HomeMy WebLinkAbout2011 Ordinance No. 006ORDINANCE NO . ft_
SERIES OF 201 I
CON'TRACT. NO, .3 I-J,~ 1 I 9 b i
BY AUTHORITY
COUNCH . ,,ILL NO . 5
INTRODUCE;') ll Y COUNCIL
MEM6ER WILSON
AN ORDINANCE ACCEPTL\JG A UTll..lTY EASEMENT, "GRANT OF EASEMENT" TO
THE CITY OF ENGLEWOOD , COLORADO BY TIMOTHY AND NANCY BAKER FOR A
PROPOSED CITY WATER MAJN TO SERVICE A FUTURE IIOUSING DEVELOPMENT
LOCATED AT SOUTH WINDERMERE STREET AND WEST QUINCY AVENUE.
W"HEREAS, Timothy and Nancy Ba ker submitted a Grant of Easement to the City of
Englc:wuud fo1 a 10 1 easi:mem for a proposed City water main to service ;1 future housing
development ; and
WHEREAS, the existing sewer easement was not large enough to accommodate the additional
proposed water main and an addit io nal 10' cas<·meat is required ; and
WHEREA:;, the proposed casement will ~e for the benefit of Dis tinctive Propertie s to constru ct
the infrastructure for a housing development located at South Windermere Street and West Quincy
Avenue ; and
WHEREAS , the Englew ood Water and Sewer Board reviewco and recommended City Council
approval of the Urant of Easc:ncnt by 11mothy and Nancy Baker at the ir :-<ovember I 0, 20 I 0
meeting ; and
WHEREAS, the passage of this Ord inance will accept the 10 ' easement from Timothy and
Nancy Baker 10 the City ;
NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF TIF: CITY OF
ENGLEWOOD, COLORADO , AS FO LLOWS :
~-The Grant of Easement between Timothy and Nancy Baker 10 the City of
Englewood . Colorado attached hereto as "Exhibit A," is hereb y accepted and approved by the
Englewood City Council.
Section 2. The Mayor is authorized 10 execute and the City Clerk to attest acceptance of the
G1 a11 t of Eascmc111 fo1 and 011 beh alf of the Ci1y of Englewood, Co lorado.
Introduced , read in lull , and passed on lirsl readmg on the 22nd day of February, 2011 .
Published by Title as a Bill for an Ordinance m the Cit y's official new spaper on the 25 th day 0f
February, 201 I.
Pu hhs hecl :ts n Hill for an Ordinance on the City 's official wch~11 e beginnin~ on the .B'o1 day of
Fcbru:1ry, 20 ' I for th irty (30) days .
Read hy title and passed on fin al reading on th e 7'" day ur Man:h. 201 I .
l'uhl ishcd b> title in th e City's official new spape r as O rdinnncc Nn. WJ , Series of 201 I , i,,1
1hc 11 lh d11y nf M;irch , 2011
Publi .•!1ed by ti tle on the C11y's nffieia ! web site hcgi nnin~ on th e 9th cL1y of
Marc :1. 201 I fo r thi11y (30) days .
<~1
5) I '\b }~-~-~~(
::lames K . ~oodwar cl , M:i yor
I, Loucrir.hi a A. Elli s, Cily Cler k of the Cit y of Englewood, Colorado, hereby certify thal the
~hove and foregoing is} true copy of the Ordin:mcc pma;cd on fin.ii rc.,din l; and publi shc:d by
"''""o"''""~ '""---· S•ri••"'" v ~p
~4,osh,aA. El hs
GRANT OF EASEMF.NT
,4
THIS GRANT of Easement (this "Grant") is made this(; day ofO:,raDrr 2010, by
-::mof/2 !1: +-tl1{,c ~ cSa4'er -("Grantor") as the Owners of
/2 ?f W.0"''ac:J dJ1:. , ::nglcwood, Colorado 80~, whose addr .. c is
__ L.Ui MG.,,;,,~ M ----·~~«w.......(co $b//o ,in
favor of the CITY OF GLEWOUO ("G, ant ''-") ose address is I 000 Englewood Parkway,
Englewood, Colorado 80110 .
The parties covenant and agree as follows:
I. Easement Property. The "Easemen: Property" shall mean the real property located in the
Col:llty of Arapal1uc, State ofColorado,more particularly described as a ten foot (10')
easement, as shown on Exhibit A, attached hereto and incorporated herein by reference.
2 . Coosidcratioa. As ~~ideration, Distinctive Builders, LLC has given Grantor
$' t't<ci 0. ""'and other good and valuable consideratior., the receipt of which is
here y acknowledged by Grnntor for this easement for the benefit of the City of
Englewood .
3. Grant ofEasomcnt . ·Grantor hereb y grants to GrJDtec, its successors and assigns, a
perpetual easement over, under, across and through the Easement Property for the
purpose of constructing, operating, maintaining, repairing, replacing, removing,
imFroving and enlarging a water moin.
4. Access. Grantee shall have the perpetual, nonexclusive right of ingress and egress in, to,
over, tbroush and across the Easement Property for any purpose necessary or desirable
fo: .he full enjoy:nent.of the rights granted to Grantee under this Grant.
5. Restoration . Grantee airees that af.ar the construction, maintenance, repair, replacement
or enlargement, if any, for the water main, Grantee shall restore the surface of the
Easement Properly as nearly as possible to the b'fllde and couditious cx.isting immediately
prior to said construction, maintenan ce, repair, replacement or enlargement, except as
may be neces sary to accommodate the wo•.er line. Grantee funher agrees to replace any
to~soi l removed from any culiivatcd o: agricultural areas on the Eru;cment Property and
to remove any exc ess earth resulting r,.-,m said construction, maintenance, repair,
replacement or c:ilargcmcnt, al Grantee's sole cost and expense.
6. No Improvements. Graotor covell2.llts and agrees not to construct, creel, place or plan
any "lmproverocots," as hereinafter defined, on the .casement Property without obtaining
the prior wr:ttcn consent ofGrantr.e . '1mprovemcnts" shall mean any structure, building,
planting, or L·ees other than shrobbcry ·or other small plants and a grass type lawn or
asphalt parking surfar.e. Grantee s:iall have the rig.it to remove, withuut any liability to
Grantee, any improvements constructed. erected . placed or planted on the Easement
Property without Grantor's having obtained the prior written consent of Grantee . If such
prior written consent is not obtained , Grantee sh•II not be responsible for repair or
rep laceme nt of the Irnpro ·,eroents tf they are damaged during construct :on, maint?.ining,
repair, ~epl ac:ment or en!argemenl.
. 8 ..i hj ac cnt an-! :...a,:;u~ Support . Grantor covenants and agrees lhnt Gramc:c shall have tht
right of ~ubjtl -: :it and lbt cra1 s1 :pport on th u Easement Property tc whatever extent i.'i
nccu :mury or dt.·~ir.:.bl:; for thr; 1\1il 1 uomplete und undh:turhcd enjoyment o:~ the rights
granted lo Gr.1 ntee urn !~:-1hk Grant
S. Right s of (i, -1 ntcr . G:-n ntor rc r~rvcs Lhe full right to the und inturhed ownership, uac, ,m d
occu;rnncy ,·.f lh,:-t'..a·.::•;m ~m Prope11y insofar as sai d owncrs!tlp, use, ond Ot;cupnn ey is
co nsistent with anri dn r.n 1101 impRir !hi": right !: granled lo Grantee in this Grnr.t.
9 . /\h;111d01 1mc.nf.. rn the event that C'1rc1nlcc :-:~mil ;J:1anrlnn th e rights crnnt ed to it u:icier 1·1is
Grant, all rights, title and interest hereu:-ider uf Grantee shall cr .. ,s~ and te,mimue, ;md
Gra nlor shall hold Easenenl Property , as lhe same may then he , fr r,e from th e d5ht.s of
Grantee sc abandon~d and shall own all materials and structures of Gra ntee so
abandonec. provided that Grantee shall ha ve a reasonable peri od of time after su id
abandonment in which lo rtmovc an y or all Lines and Appurtenanc es fro m the En sc me111
Pro;:·erty. In the event that Easement is aband oned by Grantee, Granlor sha ll have the
right, at iu iole opti on. t'l require.. Gra ntee to rcmo\'e or nculrali i".c a ny improvements
construct1..'•~ 111 ihe F.ascmcnl by Grantee.
I 0. Warranty of Title. Gramer wwTanls and represent, that Grantor is the owner oflhe
Easemeal Prnpe1ty and that Grantor has full right, title and authority, to grant and convey
lo Grantee the Easement. Grantor'further covenants and agrees lo indemnify , defend and
hold Grantee I,. :nicss from and agninst any adverse claim to the ti.lie to the Easem ent
Property by 1 •• r ad every person or persons IP.wfully claiming or t~ claim the whol e or
any part then ,,; ..
11. Binding .1:itieel. 'Ibis liranl shall extend to and be hindin g upon ll:e hei rs, pcrnonal
representatives, succc :,sc,rs and assi~11s ofthe res pective parties hereto. Tiu: lCi.'llls ,
eoverumls, agreements and conditions in this Graul shall be construed a.s covenants
running with the land
IN WITNESS WH3REOF , the parties hereto have execmed Ibis Urnnt or a Waler Lm,
Utility Eas ement the day and year first above written .
STATE OF COLORADO
1
\uy of D=.,1t,6,._r ,20 Ii). by
.J..u.:!Llllbi...J2~>.:!:.!'..._j::..A.lfl!.~::l....Cl'"'-NL-----•• lbe Owners o(.
-;----..J.'2...'l'-'.4~;,• U:.~~&<;l.J'-'4..LIJ.!.::S.;::::. ____ , Englewood , Co lorado 80-1!l2._.
BRIDGET K. DUGGAN
N~lf'tJ5!!.R9 exp ·
STATE OF COLORADO
My Comm iHlon Elllplres 07/0l'2 U14
XHIBIT
SHEET 1 OF 2
LEGAL DESCRIPTION
A STRIP OF LANO BEING TEN (10) FEET IN WIDTH LYING IN THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF
THE SIXTH PRINCIPAi.. MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE
OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT A PQINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST QUINCY
,WEN Uf, SAID POINT ALSO BEING THE NORTHl'tESTERL Y CORNER OF ENGLEWOOD .
£S TA1lS AS RECORDED UNDER RECEPTION NO . B4205j64 OF THE RECORDS OF THE
1,R.&µAHOE COUNTY CLERK ANO RECORDER, FROM WHENCE THE NORTHEAST CORNER
OF tHF:. NORTHWEST OUARTtR OF THE NORTHEAST QUARTER OF SAID SECTION 9
BEARS NORTH 85'06'46" EAST, A DISTANCE OF .332 .23 FEET ANO CONSIDERING THE
NORTH LINE OF THE NORTHWEST QUARTER i.;F THE NORTHEAST QUARTER OF SAID
SECTION 9 TO BEAR SOUTH 89'42'23" EAST WITH ALL BEARINGS CONTAINED HEREIN
BEING RELATIVE THERETO:
THENCE SOUTH 89"42"23" EAST, ALONG THE NORTHERLY LINE OF SAID ENGLEWOOD
ESTATES ANO SAID SOUTHERLY RIGHT-OF-WAY LINE. A DISTANCE OF w.no F'EET
TO THE POINT OF BEGINNING:
THENCE CONTINUING SOUTH 89'42'23" EAST, ALONG SAIO SOUTHERLY
RIGHT-OF-WAY, A DISTANCE OF 10.00 FEET;
THENCE SOUTH 00·2a·1s· WEST, A DISTANCE OF 76 .50 F'EET TO A POINT ON THE
NORTHERLY LINE OF LOT 6 OF SAID ENGLEWOOD ESTATES;
THENCE ALONG THE BOUNDARY OF SAID ENGLEWOOD ESTATES THE FOLLOWING TWO
(2) COURSES:
1. NORTH 89"42'23" WEST, A DISTANCE OF 10.00 FEET;
2. NORTH 00"28'16" EAST, A DISTANCE OF 76 .50 FEET TO THE POINT OF
BEGINNING,
CONTAINING A CALCULATED AREA OF 765 SQUARE FEET OR 0.018 ACRE, MORE OR
LESS.
EXHIBIT NE COR NWI /4 NE 1 /4 SEC 9,
NW COR NE1/4 SEC 9, SHEET 2 OF 2 15S, R68W FOUNO NO . 5 REZAR
(T55, R68W CALCUtATC:0 P051T llN LS 1208,J 'N RANGE BOX
WEST QUINCY AVENUE
NORTH LINE NW !Li NE 1 /4 SECTION g 1--
BASIS or BEARING S89'4Z'25"E 1321 661
-,
J
-ffi-
~
589'42'23"E 20.00·
FOLINO 100' WITNESS CORNER
ON SECTION LINE -2" ALUM
CAP NO. 6 REBAR LS 28286
IN RANGE BOX
CONTAINS
765 S.F. ±
0.018 AC.±
(Ol~7MF.~.
W@ft.. ~M'ii~!.>JPOOO~H
ll.ll.C
15' SAl~IT/,RY SEWER.../
[:'.iMT OK 110 1 1"'C 5 5 4
SCALE : (=40'
• -INDICATES A CHANGc IN COURSE ONLY.
THIS EXHIBIT DOES NOT REPRESENT A
MONUMENTED SURVEY. IT IS INTENDED
ONLY TO DEPICT THE ATCACHEO
LEGAL DESCRIPTION
POINT OF ~t.?.~
BEGINNING .-:.,e,'ffoo' 4tl""-. -'II~'~
<OJ~llillEIRl,
'll'0~O i!PJW '!fJ!J i OO~llilC'IJ' ~
ISl~~ll:!Rl
U.E & J .E.
I I 6
I l l!IM~l!.lfW I ~IECIEIJ»VOOOO
I
WEST 6~~~~y ~L'<CLE
(NOT CONSTRUCTED)
10' U.E. & S.E.
-PARKWG & SNOW
STORAGE EASEMENT
5 4 3
CAR.ROLL& LANGE ·MANHARD
A~CCCWSIJLTINGCIMPANY ~
f rOlclllliEn,;,menl!iU/ldStJM"jOtS !b·
7441 Soot~ l ucgi Wlf, Suhi 190-ACen:mni:I, Cdotid l 110112 (?03) iCWl ,QSOO
P: \UJl\[UHllS\a.t.llllJltt (5,W T-HtW 1,.oc.u-... IHUI 1 QT 1 . .-Jttl"Nl".0 a.n.u,o. 111.Y,
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
February 22. 2011 9 a i Grant of Easement at South Windermere Street
an u West Quincy Avenue
Initiated By : I Staff Source:
Utilities Department Stewart H . Fonda, Director oi Utilitie~ --
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Board, at their November 9, 20 10 meeting, recommended Council adopt a
bill for an ordinance approving the Grant of Easement located at South Windermere Street and
West Quincy Avenue.
BACKGROUND, ANALYSIS, ANO ALTERNATIVES IDENTIFIED
Timothy and Nancy Baker submitted a request for a Grant of Easement lo the City of Englewood fo r
a 1 O' easement for a proposed City wa ter main lo service a iuture housing development. The
existing sewer ea,ernen t was not big enoi1gh tn accommodate the ,1 dditional wat~r main , so an
additional 1 O' was required. The easement will be for the infrastructure for a future housing
development.
The site is located east of South Windermere Street on the south side of Wes t Qcincy Avenue.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Excerp t from November 9, 2010 Water and Sewer Board Minutes
Bill io, an Oruin•rrce
WATER AND SEWER BOARD
MINUTES
November 9, 2010
The meeting wns called 10 order at 5:04 p.m .
Members present:
Members ab sent:
Also present
Cassidy , Wiggins, Woodward, Olson, Habenichl,
Higday , McCaslin, Cl ark
Burns
Stewart Fonda , ri jrector ofU1ilities
Excerpt from Page 6 nft/1e Not •emher 9, 2010 Water a11d Sewer Board Minutes
4. GRANT OF EASEMENT FOR ENGLEWOOD ACRES .
Timothy and Nancy Baker submitted a Granl of Easemem to Distinctiw Builders for a
IO ' utilities easement to service the future Englewood Ac res development. The l O'
eascmenl is to provide space for a Ci1y water main for the proposed Habitat for Hwnanity
Development.
Mr . Bums moved;
Mr. Cassidy seconded:
Ayes:
Nays :
Absent:
Motion carried.
To recommend Council approval of the Grant of
Easement 10 Distinctive Bt:i!Mrs for a l O' utilities
easement for a water main al 1294 W. Quincy Ave .
from Timothy anc.l Nancy Baker.
Cassidy , Wiggins , \\,Qodward , Olson, Habenicht,
Higday , McCaslin , Clark, Burns
!'\one
None