HomeMy WebLinkAbout1991 Ordinance No. 033O?.DIJ-;;,!.C E :io . 33
S::RIES OF l 99 Y--
BY AIJJ"riOiU TY
CO.J:lC ll, BILL NO. 33
r:moo.x:m BY COJNClL
l·'.=H3 ER Bl u.o:K
A."1 ORDIN/\.'lCE GR!\.\'TDIG PL,'BLIC SERVICE CO·lPA!U 0: CO:.OR.:00 A UI'll.ITY El\512-0-.'1'
CN CITY PRO?ER'li' LOC.;TD ;.T THE B!-CITY K\S'J'!lO.TER TRE.;T.,0:r PL'-!~.
\..'"t-:£?..::;.5 , the Co lcracb De ?ar""-':E nt of r..:.<;.1 ... ·ay s i s wi d9 ning And reducing
t..l-ie el evation o: Da.r-.... i W::YJt.h .:..venue; an d
\iiiEREAS, i ~ i s ne cessary to grant an overhead utility easemant to
Public Servi ce Ca,;:>any; and
WHEREAS, a previous Ordinance No. 14, Seri es of 1991, granted an
underground easerent; and
WIIEREN!, it is necessary to relocate lines along the service road at
the Bi City Waste,,ater Treatm!nt Plant; and
WHEREAS , in the spirit of cooperation and to assist in the
develop.ent of Santa Fe Drive at the Dartircuth Avenue intersection;
NCM, Tl!E:REFORE' BE 'J'T ~'ED BY nlE CITY OXJNCn. Of nlE cm CF
~, COLORADO, AS FOI..La\'5 :
Section 1. The City Council of the City of Englewood , Colorado
ap;,roves t.lie easerent to the Public Service catpany for the overhead
utility !.~s "'1ich run adjacent to the BiCity Waste,,ater Treatm!nt Plant
as found on attached Utility Easerent Agreerent and Exhibit "A". The Mayor
and the C_ity Cl erk are authorized to approve the attached easement for and
on behalf of the City of Englewood.
Introduced, read in full, and passed on first reading a, the 20th day
of May, 1991.
Published as a Bill for an ordinance on the 23rd day of May, 1991.
Read by title and passed •~ f ina.l reading a, the 3rd day of June,
1991.
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?u:>lished by title as Or dir.a.-.:e :;o , .3 3, s~r ies of 199 1 , on t.'le 6th
c:a y o f June, 1991.
I, Patricia H. Crc,,,, City Clerk of the City of Engle-'OOd, Colorado,
hereby certify that the above and foregoing is a true copy of the Ordinance
passed on final reading and published by title as Ordinance No . '2.2,, series
of 1991.
~~d/ Cl--,
Patrlc!a H. Cro.r
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l!fILITI' FASEMENI' JIGREEMENI'
THI S GRANT o f utility easements (this"Grant") is ll'ade this day of
, 1991 by the CIT\' CF ENGLJ:l,O,JD , COLORADO , ("Grantcrr") whose
-a-,ddr=e_s_s-,1_s _3""4"'0"'0....,,5ou th Elati Street Englewood , Colorado 80110, in favo r of '.he
PUBLIC SERVIC E mn>ANY CF COLO!WJO , ("Gr antee ") whose address is 550 15th
Stree , Denve r , Colorado 80202-4205 .
The parties covenant and agree as follows :
l. FASEMENI' PROPERTY. The "Easemmt Prope.t Ly" shall n-ean the real
property locate d in the County of Arapah06, State of Colorado, nore
particularly described as:
Easement i.s located withi, the ;;,roperty known as Bi-City Waste
Treatrrent Facility shown as sit.uated in the southeast quarter of the
Northeast quarter (SE 1 /4, NE :./4) of Se::tion 33, 1.:iwnship 4 South,
Range 68 West of the Sixth Principal Meridian, Arapahoe County,
Colorado nore particularly des,:rihed as follows:
Cotmencing at the 5outm.e3t corner of said Southeast quarter, Northeast
quarter of Section 33 ; thence N00019 '26"E along the West line of said
Southeast quarter Northeast quarter of Section 33 a distance of 353. 97 feet;
thence S89040°34"E a distance of 28.67 feet to the Point of Beginning; thence
NOOo06 °28"E a distance of 13.84 feet; thence N49024'3l"E a distance of 65 .15
feet ; thence N61°37'37"E a distance of 58 .04 i eet; thence N74°58'0l"E a
distance of 30.00 feet to a Point "A"; thence N74058'0l"E a distance of 28.51
feet ; thence N85o06 '13"E a distance of 54.33 feet; thence N84°16'24"E a
distance of 228.13 feet; thence N38<>:19'24"E a distance of 149.80 feet ; thence
!'08°57'04 "E a di&tance o f 296.03 feet; thence N06o00°46"E a distance of 96.43
f eet ; thence 589041 • 2l"E a distance of 46 .4 9 feet; thence along the arc of a
curve to the l eft having a radius of 150.tO feet and a chord that bears
525051 °50"W an arc distance of 99 .32 feet; thence SQ6053'42"W a distance of
290 . 97 feet ; the nce along the arc of a curve to the right having a radius of
190 .00 feet and a chord that beard 548<>:13°42"W an arc distance of 275.24 feet ;
thence S8 9053 '42 "W a dis t ance o f 183.39 feet ; thence along the arc o f a curve
to the l e ft hav i ng a r adius of 240 . 00 feet and a chord that bears S6 4°39' 38" w
an arc dis tance o f 211.40 f ee the Po int of Beginni ng .
Together wi th 10 . 00 feet i n width being 5 feet on each s ide of the following
described ce n erline :
Beg i nn ina at e befor e men t ioned Point "A"; thence 'l30o00 ' OO "W 30 . 00 feet to
the Point of Terminus .
Basis of Bearing s
Considering the South line of the Northeast 1 /4 of Sec t i.on 33 ,
=ship 4 south , Range 68 West o f he 6t h Principal Meridian as
bearing , South 89°40 °34" East with all bearings contained herein
relative h:?reto .
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2. a:iNSIDERATIOI. As ronsiderat ion for this Grant, Grantee shall pay to
Granter the s un of One Dollar ($1.00) and ot.'1er good and valuable
consideration paid by Grantee , r eceip of which is l>areby acknowl edged by
Granter.
J. GRANT Of EASEMENI'. Granter l>areby grants to Grantee, a perpetual ,
nonexclusi ve un derground/overhead utility easement ( "the Utility Easement")
for the purpose o f constn1cting , operating , rraintaining, repairing , replacing,
and rem:,ving utility lines and devices o f Grantee, that Grantee f i nds
necessary or desirable for Gr antees purposes .
4. ACCESS . Grantee shall have the perpetual, nonexclusive right of
ingress and egress in , to , over , through and across the Easerent Property for
any purpose necessary o r desirable for the full enjoym,nt of the rights
granted to Grant ee under this Gr ant .
5. RESIORI\TIOI. Grantee, agrees that after the ronstruction,
irai ntenance , repair, or replacerent, of any of the Lines and Appurtenances,
the party exercising rights hereunder shall restore the surface to the
Easement Property as nearly as reasonably possible to the grade and rondition
it was in imrediately prior to said construction, rraintenance, repair,
replacement, or enlargerent, except as iray be necessary to acccmrodate the
Lines and AppUrtenances. Party exercising rights hereunder agrees to restore
and repair any J.nt>roverent s of Granter a, the Easement Property which are
damaged , m:xlified or altered by party exercising rights hereunder during sru.d ·
oonstruction , iraintenance, repair, replacerent or enlargement and, further,
agrees to replace any topsoil rerooved fran any cultivated or landscaped areas
on the Easerent Property and to remove any excess earth resulting fran said
construction, rraintenance, repair, replacemen~ or enlargement, at its sole
cost and expense.
6 . suaJl\CENI' AND IJ\TERAL SUPPCRJ'. Granter rovenants and agrees that
Grantee shall have the right of sub3acent and lateral support a, the Easement
Property to whatever extent is necessary or desirable for the full , crnplete
and undisturbed enj 0)'111!nt of the rights granted to Grantee under this grant.
7 . RIGlfl'S OF GRANI'OR . Granter reserves the full right to the
undisturbed ownership, use, and occupancy of the Easement Property insofar as
said ownership , use , and occupancy is ccnsistent with and does not irrpair the
rights gr:>nted to Gr antee i n this Grant.
8 . NO IMPROVEMENI'S. Granter iray construct, erect, o r place structures
o r buildings, on the Easerrent Prcperty . Grantee shall rem:,ve its facilities
upon reasonable notice.
9 . ~-In the event that Grantee shall abandon the rights
granted to tt under this Grant, all right, title and interest hereunder of
Grantee shall cease and terminate, and Granter. shall hold the Easement
Property, as the sane may ~en be, free fran the rights of Grantee so
abandoned and shall own all ma erials and structures of Grantee so abandoned,
provided that Grantee shall have a reasonable period of tine after said
abandonnent in which to rerove any or all Lines and Appurtenances fran the
Easeircnt Pr~y. In the event tha Easarcnt is abandoned by Grantee ,
Grant.c,r shall have the right, a its sole q:,tion, to require Grantee to rerove
o r nPutrali7e an y 11rproverrents const.ructed in the F..aseren by Grantee .
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10. BINDING EFFEx:l'. This Grant shall extend to and be binding upon the
heirs , personal representatives, successors and assigns of the respective!
parties hereto . The tems, covenants, agreenents and conditions in this Grant
s hall be construed as covenants runnir.g with the land.
IN WI'mESS WHEREXlF, the parties he,cto have executed this Grant of
Utility Easement the day and year first above written.
GRAN'I'OR:
CITI OF ENCiLEl',IXlJ, COLORADO
Susan Van Dyke, Mayor
Patnc1a H . CrCM , City Clerk
GRl\NTEE :
PUBLIC SERVICE CXMPANY OF OlI.ORADO
Title
STATE OF COLORADO
cnJNT'i OF
ss .
The foregoing inst.rurent was acknc,.,ledged before ire this __ day of
1991 by ..., , as and attested t o By ____ ....., __ _
::::::::::::::::::::~::: as _______ -_-_-_-:._-_-... -_-_-:._-_-_~_-_-_-_-_-_-_-_-_-,_ ... _-o..,...-
Witness my nand and official seal .
My Ccmni.ssion expires :
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Notary Public
Address:
COUNCIL COMMUNICATION
DATE AGENDA ITEM SUBJECT Public Service Easement
May 20, 1991 11 b
INITIATED BY Bi-City Supervisory Committee
STAFF SOURCE Stewa rt Fonda, Director of Bi-City WWTP
ISSUE/ACTION PROPOSl!!D
The action p ro po ■ed la t o approve by ordinance a modification to an easement
previo u ■ly granted to the Publ i c Service Compa ny of Colorado for the relocated pc,we r
linH to the Bi-C ity WWTP.
PUVIOUS COUNCIL ACTION
On 02/19/91, the Ord inance to g rant an easement to the Public Service Company was
int roduced, read and passed on first reading. On 03/04/91, Ord inance No . 14, Series
of 19 91 · 1aaed on final reading.
STAFF ANALYSIS
Ex isting power lines and poles need to be relocated to accommodate the construction
of the new L i pan Street around the Sant a Fe/Dartmouth intersection. Th,a easement
granted will pro vide the apac e requ ired for the new power l i ne route at the Bi-City
Yl'"WTP. However, the origina l easement was f or underg round power lines, as prepared
b y Public Service Company , when in fact the power l ines are overhead . This action
wil l c o rrect t he Public Service error.
No other alterna tives were identif ied for the relo catio n.
BACKGROUND
The Co l o r a do Departme nt of Hi c;hw a y s ' impr :::>ve me nt o f Santa Fe r esu l t s i n limi.ted
acce ss to t he h ighwa y . I n order t o mai ntain access t o the tr a il e r c o urts r.,n t he
no rthwe st corne r of Santa Fe and Dartmo uth , a new Lipan St reet is requ i r e d and wi 1 1
b e bu ilt by COCH. Co ns truct ion of the ne w s tre et r equi re s t ha t t he PS C powe r l ines
that p r ov i de bac ku p power t o t h e Bi -C ity P l a n t b e r e l ocated t o the no r th of t he
street.
:'he new alignme nt is con s is:.ent with t he Ph a s e Ia c onstrue tion p r ojec t a t t he plant
and ...,i t h t he o ng Range Maste r-Plan .