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Home My WebLink About2014 Ordinance No. 059• ORDINANCE No.@_ SERIES OF 2014 CONTRACT NO~ q3-z_c\~ BY AUTHORITY COUNCIL BILL NO. 62 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE AUTHORIZING A "LICENSE FOR A CITY DITCH CROSSING AGREEMENT", AND A 11TEMPORARY CONSTRUCTION EASEMENT" WITH SOUTH SUBURBAN PARK AND RECREATION DISTRICT FOR THE INSTALLATION OF A BIKE TRAIL CROSSING CALLED "BIG DRY CREEK TRAIL CONNECTION" CROSSING ENGLEWOOD'S CITY DITCH RIGHT-OF-WAY AT SOUTH WINDERMERE. WHEREAS, South Suburban Park and Recreation District submitted a License for a City Ditch Crossing Agreement and a Temporary Construction Easement to the City; and WHEREAS, the License Agreement and the Temporary Construction Easement will allow South Suburban to install a Bike Trail across Englewood's City Ditch Right-of-Way at the location of South Windermere -Cornerstone Park; and • WHEREAS, the Englewood Director of Utilities recommended approval of the "License-City Ditch Crossing Agreement'1, and a "Temporary Construction Easement" to South Suburban Park and Recreation District at the Board's October 7, 2014, meeting; and • WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of the "License-City Ditch Crossing Agreement", and a "Temporary Construction Easement" to City Council at their October 7, 2014 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The License Agreement for a City Ditch Crossing, attached hereto as "Exhibit 1," is hereby approved by the Englewood City Council. Section 2. The Director of Utilities is hereby authorized to execute the License Agreement for a City Ditch Crossing and the Temporary Construction Easement for and on behalf of the City of Englewood, Colorado . Section 3. The Temporary Construction Easement, attached hereto as "Exhibit 2" is hereby approved by the Englewood City Council. Section 4. The Director of Utilities is hereby authorized to sign the Temporary Construction Easement for and on behalf of the City of Englewood, Colorado . Introduced, read in full, and passed on first reading on the 20th day of October, 2014. 9 b iii Published by Title as a Bill for an Ordinance in the City's official newspaper on the 24th day of • October, 2014. Published as a Bill for an Ordinance on the City's official website beginning on the 22nd day of October, 2014 for thirty (30) days. Read by title and passed on final reading on the 3rd day of November, 2014. Published by title in the City's official newspaper as Ordinance No. -:;,-} Series of 2014, on the 7th day of November, 2014. · Published by title on the City's official website beginning on the 5 th day of November, 2014 for thirty (30) days. P. Penn, Mayor I, Loucrishia A. Ellis, 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. 5:J, Series of 2014. • • LICENSE AGREEMENT FOR A CITY DITCH CROSSING OF THE "BIG DRY CREEK TRAn.. CONNECTION" BIKE TRAIL TIIlS LICENSE AGREEMENT, made and entered into as of the __ day of ________ _, 2014, by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, whose address is 1000 Englewood Parkway, Englewood, CO. 80110 hereinafter referred to as "City", and SOUfH SUBURBAN PARK AND RECREATION DISTRICT, whose address is 6631 South University Boulevard, Centennial, CO. 80121, hereinafter referred to as "Licensee." WITNESSETH The City, without any warranty of its title or interest whatsoever, hereby authorizes Licensee, its successor or assigns, to install a Bike Trail crossing over the City's Right-of-Way for the City Ditch, in the County of Arapahoe, State of Colorado, described as a parcel of land situated in the: South East¼ of Section 9, Township 5 South, Range 68 West, of the 6111 P .M., City of Englewood, County of Arapahoe, State of Colorado. Being more particularly described in the attached hereto Exhibit A. The above-described parcel contains 0.093 acres (4,052 square feet) more or less •. 1. Any construction contemplated or performed under this License shall comply with and conform to reasonable standards formulated by the Director of Utilities of the City; and such construction shall be performed and completed in substantial conformance with the approved plans, consisting of two sheets, a copy of which is attached as (Exhibit B), and made a part hereof. 2. Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to, Licensee's Bike Trail Crossing so that the City may, in its discretion, inspect such operations. 3. Within sixty (60) days from the date of the commencement of construction of said Bike Trail Crossing, the Licensee shall complete such construction, and shall clear the crossing area of all construction debris and restore the area to its previous condition as nearly as may be reasonable. In the event the clearing and restoration of the crossing area is not completed within the time specified, City may complete the work at the sole expense of Licensee. Construction shall be deemed completed upon written acceptance by the Englewood Director of Utilities. 1 A T T A C H r-t E N T l • 4. City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within City's Right-of-Way at any time and in such manner as City deems necessary or convenient. City reserves the exclusive right to control all easements and installations. In the event the Bike Trail Crossing should interfere with any future use of the City City Ditch Right-of-Way by the City, the Licensee sball, upon request and at its sole expense, relocate, rearrange, or remove its installations so as not to interfere with any such use. 5. Any repair or replacement of any City installation made necessary, in the opinion of the City's Director of Utilities because of the construction of the Bike Trail Crossing or other appurtenant installation thereof shall be made at the sole expense of the Licensee. 6. The stipulations and conditions of this License shall be incorporated into contract documents with any third party contractors. 7. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations. 8. Licensee shall contact and fully cooperate with City's personnel, and the construction shall be completed without interference with any lawful, usual or ordinary flow of water through the City ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch 9. All trenches or holes within City Ditch Right-of-Way shall be backfilled and tamped to the original ground line consistent with the City's construction standards. 10. AB between the City and Licensee, Licensee by acceptance of this License, expressly assumes full and strict liability for any and all damages of every nature to person or property caused by water from the ditch leaking though the ditch banks or pipeline at the point or points where the Licensee performs any work in connection with the crossing provided by this Licensee. The Licensee assumes all responsibility for maintenance of the installation. 11. It is expressly agreed that in case of Licensee's breach of any of the within promises, City may, at its option, have specific performance thereof, or sue for damages resulting from such breach. 12. Insurance. South Suburban Park and Recreation District is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10- 101, et seq., as amended {the "GIA''), and shall maintain at all times during the term of this Agreement such liability insurance, by commercial policy or self. insurance, as is necessary to meet its liabilities under the GIA. The South Suburban Park and Recreation District shall show proof of such insurance satisfactory to the City, if requested by the City. 2 The South Suburban Park and Recreation District shall require each Agreement with their Consultant and Contractor that arc providing Goods or Services hereunder, to include the insurance requirements necessary to meet Consultant or Contractor liabilities under the OJA. 13. As consideration for this License, Licensee shall pay for all costs for construction of this Bike Trail Crossing, including enclosing the City Ditch in,pipe in this area consistent with the drawings attached as Exhibit B. 14. Licensee assumes all responsibility for maintenance of the Bike Trail Crossing in accordance with the standards and practices of South Suburban Parks and Recreation District and consistent with other South Suburban Parks and Recreation District facilities including: a. Removal of litter and debris from the Bike Trail; b. Managing vegetation along the Bike Trail, including mowing of Bike Trail shoulders, trimming of hazardous limbs from trees, maintenance of irrigation systems and removal of noxious weeds along the Bike Trail using a method approved for use near drinking water source; c. Maintaining Bike Trail surfaces, signagc, rest areas, furnishings, and trash receptacles; d Removal or painting over graffiti; e. Repairing structural damage to Bike Trail surfaces, retaining walls, and fences; and f. Use reasonable measures to control vandalism and dumping along the Bike Trail. 1 S. South Suburban Park and Recreation District is hereby acknowledges that the Trail is incidental to the priority use of the City Ditch and agrees that should there be a conflict between the priority use of the City Ditch and South Suburban Park and Recreation District's recreational use, the safety and continuation of the City's use shall control. In granting the above authorimtion, City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under control of City. IN WITNESS WHEREOF this instrument has been executed as of the day and year first 3 bove written. CITY OF ENGLEWOOD. COLORADO Stewart H. Fonda, Director of Utilities ,Chairman The undersi;ned officer of Licensee has read the foregoing License and agrees for on behalf of said Licensee that it will accept and will abide by all tho tenns and conditions thereof. STATE OF COLORADO ) } ss. LICENSEE: SOUTH SUBURBAN PARKS & REC John K. stermiller, President ddress: 6631 South University Blvd. Centennial, CO 80121·2913 303 798•5131 COUNTY OF ARAPAHOE ) The foregoing Agreement was aclmowledged before me this~ day orCJ~. 2014, by John K. Ostermiller. President of South Suburban Park and Recreation District. ~ Notary Public My Commission expires: /ten 7 I~ 2~ 19 I f . W,~aA K. SHEP! Q:.\I :J NOTARY Fl.' , I ~ STATE OF C".:-•• I.ADO NOTARY lD 199«Wu10455 111\'COIIIIISION ..,._APRIL 16, %018 4 • EXHIBIT "A" LEGAL DESCRIPTION A TRAIL EASEMENT OVER ANO ACROSS A PORTION OF THE ENGLEWOOD CITY DITCH LOCATED IN THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6111 PRINCIPAL MERIDIAN ; CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO: BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9, HAVING AN ASSUMED BEARING OF NORTH 00°05'41" EAST. COMMENCING AT THE SOUTH QUARTER OF SAID SECTION 9; THENCE NORTH 03°37'06" EAST A DISTANCE OF 743.96 FEET TO A POINT ON THE SOUTHERLY RIGHT- OF-WAY OF THE ENGLEWOOD CITY DITCH, ALSO BEING THE POINT OF BEGINNING; THENCE THE FOLLOWING SIX (6) COURSES; 1. NORTH 13•10120" EAST, A DISTANCE OF 56 .54 FEET; 2. NORTH 25°12'18" EAST, A DISTANCE OF 41.45 FEET; 3. NORTH 26°08'43" EAST, A DISTANCE OF 3.91 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 16.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS NORTH 65•02'04" WEST; 4. NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 71°14'36", AN ARC LENGTH OF 19.89 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 50.00 FEET; 5. NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39"3T11". AN ARC LENGTH OF 34.57 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLY HAVING A RADIUS OF 62.00 FEET; 6. NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 23°13'41", AN ARC LENGTH OF 25.14 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF SAID ENGLEWOOD CITY DITCH; THENCE NORTH 27°44'02" EAST, ALONG SAID NORTHERLY RIGHT-O-WAY, A DISTANCE OF 79.23 FEET TO THE BEGINNING OF A NON-TANGENT CURVI: CONCAVE WESTERLY HAVING A RADIUS OF 45.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 62°15'36" WEST; THENCE THE FOLLOWING FIVE (5) COURSES; 1. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60"56'19", AN ARC LENGTH OF 47.86 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 174.00 FEET; 2. SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09°30'10", AN ARC LENGTH OF 28.86 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLY HAVING A RADIUS OF 42 .00 FEET; V :\54214-02 -City Ditch Easement\Legals\Trall Easement.docx Pagell3 • • 3. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32°00'18", AN ARC LENGTH OF 23 .46 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 30.00 FEET; 4. SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53°57'2611 , AN ARC LENGTH OF 28.25 FEET; 5. SOUTH 62°15'58" EAST, A DISTANCE OF 13.75 FEET TO A POINT ON SAID SOUTHERLY RIGHT- OF-WAY OF ENGLEWOOD CITY DITCH; THENCE SOUTH 27"44'02" WEST, ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 132.43 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 0.093 ACRES, (4,052 SQUARE FEETI, MORE OR LESS. EXHIBIT ATTACHED ANO MADE A PART HEREOF. . ~MIi~ lo-\)0 L ICt, ~~ •••••••• ~f'." • ..,. :QI~ \\~-14/! : ~~ : .r. •• •• ~ JAMES E. LYNCH , PLS NO. 37933 ;r✓, ••••--•••' c.,'5 FORAND ON BEHALF OF AZTEC CONSULTANTS, ~t l~~O 300 E. MINERALAVE., SUITE 1, LITTLETON, 0080122 n1111111 303-713-189S- V :\54214·02 • City Ditch Easement\Legals\Trall Easement.docx Page213 ILLUSTRATION PARCEL LNTAINS 4,052 (SQ.FT.) & 0.093 ACRES ~ :ORE OR LESS ;I; .Jo i ~ I I • ~ Jr: 0 ~ e Q 1:/l I a, 8 a N65"a i~ -r ~ ~ I N26 ·os' 43 w 5 3.9 I!!• I! I UJ~ I N25'12'18" in p 41.4 ~8 ~ % i!: 51 0 ,- ~ ~ TO EXHIBIT A APPROX/AMT£ L/1,,(J'f'S tNGL~OO CITY DITCH CURVE Ct C2 CJ C4 cs ca C7 A PARCEL Or LANO IN ll-lE SOUTHEAST QUARTER SECTION 9 T. 5 S., R. 68 W. CITY OF' ENGLEWOOD PARCEL NO, 2077-09-4-00-015 BOOK 1864, PAGE 517 CURVE TABLE DELTA RADIUS LENGTH 7114'38. 16.00' 19.89' 39'37°11· 50.00' 34.Sr 23,3•41• 62,00' 25.14' 60'58'19• 45.00' 47.86' 9°30'10· 174,00' 28.86' 32'00°18. 42.00' 23.48' 53"57'26" JO.00' 28.25' POINT Of COMMENCEMENT 0 25 50 100 SOUTH 1/4, SEC. 9 T!iS. R6BW, 8lH P.M. '_I l inch = 50 ft. NOTE: llllS DRA~G DOES NOT REPRESENT A FIELD MONUMENTED SURVEY AND JS ONLY INlENDED lO DEPICT 1lfE ATTACHED LEGAL DESCRIPTION. 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PIIIIEflU&JI: DAIE 14107.00 QS,23.14 Dl3CIQ BN 1111/,llt KO Cl(Mlt8N ......... ,u,, .................. . !t'GIHi ••• .. •• .. ••u••••••••••••••••••••• .tlllDJll'nat can.trudJr:n DocwMnla SltlET1111.t ................... . Layout a Matartall Plan SltlET_ ............... . D 15 611 Im. I 5 lO AREA'B' L2.10 SCALI: l""J0'-0" SHEET OF • GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR CITY DITCH CROSSING BY ,.BIG DRY CREEK TRAIL CONNECTION" BIKE TRAIL THIS EASEMENT AGREEMENT is made this_ day of _____ _...._, 2014, between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado. acting through its Water and Sewer Board ("Grantor") (hereinafter referred to as "the City"); and SOUTH SUBURBAN PARK AND RECREATION DISTRICT, ("Grantee"). WHEREAS, Grantor owns a Right-of-Way for the City Ditch, a carrier ditch ("City Ditch,.) R~w••), which is located as described as Exhibits A and B; and WHEREAS, Grantee desires to install a Bike Trail Crossing within the City Ditch Right-of- Way pursuant to a License between the parties executed _______ • 2014; NOW THEREFORE. in consideration of the mutual covenants of the parties, more particularly hereinafter set forth, the adequacy and sufficiency of which are hereby acknowledged, it is agreed a~ follows: 1. Temporary Construction Easement. Grantor hereby grants to Grantee, its successors. assigns, contractors, and sub-contractors, a non-exclusive temporary construction easement through, over, under and across the City Ditch R..Q..W for the installation of a Bike Trail Crossing pursuant to the License Agreement (the "Project"), attached as Attachment 1. 2. Tenn of Easement. The Project will begin no sooner than November 2, 2014 and will be completed no later than December 31, 2014. Completion of the Project will be deemed to have occurred upon inspection and approval of the Project by Grantor, and this Temporary Easement wm be deemed to have tenninated upon such completion. 3, Access. Grantee shall have the temporary non-exclusive right to enter the City Ditch R-0-W for any reasonable purpose necessary or prudent for the construction of the Project subject to the following restrictions: 1) Nonnal working hours shall be consistent with COOT construction hours, Monday tlvough Friday; and 2) the operation of the equipment and heavy trucks will be permitted on the Englewood City Ditch R-0-W only during normal working hours. 4. Restoration. Upon completion of the Project. Grantee will perfonn such restoration and regardini as is necessary or prudent to restore the surface of the City Ditch R..Q.. W to its original condition. 5. Liability. Grantee hereby acknowledges that it understands that there is water flow in the City Ditch from April 1 to November 1 of each year. and Grantee will assume liability for any damage to adjoining property caused by water flow from the City Ditch or Pfpcline at the point where the work is to be perfonned. 6. Insurance: South Suburban Park and Recreation District is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101, et seq., as amended (the "GIA"), and shall maintain at nil times during the tcnn of this Agreement such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. The South Suburban Parle and Recreation District shall show proof of such insurance satisfactory to the City, E X H I B I T 2 if requested by the City. The South Suburban Park and Recreation District shall require each Agreement with their Consultant and Contractor, that are providing Goods or Services hereunder, to include the insurance requirements necessary to meet Consultant or Contractor liabilities under the OIA. 7. AssignmcnL This Temporary Construction Easement is assignable only with the written permission of the City of Englew~ which pcnnission will not be unreasonably withheld, conditioned, or delayed. IN WITNESS WHEREOF, the parties hereto have executed trus Temporary Constnicrion Easement on the date and day first written above. CITY OF ENGLEWOOD, COLORADO By. ______________ _ Stu Fonda, Director of Utilities ENGLEWOOD WATER. AND SEWER. BOARD By. _______________ _ 'Chairman The undersigned officer of Grantee has read che forcgoina Temporary ConslnJction Easement and o~ r or on behalf of soid Grantee that ii will accept and will abide by all che tenns and conditions thereof: outh University Blvd. ennial, Co. 80121 -2913 303 798-5131 STATE OF COLORADO ) ) ss. co~ OF ARAPAHOE ) ff,.. /') ~.L The foregoing instrument Willi oclmowledged before me this _i_ day of _l/_VtU_>_JfJ.~ _ _, 2014, by John K. OstenniUer, President of South Suburban Puk and Recreation Di11tricL ,/ ~ ~~ission expires: . '!:!j:!./l t I:[. 2(218 t I 00.-:t•~ Ct !""8:.-:FC ,A,-~, NOTN~V ru .-uc STATE fj F CO! , -~,DO NOTARY ID 19Uci•l }·104 .;5 llff CCMIISSIOH EXPIRES APRIL 16, 2018 2 • LICENSE AGREEMENT FOR A CITY DITCH CROSSING OF THE "BIG DRY CREEK TRAIL CONNECTION" BIKE TRAIL TIIlS LICENSE AGREEMENT, made and entered into as of the __ day of --------~ 2014, by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, whose address is 1000 Englewood Parkway, Englewood, CO. 80110 hereinafter referred to as "City", and SOUTH SUBURBAN PARK AND RECREATION DISTRICT, whose address is 6631 South University Boulevard, Centennial, CO. 80121, hereinafter referred to as "Licensee." WITNESSETH The City, without any warranty of its title or interest whatsoever, hereby authorizes Licensee, its successor or assigns, to install a Bike Trail crossing over the City's Right-of-Way for the City Ditch, in the County of Arapahoe, State of Colorado, described as a parcel of land situated in the : South East¼ of Section 9, Township 5 South, Range 68 West, of the 6th P.M., City of Englewood, County of Arapahoe, State of Colorado. Being more particularly described in the attached hereto Exhibit A The above-described parcel contains 0.093 acres (4,052 square feet) more or less . 1. Any construction contemplated or performed under this License shall comply with and conform to reasonable standards formulated by the Director of Utilities of the City; and such construction shall be performed and completed in substantial conformance with the approved plans, consisting of two sheets, a copy of which is attached as (Exhibit B), and made a part hereof. 2. Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to, Licensee's Bike Trail Crossing so that the City may, in its discretion, inspect such operations. 3. Within sixty ( 60) days from the date of the commencement of construction of said Bike Trail Crossing, the Licensee shall complete such construction, and shall clear the crossing area of all construction debris and restore the area to its previous condition as nearly as may be reasonable. In the event the clearing and restoration of the crossing area is not completed within the time specified, City may complete the work at the sole expense of Licensee. Construction shall be deemed completed upon written acceptance by the Englewood Director of Utilities. 1 E X H I B I T l 4. City shall have the right to maintain, install, repair. remove or relocate the City Ditch or any other of its facilities or installatioos within City's Right-of-Way at any time and in such manner as City deems necessary or convenient. City reserves the exclusive right to control all easements and installations. In the event the Bike Trail Crossing should interfere with any future use of the City City Ditch Right-of-Way by the City, the Licensee shall, upon request and at its sole expense, relocate, remrange, or remove its installations so as not to interfere with any such use. 5. Any repair or replacement of any City installation made necessary, in the opinion of the City's Director of Utilities because of the construction of the Bike Trail Crossing or other appurtenant installation thereof shall be made at the sole expense of the Licensee. 6. The stipulations and conditions of this License shall be incoi:porated into contract documents with any third party contractors. 7. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations. 8. Licensee shall contact and fully cooperate with City's personnel, and the construction shall be completed without interference with any lawful, usual or ordinary flow of water through the City ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch 9. All trenches or holes within City Ditch Right-of-Way shall be backfilled and tamped to the original ground line consistent with the City's construction standards. 10. AP, between the City and Licensee, Licensee by acceptance of this License, expressly assumes full and strict liability for any and all damages of every nature to person or property caused by water from the ditch leaking though the ditch banks or pipeline at the point or points where the Licensee performs any work in connection with the crossing provided by this Licensee. The Licensee assumes all responsibility for maintenance of the installation. 11. It is expressly agreed that in case of Licensee's breach of any of the within promises, City may, at its option, have specific performance thereof, or sue for damages resulting from such breach. 12. Insurance. South Suburban Park and Recreation District is a ''public entity'' within the meaning of the Colorado Governmental Immunity Act, CRS §24-10- 101, et seq., as amended (the "GIA"), and shall maintain at all times during the term of this Agreement such liability insurance, by commercial policy or self- insurance, as is necessary to meet its liabilities under the GIA. The South Suburban Park and Recreation District shall show proof of such insurance satisfactory to the City, if requested by the City. • • 2 • The South Suburban Parle and Recreation District shall require each Agreement with their Consultant and Contractor that are providing Goods or Services hereunder, to include the insurance requirements necessary to meet Consultant or Contractor liabilities under the GIA. 13. As consideration for this License, Licensee shall pay for all costs for construction of this Bike Trail Crossing, including enclosing the City Ditch in,pipe in this area consistent with the drawings attached as Exhibit B. 14. Licensee assumes all responsibility for maintenance of the Bike Trail Crossing in accordance with the standards and practices of South Suburban Parks and Recreation District and consistent with other South Suburban Parks and Recreation District facilities including: a. Removal of litter and debris from the Bike Trail; b. Managing vegetation along the Bike Trail, including mowing of Bike Trail shoulders, trimming of hazardous limbs from trees , maintenance of irrigation systems and removal of noxious weeds along the Bike Trail using a method approved for use near drinking water source; c. Maintaining Bike Trail surfaces, signage, rest areas, furnishings, and trash receptacles ; d. Removal or painting over graffiti; e. Repairing structural damage to Bike Trail surfaces, retaining walls, and fcnces ;and f. Use reasonable measures to control vandalism and dumping along the Bike Trail. 15 . South Suburban Park and Recreation District is hereby acknowledges that the Trail is incidental to the priority use of the City Ditch and agrees that should there be a conflict between the priority use of the City Ditch and South Suburban Park and Recreation District's recreational use, the safety and continuation of the City's use shall control. In granting the above authorization, City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under control of City. IN WITNESS WHEREOF this instrument has been executed as of the day and year first 3 bove written. CITY OF ENGLEWOOD. COLORADO Stewart H. Fonda, Director of Utilities ,Chainnan The undersianed officer of Licensee has read the foregoing License and agrees for on behalf of said Licensee that it will accept and will abide by all the terms and conditions thereof. STATE OF COLORADO ) ) ss. LICENSEE: SOUTH SUBURBAN PARKS & REC John K.. stennilter, President ddress: 6631 South University Blvd. Centennial, CO 80121-2913 303 798-5131 COUNTY OF ARAPAHOE) The foregoing Agreement was acknowledged before me this C day orCJ~. 2014, by John K.. Ostermiller, President of South Suburban Park mid Recreation District. w-::,,:: Notary Public My Commission expires: 1/er, l 1;;; 2a 18 I 11 I W.~~ K. SHEP~t \·J !J NOTARY F'.' \ · ~ STATE OF C'~-_ • ..;,DO NOTARY ID 199Mfi10455 rtft C0181111110N ~ APRIL 111, 2018 • • • • EXHIBIT u A" LEGAL DESCRIPTION A TRAIL EASEMENT OVER ANO ACROSS A PORTION OF THE ENGLEWOOD CITY DITCH LOCA TEO IN THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 VVEST OF THE 6WI PRINCIPAL MERIDIAN; CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARtNGS: THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9, HAVING AN ASSUMED BEARING OF NORTH 00"05'41" EAST. COMMENCING AT THE SOUTH QUARTER OF SAID SECTION 9; THENCE NORTH 03°37'06" EAST A DISTANCE OF 743.98 FEET TO A POINT ON THE SOUTHERLY RIGHT· OF-WAY OF THE ENGLEWOOD CITY DITCH, ALSO BEING THE POINT OF BEGINNING; THENCE THE FOLLOWING SIX (6) COURSES; 1. NORTH 13'10'20" EAST, A DISTANCE OF 56.54 FEET; 2. NORTH 25°12'18" EAST, A DISTANCE OF 41.4$ FEET: 3. NORTH 26'08'43" EAST, A DISTANCE OF 3.91 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 16.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS NORTH 65°02'04" WEST; 4. NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 71°14'38", AN ARC LENGTH OF 19.89 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 50.00 FEET; 5. NORTHWESTERL V ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39•3r11", AN ARC LENGTH OF ~.57 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLY HAVING A RADIUS OF 82.00 FEET; 6. NORTHERLY ALONG SAIO CURVE THROUGH A CENTRAL ANGLE OF 23•13•41", AN ARC LENGTH OF 25.14 FEET TO A POINT ON THE NORTHERLY RIGHT-OF·WAY OF SAID ENGLEWOOD CITY DITCH; THENCE NORTH 27°44'02" EAST, ALONG SAID NORTHERLY RIGHT-0-WAY, A DISTANCE OF 79.23 FEET TO THE BEGINNING OF A NON-TANGENT CUijVE CONCAVE WESTERLY HAVING A RADIUS OF 45.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 62°15'38" WEST; THENCE THE FOLLOWING FIVE (5) COURSES; 1. SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 60°56'19", AN ARC LENGTH OF 47.88 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 174.00 FEET; 2. SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 09~30•1o•i. AN ARC LENGTH OF 28.88 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE EASTERLY HAVING A RADIUS OF 42 .00 FEET; V:\54214-02 • City Ditch Easement\Legals\Trall Easement.doc1C Pagell3 ! I ¼ A , SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 32"00118", AN ARC LENGTH OF 23.46 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 30.00 FEET: 4. SOUTHEASTERL V ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 53•sT26", AN ARC LENGTH OF 28.25 FEET; 5. SOUTH 62°15'58· EAST, A DISTANCE OF 13,75 FEET TO A POINT ON SAID SOUTHERL V RIGHT- OF-WAY OF ENGLEWOOD CITY DITCH ; THENCE SOUTH 27°44'02"WEST, ALONG SAID SOUTHERLY RIGHT-OF-WAY, A DISTANCE OF 132.43 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 0.093 ACRES, {4,052 SQUARE FEET}, MORE OR LESS. EXHIBIT ATTACHED ANO MADE A PART HEREOF JAMES E. LYNCH, PLS NO. 37933 FOR AND ON BEHALF OF AZTEC CONSUL TAN 300 E. MINERAL AVE ., SUITE 1, umETON, co 303-713-1898 • ·, • • •• V:\S4214-02 -City Dltch Easement\Legals\Trall Easament .doc:>t Paaell3 • • ILLUSTRATION TO EXHIBIT A LRCEL LTAINS I 4t052 (SQ.FT.) 0.093 ACRES MORE OR LESS ..... I APPROX/AM TE' LIMITS ENGLWOOD Cir/ DITCH A PARCEL Or LAND IN 1HE SOUlHEAST QUARTER SECTION 9 T. 5 S., R. 68 W, CITY OF' ENGLEWOOD PARCa NO, 2077-09-4-00-015 B001< 1884, PAGE 517 CURVE TABLE CURVE DELTA RADIUS LENGTH POINT Of' COMMfNCEMENT SOUTH 1/◄, SEC. 9 T55, ROBW, 8TH P,1.1, C1 11i4•35• 18.00' 19.89' C2 39"37'11· 50.00' 34.57' CJ 2J'13'4t• 82.00' 2S.14' C4 60'55'19• 45,00' 47.88' C5 9-:,0•10• 174.00' 28.86' C6 32-00'18• 42.00' 23.48' C7 5Y57'26• 30.00' 28.25' 0 25 SO I ____ , l lnch = 50 fl 100 ! NOlE: 1HIS DRA'MH0 DOES NOT REPRESENT A FIELD MONUMENTED SURVEY ANO IS OHLY INlENDm TD DEPICT lHE ATTAaiEO LEGAL DESCRIPTION. o.: A Otl:. __ _ D~'ltl _ _.8.,_l ... 2l"i...,.l .. 14 __ _ SCA1.t1 ,~ -so• EASEMENT EXHIBIT SE 1/4, SEC. 9, T5S, R68W, 6TH P.M. COUNTY OF' ARAPAHOE, COLORADO 544-0 3 3 • • /--1 •. I I / / 1' I I I I 1 / I I I I I I I I I r. 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Layout& Mat ctll'.Sl'lafl a IS 60 n...... : 5 30 $CAI.Ea J••J0'-0" AREA'B' L2.10 ... ' - COUNCIL COMMUNICATION DATE AGENDA ITEM SUBJECT October 20, 2014 11 a ii License Agreement with South Suburban Parks & Recreation Division INITIATED BY STAFF SOURCE Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board recommended at their October 14, 2014 meeting Council approval of the Ordinance for the license agreement and construction easement with South Suburban Park and Recreation District for the Big Dry Creek Trail connection. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED License Agreement South Suburban Parks and Recreation District has requested a license agreement to build a bike path across the City Ditch right-of-way. The Big Dry Creek Trail connection is located at S. Windermere, adjacent to Cornerstone Park. This section is part of South Suburban's master plan for a bike path that spans the South Denver Metro area. The license agreement and construction easement is for the portion that ends in Englewood and terminates at the Big Dry Creek bike path. Construction Easement Plans were submitted and approved for the construction of a bike path crossing the City Ditch. The construction easement will expire once the bike path is completed. The license agreement will then allow crossing access over Englewood's City Ditch. The construction easement location is the same legal as noted in the license agreement. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Location Map Approved Water and Sewer Board Minutes from October 7, 2014 Bill for Ordinance i j I I! ,t,i . ,!w ... # 4 BIG DRY CREEK TRAIL CROSSING OF CITY DITCH CITYDITCH MATCHUNE -SEE SHEET L2.9 CROSSING LICENSE s WINDERMERE SlREET ~ OP BEAJIIIIG • # 3 BIG DRY CREEK TRAIL CONNECTION AT BELLEVIEW PARK ,os• u • s 2035.oo' e UTHE.lST QUAIITEll SECTION.------------------------•••-•••--••-•••--••....i.---------------------!+.F-----•••-•••-•••-••---·--···-··--·-· • -• It \ • i ~ . . ' . ; ., . . .,... -~-... , -~ i ~ ,. -. .-. . . ~ -·u •-,;=. .:__ .• <--·• --• .-::::::7 •.i ':-.. '<C~;_•;;;..;:....-..':........,.:;:;...,;a,;._...:;.. ------•---• --M1------•-------- --4-T-""U~ --~ ,--•~~----":.E:"),..:..,..., I 'e---0. •.. ::.5-~ . \ --' -" -. --_. -., . .o-.-,,: ; . . --. -·. \ \ ' ..,_--, ~~-. -"WI"' q . ~ ~ I t-4).,_, uv..-... .• ""'_... ---, ,.. -_ \ } ·.-, '-...., ·--1 I .:2 -~"" ----· °-i .... -' 0 \ ~ ~ -, I I ~' -~' .'--.i., \ I .. ' .,. I ,...._..,._ , ..... -~--~ ' --. , ... -----.. .. '\ '\ ----..ac, ' (' "\,IE \ ~'U J -.,C/Tl,,-..... ..... . . ,s~, 6 ~ 1ft ~ ~...c ., i_ -• -'IJ&l!>ITic--;_,~-.... , • ", .• .....~ --..!.•...,_ .... _ ~ . \ . ' ' ' r-.~=q. ,&~ ' . -t~ <:" J ~ I ·• .• ., @-..1 0 . "< ... l . \ ' ~...., -''11:--•• ' 0 • ..~v z . d'I! . ill . ,· 0 ~EXISTING BIG DRY ~ ., . r CREEKTRAIL -~1/k --.·• . """--~ . ---------, ... ~~, Ti~~ ._-.' ............. .. ...... -:1• --.n, -Ax rr,, , , . '...., . \ ' f ll \ )7 ' ,-;i 0~ 8-~~ ,,_G> -......... A&f{/ ·-•~ ~~ 9t<OJ,;,,/ ,1;~ ---: , . 'i ( , ) r---__ ~ ~_:::.--:: -"' \ ( -------------µ•'-~1,,_ :..----' \ t ...... , .... --~ ,g .. :--:-~l I , ( ,,,\.~~1! • e I IS .. .... I • IC.U&NN" AREA'B' 0 IIN llUH CL'ar-i:=t.:.--- ""'111:C'~I .. _ ..... _ ·---.. _ ... ~-==:~i.~ C 0 ~ ~ C 0 (.) ~ NAC'...,, w.• WIGlJIO GNJ,,t• ..... --IC•K · 1d•-= .a4..:.._... ........... ·-l!. ,. I• WATER & SEWER BOARD MINUTES OCTOBER 7, 2014 El Present: Wiggins, Penn, Olson, Lay, Gillet, Oakley, Habenicht, Waggoner Absent: Bums, Moore Also present: Stewart Fonda, Director of Utilities John Bock, Manager of Administration Mr. Yates, Englewood Councilperson The meeting was called to order at 5:00 p.m. e 1. MINUTES OF THE SEPTEMBER 9, 2014 WATER BOARD MEETING. The Board received the minutes of the September 9, 2014 Water and Sewer Board meeting. Motion: Moved: Motion carried. e To approve the August 19, 2014 Water and Sewer Board meeting minutes as written. Waggoner Seconded: Habenicht GUESTS: DAVID HILL AND PETER NICHOLS OF BERG, HILL & GREENLEAF AND JOE TOM WOOD OF MARTIN & WOOD APPEARED TO DISCUSS THE HISTORY AND USAGE OF ENGLEWOOD'S WATER RIGHTS. Dan Brotzman, Englewood City Attorney noted that David Hill is working an inventory of water rights. 2. LICENSE AGREEMENT WITH SOUTH SUBURBAN PARKS & REC. FOR THE BIG DRY CREEK TRAIL. South Suburban Parks and Recreation District has requested a license agreement to build a bike path across the City Ditch right-of-way at the Big Dry Creek Trail connection at S. Windermere and Cornerstone Park. This is part of South Suburban's master plan for a bike path that spans the South Denver metro area. The construction easement will expire once the bike path is completed. The license agreement will then allow crossing access over Englewood's City Ditch. Motion: To recommend Council approval of the ordinance for the license agreement and construction easement with South Suburban Parks and Recreations District for the Big Dry Creek Trail connection. Moved: Waggoner Seconded: Lay Motion carried. e 3. McLELLAN DEEP WELL REHABILITATION. The Mclellan de ep well is used to offset demands. t.o maintain due diligence requirements for Englewood's water rights and for augmentation purposes. The well is located on the south side of County Line Road near Dad Clark Gulch. The 20-year old pump and cable are 950' underground and must be replaced. Fi ve b ids were received. Staff recommends Colorado Pump Service & Supply Co. in the amount of $56t044 as the lowest acceptable bidder. Motion: Recommend Council approval of a contract for the rehabilitation of the McLellan deep well pump w ith Colorado Pump Service & Supply Company in the amount of $56,044. Moved: Habenicht Seconded: Waggoner Motion carried. e 4 . SOUTHGATE SUPP. #171. A request was made by the Southgate Sanitation District representing the owner, Aspen Academy Investment Fund, for exclusion of Supplement #171 consisting of a parcel totaling 4 .047 acres out of the Southgate Sanitation District. The property is currently zoned R-1.0 PUD, .. • •.. • > I which is a residential classification, but has a special use permit that allows it to operation as a school. The property is located on the comer of S. University Blvd. and E. Orchard Rd. Through an error, it was believed that this parcel was in the Southgate Sanitation District. It is, however, located in the South Arapahoe Sanitation District. The Petition for Exclusion from Arapahoe County District Court with Southgate Sanitation District was granted on July 8, 2014 and recorded on July 15, 2014. Motion: To recommend Council approval of Southgate Sanitation District Supplement# 171. Moved: Waggner Seconded: Lay Motion carried. g 5. CITY OF CHERRY HILLS VILLAGE SANITATION DISTRICT WASTEWATER CONNECTOR'S AGREEMENT. The Littleton/Englewood Wastewater Treatment Plant is able to receive and treat sewage transmitted by various districts. In the City of Cherry Hills Village Sanitation District there are 9,750 taps. The City of Cherry Hills Village Sanitation District will continue to own the lines and will be responsible for capital improvements in its system. The City Attorney's office has reviewed and approved the City of Cherry Hills Village Sanitation District Connector's Agreement. Motion: To recommend Council approval of the City of Cherry Hills Village Sanitation District Connector's Agreement. Moved: Penn Seconded: Wiggins Motion carried. Q 6. CHERRY HILLS VILLAGE SAN. DISTRICT SANITARY SEWER SUPPLEMENT #5. A request was made by the City of Cherry Hills Village Sanitation District representing the owner, Harrison Oaks North LLC, for inclusion into the City of Cherry Hills Village Sanitation District. The site is on 16.269 acres and is zoned R-2.5 residential. The site will be subdivided into 5 to 6 residential sites. The property is located at 4000 E. Belleview Ave. Motion: . . .. Recommend Council approval of a Bill for an Ordinance approving the City of Cherry Hills Village Sanitation District Sanitary Sewer Supplement #5 for Harrison Oaks North - located at 4000 E. Belleview Ave. Moved: Waggoner Seconded: Habenicht Motion carried. G1 7. ALLEN PLANT ALUM RESIDUALS REMOVAL AND DISPOSAL. Tom Brennan discussed. There are low levels of naturally occurring radionuclides in Englewood's source water that are removed through treatment and ultimately reside in the residuals generated at the plant. The residuals are considered Technologically-Enhanced Naturally Occurring Radioactive Materials (TENORM) and have additional disposal considerations based on the Colorado Department of Public Health and Environment regulatory requirements. The only current means of residual disposal is for disposal at Clean Harbors Deer Trail Facility. Utilities staff is recommending sending an additional 1000 cubic yards of residuals to Clean Harbors. The current contract with Secure On-Site Services USA is still in force, with the vendor willing to honor his bid price from March. It is expected that the price may increase when bids are received next year. - Motion: To recommend disposal of 1000 cubic yards of material by Secure On-site Services USA at a price of $232,846.75 in accordance with the current contract that is in effect. Moved: Waggoner Seconded: Habenicht Motion carried. The meeting adjourned at 6:35 p.m. The next Water and Sewer Board meeting will be Tuesday, November 11, 2014 at 5:00 in the Community Development Conference Room. Respectfully submitted, Cathy Burrage Recording Secretary