STATE OF COLORADO)
COUNTY OF jo.Wq<zbl]
) ss.
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GRANTOR:
CITY OF ENGLEWOOD
Joe Jefferson, Mayor
GRANTEE :
PRINZOC LITTLETON, LLC
The foregoing instrument was acknowledged before me this -Z~of )~v-~·v .
Z ct::,-.. zat6;-"'oy David Zucker as IV-.C\.!':°'-1\'M ~\.s:::::::: of the Prinzoc Littleton, LLC, 2195 JZlecatur
Street, Suite One, Denver Colorado 80~10,as Owner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
Brendan V. Smith
NOTARY PUBLIC
STATE OF COLORADO
NOTARY 10 20164030668
MY COMMISSION EXPIRES 08/11/20
Notary
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EXHIBIT A
SHEET1 OF2
A PARCEL OF LAND BEING A PART OF THAT PARCEL RECORDED AT RECEPTION NO,
86096785 OF THE RECORDS OF THE ARAPAHOE COUNTY CLERK AND RECORDER,
SITUATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
18, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CllY OF
LITTLETON, COUNTY OF ARAPAHOE, STATE OF COLORADO, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 16, ANO CONSIDERING THE NORTH LINE OF THE
SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 16 TO BEAR SOUTH 89"47 110•
WEST, WITH ALL BEARINGS HEREON RELATIVE THERETO;
THENCE SOUTH aa•15•32•WEST A DISTANCE OF 1,875.98 FEETTOAPOINTON THE
NORTHERLY LINE OF SAID PARCEL AND THE POINT OF BEGINNING;
THENCE SOUTH 20"19'05" WEST A DISTANCE OF 50.24 FEET:
THENCE SOUTH 25"13'36" WEST A DISTANCE OF 377.57 FEET;
THENCE SOUTH 15"40'45" WEST A DISTANCE OF 41.73 FEET TO A POINT ON THE
SOUTHERLY LINE OF SAID PARCEL;
THENCE NORTH 75•12•20 11 WEST ALONG SAID SOUTHERLY LINE A DISTANC~ OF
25.00 FEET;
THENCE NORTH 10•40'45" EAST A DISTANCE OF 44.20 FEET;
THENCE NORTH 25"13'36" EAST A DISTANCE OF 378.59 FEET;
THENCE NORTH 20•19•05w EAST A DISTANCE OF 37.74 FEET TO A POINT ON THE
NORTHERLY BOUNDARY OF SAID PARCEL:
THENCE ALONG SAID NORTHERLY BOUNDARY THE FOLLOWING TWO (2) COURSES:
1,) NORTH 61"02'24" EAST A DISTANCE OF 4.04 FEET;
2.) THENCE NORTH 89°47'10" EAST A DISTANCE OF 23.88 FEET TO THE
POINT OF BEGINNING;
SAID PARCEL CONTAINS AN AREA OF 11,649 SQUARE FEET, OR 0.267 ACRES, MORE OR
LESS,
THOMAS 0, STAAB, P.L.S. 25965
FOR AND ON BEHALF OF
JANSEN STRAWN CONSUL TING ENGINEERS, I •
45 WEST 2ND AVENUE
DENVER, CO 80223
303.581.3333
JANSENSTRAWN PROJECT: 4LJ .......... '""'"'.'"~ THE GROVE AT umeTON I ~!~ \, • I
45Wl!ST2NDAVENUE
DENVER. CO II022l JOB NO.:
••. , P.31D.Sll.l:lll 14093 F.303.511.ll»
DATE:
JULY 19, 2016
SCALE:
NIA
SHEET
1 OF2
~
EXHIBIT A POINT OF COMMENCEMENT
NW CORNER OF THE SW 1/4 OF SHEET 2 OF 2 NE CORNER OF THE SE 1/4 OF
TH£ SW 114 OF SECTION 16, T.5S., THE SW 1/4 OF SECTION 16, T.5S.,
RANGIE 68W OF THE 6TH P.M. RANGE 68W OF THE 6TH P.M.
(BASIS OF BEARINGS)
N. LINES 112 OF THE SW 114 OF SEC.18
---S89"47'10"2,643.96' ---
LITTLETON BLVD.
1100' PUBLIC R.O.W.) N61 "02'24"E 4.04'
N20"19'05"E 37.7
UNPLATTED
REC. NO.
B6096785 .·
S20"19'O5"W 50,24'
•
LOT 1, BLOCK t
INTERMOUNTAIN SUBDIVISION
REC. NO. 1465740
REC. NO. B8066096
THIS EXHIBIT DOES NOT REPRESENT A
MONUMENTED SURVEY. IT IS INTENDED
ONLY TO DEPICT THE ATTACHED
DESCRIPTION.
------------0 40 80 ~
SCALE: 1• = 80'
JANSEN STRAWN " rPROJECT: DATE: SHEET '" ................... THE GROVE AT LITTLETON JULY 19, 2016 • -, .r ·., •• ,. , 1 ~ ,: ◄SWEST2NOAV81UE JOB NO.: SCALE: 20F2 1 DENYER.coaom
•· • P.301511.llll 14093 1·=80' f.301511.l:139 ... ~
..,