HomeMy WebLinkAbout1990 Ordinance No. 0589 (d)
Bi' AlJl'HORIT'i
CIUlINANCE oo.fl
SffiIES OF 1990
COOOCIL BILL 00. 65
INl'ROOUCED Bi' CXXJNCIL
MEMBER BULLCCK
AN CIIDINANCE GRANTING P!JBLIC SERVICE OF CQLO!W)() '!ID UTILITY FASEMENl'S CN
PROPER'IY I.o:ATED IN QJSIIING PARK.
l'111ERFAS, the Colorado Depart,rent of Highways is widening and reducing
elevation of Dartr.cuth Avenue; and
WHEREAS, this construction necessitated Public Service c:atpany to
reloca te its gas and electric lines underground through Cushing Park; and
WHEREAS, this was done in the Fai.l of 1988 prior to any other
construction ; and
WllrnEAS, in order to obtain a l1'0re precise location, the lines were
installed underground before the easerrents were descr ibed; and
1'111ERFAS, there are overhead lines exist ing prior to the construction
that were oot altered by the construction and it is necessary t o oonfi.Im
this easemant ;
NCW, THEREFORE , BE IT ORDAThl'D BY THE CITY CXXJNCIL OF THE CITY OF
~, COLORADO, AS FOLi.a-iS:
Section 1. The City Council of the City of Englewood approves two
eassrents to the Pub lic service Ccq,any for underground gas and electric
lines which run through Cushing Park as found on attached Utility Easerrent
Agreerient ai"id Exhibit 11 A11 , and f or overhead lines that were oot altered as
a result o f tJte construction. The Mayor and the City Clerk are authorized
tn approve the attached easerrent for and on be.'tal.f of the City of
E:tglewood .
Introduced, read in full, and passed at first reading en 19th day of
llovember, 1990.
Published as a Bill for an Ordinance en the 22nd day of Novett>er,
1990.
Read by title and passed on f inal reading o the 3rd db.y of Decent>er,
1990 .
Published by title as Ordinance No. 5/, Series of 1990, on the 6th day of Decerl:ler 1990. -
I, Pat-cicia H. Crow, City Clerk of the City of DlglllWIXld, Colorado,
hereby certlfy that the above and foregoing is a true ~ of the Ordinance
passed on flnal reading and ?,lblished by title as Ordinance No • .£f_, Series of 1990.
~r,«#~ Patr cia H. Crow
I
UTILITY FASl:1-!Em' AGREFNmr
'ffiIS = of utility easeients (this"Grant ••) is made this day of
. , 19 by the CITY OF ENGLElOX>, COLORADO, ( "Grantor") whose
address is 3400 South E lati Street Engle,,,:,od, Colorado 80110, in favor of the
PUBLIC SERVICE CQ,lPANY OF COl£BJ\OO, ("Grantee") whose address is 55 ( 15
Street, Denver, Colorado 80202-4205.
The parties covenant and agree as follows:
l. FJ\SEMENl' PROPEJ"'.!'Y. The "Easement Pr~y" shall rrean the real
property located in the County of Arapahoe, State of Colorado, m:,re
particularly described as:
Easeirents a~e located within the pr~y known as Olshing Park
situated within the Southeast 1/4 of Section 33, a.,d the Southwest
1/4, of Section 34, Township 4 South, Range 68 West of the 6th
Principal Meridian, City of Engl""""'°-, County of Arapahoe, State of
Colorado, 1r0re particularly described as follows:
Easl!IT'el\t No. l
The centerline of a 10 foot wide easement diascrihed as follows;
camencing at the West 1/4 corner of said Section 34;
thence South 85°48' 39" East a distance of 484. 25 feet to the Point
of Beg inning; , "
thence South 11°29 44 West a distance of 148.22 feet;
thence North OOo03'53" East a distance of 3.64 feet to Point "A";
thence continuing North OOo03 '53" East a distance of 36.15 feet to
the point of Terminus;
said point being on the South Right of Way line of Dart:Jrouth Avenue.
Easeirent No. 2
The centerline of a 20 foot wide easenent described as follows;
Beginning at said Point "A"
thence South 83o06' 35 11 West a distance of 363. 71 feet;
thence South 00o04 '37 " West a distance of 22. 58 feet to the Point of
Terminus;
said point also known as Point "B"
Easeirent Ne-. 3
The centerline of a 10 foot wide easenent Jescribed as follows;
Beginning at said Point "B" ·
thence South 02o02'05" West'., distance of 213.13 feet;
thence South 85°48'09" West a distance of 135.98 feet;
thence South OOo05 '50" West a distar.ce of 338 .61 feet ;
thence South 86°58 '46" West a distance of 68. 94 feet to PoL1'c "C";
thence South 540Q5'47" West a distanCP. of ~2.60 feet to Point "0";
thence North 5go59' 41" \lest a distance of 167 .49 feet to the Point
of Te.."111.inus; ('
said point being on the 1-.ortheasterly Right of Way line of AT & SF
Railroad;
ther,ce returning to Point "D" and bearing South 82018' 52" East a
distance of 28.87 feet to Point "E";
thence south 82°48 109" East 17.71 feet to the Point to Terminus;
thence returning to Point "E" and bearing North 12°32' 17" East a
distance of 25. 94 feet to the Point of Terminus; said point also
known as Point 11 C11 •
8"sis of Bear ings
Considering the South line of the northWEst 1/ 4 of Section 34,
Ta.mshio 4 South , Range 68 West of the 6th Principal Meridian as
bearing·, South 89°36 1 25" West, with all bearings contained herein
relative hereto.
2. CXJNSIDERATICl'I. As oonsideration for this Grant, Grantee shall pay to
Gran tor the s\111 of One Dollar ( $1. 00) and other good and valuable
consideration paid by Grantee, receipt of which is hereby acknowledged by
Granter.
3. GRAN!' OF FASEMENl'. Granter hereby grants to Grantee, a perpetual,
nonexclusive easerrent ("the Utility Easement"), for the p.irpose of
o:,nstructing, operating, maintaining, repairing, replacing, and renoving
utility lines and devices of Grantee, that Grantee finds necessary for
Grantees purposes. There currently exists overhead electri cal wires are
allowed pursuant to the tenns of this Agreement, no new lines shall be
installed.
4. Aa:ESS . Grantee shall have the perpetual, nonexclusive right of
ingress and egres s in, to, over, through and across the Easerrent Propert y for
any purpose necessa...ry or desirable for the full enjoyment of the rights
granted to Grantee under this Grant.
5. RESroRATICl'I. Grantee, agrees that after the o:,nstruction,
maintenance, repair, or replacement, of any of the Lines or.d Appurtenances,
the party exercising rights hereunder shall restore the surface to the
Ease,rent Property as nearly as reasonably possible to the grade and condition
it was in i.mrediately prior to said construction, nw.ntenance, repair,
replace,rent, or enlargerrent, except as may be necessary to accanrodate the
Lines and Appurtenances. Party exercising rights hereunder agrees to restore
and repair a"ly illpr ove,re nts of Granter on the Easement Property "hich are
damaged, m:xlified or altered by party exercising rights h!!reunder during said
construction, maintenance, repair, replacement or enlargement and, further,
agrees to replace any topsoil renoved fran any cultivated or landscaped areas
on the Easement Property and to renove any excess earth resulting fran said
construction, maintenance, re!)air, replacement or enlargt!ment, at its sole
cost and expense.
6. SUBJM:ENr l\ND l.ATDlAL SUPPOO'I'. Grantor covenants and agrees that
Grantee shall have the right of subjacent and lateral support ai the Easerent
p~y to whatever extent is necessary or desirable for the full, carplete
and undisturbed enjoyirent of the rights granted to Grantee under this grant.
7. RIGlfl'S OF GRAN'l'al, Grantor reserves the full right to the
undisturbed ownership, use, and occupancy of the Easeoont Property insofar as
said -~rship, use, and occupancy is consistent with and ooes not inpair the
rights granted to Grantee in this Grant.
8. IMPROVEMENl'S. Grantor may construct, erect, or place structures or
buildings, on the Easerrent Property, only if Grantor determines that the
public convenience or necessity of the public health, safety or general
welfare requires said ir<l)rovererr.a. Grantee shall rerrove its fac i lities upon
reasonable notice by Grantor.
9. l\BANDCtlMEm'. In the event that Grantee shall abanoon the rights
granted to it under this Grant, all right, title and interest hereunder of
Grantee shall cease and terminate, and Grantor shall hold the Easerrent
P~y, as the san-e may then be, free fran the rights of Grantee so
obanooned and shall own all materials and structures of Grantee so abanooned,
provided that Grantee shall have a reasonable period of ti.Jte after said
abandoment in wh ich to rerrove any or all Lines and Appurtenances fran the
Easerent Property. In the event that Easement is abanooned by Grantee,
Grantor shall have the right, at its sole cption, to require Grantee to rerrove
or neutralize any inproverrents constructed in the Easeoont by Grantee.
10 . BrnDING EFFEX:T. This Grant shall extend to and be binding upon the
heirs, personal representatives, successors and assigns of the respective
parties hereto. The terms, covenants, agreerrents and conditions in this Grant
shall be construed as covenants running with the land,
11. This easerent replaces all prior and existing easerrents with subject
property.
IN WITNESS WHEREOF, the parties hereto have executed this Grant of
Utility Easerrent the day and year first above written,
GAANl'OR:
CITY OF ENGLEKX)[), COLORAOO
l\Tl'EST: SUsan Van Dyke, Mayor
Patricia H, ero,,, City Clerk
GRA!n'EE:
PUBLIC SERVICE CXM'ANY a' COLCIWX)
Title
STATE a' COLCIWlO
cnmY OF
ss.
'!be foregoing instrurent was acknowle~ed before ire this __ day of
, 1990 by -~....,.,.__,......,..,.....,..----as ------and attested to by -------
----------as ________________ o
Witness my hand and official seal.
My Ccrnnission expires :
-4 -
Notary Public
Address:
-ta an locatod wltl\ln tho prq,orty ""°'" u Ollhl,,g PUie ■ltuatod wltl\ln tho
Scutheut 1/4 ot Sction Jl, ard the St::iut:l"lwat 1/4, ot sctlon J4, 1':Mnlhip 4 South,
Rorqe 61 W.t cl th■ 6th Prln:lpol Harldlan, City cl !)-qi-, 0:>Jnty cl Arapaho■,
stotAI cf O>IC.-, m:>rl partl01larly deocrlbe:I u fcllCIWII:
WfflP'lt t9 1
'Iha c:w1tarlinl ot a 10 !cot \tide .....,..t 6-a'U.S u follo.,1
Qmnaneirq at thl West 1/4 ccmer ot uid Section J4;
t:herlol Saith 95041,:,9•• Eut a diatance ot 484 ,25 f•t to the Point ot e.,~;
thlnca South 77029'44" West a datarce ot 148.22 !•t;
than::11 North 00ool'5l'' tut a di1t:anc:e of J .64 feet to Point "A";
t:hlrce cont U"'..tl..rq North 00ooJ'5J11 East a~ ct 36.15 feet to the Point of
'l'ulll.nl■;
■aid point bllrq en th■ S.11t.~ Right cf Way II.no cf llilrtl!Dlth AIN<l■,
WfflM t9 2
'thl cantarline ot ~ 20 toot wide ea.ser.ent dcsc:rite:l u follOJa;
SoqlMlrq at said Point "A"
then:::e So.1th 8Jo06'J5" West a d.ista.nce of J6J ,7l feet ;
thera South 00oo4'l711 West a diatanc:e of 22 ,58 feet to the Point of 'I'v1D.1ms;
said point also >cnc:,.,n as Point 11a11
WfflDlf 00 , l t.f;)c\
The centerline of a 10 foc~. \lide e.ucrent described as follcws; A,.,~
Begimirq at said Paint "8"; ~
then:a Scuth 02002'05" wa.t a distance of 213.13 feet; ~":
thma Scuth 95049 1 09 11 Wut ll distan::e of 1)5,98 !Ht; ~
thlra South 00005 '50" West a distance of JJB .61 feet;
thlra South 86058'46" West a distance of 68.94 feet to Point "C";
thu'a South 54005'47" West a distance of 42.60 f•t to Point "D";
thlnol North 19059'0" w.t a dist.anc::9 ot 167,49 t•t to the Point ot' -r.niJ.n.m;
■aid point belrq on tha nortMutarly Right cf Way llroo or Kr • sr !tall.rood;
thlnca ntumirq to Point "D" ard tearin; Sooth a2°1a •s2" fast a dista.ra: ot' 28 ,87
t'Nt to Point "E" j
tlWl0I So.Ith 92049,09" r.ast 17.71 fnt to the Point ot' 'l'enuma;
thera nturnirq to Point "t" anS btarin; North 1Zo32' 17" Eut a distanol of 25.94
fNt to the Point ot' Temirus; Aid point also >cnc,,ni u Point "C".
BASIS 0, BP8D§S
OOrwldorlrq tha South lino cf tho -t 1/4 cf Soctlcn 34, TC>lnlhlp 4 south, Rorqe
151 Wlot or tho 6th Prl.n:lpol -ldl111 u blarlrq, south 89"36'l5" -. with oil
blarl.rq■ ocntAll.nod horoin relotlvo hereto.
1-)46 • .arl.lJI
t«:ll'E : 'ffllS D>E5 NOi' Rll'RD!Nl'
AIO«JmfflX)N.'IIE'{. lTIS
DmJaI> a<LY TO DD'Icr 'I1il
AffAQm, 01:SaUFna<.
11t'lt_~A,,'TIOU 61' 6.,_'!. • £\..&C., T~ll...1-,,&$ TO Ae&.~·~TE
"NE. Ml6.,_W .._V Vft.Q~T' C1I' Wlt)l[NlNO .$. SN'IT1'io"II. 1)Q..
A"-'l) "ll,&,,,::\~M,OUT'4 AVE .
DATI
Novemb ■r 19, 1990
INITIATED IIY
STAPP SOURCE
l88UI/ACTION PROPOSED
COUNCIL COMMUNICATION
AGENDA ITEM
11 (e)
Public Work ■
SUBJECT Grant of Easement ■ to
PSC for Ga ■ & Electric
Facllitiea in Cu ■hing Park
Stu Fonda, Acting Director of Public Worka
Council approval of the eaoements submitted by Public Service Company on property
located at Cushing Park.
PREVIOUS COUNCIL ACTION
None .
STAPP ANALYSIS
Acceptance of easements for newly .~nstalled gas and electric lines across Cushing
Park.
BACKGROUND
To acconvnodate the widening a nd the depressing of Dartmouth Avenue by the Colorado
Department of Highways, Public Service Company relocated gas and electric lineo
under ground through Cushing Park . Th is was done in the Fal l of 1988 p:-lor to any
other construction . To obtain a more precise location, the lines were installed
before the easements were described. Attached le the easement agreement and a map
depleting the location of the newly installed lines .