Loading...
HomeMy WebLinkAbout1980 Ordinance No. 037• • • • ORDINANCE NO. 37 SERIES OF 1980 BY AUTHORITY COUNCIL BILL NO. 40 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE APPROVING A CONSTRUCTION EASEMENT, QUIT CLAIM DEED AND PERMANENT EASEMENT WITH SOUTH ARAPAHOE SANITATION DISTRICT . AND SOUTHGATE SANITATION DISTRICT CONCERNING CERTAIN PROPERTY OWNED BY THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood owns certain lands in the City of Englewood used in conjunction with the Allen Water Treat- ment Plant; and . ~RE~S, ~outh Arapahoe S~nitation District and Southgate Sanitation District seek to obtain an easement for sanitary sewer line across real property of the City legally described as follows: A 30.00-foot wide sanitary •ewer ea•ement over and across a portion of Section 9, Town•hip 5 South, Range 68 West of the 6th Principal Meridian, County of Arapahoe, State of Colorado, being 15.00 feet on either side of the herein de•cribed centerline. All bearings used in the following legal de•cription are based upon the North-South centerline of •aid Section 9 being due North1 commencing at the South 1/4 corner of •aid Section 91 thence N 49°04'12" E a di•tance of 1369.37 feet to the true point of beqinning1 thence s s2•34•01• w a distance of 42.52 feet1 thence N 52•25•52• W a di•- tance of 15.08 feet; thence N 07°25'52" W a di•tance of 256.32 feet1 thence N 05°17'22" E a distance of 158.38 feet; thence N 30°14'31" W a distance of 233.74 feet; thence N 68°16'49" W a distance of 278.98 feet1 thence N 75°34'37" w a distance of 552.42 feet1 thence North and along a line 50.00 feet Ea•t of and parallel with the North-South centerline of said Section 9 a distance of 156.65 feet: thence N 01•45•39• Wadi•- tance of 197.86 feet to the point of terminu• from whence the North 1/4 corner of said Section 9 bear• N 00°47'41" w a distance of 3166.65 feet • • • • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EN GLEWOOD, COLORADO: Section 1 . That the City of Englewood, South Arapahoe Sanitation District a nd Southgate Sanitation District shall enter into a Construction Easement attached hereto setting forth the legal description of the easement, the terms and requirements for con- struction, costs, indemnification, requirements of performance. City of Englewood shall grant a permanent easement to So u thgate Sanitation District and South Arapahoe Sanitation District p ursuant to the terms of the attached agreement. Simul- taneously, Southgate Sanitation District and South Arapahoe Sanitation Di strict shall execute a Quit Claim Deed to the City ,of Englewood in accordance with the agreement, both on December 1, 1981. Section 2. The Mayor of the City of Englewood and the Direc~or of Finance, ex officio City Clerk-Treasurer are hereby authorized to execute the attached Permanent Easement, Construction Easement and accept the Quit Claim Deed according to the terms of each agreement. Introduced, read in full and passed on first reading on the 3rd day o f September, 1980. Published as a Bill for an Ordinance on the 10th _day of September, 1 980. Read b y title and passed on final reading the 6th day of October, 1980 . Publi s h ed by title as Ordinance No. 37 , Series of 1980, ---on the 8th day o f October, 1980. Attest: ~-;CtP~ ayor {Qtff;r&; £;~er I, Ga r y 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 pa ssed on fi nal reading and published by title as Ordinance No. 37 , Se r ies of 19 80 . -2- • • I • I // . l CONSTRUCTION EASEMENT rHIS IDENTURE made and entered into thi•~~~~~day of 1980 by and between the CITY OF ENGLEWOOD, a unicipal corporation, Englewood, Colorado, Party of the rirat Part, and SOUTH ARAPAHOE SANITATION DISTRICT and SOUTllGATE SANITATION DISTRICT, Arapahoe and Dougl•• Counti••· Colorado, quaai-au.n~cipal corporations, Parties of the Second Part. WITNESSETH: WHEJtBAS, the Party of the Firat Part ia the owner of the hereinafter deacri.bed real property1 and ~. the Partiea of the Second Part are deairoua of. . , conatructing and .. intaining a aanitary aewer within its boundari•• and are deairoua of conatructing a portion of aaid aewer line aero•• the real property of the Party of th• Fir•t Part1 llOW, TllZJtEPORB, in conaideration of th• aua of On• Dollar {fl .00) and other good and valuable consideration, paid by th• Parti•• of the Second Part, receipt of which is hereby acknowledged by Party of the rirat Part, the Party of th• First Part hereby 9ranta to the Partiea of the Second Part a temporary, non-exclusive ea .... nt, hereinafter referred to •• •eaae .. nt• or •conatruction ••• ... nt•, for the purpoae of conatructin9 a aanitary aever line over, under and across a parcel of real property more particularly de•cri.bed •• follow•, to wit: A 100.00 foot cocaatruction ..... t over ad aero•• a portion of Section 9, towuhip 5 South, lal• 61 Vut of the Sixth Pd.ncipal Meridian, CouQty of Arapahoe, State of Colorado, kin& so.oo f .. t on either .S.d• of th• ber•in d .. cri'becl centerline ill beedap uaed ill the follovial legal ducriptioa are based u.,on the tcorth South centerline of Mid lectioD 9 kin& due lorth: . I I I i I · i i. ! I i . ~ .. .. . . .. ·· .. ·. ·~ ,·, . . ...... . '. .. ... .:~ ~ . \ ·' .:: \ .\ .. ... • .· .. ~. -. . ~ . . ... ... .,_' ·· .. • • I • , I ,,/ Coamencin9 at the south one-quart.er corner of · ••id Section 91 thence N49•04•12•s a diatance of 1369.37 f .. t to th• true point of be9innin91 thence s82•34•09•w a di•t&nce of 42.52 feet1 thence NS2•25•52•w a di•tance of 15.08 f .. t, thence H07~25'52"1fa di•tance ·of 256.32 feet1 thence NOS•17•22•z a di•tance of 158.38 feet1 thence M30•14•31•w a di•tance of 233.74 feet; thence •&1•1&•49•w a di•t&nce of 271.98 feet1 thence •1s•34•37•w a di•tance :of 552.42 feet1 thence Marth and alon9 a line 50.00 feet Baat of and 1>&%•llel with the •orth-8outh center- line of •aid ~ion t a cSiatanoe of 156.65 feetr thane• •01•45•31•w a diatance of 197.11 feet to t!w point of tenU.nua fro11 whence the Horth one-quart.er comer of Mid leotion t bear• H00~47'4l•w a diatanc• of 3166.65 f .. t. It i8 hereby 11Utually a9rHd by and between th• parti•• hereto a• followa s 1. Thi• eaa ... nt i• 9ranted •olely for the purpo•• of p r ovidin9 and allowin9 for the conatruction of a •anitary •ewer within th• abovc-deacribed property, and thi• ea .... nt ahall terainat• and be of no force and effect after co 4tct:tcaa cf ... ,., ••• , ... •• ~= ••v•• li•• •• •• December 1, 198•, whtehauar ahall aoo11c1 eeaw. 2. The Party of the fir•t Part •hall fully u•• and enjoy the aforeaaid premi•••• except a• to the ri9ht• herein 9ranted1 and the Party of the ~cond Part hereby a9rcca to hold and aavc the aaid Party of the Pirat Part harml••• from any and all d&lla99 ariain9 from it• uae of the conatruction caa ... nt qrantcd herein and a9rH• to pay any dama9e or d&lla9•• which aay ari•• t o the property, pra.u. ... , or right• of the Party of the Pirat Part through Second Partie•' use and occupation herein granted. J. The Partiea of the Second Part recognise that the Party of the Pirat Part ha• under construction improvements to th• water treat.ment plan of the Party of the Pir•t Part and that po t ential conflict mi9ht arise with t1to contractor• attempting to comp lete vork on the same vork site. It i• therefore a9r••d by the Parties of the Second Part that repreaentativca of the Pa rty of the First Part ahall control th• work aitc and, where confl ict ariaea, may direct the effort• of any contractor or -2- :·:!i ., :.i 1. i :· i I ' -~ . . . . : .~., . ...•. ' \. • • I repreaentative of the partiea of the aecond part to minimise th• negative impact of any conatruction activitiea of the parti•• of the aecond part on the on9oinq work of the party of the firat part. 4. Partiea of the aecond part recogniae and agree that the conatruction activities they propoae lllAY reault in additional coat• for the party of the firat part due to delaya, reachedulin9, and other unforeaeeable circumstance• and therefore a9ree that any additional coat• experienced by party of the firat part attributable to the conatruction activiti•• of parti•• of th• aecond part ahall be reimbursed to party of the firat part. Contractor for party of the firat part, Olaon Conatruc- tion Co., ha• aublllitted a Change Order No. 4 in the total amount of $33,522.10 of which $14,322.80 ia attributable to the parti••' of the aecond part propoaed conatruction. Parti•• of the aecond part agree to pay party of the firat part, City of Bn9lewood, the aua of $14,322.10 upon billing for aaid aua by the party of the firat part. Should the amount of Chan9e Order Ho. 4 be chan9ed by Olaon Conatruction Co. for that work attributable to the activiti•• of the partiea of the aecond part, aaid change •hall be reflected in the billing of the partiea of the aecond part. Should Olaon Conatruction 111&ke additional clai ... for work •• a reault of the activitie• of the parti•• of the aecond part and directly attributable to them, partiea of the aecond part agree to pay aaid amount upon billinq by the City. City agree• to ... t and confer with the partiea of the aecond part concerning any a••l•l•••l charge• attributable to the partiea of the aecond par~ to cooperate vith parties of the aecond part and to make a good faith effort to minimize any additional coat• to partiea of the second par,t . • 5. Parties of the second part agree to perform each and every require.ent of attached Exhibit A, which ia incorporated herein by reference. Said Exhibit A, dealing with engineering -3- r' '.;, I !... ~:/" ~~·-.-: ... ~. . ..... }, . ~. ~ \ ':. :·:·~:. · .. \ J •• '( • i ,; -~' .... ~·· . ·· ... . ? .. · •. ·-~ ~-...... ; .. . l~ : •.• • • I •• / / and other requirements for the satisfactory completion of construc- tion across property of party of the first part. 6. Should parties of the second part fail to reasonably perform each and every term hereof , then party of the first part reserves the right to r efuse to e x ec ute Pe rmanent Easement attached hereto as Exhibit B. Par t ies of the second part, to wits South Arapahoe Sanitation District and Southgate Sanitation Distr ic t, agree to execute attached Quit Claim Deed marked Exhibit c. Th e fo r egoing Permanen t Ea s e ment and Quit Claim Deed shall b e executed on December 1, 1 981. 7. This agr eement shall not be effective until all pa rties shall have app r oved each a nd every term hereof. 8. Each and every one of t he benefits and burdens of this agreement shall in ure to and b e binding upon the respective legal representatives, successors and assigns of the parties hereto. IN WITNESS WH EREOF, the pa r t ies here to have subscribed thei r names to this Construction Ea s e ment the day and year first above written • Attest : Gary R. Higbee, c1ty ClerJC __ _ At est: ~~~h~~~------,,_r~ s ec ret ary Party of the Fi rst Part: CITY OF EN GLEWOOD a Colora do Mun i cipal Corporation By _--=,---~~-=-~=-...-~-=-­Eugene L . Otis, Mayor Parties of the Second Part: SOUTH ARA PAH OE SANITATION DISTRICT a Quasi -mun icipal Corporation .. I "\ By ~~-·-·_!_,._··~i-'~·~·~'· -President E SAN ITA TION DISTRICT -m u n:~:~~~:~on . President -4- i .~ ... r I I ! I i ·. '•.;:> •• ' " ',· . , .. ~ .. ;· ... ' .~~· .: ;~ . ' • • I • , STATE OF COLORADO ss. COUNTY OF ARAPAHOE The foregoing Construction Easement was acknowledged before by Eugene L. Otis , Mayor, and attested to by Gary R. City Clerk, for the City of Englewood, Colorado, this~~~- of , 1980. Higbee, day Notary Public My Convnis sion expires STATE OF COLORADO ss. COUNTY OF ARAPAHOE The foregoing Construction Easement was acknowledged before me by CharlC's R. Brue:<' , President, and Oon11ld E. Sch roC'drr , Secretary, of South Arapahoe Sanitation District, this 3 day of S<'pt••mbcr , 1980 • !\, Ci -\ (\ 0. ... :\,~ ; .. ,:.~( .. _v ... ~ {) Not ry Public !1y Commj .:is ion e x pires Novo•mbC'r 28 198 3 STATE OF COLORADO ss. CO TY OF ARAPAHOE The foregoing Construction Easement was acknowledged before by _ __E rr"-.!.!1.J:.l:....1:.!!?!.r:o~ ~.!._ _____ , President , and _ _'i~L . M<'r<'di th Secretary, of Southgate Sanitation District t his _ _J ____ day of _-2!'.e.~"-~-------·' 1980. I' \ . I ., . ; ___ .___·_,.: l ., I ·~ -· ': \ ". ~ \ No.~ary Public y Cu is .. ion cxpi r es __ ~~~~·:r ~~·-L?.!!L ___ _ -5- -'· . ~= .. : ·-."'··. ··'! • • • City of Englewood Re: Bfg Dry Creek Interceptor, Phase II Souuth Arapahoe & Southgate Sanf tatfon Districts In review of the above referenced project: ---·----------:- 3400 S. Elati Street Englewood. Colora~o 8011 O Phone (303) 761-1140 . Two sets of preliminary drawings were subnitted for review. Six (6) final (includes Engineer's Seal) sets must be submitted for review/aporoval orior to construction. . Where the sewer line crosses over water mains the sewer is· to be encased for 10 feet on each side of the main. Where the sewer crosses under a water line the water line or sewer is to be encased 10 feet on each sfde of the crossing. A 20 foot length of wrapped ductile fron pipe may be used in lieu of an encasement. . Water lines are to be ductile iron CL52 poly wrapped 8 mil minimum • . The 8 fnch lfne to Taylor Building Products. 4460 So. Windennere. 1s connected to the 16" water line not the 8 inch as indicated. . At Wf ndennere Street and Stanford Avenue, close the existing valve, cap the valve ff it leaks, and remove the valve box. . Replace all damaged asphalt in front of EMJD Corporation. 4590 South Windennere. Note that some of this damage may have occurred during Phase I construction. Districts shall be responsible for damage caused as a result of construction of 60" sanitary sewer line. • All water line material that is removed during the installation of the 60" sewer line is to be stock piled for collection by the City. . The section of the 80 MG reservoir overflow pipe to be replaced (W/2-45 Bends) is to be at least 14 gauge. coated and lined. . Biq Dr.v Creek is proposed to be relocated. The relocated cross section is to extend upstream to the large wood trestle where ft will match the section presently being fonned by Bebo Con- struction Co. Mark Bebo must approve/concur · in writing to any work being done south of the overhead water flt.111e. The channel section presently being constructed will have a 30 foot bottom width with 4:1 side slopes which is designed to carry approx- imately 4,600 cfs. A similar or equivalent channel is to be constructed where the creek f s relocated. EXHIBIT A PAGE 1 • • • . Construction and pennanent easements are to be obtained for the proposed 60 11 line where the installation is outside of public right-of-way. Pennits are required for all work . . Use tax for Phase II must be paid prior to the start of construction by the contractor. City shall take whatever steps are necessary to collect said tax including stopping construction without incurring any liability to district or changing any obligation of the District. City shall take whatever lawful means necessary to collect Phase I use tax. . The contractor must be licensed and bonded with the City of Enqlewood. . The benn along the south side of the water treatment plant will be modified to have a 3:1 side slope on the creek side and a four foot top width. A revised drawing will be orepared by CDM. Note that the 3:1 side slooe will extend to the fence line. The fence if damaqed is to be restored. . The revisions to the toe drain and overflow lines must be approved by the State. A copy of their letter is to be forwarded. . Ripra p is to be installed like and similar in qradation, density and color to that being utilized for the "Belleview Park Channel Improvements". Exposed riprap is to be grouted. . The telemetry cable is to be relocated to the new poles set along the east side of Windennere Street. Mountain Bell is going to remove the temporary poles set durin~ Phase I construction. Parties of the second part have paid for the initial move of the cable to temporary poles. Should any additional charges be made by Mountain Bell for the relocation of the existing cable to other location required by Mountain Bell, said charges shall be paid by parties of the second part . . A payment for $2,512.71 ($1,466 + 1,046.71) is to be made to the City of Englewood for reimbursement for repair work done along Phase I. See the letter to you dated July 15, 1980 for a complete breakdown of all costs . EXHIBIT A PAGE 2 • • I • ~ ! ~ ~ ~ N ! !! T E A 5 E M E N T THIS !DENTURE made and entered into this day of , 1981 by and between the CITY OF ENGLEWOOD, a Colorado municipal corporation, Englewood, Colorado, Party of the First Part, and SOUTH ARAPAHOE SANITATION DISTRICT and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas Counties, Colorado, quasi-municipal corporations, Parties of the Second Part, WITNESSETH WHEREAS, the party of the first part is the owner of the hereinafter described lands; and WHEREAS, parties of the second part are desirous of constructing and maintaining a sanitary sewer line in, under and across the hereinafter described lands; NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the parties of the second part, the receipt of which is hereby acknowledged by the party of the first part; the party of the first part hereby grants, bargains, sells and conveys unto the parties of the second part, their successors and assigns, an easement and right of way for the construction, maintenance, repair, removal and replacement of a sanitary sewer line under, across, through and over the lands hereinafter described in the County of Arapahoe, State of Colorado, to wit: A 30.00-foot wide sanitary sewer easement over and across a portior. of Section 9, Township 5 South, Range 68 West of the 6th Principal Meridian, County of Arapahoe, State of Colorado, being 15.00 feet on either side of the herein described centerline. All bearings used in the following legal description are baaed upon the North-South centerline of said Section 9 being due North; Commencing at the South 1/4 corner of said Section 9; thence N 49°04'12" Ea distance of 1369.37 feet to the true point of beginning; thence s 82°34'08" w a distance of 42 .5 2 feet; thence N 52°25'52" Wadis- tance of 15.08 feet; thence N 07125'52" W a distance of 256.32 fc t; thence N 05°17'22" Ea distance of 158.38 feet; thence N 30°14'31" W a distance of 233.74 feet; thence N 68°16'49" W a distance of 278.98 feet; thence N 75°34'37" W a distance of 552.42 feet; thence North and along a line 50.00 feet East of and parallel with the North-South centerline of said Section 9 a distance of 156.65 feet; thence N 01°45'39" Wadis- tance of 197.86 feet to the point of terminus from whence the North 1/4 corner of said Section 9 bea~s N 00°47'41" W a distance of 3166.65 feet • EXHIBIT B Page 1 ... •:I •' '. .. .·. ~! • • I •• I The easement and right of way hereby granted shall include the right to the necessary use of the surface of said lands for excavating and refilling ditches and trenches for the location and installation of said sanitary sewer line, and for the con- struction, laying, maintaining, repairing, removal and replacing thereof, in and along said right of way as desired by the parties of the second part. The party of the first part shall fully use and enjoy the aforesaid premises, except as to the rights herein granted1 and the parties of the second part hereby agree to hold and save the said party of the first part harmless from any and all damage arising from its use of the right, easement, and right of way granted herein and agree to pay any damage or damages which may arise to the property, premises, or rights of the party of the first part through the second parties' use, occupation and possession of the rights herein granted. TO HAVE AND TO HOLD the easement and right of way herein granted unto the parties of the second part, their successors and assigns so long as said easement and right of way is used by the parties of the second part, their successors or asaiqna, solely for the purposes hereinabove described and no lonqer; and the said party of the first part does hereby agree and covenant that it is well seized of the premises herein described in an estate of fee simple, and has good riqht, full power and lawful authority to grant, bargain, sell and convey the easement and right of way herein granted, and that the same is free of all former and other grants, bargains, sales, liens, easements and encumbrances of whatever kind or nature soever. As a further consideration for the grant of the easement herein made to the parties of the second part, the parties of the second part hereby covenant and agree to and with the party of the first part that said party of the first part shall have the right to attach sewer service lines from the City of Englewood owned insta llations on the lands belonging to said City which are traversed by said above described easement, all without charge to the party of the first part, except actual construction, materials and labor costs thereof shall be costs of party of the first part . IN WITNESS WHEREOF, the party of the first part has caused its name to be hereunto subscribed by the Mayor, its of(icial -2- EXlllDIT B I I I I • ~ ·'. . ,. < ·.··i .. ! . ·.··-:· .. ... .• ;- . ·::_-; "' ... :,. '.:. .'·J. • •. • • • / I i I / seal to be hereunto affixed, and attested to by its City Clerk the day and year first above written1 and the parties of the second part have caused their names to be hereunto subsc~ibed by their respective presidents, their official seals to be here- unto affixed, and attested to by their respective secretaries the day and year first above written. Party of the Fi rst Part: CITY OF ENGLEWOOD a Colorado Municipal Corporation By~=-~~~~=-.....---,,.,_..~~~,.,--~ Eugene L. Otis, Mayor Attest: Gary R. Higbee, City Clerk Parties of the Second Part: SOUTH ARAPAHOE SANITATION DISTRICT, a Quasi-municipal Corporation Attest: Attest: STATE OF COLORADO ss. COUNTY OF ARAPAHOE Secretary Secretary SOUTHGATE SANITATION DISTRICT a Quasi-municipal Corporation The foregoing instrument was acknowledged before me this day of , 1981 by Eugene L. Otis, Mayor ancr1fciry R. Higbee, City Clerk, of the City of Englewood, a Colorado municipa l corporation. My Commission e x pi res: -3- EXHIBIT B ~ . · ... . " . ..... rl ! .· .. \ . -··· . ... '· .' • • I • , I / STATE OF COLORADO ss. COUNTY OF ARAPAHOE The fo r e9oi n9 in•trwnent wa s a cknowledged before me this ~~~-day of~~~~~~--~~-' 1 98 1 by pre•iden t, an -----,-.-e-c_r_e~t-a_r_y_,_o_f_ South Arapahoe -~S-a_n_i_t_a_t_I~o-n-o~I-s_t_r_i_c_t_,_a_q_u_a_s~I ---m-un~l-cipal corporation. Notary PUbllc My Commis•ion expires: STATE OF COLORADO ss. COUNTY OF ARAPAHOE The for going instrum n was acknowledged before me this ~~ ........ -day of ______________ , 1 9 81 by_~-........ -=-~,.......-~- presldent, and , s ecretary, of Southgate Sanitation District, a quasi-municipal corpo rat i on. Notary PUbllc My Connission expi r es: • -4- EXHIBIT B ..:. .... I ,. . ,} .. > •. . . ...... ...... • ··.! :: • ~ . .: . • • I •• I ................ _. . ........................ --.... t n itM lllnndnod a11J eighty-one •-South Arapahoe Sanitation Diatrict, a quaai-aunicipal corporation, and Southgate Sanitation Di•trict, a quaai-•unicipal corporation, of the Countie• of Arapahoe and Dougla•, re•pectively, ...... aad S.... of O..londo, of tbe lin& part, and City of Englewood, Colorado, a Colorado aunicipal corporation, 3400 South Elati Street, Englewood, CO 80110 Cowat1 of Arapahoe ud State of Colondo, ol tbe lllODd part, WJT JalllllTH , That tbt aid part iea uf tli t' f int vart, for ud in ''Oulid•ration uf tbe IUID ol One Doll ar and other good and valuable conaideration - to put ie 8 of th fil'I& pert in hand paid by th ll&iJ part y p..-tado l"llllile, ...._, 1111, conn7 uul Qtail-C,_ unto the aid party --4 pert IMil'I ud ...... lOftftr, all tbt rirbt, title, iatenlt, claim and denaand wlliob the Mid part~&. fir'll put u ve in ud to tbe foliowiq dNCribecl real property ai Couut1 ot Arapahoe And lkUe ot o.lendo, to.wit : Ei9ht (I) r .. t on each aid• of the following lines Beginning at tbe IE corner of IE 1/4 of Section 9, Townahip 5 South, Jlan99 II We•t of th• 6th Principal Meridian1 thence We•terly along South line of •aid Section 9, 579.90 feet1 thence on an antl• to the right of &6•09• for 30.06 feet to th• South property line of City of Englewood property; thence continuing on the .... line 277.08 feet1 thence on an angle to the left of st•11• for 461.40 feet1 thence on an angle to the left of 0 •34 • for 500.00 feet1 thence on an angle to the right of 1 4•2 7 ' for 253.00 feet, the true point of beginning of subject eaa ... nt; thence on an angle to the right of 41•32• for 250.00 feet1 thence on an angle to the right of 13•oo• for 318.00 feet1 thence on an angle to the left of 12•30• for 432.30 feet1 thence on an a ngle to the left of 9•45• for 486.00 feet1 thence on an angle to the right of 66•31• for 196.70 feet to the North property line of said property and end of subject eaaement. EX CEPT that parcel legally described as ----- • EXHIBIT C ; ' t • I ~ ' .. ' ·~ .. · .: ... :· .. ... ·~ ... . ; .. : .. . \ , ... ; .. • • I •· I A 30.00-f oot wide sanitary sewer eaa ... nt over and a c ross a portion of Section 9, Townahip 5 South, Ran9e 68 West of the 6th Principal Meridian, County ot Arapahoe, State of Colorado, bein9 15.00 feet on either aide of the herein deacrib..S centerline. All bearinqa uaed in the followinq legal deacription are baaed upon the North-South centerline of said Section 9 being due North; C01111Dencin9 at the So~th l/4 corner of said · section 9; t hence N 4~•04•12• E ~ diatance of 1369.37 feet to th• true point of beqinninq; thence s 92•34•09• w a distance of 42.52 feet; thence N 52•25•52• W a dis- t&nce of 15.08 feet; thence N 01•25•52• w a diatance of 256.32 fe•t1 thence N os•11•22• B a distance of 158.38 f .. t, thence N 30•14•31• .w a distance of 233.74 feet; thence N 6&•16•49• W a distance of 278.98 feet1 thence N 75•34•37• w a distance of 552.42 feet1 thence North and alonq a line 50.00 feet Bast of and parallel wi th the North-South centerline of said Section 9 a diaeance of 156.65 feet1 thence N 01•45•39• wadis- tance of 197.86 feet to the point of terminus from whence the North 1/4 corner of aaid Section 9 bears N 00•47• l~ w a distance of 3166.65 feet. TO JU TII AND TO B OLD THE BAllE, Toetther wi th all and mnrular the appurtenancea and privi- les-..._.to i.io.ruar or in any .-iu tllenunto appert&inillc, and all the el&ate, n.tat, title, intorst and of tlle lint part, eitller ha law or -iuit)', to tlle oaq proper -. of the Hee>ud part, its heirs and -irns. forever. I W1THBll WRSRSOF, T he aid part ies of tbe fi rst part ba ve hereunto 111t their band s aad -18 tlM da7 ud )'ar l int aboYe written . • Attest: So •Jth Arapahoe Sanitati n SOU'.rH .. A!W!ABOJL .S.NUTAT.lQN ... ~flJllfT Di s t r J.ct .P.Y ..................................... : ... ~·re ·srae ... n ... t ........ (SBAL) ------... -................................ SeC"retary ....... . Attest: Southgate Sa n itation Di t .SOir.rHGAT.E .. SJWI.TAT.ION ... DIS .T.Rl(BBAL) P.Y ....................................................................... (SBAL) President · ••••••·•-• •••• ••• •••·•••••·••••••r••ooo.•• •••••••••••••• •••••• •• • ••••••••· Secre tary ·-.... . .. , . . ~ j ~ 't ·f , ·:. :-' J • ~ .. • " . ~ .. , : ,~ ' . - . ~-.: '. . ·.·: . ' .... ; .... : ~· ' A.; .. .• • • I TATS 0 COLORADO, O.US, .t l-· ill Ole ..... alortmid, do IMft"7 entity \Mt wbOM name in and for laid Coant7 · aubKribed t.o tbe forepiq Deed, appeared liped, ll&lecl ud clelinnd the aid illl&n· free and Yohmtary Kt for the u. and p~ therein let forth. OiYID uder m7 laud ud of A . D. 19 My CommiMioa expire 19 • · ... •· .. . . .;_ .. ~ (. ··. : .. '. · .. '