HomeMy WebLinkAbout1984 Ordinance No. 014BY AIJI'HORITY
ORDINAN::E NO. 14
SERIES OF 198_4 __
COUOCIL BILL NO . 12
INTRODUCED BY COUOCIL
MEMBER WEIST
AN ORDINAN::E APPROVING AN :'.ASEMENT TO SOUTH SUBL'RBAN ME:I'ROPOLITAN
ROCRE:/\TIONAL AND PARK DlS'l'RICT , A CUASI-MUNICIPAL CORPORATION , FOR
THE COLORAOO DEMCllS'rRATION TRIIIL.
NO,/, THEREFORE , BE IT ORDAINED DY 111E C I"l'Y COUOCIL OF '11lE
CITY OF ENGLEWOOD , COLORADO :
Sect ion 1.
The r e is hereby approved an agreement titled "Rec reation
Trail Easement " gra nting to South suburban t'etropoli t a n Recreation
and Park District an easement for the Colo rado Demonstration Trail
as is more fully set forth in said agreement attached here to ,
marked Exh ibi t "A11 , and incoq:x>rated by reference . The Mayor and
ex officio City Cl e rk-Treasurer a re autho ri zed to approve said
easement pursuant to the t erms of this ordinance af ter the
canpletion of the ;:,reject ac,oording to the terms of the License
Ag reement described i n Section 2 hereof.
Section 2 .
Said easemen t desc ribed in Sec tion l hereof and found in
Ex hibit A shall be subject to and conditioned upo n the faithful and
satisfactory performance of those obligations of the License
Agreement mar ked Exhib it "B", attached hereto and incorporated by
tefer e nce . The Ma yor of the City o f Englewocxl a nd the ex o fficio
Ci t·, Clerk-Treasure r are hereby author i. zed t o ex ecute said Lice ns e
Ag·.eement forthwi th .
lntroJuced , read in ful I
5th day of March , 1984 .
ad passed on (i rst r eading on the
Pub! ished as a Bill for an Ordi nan c e on the 14th day of
March , 1984 .
Amended a nd passed a s amended on the 2nd day of .'.\pr i 1 , 1984 .
Amendment published the 4th day of April , 198 4 .
Read by title and passed on final reading the 16tl , day of
llpril , 1984 ,
Published by title as Ordinance No. __ 1_4_, Series of 1984 , on
th 18th day of llpril , 1984
/s/ F.uqene L, Ot is
Eug ene L, Otis , Mayor
/\ttest :
/s/ Ga ry R. Hi qbce
ex officio Ci ty Clerk-Treasure r
I , Ciry R, Higbee, ex officio City Clerk-Tr easurer of the City
of Engl e """'1, Colorado , hereby certify tha t the abov e and foregoing
i s a true, accurate and com plete copy of the Ordinance passed on
fina l reading and published by title as Ordinance No . 14 , Serie s
of 1984 . --
/s/ Gary R. lliqbee
Gary R. Higbee
I
ROC REATION TRAI LWAY FAS EMWI'
THI S INDENTURE, made this day o f =~~==~· 198 4
bet wee n 9'.lU TH SUBURBAN METROPOLITAN ROCR EA'rION AND PAR K DI STR I CT , a
quasi-mun ic i pa l corporat i on, herein referred to as Distr ict , and
CI TY OF ENG LEWOOD , a eo:orado municipal corporation , of Arapahoe
Col\nty , Colorado , herein referred to as Gr a n tor .
WI TNESSETH
WHEREAS , Granter i s the owne?r of the hereina fte r described
l and s ; and
WHERFAS , the Di s trict i s des irous of constructing and
mainta ini ng a recreat i onal tra i l ac ross th e lands of Granter;
NOW , THEREFORE , in cons i derat ion of the sum of One Dollar ($1 )
and other good a nd va l uabl e cons ide ra tio ns pa id by Distr i c t , r eceipt
and suff i ciency of wh ich are her e b y ackno wledged by Gr a nter, and the
cove nants and condi tions he r e i nafter set forth , Gr anter hereby
gran ts, ba rga ins, sells , and conveys to the District , its successors
and assigns , a pe rpetual easement f or the cons truction , ma intenance,
remo val and repl acement o f a recreat ional trail in accord ance with
t he pla ns her eto attached under the following desc, ibed proper ty
s i t uate i n the Co unty of Ar apahoe , St ate of Co l orado , to wi t :
TO HAVE AND TO llOLD the r ight he r e i n gra nted unto Distric t,
i ts s uccesso r: and ass igns , fo rever for th e p..i rpos es he re i n de-
scr ibed provic" .,.1 , however , that at such t i me as said easemen t be no
longer used fo r these pur poses this easement , wi t hout l egal pr oces s ,
s ha ll for t hwi th re ver t to the Gran tor he reof o r its assigns .
DISTRICT COVENANTS /\ND AGREES :
1. •ro mainta in the ea s ement in a clean and sanita ry condit ion
and the impr ovaTients thereon in go OO repair .
2 . To coom ence constructio n within fifteen (l'i) days of the
dat e hereo f and comp l e t e the contempl ated improvanents in a reason-
a ble period of time .
3 . To hold Gr a nte r harmless from any liab ility a rising fran
the us e of said easement by any pe rsons what soever and to mai ntai n
liab i : ity and property dainag e ins ura nce adequate to so prot ecc
Gran tot .
4. i-o confine access onto the property to ths, shortest
f eas ible route fran the nearest str eet .
5, To allow only those vehicles on the easement property
necessary for the work to be performed. No private vehicle parking
will be allowed . Upon completion of project , all .tieel damage will
be repai red as Described in Mo . 7 .
6 . To return all natural materials t o the ir original
condit i on a fte r completion of the project. All destroyed shrubs
will be re placed by nursery stock . All ex i s ting shrubs i n the path
of the wo rk will be stored near the site . Th e stor age will be done
in a manne r to max imize th e cha nce for survival.
7 . To coordinate w.'•.n r espect ive compani e s a ll work
conce rning utilities (gas , t elep:-one , water, sewer and service
main s ), and any dam age in cu rred in construction will be reimbui:sed
to t he invo lved canpany by the builde r.
8. To scrape 2" deep of to p soil and s tockpile bes i de each
tre nch for r eplacement as top so i l before soi l pre para tion.
9 . ~ backfill trenches and compact t o a mini mun of 90% ot
Standard Proctor . Physi c a l tamping -,ill be don e between maximun 6 "
laye r s of backfilling.
10 . To replace stor ed top soil on the backfilled trench us ing
techniques and pr oced ures approved by the City including scari fying
as request.-.d .
11. To remove ex cess materi al fran th e site .
12 . The with i n Trailway Easeme nt sha ll extend to and be for
t he use a nd benefit of the District , its contractors and workmen for
the term a bove desc ribed .
Gr a :1tor rese rves the right to close the t r ai l to the pub lic i n
the ev nt it de temt ines an unsafe cond iti on e xi sts or the trail i s
not being p roperly maint ained for the public safety .
Attest :
Gary R. l-l1gbee , ex off lCI O
City Cler k-Treasu r e r
GRAN'!'OR:
CI TY OF ENGLEWOOC!
By
Euge ne L. Otis , Mayo r
Atte st :
STATE OF CXlLORAOO
COO!J'l'Y OF ARAPAHOE
ss .
DI STRICT :
SOUTH SUBURBAN METROPO LITAN
ROCREATION AND PARK DISTRICT
By _________ _
Title
The foregoing i ns trll1lent was acknowledged befor e me this
da y of ____ , 1984 by _______________ _
of So uth &lburban Metropolita n Recreat i o n and Pa rk District.
Witness my hand and off icial seal.
My Ccmni ssion expires
STATE OF COLORAOO
COUNTY OF ARAPAHO E
ss .
Notary Public
/\ddress :
Th e forego ing instrUl\en t was ackn ow l edged befor e me this
day of ---=~-:-' 1984 by &!gene L. Otis as Mayor and Gary ~
Hi gbee as ex officio City Cl erk-Treasur e r of the City of Englewood.
Witness my hand a nd o f f i cial sea l.
My Ccmnis s ion exp ires
Notary Public
Address:
I
LICENSE I\GREE?-IENr
1llIS LICEN SE I\GREE?-IENT, made this day of
19 , between the CI TY OF ENGLEWOOD, aniiiiiTcipal cor[)Orat1on of'
the"state of Colorado, herei n re ferred to as "City", and
SOU1ll -'LI\TTE RIVER GREENWAY FOUNDIITION , INC .
herein referr ed to as "Li censee".
WITNESSE'l'H
The term "Li censee " shall inclOOe enployees , age nts and
contractors of Licensee .
The term "property" as used he rein refers to real property and
i nc ludes easements , rights of way , and other City interests in land
and may somet imes be referred to herein as "City property".
The City , by these presents , without warranting title or
inte rest , and subject to the covenants hereinafter set forth , does
he reby authorize the Licensee , its successors and assig ns , to :
Co nstruct the Colorado Demonstration Trai l on the City
of Ellglewood golf course £ran the confl uence of Bear Creek
with the south Platte Ri ver up Bear Creek to the wes t
proper t y line of the City of Ellglewood golf co urse .
as described in Exhibit "A-1 11 attac· ed hereto and made a part
heseof .
l. 'Jhe City has approved a set of f ina l deta iled p l ans of the
installation Li cen::.ee proposes to construct , utilize , modify ,
repair , replace , or maintain hereunder.
2 . Licensee shall notify the City at least three (3) days
prior to comnencement of the construction of , modifications or
r epairs to Li censee's installation so that the City may mak e such
inspections as it deans necessary . In th e event of energency
repairs r equired for safety or r estoration of service to utility
customers, Licensee shall not be required to furnish notice prior to
conmencing said repairs , but shall notify the City of the nature a nd
e xte nt of any such emergency work .
3 . ln granting this Lice nse , the City reserves the right to
make full us e of the property involved as may be necessary or con-
venient in th" operation of the City and City retains a ll right to
opera te , maintain , install , repair , remove or relocate any of its
facilities located within the City 's property at any time and in
such a manner as it deems necessary or convenient . In the event
Li censee 's insta llations should interfere with the City 's use or
operation of its prope rty , at any time hereafter , Lice nsee shall ,
uJJ(ln request by the City an at Licensee 's sole expense, inme:li-
ately re locate , rea rrange or remov e its i nstallat ion so as not t o
interfere with any such City us e and to renove the installation of
Li censee wh en necessa ry or conveni e nt for th e City , its successors
or ass igns .
4 . Li censee sh.Jl l complete its installation , clear the area
o( a ll construction debris and restore the a r ea to its preex isting
condition within six ty (60) days fran the date of comnencenent of
con !,· ruction . ln th e event clearing and restoration of the area is
not comp l eted withi n the time specifi ed , the City may complete the
work at the sol e expense of Licensee .
5 . All City roads and fencing i.hich a r e disturbed by the
constru c tion of Li censee 's insta llat ion shall, wi t hin tJ\e time
prescribed in paragraph 4 hereof , be r estor ed to a cond ition
satisfactory to the City. City r oads and fencins disturbed by the
reconstruc tion , maint enanc e , mOOificat ion, operation , repa ir or
r e placement of Licensee 's fac i l i ties sha ll inm odiately be res tored
by Li censee to a condition satisfactory to th City . Restoration of
roads shall include , but is not limited to , resurfacing .he n deemed
necesrar y by the City . If restoration is not accanplished by
Licensee with in the t i me specified , th e City , at its e lecti on , may
perfo on s uch re storation at Licensee 's expense . Li censee shall
cond uc t a ll construction , modification , oper ation , repair , replace-
ment and ma intenance of its installations in s uch a llldnne r that the
City , at a ll times , sha ll have full and c anpl ete access to its
property.
6 . Li c Lnsee sh a 11 not trim or cut down any trees , shrubs , or
brush on City 's property wi thout perm ission of the City. 1,he n
requi red by City , Licenr.ee , at its exr,ense , s hal l trim or cut down
trees , shrubs or brush a nd remove a nd d i spose of cutt iny debri s to
the sat i sfaction o f City .
7 . All trenches and excavations within City proper ty shall be
backfilled in the following ma nner : the trench ur excavation shall
be backfilled to the original ground line usin3 only suitabl e soft
earth mat e o a l. The backfill mate ri al shall be deposited in l ayer s
not to exceed eight (8) inc'1es l oose measur e for the full width of
the trench . La yers shal l be brought up un iformly compacted with
mechanica~ tampe rs capabl e of e xerting a blow at least equ i va l en t to
250 pounds per square foot , to 90 % of Standa rd Pr octor. The
mois ture conte nt of the mate ri a l shall be ad justed as required to
secure t:1e above density . 1'he amount of wate r used shall be
sufficient t o obtain the max i mum density specified . Whe n moisture
i s in excess of that necP.ssa ry for proper compaction , th e Li cens ee
sha ll be required to gr ade , mi x or otherwise process wet mate rial t o
prope r moisture content or haul in s uitable mater i a l . Tamping
equiE>Tient shall be subject to the ap proval o( the City .
I
I
ll. Lice nsee will use a ll reasonable means t o prevent any loss
or damage to the City or to others resulting from the construction,
mcx:1ification, replacement , repair, operation and maintenance of
Li cens,,e ' s installation . Any r epa ir or repl acenent of any of the
Ci ty 's installa t i ons on its property ma::le necessa ry, in the opinion
of the City , because of the construct ion , mOOif ication, operation ,
maintenance , repa ir or rep lacement of Lice nsee 's i nstallation, shall
be mad e only by the Ci ty and at the sol e expense of Licensee .
9 , Lice nsee shall i ndenni fy and save harmless the Ci ty, its
offi ce r s , enployees and agents , agai nst any and all claims , dam-
ages , acti ons or causes of act i on and expanse to 'which it or the y
may be su bj ected by reason of Li ,cens ee ' s ins tallation being loca t ed
withir, and across the property Jf the City or by r eason of an y work
done o r ani ssion mcrle by Li ce·.see , its agents or enployees , i n
connection with tJ1e construcdon , ope ra tion , modifica tion, replace-
ment , mai nte nance , repa ir or remov al of Lice nsee 's instal l ation. If
t he c<>nstruction of all or any part of Licensee 's i nstallat ion is to
be performed by an independent contractor unde r contract with the
Li censee , the Li censee sha ll so notify the Ci ty and shall
incorpora t e the stipulations and cond i ti ons o f this License into the
contr,1ct specificat i ons , and if require by the Ci ty , ca use said
indept?ndent cont ractor to obtai n , prior t o coomencement of the
wo rk , an insura nce pol i cy o r po l ici es i n amo un ts an:l with c O'llpa nie s
satisfactor y to the City whi c h will protect the City from any loss
or daTiag e resulting from th.a work pe rfo rmed by the contractor .
10 . 1111 wor k author i zed by thi s Li cense shall be per formed by
the Li censee at no expe ns e to the City and , except as othe rwise set
fo rth here in , Licensee sha ll own ard ma i nta in its insta llation
therea fte r .
11. The ri 9hts and privileges g ranted in thi s License a re
subje!Ct to pr ior ag reenents , licenses and conveya nces , recorded or
unr ecorded , ard it sha ll be the Li censee 1 s re spons ib ility to
deter:m ine the e-<i stence of any rights , uses or in stallations
conf l icting wi th t he Licensee 's use of the City 's proper ty here-
under and to resolve any con fli c t.
12 . lf the Lice nsee does not us e its i nstal lation fo r a
peri ,xl of one (1) year , or if Licensi= sha ll at any t ime fail or
refuse to comply wi th or carry out th -conditions o f th i s Lice nse ,
City ma y, at i ts e lection , revoke this Li cense for t hwith by wr i ttf'11
not ice to the Licensee in pe rson or by mail at Li censee 's last
kno wn address . Upon t ermination of the Li cense , the L i censee ~hal l
havE t e n (10) days to renove its installat i on from the City 's
property . In the event Licensee does not renove s a id i nsta l lat i on
within the tim a llowed , City , without i ncurring li a b i lity , may
r:anuve sa id install at ion at Licensee 's e xpense .
13 . Upon abandonm ent of any right or privilege he r e in
gra nted , the right of Li e nsee to tha t e xtent sha ll t,,rmina te , but
its obligation to indem nify and save harm l ess the Ci t y , its
officers , BTiployees and agents , shall not t e rminate in any even t.
14 . The rights grailted Li censee hereunder may not be
ass igned without the written consen t of the City.
15 . Lice nsee shall comply with all a pplicable l aws and
ordi na nce and a ll rules , r egula tions and requiranents of any
gove rrrnental authority pranulgated thereunder controlling
e nv irorrnenta l standards and conditions o f the pran ises . If , as a
r esult of Licens ee 's occupancy of the premises and its oper ations
he reunde r , any such l aw , ordinance, rule , reg ulation is v iolated,
Li censee shall protect , save ha rml ess , defend and indannify City
fran and aga inst any pe nalties , fines , costs and expens es incl uding
l egal fees and court costs incurred by City, caused by , r e sulting
fr an, or connected with such v iolation or violations .
16 . This Li cense i s subject to the foregoing conditions and
to the following specia l condit ions :
17 . Upon completion of the improvements and upoo (1)
approval by the City and (2 ) upo n pres e nta tion of a n accurate l "9al
description approved by the City survey , the City shall execut e the
Easanent Ag r eanent authorized by Council Bill No . 12 , Se ries of
198 4 ," wi th the a ppropri ate legal descri ption inse r ted and such
other nece-ssary information as i s required to convey the easerri •?nt
to South suburban Metropolita n Rec r eation a nd !'a rk Di strict .
IN WITNESS WHEREOF , this i nstrument has been executed as of
t he day a rd year first above written .
APPROVID :
Director of Parks and Rec reat i on
APPROVID AS TO FORM :
CITY OF ENG LEW (Y)D
By ________ _
Mayor
A'rrEST :
e x off\cio City Clerk-
Treas urer I
The undersigned authorized officer of ----,-ha-s_r_e-a""'d--,.,th-e
'f"o-r eg=o:-ii--=ng-=-"'"Li.--·ce=n--=s--=e-a-::na=--=ag=r--=ee-::s:-.fe::o--=r-=ana=7 i"'n----;:-beccha=1"f.-,07f-sa=ia -----
that it will accept and will abide by all the t e rms and cond itions
the r eof .
ATTEST:
Title
(SEAL)
LICENSEE:
By _______ _
Title
Addr e ss:
Phone :