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Home My WebLink About1965 Ordinance No. 004I • Introduced •• a bill by Councilaan Banaon BY AOTBORift' ORDillAllCB l10. 4, SBRIBS OP 1965 All ORDillAllCB AU'l'llORIZDIG TBB BXBCU'l'I011 OP All AllBl1DllBl1T SB'l' FORTH HBREil1 OF A 's8 A8B DM'BD llARCB 1, 1956, Bn'WBD '1'llB CITY' OP BllGLBll>QD Al1D '1'llB GLm L. HARTiil COllPAllY, A llARYLAllD COUORATIOB. BB IT ORDADIBD BY TllB CITY COUllCIL OP '1'llB CI'l'Y OP BllGLBllOOD, COLORADO: Section 1. 'l'he Mayor and City Clerk of the City ofBnglewood, Colorado are hereby authorised and directed to aign on behalf of the aaid City the following Amendllent to a Leaae Aqreaaent dated March 1, 1956 with the Glen L. Martin Company, a llaryland corporation, a predeceaaor cc:mpany to Martin-Marietta Corporation: MllDIBl1T llO. 1 TO LIASB TRIS AGRBDllll'l', llade and entered into thi• lat day of March, A.D., 1965, by and between th• CI'l'Y OP moLBWOOD, a aunicipal corporation of the State of COlorado, hereinafter referred to•• the •city,• and llARTil1-MARIB'l'TA COR- PORA'l'IOB, a Maryland corporation, duly qualified to do buaineas in the State of COlorado, hereinafter referred to aa •11artin,• WI'l'llBSSBTB THAT 1 1111BRBAS, on March 1, 1956, a leaae agreement (hereinafter referred to •• the •Leaae•) waa entered into by and between the City of Englewood and the Glenn L. Martin Campany, a Maryland corporation, a predesaor ccmpany to llartin-llarietta Corporation, providing for leaae, with option to pur- cha .. , of certain real property owned by the City aa therein described: and 1111BRBAS, Public Service Campany of Colorado, a Colorado corporation (hereinafter referred to aa •Public Service•) haa requested, from the City and Martin, an eaa .. ent upon and acroaa a portion of the aforesaid real property for the eatablialmaent and operation of electric tranam,i.ssion poles and linea1 and 1111BRBAS, the aforeaaid request of Public Service and other circumstances neceaaitate certain .. endmenta to the Leaae to modify and bring said lease to date in accordance with the preaent agreement of the parties as to such llOdificationa. BOif, 'l'llBRBl'OU, in conaideration of the premiaea and mutual promises, covenant•, condition• and performance• of the parties mnbodied in the Lease and hereinafter aet forth, it ia mutually underatood anda;reed by and be- tween the partiea •• followaa (1) '1'he City ahall conduct all negotiation• with Public Service for an eaae11ent for the eatablialmaent and operation of electric transmission pole• and line• to be located •• followaa A portion of the BW\llWla of Section 26, Townahip 6 South, Range 69 West, 6th P.M. county of Jefferson, State of Colorado. An easement 150 feet wide the center line of which is deacribed aa followaa Beginning at a point on the north line and 129 feet eaa~ of the 11orthwaat corner of said Section 26: thence s 18• 21' 05• w. 426.7 feet JDOre or l••• to the weat boundary line of aaid BW\lnfla of Section 26. The exterior boundary lines of said easement extend to the north boundary and waat boundary line• of aaid nlotlfla. A portion of the ""81fla of Section 23, Townahip 6 South, Range 69 West, 6th P.M. county of Jefferson, State of Colorado. An eaa .. •t 150 feet wide the center line of which ia deacribed as follows: Beqinning at a point on the aouth boundary line and 129 feet east of the aoutlnMat corner of aaid Section 231 thence 11 18• 21' 05" B 2080.8 feet to a point1 thence 11 59• 05' 55" w. 922.2 feet aore or leas to the west boundary line of th• swla of aaid Section 23. The exterior boundary lines of said ••-nt extend to the weat boundary and aouth boundary of said w)sswla of Section 23. A portion of the DldBla1 Dia: nla, of Section 22, Township 6 South, Range 69 Weat1 6th P.M., County of Jefferaon, State of Colorado. An eaa ... nt 150 feet wide the center line of which is described as follO..: Beqinning at a point on the eaat boundary line and 238 feet south of the ._t Quarter Corner of aaid Section 221 thence R 59• 05' 55" w 5,587 feet 110re or le•• to the Borth boundary line of aaid Section 22. The exterior boundary line• of aaid eaa ... nt extended to the Baat boundary and North boundary of aaid Section 22. A portion of the SW\SW..._.. of Section 151 Townahip 6 South, Range 69 Weat, 6th P.M., County of Jeffer80n, State of Colorado. .!.~11i1 ·· .... ... ·~~· ... • An eaa ... nt 150 feet wide the center line of which is described as followaa Beginning at a point on the aouth boundary line and 497 feet east of the aouthwaat corner of aaid Section 15r thence &. 59° OS' SS" w. 497.2 f .. t to a pointr thence &. 17° 39' ss• w. 238.8 feet more or less to the veat boundary line of aaid Section 15. 'the exterior boundary lines of aaid ea.-nt extend to the Weat boundary and South boundary of the said wL ... L-a. of Section 15 .• A portion of the Bls&zli of Section 16, Townahip 6 South, Range 69 West, 6th P.M., County of Jefferaon, State of Colorado. An eaa .. ent 150 feet wide the center line of which i• deacribed as followaa Beginning on the Ba•t boundary line and 488 feet north of the aoutheaat corner of •aid Section 16r thence B 17° 39' 55• W 2280 feet more or l••• to the north boundary line of aaid BlsSB~ of Section 16. 'ftl• exterior boundary line• of •aid eaaement extend to the north boundary and eaK boundary of aaid Bls&Bil of Section 16. ·· · • . . ... . . . COntaining approximately 41.43 acrea. (2) 'fhe fora and content of any eaaement-granting instrument from the City or Public Service shall be aubject to prior written approval by Jlartin. (3) 'lhe City ahall retain aixty per cent (6°") and shall pay and de- liver to llartin forty per cent (4°") of auch money and other consideration, whether real or peraonal, aa may be finally agreed upon by and between the City and Public Service for the granting of the aforeaaid easement. (4) In the event the City and Public Service fail for any reaaon to agr .. upon the teraa, condition• or conaideration of the aforeaaid easement grant, and Public Service by cond..nation proceeding• aubaequently acquires any right, title or intereat in any portion of the real property demised in the Lea .. , for the eatabliahaent and operation of electric transmission pol•• and linea, the aua adjudged by the court or agreed to by the City and Public Service prior to judgment, for the taking, ahall be divided between the City and Martin on the ._. baai• a• provided in (3) above. (5) '!he annual rental required to be paid by Martin under paragraph 2 entitled •a.ntal• of the Leaae ahall abate annually in an amount equal to forty per cent (4°") of the land acreage included with the aforesaid ease- 118Dt, or land area taken by Public Service by condemnation upon or across any portion of the land demi•ed by the Leaae, aultiplied by Pour Dollars ($4.00). Said annual rental abatement •hall ccmaence with the rental paY119Dt due Karch 1, 1965 and ahall continue annually thereafter during the tera of the Leaae. (6) 'fhe aforeaaid eaaement, or land area taken by Public Service, shall be de .. ed to be included within the exception• stated in paragraph 3 entitled •warranty of Title• of the Leaae. (7) In the event Martin exerciaea the purchaae option set forth in paragraph 13 entitled •0ptift to Purchaae• of the Lease, the total purchase price detenained to be payab e under the proviaions thereof shall abate in an llllOUftt equal to forty per cent (4°") of the land acreage included within the aforeaaid eaa ... nt, or land area taken by Public Service by condemnation upon or acroaa any portion of the land demiaed by the Lease, multiplied by the aingle acre price that ia uaed in ccmputing the gross total purchase price under the proviaiona of the aforeaaid paragraph 13. The single acre price referred to herein ahall be $1S8.40 plu• the product of the appli- c-1>1• •.t.titional conaideration• as provided for under the provisions of the aforeaaid paragraph 13 divided by the total acreage determined by the certified land aurvey a• provided for therein. (8) 'fhe City and Martin contemplate that the aforesaid easement qrant to Public Service will include proviaiona requiring Public Service, when directed by llartin under certain circumatancea to be atated therein, to re- locate all or any portion of the elect:ric tranaaiaaion poles, lines and appurtenance• located upon aaid eaaement. When and in the event such re- location ia directed by Martin, and provided Martin has not previously exerciaed the purchaae option aet forth in the Leaae, the City agrees to grant auch additional eaaement to Public Service a• may be required to acCCllOdate the relocated electric tranamiaaion pole•, lines and appurte- nancear provided, however, such additional eaaement shall be entirely within the d..U.aed premi•e• aet forth in the Leaae, and shall be in length, width, and location a• agreed to between the City and Martin. In such event the aforeaaid additional eaaement ahall be deemed to be included within the exceptions atated in paragraph 3 entitled "Warran~ of Title" of the Leaae. '1'he City •hall have no obligation to provide e aforesaid additional eaaement if the City i• not the fee owner of the herein- deaiaed prelliaea at the time the aforesaid relocation is requested by Jlartin. (9) Par9graph 21, entitled •aoticea• of the Lease is hereby amended to read aa followaa ~111.• .. ·• I , j~ ' :I •21. lloticea. All notice• required to be given to the City hereunder ahall be given by regiatered or certified .. il addreaaed to the City Manager of the City of Bnglewood, P. o. Box 178, Bnglewood, Colorado. All notice• required to be given to Martin hereinunder ahall be given by registered or certified aail addreaaed to Vice President, Martin-Marietta Corporation, llartin cc.pany, Denver Diviaion, P. o. Box 179, Denver, Colorado 80201. In lieu of auch notice being mailed, the aame may be served personally upon the reapective officer• named, auch aervice to be evidenced in like •anner aa ia permitted with reapect to peraonal aervice or summons in civil action• in Colorado. The reapective partiea herein shall have the right frma time to tiJDe to notify the other party of any change in desig- nation or adreaa of it• officer upon whCll any auch notice may be served" (10) Paragraph 24, entitled •succeaaora and Aaaigna," of the Lease ia hereby -nded to read aa followa1 •24. Succeaaora and Aaaiqna. In the consolidation of The Martin Campany, formerly known as The Glenn L. Martin Company, leaaee, heretofore with Allerican Marietta CCllpany into the cC11pany known aa Martin-Marietta corporation, a Maryland corporation duly qualifed to do business in the State of Colorado, the aaid Martin-Marietta Corporation became, and now ia, aucceaaor to all of the aaaeta, liabilitiea, righta, titles, interests, dutiea, and obligation• of The Martin CCllpany, formerly The Glenn L. Martin CC11pany, and it ia agreed that Martin-Marietta Corporation shall be the leaaaee hereinunder and recognized aa auch in lieu of The Glen L. Martin Campany. •subject to the proviaiona of paragraph 19 hereof, all of the covenants, atipulationa, and agre-nta in thi• Leaae ahall extend to and bind the aucceaaora and aaaigna of the reapective partiea hereto.• (11) The City and Martin hereby expreaaly ratify and confirm the Lease and all of the proviaiona contained therein. D WI'l'llBSS WBBRBOP, Martin haa caused this instrument to be executed in duplicate by it• appropriate officers thereunto duly authorized, and the City ha• cauaed thia inatrument to be executed in its behalf in duplicate by ita Mayor and ita aeal to be hereunto affixed, and attested by the City Cler~,both being thereunto duly authorized, all as of the day and year firat hereinabove written. ( S B A L ) A~~ A-if?._.,_, ~,r~· City Clerk (/---~ ( S B A L ) A'l"l'BST1 Aaalatant Secretary S'l'A'l'B OF COLORADO ) ) coua•tt OP ARAPAllOB ) CITY OP mGLBMOOD, COLORADO BY. __________________________ __ Mayor LESSOR MARTIR-MARIB'l'TA CORPORATION By -v~i-c-e~P-r_e_s~id~e-n_t __________________ _ Martin Company Division LESSEE The above and foregoing AmendlDent to Leaae waa acknowledged before me thi• day of , 1965, by as Mayor and aa city Clerk of the City of Bnglewood, Colorado, a llUiilclpal corporation. WXiBBSS my hand and official aeal. lly notarial cowaiaaion expireaa ____________________________ __ l'f Aft OP llAR!LAllD couatr OP ) ) ... ) Rotary PW>lic !'he above and foregoing Allendment to Leaae waa acknowledged before me thia day of , 1965, by B. R. Uhlig, Martin Company Divialon, aa Vice Prealdent, and J. T. Blliaon, aa Aaaiatant Secretary, of llartin-llarietta Corporation, a Maryland corporation. :~:f!l3 .•• .J . ·~ ,, :·_·at.& .. w11•111 "" band •nd offici•l ... 1. 11y noarial ~a• lui• expir•••·--------------- llObry Piitil1c in llayor All fta 1, by c:b8a. City Clerk of tbe City of SnVleMOOCS, county of Arapaho•. aute of CDlorldo, do bereby C9rtify tlult tb• above and for990ing ordinance wa iatndaced, read, P8•Hd and ordered pabliabed aa a bill in th• BnalMOd Ill~_. lfe'" at a recJUlar -•ting of th• City council held on th• oF ry. A .D.. 1965. and that at lea at 7 ctaya after above t publi- -~ •• a bill the above ordinance waa approved. adopted and ordered publi•hed ia •id 1 ... 1 • .,.,.per by tb• City council •t a regular wting held on ~· lat day of .. rcb. A.D •• 1965. •• Ordinance llO. '· Seri•• of lftl'j of aaid City. At'Bn'a I