HomeMy WebLinkAbout1976 Ordinance No. 048•
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I NT RODUCED AS A BILL BY COUNCILMAN SMITH
BY AUTHORITY
ORDINANCE NO. 48 , SERIES OF 1976
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLE-
WOOD , COLORADO, THE CITY OF LITTLETON, COLORADO AND MOTOR CRANE
SERVICE CO. RELATING TO A PERMANENT EASEMENT AND TEMPORARY
CONST RUCTION EASEMENT.
WHEREAS, the Ci t y of Englewood, the City of Littleton
and Motor Crane Service Co. are desirous of entering into an
Agreeme nt granting the Ci t y of Littleton a permanent easement
and temporary construct i on e asement.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1.
That the City of Englewood, Colorado,shall enter
into an Agreement with t h e City of Littleton, Colorado and
Motor Crane Service Co., according to the provisions of that
certain written instrument captioned "Agreement", which is
a ttache d hereto, consisting of six (6) typewritten pages and
is her e by incorporated by reference herein. Said instrument
provides as follows:
l. Littleton shal l initiate, without further negotiation,
a proceeding in condemnation in the District Court of
Arapahoe County, Colorado, whereby Littleton shall
see k to conde mn the interests of Englewood and Motor
Crane, if any, i n and to the property encompassed
by the permanent easement and temporary construction
easement described in Exhibit "A" attached to said
Agreement, and by the specific reference incorporated
therein.
2. Englewood and Motor Crane agree that upon the filing
of said condemnation proceedings, Englewood and Motor
Crane will each stipulate and agree that the fair and ·
reasonable market value of the said permanent easement
and temporary construction easement shall be in the
amount of $21,000.00, and upon the filing of said
Stipulation in the said condemnation proceeding, the
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City of Littleton shall deposit with the Registry
of the District Court of Arapahoe County in said
proceedings, the sum of $21,000.00 to thereafter be
held by the Clerk of the District Court of Arapahoe
County, subject to Order of Court so directing, in
an interest bearing account for the use and benefit
of Englewood and Motor Crane, as their interests in
and to the property emcompaaaed by the permanent
easement and temporary conatruction easement may
be hereafter determined in said condemnation pro-
ceedings.
Upon execut i on of s i d Agreement, Englewood and
Motor Crane shall execute a conveyance unto Littleton
of the p e rma n e n t a m nt and temporary construction
e as eme nt, as d ef int:u r1 E.xhibit "A" of said Agreement.
4. Upon deposit of the aum of $21,000.00 by the City
of Littleton with the Regiatry of the District Court
of Arapahoe County, Englewood and Motor Crane shall
stipulate and agree that an Order may enter in said
proceeding determining the fair and reasonable market
value of the said permanent easement and temporary
construction easement to be in the amount of $21,000.00
and declaring that on account of said payment into
the Registry of the Court, title to said permanent
easement and temporary construction easement shall
be vested in Littleton.
5 . Upon payment of the said awn of $21,000 into the
Registry of the District Court of Arapahoe County,
said sum shall remain on deposit therein for the
benefit of Motor Crane and Englewood, pending
appropriate Court Order (whether in the said
condemnation proceedings filed by Littleton or
otherwise) , or by agreement of Motor Crane and
Englewood, establishing the respective interests of
the said parties in and to the subject property
and the values thereof.
S ection 2 .
T he City Council of the City of Englewood, Colorado
hereby au thoriz e s the Mayor of the City of Englewood, Colorado,
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to subsc ribe his name to said Agreement on and in behalf of the
City Council and the City of Englewood, Colorado, and the
Director of Finance, ex officio City Clerk-Treasurer attest
the same .
Introduced, read in full and passed on first reading
on the 20th day of September, 1976.
Published as a Bill for an Ordinance on the 22nd day
of September, 1976.
Read by title and passed on final reading on the 4th
day of October, 1976.
Published by title as Ordinance No.
1976, on the 6th day of October, 1976.
ATTEST:
48 ---, Series of
I, William o. James, do hereby certify that the above
a nd fo r e going is a true, accurate and complete copy of the
Ordinance , passed on final reading and published by title as
Ordinance No. 48 , Series of 1976.
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'l'HIS AG REE:lli !lT, ma de and entered into thia ___ day
of ~u g ust, 1976, by and b e tween the City of Littleton,
Colorado ("Littleton '), the· ~ity of Englewood, Colorado
("2ng l e wood") and :1otor Crane Service Co. ( ·•r.1otor Crane");
rlri ~ltLAS, r::n9lewood is the owner in fee of certain landa
which are the subject 1natter of a "Sand and Gravel Lease•
dated January 19, 1951, and recorded in Book 806 at Page 285
of the record• of Arapahoe County: and,
WHER.t;AS, Motor Crane clairns to be the owner of the aforesaid
Sand and Gravel uease, and accordingly, claims a leasehold
interest in and to the said pro!>erty described therein, which ..
s aid claims of :!otor Cra ne have been di:;puted by i:n9lewooch
and,
WH CREAS, Littleton desires a perrnanent easement and
temporary construction easement, defined aa ''Sewer Casement
il o. S " of t he Littleton, ~olorado Intercoptor Sewer Project,
E.P •. '\. ~ederal Grant •i o. C.)80319, as described more fully in
I.;xh ibit "A" a ttac hed he reto, and by this specific reference
incorporated herain, for the purpose of the construction and
·maintenance of a portion of said interceptor sewer line, the
same being part of the t ity of Littleton, ~olorado, Interceptor
Sewe r Project ; and,
t-rm;REJ\S, ;,ittleton, En9lewood and !1otor ..:rane agree that
the fair and reasona ~le market value for the aforesaid per-
manent easement and t e mpo r a ry construction ea:;eMent is in the
amount of $21,00 0.00; and,
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nrnr:t:/\S, on account of the disputed interests (between
l:n9lcwood and •1otor Crane ) in and to the property encompassed
oy the permanen t easement and ~emporary construction easement,
Littleton is uncertain as to the party or parties entitled to
payment on account of the acquisition of said permanent
ease ~ent and te~porary construction casement, and as to the
a mount to be paid to the respective parties, in the c v rmt
tlOre than one party has any right, title, interest, c la im or
demand in and to the property encompassed thereby; and,
l~riCREAS , Littleton is desirous of obtaining the aforesaid
easeraents without becoming a party to the dispute between
r;nglewood and Notor Crane as to riqhts in and to the said
property and compensation to be accorded the respective parties
on accoun t of the acquisition of the said permanent easement and
temporary construction easement, and Englewood and ~1otor Crane
re willing to convey such permanent easement and temporary
c onstruction easement unto Littleton, all upon, in accordance
with and subject to the terms and conditions herein contained1
.-ow , '.i'IIEREFORE , in consideration of the premises, the
mutual convenants herein contained, and other good and valuable
consideration , the receipt whereof is hereby acknowledged,
the parties hereto Jo hereby agree as follows:
1. Littleton shall initiate, without further negotiation,
a proceecin9 in conaomnation in the ~istrict Court of
Arapahoe County, Colorado, where~y uittleton shall seek to
c omlernn the interests of ~n~lmrood and !'.otor 1:rane, if any,
in an<l to the prope rty encompassed by the permanent easement
a nd te:t1 ;:>0rary construction easel!lent described in Exhibit "l'\"
attached hereto, and by this s~aci fic rnference incorporated
herein .
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2 . I;n glewood and 11otor :rane agre e that upon the filing
of said con ·einn ation proceeding s, ::nglewood an.J ;.1otor Crane
will each stipulate and agree that the fair and reasonable
.11arke t value of the said permanent ease!:lent and tcr.iporary con-
struction ease~ent shall be in the amount of ~21,000.00,
and upon the filing of said S ti~ulation in the said condemnation
procccding, thP. Ci ty of Littleton shall Je p osit with the Registry
of the District Cou rt of :.rapahoe :aunty in said proceedings,
the sum of $21,000.00 to thereafter be held by the Clerk of
the Distr ict Cour t of ~rapahoe Coanty, subject to Order of
~ou rt so directing, in an interest bearing account for th~
use and be nefit of :C nglcwoou and 11otor Crane, as their
interests in and to the property encompassed by the permanent
casement and temp orary construction easement may be hereafter
determined in said condemna tion p roceedings •
J. Upon execution of this hgreeme nt, r.nqlewood and
Moto r Crane shal l execute a conve yance unto Littleton of the
permanen t easement and temp orary c onstruction easement, as
defi ned in r::Ahib it "A" attached he reto.
4. Upon depos it of the su.~ of ~21,000.00 by the City
of Littleton with the Regist ry of the District Court of Arapahoe
coun ty, as hereinabove si;>ecified, t;n glewood and Ilotor Crane
sha ll stipulat~ and agr~e that a n Orcer ~ay ~nt~r in said .
proceeding deter:ninin"q th<!! fair and reasonable market value
of the said permanen t ease~cn t and temporary construction
easemen t to i:>e in the a~ount of $2 1,000.00 and declaring that
on accoun t of said ;:>ayrrte!'l t into the ~egis try of the Court a•
aforesaid, title to said per.nanen t easeme nt c\nd ter.1porary
c onstruction e asemen t is vested i n ~itt lcton.
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:i . 1.J u on ;:>a :n11(!nt of t h e sa id S i.ll :t of $21,1)00.00 into th'9
.{e gis c ry o f the :Hs tr i.::t Cou rt o f ,"\r apa~oe Co unty, as ·afore-
s a id , Sd id s~n s ha ll re ~ain on dc~os it the r i n f or the benefit
of ::otor Cr ane a nd .:::ng l c1:ood, p end ing appro p ria te Court Order
(w heth ~r i n the said condenna tion p ro cee d ing s fil e d by Littleton
o r o t he r wise), or iJ y a g rc c:n~n t of !totor Cr a ne a nd l.:ngl e wood,
es tabli s ~i ng t he r es p ectiv e in t e rests of the said p artins
in .:111cl to the s ubjec t pro ?e rty <l nd the values t he reof.
D.l\Y OF ------·-----·· -·--·' 1976.
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I.ITT I.ETON IN'J'IO:l:C:r·:I' l'l'ill SJ·:\\'J.:rt l·'.l\Sl ·:~n :NT 1\:0, 5
EXJllfHT "A"
El\SJ.:~IENT FOR LITTLF:TO;.; JNTF.r..C:F.PTOit SF.WEA.
Pllrl oC S ec tion 4. T. SS.• R.68W •• oC the 6th P. M. • Ar.apahoe County.
C o l o r .l ·lo.
A P <.:rina ncnt F:.1scmcnt 01nd a Tcmpor .1ry Construction E.iscmc-nt for an Inter-
c<'pl.>r S e w e r ;icross and throu;h the followini: described P;irccl o( I.and, TO
WlT:
An irrei:ular sh ?.pecl P:ir '2_rl of Li\r.d in the SW~ ol the NW}
o1Section4, T.55., R.6S i ':., olthe6thP.M •• Arapahoe
County, Colorado. all de sc ri~ed i\nd recorded per Deed
Filed in Dook 668. Page 219, d<lted March 16. 1950.
Said P c rm ;,nc-nt Ei\semcnt !>eini: more particularly described 'a1 follow•:
A 30 loot wirfe strip oC land with Centerline Crom" Point on
the North Lint;, Zn:?.. ZS fed Wrst ol the :-=£ Corner ol Said
P .1 rr.cl ,.,, l .. 1 nd, th e r..:e :.s 0 33·z~11 Left and Southwesterly
SIS. So feet. t !1en ce zo0 12•..;5 11 Right and Southwesterly 826. lO
feet. then c e Ool 0 19 '00" Lc{t .&n:i Southwesterly 321. SO feet,
thence 40°07'ZO" Left and Southe.asterly 128. 80 feet, thence
40°07'20" Ri;;ht a nd S o u thw.?sterly 9SO. 94 feet to a Point on
the South Line. SO. 45 feet \'.'e st of the SE Corner ol Said
Par c el of Lanri, containini: 1. ')10 acre• more or le11.
S a id T •. rr.j)cr ... ry Ccn3truction Ea s emcr.t be!::;r more partlcularl:; desc:i°!:-'!d
a 1 Cc.ll o v .. s: ·
An 80 foot wide strip of L;ind ""ith Crn!erline from a Point ori
the North Line, 2o2 • .?~ le<'t N ri;t o( the i'JE corner of Said
P a rcel of Ll r::l, the:i .:e $5n 3 3 '.?0 " Left ;ind Southwesterly
SIS. So foet. t~n .:e :rno 12 •..;5 ·· Right and Southwesterly 826. 30
Ccct. thence 04°19 '1;0 " Lei! .n :i Soufr • .vc~tcrly JZI. SO foet,
thence -10°07':!0" Le :·~ a n cJ S o :::he .lSterly l 2S. SO leet, thence
-I o"o; • :!0" Ri ~h t ;rn ~: :';ou th w.~ ... t .? 7 ) y ·) ~:>. S ·l foet to a Point on the
South Line. 50, -15 fo.?t W e:;'. of t :-.c Si; Corner o( Said Parcel ol
I.:1nd, cont:l i n in J 5. O·)l a.::-.:;:i mo:-e or le~s.
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P "': ">;.-:::TY:. Z, ~(.a,as~ S.F. = ?.:f -~8 '2 _~C_B_~s
r :.:.. ~.:,·.•::.;tJT S'.S=M~!JT= .33,1'.)~ $.F. = 1.·;!o ~'1...C:RE~
f'. -;:.: : -;-y Vl~S T .:-;-;....,:2~\~,\.~.!:=~ • .:T :: . .:...~.::M!:!JT = 2,072, 2'Z5 ;:..F. =~7 . 5-:'Z~~~~
F' ... -;. .:;_ ry E:t..ST Or F~R.: .. i;.1.J:::::.JT =~sc=~.IENT=-:::13,.:.(05 ~.:=. = 4. •:)OO _._\.:;;::5
L .--·: ........... I IN1-·-qcr:c-:-....._,..... ~r :.1•1:::n F=,._-;.,L11C'-!T llO tl
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