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Home My WebLink About2007 Ordinance No. 019• • • CON'111ACI: NC\ f q _~7 9 b ii ORDINANCE NO . a SERIES OF 2007 BY AUTHORITY COUNCIL Bll.L NO. 20 IN1RODUCED BY COUNCil. MEMBER WOODWARD AN ORDINANCE AUTHORIZING A "CITY DITCH CROSSING LICENSE AGREEMENT" FOR A FENCE; A "CITY DITCH CROSSING LICENSE AGREEMENT ' FOR A RESIDENTIAL SANITARY SEWER LINE ; AND AN "ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT" TO THE CITY OF ENGLEWOOD-REHABil.lT A TION FUND FOR THE LOCATION OF 3596 SOUTH BANNOCK STREET, ENGLEWOOD, COLORADO . WHERE AS, the Englewo od City Council appro\'ed Ordinance No . 42 , Seri es of 2003 authorizi.,g a License Agreement to install a gate across the City Ditch at 3594 South Bannock Street , an adjacent propen y; and WHERE.<\S, the Englewood City Council passed Ordinance No . 43, Series of 2004 authorizing the owner to maintain a ponion of the Cit y Ditch at 3596 South Bannock Street ; and WHEREAS , the proposed "Enc roachment Pcm1it And Indemnity Agreement" grant s to the City of Englewood Rehabilitation Fund permission to encroach upon the Cit y's propeny for the sole purpo se of maintaining the existing comer of the house and concrete patio, said encroachments consisting of approximatel y one hundred and ten square feel and the pas sage of tl1i s proposed ordinance authorizes the "License-City Ditch Crossing Agreement 11 for such cuc roac lunent and are for the existing structures with removal of the structures the 11 Encroachment Pemtit And Indemnit y Agreement" tenninat es ; and WHEREAS , the proposed "City Ditch Crossing License Agreement" grants to the City of Englewood Rehabilitation Fund to allow for the installation and maintenance of a chain link fence with the 1equirement that successive 0\\ners apply for a new Righ t-of-Way Use Agreement with the City of Englewood; and WHEREAS, the proposed "Cit y Ditch Crossing License Agreement" grants to the City of Englewood Rehabilitation Fund, its successor for assigns a license to cons truct and maint ain a residential sanitary sewer line for 3S96 South Bannock Street, which is needed for the exist ing sewer servic e line crossing the City Ditch and the removal of the existing sewer service tenninates this Agreement; and WHEREAS, the Eng le wood Water and Sewer Board recommended approval of the "City Ditch Crossing Agreement " for a fence ; u "City Ditch Crossing License Agreement " for a residential sanitary sewer line ; and an "Encroachment Penni! and Indemnit y Agreement" to the City of Englewood Rehabilitation Fund for the location of 3S96 South Bannock Street, Eng lewood , Colorado at the March 13 , 2007 , meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil. OF THE CITY OF ENGLEWOOD, COLQ;l.ADQ , AS FOLLOWS: -1- ~-The "City Ditch Crossing Agreement" for 1hc installation and maintenance of a chain link fence , with 1hc requirement thal successive owners apply for a new Right• of-Way Use Agreement with the City of Englewood, attached hereto as "Auachment I," is hereby accepted and approved by the Englewood City Council. ~-The "City Ditch Crossing License Agreement " to construct and maintain a residential sanitary sewer line for 3596 South Bannock Street, auachcd hereto as "Auachment 2" is hereby aceepled and approved by the Englewood City Council. ~-The "Encroachment Permit and Indemnity Agrcen1cnt" permission 10 encroach upon 1hc City's propcny for 1hc sole purpose of mainta ining 1hc existing comer of the house and concrete patio, said encroachments consisting of approximately one hundred and ten square feet, for the existing structures and upon removal of the structures the "Encroachment Permit And Indemnity Agreement " terminates , auachcd hereto as "Auachmenl 3" is hereby accepted and approved by 1hc Englewood City Council. Section 4. The Mayor is authorized to exccu1: and the City Clerk 10 au esl and seal the "City Ditch Crossing License Agreement" and !he "City Ditch Crossing License Agreement" and the "Encroachment Permit and Indemnity Agreement" for and on behalf of the City of Englewood , Colorado. Introduced, read in full. and pa ssed on first reading on 1he 19th da y of March. 2007. Published as a Bill for an Ordinance on the 23rd da y of March , 2007 . Read by 1i1le and passed on final reading on 1hc 2nd day of April, 2007 . Publi sh ed by 1i1le as Ordinance No . ct. Series of 2007 , on 1hc 61h da y of April , 2007 . l, LO'Jcrishia A. Ellis, City Clerk of !he City of l:nglewood, Colorado, hereby certify that 1hr: above and foregoing is a !rue copy of !he Ordinance passed on final reading and ,,,,,..,,,,.,,. o.a,-No.J'l, S<ri• ,,~,. t'., Loucrishia A. Ellis -2- • • • • • • Attachment 1 CITY DITCH CROSSING LICENSE AGREEMENT TlilS LICENSE AGREEMENT, made and entered into u of the __ day of -----~ 200 ____. by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, hereinafter referred to as "Englewood" or "City", and TI!E CITY OF ENGLEWOOD-REHABILITATION FUND, hereinafter referred to as "Licensee"; WITNESSETI! The City, without any warn.nty of its title or interest whatsoever, hereby authorizes Licensee, its successor or assigns to INST ALL AND MAINT AlN A FENCE over the City's Right-of-Way for the City Ditch. The City of Englewood, County of Arapahoe, State of Colorado, described on Exhibit A, attached hereto and made a part hereof, under the following tenns and conditions : 1. Ar.y construction contemplat e or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans approved by the City. 2. Licensee shall notify the City 's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to, Lic ensee 's Fence so that the City may, in its discretion, inspect such operations. 3. Within thirty (30) days from the date of the commencement of construction of said Fence, Licensee shall complete such construction, place and maintain permanent, visible markers of a type and at such locations as designated by the City's Director of Utilities, referring to the centerline of the installation, shall clear the crossing area of all construction debris and restore the area to its previous condition as nearly as may be reasonable. In the event the placing of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified, City may complete the work at the sole e,pense of Licensee . 4. City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within City's Right -of-Way at any time and in such manner as City deems necessary or convenient. City reserves the c.clusive right to contro l all casements and installations. 5. The stipulations and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done on a contract basis . 6, The rights and privileges granied in this License shall be subject to prior agreements, licenses and/or grants , recorded or umecorded, and it shall be Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations . 7. Licensee shall contact and fully cooperate with City 's personnel, and the conslnlction shall be completed without interference with any lawful , usual or ordinary flow of water through the City ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters , or of surface waters in the City Ditch 8. All trenches or holes within City's rights-of-way sha l be backfilled and tamped to the original ground line in layers not to exceed six (6) inches loose measure lo a compaction of ninety percent (90%) Standard Proctor Maximum Density. 9. To extent allowed by law Licensee shall indemnify and save harmless the City, its officers and employees, agai nst any and all claims , damages, actions or causes of action and expenses to which ,t or they may be subjected by rea so n of said sewer line being within and across and under the premises of the City or by reason of any work done or by omission made by Li censee, its agents or employees, in connection with the construction, replacement, maintenance or repair of said installation. 10 . It is expressly agreed that in case of Licensee 's breach ofany of the within promises, City may, at its option, have specific perfonnancc thereof, or sue for damages resulting from such breach . II. Upon abandonment of any right or pri vilege herein granted , the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmle ss City, its officers and employees, shall not tenninate in any event. In granting the above authorization, City reserves the right to make full use of the propeny involved as may be necessary or convenient in the operation of the water works plant and sys tem under control of City. IN WITNESS WHEREOF this instrument has been executed as of the day and yea r first above written. Attest: Loucrishin A. Ellis, City Clerk CITY OF ENGLEWOOD, COLORADO Olga Wolosyn, Mayo r LICENSEE: THE CITY OF ENGLEWOOD- REHABILITATION FUND Bob Simpson, Director • • • • • • LOTS 28 & 29, BLOCK 6, SKERRIHS ADD ITION TO EN GLEWOOD, THIRD FILING, BEING A PART OF THE NE 1 /4, SEC 3 . TOWNSHIP 5 SOUTH, RANGE 68 WES T, 6TH P .M CITY OF ENGLEWOOD , COUNTY OF ARA PAHOE, STATE OF COLORADO EXHIBIT A SHE:ET 1 OF 1 ___________ N 89"J7'02w E _________________ ~ ------642.00' N 1/4 COR . SEC . 3 T5S , R68W, 6TH PM I rOUNO J 1/4° A.LUI.I . MONUMENT STAMPED COLO. DEPT , OF' TRANSPORTATION PLS NO . fHO TAC 12'9~ 0 .O ''fltST ANO 0 11' SOUTH 0, PlATrtO POSlll(»i N 83'06'57° W 15.00' N 73'25'54° W 16.66' WEST JEFFERSON AVENU E (60' R.0.W.) 27278, 1994 IN R"NCE BO X I ~o ;,~ o I {Ep: ~ : -·· . ::----·--··· Q. CL(AHOUT ~ CAS M£TER ,oo r[NCE , AS NOT[O (S) SANITARY t.lANHOl( e SET P\.AS TIC CAP ON 15 R(BA.R Rr.tC 2!>64, @ s ,u,0,1 OHAI N 0 ~ S(CTION CORNER, AS NOTE') :.C:1 l'<\..,3~ i.:.G li'O CONC . 5.0' '.>F'rsn Rl,IC 256 4!1 I --- :,·-~ , --- ~ I I I \_ I LOT 29 "1'' / r-~•"'- 1 t"'""'"' ' !. ',. ___ I I ----- LOT JO/"',/ ' / I ,·. 20· ;,. I f"'"" S0 .00' I I I LEGAL DESCRIPTION I>. PAR C£L Of LANO LOCATED IN TH( NORTH(ASI QUARTER Of' THE NORTH'Nt ST OUA.RT(R Of SECTION J, TOWNSHIP 5 SOulH, RANCE H WCST, or THE SJX'Tl-1 PR INCIPAL M[R IOl AN , CITY Of [NCL[WOOO . COUNTY or ARAPAHO£, STAT( or COLORADO, MORE PARTICULARLY O[SCRIB(O AS rOLLOWS: LO TS 28 AN O 29 , BLOCK IS Of SK CRRllT'S AOOITION TO ENGL[WOOO , THIRD FIUNC AS RECORDED AT BOOK 4, PACE 45 IN THE ARA PAHOE COUNTY CLERK ANO RECOROCR 'S omcc. CONTAINING 2. \SJ SOU ARE rcn 0.049 ACRES MORE OR LESS. GENERA! NOTES 1. DA TE or rl(LO WORK : NO\ICMB(R "J1 ANO OECLMOCR 6, 2002 2. ALL R[f'[R(NCtS TO BOOKS, PACES ANO R(CCPllON NUMBERS ARE PUBLIC DOCUMENTS ON f1L[ IN lHE ARAPAl◄O[ COU NTY CLERK ANO R(COROER'S OFFICE. l . TH IS BOUNO AHY ANO IMPRO VC MENT SURVEY WAS PERf ORMEO 'MlHOUT TH( BENEflT Of A TITLE COMM ITlM(NT. THIS SURVC:Y 00£S NOT CONSTln.Jll: A TITLE S[ARCH BY ROCKY MOUNTAIN CONSULTANTS, INC. TO OET(RMIN ( O'M-IERSHIP, RtCHT -Of-WAYS OR [AS(M[NTS Of" RECORD. 4. TH( HOUSE EN CROACHES ONlO TH E CITY Of O[NV(R OtTCH PROPERTY AS SHO'NN HEREON . 5 . A C-'P BETWEEN THE LOT LINE or LOTS 27 /28 ANO A WOOD f(NCE 15 BEING UTIUZEO BY LOT 27 . BAS!~ YE BEARINGS ALL tii:.:.H,.,j'..'. :iM(.'t,11, rlE:~luN ,1,nr C';.::;::o c:, 7H[ L.:.:;:-:.;:;: er. ":~E NORTli[AST ,t.-C-JARTER , :~ufHttW(S T ONC-OUAR TER LINE B[ARlNC SOU TH 00·00·29~ EASi IN ACCORQANC E W\IH CBS IJ-A0-105 J NOTICE : •AcCOROINC TO COLORADO LAW YOU MUST COM MENCE ANY l[CAL ACTION BASCO UPON ANY DEFECT IN THIS SUR\ICY WITHIN THREE YEA.RS Afl[R YOU nRST DISCOVER SUCH DEFECT . IN NO [I/ENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY OE COMM[NCCO MOR[ THAN TCN YEARS rROM TH( QAlE Of TH [ CERllf1CAT10N SHO'NN H[RtON: NOTICE : ANY PERSON wt-10 KNO'MNClY R(MOVCS, AL T(RS OR OtrAC(S ANY PUBLIC LANO SURVCY IAONUM[NT, OR LANO BOUNDARY MONUMENT OR ACCESSORY, COMMITS A CLASS 2 MISDEMEANOR PURSUANT TO STAT[ STATUTE 18-4-508 C.R.S. SURVEYO R'S CERIIE!GAIE I, JOHN R. 'NEST, ,It, A R[CISTEREO LANO SUR\ICYOR IN THE STATE Of' COLORADO. 00 HEREBY STATE THAT OURINC lH[ MONTHS or NOVEMBER ANO DECEMBER , 2002 , A SURVEY Of THE PROPERTY HEREON RCPRCSENTrO WAS MAO[ UNDER MY DIRECT RESPONSIBILITY, SUPERVISION ANO CHEC KING; THE BOUNDARY CORNERS WERE: MARKED AS SHO'NN ; ANO THAT BOTH SURVEY ANO PLAT ARE TRUE ANO ACCURATE t:.'-~-~ .. Jc1.t.,., T or J.IY KNO'M...EOCE AND BElltr. · .. tt<L .•·•.\'t.;[:/· c;i.. JOHN R. ST, ..R. PLS ~845 :, : ., DAT( F'OR ANO ON BEHALF Of ,... / {"' ROC KY MOUNTAIN CONSUL TAN 8301 (. PRENTICE AVENUE, SUI CR[[NWOOO VILLACC, COLORADO JOJ-741-6000 COUNTY SURvryoR'S CERTJFJCAit: DEPOSIT[~ ltitS ___ OAY OF _______ , 20 __ , AT ____ M., IN 800< ___ Of TH£ COUNTY SUAVCYOR'S LANO SURVEY PLAT SURvCYS AT PAC( ___ , R[C(PIION NUMBER ____ , BOUNDARY AND IMPROVEMENT SURVEY 3596 S. BANNO CK STREET SHEET 1 OF 1 • • • CITY DITCH CROSSING LICENSE AGREEMENT Attachment 2 THIS LICENSE AGREEMENT, made and entered into as of the __ day of -----~ 200__, by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado , hereinafter referred to as "Englewood" or "City", and THE CITY OF ENGLEWOOD-REHABILITATION FUND, hereinafter referred to as "Licensee"; WITNESSETii The City, without any warranty of its title or interest whatsoever, hereby grants to Licensee, its successor or assigns a license to construct and maintain a Resldendal Sanitary Sewer Line for 3S96 South Bannock Street, Englewood, Colorado, over the City's Right-of-Way for the City Ditch. City of Englewood, County of Arapahoe, State of Colorado, as shown on "Exhibit A", attached hereto and made a pan hereof, under the following terms and conditions: I. Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans approved by the City. 2. Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to, Licensee 's Residential Sewer Line so that the City may, in its discretion, inspect such operations. 3. Within thirty (30) days from the date of the commencement of construction of said sewer line, Licensee shall complete such construction, place and maintain permanent, visible markers of a type and at such locations as designated by the City's Director of Utilities , referring to the centerline of tl,e installation, shall clear the crossing area of all construction debris and restore the area to its previous condition as nearly as may h< ,easonable . In the event the placing of the centerline markers and the cle.il ng and restoration of the crossing area i , not completed within the time specified, City may complete the "1ork at the so le expense of Licensee . 4. City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within City's Right-of-Way at any time and in such manner as City deems necessary or convenient. City reserves the exclusive right to .ontrol all easements and inst\lllations . S. The stipulations and conditions of this License shall be incor;,orated into contract specificat ions if the construction or repair herein authorized is to be done on a contract basis . 6. The rights and privileges granted in this License shall be subject to prior agreements , licenses and/or grants, recorded or unrecorded, and it ,hall be Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations . 7. Liceosee shall contact and fully cooperate with City's personnel , and the construction shall be completed without interference with any lawful, usual or ordinary flow of water through the City ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch 8. All trenches or holes within City 's rights-of-way shall be backfilled and tamped to the original ground line in layers not to exceed six (6) inches loose measure to a compaction of ninety percent (90%) Standard Proctor Maximum Deosity . 9. To the extent allowed by law Licensee shall indemnify and save hannless the City, its officers and employees , against any and all claims , damages , actions or causes of action and expeoses to which it or they may be subjected by reason of said sewer line being within and across and under the premises of the City or by reason of any work done or by omission made by Licensee, its agents or employees, in connection with the construction, replacement , maintenance or repair of said installation . 10. It is expressly agreed that in case ofLiceosee's breach of any of the within promises, City may, at its option, have specific performance thereof, or sue for damages resulting from such breach. 11. Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless City, its officers and employees, shall not terminate in any event. In granting the above authoriz.ation, City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under control of City. IN WITNESS WHEREOF this instrument has been executed as of the day and year first above written. Attest: Loucrishia A. Ellis, City Clerk CITY OF ENGLEWOOD, COLORADO Olga Wolosyn, Mayor LICENSEE : THE CITY OF ENGLEWOOD- REHABILITATION FUND Bob Simpson, Director • • • • • • LEGAL DESCRIPTION -SANITARY SEWER SERVICE LINE LOCATION A SANITARY 0 SEW ER S£RVICE LINE LOCATED IN THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERJDJAN, CITY OF ENGLEWOOD , COUNTY OF ARAP AHOF., STATE OF COLORADO , MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 3, WHENCE THE SOUTHEAST CORNER OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE - QUARTER BEARS SOUTH 00°00'29" EAST, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRJPTION; THENCE SOUTH 39°27'04" WEST A DISTANCE OF 918 .56 FEET TO THE MOST EASTERLY CORNER COMMON TO LOTS 27 AND 28, BLOCK 6 OF SKERRITT 'S ADDITION TO ENGLEWOOD, THIRD FILING AS RECORDED IN THE ARAPAHOE COUNTY CLERK AND RECORDERS OFFICE IN BOOK 4 AT PAGE 45 AND A POINT ON THE WESTERLY LINE OF THE CITY DITCH; THENCE SOUTH 31 °13 '32" WEST, ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT 28 , A DISTANCE OF 13.61 FEET TO A POINTON THE CENTERLINE OF SAID SANITARY SEWER SERVICE LINE AND THE TRUE POINT OF . BEGINNING; THENCE CONTI!-" JING ALONG SAID CENTERLINE THE FOLLOWING FIVE (5) COUR SES : I . NORTH 89'37'58" EAST A DISTANCE OF 12 .63 FEET; 2 . THENCE NORTH 56°14'53" EAST A DISTANCE OF 19 .38 FEET; 3. THENCE NORTH 73°48'53" EAST 15 .50 FEET; 4. THENCE NORTH 87°07' 18 " EAST A DISTANCE OF 30.78 FEET; 5. THENCE NORTH 29°12'52" EAST A DISTANCE OF 13.24 FEETT::J A POINTON THE . NORTHERLY BOUNDARY LINE OF SAID CITY DITCH AND THE POINT OF TERMINUS . I. JOHN R. WEST, JR ., A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO, DO HEREBY CERTIFY TIIA T THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISON AND CHECKING . TETRA TEC 830 I E. PRENTICE O I GREENWOOD VILLAGE, CO 80 I I I PHONE (303) 741-6000 1" = 30 ' LOT 25 LOT 26 LOT 27 i VI 8 z ~ al U) LINE TABLE RF ARIN(; EXHIBIT I FNGTH N 1/4, COR , ----- SEC . 3, T5S, R68W, 6TH P.M. fND 3-1/4" ALUM . MON . STAMPED C~DOT, PLS 27278, 1994, IN RANGE BO X ~ POINT OF ,o~ COMMENCEMENT ,;,'";'?"' ""j 0;' ,,, LOT 4 LOT 5 LOT 6 ENGLEWOOD HEIGHTS BK 1, PG 43 LOT 7 >-w ....J ....J < u ~ .,: ~ 3: z ..,: ~ w z w ~ I 0 ... w a: u. ::, 0 U) < w w z :::. ::;~ I-·o U) N < II) w "' ~ (/) c., w z ' iE "' <( N w 0 (Il p 0 u... 0 0 U) • • • • • Attachment 3 ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT THIS AGREEMENT, made this cc-=,,,..,,-,,--,~-day of March, 200 , between the CITY OF ENGLEWOOD, CC':..ORADO , a municipal corporation , the owner ofa cenain parcel of real propeny legally d~sc ribed in "Exhibit A", attached hereto and the CITY OF ENGLEWOOD-REHABil.IT ATION Fl JND . and commonly known as: 350 ; ,outh Bannock Street The City of Englewood, Colcmuo , pursuant to l l-3-4 EMC, hereby grants to the City of Englewood-Rehabilitati r /und pennission to encroach upon the City's propeny for the sole purpose of maintaining the existing comer of the house and concrete patio, attached as "Exhibit A", with said encroachment consisting of approximately one hundred and ten square feet (110 '). The aforesai d property owner and their heirs and assigns unde!'<tMd and agree that: I . They will construct no other permanent stru .~'"· . nc, ·,r,y ,,Iantings which will interfere with the City's full use and enjoyment of its prc ,-.~ny . 2. This pcnnission is a re vocable license and is revocable at will and without cause by the City of Englewood, Colorado without hearing and without noti ce other than Notice of Revocation . 3. That the Propeny Owner shall remove any stru r.ture including exi sting structure and patio after receiving Notice of Revocation by perso:,al service or cenified mail. 4. That the Propeny Owner is estopped to deny the r.ght of the City of Englewood, Colorado, to revoke this Encroachment Permit or to dony the propcny rights of said City . 5. That the Propeny Owner{s) agree to reimburse and indemnify the City of Englewood , Colorado to the extent allowed by law , for all necessary expenses of whatever nature that may be incurred in revoking this Pennit, removing any structure(s) or any other expense as a result of granting the Encroachment Pennit. 6. That the property owners shall maintain insurance coverage sufficient to satisfy any liability arising as a result of this Encroachment Pennit and lndemruty Agreement, and the City of Englewood shall be held harmless from any and all liabilities arising from this action. 7. That the Propeny Owner shall pay all reasonable expenses of prer:uing and recording this Agreement . 8 . That this agreement shall inure to the benefit of and be binding upon the heirs , executors, administrators, assigns , and successors of the respective parties . IN WITNESS WHEREOF, the parties have set their hand, the day and year first wrillen • above. ATTEST : CITY OF ENGLEWOOD, COLORADO a municipal corporation Olg• Wolosyn, Mayor By : ___ Lo_u_c_ri-shi-.a-A--.E-1-li-,,-C-it_y_LG-; -- STATE OF COUNTY OF ARAPAHOE THE CITY OF ENGLEWOOD- REHABILITATION FUND PROPERTY OWNER By:--------------- Bob Simp son, Director ) ) ss. ) The foregoing instrument was acknow,dgcd before me this __ day of , 200 _, Robert Simpson as the Director of the City ofEnglcwood- Rehabilitati on Fund . ~ublic My Commission expires : __ • • • • • LOTS 28 & 29, BLOCK 6, SKERRITTS ADDI TION TO ENGLEWOOD, THIRD FILIN ·::;, BEING A PART oi::-THE NE 1/4, SEC 3. TOWNSHIP 5 SOUTH, RANGE WES T, 6TH P .M EXIIIBJTA CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF Cv LORADO SHEET 1 OF 1 _________ r,,. 811'37'02 ~ E _____________ --__ ct --------6-'2 .00' N 1/4 COR . sec , J T5S, R68W, 6TH PM I rOUNO 3 1/•• ALUM , MONUW(NT STAMPED COLO. DEPT. Of' TRANSPORTATION PLS NO 27278, 1994 IN RANCE BOX I fNO TAC t2H!)e 0 ffWCSI .\HO O 67' SOUTH Of' PlAtlED P09l1(lH N 8J'06'57" W 15.00' N 73'2:','54• W 16.66' WES T JEFFER SON AVENUE (60' R.O.w.) -~D l.1 so 100 LE Gl:ND Q. CL[ANOUT CONCRETE ~ CA.S METC R f[NCE. AS NOTED ~ SANITARY U ANHCX.[ • S(l PlASTlC CAP ON /5 R[(j4R RMC 25645 (.W S 1UrO,I UH-'IN 0 I$ SECTION CORNER. AS NOT['J LOT 27 :. ·, ., · ·s -... 1 .. CONC. 5.0' JFrSET RMC 2!l645 I I I r .. ,, .. , 5000· I I I I LE:CAJ Pf:SCBIPTION ... P.t.RC£L Of LANO LOCATED IN IH[ NGqlH[ASf OUART(R or TH[ NORTHWEST OUART[R or SECTION 3, TOWNS HIP 5 SOUTH, RANCE 68 wE:ST, or TH[ SIXTt; PRINCIPAL MERI DI AN, ClTY 0, [NCL(WOOO , COUNTY Of' ARAPAHOE, ST.A.TC Of COLORADO, MORE PARTICULARLY O(SCR!BEO AS fOUOWS ; LOTS 28 ANO 29, BLOCK e Of' Si<(RRITT 'S ADDIT ION TO ENCL(WOOO . THIRD r1L1NC AS RECOROEO AT BOOK 4, PACE 45 IN TH( ARAPAHOE COUNTY CLERK ANO RECORDER 'S omct. CONTAJNlNC 2,153 SQUARE f((T, 0 049 ACRES MORE OR LESS , GENERAL NOTES I. OAT( or flELO WORK : NOV(MBCR 27 ANO DE CEMBER 6, 2002 2. ALL R(T(R(NCCS 10 BO()f(S , PACES AND R[CCPllON NUMBERS AR( PUBLIC OOCUM CN TS ON rtl( IN TH( ARAPAHO( COUNTY CLERK ANO R(CORO(R 'S OfflC(. J, THIS BOUNDARY ANO IMPRQV[M[NT SURvtY WAS P[RfORMEO WITHOUT THE B(NErlT Of A TITL E COMMITTU(NT , THIS SURVCY DOES NOT CONSTlnJTE A TITLE SEARCH BY ROCKY MOUNT AIN CONSUl TANIS, INC . TO DETERM INE OWNERSHIP , RICHY-or-WAYS OR EAS(M(NTS or RECORD . 4. TH( HOUSE CNCROACHCS ONT O TH[ CITY or l)(NV[R DITCH PROPERTY AS SHO'MI/ HEREON . 5. A GAP B[l'll{EN THE LOT LINE Of LOTS 27/28 ANO A WOOD FENC E IS BEING UTtllZ(O BY LO T 27 . BA SIS Of BEARINGS ,.LL 11El..tt,,..:.~ ::,n\lnl'I ,~i:,~t.l.:N APt [';.'il'.!l U;o ':'i:E'. t .:.:':' Litl: Cr "-i l:: NORTti[AST CNE -OUAR TEK, NORTHl'l{ST ON(-OUtJHER UN( BCARltlC SOU TH 00'00'29_ CAST, IN •CCORP•NCC WITH CIIS q-80-JO!>l NOTICE : "A CCORDING TO COLORADO lAW YOU MUST COMMENCE ANY LEGAL ACTION 8AS[0 UPON ANY OCf(CT IN THIS SURVEY WITHIN THREE YEARS Afl[R YOU rlRST OISCOVCR SUCH OEr(CT. IN NO (VENT MAY ANY ACTION bASEO IJPON ANY otrECl IN THIS SURVEY BE COMMENCEO MOR( THAN TEN Y(ARS fROM TH( OAT( or THE CERTIF'ICUION SHOYiN HERCON: NOTICE : ANY PER SON 'ntiO KNOWINCl Y R[MOV(S, AL TCRS OR O(f'ACES ANY PUBLIC LANO SURVEY MONUMENT. OR LANO BOUNDARY MONUMENT OR ACCESSORY, COMMITS A CLASS 2 MISO[IA[AN OR PURSUANT TO STA l( STA TU T( 18 -4-508 C.R.S. SURVEYOR'S CERTIFICATE I, JOHN R. WEST, .ft, A RE CISTERCO lANO SURVEYOR IN THE STAT( or COLORADO, 00 HEREBY STATE THAT DURING TH( MONTHS OF NOVEMBER ANO OCCEMBER, 2002, A !;URVEY Of THE PROPERT Y HERCON REPRESENTED WAS MAO( UNDER MY OlRECT RESPONSIBILITY, SUPERVISION ANO CHECKING ; THE BOUNDARY COR"4 ERS 'll{R( MARKED AS Sl tOWN ; ANO THAT BOTH SURV(Y ANO PLAT ARE lRU( ANO ACCURATE ~ { ' or MY KNO'M.(OGE ANO BCU(f', ~~~\~ ;;~ ... f~~ .. .. ,t .:• ti'Z,. ~~R ~IT f'Of1 ANO ROCKY M 8301 (. PR(NllC( AVCN CR((NWOOO VllLACE, COi. .J0.J-Hl-6000 COUNTY SURVEYOR 'S CERTlfJCATE DEPOSITED THIS ___ DAY Of----,----, 20 __ , Al ----M., IN BOOK ---Of TM( CCXINTY SU · :YOR'S LANO SUR VCY PLAT SURvt:YS AT PAC( __ , R(CCPTION NUMB(R ____ , BOUNDARY AND IM PROVEMENT SURVEY 3596 S. BANNOCK STREET SHFFT 1 OF' , • • • COUNCIL COMMUNICATION Date: I Agenda Item: I Subject : 1--M_a_r_ch_1_9,_2_0_0_7 _ _,_ ___ 1_1_a_i_i ~-.._v_ar:,~us City Ditch Agreements 3596 S. Bannock St. I Staff Sourcl!: Stewart H. Fonda, Director of Utilities Initiated By: Utilities Department COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On May 19, 2003 City Council approved Ordinance #42 for a License Agreement to install a gate across City property at 3596 South Bann ock Street an adjacent property. On Jul y 19, 2004 City Council approved n ,din •ncu #43 fo r th e owner 10 maintain the surface of a portion of the City Ditch al 3596 South !h.inr, , S:reet. RECOMMENDED ACTION Al their March 13, 2007 meeting, the Englewood Water and Sewer Board re com mend ed Co uncil adopt a Bill for an Ordinance approvrng two permanent encroachment agreements, a City Ditch crossing agreement, and a City Ditch right-of-way us e agreement for 3596 South Bann ock Street. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Engl ewood Housing Rehabilitati on Fund has co me to own 3596 South Bann ock through a rehab loan foreclosure. The Housing Rehabilitation Fu nd currently has the hou se for sale . When an Owner and Encumbrances (O&E) Report was c rdered to prepare for the sale , the issue of various enc roac hments and license agreements was rev ie we d by th e City Attorney's office . The City Attorney's office recommended that th e license agreements, crossing agreement and right-of. way use agreement be completed before the sale to a ne w owner. Attached are the following documents to be execu ted concurrentl y: • The Permanent Encroa chment Agreement An Encrnachment Agreement is needed for the co rner of the house and for the patio . The proposed encroachment is fo r existing structures w ith remova l of the s1ruc1 11 res termin ating the agreement. • City Ditch Crossing Agreement #1 A Cross ing Agreement is needed for the existing se we r service line to cross the City Ditch . Removal of the sewer service would terminate the agreement • City Ditch Right-of-Way Agreement #2 This agreement is for an existing chain link fence . The approved agreement would be execu ted with the ne w owne r with the requirement that succ e~sive owners apply for a new agr~ement w iih the City. Eng le wood will maintain the "se of their easement and the ri ght to install, r~pair, remm ·e, or reloc,lle the City Ditch at an y time deemed necessary . Th e Licensee expre s,,!y assumes full and strict li ability for an1• and all damages of every nature to person or property caused by the point or points w h ere the Li ce ns ee perform s an y work in connection with the crossing i,,,,vided by the Li cense. Th e City reserves the right to make full use of the property necew .ry ,n the operation of th e Ci ty D itch. FINANCIAL IMPACT N one . LIST OF ATTACHMENTS Proposed Bill for O rdinance • • •