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Home My WebLink About2008 Ordinance No. 016• • • ORD INANCE NO . ft SERIES OF 200 BY AUTH ORITY CONTRACI NO. '«,-.,.po 8 COUNC IL BIL L NO . 17 I IT RODU CEO BY COUNC IL MEMBER MOORE A ORDINANCE GRANTING A UTILITY EA SEMENT TO PUBLIC SERVICE CO MPANY OF COLORADO FO R INSTALLAT ION OF UNDERGROUND UT ILITI ES AT 2390 WEST WES LEY A VENUE . WHEREAS. th e Cit y Co unci l of th e Ci ty of Englewood authori zed the pu rchase of 2394 Wes t Wes ley Avenue with th e passage of Ordinanct No. 45 , Series of 2005 ; and WHEREAS . the pro pert y, originally known as 2394 West Wesley Avenu e. was re- subdi vi ded administrati ve ly int o thr ee (3) small er si te s known as 23 70, 2380 and 2390 West Wesle y Avenue : and WH EREA S, the City Counci l of the Cit y of Eng lewood au thori zed an intergovernmental agreement with the Arapahoe Communit y Co llege/Area Ca reer and -echnica l Schoo l (ACTS) to build one si ngle fa mil y resid ence on the si te of 2390 West Wesley Avenu e: and WHEREAS . as part of th is developmen t, the electri ca l utilities that se rve th ese three properties will be pl aced und ergrou nd by Public Service Com pany of Colorado fo r whi ch Public Service requires a five foot ·asement along the we st sid e of 2390 \Vest Wesley Avenue; and WHEREAS , the passage of thi s Ordinance authori zes the granting of a five foot uti lit y easement along th e west side of 2390 We st Wesley Avenu e to Pu bli c Service Compa ny of Co lorado for the pl aceme nt of underground elec tri c,11 utilit ies; NOW, THEREFORE. BE IT ORDAIN ED BY TH E CITY COUNC IL OF THE CITY OF ENGLEWOOD . COLORADO. AS FOLLOWS : Sec ti on t . The "Public Service Company of Col orad o Easemen t" from the Ci ty of Englcwocd. Co lora do to th e Public Service Co mpany of Co lorado, allar.hed hereto as Exhibit A. is hereby accepted and approved by the Englewood City Counci l. Secti on 2. The Ma yor is auth orized to execu te and the City Clerk all est and sea l th e Publ ic Service Co mpany of Co lorado Ea sement fo r and on behalf of the Cit y of Englewood. Co lorado . Introdu ced, read ir. full. and pa ssed on fir st rc.1ding on the 3"' day of Marc h, 2008 . -1 - 9 b ii Published as a Bill fo r an Ordin ance on the 7th day of March . 2008 . Read by ti tle and pass ed on final reading on the 17th day of March. 2008 . Pub I ished by 11t le as Ordinance No ./fz._, Se ries of 2007. on the 21st day of March , 2008, -2- • • • OMSION SW MO ROW AGE NT R Lam, DOC . NO. ~TION South Zuni Street & -,., W est Wesley Avenue DESCRIPTION AUTHOR R Lam, Pt.AT/GRID NO AUTHOR ADDRESS 10001 W Hampden Ave. WOfJO/CRE G NO 1 1057922 Lakewood, CO 80227 PUBLIC SERVICE COMPANY OF COLORADO EASEMENT The undersigned Granter hereby acknowtedges receipt of good and va luable consideration from PUBLIC SERVICE COMPAN Y OF COLORADO (Company). 1225-171t1 Street, Denver, Colorado, 80202·5533, in consideration of which Grantor(s) hereby grants unto said Company, its successors and assigns, a non-exclusive easement to construct, operate, maintain, repair , and replace utility lines and all fixtures and devices. used or useful in the operalion of said lines, through, over, under, across. and along a CO:Jrse as said lines may be hereafter constructed in LOT 1, SOUTHLAWN GARDENS A NNEX FILLING NO. 6 SUBDIVISIO N, in the SW1/4 of Section 28, Township 4 South , Range 68 West of the Sixth Principal Meridian in the City of Englewood , County of Arapahoe, State of Colorado, lhe easement being described as follows: The west five (5.0) feet of said Lot 1, adjacent and parallel lo South Zuni Street; The easement is 5.0 feet in widlh . The side boundary lines of the easement shall be lengthened and shortened as necessary to encompass a continuous slrip of not less than the ~bove width at all points on Grantor's property crossed by the above described easement and extenjing to the boundaries of adjacent properties. Together with the right to en1er upon said premises , to survey, construct, maintain , operate. repair, replace. control, and use said utility • s and re lated fixtures and devices, and to remove objects interferin g therewith, including the trimming of trees and bushes , and ether with the right to use so mucn of the adjoining premises of Granter during su,veying, construction , maintenance, repair, removal , or replacement of sa id utility lines and re lated fixtures and devices as may be requ ired to permit the operation of standard ulility construction or repair machinery. The Granier reserves the right to use and occupy the easement for any purpose consistent with the rights and privileges above granted and v.'.lich will not interfere with or endanger any of the said Company's facilities therein or use thereof. Such rese rv ations by the Granter shall in no event include the right to erect or cause to be erected any buildings or structures upon the easement granted or to locate any mobile home or trailer units thereon . In case of the permanent abandonment of the easement. dll right, privilege , and interest granted shail terminate. The work of installing and maintaining said lines and fixtures shall be done with care ; the surface zlor~ t'1e easement shall be restored substantially to its original level and condition . Signed this _____ day of _________ , 2008 . (Type or print name below each signature line with official title if corporation , partnership, etc.): GRANTOR: CITY O F ENG L EWOOD BY:. ________ _ James K . Woodward (print name) ITS: Mayo r • STATE OF COLORADO, )ss . COUNTY OF _________ ) The fo rego ing instrument was acknowledged before me this ____ day of ________ ~ 2~3 ily(Grantor name(s) from abo..-e} . • tness my hand and official seal. My commission Expire s Notary Public Version · 8/98 • • COUNCIL COMMUNICATION Date : Agenda Item : Subject : March 3, 2008 9 a ii Ordinance to gran t utility easement at 2390 We;t Wesley Avenu e to Public Service Comµany of Colorado Initiated 6 1. I Staff Source: Comm 1 ... ,It)' Devt?lormen t D epa rtm ent Harold J. Stitt, Community Deve lopment Man age r --- COUNCIL,,;: •AL AND PREVIOUS COUNCIL ACTION Council approved Ordinance 45, Series 2005 purchas ing 23g4 West Wesley Avenue . Coun cil approved Ordinance 28, Seri es 2007, autho,i,ing an IGA with th e Arapahoe Community College /Area Career and Tec\ .. 1ical Schoo l to build one si ngl e family res idence on th e site. RECOMMENDED ACTION Staff re co.nmends City Council approve a Bill for an Ordinance grant ing a five foo t util ity ease ment to Publi c Service Company of Colo rado fo r p rope rty located •t 2390 West Wesley Ave nue. BACKGitOl.Ji•ID , ANALYSIS, AND ALTERNATIVES IDENTIFIED The p roperty o rigin all y kno w n as 2394 West Wesley Avenue was re-subdiv ided administrative ly into three small er si t"' kn own as 2370, 2380 and 2390 West Wesley Ave nu e. The Arapahoe Community Coll ege/ A rea Career and Te chnica l School (ACTS) is completing the constru cti on of a sing le family house at 23 70 West Wesley Aven ue . The house is sc hed ul ed fo r completion by the end of Ma y 2008. As a part of this deve lopm en t, th e elec tri ca l utilities th at serve th ese properties w ill he pla ced underground by Publi c Service Company of Colorado. In o rd er to accomplish th is, Public Serv ice requires ive feet along th e wes t sid e of Lo t 1 (2390 West Wesley Avenue). FINANCIAL IMPACT Fund 46 covers all cos ts of developm ent. Th ere is no oth er financial impact to the Ci ty. LIST OF ATTACHMENTS Bill fo r an Ordinance