The URL can be used to link to this page

Home My WebLink About1991 Ordinance No. 003CJIDINNICE NO. :j Sfl\IES OF 199F° BY Al1ntCJUTI 9 (e) J,fq1 CaJNCIL BllL NO. 9 INl'ROOOCED BY CXUICIL MEMBER ~ Nl CIU>INANCE GiU\Nl'llC PUBLIC smvICE CXH'NlY CF CCUIWlO A lll'ILITY rASEMENr FCR A GAS LillE ~ 'lllE PRCl'ERTY I.CCATED AT 'lllE BICITY ~ TRF.A'lMENl'. WHERFJ\S, Phase 1A iJ1t,rmrements of the BiCity wastewater fieatnl!nt Plant are presently being oonstructed and the exi&tin<J easement and gu line are directly under the new construction; and WHERFJ\S, Phase 1A iltproven-ents have necessitated Public Service ca,pany to relocate its utility eaBllll!!'lt and gas line in order to continue gas service to the existing buildings and the new facilities; NOf, ~, BE IT am,.nmJ BY 'lllE CITY CXlH:Il. CF 'lllE CITY CF DCLIHXD, CXJLCIU\00, AS FCIU1wS: Sec:tl.at l. nie City councll of the City of &,glewood awn,ves a utility easetent to the Public Service Ccapany of Colorado for a new underground gas line which runs through the BiCity Wastewater fieatmer.t Plant property as found oo the attached utility Eusalt Agreerent as Exhil:>it "A". 'nJe Mayor and the City Clerk are authorir.ied to approve the attached easement for and oo b.lhal.f of the City of &,glewood. Introduced, read in full, and passed oo first reading oo the 21st clay of January, 1991. Published as a Bill for an Ordinance I the 24th day of January, 1991. Read by title and passed 00 final reading Ql the 4th day of February, 1991. Published by title as ordinance No. i, Series of 1991, on the 7th of February, 1991. I, Patricia H. Cra.,, City Clerk of the City r i Englewood, Colorado, hereby certify that the above and foregoing is a true oopy of the ordinance passed on final reading and published by title .s ordinance No • ..J..., Series o f 1991. EXHIBIT A lJl'll.IT'l l:ASEltmr ,>,GRE!:l-!F;Tl' THIS GRAm' of utility -ts (t.his "Grant") is !Mele this __ day of , 19 hy the CIT'l OF EllGLl:H'.XX>, CXJURJ\00, ("Granter") whose -a""ddre-,--s-s_l.S,........,,3.,.40"'0.-a-South Elati Street Englewood, Colorado 80110, in favor of the PUBLIC SDlVICE CQ!Pl\NY CF COL<JWlO, ("Grantee") whose address is 550 15 Street, Dewer, Coloraoo 80202-4205. The parties covenant and agree as follows: l. F.l\Sf.1,1ENl' PKPD\TY. The "Easerent Property" shall mean the real prq,erty located in the COJnty of Arapahoe, State of Colorado, rrore pa.rticularly described as: In the NE'l/4 of Section 33, Tcr,inship 4 South, Range 68 !·lest, of the Sixth Principal Meridian in the Ci ':y of E)i(Jlewood, County of Arapahoe, State of Colorado, the c ~nt,er line of the 10' wide easenent is &scri':led as folla,s: Ccrmencl.ng at the Northeast corner of Section .33, TcMnship 4 South, Range 68 llest of the Sixth Principal Meridian, Arapahoe County, Colora&, thence N8904o'oo"w along the North line of the NE 1 /4 of said Section 33 !l disumce of 1317.39 feet; thence soo007'4o"w a distance of 973 .87 feet to the POint of !le!gl.Ming; 'nl<!nce N8904o'o8"w a distance of 620.00 feet to a \?:>int of terminus. 2. OllSIDERATIOO. As 0011sideration for this Grant, Grantee shall pay to Granter the !!tin of One Dollar ( $1. 00) and other good and valuable consiceration paid hy Grantee, receipt of which is hereby ackna,'1eo,ed by Granter . 3. G!'>l~ OF F.ASEl•ll:'l11'. Granter hereby grants to Grantee, a perpetual, na,exclusive easerrent ("t.'1e Utility Easement"), for the E'll"l'Qse of constructing, operating, maintaining, repairing , replacing, and rerrovin•J gas lines and devices of Gra."ltee, that Grantee finds necessary for Grantees ~S. 4. .',CC!;SS . Gr11ntee shall have the ;:,erpetual, nonexc lusive right of ingress a..~d e-,ress in, to, over, through and across t.'le Easenent Property for MY purpose nec'?ssary or desira'>le for t.'le full enjoyrrent of the rights granted to GrM tee uncer this Grant . 5. RI:STCl'-ATICN. Gr11.~tee, ag r ees that after the construction, naintena.,ce, repair, or reolace:-ent, of any of the Lines an d Appurtenances, the JxlrtY e>:ercis ing r ights hereuncli,r shall restore the surface to the Easerer t ?rcnerty a s near_y as reasonably ;XlSS i b le to t.>ie grade and condition it was :..1 i."T'r?diately prior ~o said c-onstruction , Nintenance , re;>a ir , replac~.Jit, or enlarg~;t, exce?t as may be necessary to accarnxiate the Lines a:-.C: .;;,purtenances. Party exercising righ~s hereu.l"'l~J' agree s to restore a."ld re?c,:.= a-.y i"'Tirove-ie:-,ts of Granter oo t..'1e atser,y::,_nt Pro;:,eny wtiich are -l - damaged, r.cxlified or alt<?red by party exercising rights hereunder during said ccnstnction, ffli'lintenMCe, repair , replacement or enlargerrent and, further, agrees to repl11ee any tcr;,soil reroved fran any cultivated or landscaped areas on t.'le !lllser.ent Pro;,erty anrl to rem,ve any excess earth resulting fra11 said construction , raainterw>c<?, rer,air, replacs,rent or enlargment, at its sole cost and expense. 6. SUBJ=r 1\11D LATERI\L SIJPPCRI'. Granter covenants and agrees that Grantee shall have the right of subJ acent and lateral support en the Easerrent Property to whatever extent is necessary or clesirable for t.'le full, ca,plete a.nd undisturbed enjoyrrent of the rights gr~1ted to Grantee under this grant. 7 . RIG!TS CF GRl\l\'KR, Granter reserves t.'le full riaht to t.'le undisturbed cunership, use, and occupancy of the Easerent -Pro;,erty insofar as said <Mnership, use, 11nd occupancy is consistent with and does not iJtt>ai.r the rights granted to Grantee in this Grant . 8 . IM?IIOVE:·E1l'S. Granter tn11y construct, erect, or place structures or buildings, on the Ease:-e!lt Prtl!)erty, only if Granter detennines that the . pu.!)lic conve.'lience or necessity of the public health, safety or general 10elfare requires s :ud ~rovements. Grantee shall rer.011e its facilities ~ rea.."°"able notice ty Granter. 9. M'1lOO~Elr . In t.'le event that Grantee shall abandon the rights granted to it under this Grant, all right, title and interest hereunder of Grantee shall cease a."d terminate, 11nd Gran tor shall hold the Easerrent Pro;,erty, as the sar.e ray then be, free fran the rights of G.antee so abandoned and s hall a.m all rra erials and structures of Grantee so abandoned, provided t.liat Grantee s.'lall have a reasonable period of tirre after said ~d:rarent in which to renove any or all Lines and l\{:p.lltenan...--es fran the Easerent Prt:J!><!rty. In the eve.'lt that Easerrent is abandoned by Grantee, Granter shall have t.'le tight, at its sole q,tion, to require Grantee to renove or neutralize a.'ly ~roverents constructed in the Easment by Grantee . ~O. !lrnDING :::ITEX:T. This Grant shall ei.-tend to and be binding upon the heirs, personal representatives, successors a.~d at.signs t,f the respective parties he·r-ato. 'nlE! terMs, covenants, agreements and oonuitions in this Grant shall be const ro•d as co·,enants ni...ning wit.'l the land. 11. ~L , easerent rer,laces all prior and e:<isting easemants wit.'l subject ;,ropea.-ty. m 1-1:rmi::s i·ri=,, t.'le parties hereto have executed t.'1is Grant of Util ity E'.ase:ier.t t.he day c'\."'l~ year first above written. CITY CF =.El=, C.OLOIWXJ Susan Van Dy};e, t:a~•0r Patricia H. Cr 1, C:ty Clerk -2 - GR/\lll'll:: PUBLIC SERVICE CXJ•IPANY CF CCJDWlQ Title STJ\TE CF CXlLCIWlO c:anm CF ss . nie foreqoing instrurent was acknowledged before ne this day of , 1991 by .,...,......,..__,,,.-,-..,...----as --------'""aiufattested to by -------___________ as ________________ o Witness my hand and official seal. My Cannission expires: -3 - llr,cary Public Address: COUNCIL COIO(UlflCATION DATE AG!:N'OA ITEM SUBJECT Pu b lic Service Easeme nt Jan u ary 21, 1991 11 (a) INITIATED BY Bi-City Supervisory Convnittee STAP'I' SOURC~ Stewa rt Fonda, Director of Bi-City WWTP ISSUE/ACTION PROPOSED The action proposed is to approve by ordinance an easement to the Public Service Company of Colorado f or t he installation of gas line ae .v i ce to replace the existing gae line wh i ch will be disconnected for conatruction . PREVIOUS COUNCIL ACTION No ne . STAl'l' ANALYSIS A• a part 01: the Pha ■e Ia impro v eme nt ■, the construction of the Service/Support Fac ility t>x panaion will beg i n immediately and will be over an existing gas line . In order to c o ntinue gas service t o existing buildings and install lines t o t he new fa cilities, 3 new e asement, appro x imately 40 feet no rth of the ex i st i ng e asement and r unni ng under the roadway, is required. BACJtGROUND The Phase Ia construct ion project is add ing major fac ilities b etween the p l ant and the Servicenter. The existing g as service to ee, ~ral b u ild ings i s i n the construc t ion area and mu st be re~ocated. A port ion of the relocated gas line will be a long an exis t i ng PS C easement and the remainder wi ll be in the easement recrJested. The ea&ement and gas line are inc lud ed in the Phase Ia design. There is no f inancial impact to granting the ea sement.