HomeMy WebLinkAbout1981 Ordinance No. 020..
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BY AUTHORITY
ORDINANCE NO. c§O
SERIES OF 1981
COUNCIL BILL NO. 23
INTRODUCED BY COUNCIL
PERSON NEAL --------
AN ORDINANCE APPROVING A RIGHT-OF-WAY AGREEMENT BETWEEN FARRAGO
N.V. (GRANTOR) AND THE CITY OF ENGLEWOOD (CITY) AUTHORIZING THE
EXECUTION AND DELIVERY OF CERTAIN REAL PROPERTY AS DESCRIBED HEREIN
AND ACCEPTING A 20-FOOT UTILITY EASEMENT.
WHEREAS, the previous owners of that realty hereinafter
described conveyed to the City title to the same for construction,
erection, and maintenance of utilities and related facilities;
and
WHEREAS, the City Council has found and determined that
it is unnecessary for any municipal purpose so long as the City is
assured that it shall have a perpetual easement and right-of-way
in, to, and over alternative property and that the relocation of
the current utilities to an alternative perpetual easement and
right-of-way shall be accomplished at the sole cost and expense
of Granter herein .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1. The Mayor and Director of Finance, ex officio City
Clerk-Treasurer, are hereby authorized and directed to execute
and to deliver to Farrago N.V. Incorporated in the Dutch Antillies,
or such other party found to have authority in the parcel to be
conveyed to the City, a quit claim deed conveying all of the City's
right, title and interest in and to the following described realty
situate in Arapahoe County, Colorado:
Vacation of a portion of an easement 8 feet in width recorded
in Book 2307, Pa~e 694, Reception Nwaber 1466741, County of
Arapahoe, State of Colorado, bein~ in the Southwest quarter of
the southeast quarter of Section 35; Township 4 south, Range 68
West of the Sixth Principal Meridian, in said County of
Arapahoe, State of Colorado, more particularly described ••
follows:
Co1111tencing at the Southwest corner of the Southeast quarter of
the Southeast quarter of said Section 351 thence No•o7•42•z
alon9 the East line of the Soutnwest quarter of the Southeast
quarter of said Section 35, 90.00 feet to th• Northerly
Ri9ht-of-way of East Hampden Avenuer thence continuin9 aloncs
said. East line, No•o7•42•E, 12.00 feet to the Point of
Beginningr thence departing said East line, N89.32'46"W, 46.00
feet1 thence N0.07'42"£ alonq a line .. 46.00 feet Weat of and
parallel to said East' line, 723.38 feetr thence se9•52•oa•1,
8.00 feetr thence so•o7'42"W along a line 38.00 feet West of
and parallel to said Baat line, 715.43 feet1 thence
sa9•32•4rs, 38.00 feet to said Bast lines thence so•o7•.u•1
alonq said Bast line, 8.00 feet to the Point of Beginninq,
containing 6091.129 square feet, iaore or le••·
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Section 2. The Mayor and Director of Finance, ex officio City
Clerk-Treasurer, are hereby authorized and directed to execute
and accept, on behalf of the City, that certain Agreement, a copy
of which is attached hereto and incorporated herein, consisting
of four typewritten pages.
Section 3. All ordinances, r esolutions, motions and other
legislative acts of any nature, inconsistent with the terms of
this ordinance are hereby repealed.
Section 4. That effective date of this ordinance shall not
commence prior to execution of the Agreement by all parties .
. Introduced, read in full, and passed on fJr ~
the 19th day of January, 1981.
Published as a Bill for an Ordinance on th
January, 1981.
di n g on
l day of
Read by title and passed on final readinq on the 2 nd day
of February, 1981.
Published by title as Ordinance No.~() , Series of 1981,
on the 4th day of February, 1981 .
~;('~ Maior
Attest:
e~~~rer
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above and
foregoing is a true, accurate and complete copy of the Ordinance
passed on final reading and published by title as Ordinance
No.rlt2. , Series of 1981.
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RI'GHT-OF-WAY AGREEMENT
THIS AGREEMENT is made by and between FARRAGO N.V.
INCORPORATEO IN THE DUTCH ANTILLIES, or their agents or assigns,
as the case may be, (Grantor) and the CITY OF ENGLEWOOD, COLORADO,
(City), this day of , 1981.
I.
Premises
1.1 Grantor is the owner of that realty located in the
City of Englewood, County of Arapahoe, State of Colorado,
hereinafter described •
1.2 Grantor desires to relocate and re c onstruct utilities
owned by the City, which utilities presently traverse the realty
described as:
an ease .. nt 8 feet in width recorded
in Book 2307, Page 694, Reception NUllber 1466741, County of
Arapahoe, State of Colorado, being in the Southweat quarter of
the Southeast quarter of Section 35; 'l'ownehip 4 South, Range 68
Weat of the Sixth Principal Meridian, in said County of
Arapahoe, State of Colorado, more particularly described ••
follow a a
Co111111encin9 at the Southwest corner of the Southeaat quarter of
the Southeast quarter of said Section 351 thence No•o7 •42•£
alon9 the Bast line of the Southwest quarter of the. Southeast
quarter of said Section 35, 90.00 feet to the Northerly
Right-of-way of East Hampden Avenue1 thence continui!'9 alonQ
said . East line, No•o7•42•E, 12.00 feet to the Point of
Be9innin91 thence departing said East line, N&t•32•45•w, 46.00
feet1 thence No•o7•42•s ·along a line .. 46.00 feet West of and
par.allel to said East' line, 723.38 feet1 thence sa9•52•0&•£,
a.oo feet; thence so•o7•42•w along a line 38. 00 feet West . of
and parallel to said East line, 715.43 teet1 thence
s19•32•46•E, 38.00 feet to said Bast line1 thence so•o7•,42•g
alonq said East line, 8.00 feet to the Point of Be9innin~,
containing 6091.129 square feet, more or leaa •
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1.3 The City is willing to have such utilities relocated
and reconstructed, providing Granter gives to the City, its
successors and assigns, a right-of-way and easement over the
below described realty sufficient so as to allow it to operate,
maintain, repair, or replace said utilities as relocated by
G'!'antor.
II.
Grant of Right-of-Way and .Easement
2.1 In consideration of the premises, Granter, for
itself, its successors and :assigns, does hereby, by these presents,
grant, bargain, sell and convey to the City, its successors and
assigns, an easement and perpetual right-of-way over, through, and
across the following realty, situate in the City of Englewood,
County of Arapahoe, State of Colorado, legally described as follows,
to wit:
A 20' wide easement in Section 35, Townahlp • ac ·•th, ~nqe ''
West of the Sixth Principal Meridian, County of Ar.pahoe, ltat
of Colorado, being 10' each aide of th• foUowint de1or i bed
centerline:
Commencing at the Southwest corner of the aouth•••t quarter of
the Southeast quarte r of Section 351 thence No•o7••2•1, 90.00
feet along the East line of the Southweat quarter of th•
Southeast quarter of said Section 35 to the Northerl y
Right-of-way line of East Hampden Avenue1 thence continuinq
alonci said East line, No•o7•42•1, 16.00 feet to the Po i n t ot
Be9innin91 thence departing said la•t line, N19•32••a•w, 42.00
feetr thence N0.07'42"E along a line •2.00 feet Weat of anti
parallel to •aid !ast line, 192.27 feet1 thence N•s•o7•42•1,
45.25 ·feetr thence No•o7•42•E, along • line 10.00 feet Weat of
and parallel to ••id East line, 220. 66 feet1 thence
N44•s2•1e•w, 45.25 feet1 thence No•o1••2•1, alon~ •line •2.00
feet We•t of and parallel to •aid !••t line, 242.•7 feet to the
Point of Terminus.
Said right-of-way and perpetual easement shall be for the
of constructing, erecting, operating, using, main ~aining,
ing and renewing utilities and related facilities, and to
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purpose
repair-
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and to hold the above described right-of-way and easement for the
use above mentioned unto the City, its successors and assigns
forever.
2.2 The parties hereto do hereby rescind that certain
utility easement recorded in Book 2307 at page 694 of the public
records of the County of Arapahoe, it being the intent of the
parties hereto that this instrument shall supersede all of the
provisions of that previous easement.
2.3 It shall be the duty of Grantor, its agents, assigns
or contractors to relocate the utilities described herein to the
realty described in Section 2.1 hereof. Grantor shall bear all
costs of whatever nature in making the relocation. Grantor, its
agents, contractors, or assigns, shall engineer, design, and
perform the relocation in conformance with all engineering design
and construction specifications as ordered by the City, its engineers
or agents. Grantor, its agents, contractors, or assigns, and the
City, its engineers or agents, shall mutually agree to cooperate
in the execution of engineering, designing and performance of the
relocation, but, in any and all events, the decision of the City
Engineer shall be final with reference to any question concerning
engineering, design or construction.
2.4 Grantor, its successors or assigns, shall indemnify
and save harmless the City and its agents against any and all
claims, damages, actions or causes of action, and expenses to
which it, or they, may be subjected by reason of the construction,
replacement, maintenance, repair or operation of said relocated
utilities.
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2.5 Grantor acknowledges full authority to execute this
Agreement.
IN WITNESS WHEREOF, the parties hereto have set their
hands and seals the day and year first above written.
Attest:
Secretary of Corporation
Attest:
Director of Finance, ex off1cio
City Clerk-Treasurer
FARRAGO N.V.
By _______ _
CITY OF ENGLEWOOD, COLORADO
By~~ Mayor
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