HomeMy WebLinkAbout1991 Ordinance No. 039lU a
BY AIJI'HORIT'l
ORDINANCE NO. j CJ
SDU.ES CF 199r
COONCIL BIIL NO. 3 9
rnmaxx::m BY <lXJNCIL
MEMBER H.l\THAWl'.'i
l\N ORD°1NAl'CE APPROVING FIVE EASDIENI'S FOR THE 3X1l'HG1\TE SANITATICtl DISTRICT
BIG DRY CJlEEK INI'ERCEPTCR E1ISEMENI' !\IOlG 9:XTl'II PI.ATI'E RIVER DRIVE.
W!!ERE!\S, the existing easerent gi ven to Southgate Sanitation District
Big Dry Creek Interceptor is only for connec tion at the Bi-City Wastewater
Treatrrent Plant; and
W!!ERFJIS, is is recessary for Southgate Sanitation District to acquire
additional rights of way, easemmts and licenses fran the City across
additional portions of property ; and
W!!ERFJIS, the addit ional easements are acr oss West Dartm:>uth Avenue ,
across portions of the City property adjacent to Little Dry Creek, across
Little Dry Creek, and along South Platte River Drive;
~, THEREFORE, BE rr CHlAlNED BY THE CITY WJOCIL CF THE CITY CF
~' CTlLCR'o[X)' AS FCU.OiS:
Section 1. tt>e Englewood City Council hereby approves five (5)
easerents for the Southgate Sanitation District as toond on Exhibit A.
Introduced, read in full, and passed oo first reading oo the 17th
day of June, 19 91.
Published as a Bill for an Ordinance oo the 20th clay of June, 1991.
Read L,, title and passed on final reading oo the 1st day of J uly, '
1991.
Published by title as Ordinance No.~ Series of 1991, on the 4th day
o f July, 1991.
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I, Patricia H. Crcrw, City Clerk of ths City o f fngleo..,x,d, Colorado,
hereby certify that the above and for egoing is a true COf1Y of the Ordinance
passed on final reading and publis he d by title a.• Ordinance No • .zl.., Series
of 1991. /?-
~'ff~ < # (A tHef'
Patr cia H. ercrw
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EXHIBI T A
1N1'EiCEPIU< EASEMfNI' l\GRmll:Nr
THIS GUIil!' of easements ( this "Grant" ) is made this day uf
, 19 by the CITY CF El!IGLEKXlO, COLCIWlO---;-T•Grantor") whose
-a-.&lre..--s-s-lS-.3'"'4"'00...,.South Elati Street Englewood, Coloraoo 80110, in favor of the
SX1l'IQTE SANITATICJil DISl'RICT, ("Grantee") whose address is _____ _
nie parties oownant aid agree as follows:
1. SANITARY SDiER ~. 'lhe "Easaient Property" shall mean the real
property located In the Oounty of Arapahoe, state of Cblorado, nore
particularly described as:
Southgate Sanitation District Sanitacy Sewer Easarent 30. 00
Foot Wide Sanitacy Sewer Easement Job IUttler L/2768 (~st
Dartnctuth Avenue) •
A 30.00 foot wide sanitacy -easment 011er and across
a porticn of the East aie-half of Section 33 , '11:Mnship 4
South, Range 68 West of the Sixth principal meridian,
County of Arapahoe, State of Cblorado, being 15.00 feet
oo both sides of the following described center line.
Basis of bearings is the West line of the Southeast
aie-quarter of the Northeast aie-qlarter of said Section
33, the Southwest oorner of said Southeast ooe-quarter of
the Northeast OOl!-quarter is IIDIIRl!llted by a al11nimn cap
in a Range Box -IS No. U083, and the Northwest corner
of said Southwest ooe-quarter of the Northeast
ooe-quarter is 11D1ll1'ellted by a alllnin11n cap in a Range
Box -IS No. U083 ,i th a line between them being
assmed to bear NOOv lS' 17"W.
Camencing at the Southwest oorner of too Southeast
ooe--quarter of the Northeast ~ of said Section
33; thence N09 °U ' 47"E, a distance of 30.40 feet to a
point oo the Northerly right-of-way line of \'est
Dartm:>.lth Avenue, said point being the point of
beginning; thence soo0 1s'11"E, a distance of 29 .98 feet;
thence soo0 17'44 "E, a distance of 30.00 feet to a point
a, the Southerly right-of....,ay line of said \'est Dart!routh
Avenue, said point being the point of terminus , fran
whence the Southwest corner of the southeast me-quarter
of the Northeast me-quarter of said Section 33 bears
N0 9°4s '24"n, a distance of 30.42 feet. The sidelines of
said strip are lengthened or shortened to being oo the
northerly right-of-way line of said West Dartnr,uth
Avenue, n-eet at the angle points, and terminate oo the
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southerly right-<>f.....ay line of said west Dartl!Duth
Avenue, cootaining 1800 square feet or 0.0413 h:res .
Soothgate Sanitation District Sanitary sewc,r E...;emen t Job
NUttler L/2768/M (City o f Englewood).
A sanitary sewer easerent over and across a EX>rt ion of
the Northeast ~arter of the Southeast ~arter
33 , Township 4 SOUth, r ange 68 west of the Sixth
principal meri dian , Coull ty of Arapahoe, State of
Coloraoo, being nr:,re particularly described as follows:
Basis of bem:ings is the North line of the Nortliwest
roe-quarter of the Southeast aie-quarter of said
section 33, the Northeast a:,mer of said Northwest
roe-quarter of the Southea~t roe-quart er is
m:Jlllffl!lttefl by a allninin cap in a Range Box -LS No.
12083 , and the Northwest corner of said Northwest
CJrl<Hlllarler of the southeast ~ is
m:Jll\Jnented by a alumim1t1 cap in Range Box LS No.
12083, with a line between than being ass\ffl!d to
bear S89056 I 57"w,
Ccmnencing at the Northwest cmner of the Northeast
~ of the Southeast ooe-quarter of said
section 33; thence S10035 1 33"E, a distance of lll.89
feet to the point of beginning; theno! 500017 '44 "E,
a distance of 16,19 feet; thence ss1°40'12"w, a
distmice of 13.97 feet; thence N00017°44 ";~. a
distance of 16.19 feet to a EX>int 01 the No1:therly
line of a tract of land as described in Book 32 22 at
Page 411 of the Arapahoe County Records; thence
N51040'12"E and along said Northerly line, a
distance of 13. 97 feet to the EX>int of beginning ,
containing 180 square feet or 0. 004 l\cres.
Soothgate Sanitation Distri ct Sanitary Sewer Easer!Ent Joo Nunt>er
L/2768 /D (City of Englewood),
A sanitary sewer easerent over and across a portic,n of the
Northwest ~arter of the southeast a,e...quarter of Secti on
33, Tomship 4 South, Range 68 west of the Sixth principal
rteI: 'tian, County of Arapahoe, State of Coloraoo, bei.~g nore
parti ::ularly described as follows:
Basis of bearings is the North line of u,, Nor t'.,...,st
one-quarter of the Southeast aie-quarter . ! said Section
3J, the Northwest oorner of said Northwes t aie-quarter of
the southeast roe-qu ·.rter is irommanted by a aluminum c ap
in a Range Box LS t•.,. 1208 3, and ti.a NortJ .;,a s t oorner of
said Northwest ai,!-CJU arter of the SO'Jtheast ooe-quarter
is ironunented by a aluminum cap in a Range Box LS No .
1 2083 , with a line bet..een them being ass umed t o bear
sago s6 ' s 1 "w.
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Cmrrencing at the Northeast oorner of the Northeast
comer of the Northwest a,e-quarter of the southeast
~arter of said Section 33; tht!nce s05055' 54 "w, a
distance of 138.28 feet to a point a, the No~terly
line of a tract of land as described in Book 3222 at Page
411 of the Arapllhoe Co1·~.t.y Records, said point being the
point of beginning; thenc.e s00017' 44 "E, 11 distance of
22.47 feet; thence 559o57'01"w, a distance of 28.57 feet
to a point a, the Northwesterly line of said tract of
land as described in Book 3222 at Page 411; thence
NS1040'l2"E and along said Northwesterly line, a distance
of 36. 28 feet to the point of beginning, containing 320
square feet or 0.007 .Acres.
Southgate Sanitat ion District Sanitary Sewer Easerrent Joo
Nl.l1tler L/27 68/F (City of Ehglewood).
A sanitary sewer easement ooer and across a pc,rtion of
the Northwest one-quarter of the Southeast aiEHj\larter of
Section 33, Township 4 South, Range 68 West of the Sixth
principal meridian, County of Arapahoe, State of
coloraoo, being irore particularly described as follows:
Basi s of bearings is the North line of the Northwest
~er of the Southea!:t ~ of said
sect.ion 33, tlle Northeast comer of said Northwest
one-quarter nf the Southeast ~ is
mnunented by a alt111ini.n cap in a Range Box LS No.
12083, and the Northwest comer of said Northwest
one-<j\larte7: of the Sootheast CJl<HJI.IMter is
mnlm!Jlted b), altmlinun cap in a Range Box LS No.
12083, vi'ch a line betwen then being asslffl!d to
bear S89'"'56' 57"w.
camencing at the Northeast oorner of the Northwest
one-quarter d.: the southeast aie--quarter of said
section 33; thence s17o33'47"w, a distance of 199 .35
feet to the point of beginning; thence ss104 0'12"w,
a distance of 46. 79 feet; thence S70°¼6' 9,1 "w, a
distance of 23.42 feet; thence s000 17 44 E, a
dis tance of 93.00 feet to a point a, the Southcrly
line of a tract of land as described in Book 3280 at
Page 181 o f the Arapahoe COllllty Records; thence
S84°40' 49"w, and a.long said South erly line a
distance o f 29. 73 feet ; thence !-l00°n '44 "w, a
distance of 115. 10 feet to a ?' ,int a, the
Nortlwasterly l ine of a trar.t ,.if land as described
in Book 3222 at Page 411 of the Ar 1'pilhoe COur,ty
Records; thence Easterly and along the Northwesterly
line of said tract of land as described in Book 3222
at Paq, 4ll the following (2) to.u oourses:
1. N75°4 G'so"E , a distance of 69 .33 feet;
2. N51°4o'l2"E, a distance of 0 .86 feet;
.. 3 ..
thence N89057 'Ol"E, a distance of 20. 58 feet to the
point of beginning, caitaining 4 540 square f eet or
0.104 1\cres.
SOUthgate Sanitation District Sanitary Sewer Easement Job
Nll!Tber L/2768/K (City of Englewood-south Platte River Dr ive ).
A sanitary sewer easerent over and across a porti on of
the Northwest aie-quarter of the southeast ooe-quarter of
Sectioo 33, Township 4 south, Range 68 west of the Sixth
principal neridian, County of Arapa.'x:>e, State of
CClorad:J, being rrore particularly described as follows :
Basis of bearings is the North line of the Northwest
one~arter of the southeast aie-q,arter of said
Section 33, the Northeast oorner c-f ~aid Northwest
aie~arter of the Southeast a,e..quaner is
nr:inunented by a al\llUJlin cap in a Range !lox -LS No.
12083, and the North '!St oorner of said Northwest
~a.-:ter of the Southeast ate-<j\lartei is
nr:inimented by a al\JIWl!n cap in a Range Bax LS No.
12083, with a line between them being assuned to
bear ssgo56' 57 11
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a:mnencing at Northeast oorne.r of the Northwest
~er of the ~t" aie-quarter of said
Section 33; thence 924o33 55 W, a distance of 356. 05
feet to a point a, curve, said point being oo the
F.asterly ri;ht-of-way line of South Platte River
Drive, said point be ' the point of beginning;
thence along the Easterly right-of-way line of said
South Platte River Drive and along the Arc of a
curve to the Right whose center bears S72014 '5o"w,
having a Delta of 05o47' ~8 11
, a Radius of 771.67
feet , an Arc distara, of 78.07 feet; then~e
s00017 '44 "E, a distance of 244. 86 feet; thence
514O42'16 11W, ,, distance of 240.49 feet; thence
565°19' 53"E, a distance of 7 .40 feet to a point oo
curve, said point being oo the Easterl y r .i.ght-of-way
line of s aid South Platte River Drive; thoanr.e along
the Easterly right-of-way line of said Sou\:1 1 Platte
Rive:: Drive and along the Arc of a <.urve to the
Ri nh t ·.hose center t ~ r s N65°26°3 8"w, having a De l ta
of :i..1''13' 41 " , a Radius of 771. 67 feet I an Arc
dist ance of 30. 01 feet , thence N65°1 9 53 "w, a
1,i s t ance of 32 .07 f eet; thence Nl4°42°16 "E, a
<ifatance of 261. 72 feet ; thence N00°1 7 ' 44 "w, a
distance of 30 5 .18 feet ; t.1en<.-e N89°56 ' 5 7''E , a
dis t anc e of 10 .38 f eet ; thence N0 0°11'44"1,, a
distance of 11. 30 feet to the point of beg inni ng,
con taining 16 ,875 square feet or 0. 387 Acres .
2 . COOSIDERATIOO . As consideration for this Gr ant , Grantee shall pay to
Grante r the sum of One Dollar ($1.00) and other good and va l uable
consi deration paid by Gr antee , receipt of which is rereby acknow ledged by
Granter .
I
J. ~ OF FASll-!ENl'. Granter hereby grants to Grantee, perpetaa.l,
nonexclusive easenents ("the interceptor Easements"), for the oonstruct.ion and
installation at the Big Ory Creek Basin Interceptor Connection to the Bi-City
Wastewater Treatment Plant.
4. ACCESS. Grantee shall have the perpetual, nonexclusive right of
ingress and egress in, to, over, through and across the Easernent Prq,erties
for any purpose necessary or desirable for the full enjoynent nf the rights
granted to Grantee ull'ler this Grant.
5. RES'l'CllATICl'I Grantee, agrees that after t 'le oonstruction,
maintenarce, repa1r; ;:,r replacElll!llt, of any of the Lules and Appurtenances,
the party exercising rights hereunder shall restore the surface to the
Easment Prq,erties as nearly as reasonably possible to the grade and
condition it was in irml!diately prior to said oonst'ruction, llllintenance,
repair, replacenent, or enlargement, except as may be 118".lE!&sary to accamodate
the Lines and l\f.pUit.enances. Party exercisinq rights nereunder agrees to
restore and repair any i.nprovments of Grant x en the Easement Prq,erty which
are damaged, m::>dified or altered by party e-,cercisi.n,; r lghts l'ereunder during
said construction, maintenance, repair, re~lacement or enlargment and,
further, agrees to replace any topsoil I'P!:.oved !ran any cultivated or
landscaped areas en the &"ISE!ltent Property ir.J to remove llll'j excess earth
resulting !ran said cr,nstruction, maintenance, repair, replaam,nt or
enlargerr.nt, at its sole cost and expense. No surface appurtenances is
allowed.
6. SUBJM:Dn' AND I.ATElU\L 9.JPPCRl'. Granter covenants and agrees that
Grantee shall have the right of subJacent and lateral ~ en the Easment
Prq,erties to whatever extent is necessary or desirable far the full, ca,plete
and undisturbed enjoynent of the rights granted to Grantee under this grant.
7. RIGlfl'S CF G!Wffl:R. Granter reserves the full right to the
undisturbed ownership, use, and occupancy of the Easemant Properties insofar
as said ownership, use, and occupancy is consistent with and roes rot irrpair
the rights granted to Grantee in this Grant.
8. IMPPDVl:MENTS. Granter may construct, erect, or place stnx:tures or
buildings, on the Easement Prq,erties, only if Granter detennines that the
public convenience or necessity of the ~lie health, safety or general
welfare requires said inprovments. Grantee shall rerrove its facilities upon
reasonable ootice by Granter.
9 . l\BI\N!XN-!l:Nl'. In the event that Grantee shall abandon the rights
granted to it under this Grant, all r ight, title and interest hereunder of
Grantee shall cease and terminate, and Grantoi: shall hold the Easement
Prq:,erties , as the sarre may then be, free fran the rights of Grantee so
abandoned and shall own all materials and st=tures of Grant"" so abandoned,
provided that Grant'!<! shall have a reasonable period of tine after said
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abandcnnent in which to mrove any or al 1 Lines and Af.purtenances fran the
Ease!rent Properties. In the event that Easenents are abandoned by Grantee,
Granter shall have the right, at its sole cption, to require Grantee to remove
or neutralize any irrprovments constructed in the Easerents by Grantee.
10. BINIJIN'.i m=. 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. These easements replace all prior and existing easanents with
subject property.
IN wrmESS WllEREXJF, the parties hereto have executed this Grant of
Utility Easenents the day and year first above written.
CRANl'CR:
CI'IY CF EN'.iLEXXXl' CXUJll\lXJ
ATl'EST: Susan Van Dyke, Mayor
Patricia H, era.,, City Clerk
GIU\Nl'EE:
9:XmllATE SANITATictl DISTRICT
STATE OF COI.aWXl
roM1'Y OF
ss .
Title
The foregoing instrurent was ackn<Yledged before n-e this day of
, 1990 by ---.--..,....=,-:--...------as ---------and attested to by -------------------as _________________ o·
Witness my hand and o fficial seal .
My Ccmnission expires:
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Notary Public
Address:
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