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HomeMy WebLinkAbout2009 Ordinance No. 043• • • ORDINANCE NO. ':/j_ SERIES OF 2009 CONTRACT NO, C/S--J.l>O 'r 9 bi BY AUTHORITY COUNCIL BILL NO . 44 INTRODUCED BY COUNCIL MEMBER MOORE AN ORDINANCE AUTHOR!Zu~G A "GRANT OF EASEMENT" TO PUBLIC SERVICE COMPANY OF COLORADO/XCEL ENERGY TO INSTALL UNDER GROUND CONDUIT FOR ELECTRICAL SERVICE AT 1074 WEST DARTMOUTH AVENUE . WHEREAS , the Public Service Company of Colorado wishes to install electrical lines in conduit under the City of Englewood owned propeny located at 1074 West Danmouth Avenue ; and WHEREAS, the Public Service Company of Colorado assumes full and strict liability for any and all damages of every nature to persons or property caused by or in connection with the crossing installation by Public Service Company of Colorado ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: ~-The Grant Of Easement between Public Sen • : Company of Co lorado/Xcel Energy and the City of Englewood, Colorado for the insta!.· ,on of an underground conduit and electrical lines for electrical service at 1074 West Danmouth Avenue, attached hereto as "Exhibit l , and consists of two (2) parcels ," is hereby accepted and approved by the Englewood City Council. Sectjon 2. The Mayor is authorized to execute and the City Clerk to attest and seal the "Grant of Easement" for and on hehalfofthe City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the s'" day of October, 2009. Publi shed as a Bill for an Ordinance in the City 's official newspaper on the 9• day of October, 2009 . Published as a Bill for an Ordinance on the City 's official websi te beginning on the 7th day of October, 2009 for thiny (30) days. Read by title and passed on final reading on the 19th day of October, 2009 . Published by title in the City's official newspaper as Ordinance No.~, Series of 2009 , on the 23rd day of October, 2009 . Publi shed by title on the Cit y's offi cial web site begi nnin g on the 21st da y of Oct ober , 2009 for thiny (30) da ys. Jame s K. Woodward , Mayor ) I, Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby cenify that the above and foregoing is ,a;,JUe copy of the Ordinance passed on fins eading and published by title as Ordinance No .~ Series of 2009. • • • • • • GRANT OF EASE MENT THJS Grant of Easement (this "Grant") is made this __ day of _____ _ -----~ 2009 , by the CITY OF ENGLEWOOD ("Granter") whose address is 1000 Englewood Parkw"y, Englewood, Colorado 80 110, to the PUBLIC SERVICE COM PANY OF COLORADO/XCEL ENERGY, ("Grantee") whose legal address is 1225 11• Street, Denver, Colorado 80202-S:B3 . The panics covenant and agree as follows: I. Easement Property . The "Easement Property" shall mean the real property located in the County of Arapahoe ; State of Colorado, more particularly describes as a portion of Parcel No. 1971-33-4-00-079, also known as 1074 West Dattmoutl1 Avenue, as shown on Exhibit A, attached hereto and incorporated herein by reference . · 2. Consideration. As considera tion, Grantee has given Granter ten dollars ($10 .00) and other good and valuable consideration, the rece ipt of which is hereby acknowledged by Granter. 3. Grant of Easement. Granter hei. · y grants unto said Company, its successors and assigns a non-exclusive easement to constn1d, operate, maintain, repair and replace utility lines and all fixtures and devices, used or useful in the operation of said lines , through, over, under, across , and along a course as said lines , as shown on Exhibit A. 4. ~-Grantee shall have the pC!]Jctual, nonexclusive right of ingress and egress in, to, over, through and across the Easement Property for any purpose necessary or desira ble 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, of the electric utility line, Grantee shall restore the surface of the Easement Pro perty as nearly as possible to the grade and conditions existing immediately prior to said construction, maintenance, repair, replacement or crtlargCU1ent. 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, replacem','t or enlargement , at Grantee's so le cost and expense . 6. No Improvement s. Grantor covenants and agrees not to construct , erect, place or plan any "Improvements," as hereinafter de fined , on the Easement Property without obtaining the prior written consen t of Grantee. "Improvements" shall mean any structure, building, planting, trees, shrubbery , or garden othe r than a grass type lawn except for any required flood control facilities 7. Subjacent and Lateral Support. Grantor covenants and agrees that Grantee sha ll have the right of subjacent and lateral support on the Easement Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of th e rights granted to Grantee under this Grant. E ;{ Ii I B l T 1 8. Rights ofGrantor . Gra.llor reserves the full right to th e undisturbed ownership , use, and occu pancy of the Easement Property insr · .lf as sai d ownership, use and occuj>ancy is consistent with and does not impair th e I ights granted to Grantee in Lltls Grant. 9. Abandonment. In th e event that Grantee shall abandon the rights granted to it under this Grant, all rights, title and interest hereunder of Grantee shall cease and terminate, and Granter shall hold Easement Property, as the same may then be, free fr om the rights of Grantee so abandoned and shall own all materials and structures of Grantee shall have a reasonable ; period of time after said abandonment in which to remove any or all Lines and Appurtenances from the Easement Propert y. In the event tha t Easement is abandoned by Grantee, Granter shall have the right, at its sole option, to require Grantee to remove or neutralize any improvements constructed in the Easement by Grantee. IO. Wanranty of Title. Granter warrants and represent s that Granter is the owner of the Easement Property and that Granter has full right , title and authority, to grant and convey to Grantee th e Easement. 11. Binding EffecJ. This Grant shall extend to and be binding upon the heirs , personal repre sentatives , successors and assign s of the respective parties hereto. The terms , covenants, agreements and conditions in this Grant shall be construed as covenants running with the land . IN WITNESS WHEREOF , the panics hereto have executed this Grant of electric utility line easement the day and year first above written . GRANfOR: City of Englewood, Colorado ATTEST By : ---------- James K. Woodward , Mayor Loucrishia A. Ellis, City Clerk -2 - • • • • • • ST ATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) GRANTEE: PUBLI C SERV ICE .OMPANY OF COLORADO By:_....,.../--1'---i--====--Jay , nn A. A enl for Publi c Servi ce Company Colorado Re anal Vice Fri:sid cnt, Customer and Community Service Department The foregoing instrument was acknowledged before me thi~ day of .4«,g ,:, st , 2009, by Jay Hemnann as the Regional Vice President, Customer and Community Service Department of the Public Service Company of Colorado. WITNESS my band an, i ,eaL e.JL/Zn. A £_µz My Commission expires : llp..7/;k?IO .· Notary Public My Commission E,pi1e, llm/20 10 -3 - • EXHIBIT A EASEMENT NO. 1 AN EASEMENT SITU A TED IN THE SOUT'-IBAST QUARTER OF SECTION 33. TOWNSHIP 4 SOUTH , RANGE 68 WEST OF THE 6 TH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH RIGHT OF WAY OF WEST DARTMOUTH A VENUE AS DESCRIBED IN BOOK 7784 AT PAGE 211 , FROM WHICH POINT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST Q UARTER OF SAID SECTION 33 BEARS N 41 °18'42" WA DISTANCE OF 48.47 FEET; THENCE S 00°00'22" WA DISTANCE OF 13 .77 FEET; THENCE S 89°40'18 " EA DISTANCE OF 16.00 FEET; THENCE N 00°00'22" EA DISTANCE OF 13.47 FEET TO A POINT ON THE SOUTH RIGHT OF WAY OF DARTMOUTH A VENUE ; THENCE N 88 °34'38" W A DISTANCE OF 16.01 FEET TO THE POINT OF BEGINNING, COUNTY OF ARAPAHOE, STATE OF COLORADO. EASEMENT NO. 2 AN EASEMENT 10 FEET IN WICTH SITUATED IN THE SOUTHEAST QUARTER OF SECTION 33 , TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6 TH PRINCIPAL MERIDIAN, BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT ON THh SOUTH SIDE OF EASEMENT NO. 1 FROM WHICH P'11NT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 33 BEARS N 40°33'25" WA DISTANCE OF 66 .13 FEET; THENCE S 18°04'5 5" EA DISTANCE OF 139 .20 FEET; THENCE S 38°45'08" WA DISTANCE OF 137.76 FEET TO THE POINT OF TERMINUS , COUNTY OF ARAPAHOE, STATE OF COLORADO. DESCRIPTION PREPARED BY: DAVID STECK, PLS 141 57 7349GRANT RANCH BLVD. #8 14 LITTETON . COLORADO 80 123 (303; 995-0148 SHEET I OF 2 STECK AND ASSOCIATES 7349 GRANT RANCH BLVD. #8 14 LITTETON , COLORADO 801 23 (303) 995-0148 PUBLIC SERVICE CO. EASEMENT aTY OF ENGLEWOOD · DARn-tOlJl:-i JOB NO. 09-02-05 I DA~ )UNE 16. 2009 • EXHIBIT A NOTE : lHIS ORA WING IS MEANT TO DEPICT THE A TT ACHED LEGAL DESCRIPTION AND IS FOR [NFQRMA llONAL PURPOSES ~NLY. IT DOES NOT REPRESENT A MONUMENTED LAND SURVEY i NW CORNER. NE 1/4 SE 1/4 SEC. 33, T. 4 .S, R.68 W,6TII P .M. W. DAR1MOUTH A VENUE 166 13' ._ X _______ _ i . \ --- i -;;,\ -~ j ~ ·.\ . . ~ CONCRETE j • . LINED CREEK . \ I ·.- . /\ I . . \ CENTERLINE I . [O'EASEMENT i / ~ N SCALE: I" -50' I/_.-',N02 \ . / ,)·· ~G // /I '-· ! ◊/ / I / / . i / . / I .· . / I / i./ i': ~ 16.01' EASEMENT F- NO.I ;:'.; 16.00' --- DETAIL SHEET20F2 STECK AND ASSOCIATES 7349 GRANT RANCH BLVD. #814 Lf!TETON , COLORADO 80 123 (303) 995-0 148 PUBLIC SERVICE CO. EASEMENT CITY OF ENGLEWOOD -DARTMOUTI! JOB NO. 09--02.os f DATE: JUNE i6. 2009 • • COUNCIL COMMUNICATION Date : I Agenda Item: Subject: Octob er 5, 2009 I 9. i O rdin ance Gran ting an Ease m ent to Public Servi ce Compan y Initiated By: Staff Source : Departm ent of Pu b li c W orks Dave H end erson, Engineeri ng/Capit al Proj ec ts Admin is trat or COUNCIL GOAL AND PREVIOUS COUNCIL ACTION N o previous Cou ncil ac ti on . RECOMMENDED ACTION Staff re commends Coun cil approval of a Bill for an Ordinance authorizin g a "G rant of Eas em ent " to Public Servi ce Company (PSC) for th e installation of underground electri ca l lines on City-owned pro perty at 1074 W es t Dartmouth Ave nu e. BACKGROUND, ANALYSIS, AND ALTUNATIVES IDENTIFIED In January, 2009, represen tatives of Public Service Company (PSC ), contac ted the City regarding th e install ati on of a new electri ca l lin e along South Pl att e Ri ver Drive. The proposed line would bac k-up th e existing electrical service to th e area bounded by H wy. 285, Dartmouth Ave nue, Santa Fe, and Platte River Drive. Typica ll y, PSC tries to provid e electri ca l service from two sources in case of an o utage or required rep airs . Construction of th e new apa rtm en t co mpl ex in th e City of Sheridan accelera ted th e nee d for this back-up point of servi ce. Staff di sc uss ed alternate ali gnments with PSC. Two alternate alignments were considered: 1) utilizing existing Right-of-Way along So uth Platte Riv er Drive to Da·1mouth Ave nue and 2) PSC o btaining easements from pri va te owners east of Platt e Ri ve r Drive and borin g under th e Littl e Dry Creek Channel. PSC preferred alternate N o. 2 and su ccessfully nego ti ated easements fr om th e private property owners . PSC requ es ted permission to ins tall th e elec tri ca l line b efore obtaining fo rm al approva l of an ease m ent from Engl ewood City Council. This wou ld all ow th em to complete th e work befo re th e new apartment complex was ope ned and would as sure th at th e lega l descripti on for th e ease ment from Engl ewood is based on th e ac tual field locati on of th e lin e. W e issued a "Temporary Constructi on Li ce nse" to facilitate thi s process with th e understanding th at Ci ty Counci l approval would be nece ssary for a permanent ea sement. Th e work was c ompl eted in August, 2009. Lega l descriptio ns were deli ve red to the Ci ty and che c ked by Public Works staff. • FINANCIAi . IMPACT There are no finan cial impac ts related 10 thi s tr ansacti on .