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Home My WebLink About2017 Ordinance No. 032ORDINANCE NO. 32 SERIES OF 2017 BY AUTHORITY COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE FOR A GRANT OF AN EASEMENT AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO'S ACCEPTANCE OF A CITY DITCH EASEMENT LOCATED AT 3650 S. BROADWAY FROM CHERRY HILLS APARTMENTS, LLC. WHEREAS, Cherry Hills Apartments, LLC constructed apartment units at the old Flood Middle School site; and WHEREAS, in order to build the apartments , Cherry Hills Apartments, LLC, was required to relocate the previous City Ditch alignment to accommodate the construction; and WHEREAS, the new alignment and construction was inspected by the City of Englewood and approved; and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval and acceptance of the Grant of an Easement from Cherry Hills Apartments, LLC. 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 herby authorizes the acceptance of "Grant of an Easement" from Cherry Hills Apartments, LLC the owner of 3650 South Broadway, attached hereto as Exhibit 1 with corresponding Exhibits A, B, and C. Section 2. The Mayor of the City of Englewood is hereby authorized to execute the "Grant of an Easement" for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 1st day of May, 2017. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 4th day and 18th day of May, 2017 . Published as a Bill for an Ordinance on the City's official website beginning on the 3rd day of May, 2017. Read by Title and passed on final reading on the 5th day of June , 2017. Published by Title in the City's official newspaper as Ordinance No. 32, Series of 2017, on the 8th day of June, 2017. Published by Title on the City's official website beginning on the 7th day of June, 2017 for thirty (30) days. This Ordinance shall take effect thirty (30) days ication following 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. 32, Series of 2017. Exhibit 1 GRANT OF CITY DITCH EASEMENT THIS GRANT of City Ditch Easement (this "Grant") is made this ~ay of livu, . 2017, by Cherry Hills Apartments, LLC {"Grantor") whose address is 4600 S. s;:;cuse Sleet, Suite 210, Denver, Colorado 80237, in favor of the CITY OF ENGLEWOOD ("Grantee") whose address is 1000 Englewood Parkway, Englewood, Colorado 80110. The parties covenant and agree as follows: 1. Easement Property. The "Easement Property" shall mean the real property located in the County of Arapahoe, State of Colorado, more particularly described on Exhibit A, consisting of two pages, Exhibit B, consisting of two pages, and Exhibit C, consisting of one page, attached hereto and incorporated herein by reference. 2. Consideration. As consideration, Grantee has given Grantor ten dollars {$ I 0.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by Grantor. 3. Grant of City Ditch Easement. Granter hereby grants to Grantee, its successors and assigns, a perpetual easement (the "City Ditch Easement) over, under, across and through the Easement Property for the purpose of constructing, operating, maintaining, repairing, replacing, removing, improving and enlarging the City Ditch . The City Ditch shall mean the City Ditch and all necessary underground and surface appurtenances thereto necessary or desirable for the transmission of water including, but not limited to, mains, conduits, vaults and ventilators. 4. Access. Grantee shall have the perpetual, nonexclusive right of ingress and egress in, to, over, through and across the Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant. S. Restoration. Grantee agrees that after the construction, maintenance, repair, replacement or enlargement, if any, for the City Ditch, Grantee shall restore the surf ace of the Easement Property as nearly as possible to the grade and conditions existing immediately prior to said construction, maintenance, repair, replacement or enlargement, except as may be necessary to accommodate the City Ditch. Grantee further agrees to replace any topsoil removed from any cultivated or agricultural areas on the Easement Property and to remove any excess earth resulting from said construction, maintenance, repair, replacement or enlargement, at Grantee's sole cost and expense. 6. No Improvements. O,antor covenants and agrees nol 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, building, or trees. Grantee shall have the right to remove, without any liability 10 grantor, any improvements constructed, erected, placed or planted on the Easemen1 Property without Grantor's having obtained the prior wrincn consent of Grantee. If such prior wrinen consent is not obtained, Grantee shall not be responsible for repair or replacement of the Improvements if they arc damaged durinG construction. maintaining. repair. replacement or enlargement 7. Subjaccnl and Lateral Suppon. Grantor covenants and agrees that Grantee shall have the right of subjacent and lateral support on the Easement Property to whatever extent is necessary or desirable for 1hc full, complete and undisturbed enjoyment of the rights granted to Grantee under this Grunt 8. Rights ofGrantar. Grantor reserves the roll right to the undisturbed ownership. use. and occupancy of the Easement Property insofar DS said ownmhip, use, and occupancy is consistent wid, and docs not impair the rights granted to Grantee in this GnanL 9. Abandonment. In the event lhal Grantee shall abandon lite rights granted to it under this Grant. all rights, title and interat here11nder ofOrantee shall cease and tenninote, and Grantor shall hold Easement Property, as the same mny then be, free from the rights of Grantee so abandoned ond 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 lines 1111d appurtenances from the Easement Property. In the event that Easement is abandoned by Grantee. Orantor shall have the right, at its sole option, lo require: Oranlee lo remove or neutralize any improvements constructed in the Eosement by Grantee. I 0. Wamnty of Title. Gran tor warrants and represents that Gran tor is the owner or the Easement Property and that Granter has full right. title and authority, 10 grant and convey to Granlee the: Easement Grantor further covenants and agrees to Indemnify, defend and hold Grantee harmless from and against any adverse claim to the 1itle to the Easement Property by all and every person or persons lawfully claiming or to claim the whole or any part thereat 11. Binding Effect This Grant shall extend to and be binding upon the heirs. personal representatives. successors and assigns of the respective parties hereto. The tenns, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. N WITNESS WHEREOF, the parties hereto hove executed this Grant of City Ditch Easement the day nnd year first above wrim:n. ST ATE OF COLORADO COUNTY OF 't)~J c.r ) ) ss. ) GRANTOR: CHERRY HJLLS APARTMENTS, LLC, a Delaware ltmited liability company By: Cherry Hills Holdings, LLC, a Delaware limit1.-d liability compuny, its sole member and manager By: Wood Cherry Hills LLC, a Delaware limited liabi lity company, an authorized representat ive By: WP West Development En1erpri1i, L.L.C., o. Delaware..J,imi'fed liability com . ny, its sole t"•4~,1 c-"1• "'""-.nl/W 6 I ·Timothy M. r,./cEntee, Vice President -11. Acknowledged befo~ me this ~o-day of___..;.M,_r..,r,_C,.¥\....;... ____ , 2017, by Timothy M. McEntec, Vice President. My Commission expin.'S: ATTEST: l(ATHEfllNEl{fA'f NOTARY PUBUC STATE Of COLORADO NOTARY ID 201S4006007 MYCOMMISSIOH EXPIRES FEBRUARY 1B 2020 ESCRIPTION EXHIBIT A SITUATED IN THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. A PARCEL OF LAND BEING A PORTION OF LOTS 34 & 35, BLOCK 2, HIGGINS BROADWAY AODmON, SITUATED IN THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF ENGLEWOOD, COUNlY OF ARAPAHOE, STATE OF COLORADO, MORE PAATICULARL Y DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF OF SAID LOT 35; THENCE SOUTH oo•32'07" WEST ALONG EAST LINE OF SAID LOTS 34 AND 35 ALSO BEING THE WESTERLY RIGHT OF WAY OF SOUTH SHERMAN STREET, A DISTANCE OF 33.33 FEET; THENCE NORTH 57•5g1&11 WeST DEPARTING SAID EAST LINE, A DISTANCE OF 88.58 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 35: THENCE NORTH 99•54'38• EAST ALONG THE NORTH LINE OF SAID LOT 35, A DISTANCE OF 82.43 FEET TO THE POINT OF BEGINNING. SAIC PARCEL CONTAINS 1,374 SQUARE FEET OR 0.03 ACRES, MORE OR LESS. BEARINGS ARE BASED ON THE NORlli LINE OF LOT 35, BLOCK 2, HIGGINS BROADWAY ADDITION, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, ASSUMED TO BEAR NORTH 99•54'39• EAST. PREPARED BY: AARON MURPHY PLS38162 ON BEHALF OF: HARRIS KOCHER SMITH 1391 SPEER BLVD. SUITE 390 DENVER. CO 80204 303.623.6300 ., ?FFJSN .................... . ---DAle REVISION COAllfNT! Cly Dkdl Easement Descripllon LOTS34&35 BLOCK2 HIGGINS BROADWAY AODmON -HAIWS Koaa SMJTH ISUIUE:IJ.~U ......... ~···· ········· ~ ~ 1:111 Sp .. , Blvd,. lull•''° .IIIIUl l3IIIO D•t1YII, Colo••·· ,am• • l'hDIII l:10:I) H:1•11:100 1 Fl• (3G:1) HlMl:111 , • 1 _J EXHIBIT SITUATED IN THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH P.M •• CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE. I I l I I- I I I I l ~ -· - 20 0 - STATE OF COLORADO. LDT31J LOT:W ~IL.CC~ 2 -lXlll@~OIM~-IIR0£1D)\!J £ W ~ID>DIYDOIM LOT33 LOT32 LOT31 20 40 ID:. POINT OF BEGININNG NORTHEAST CORNER OF LOT 35 I ! I I _, I I I -·-1 I SCALE: t••20' HS EXIIIIT llOES NOT REPft£SEHT A U0tUBaED I.AIII SlllMY. IT 15 tnOOED 11> DEPICT DtU 11£ AlTAOID lmAL DESCRIPTIOri, CltyDlfch EaSlffllnl Exhlbil LOTS34&35 BLOCk2 HIGGINS BROADWAY AODmON Ill -HAiuus KOCHER SMITH 11UM11:11 ~~ ...................... =-~ = UII lpHr llvd , lulte Stet aMII: atmr Den,,.,, Colorado I02G4 Phone CH3) IU•t:100 Fe1 (303) 123 U11 2 I WI ESCRIPTION EXBIBIT B SITUATED IN THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. A PARCEL OF LAND BEING A PORTION OF LOTS 8 THROUGH 10 AND LOTS 39 THROUGH 45, ANO THE ALLEY Ail IN BLOCK 1, HIGGINS BROADWAY ADDITION, SITUATED IN THE NORTHEAST 114 OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE. STATE OF COLORADO, MORE PARTICU~LY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF OF SAID LOT 45 ANO ALSO BEING A POINT ON THE WEST RIGHT OF WAY LINE OF SOUTH LINCOLN STREET; THENCE SOUTH 00"32'07• WEST ALONG SAID WEST RIGHT OF WAY LINE, A DISTANCE OF 158.07 FEET; THENCE NORTH 89°27'53• WEST DEPARTING SAID WEST LINE, A DISTANCE OF 20.00 FEET: THENCE NORTH 00"32'07• EAST, A DISTANCE OF 137.85 FEET; THENCE SOUTH 89"53'-46" WEST, A DISTANCE OF 212.76 FEET; THENCE SOUTH 45•12•4s-WEST, A DISTANCE OF 19.11 FEET: THENCE SOUTH 00•31•50• WEST, A DISTANCE OF 73.07 FEET; THENCE NORTH 89"28'1 a• WEST, A DISTANCE OF 20,00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF SOUTH BROADWAY STREET; THENCE NORTH 00°31'50" EAST ALONG SAID EAST LINE DISTANCE OF 81.29 FEET TO A POINT OF INTERSECTION WITH TiiE SOUTHERLY RIGHT OF WAY LINE FOR U.S. HIGHWAY 285 RECORDED AT BOOK 1875, PAGE 110 OF THE ARAPAHOE COUNTY RECORDS ; THENCE NORTH 45"12'48• EAST ALONG SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF 35.55 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 6; THENCE NORTH 89"53'4&• EAST ALONG THE NORTH LINES OF SAID LOTS 6 AND 45, A DISTANCE OF 241.21 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINS 9,598 SQUARE FEET OR 0.22 ACRES, MORE OR LESS. BEARINGS ARE BASED ON THE NORTH LINE OF LOT 35, BLOCK 2, HIGGINS BROADWAY ADDITION, CJTY OF ENGL.EWOOO, COUNTY OF ARAPAHOE. STATE OF COLORADO, ASSUMED TO SEAR NORll-1 s9•53•4s• EAST. PREPARED BY: AARON MURPHY PLS38162 ON BEHALF OF: HARRIS KOCHER SMITH 1391 SPEER BLW. SUITE390 DENVER. CO 80204 303.623.6300 .., -H.wus KOCHER SMmt na1M11.1M>-11 ••• 41 •••••••••• ♦• f. I. =:'It= CilyOkdlEasemem ~lion HIGGINS BROADWAY ADDITION 1311 SpHI 8lwl •• Sun• :1180 Jllllllt IJIIIII C>eave,, c;o10,1do 10204 1'110110 (3U> 113-ADD Fas 13D!I) H3•13t 1 1 ... * EXHIBIT SITUATED IN THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. 40 e Dl!NOTES CHANGE IN BEARING CN. Y LCT1:J LOT14 0 40 -1 80 -- DAlE REVISION CXJMMENTS City Dllch Easement Exhibit l L I I- i ,- LOT40 L0T39 LOT:JI LOT37 -----1 I I I 7 Him.. TIIS EXNIT DOES NOT REPRESENT A MCtlllENTED LMO SIR\€Y. IT IS INlEMIED TO O£PICT CN.Y 1f£ AlTAIJIED l£CAL DESCRPllDN. ff.wus KocHn SMITH IIUIIAIE.11-0. HIGGINS BROADWAY ADDITION • • • •• • • • •• • • f •••••I••• =-,,-.. ~ IHI 5(1Hr llo,d., Sullt uo ... ... 0111nr, c,1111d1 ID2D4 Phan■ f:10:1) IU•l:IDO Far (:10:1) la:l•UU 2 I• I I .1, :;: I I i----1-1--i--- ~ ~1 ~1 ~ ;i ~ ~ ~ ! I I i " i C\I l'J I I ' H I --- I ~ -I I --- 1 11 . l ' ' l \ ii E , -,_, r I I .ab.. I .. ' I