HomeMy WebLinkAbout1984 Ordinance No. 015OROINAICE 1¥', lS
SERIES OF 198_4 __
BY AUTHORITY
COUOCIL BILL 00 . 14
INTROOUCf.D BY COUNCIL
MrnBER BILO
AN OROINAICE APPROVING AN EASEM OO TO SOUTH SUBURBAN METROPOLITAN
REX:REATION AND PARK DISTRICT , A C(JI\S!-MUN ICIPI\L CXlRl?ORATION , FOR
THE REX:REATIONI\L TRAIL ON THE SOU LI\TTE RIVER BE'IWEEN BJ\TES
Avrn\JE AND HAMIDEN /IVlllUE .
NOW , 'll!EREFORE, BE IT ORDAINED BY 'll!E CITY ,:OONCIL OF 'lliE
CI TY OF ENGLEWOOD , CXlLORAOO:
There is hereby approva:I an agreement ti tla:I "Recreation
Trailway Easement" g ranting to South Slburban Metropol itan
Rec r eation and Park District an easement for the Recreational Trail
between Bates Avenue and Ham pde n Avenue , as is more fully set forth
in said ag reement attached her eto , marked Exhibit "A", and incor-
porated by reference . The Ma yor and e x officio City Clerk-
Treasure r a r e authori zed to approve sa id easenent pursuant to the
terms of this ordinance after the canplet i on of the project
according to the terms of the License Agreeme nt described in
Section 2 herecf.
~tion 2. Said easement described in Section l her ecf and found in
Exhibit i\ shall be subject to and conditioned upon the f aithful and
satisfactory performance of those obl igations of the License
Agreement mar ked Exhibit "B", attached hereto and incorporated by
refe rence . The May o r of the City of Englewood and the ex ofiicio
City Clerk-Treasurer e r e hereby aut horized to e xecute said License
Agreement forthwith .
Introduced , read in full , amended and passed on first reading
as amended on the 2nd day of Apr i 1 , 1984 .
Publi s hed as a Bill for an Or di nance on the 4th day of April ,
1984.
Read by title and passed on final reading on the 16th day of
llpril , 1984.
Published by t itle as ordinance No. 1 5 , series o f 1984, on
the 18th day of April , 1984. ---
/s/ Eugene L. Otis
fugene L. otis , Mayor
l\tte st:
/s/ Gar y R. Hi gbee
ex off 1c 10 C,ty Cl erk-Trea sure r
I , Gary R. Higbee, ex officio City Clerk-Treasure r of the City
of Englewood , Colorado, hereby cer tify that the above and foregoing
i s a true , accurate and canplete :opy of the ordinance passed on
fi na l reading and ?Jblished by title as ordinance No. 15 , series
of 198 4. --
/s/ Garv R. Higbee
--Gary R. Higbee
REX:REAT!ON TRAILWAY EIISEl'1J:Nr
'llHS INDENTURE, -ni>:le this day of =~~=~-· 1984
between s:x.JTH SUBURBAN ME:l'ROPOLITAN 11&:RE\TION AND PARK DISTRICT ' a
quasi-rrunicipal corpora t ion , he re in referr ed to as District, and
CITY OF ENGLEWOOD, a Colorado muni c ipal corporation , of Ar apahoe
Co un ty , Color ado , herein referred to as Gr an tor .
WI1'NESSE'rH
WHEREAS, Gr antor is the owr.e r of tt.e hereinaft e r descril.ed
l ands ; and
WHERE'AS , the Di str ict is desirous of c..-onsttucting ~
maintaining a recreational trail across the l ands of Gra nter;
NOW , 'lliEREFORE , in consideration of the sum 0f One Dollar ($1)
and other good and valoabl e considerat ions paid by Di strict , receipt
and sufficiency of which are he r eby acknowledged by Granror, and the
covenants and comi tions hereinafter set for t h , Gran tor hereby
grar:..s , bargai ns, se} l s , and conveys to thP Distric t , its successo:i:s
and ass i gns , a perpetual easanent for the construction , main t e nancr ·,
r emoval and repla,;ement of a recreationa l trai l in accordance with
the plans her eto attached under the followirg described pr"perty
situate in the County of Arapahoe , State of Colorado , to wit :
TO HAVE AND TO HOLD the right herein granted unto Dist r ict ,
its successors and assigns , forever fo~ th e p.Jq.x>ses herein de-
scribed provided , however , tha'. at such time as sa id easement be no
longer used for these purposes this easement , wi t hout legal process ,
s hall forthwith revert to the Gran tor hereof or its ass igns .
DISTRICT COVENAN'l'S r.'lU AGREES :
1. To maintain the easanent in a clean and sanita ry condition
and the improvanents thereon in good r epair .
2 . To comm ence co nstruction within f ifteen (15) days of the
date he r eof and cauplete the contemp l a ted improvanents in a r easun-
abl e period of time .
3. To ho l d Grantor harmless frau any liability arising frau
the use of said easanent by any persons whatsoever a 1rl to maintai n
1 i ability and property damage insura nce adequ a t e to so protect
Gt antor .
4. To conf ine access onto the property to the shortest
f e a s ible route f ran the nea rest street.
5 . To allow on ly those vehicles on the easement proper ty
necessary for the work to be performed . No private veh icle parking
will be allowed .. Upon comp l etion of pr o ject a ll \Jleel dam age will
be repai r ed as L'escr ibed in No . 7.
~-To re tu rn a ll natural ma t e ria l s to the i r orig ina l
cond i tion a fte r canplet ion of the project. /Ill destroyed shrubs
will be re pla ced 1>y nur s Pry s tock . Al l existing shrubs in the path
of the wori< wi ll be sto r &l near the s ite . The s torage will be done
in a mann e r to maximize th e chance for survival.
7 . To coord inate with respective compariies a ll wo rk
concern i ng uti l i ties (g as , telephone , wat e r, sewer and service
main~;, and any damage incurred in construct ion will be t t:!imbursed
t o the involved company by the builder .
B. To scrape 2" deep of top soi l and stockpile beside each
t rench for repla cemen t as top soil before soil prepar a t ion .
9 . To backf ill tre nches and compact to a minimun of 90% of
Standard Proctor. Physical tamping will be done betwee 1 maximun 6 "
laye rs o f backf illi['3.
10 . To re place stor ed top soil on the backfi :l ed trench using
t c hn iques and proced ure s approved by t he City including sca rify ing
as req ue sted .
11. To remove erce ss mat e rial fran th e s ite .
12 . Th e wi t hin Tra ilway Easement s ha ll exte nd t o a nd be for
the use a nd bene fit of the District , i t s contracto r s ,i nd workmen for
the t e rm above described .
13 . Th e Gran ter does not warra nt title t o tha t property
lega lly described her e in .
Gr a nter r e s e r ves the right to close the tra il to the publ i c in
the event i t dete rm i nes an un sa f e condi t i on e xists or the tra il is
not being proper ly ma int a i ned fo r t he public s a f e t y .
ll ttes t :
Ga ry R. Hig bee , e x off1c10
Ci ty Clerk -Tr ea5u rer
GRA ITTOR :
CITY OE' El-lGL E\o/00D
By _____ ~----
Eugene L . Oti s , Ma yo r
I
\ttest:
Sfl\TE OF aJLORl\00
COUN'l'Y OE' ARJ\PI\HOE
ss .
o rsrRIC.'l':
SOU'l'H Sl BURBl\N ME'I'Rf11lQLI TAN
REX:REAT ION AND P:u<K orsrRICT
By _________ _
Title
The foregoi ng instninent was acknowledged before me this
day of ____ , 1984 by ________________ _
of South suburban t-'etropoITtan Recreation and Park D1stnct.
Witness my hand and official sea l.
My coomission expire s
sr11·rE OF aJLORl\00
COUNTY OF ARAPIIHOE
SS ,
Notary Publ 1c
l\dd r ess :
The fo r ego i ng instrument was acknowledged before me this
d a y of , 1984 by rugene L. Otis as Mayo r and Gary ~
Higbee asex officio City Clerk-Tre asurer of the Ci ty of Englewood ,
Witne ss my ha nd and official sea t.
My Cmmiss i on expires
Notary Publ 1c
l\ddre s s :
LICENSE AGREEMENT
'11-HS '..ICENSE AGREEMENr' mad e this day of '
19 , between the CITY OF ENGLE.WOOD , amunicipal co rporati on of
the"state of color.ado , here in refe rred t•'.I ag "City", and
=~--~--------------' herein re f c-r-red~~t-o_a_s
11 Li censee".
WITNESSETH
The term "Licensee" shall i nc l ude employees , agents and
contract o rs of Lice nsee .
Th e term "property" as used herei n re fers to rea l property
and includes easements , rights of way , and othe r City i n terests in
l and and may sanet im es be referred t o he r e in as "City property".
The Ci ty , by these presents , wi thout warranting title or
int e rest , and subject to the covenants he r e i na fte r set for th, does
hereby authorize th e Licensee , its successors and as signs , to:
Const r uct the R~reat i ona l Tra i 1 fr001 Ba t es
Av enue to Ham pden Av e nue on the South Pla tte Ri ver.
as described in Ex hib it 11 A-l" attached he reto and made a part
he reof.
1. The City has ap proved a set of fina l detailed pla ns of
t he installation Licensee pr oposes to construct , utilize , mcx:lify ,
repa ir , re p.l ace , or maintain hereunder .
2. Licensee sha ll notify the Ci ty at l east t hree (3) days
prior to ccmne ncement of the construc tion of , modifications or
repairs t o Li censee 's i nsta l l ation so that the City may make such
inspect ions as it deems necessary . In the event of emergency
r epairs required for safety or re storation of service t o uti l ity
customers , Li censee shall not be requi red to furnish notice prior
to C<ll111\encing said r epairs , but shall no t ify the City of the nature
and extent of any such emergency work .
3. In granting this Li cense , the City r e s e r ves the right to
ma ke full use of the property invol ved as may be nece.3sary or con-
ve nient in the operation of the City and City reta ins all right to
operate , maintain , i nstal l , repair , remove or re locate any of its
facilities located within the Ci ty 's property at a ny time and in
such a manner as it deem!:, necessary or convenient . In the event
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Lic~r:3ee 1 !:!, installations should inte rfe re with the City 's use or
opera tion o f its property, at any time hereafter, License< sha ll,
upon r equest by the City and at Lice nsee 's sole expense , inme::li-
a t e ly reloc~te , reanange or remove its insta llation so as not to
interfere with a ny such City use a nd to remov e the insta llation of
License~ when necessary or conv eni e nt for the City , its successors
or assigns .
4. Li censee shall canplete its i nstallat ion , clear the area
of all construction de bri s and r estore the area to its preex i s ting
condition within si xty (60) days froo, the d ate of cam.encement of
construction . !.n the event clearing and restoration of the a.:ea is
not canpleted ·.:,th in the time specified , the City may canplete the
wo rk at the sohc expense of Li cens ee .
5 . All City roads and fe ncing ;.hich are distur bed by the
construction of Lice nsee 's installation shall , withi n the time
prescribed in para graph 4 hereof , be r es tored to a conditi on
satisfactory to the City . City roads ard fencing disturbed by the
reconstruction , mainte nance , med i ficat ion, operation , repair or
r epl acenent of Lice nsee 's facilities s hall i nmediately be r e stored
by Li censee to a condition satisfactory to the City . Restcration
of roads shall include , but is no t l imi te::l to , resurfacing when
deemed necessary by the City . If restoration is not aCCOOlplish ed
by Licensee within t he time specified, the City, at its election,
may pe rform su ch restorat ion at Licensee 's e xpe nse . Licensee shall
conduct all constructic.1n , modificat ion , operation, re pai r, replace-
ment and maintenance o f its installations in such a man ner th at the
City , at a ll times , sha 11 have full ard complet,, access t o its
property .
6 . Lice nsee shal l not trim or c ut down any trees , shrubs , or
brush on City 's property without permission of the City . lo/hen
required by City , Li censee , at i ts expense , sh all trim or cu t down
trees , shrubs or brush c1rd ranove arx:I dispose of cuttirY;J deb ris to
the satisfaction of City.
7 . All trenches and e xcavations wi thi n Ci ty pr operty shall
be backf illed in the following ma nner: the trench or excava tion
shall be backfilled to the orig i nal ground line us ing only suitable
soft ea rth materi a l. The backfill material shall be depositsrl in
l ayers not to exceed eight (8 ) inches loose measu r e fo r the full
wid th of the t r ench . Layers shall l , brought up uniformly can-
pacted with mechanical tampers capable of ex e rt ing a blow at l east
equivalent to 250 pourds per square foot , to 90 % of Stand a rd
Proctor. The moisture content of the materi a l sha ll be adjusted as
requ ired to secure the a bove de nsity . The amount of wa t er used
sha ll be sufficient t o obtain the maximum density spec ified . Mien
moisture is in e xc e ss of that nece ssary for pr oper canpaction , the
Lice nsee shall be r equired to g r ade , mi x or othe rwise process wet
material to pr oper moisture content or hau l in s uitab le ma t e r ial.
Tamping equi['fflent shall be subject t o e approval of the City .
8 . Lice nsee will use a ll r eas,ma ble mea ns to prevent any
loss or damag e to the City or to others resul t ing fran the
construction, mcxlification , replacene nt, repa ir, operation and
mainte nance of Lice nsee 's installation. An y repa ir or replacanent
of any of the City's installations on its prope rty made necessa ry,
in the opinion of the City , because of the cons truction , modifica-
tion , operation , mainte nance , repair or replacenent of Li censee 's
installation , sha ll be made only by the City and a t the sole
expense of Lice nsee .
9 . Lic.onsee shall i ndemnify and save ha rml ess the City , its
off i cers , employees and agents , aga inst a ny and all claims , dam-
ages , ac t ions or causes of ac tion and exp:?nse to which it or they
may be subjected by reason of Lice nsee,' s installation being loca ted
within and across the property of the City or by reason of any work
done or emission made by Licensee, its agents or enployees , in
connection with the construction , operation, mOOification, replace-
ment , main tenance , repair or removal of Licensee 's insta llation .
I f the const ruction of all or any part of Li censee 's installation
i s to be performed by an independent contractor under contract with
the Li censee , the Lice nsee shall so notify the City and shall
incorporate the stipulations and conditions of this License into
the cont r act specifications , and i f require by the City , cause said
independe nt contractor to obta in, prior to ccmnen cenent of the
work , an insur ance policy or policies in amounts and with ccxnpanies
sat i sfac t o ry to the City ,,t,i c h will protect the City fran any loss
or damage cesulting fran the work performed by the contractor.
J.O . /Ill ""rk authori zed by this Li cense shall be per formed by
the Li c e nsee at no expe nse to the City and , except as otherwi se set
forth he rein , Licensee shall own arxl ma intai n its installntion
'.hereafter .
11. The r ights and priv i leges g r a nted in th i s Li cense a r e
subject t o prior ag reane nts , licenses arrl conveya nces , recorded ::.;:
unrecorded , and it shall be the Li censee 's r e sponsibility to
determine the ex is tence of any rights , uses or in stallations
conflicting with the Lice nsee 's use of the City 's proper ty here-
und e r and to resolve any con flict.
~2 . I f the Licensee does not use its installation for a
pe riod of one (l) year , or if Licensee shall at a ny time fail or
refuse t o comply with or car ry out the conditions of this License ,
City may , at its elect ion , revoke this License forthwith by written
noti c e to the Li censee in person or by mail at Li censee 's last
known address . Upon t e rmi nat:iun of the Lice nse , th e Lice ns ee shal l
h ave t e n ( LO) days to remove its insta lla tion fr011 the Ci ty 's
property. In the event Li censee does not remov e said i nstallation
wi t hin the time a llowed , City , without incur ring lia bility, may
remove said installation at Li censee 's expense .
13. Upon abandoranent of any right or privilegP. here in
granted , the right of Lice nsee to that extent shall t erminate , but
,ts oUigation to indennify and save harmless the City , its
officers , enployees and agents, shall not terminate in aoy event.
14. The rights granted Li censee hereunder may not be
assigned wi t nout the written consent of the City .
15. Lice nsee shall canply with all ap:,l i cabl e laws and
ordinance and all rule s , regulat i ons and req ,irenents of any
goverranental authority prcmulg a ted thereund"r controlling
envirormental standards and condit ions o f Ui e pr.anises . If, as a
r esu l t of Licensee 's occupancy of the prenises and its operations
hereund.e r , any such law , ordinance , rule , regulation is v ia l .:.~ed ,
Licensee s ha ll protect, save harmless, defend and indennift City
frcm and against any penalt i es , fines, costs and expenses including
legal fees and co ur t costs inc urred by City , caused by, 1~-ulting
from , or connected with such v iolation or viol ations .
16 . This Li cense is subject to tl,P. foregoing conditions and
to tl1e following specia l conditions :
17 . \Jp')n canpl etion of the im provenents and upon (1)
appr oval by the City and (2) upon presentation of an accura t e legal
description approved by the City s urvey , the City sha ll execute tl1e
Easenent Agreenent a uthor ized by Counci l Bill No . 12 , Series of
1984 ," wi th the appropriate lega l description inserted and such
other necessary information as i s required to convey the easanen t
t o South suburban Ji?tropolitan Recreation and Park Di strict.
IN WITN ESS WHEREOF , tl1is instrument has been executed as oc
the day and year first above wr itten .
I\PPROVID :
Director of Utif1t1es
/\PP ROVED 1\5 Tu E'C'RM :
City l\ttorney
CITY OF ENGLEWOOD
By
Mayor
A'rrEST :
ex officio Ci tyCl e rk -
Tr eas urer
The undersigned authorized ~ficer d ofth--,f--~--:L"·----nd--=
---~--~-~,..-,~~--.-,. s rea e orego1ng 1cense a
ag rees for and 10 behalf of said
that it will accept ana=-w..,1,..,l"l-ab.-,-1d""e"'b-y-al""l.-,th=e-t""e_rm_s_and-a
conditions thereof.
ATTEST:
Title
(SEAL)
LICrnSEE:
By _______ _
Title
Addr ess:
Phone:
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