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HomeMy WebLinkAbout2016 Ordinance No. 017• ORDINANCE NO. -4 SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 15 INTRODUCEDBYCOUNCil., MEMBER GILLIT AN ORDINANCE AUTHORIZING A GRANT OF TEMPORARY CONSTRUCTION LICENSE, A GRANT OF RIGHT-OF-WAY AND AN EXCHANGE OF RIGHT-OF-WAY AGREEMENT FOR RELOCATING THE CITY DITCH AT 707 EAST JEFFERSON A VENUE, ENGLEWOOD, COLORADO IN ORDER TO ALLOW FOR THE CONSTRUCTION OF A RITE AID PHARMACY. WHEREAS, the KRF 965, LLC submitted a request to the City for the relocation of the City Ditch in order to construct a new building for a Rite Aid Pharmacy; and WHEREAS, the existing 25' wide City Ditch Right-of-Way extends across and through property bordered by South Clarkson Street and South Washington Street; and WHEREAS, KRF 965, LLC will relocate the existing 25' wide City Ditch Right-of-Way and City Ditch pipe to allow a building with the Exchange of Right-of-Way Agreement and the Grant of Right-of-Way Agreement; and WHEREAS, the Grant of Temporary Construction License allows the work to commence; and WHEREAS, the Englewood Water and Sewer Board recommended approval of the Grant of Right-of-Way, the Exchange of Right-of-Way, and the Grant of Temporary Construction License agreements for relocating the City Ditch at 707 East Jefferson Avenue, Englewood, Colorado at their February 9, 2016, meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil., OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Director of Utilities is hereby authorized to sign said Grant of Temporary Construction License for 707 East Jefferson Avenue, Englewood, attached hereto as Exhibit 1. Section 2. The Mayor is hereby authorized to execute and the City Clerk to attest and seal for and on behalf of the City of Englewood the Exchange of Right-of-Way for 707 East Jefferson Avenue, Englewood, attached hereto as Exhibit 2. Section 3. The City hereby accepts the Grant of Right-of-Way for 707 East Jefferson Avenue, Englewood, attached hereto as Exhibit 3. Introduced, read in full, and passed on first reading on the 14th day of March, 2016. 1 Published by Title as a Bill for an Ordinance in the Cityts official newspaper on the 171h day of March, 2016. Published as a Bill for an Ordinance on the City's official website beginning on the 16th day of March, 2016 for thirty (30) days. Read by title and passed on final reading on the 4th day of April, 2016. Published by title in the City's official newspaper as OrdinanceNo.4 Series of 2016, on the 7th day of April, 2016. Published by title on the City's official website beginning on the 6th day of April, 2016 for thirty (30) days. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is ,}PJ_e copy of the Ordinance passed on final read.in and published by title as Ordinance No. q Series of 2016. 2 ' . • • ,· i . • • GRANT OF TEMPORARY CONSTRUCTION LICENSE nns UCENSE AGREEMENT, made and entered into as of this~ day of @1 .. i<Ii: , 2016, by and between the CITY OF ENGLEWOOD, a municipal corporati of the State of Colorado, herein referred to as the Granter, and KRF 965, LLC, hereinafter referred to as "Licensee". WHEREAS, the Granter owns a certain right-of-way for the City Ditch; and WHEREAS, Licensee desires to make certain improvements in the area relating to construction on the subject property and the Granter agrees to give Licensee a Temporary Construction License for improvements which shall connect the new City Ditch piping to the existing City Ditch. WITNESSEm: the Granter, without any warranty of its title or interest whatsoever, hereby grants and authorizes Licensee the use of the property, hereinafter described, which Granter now owns for the following improvements: See attached Exhibit A for legal description. See attached Exhibit B for construction improvements . NOW, THEREFORE, it is agreed between Granter and Licensee that Licensee shall be granted a construction license to make the improvements described in Exhibits A and B, subject to the following conditions: 1. Period of Construction. Licensee's right to use the construction license area depicted on Exhibits A and B shall begin no sooner than February 1, 2016 and shall terminate on February 1, 2017, and shall not thereafter be reinstated on a temporary basis without the express written consent of Granter. 2. Restoration. The Licensee will do what is necessary to restore all of Granter's property damaged or disturbed as a result of the project to as near its original condition as is practical, including but not limited to seeding on the City Ditch dedicated right-of-way. 3. Exercise of Reasonable Care. Licensee will use all reasonable means to prevent any loss or damage to Granter or to others resulting from the construction. 4. As-Built Drawings . Licensee shall supply Granter a map that shows the construction area and defines the construction site. See Exhibits A and B. 5. Assignment. Licensee's assignment of this Construction Agreement will not relieve Licensee of its obligations hereunder. The provisions hereof shall inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto. E X H I B I T 1 • • 6. Indemnification. Licensee, to the extent permitted by the laws and constitution of the State of Colorado, hereby agrees to be liable and hold harmless the City of Englewood, its employees, tenants and guests from any and all claims, causes of action and liability which may occur as a result of the negligent or wrongful acts of Licensee in the construction of the Project, including cost of defending against such claims. 7. Liability. Licensee hereby acknowledges that it understands that there is water flow in the City Ditch from April 1 to November 1 of each year and that it will assume liability for any damage to adjoining property caused by water flow resulting from damage to the City Ditch caused by the Licensee's construction of the new City Ditch or pipe. 8. Insurance. Licensee shall maintain in full force and effect a valid policy of insurance for the Project in the amount of $1,000,000.00 property coverage and $1,000,000.00 liability coverage. Licensee further agrees that all its employees, contractors, and sub-contractors working on the Project shall be covered by adequate Workers Compensation insurance. 9. Authority to Enter into Agreement. The undersigned represents that he is an authorized officer of Licensee and has authority to enter into this agreement on behalf of Licensee and that Licensee will accept and abide by all the terms and conditions hereof. This Construction License shall terminate upon completion of said improvements and approval by Grantor. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date first above written. 2 CITY OF ENGLEWOOD, COLORADO GRANTOR: By ___________ _ Tom Brennan, Director of Utilities STATE OF COLORADO COUNTY OF~u-0- ) )ss. ) K.RF965,LLC LICENSEE: The foregoing instrument was acknowledged before me this ll!. day of ~'"11: 2016, by Jimmy Balafas as Chief Executive Officer of KRF 965, LLC. My commission expiN.i;:Commission Expic••s n;c·,,,016 3 • EXHIBIT "A" CITY DITCH RIGHT-OF-WAY LEGAL QESCBIP]ON FOR GIIY PITCH BIGHT-Of-WAY; 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 LOTS 29 TO 34, A PORTION OF LOTS 16 TO 18 AND A PORTION OF THE VACATED ALLEY, BLOCK 1, HIGGINS ENGLEWOOD GARDENS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS 5.22 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT 29, WHENCE THE NORTHEAST CORNER OF SAID SECTION 3 BEARS N03"17'13"E, 561.13 FEET; THENCE N40"35'24"W, 15.50 FEET; THENCE N65'0B'45"W, 9.46 FEET; THENCE N55'37'54"W, 14.94 FEET; THENCE N37"41'31"W, 45.11 FEET; THENCE N35'05'19"W, 24.56 FEET; THENCE N50"49'41"W, 7.28 FEET; THENCE NB9'45'53"W, 186.16 FEET TO A POINT ON THE WEST LINE OF SAID LOT 18; THENCE N00'14'07"E ALONG SAID WEST LINE OF SAID LOT 18 AND SAID LINE EXTENDED, 50.41 FEET TO A POINT ON THE WEST LINE OF SAID LOT 16; THENCE S25'20'54"E, 28.17 FEET; THENCE S89'45'53"E, 182.83 FEET; THENCE S25"20'54"E, 28.17 FEET; THENCE S50'49'41"E, 19.57 FEET; THENCE S35'05'19"E, 27.44 FEET; THENCE S37'41'31"E, 40.60 FEET; THENCE SS5"37'54"E, 8.91 FEET; THENCE S65"08'45"E, 7.08 FEET TO A POINT ON THE EAST LINE OF SAID LOT 31; THENCE S00"14'19"W ALONG SAID EAST LINE OF SAID LOT 31 AND SAID LINE EXTENDED, 34.59 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 7,656 SQUARE FEET OR 0.1758 ACRES MORE OR LESS . BASIS OF BEARINGS: AN ASSUMED BEARING OF S00'13'03"W BEING THE EAST LINE OF THE NORTHEAST¼ 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 AND THE OTHER BEING A 2" DIAMETER ALUMINUMCAP STAMPED LS #27011 IN A RANGE BOX AT THE SOUTHEAST CORNER OF THE NORTHEAST¼ NORTHEAST¼. 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@3 9north.net SHEET 1 OF 2 LINE L1 L2 L3 L4 LS L6 L7 LB L9 L10 l11 L12 EXHIBIT "A" CITY DITCH RIGHT -OF-WAY LINE TABLE LENGTH BEARING 15.50' N40'35'24''W 9.46' N65"08' 45"W 14.94' N55'37'54"W 45.11' N37'41'31"W 24.56' N35'05'1 g•w 7.28' N50'49'41"W 28.17' S25'20'54"E 19.57' sso· 49• 41 "E 27.44' S35'05'19"E 40.60' S37'41'31"E 8.91' S55'37'54 "E 7.08' S65'08' 45"E VACATED ALLEY SWR . & UTIL. ESMT. BK 1753 PG 486 NORTHEAST CORNER SEC. 3, T5S, R68W ~ FOUND 1.5" AXLE -V IN RANGE BOX + I 0 34.59' S00i4'19"W POINT OF BEGINNING 120 EAST JEFFERSON AVENUE (HAMPDEN A VENUE BYPASS) -... -------60 SCALE: 1 "= 60' --- SHEET 2 OF 2 + KEYMAP ICAL! r • • 01t I. • 5350 5345 • r -L 5340 , 5335 ,-,- 1 5330 ' C 0+75 ,,- N + a 2D •a 1 INCli • 2G Ff LEGEND --l'llllnRTYUNI l'IIDPmEDIIIIIO-~ l'IIClf'OIED alall- EXlll11CII CUIIIAICI GIITTEI l'ACW'0IEIJrCllllllllGGUTTSI Dl91KIWA1UI~ EXUl!IGCIIIEIIHEl,DEl,8:llUI: ----EICISl'IGIIANffARYSEWBl txllrTIGClo\.lUNII ---•---PR0POSED WAl!RLINE PROPIIIED -~SEWER MM -MM M l'IIQPOIEDlffllRM ■EWEIIUNI ---a ---PROl'CSEI QI.SI.NI ---,---l'IICl'OIIIIUNIEIIG-!UCl1UC <I!) © l'IIOl'OIED SN &SNUIANIIDU!ll © /.D EXIS1l'GISTIIISA/I.IWIHQ£ll l!J PROl'OIED-INtEI' iii EXIST..aSTcllllllt.ET 'tr PROl'OSED F'NHVDRAIIT EXISIMI Lm/lYPOU! 0 PROPIISED Slit UGtmNO PROJECT BENCHMARK NGSVBITICM. C0l'IT!l0l l'CINT •W .. 9 !PID -10<1'111 IENQ A STAINle.s llmR00 ~ 5" CW,IET!R UX.0 aCJ<AT'lltE S0111l!EAST C011NE110F SOUTH DDY'HNO STRE£1' AND EASr JEfl'ERSONAVEM1£ E1£11 "1llO lllNA\IO , .. DA!UM] Kmwc'"'"•l'lbtlow. allw.. CALL UTILITY NotlFJCA TlON CEMnR OF COLORADO 1-800-922-1987 or 811 ~~::~~~ GIWJI. 0111 El<CAVAYIFIJl 11<E_,.,..O, UICIEIICIIGUNll-1:11 IITIUIIU i i Iii ! I I I .. ,. i ,, ~ : I i 0 C4.4 I! X H I a I T B EXCHANGE OF RIGHT-OF-WAY AGREElvfENT TIIlS AGREEMENT made and entered into as of this Ji~ day of kl. f'wi""1 2016, by and between the CITY OF ENGLEWOOD, a municipal coiporation of the State of Colorado, herein referred to as "City", and KRF 965, LLC whose address is 1509 York Street #201, Denver, CO 80206; herein referred to as KRF 965, LLC. 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, KRF 965, LLC desires to use a portion of said Right-of-Way for construction of a Rite-Aid Pharmacy and other purposes not consistent with the Right-of-Way purposes; and desires to exchange approximately Two Hundred Ninety-Four feet (294') of new Right-of-Way for the use of the City Ditch, Attached herein as Exhibit A; in exchange for the City's permission and vacation of the existing City Ditch Right-of-Way, Attached herein as Exhibit B. 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. For the uses hereinafter named, KRF 965, LLC will grant to the City the following described property which is a parcel ofland situated in the Northeast Quarter of Section 3, Township 5 South, Range 68 West of the 6th Principal Meridian, also being a part of Block 1, Higgins Englewood Gardens, City of Englewood, Arapahoe County, Colorado more particularly described as shown on Exhibit A attached hereto and incoiporated herein. Said parcel ofland shall be twenty-five feet (25') in width where it crosses the subject property shown on the attached Exhibit B, lying 12.5 feet on each side of the "proposed centerline" of the relocated City Ditch. Which entire length shall be SUIVeyed by KRF 965, LLC and evidenced by an executed deed for Right-of-Way with meets and bounds description as shown on attached Exhibit A. 2. Upon, over, through and across the strip of land hereinabove described, and as shown on attached Exhibit A, the City shall have the right to construct, reconstruct, maintain, alter, repair, enlarge, enclose and use a ditch or pipe for the conveyance of water under priorities pertaining to the above mentioned City Ditch, said priority having been originally adjudicated to said City Ditch under the name of the Platte Water Ditch, And for any and all other uses to which the City might have put the old Ditch has this Agreement not been made. The parties hereto agree that the primary right of possession of areas, which must be used in common by the two parties hereto, is in the City, for its Ditch. With this limitation, it is agreed that the City will use its best efforts to access and maintain the City Ditch with minimal disruption to KRF 965, LLC. E X H I B I T 2 3. KRF 965, LLC will b"e granted a License to construct a new pipe to accommodate the required City Ditch water flow of the City Ditch Right-of-Way consistent with the professional engineer approved plans attached as Exhibit C consisting of one (1) page, located on their property also known as 707 East Jefferson Avenue, Englewood, Colorado. 4. KRF 965, LLC shall construct the piping for the City Ditch in the new location in accordance with and at the location shown on Exhibit C. 5. It is agreed that the present City Ditch is an old, well constructed, thoroughly compacted, and well sealed ditch from which a minimum of seepage loss occurs. KRF 965, LLC and the City agree that in all places where the City Ditch is to be altered in its course to a new location that it will reconstruct said new pipe section in such a way that the pipe when reconstructed will be as sound and efficient, will be reconstructed according to the plans and specifications shown on Exhibit C. 6. KRF 965, LLC agrees to hold the City harmless from any defects of construction work performed hereunder by the City and for damages ensuing on the operation of the City Ditch arising out of such construction or maintenance for the period of one ( 1) year after completion of the City Ditch construction. 7. All work to be done hereunder shall be performed to the entire satisfaction of the City of Englewood Director of Utilities. 8. All work on the City Ditch and in connection therewith shall be done in such a way as not to interfere with the regular and continuous flow of water therein. 9. Upon receipt of an acceptable Grant of Right-of-Way and acceptance by the City of the new piped section of the City Ditch, the City will quit claim any other rights to the City Ditch Right-of-Way inconsistent with the grant described in Paragraph 1 and as shown on Attachment B, attached hereto. 10. City requires access to maintain the City Ditch and KRF, LLC 965 agrees to execute an access agreement acknowledging the City's right to access the City Ditch Right-of- Way for City Ditch operation and maintenance and for storm flow operation and inspection. This access agreement will be included in the Grant of Right-of-Way. 11. In case RKF, LLC 965 shall fail, neglect, or refuse to fulfill any of the terms or the provisions of this Agreement, all rights hereunder in KRF, LLC 965 shall at once be forfeited to the City, and the City may repossess itself of its original Right-of-Way for said City Ditch as if this Agreement bad never been made, and waiver by the City of Enforcement of its rights on account of any breach shall not be deemed to constitute a waiver of any subsequent breach. 2 2. The signatories affum that they have authority to sign for KRF, LLC 965 described herein. IN WITNESS WHEREOF, the parties hereto have caused tilts Agreement to be executed as of the day and year first above written. ATTEST: Loucrishia A Ellis, City Clerk STATE OF COLORADO COUNTYOF~w)L. ) ) ss. ) CITY OF ENGLEWOOD Joe Jefferson, Mayor KRF965,LLC ~ By: Jimmy Balafas Title: Chief Executive Officer The foregoing instrument was acknowledged before me this l'n day of~ 2016, by Jimmy Balafas as Chief Executive Officer of K.RF 965, LLC. Q M C . . E . M~· Commission Expirts US/2li/.•in•• y omnnss1on xpires. -u 3 EXHIBIT "A" CITY DITCH RIGHT-OF-WAY LEGAL DESCRIPTION FOR crry PITCH BIGHT-OF-WAY; A PARCEL OF LAND LOCATED IN THE NORTHEAST ¼ OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH P.M., BEING A PORTION OF LOTS 29 TO 34, A PORTION OF LOTS 16 TO 18 AND A PORTION OF THE VACATED ALLEY, BLOCK 1, HIGGINS ENGLEWOOD GARDENS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS 5 .22 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT 29, WHENCE THE NORTHEAST CORNER OF SAID SECTION 3 BEARS N0317'13"E, 561 .13 FEET; THENCE N40"35'24"W, 15.50 FEET; THENCE N65'08'45"W, 9.46 FEET; THENCE N55'37'54"W, 14.94 FEET; THENCE N37'41'31"W, 45.11 FEET; THENCE N35'05'19"W, 24.56 FEET; THENCE N50"49'41"W, 7.28 FEET; THENCE N89'45'53"W, 186.16 FEET TO A POINT ON THE WEST LINE OF SAID LOT 18; THENCE N00'14'07"E ALONG SAto WEST LINE OF SAID LOT 18 AND SAID LINE EXTENDED, 50.41 FEET TO A POINT ON THE WEST LINE OF SAID LOT 16; THENCE S25'20'54"E, 28.17 FEET; THENCE S89'45'53"E, 182.83 FEET: THENCE S25'20'54"E, 28.17 FEET; THENCE S50'49'41"E, 19.57 FEET; THENCE S35'05'19"E, 27.44 FEET; THENCE S37'41'31"E, 40.60 FEET; THENCE S55'37'54"E, 8.91 FEET; THENCE S65'08' 45"E, 7.08 FEET TO A POINT ON THE EAST LINE OF SAID LOT 31; THENCE S0014'19"W ALONG SAID EAST LINE OF SAID LOT 31 ANO SAID LINE EXTENDED. 34.59 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 7,656 SQUARE FEET OR 0.1758 ACRES MORE OR LESS. BASIS OF BEARINGS: AN ASSUMED BEARING OF S00'13'03"W BEING THE EAST LINE OF THE NORTHEAST ¼ NORTHEAST ¼ OF SECTION 3, TOWNSHIP 5 SOUTH. RANGE 68 WEST OF TI-IE 6TH P.M. BETWEEN TWO FOUND MONUMENTS; ONE BEING A 1.5" DIAMETER STEEL AXLE AT THE NORTHEAST CORNER OF SAID SECTION AND THE OlHER BEING A 2" DIAMETER ALUMINUMCAP STAMPED LS #27011 IN A RANGE BOX AT TI-IE SOUTHEAST CORNER OF THE NORTHEAST¼ 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 H: 303-325-5071 EMAIL: domlen.coln@39north .net SHEET 1 OF 2 , I C LINE L1 L2 L3 L4 LS L6 L7 LB L9 l10 L11 l12 EXHIBIT "A" CITY DITCH RIGHT-OF-WAY LINE TABLE LENGTH BEARING 15.50' N40.35'24"W 9.46' N65"08' 45"W 14.94' Nss·31•s4•w 45.11' N37'41 '31 "W 24.56' N35'05'19"W 7.28' N50"49' 41 "W 28.17' s2s·20'54"E 19.57' S50'49'41"E 27.44' S35"05'19"E 40.60' 537•41'31"E 8.91' S55"37'54"E 7.08' S65'08' 45"E VACA TED ALLEY SWR. & UTIL. ESMT. BK 1753 PG 486 NORTHEAST CORNER SEC. 3, TSS, R68W FOUND 1.5" AXLE IN RANGE BOX 0 120 EAST JEFFERSON AVENUE (HAMPDEN AVENUE BYPASS) -----60 SCALE: 1 "=60' --- SHEET 2 OF 2 EXIIlBIT "B" CENTERLINE OF A PORTION OF CITY DITCH RIGHTROF-WAY a AL PESCBIPDQN QE A PPBDQN Of DiE CENJEBUNE: Of D:IE. EXJSTING cnx PITCH BIGHT-Of-WAY; THE BELow· DESCRIBED CENTERLINE IS LOCATED IN THE NORTHEAST ¼ OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH P.M., AND LOCATED WITHIN BLOCK 1, HIGGINS ENGLEWOOD GARDENS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF LOT 30, BLOCK 1, HIGGINS ENGLEWOOD GARDENS, WHENCE THE NORTHEAST CORNER OF SAID SECTION 3 BEARS N03'23'40"E, 542.03 FEET; THENCE DEPARTING FROM SAID EAST LINE ALONG THE FOLLOWING THIRTEEN (13) COURSES; 1. N40'35'24"W, 3.75 FEET; 2. N65'08'45"W, 11.14 FEET; 3. N55'37'54"W, 11.93 FEET: 4. N34'03'15"W, 19.33 FEET: 5. N40'40'15"W, 23.60 FEET; 6. N35"05'19"W, 26.00 FEET; 7. N50'49'41"W, 46.92 FEET; 8. N58'01 '58"W, 46.00 FEET; 9. N62'14'07"W, 29.99 FEET; 10. N66 '29'1 O"W, 26.32 FEET: 11. N74"18'01"W, 50.96 FEET; 12. N6B'26'52"W, 21.90 FEET; N58'39'32"W, 5.98 FEET TO A POINT ON THE WEST LINE OF LOT 14, BLOCK 1, HIGGINS 'LEWOOD GARDENS, ALSO BEING THE POINT OF TERMINUS OF THE CENTERLINE OF EXISTING DITCH AS MARKED AND LOCATED IN THE FIELD. BASIS OF BEARINGS: AN ASSUMED BEARING OF SOOi3'03"W BEING THE EAST LINE OF THE NORTHEAST ¼ NORTHEAST ¼ OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF TI-IE 6TH P .M. BETWEEN TWO FOUND MONUMENTS; ONE BEING A 1.5" DIAMETER STEEL AXLE AT THE NORTHEAST CORNER OF SAID SECTION AND THE OTI-IER BEING A 2" DIAMETER ALUMINUMCAP STAMPED LS #27011 IN A RANGE BOX AT THE SOUTHEAST CORNER OF THE NORTHEAST¼ NORTHEAST Y+ DAMIEN CAIN PLS 382B4 FOR ANO 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 D VER, CO 80220 303-325-5071 E ~IL: damlen.caln@39north.net PLEASE NOTE THAT lHIS EXHIBIT ANO LEGAL DESCRIPTION DOES NOT REPRESENT A MONUMENTED SURVEY PLAT. lHE LOCATION OF THE EXISTING DITCH IS AN APPROXIMATE LOCATION BASED ON PAINT MARKINGS IN lHE FlaD AND EXISTING MANHOlE LOCATIONS. SHEET 1 OF 2 LINE u L2 LJ L4 L5 L6 L7 LB L9 EXIIlBIT "B" CENTERLINE OF A PORTION OF CITY DITCH RIGHT-OF-WAY LINE TABLE LENGTH 3.75' 11.14' 11.93' 19.33' 23.60' 26,00' 46.92' 46.00' 2!1.99' BEARING N4n"J5'24"W N65'08' 45"W Nss·37•54•w N34•0~•1s"w N40'40'15"W N35'05'19"W N50'49'41"W N58-01'5B"W N6214'07"W PLEASE NOTE 11-IAT THIS EXHIBIT AND LEGAL DESCRIPTION DOES NOT REPRESENT A MONUMENTED SURVEY PLAT. 11-IE LOCA 110N OF THE EXISTING DITCH IS AN APPROXIMATE LOCATION BASED ON PAINT MARKINGS IN THE AELD ANO EXISTING MANHOLE LOCA TlONS. uo 28.32' N66'29'10"W NORTHEAST CORNER SEC. 3, T5S, R6BW FOUND 1.5" AXLE _ _. __ ~::::.. L11 50.96' N7418'01"W L12 21.90' N68'26'52"W IN RANGE BOX L13 5.98' N58'39'32"W CENTERLINE OF ..-. DITCH AS MARKED C!> 1 ------r, AND LOCATED IN FIELD S I LOT 12 I 1 , ..... I -LOT ~ -I -LOT 38 -7 : I ;,.t ~ __t,-LOT~ ---{ I -LOT;--;~' ~ t, POINT OF _/ F·~-.:trr --. . c<r3: (/) ~ TERMINUS ~ ~OT 15 ~-~lo ~ r = LOT 36 = ~i I~!!! a ~ L -LOT~ -J'~ -LOT~ -_J: :~*~ t; ~ I LOT 17 I "-LOT 34 J ' o ': b ~ e . ----------(--'"?----: I ~ ftl ~ r;j ~ i;i I_ -LOT~ -I L LOT :=_ \{~_ -~ : ~ I LOT 20 7 I LOT 31 "'~ 1: ~ ~ I -LOT-; -7 ,--LOT;--£< I 9 ?; I -LOT;--I I -LOT;--~ r -LOT;--7 ,-~0~8-/_/ ~-----1 r----./ LOT 24 ILOT 27 / ~ ----_f I-_/' FOUND 2" ALUMINUM L LOT 25 I _ I/ CAP IN RANGE BOX ----_v STAMPED LS #27011 - 0 60 120 1/16TI-I CORNER SEC 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST UF"-ii!-5~~C!!A!!LE!!:5ii1iii"iiii=iii60iiii' -- EAST JEFFERSON A VENUE (HAMPDEN AVENUE BYPASS) 1.__POINT OF BEGINNING SHEET 2 OF 2 KEYMAP SCALE 1"'•1CII' • • + 1- 5350 5345 53-40 ~ 5JJS I I 5 330 r-·-· 5325 ;,, 'r . 1 I I I w I NOTE:_a.al,., I G&a.CAII& CA1.IH/JTEUPHONEIIZP.1.0CA'10NSIH/J EUVA-.SNl1 -~ FIIID\OIFY-•TOC0HSTIIUC11QN • ~IJUSffllG---~L:~"1 ur-. -. Tr----I ~ I ~ ----t ---\ T I I I ' I I I I ~ G.t~j I ...,....~J "ill=,~ 'l IIDld --rU1 ------i~ I ·air ihtia! !ftt~ I !ii~Hi i ,ia. ' !Ula 0+75 1+00 1+50 ,. I --I , I I i[ ' I ' --;I--' a. t I!.-iit ~ i! ,1a 8 .in 2+00 .:-- I I I ' ' I I RITE AlD PHARMACY FFE•5341.7~ I I I r-CIR.tOII I QpftCL. I I -------------------r---- I 111.JIP :irl!Cl'ea.m ----- I I ' 2+50 J+OO PROFILE STM -DITCH (STA: 0+75 TO 4+15). SCALES: 1'=20' HORIZONTAL, 1"=4' VERTICAL \ 5350 /'------5345 ~ ~ 53-40 I ~ 5335 I I . I I ~ 5-I ----~~ l!."~ti iiii; a!I I ' ii~~Hal 5325 I ,- N + :m •• 1 1NOh la-PT LEGEND --l'llllPllffi'IN -IIUIUIIIGAlUCIC -IIIIIDIIO ---~ -rCUNIA/CICIUTTIII DIS!NaWl<TBI 1M --as:nvc: ---IDCISIWalNffNrrllMlt --ua ---•--W4TBILN --""'----------LIii ---a ---l'IIDl'OIIDGASI.N -,---1'110-~as:nac @ CD __ , ___ (Da) llOffllGffll&lloN.IWIHCUI li!J l'IIGPQUll "'-IIUT iii ElCISTIIGSTIHVolauT 'O" ""°---EXIS!MI unJTYPCIJI 0 Pll0l'CSIII Sl!cl.lGH11NG PROJECT BENCHMARK IGI VlillTlc:.tl. C0N111CL ,aNr • W-11'111 • Ml<1"'188NCl 4 STNHlllaS11&1100 N rCIAI.IET9IUIGGIOX4T THE SCUTHIEASTC011HEROF S0111M IIQN<IPGlnRW ~ l!UT snRlao!AoVIMJ£ El!Yo5ll0 N CNAW 1N1041VMJ ._ ..... bllow. Callbllorl CALL UllUTY NDTIFICATION CENTER OF COLORADO 1-800-922-1987 or811 ~ .. A ,.. m j I " I i .. e j I ~ § .. I '! 0 C4.4 ~ u:: ~ Q. -0 z 5 a. :I: u .... i5 C z ::J a er ~ a:: w C z ::J I! )( H I • I T C • GRANT OF RIGHT OF WAY nns GRANT OF RIGHT OF WAY, made this _f-day of_.:...::k::..:.b_;_,l,\.,;._"'_~J.._---- ____ _. 2016, by and between the CITY OF ENGLEWOOD, a mumcipal corporation of the State of Colorado, "Grantee", and KRF 965, LLC whose address is 1509 York Street #201, Denver, CO 80206, herein referred to as "Grantor". For ten dollars ($10.00) and other valuable consideration including the Agreement to exchange property to allow the Grantor to build on the property located at 707 East Jefferson Avenue the receipt and sufficiency of which is hereby aclmowledged. The undersigned does hereby grant unto the City of Englewood, Colorado its successors and assigns, a twenty-five foot (25') wide Right-of-Way for Municipal purposes, to repair, maintain and inspect its City Ditch, over and through the property described on Exhibit A attached hereto and incorporated herein, with the Street Address of: 707 East Jefferson Avenue Englewood, CO 80113 This Right-of-Way shall be used for the City Ditch, an irrigation ditch system. The City shall have full use of this Right-of-Way for its use including the operation and maintenance of said irrigation ditch. · The Grantor hereby grants a right of access over and across the property know as: 707 East Jefferson Avenue Englewood, CO 80113 IN WITNESS WHEREOF, the parties hereto have executed this Grant of Right of Way the day and year first above written. GRANTOR(S): KRF965,LLC ~< Prinled Name J'Ba1afas Title: Chief Executive Officer E X H I B I T 3 STATE OF COLORADO COUNTYOF\O('l...,..ut, -=~----- ) )ss. ) The foregoing instrument was acknowledged before me this ~ day of ~ , 2016 by Jimmy Balafas as Chief Executive Officer of KRF965, LCJ'"'~ ei~:Dbru~ •b"'°1;-,~ s~e)-"u~. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. My Commission Expires: My Commission Expires 05/28/2016 2 ' . . . • EXHIBIT "A'' CITY DITCH RIGHT-OF-WAY LEGAL DESCRIPTION FOR cny PITCH RIGHT-OF-WAY; 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 LOTS 29 TO 34, A PORTION OF LOTS 16 TO 18 AND A PORTION OF THE VACA TED ALLEY, BLOCK 1, HIGGINS ENGLEWOOD GARDENS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS 5.22 FEET SOUTH OF THE NORTHEAST CORNER OF SAID LOT 29, WHENCE THE NORTHEAST CORNER OF SAID SECTION 3 BEARS N03"17'13"E, 561.13 FEET; THENCE N40"35'24"W, 15.50 FEET; THENCE N65°08'45"W, 9.46 FEET; THENCE N55°37'54"W, 14.94 FEET; THENCE N37"41'31"W, 45.11 FEET; THENCE N35"05'19"W, 24.56 FEET; THENCE N50°49'41"W, 7.28 FEET; THENCE N89"45'53"W, 186.16 FEET TO A POINT ON THE WEST LINE OF SAID LOT 18; THENCE N00"14'07"E ALONG SAID WEST LINE OF SAID LOT 18 AND SAID LINE EXTENDED, 50.41 FEET TO A POINT ON THE WEST LINE OF SAID LOT 16; THENCE S25"20'54"E, 28.17 FEET; THENCE S89"45'53"E, 182.83 FEET; THENCE s2s·20'54"E, 28.17 FEET; THENCE SS0°49'41 11 E, 19.57 FEET; THENCE S35'05'19"E, 27.44 FEET; THENCE S37"41 '31 "E, 40.60 FEET; THENCE S55"37'54"E, 8.91 FEET; THENCE S65"08'45"E, 7.08 FEET TO A POINT ON THE EAST LINE OF SAID LOT 31 ; THENCE S00"14'19"W ALONG SAID EAST LINE OF SAID LOT 31 AND SAID LINE EXTENDED, 34.59 FEET TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL CONTAINS 7,656 SQUARE FEET OR 0.1758 ACRES MORE OR LESS. BASIS OF BEARINGS: AN ASSUMED BEARING OF S00'13'03"W BEING THE EAST LINE OF THE NORTHEAST ¼ 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 AND THE OTHER BEING A 2" DIAMETER ALUMINUMCAP STAMPED LS #27011 IN A RANGE BOX AT THE SOUTHEAST CORNER OF THE NORTHEAST ¼ NORTHEAST ¼. 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 A DENVER, CO 80220 W PH: 303-325-5071 EMAIL: damien .cain@39north.net SHEET l OF 2 LINE TABLE LINE LENGTH EXHIBIT "A" CITY DITCH RIGHT-OF-WAY BEARING NORTHEAST CORNER L1 15.50' N40"35'24"W SEC. 3, TSS, R68W ~ FOUND 1.5" AXLE -V L2 L3 L4 LS L6 L7 LB L9 L10 L11 L12 9.46' N65"08' 45"W 14.94' N55"37'54"W 45.11' N37"41'31"W 24.56' N35"05'19"W 7.28' N50"49'41"W 28.17' S25"20'54"E 19.57' S50"49'41"E 27.44' S35"05'19"E 40.60' S37"41'31"E 8.91' S55"37'54"E 7.08' S65"08' 45"E VACATED ALLEY SWR. & UTIL. ESMT. BK 1753 PG 486 EAST JEFFERSON AVENUE (HAMPDEN AVENUE BYPASS) IN RANGE BOX + 0 ---60 SCALE: 1 "=60' --- 34.59' S00i4'19''W POINT OF BEGINNING 120 SHEET 2 OF 2 COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: April 4, 2016 9bv Rite-Aid -707 E. Jefferson Ave., Exchange of ROW, Grant of ROW and Grant of Temporary Construction License-2 nd reading Initiated By: Staff Source: Utilities Department Tom Brennan , Director of Utilities PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION The Utilities staff recommends Council approve a bill for an ordinance, on second reading, approving the Grant of Right of Way, Grant of Temporary Construction License and Exchange of Right of Way Agreement requested by KRF 965, LLC for construction of the Rite-Aid building. -BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED KRF 965 LLC purchased the former Sally'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 25' wide City Ditch right of way and will be establishing a new 25' wide City Ditch right of way to connect the replaced piping to the existing ditch . The Grant of Temporary Construction License allows construction during the right of way exchange. The Englewood Water Board, at their February 9, 2016 meeting, approved the Grant of Right of Way, Exchange of Right of Way Agreement and Grant of Temporary Construction License to KRF 965 LLC. FINANCIAL IMPACT Exchanging the existing City Ditch right-of-way and the construction for rerouting the City Ditch into the new right of way will be done at the sole expense and liability of the licensee, KRF 965 LLC. LIST OF ATTACHMENTS Bill for Ordinance Grant of Right of Way, Grant of Temporary Construction License, Exchange of Right of Way Agreement. ' (. . • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: March 14, 2016 11aiv Rite-Aid -707 E. Jefferson Ave., Exchange of ROW, Grant of ROW and Grant of Temporary Construction License Initiated By: Staff Source: Utilities Department Tom Brennan, Director of Utilities PREVIOUS COUNCIL ACTION None RECOMMENDED ACTION The Utilities staff recommends Council approve a bill for an ordinance approving the Grant of Right of Way, Grant of Temporary Construction License and Exchange of Right of Way Agreement requested by KRF 965, LLC for construction of the Rite-Aid building. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED KRF 965 LLC purchased the former Sally'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 25' wide City Ditch right of way and will be establishing a new 25' wide City Ditch right of way to connect the replaced piping to the existing ditch. The Grant of Temporary Construction License allows construction during the right of way exchange. The Englewood Water Board, at their February 9, 2016 meeting, approved the Grant of Right of Way, Exchange of Right of Way Agreement and Grant of Temporary Construction License to KRF 965 LLC. FINANCIAL IMPACT Exchanging the existing City Ditch right-of-way and the construction for rerouting the City Ditch into the new right of way will be done at the sole expense and liability of the licensee, KRF 965 LLC. LIST OF ATTACHMENTS Bill for Ordinance Grant of Right of Way, Grant of Temporary Construction License, Exchange of Right of Way Agreement.