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HomeMy WebLinkAbout2007 Ordinance No. 023• • ORDINANCE NO . 2. 3 SERIES OF 2007 -- BY AUTHORITY tx>N'lllACT. NO,, '-j J-J ~t7 . 9 b VI COUNCIL BILL NO . 23 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING AN "INTERGOVERNMENTAL AGREEMENT FOR MAINT ENANCE OF THE BIKE AND PEDESTRIAN TRAIL ACROSS THE CITY OF FNGLEWOOD GOLF COURSE", A "GRANT OF REVOCABLE EASEMENT'AND A "TEMPORARY CONSTRUCTION EASEMENT" BETWEEN SOUTH SUBURBAN P,>JUC & RECREATION DISTRICT AND THE CITY OF ENGLEWOOD , COLORADO PERTAINING TO THE BIKE AND PEDESTRIAN TRAIL ACROSS THE ENGLEWOOD GOLF COURSE . WHEREAS , a hike/bike trail east of the South Platte River was built :n 1985 and South Suburban Park and Recrealion District has maintained the trail; and WHEREAS , the City and Miller Weingarten entered into a lease agreement for 53 acre s of the Englewood Golf Course, which includes a portion of the hike/bike trail east of the South Platte Ri\'er: and WHEREAS, the City owns land for the const ructi on of an extension of the regiona l Bike and Pedestrian Trail: and WHEREAS, South Suburban Park and Recreation Districl wi ll be constructing the Trail facilities across the Englewood Golf Course property and across the South Platte River at no cost to the Ci ty; and WHEREAS , this construction easement will allow the South Suburban Park and Recreation District access to the City's propert y to construct the Bike and Pedestrian Trail facilities as well as fonnalize existing maintenance practices with South Suburban Park and Recreati on District ; NOW, THEREFORE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD . COLORADO . AS FOLLOWS: Section I. The City Council of lhe City of Englewood, Co lorado hereby authorizes an "Intergovernmental agreement for Maintenance of the Bike and Pedestrian Trail Across the Ci ty of Englewood Golf Course", the "Grant of Revocable Ease ment " and the granting of a "Temporary Construction Easement" for the Bike and Pedestrian Trail across the Englr.wood Golf Course between the City of Englewood and the South Suburban Park and Recreation District , attached hereto as "Attachments I, 2 and 3". Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the "Intergovernmenta l Agreement for Maintenanr.e of the Bike and Pedestrian Trail Across the City of Englewood Golf Course", attached hereto as "Attachment I", and the "Grant of Revocable Easement" for the Bike and Pedestrian Trail across the Englewood '.'io lf Course, attached hereto as "Attachment 2", on behalfo f the City of Englewood, Colorado. -1- • • • ~-The Parks and Recreation Director i1 hereby authorized to •ii!l the "Tempormy Collllruction E'aaement", 1111ehed hereto u "A«achment 3", on behalf of the City of EnaJewood, Colorado. Introduced, read in full, and pused on first readin11 on the 19th day of March, 2007 . Pui,lished as a Bill for an Ordinance on the 23"' day of March, 2007 . Read by title and passed on final reading on the 2nd day of April, 2007 . Published by title as Ordinance No.:i.3, Series of 2007, on the 6th day of April, 2007. I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance pass n final reading and '""""°' "> ,;d," ,,,._ No.'.iil, "°" ,noo, V . ;I. i Loucrishia A. Ellis -2- • • • INTERGOYERNMENT AL AGP.EEMENT FOR MAINTENANCE OF THE BIKE AND PEDESTRIAN TRAIL ACROSS TRE CITY OF ENGLEWOOD GOLF COURSE TH IS AGREEMENT, entered into this __ day of::,--,--....,.,. 200 _ by and between the City of Englewood (referred to hereunder as "the City"), whose address is 1000 Englewood Parkway, Englewood, Colorado 80110 and South Suburban Park and Recreation District (referred to hcrew,der as "the District "), whose address is 6631 South University Boulevard , Centennial, Colorado 80121-2913 . WHEREAS, there has been a joint effort by severa l entities including the District and the City to create a Bike and Pedestrian Trail as a part of the Mary Carter Greenway Trail along the So uth Platte River, which would ad d to and coMect with the e."t isting open space areas and trails; and WHEREAS, the Ci ty of Englewood owns the pro perty act uss which the proposed Bike and Pedestrian Trail "ill be bu ilt, lyin g within the City of Sheridan, known as the Englewood Golf Coune ; and WHEREAS . South Suburban Park and Recreation District performs regular maintenance on ot her trai ls in the south metro area ; WHEREAS , it is in the intere st of both parti es for the South Suburban Park an d Recreati on Di strict 10 conduct simila r regular main1cnance on this new ponion of the Bike and Pede strian Trai l across the Englewood Golf Course . NOW THEREFORE, fo r mutual consideration, the receipt of which is hereby acknowledged , th e panics agree as follow s: I. The South Suburban Park and Recreation Distric t will perfonn regular maintenance service on the Bike and Pedestrian Trail across th ~ Englewood Golf Course as de sc ribed in E.,hibits A and B, on a routine and timel y schedul e. 2. This regular maintenance may include but shall not be limited lo mowing along the edges of the trail, maintenance of ovcrha,1ging and all ot her vegetatio n within the Easement , sweepi ng, snow and ice removal, debris cleanup, pruning. pesticide application and graffiti remo val. 3. Maintenance shall also include repair of surface area and all other associ ated structures such as retaining wa lls , rails, fences, etc . 4. The City of Englewood shall pcnnit the South Suburban Park and Recreation District access 10 and along the trail for purposes of said maintenance. 5. This Contract ma • ·ot be modified, amended or olhcr\\ise altered unless mutually agreed upon in wri w1g by the parties . A t t a C h m e n t 5. The Diltrict by and throuah ita employees and aaenta shall be coruidercd for all purposes of the Contract, to be independent contnctor, and not employees of the City. 6. The City by and throuah its employees and aaents shall be considered for all purposes of the Contnc, to be independent contntctors and not employees of the District . 7. The District shall not assian or tntnsfer its interest in the Contract without the written consent of the City of Englewood . Any unauthorized assigmnent or tntnsfer shall render the Contntct null, void and ofno effect as to the City. 8. The District .,hall be responsible for the quality and completion of the maintenance under this A§ecment. 9. Either pany of this Agreement may terminate the Contntct by giving to the other pany 30 days' notice in writing with or without good cause shown. Upon delivery of such notice by the District to the City and upon expiration of the 30 day period, the District shall discontinue all services in connection with tbe performance of the Agreement . 10 . All notices and communications under this Agreement to be mailed or delivered to the City shall be to the following address : Director of Parks and Recreation City of Englewood 1000 Englewood Parkway Englewood , Colorado 80110 All notices and communications pertaining to this Agreement shall be mailed or delivered to the District at the following addres s: --M"""t!O'-Of.p..,i..,___ Executive Dire ctor South Suburban Park and Recreation District 6631 South University Boulevard Littleton, Colorado 80121 11. The terms and conditions of this Agreement shall be binding upon each party, its successors and assigns . 12. Nothing herein shall be corutrued as creating any personal liability on the part of any officer or agent of any public body, which may be party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City or the District. 13. Abandonment. In the event that Grantee shall abandon the rights granted to it under this Grant, all righ, title and interest hereunder of the Grantee shall cease and terminate, and Grantor shall bold the Easement Property, as the same may then be, free from the rigbll of Grantee so abandoned and shall own all materials and structures of the Grantee 10 abandoned. -2- • • • • • • 14. No lntergted Thjrd Panjq. Grantee', maintenance obligations hereunder are for the benefit of Grantor only, and nothing herein expressed or implic, i1 intended or shall be <X>Dltl'Ued to confer or Jive to any person, r.orporation or governmental enticy other than Grantor and Grantee, their successon and assigns, any riaht, remedy or claim hereunder by reason of Grantee's maintenance oommitmcnts herein contained . 15 , Bjnding fff0£l . This Grant shall extend lo and be binding upon the heirs, personal representatives, suc.cessors and assigns of the respective parties hereto . The terms , oovcnanu, agreements and oonditions in this Grant shall be oonstrued as running with the land. IN WlTNESs WHEREOF, the parties hereto have executed this Agreement the day and year first \Witten above, ATTEST: Cicy of Englewood Loucrishia A. Ellis, City Clerk Olga Wolosyn, Mayor ATTEST: South Suburban Park & Recreation District ~ e4/w Katherine C. Geitner, Secretary ~~.c~~ nennis s. Reynolds, ~an Pro-Tern -3- cw EASEMENT DESCRIPTION EXHIBIT A SHEET 1 OF 5 ¥~.iQ ve,rt~,w Y.\i d/-00 AN EAS EME NT OVER ANO ACROSS A PORTION OF THE NOR THWEST QUARTER OF SECTION 4, TOWNSH IP 5 SOUTH, RAN GE 66 WEST OF lHE SIXTH PRINCIP AL MERIDIAN : CITY OF SHERIDAN , COUNTY OF ARAPAHOE , STATE OF COLORADO ; BEING MO RE PARTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT A WITNESS CORNER, BEINGS 89'56'50" W, 50 .14 FEET DISTANT FROM THE CALCULATED POS ITION OF THE NORTH QU ARTER CORNER OF SAID SECTION 4 ANO MONUMENTED BY A 3" BRASS CAP STAMPE D "PLS 2257r, WHENCE THE NORTHVVEST CORNER OF SA1 0 SECTION4, AS MONUMENTE D BY A 2-1/2" ALUMINUM CAP, STAMPED PLS 1143'1, BEARS S 89'56'50" W, A DIS TANCE OF 2,60 5.26 FEET WITH ALL BEARINGS CON TAINE D HEREI N BEI N3 RELATIVE THERETO ; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4 , N 89'58'50" E, A DISTANCE OF 50 .1' FEET TO THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4; THENCE ALONG THE EAST LI NE OF THE NORTHWEST QU ARTER OF SAID SECTION 4, S 00'13'0 3• W, A DISTANCE OF 404 .71 FEET TO THE SOUTH LINE OF REPl.AT OF A PORTION OF THE HM1PDEN BUSIN ESS CENTER ON THE PlATTE : THENCE ALONG SAI D SOUTH LINE , S 72•57'33" W, A DIST ANCE OF 472 .18 FEET TO THE POINT OF BEG INNING; TH ENCE S 29'43'5 8" E, A DISTA NC E OF 213 ,73 FEET : THENCE ALO NG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20 .00 FEET, A CENTRAL ANGL E OF 1~•34•4 1• AN O AN ARC LE NGTH OF 68 62 FEET , THE CHORD OF WHICH BEARS S 08"33 ':>.2" W, AOJSTANCE OF39.53FEET ; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIG HT HAVING A RADI US OF 212 .00 FEET. A CENTRAL ANGLE OF 40'16 '38• AND AN ARC LENGTH OF 149.03 FEET, THE CHORD OF WHIC H BEARS S 69"54 '30" W, A01STANCE OF 14S .98 FEET ; THENCE ALO NG THE ARC OF A RE VERSE CUR VE TO TH E LEFT HAVING A RADIUS OF 98.00 FEET, A CE NTRAL ANGLE OF 19'51 '59" AND AN ARC LENGTH OF 33.96 FEET; • HENCE ALONG THE ARC OF A RE VERS E CUR VE TO TH E RIGHT HAVING A RAD IUS OF 257 .00 FEET , A CENTRAL NGLE OF 12•2e •19• ANO AN ARC LENGTH OF 55 .79 FEET ; THENCE S 82'37 '08" W, A DISTANCE OF 36.35 FEET; THENCE A!.ONG TliE ARC OF A TANGENT CURVE TO THE LEFT HA VING A RADIL'S OF 86 .00 FEET, A CENTRAL ANGLE OF 16'19'2 3" AND AN ARC LENGTH OF 24,50 FEET : THENCE S ea••7•45• w, A DISTANCE OF 35 .77 FEET; THENCE ALONG THE ARC OF A TAN GENT CURVE TO THE RIGHT HAVING A RADIUS OF 224 .00 FEET, A CEN TRAL ANGL E OF 3''35'03" ANO AN ARC LENGTH OF 135.21 FEET; THENCE N 79"07'12" W, A DISTANCE OF 37 ,30 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADlU!= OF 60.00 FEET, A CENTRAL ANGLE OF 37'08'13" AND AN ARC LENGTH OF 38.85 FEET; I HENCES 83'46 '30' W, A DISTANCE OF 56,78 FEET; THENCE ALONG THE ARC OF A TAN GENT CURVE TO THE LEFT HAVING A RADIUS OF 60.00 FEET, A CENTRAL ANGLE OF 37'08'13" ANO AN ARC LENGTH OF 38 .85 FEET; THENCE S 26'40'23' W, A DISTANCE OF 35.4 6 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVIN G A RADIUS OF 157.00 FEET, A CENTRAL ANGLE OF 62'43 '0r ANO AN ARC LENGTH OF 171.88 FEET; THENCE ALONG THE ARC OF A REVERSE CU RVE TO THE LEFT HAVING A RADIUS OF 143.00 FEET , A CENTRAL ANGLE OF 35'09'34" ANO AN ARC LENGTH OF 67 .75 FEET; THENCE N 00'05'58' E, A DISTANCE OF 12,41 FEET; THENCE N 38"38 '2 7" E, A DISTANCE OF 10.05 FEET; V OMPANIES OF COLORADO 2399 BLAKE STREET. DE NVER EXHIBIT A l+tlllf20.-I EASEMENT DESCRIPTION THENCE ALONG THE ARC OF A NON•TANGENT CU"VE TO THI RIOHT Ii.I.VINO A RAOIUS OF 157.00 FEET, A CENTRAL ANGLE OF 28'89'55" ANO AN ARC LINGTH Cl' 79 .48 'IIT, Tlil CHORO Cl' WHICH BEARS N 74'53'33' E, A DISTANCE OF 78 .82 FEET; THENCE ALONG THE ARC OF A REVl!RSI CU"Vl TO THI LIFT nAVINO A RAOIUS OF 143.00 FF.ET , A CENTRAL ANGLE OF 82 '43'07' ANO AN ARC LENGTH Cl' 1ile,IIS fEIT; THENCE N 28'40~3' E, A DISTANC! OF 35.41 FEET: THENCE ALONG THE ARC OF A TANGENT CUAVI TO THE RIGHT HAVING A RAOIUS OF 74 .00 FEET, A CENTRAL ANGLE OF 37 '06'13' ANO AN ARC LENGTH OF 47 .92 FEET: THENCE N 13'46'36' E, A DISTANCE OF !11 .78 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 74 .00 FEET, A CENTRAL ANGLE OF 17'06'13' ANO AN ARC LENGTH OF 47 .92 FEET; THENCE S 79'07'1 2' E, A Cl STANCE OF 37 .30 FEET; THENCE ALONG THE ARC OF A TANGENT CURV! TO THE LEFT HAVING A RAOIUS OF 210 .00 FEET . A CENTRAL ANGLE OF 34'35'03' ANO AN ARC LENOTH OF 126.78 FEET; THENCE N 66°17•45• E, A DISTANCE OF 38 .77 FEET: THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RAOIUS OF 100.00 FEET, A CENTRAL ANGLE OF 16"19'23• ANO AN ARC LENGTH OF 28,49 FEET : THENCE N 82"3T08· E, A DISTANCE OF Je .35 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 243 ,00 FEET, A CENTRAL ANGLE OF 12'26'16' ANO AN ARC LENGTH OF 52 .75 FEET : THENCE ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 112.00 FEET , A CENTRAL ANGLE OF 19'51'59' ANO AN ARC LENGTH OF 38.83 FEET: THE NC:: ALONG THE ARC OF A REVERSE CUR VE TO THE LEFT HAVING A RADIUS OF 108,00 FEET, A CENTRAL ANGLE OF 39 •25•12• ANO AN ARC LENGTH OF 136.2 3 FEEl'; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20 .00 FEET, A CENTRAL ANGLE OF 61"25'5r ANO AN ARC LENGTH OF 21 .44 FEET. THE CHORD OF WHICH BEAR S N 00"26'55" W, A DISTANC E OF 20.43 FEET : THENCE N 29"43'58" W, A DISTANC E OF 218.23 FEET: THENCE N 72"57'33" E, A DISTANCE OF 20 .50 FEET TO THE POINT OF BEGINNING ; CONTAIN ING A CALCULATED AREA OF 18,569 SQUARE FEET OR 0.426 ACRES , MORE OR LESS . IUUSTRATION ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE . SURVEYOR 'S CERTIFICATE I HEREBY CERTIFY THAT THE ATTACHED EASEMENT DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AN O IS ACCURATE TO THE BEST OF MY KNOWLEDGE ANO BELIEF . ALAN WARNER , COLORADO PLS 211e66 FOR ANO ON BEHALF OF V3 COW'ANIES OF COLORADO LTD 231111 BLAKE STREET, SUITE 130 DENVER , CO . 80205 30:1-989-1681 PROJECT : 003031 V3 COMPANIEI OF COl~ 2;,n PLAKE STREET.. STE . 130. DENVER. co. 80205 PH: 303-969-8568 FX: 303-98~9932 0 R CHICAGO PHOENIX • • • ILLUSTRATION FOR N ~ COit. sec, 4 NW -= . EXHIBIT A NO~ ,.':.a':':: Lrcuoi-v1·A1.t.1t. c» SHEET30F5 COltNOtfMilltSOUTHi"I.AnrRMJt LS' ,,,,. ..... 10, f'O/NrO,t:CtMCHCIJIDIT '°''''\ ""'1£S$- fOUNO J· Mm w--......... IUIS OF IIEARINC5 LS zn,, --.......... + -----f.'IM:~,, --------------. -~ .., ~ J: (/) .,,.,,.. . ?Rb PO:'.iE D 7RA:T ..,,.... · Rl'w'E R FAST UN£ OF 111£ NORIH'«Sr Q(Mffll0F"SltflON4 SOO'IJ 'CJ'W 414.1'' :lj -=--n ,,....-... ~•" rn C6 EASEMENT CONTAJNS APPROX. ,a.so• SO FT (0.<26 ACRES). THIS EXHIBIT DOES NOT REPRESENT A MOtM,IENTl!O SURVEY. IT IS INTENOED ONLY TO DEPICT THEAnACHED DESCRIPTION . ·see SHEET 5 FOR LINE & CURVE TABLE Scale : 1"=100' 100 FEET SOUTH SUBURBAN TRAIL EASEMENT RIVERPOINT 200 UNPLATTEO ENGLEWOOD GOLF COURSE 1.LUSTRATION FOR EXHIBIT A SHEET 4 OFS ·-M Iii w J: (/) w w (/) ·see SH EET 5 FOR LINE & CURVE TABLE EASEM!HT CONTAINS APPROX. 18,589 SO FT (0.428 ACRES~ TiilS EXH'9rT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED 0NL Y TO DEPICT THE AlTACHED DESCRIPTION , Scale : 1•=100' 100 FEET SOUTH SUBURBAN TRAIL EASEMENT RIVERPOINT • • 200 • uumv.nON FOR EXHIBIT A SHEETS Of 5 • • • EXHIBITB A 20 foot wide ease'?lent, situated in the west halfofSection 4, Township 5 South, Range 68 West, Arapahoe County, Colorado, along the following described centerline: Beginning at a point on the north right -of-way line of West Oxford Avenue, 75 feet (more or less) west of the South Platte River, where said line intersects an existing bike trail know as the "Mary Caner Greenway "; thence northerly along said existing bike trail a distance of600 feet \ .. Jore or less) to a pedestrian bridge; thence easterly across said bridge to the east side of the South Platte River; thence northerly and northeasterly continuing along the aforesaid existing bike trail a distance of 2,700 feet (more or less) to the western tenninus of the easement defined in Exhibit "A". Survevor's Sta fcment I, David L. Henderson, a regis tered Professi onal Land Surveyor in the State of Colorado, do hereby state that this Legal Description and attached Exhibit were prepared under my direct supervisio., and on the basis of my knowledge, informa tion, and belief, are correct. This legal description and Exhibi t were prepared to depict the approximate existing location of a bike trai l and does not represent a monumented land survey. No field work was performed during the preparation of this description . A new legal description, based on a field su rvey, is recommended and anticipated after re -construction of the Englewood Golf Course is complete . ~;~l\~~o o·Rr;;:,,,~-~ .. -''l:l5'>.:•·Ctl?,,i•f.'c./ I(~-~~i •~ 2S " . '! .. • .• l-. : ff .. ;<.,;.~ ~~<li.•"·· ~ ....... •~~-/ David L. Henderson, Professiona l Land Surveyor ··,,.1:)~1W,~~ 12, 2007 Colorado P.L.S. No . 25632 hr and on behalf of the City of Englewood Public Works Department • • • GRANT OF REVOCABLE EASEMENT KNOW ALL MEN BY 11-IESE PRESENTS, that the City of El· ,!ewood , a Colorado municipal corporation whose place of business is 1000 Englew o':'d Parkway, Englewood, CO 80 110, (hereinafter "Grantor'1, and the South Subuman P,,k.1 and Rer.reation District, whose address is 6631 South Universit y Boule,·ard, Centennial , Col orado 80121-2913 , (hereinafter "Grantee '') for mutual consi derati on, and promises of the Grantee hereinafter specified, docs hereby rcntise, release and quitclaim unto the Grantee, subject to the tenns and conditions hereinafter set fonh and pw-suant to and with the protections granted by the Colorado Recreational Liability Act, C.R.S. Secti on 33-4 1-1 01, et seq ., a revoca ble EASEMEl'fl' to construct, maintain, replace, and remove a rnultiusc , public, non-motorized recreational trai l, which may include pedestrian, bicycle and equestrian U!ie or any other recreati onal uses approved in writing by Granter (hereinafter called "the Trail "), over the Grantor's property as part of the Mary Cart er Greenway Trail , situated in Arapahoe County, State of Colorado, to -wit:" [The Surface only of the property legally described in Exhibits A and B, auachcd here10 and by this reference made a pan of this Easement (hereinafter called "the Easement Area") RESERVING , however, unt o the Grantor, its successors and assigns , the right to constru ct, maintain , use, operate , rel ocate, reconstruct and renew such pro pen y as it mny at any time , and fr om time to tim e, desire within the limits of th e land described above, including the right and privilege to use the Easement for any and all purposes, not inconsistent with the use thereof by Grantee for the purp oses set fonh nbove . ALSO RESERVING, however, unto the Grante r, its successors and as si gns, the exclusive right to use the premises including the right of ingres s and cgn:ss in any such manner as does not unreasonably interfer e with Grantee's use of the Ea sement for said recreational traiVmaintenance access. The forego ing casement is granted according to and subject to the tenns and conditions of that certain Agreement dated ---0--,--,,......,-.,..--c'. entit led ''Intergovernmen tal Agreement For Maintenance of the Pedestrian/Bike Path across the City of Englewood Golf Course", between Grantor and Grantee and is made subject to and upon the following express conditions: 1. This easement is subject to existing interest s in the described property to whomsoever be longing and of whatsoever nature and any an d all extensions and renewals thereof, inc ludi ng but not limited to underground pipe line or lines, or any type of utility line or lin es, if any . A t t a C h m e n t 2. Grantee shall bear the cost of removal, relocation or reconstruction of any and all utilities or other facilities, the removal, relocation or reconstruction of which may be necessary by reason of the use of the Easement for the purposes set fonh above. 3. Gr?.ntee on behalf of ilself, its successors and assigns , covenants and agrees not to construct, without the prior written consent of Grantor, any additional structures on or within the easement herein granted . 4, If the Trail or the Easement, or any part thereof, shall at any time cease to be used by said Grantee for recreational trail purposes, or should it be convened to any other use whatsoever, or should Grantee ever charge a fee to use the Trail, or should the Grantee fail to perfonn any of the conditions herein expressed, then and in any such event , all the right, title , interest, benefits and enjoyment of said Grantee, in and to said premises, for any purposes whatsoever, shall immediately cease. 5. Granter does not warrant its title to the Easement nor undenake to defend the Grantee in the peaceable possess ion , use or enjoyment thereof; and the grant herein made is subject to all outstanding rights or interest of others, including the ten ant s and li censees of the Granter, 6. Grantee must notify the Granter and obtain its approval at least 120 days before any transfer or a!isignment of ownership for the Recreation Trail. As a condition of the grant made herein, it is agreed that any transfer of the rights in the recreational trail by Grantee must include the same obligations for maintenance , repair, replacement or removal provided for herein or the obligations will remain the responsibility and financial liability of Grantee . 7. Grantee shall not use the Recreation Trail or any portion of the described premise or permit it to be used except for the usual and ordinary purposes for a non-motorized recreational trail or for maintaining the trail, fencing and draina ge improvements. • • • • • • TO HA VE AND TO HOLD THE SAME, together with all the hereditaments and appunenances thereunto belonging to Grantee for public use and enjoyment for the purposes aforesaid and for no other purpose whatsoever subject to the tenns and conditions hereinbefore stated herein. SOUTH SUBURBAN PARKS AND RECREATION DISTRICT CITY OF ENGLEWOOD, COLORADO By~J-~ By ________ _ Dennis S, Reynolds, Chainnan Pro-Tem STATE OF COLORADO ) ) ss. ATTEST : Loucrlshia A. Ellis, City Clerk COUN1i'OF ARAPAHOE ~ ~~A , Ac.~o , ged e ore m~ dRJC o~~ , 2002_, by ~Mf, , a ~~,., ___ ofSo uthSuburban Parks and Recreati n District. / MyConunissionexpires: ~/'>., ~)/11 t~&;tl4L~ EXHIBIT .A ¥.~lQ ve.rt'1.t.e. v.mlJ,llF,1 SHEET t OF S EASEMENT DESCRIPTION AN EASEMENT OVER AND ACROSS A PORTION OF THE NORTHWEST QUARTER OF SECT ION 4, TOWNSh!P 5 SOUTH, RM/GE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN : CITY OF SHERIDAN, COUNTY OF ARAPAHOE, STATE OF COLORADO; BEING MORE PARTJCULAR L Y DESCRIBED AS FOLLOWS : COMMENCING AT A WITNESS CORNER, BEING S a;'S6'50~ W, 50.14 FEET DISTANT FROM THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 AND MONUMENTED BY A 3" BRASS CAP STAMPED "PLS 2257 r , WHENCE THE NORTHWEST CORNER OF SAID SECTION 4, AS MONUMENTED BY A 2-112" ALUMINUM CAP, STAMPED PLS 11-C3 ◄, BEARS S 89"56'50" W. A DI STANCE OF 2,605 .26 FEET WIT H ALL BEARINGS CONTAINED HEREIN B::ING RELAT IVE THERETO; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SA10 SECTION 4, N 89 "56'50" E, A DISTANCE OF 50 .1< FEET TO THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4; THENCE ALONG THE EAST LI NE OF THE NORTHINEST QUARTER OF SAID SECTION 4, S 00 '13'03" W, A DISTANCE OF 464 .71 FEET TO THE SOUiH LINE OF REPLAT OF A PORTION OF THE HAMPDEN BUS IN ESS CENTER ON THE PLATTE; THENCE ALONG SA ID SOUTH LINE, S 72"57'33" W, A DISTANCE OF 472 .16 FE ET TO THE PO INT OF BEGINNING; THENCE S 29'113'58 " E. A DISTANCE OF 213 ,73 FEET; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVIN G A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 196'34'41' ANO AN ARC LENGTH OF 68 .62 FEET , THE CHORD OF WH ICH BEARS S 06'33'22" W, A DISTANCE OF 39 .58 FEET; THEl~CE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 212.00 FEET, A CENTRAL ANGLE OF 40'16'38" ANO AN ARC LENGTH OF 11\9.03 FEET, THE CHORD OF WHICH BEARS S 09'54'30" W, A DISTANCE OF 1 <5 .98 FEET ; THEtlCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 98.00 FE ET, A CENTRAL ANG LE • OF 19'51'59" AND AN ARC LENGTH OF 33.98 FEET : THE NC E ALONG THE ARC OF A REVE RSE CURVE TO THE RIGHT HAVING A RADIUS OF 257.00 FEET, A CENTRAL ANGLE OF 12"26'18" AND AN ARC LENGTH OF 55.79 FEET; THE NC E S 62'37'08" W, A DISTANCE OF 36 .35 FEET ; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAV IN G A RADIUS OF 86.00 FEET, A CENTRAL ANG LE OF 16'19'23" ANO AN ARC LENGTH OF 24 .50 FEET; THE~~CE S 66.17'45• W, A DISTANCE OF 35 .77 FEET ; THEMCE ALONG THE ARC OF A TANGENT CU.:WE TO THE RIGHT HAV ING A RADIUS OF 224 .00 FEET, A CENTRAL ANGLE OF 34'35'03" ANO AN ARC LENGTH OF '35.21 FEET: THENCE N 79'07'1 2" W, A DISTANCE OF 37 .30 FEET: THENCE ALONG THE ARC OF A T AN GENT CURVE TO THE LEFT HAVING A RADIUS Or= 60 .00 FEET, A CENTRAL ANGLE OF 37'06'13" AN D AN ARC LENGTH OF 38 .85 FEET: THENCE S 63'46'36" W, A DISTANCE OF 5B .7B FEET: THENCE ALONG THE ARC OF A TANG ENT CURVE TO THE LEFT HAVING A RADIUS OF FJJ 00 FEET, A CENTRAL ANGLE OF 37•00•13· AND AN ARC LENGTH OF 36.85 FEET; THENCE S 28'40'23" W, A DISTANCE OF 35.48 F:ET; THEUCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 157.00 FEET, A CENTRAL ANGLE OF 62'43'07" ANO AN ARC LENGTH OF 171.86 FEET: THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 143.00 FEET , A CENTRAL ANGLE OF 35•09·34· AND AN ARC LENGTH OF B7 .75 FEET : THE NCE N 00•05·55• E, A DISTANCE OF 12.41 FEET; THENCE N 36 "38'2r E, A DISTANCE OF 10.05 FEET; COMPANIES OF COLORADO 2399 BLAKE STREET. DENVER EXHIBIT A SHEET 2 OF 5 EASEMENT DESCRIPTION y~g ve,rt1.1,w v.m!.Y J.ia THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 157.00 FEET, A CENTRAL ANGLE OF 2a•59·55• AND AN ARC LENGTH OF 79 .◄6 FEET, THE CHORD OF WHICH BE ARS N 74•53•33 • E, A DIS TANCE OF 78.62 FEET: THENCE ALC,r,1G THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RAD IUS OF 143.00 FEET , A CENTRAL ANGL E OF 62.43'07" AN D AN ARC LENGTH OF 156.53 FEET; THENCE N 26'40'23" E, A DISTANCE OF 35,48 FEET; THENCE ALONG THE ARC OF A TANGEN T CURVE TO THE RIGHT HAVING A RADIUS OF 74.00 FEET, A CENTRAL ANGLE OF 37'06'1Y ANO AN ARC LENGTH OF 47 .02 FEET; THENCE N 63 '46'36K E, A DISTANCE OF 58.78 FEET; TH:NCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 74,00 FEET, A CENTRAL ANGLE OF 37"06'13" AND AN ARC LENGTH OF 47 .92 FEET; THENCE S 79 •or12· e, A DISTANCE OF 37.30 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 210.00 FEET, A CENTRAL ANGLE OF 34"35'03" ANO AN ARC LENGTH OF 126.76 FEET; THENCE N 66"17'◄5" E, A DISTANCE OF 35 .77 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 100 .00 FEET, A CEN TRAL ANGL E OF 16"19'23" AN D AN ARC LENGTH OF 28.49 FEET; THENCE N 82"37'08" E, A DISTANC E OF 36 .35 FEET; THENCE ALO NG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RAD IUS OF 2-43 .00 FEET, A CENTRA.L ANG!.E OF 12"26'18" AN D AN ARC LENGTH OF 52 .75 FEET ; THENC E ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 112 .00 FEET, A CENTRAL ANGL E OF 19°51 '59" AND AN ARC LENGTH OF 3B.B3 FEET; THENCE ALO NG THE ARC OF A REVERSE CURVE TO THE LEFT HAV ING A RAD IUS OF 198.00 FEET, A CENTRAL ANG LE OF 39"25'12" ANO AN ARC LENGTH OF 136.23 FEET; THE CE ALONG THE ARC OF A NON-TANGENT CUR VE TO THE RIGHT HAVING A RAD IUS OF 20.00 FEET, A CENTRAL ANGLE OF 61"25'53" ANO AN ARC LENGTH OF 21 .44 FE ET , THE CHOrlD OF WHICH BEARS N00"26'55" W, A DISTANCE OF 20.4 3 FEET ; THE NC E N 29".!3'5B" W, A DISTANCE OF 218 .23 FEET; THENCE N 72'57'33" E, A DIST ANCE OF 20.50 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 18,509 SQUARE FEET OR 0.42 6 ACRES, MORE OR LESS. ILLUSTRATIO N ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY Tl-iATTHEATTACHED EASEMENT DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRE CT SUPERVISION AND IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. AIAN WARNER , COLORADO PLS 28668 FOR AN D C•~ BcHALF OF V3 CC,.OPAIi;C.~ OF COLORADO L TO 2399 8:J,.i\E STREET, SUrTE 130 1,ENV ER, ca. 80205 303-989-8588 PROJECT : D03038 VJ COMPANIES OF COLORADO 2399 BLAKE STREET ., STE , 130, DENVER, CO . 80205 PH : 303-989-8588 FX: 303-989,9932 DENVER CHIC AGO PHOENIX • • • • ILLUSTRATION FOR WW COR,, sec. 4 EXHIBIT A SHEET 3 OF 5 I F'OUND 2-1/2 • .ALUU. W is 1'4J4 POINr OF COMJJDICOJDIT wrrnrss CORHER fOUNO J• BMSS CAP &ISJS Of' BtMlflCS !S 12l7'~ ~ + -------f/l;h~i2t' --------------_ -+ rur LIN£ Of THE NORmw£5T OUMTER OF S£C770N 4 S00'1J'0J-W 464.71' NT OF INNING ------// /I EASEMENT CONT AI NS APPROX . 18,569 SO FT (0.426 AC RES). THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT 'THE ATTACHED DESCRIPTION , I 'S EE SHEET 5 FOR LINE & CURVE TABLE Scale : 1"=100' o-=-=--=~•~oo~===S'oo FEET SOUTH SUBURBAN TRAIL EASEMENT b OeQVCC, CO 80205 RIVERPOINT En<ineers 12l99Bl,bSt1oo~S,i1olJO Scientists 3Dl.Ylt9,85 88 voice NW 11◄, sec . 4, r. s s ., R. ea w, er1-1 PM Surveyors ~~;.!!·!932 r11t '===-c_o_u_ITTY_o~• AIW'==AH...,,,o•,.,·,,,s""r,,..TE_o_,Tc'"'o"'LOAAOO-===----il COMPANIES OF COLORADO LTD. i-;g'"~"~."": P'-'M"'----!'~:i~iiTE-1'i~o-,1'!a1'!_c'\;,;3:;,;.--+;~,'i~,;~,-;: ~ci~A,c,30~3~8 --11 I ILLUSTRATION FOR EXHIBIT A SHEET ◄ OF5 \ PROPOSED 7RA:::T 11 · -. _. :\.'ER POI~~":" Si..iaD. ---·-·-·-.-· ....... · UNPLATTED _,,. . --. --. -- "SEE SHEET 5 FOR LINE & CUR VE TABLE Scale : 1'=100' EASEMENT CONTAINS APPROX. 18,689 SQ FT (0.428ACRES), THIS EXHIBIT DOES NOT REPRESENT A MONI.MENlcD SURVEY , 100 IT IS INTENDED ONL V TO DEPICT THE ATTACHED DESc.RIPTION . FEET t:,· Denver, CO 80205 RIVElWOINT 200 © Enuineers 1"""'""8""~,u1~13 , SOUTHSUBURBANTRAJLEASEMENT Scientists JOJ .919 .lllholu NW t/4, SEC .,. T. 5 s .. ~-51 w, 8TH PM Surveyors t~~:::,;:,mru 1-__ cou __ NTY_OF~MW'~-AH-o_e._•_r_Are_OF~c01.=o~RAOO=~----H COMPANIES OP COU1RADO LTD. 1-'~;<c~>!lo:"'-' ,:,PM,,___ __ -1.!;'~CA,;,.Ti.,L"'~-",1,2"'-~:.;re~--!'f:~~~;c: ":::1"';_"'038"'------H • • • CURVE RADIUS c, •nnn• C2 ?1 " nn• CJ •• nn• C4 ?~JM' C5 ••nn• CB ""' nn• C7 ""nn• ca ··-· C9 1&"' nn• ~ _1J,""' C11 ,• .. ..v.• C12 "nn' CIJ ,4 nn' Cl4 ••nn• C15 ••n nn • CIB ,nnnn• C17 ., .. ..v.• CIB 112.0D' C19 1,.a nn• C20 .. ... ILLUSTRATION FOR EXHIBIT A SHEET 5 OF 15 LINE LI L2 LJ L4 L5 L6 l7 LB l 9 L10 LIi l12 LIJ CURVE TABLE DEl.TA LENGTH 1DR"ll..l.1,11 • ..... 4D'18''8" 1.10 n,• , .. ., .... .. ... 1?'?A'1A• ..... 111:.'101'>,• .. ••' s.•,s•o,• , ..... i.7'nR'1_,• .. ••' '"" ..... 6T43'n7• ,.,, aa• JS'oo•,4• ., 1•• 2H"~R•~s• ..... 5r4,•07• , ..... '"" ..... '"08 '1.l. ,. ... :u•,s•n,• 1"": ., •• ts-10'"" ,. •.. . , .. .. .,7-.• -~-····· ..... ·-••'to" ,, ....... .,.,. .... ., ... . CHORD BE:ARINO DISTANCE 1Jn~•3 .3 '22•E ,. N89"54'.:m•i:: 14'. oorrn•'••~ .. •-.a •r ••a , C:74'?71'.IK-W 244'' IJAT',-.'tE •F' ,,i: 7 ' c.-a.,.,a•.1".l"W '"· c:.1.-.• 1,' '"1 ••rm 'S!"r 1"' ,· C..71° .. R'",""' .. S74''53'.l~ -w ,. ••rn•'Sll"r 148. c;, .. ~,., • 47 . ~·r1a'4a -w 47 N8.T'"''18•F' 124. 4' S74''7'••~ .. •-.a•r .. oorrn•'••~ '" 4 ' "•rr•n•n •r ,,,, ' ,,;;;nn''JA '-.-.•E ?n "·'' • • EXHIBITB A 20 foot wide easement, situated in the west half of Section 4, Township S South, Range 68 We st, Arapahoe County, Colorado, along the following described centerline: Beginning at a point on the nonh right-of-way line of West Oxford Avenue, :'S feet (m ore or less) west of the South Platte River, where said line intersects an existing bike trail know as the "Mary Caner Greenway"; thence northerly along said existing bike trail a distance of 600 feet (more or less) to a pedestrian bridge; thence easterly across said bridge to the east side of the South Platte River; thence nonherly and n, nheastcrly continuing along the aforesaid existing bike trail a distance of2,700 fr •·, (more or Jess) to the weste rn terminus of the easement defined in Exhibit "A". Surveyor's Statement I, David L. He .. derson, a registered Profe ss ional Lano Surveyor in the Stale of Colorado , do hereby sla te that tltis Legal De scription and attached Exhibit were prepared under my direct supervision and on the basis of my knowledge, information , and belief, are correct This legal description and Exhibit were prepared to depict the approximate existing location of e bike trai l and docs not represent a monumented land survey . No field wor~ was pc-rl onned during the preparation of I his description . A new legal description , baseo on a fie ld survey, is recommended a.id anticipated after re-construction of the Englewood Golf Course is complete . • • • TEMPQRAR)'. CONSTRUCTION EASEMENT THIS AGREEMENT is made by 3lld between the CITY OF ENGLEWOOD, COLORADO, (hereinafter referred to as "the City"), Grantor and SOUTH SUBURBAN PARK AND RECREATION DISTRICT, 6631 South University Blvd, Littleton, Colorado 80121. WHEREAS, the City and South Suburban Parle and Recreation District wish to enter into a cooperative arrangement to allow for the construction and maintenance of the Bike and Pedestrian Trail located across the Englewood Golf Course and the South Platte River; and WHEREAS, South Suburban Park and Recreation Distric 1 will be ,:onstru :ting the Bike and Pedestrian Trail facilities at the Englewood Golf C=e and So•1th P!alte at no cost to the City and for this consideration, the Granter will all ow the use of ·• follow ing desc rib e.I property for construction of said Bike and Pedestrian Trail facility; and WHEREAS, the Temporary Construction Easement shal ! be for thr reel property located in the County of Arapahoe, State of Colorado more parti cularly described oi, :h, .~tc.,hed Exhibits A and B; and WHEREAS, the South Suburban Park and Recrenti o" ·,::st,·ci •fJJ ecS !hat the construction of this Bike and Pedestrian Trail shall not interfort'. wit i. ,!..:~ :cconstruction of the Englewood Golf Course . NOW, THEREFORE, it is agreed between the City and South Suburban Park and Recreation District as follows: The City hereby grants to South Suburban Park and Recreation District and its representative contractor a temporary construction easement upon the property described above solely for the construction of a Bike and Pedestrian Trail facility as described in the construction drawint , for the Bike and Pedestrian Trail Improvements made for South Suburban hrk "1.d Rrcrealion Di strict and the attached Exhibits A and B, and for the regra da~ oi .he surrounding area . A t t a C h m e n t This agreement shall tcnninate upon completion and aprroval of the Bike and Pedestrian Trail facility by the South Suburban Par!< and Recreation District and the City of Enalcwood, or, by mutual agreement , at an earlier date. IN WITNESS WHEREOF, the panics hereto have set their hand and seals ss of the ___ day of ________ , 200_. GRANTOR: CITY OF ENGLEWOOD, COLORADO By Jerrell Bl ack, Parks and Recreation Director STATEOFal,~/4 ) /L, ~,J. )ss. COUNTY OF~,_,,_,,~) ATTEST : Loucrishia A. Ellis , City Clerk GRANTEE: SOUTI-1 SUBURBAN PARK AND RECREATION DISTRICT Director c., SUBSC\UBED AND SWORN to before me bµo;'t/ ,4. ~ z.. as C. ,(~ /?,'a ,·ti?<: of South Suburban Park and Recreation District. My commission expires : • • • EXHIBIT A SHEET I OF 5 EASEMENT DESCR IPTION ~IQ ve,rt~ V.1;1 0,\ll'a AN EASEl.1aNT OVER ANO ACROSS A PORTION OF THE NORTHWEST QUARTER OF SEC TI ON 4, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCI PAL MERI DIAN ; CITY OF SHERIDAN, COUN TY OF ARAPAHOE . STATE OF COLORADO ; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMM EN CING AT A WITNESS CORNER, BEINGS 89'56'50" W, 50 .14 FEET DI STANT FROM T HE CAL CULATED POSITION OF THE NORTH QUARTER CORNER OF SAIC SECTION ◄ AN O MONUMENTED BY A 3' BRASS CAP STAMl-c:U "PLS 225 71 ', WHENCE THE NORTH WEST CORNER OF SA ID Sf ~ r OI\ d , AS MONUMENTED BY A 2·1/2" ALUMINUM CAP, SiAMPED PLS 114 3'4, BEARS S ae·ss·sa· w, A DIST ANCE 01· '?6CS~!G FEET WITH ALL BEAR INGS CONTAINED HEREI N BEING RELA'rlVH ."HER ETO ; THENCE ALON G THE NORTH Lil =~ OF THE NORTHwes·r QUART ER OF SAID SEC TI ON 4, N se·oe·n r., ._ OISTANr.E OF 50 .14 FEET TO me CAI ,.;uLATEO POS ITION OF THE NORTH QUARTER CORNER OF SAID Sl:~TIOP.. 4; THENCE ALONG THE EA ~T LI NE OF THE NORTHWEST QUARTER OF SAID SECTION 4, $ 00 '13'0 3" W, A OIS T~J..;E OF 4€(,7 ! FEET TO THE SOLtH LIN E OF REPLAT OF A PORTION OF THE HAMPDEN BUS INESS CENTER ON 1HE PLATTE ; THENCE ALONG SAID SOUTH _I ME, S 72'57'3Y W, A DISTAN CE OF 472 .16 FEE T TO THE POINT OF BEGINNl:,JG; THENCE S 29 °43 '58' E, ~r ;<;·:ANCE OF 213 .73 FEET; THENCE ALONG TH E •,"C OF A NON-TANGENT CU R'.'~';(~ :·.-,e RIGHT HAVIN G A RADIUS OF 20 .00FEET, A CENTRAL ANGLE OF 196'34 '4 1' .:,,~ \NARC LE ~~GTH OF 66 .62 Fifl. THE CHORD OF WHICH BEARS S 06"33'22" W, AOISTANCE OF 39 .58 FEET; . THENCE ALO NG THE ARC OF II NON-TAN GE NT curwe TO THE RIGH T HAVlNGA RADIUS OF :!12.00 FEET, A CENTRAL ANGLE OF 10'16'38" ANO AN ARC LENGTH OF 1·19 .03 FEE T, THE CHORD OF WHICH BEARS S 69'54'30"W, A DISTANCE OF 145.98 FEET ; TH ENC~ ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVIN G A RADIUS OF 98 .0 0 FEET, A CENTRAL ANGLE • ur 13"51'59" AN D AN ARC LE N~T'H OF 33 .98 FEET: ·, ;,,,::!: ALONG THE ARC ,._,f ,... .~EVERSE CURVE TO THE RIGHT HAVING A RAOJUS OF 257 .00 FEET, A CENTRAL ,-',!3LE OF 12'26'1 8. AN O AN ARC LE NG TH OF 55.79 FE ET; lnENCE S 82'37'08~ W. A DISTANCE OF 36 ,35 FE ET; THENCE ALONG THE ARC OF A TANG ENT CURVE TO THE LEFT HAVI NG A RADIUS or 80.00 FEET , A CENTRAL ANGLE OF 16'1 9'23' AN D AN ARC LENGTH OF 24 .50 FEET: TH ENC E S 66'i7'45• W, A DISTANCE OF 35 .77 FEET; THE NCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RAD IUS OF 224 ,00 FEET, A CENTRAL ANGLE OF 34 '35'0 3' AND AN ARC LENGTH OF 135.2 1 FE ET: THENC E N 79 '07'12 ' W, A DISTANCE OF 37 .30 FEET; THENCE ALONG TH E ARC OF A TANGENT CUR VE TO THE LEFT HAVING A RADIUS OF 60.00 FEET, A CENTRAL ANGLE OF 37'06'13' AND AN ARC LENGTH OF 36.65 FEET ; TH ENC E S 63'46'36" W, A DISTANCE OF 56 ,76 FEET: THE NCE ALONG THE ARC OF A TANGENT CUR VE TO THE LEFT HAV ING A RADIUS OF 60.00 FEET, A CENTRAL ANGLE OF 37'06'13' AND AN ARC LE NGTH OF 36 .65 FEET: THENCE S 26 '4013' W, A DISTANCE OF 35.46 FE ET: THENCE ALONG THE ARC OF A TAN GENT CUR VE TO THE RIGHT HAVING A RADIUS OF 157.00 FEET, A CENTRAL ANGLE OF 62'43'0r ANO AN ARC LENGTH OF 171.66 FEET ; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LE FT HAVING A RADIUS OF 143.00 FEET, A CENTR AL ANGLE OF 35 '09'34' AND AN ARC LENGTH OF 67 .75 FEET; THENCE N 00 '05 '56' E, A DISTANCE OF 12.4 1 FEET: THEN CE N 36'38'27• E, A DI STANC E OF 10.05 FEET ; DENVER CHICAGO PHOENIX EXHIBIT A SHEET 20F 5 EASEMENT DESCRIPTION THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RAOIUSOF 157 ,00 FEET, A CENTRAL ANG LE OF 28'59'55' ANO AN ARC LENGTH OF 79 ,48 FEET , THE CHORD OF WHIC H BEARS N 74'53'33" E, A DISTANCE OF 78.62 FEET; THENCE ALONG THE ARC OF A REVERSl. CURVE TO THE LEFT HAVING A RADIUS OF 143.DO FEET. A CENTRAL ANGL~ OF 62"43'07 " ANO AN ARC LENGTH OF 156 .53 FEET; THENCE N 26 "40'23" E, A DISTANC E OF 35.48 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 74 ,00 FEET, A CENTRAL ANGL E OF 37"06'13" AND AN ARC LENGTH OF 47.92 FEET; THENCE N 63"46'36" E, A DISTANCE OF 58.78 FEET: THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 74 .00 FEET, A CENTRAL ANGL E OF 37"06'13" AND AN ARC LENGTH OF 47 .92 FEET; •HENCES 79'07'12" E, A DISTANCE OF 37,30 FEET: THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HA VING A RADIUS OF 210.00 FEET, A CENTRAL ANG LE OF 34"35'03" ANO AN ARC LE NGTH OF 128.78 FEET; TH ENCE N 66"17'45" E, A DISTANCE OF 35 .77 FEET: THENCE ALONG THE ARC OF A TANGENT CUR VE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 16"19'23" ANO AN ARC LENGTH OF 28 .49 FEET; THENCE N 82"37'08" E, A DISTANCE OF 36.35 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO TH E LEFT HAVING A RADIUS OF 243 .00 FEET. A CENTRAL ANGLE OF 12·2s•19• ANO AN ARC LENGTH OF 52 .7S FEET; THENCE ALONG THE ARC.QF. ,A.REVERSE CUR VE TO THE RIGHT HAVING A RADIUS OF 112.00 FEET, A CENTRAL ANGL E OF u1•5 1•5g• ANO AN ARC LENGTH OF 38 .83 FEET; THENCE ALONG THE ARC OF A R!::VERSE CURVE TO THE LEFT HAVING A RAC ILIS OF 19B .00 FEET, A CENTRAL ANG LE OF 38'25'12" ANO AN ARC LENGTH OF 136.23 FE ET; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET , A CENTRAL ANGLE OF 61"25'53" ANO AN ARC LENGTH OF 21.44 FEET , THE CHORD OF WHICH BEARS N 00"26'55"W, A DISTANCE OF 20,43 FEET: Tl !ENCE N 29'43'58" W, A DISTANCE OF 21B .23 FEET; THENC E N 72•57·33• E, A DISTANCE OF 20.50 FEET TO THE POINT OF BEGINNING ; CONTAINING A CALCULATE D AREA OF 1B,589 SQUARE FEET OR OA26 ACRES , MORE OR LESS . ILLUSTRATION ATTACHED hERETOANO INCORPORATED HEREIN BY REFERENCE, SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE ATTACHED EASEMENT DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT WPERVISION ANO IS ACCURATE TO THE BEST OF MY KNOWLEDGE ANO BELIEF, ALAN WARNER, COLORADO PLS 28668 FOR AND ON BEHALF OF V3 COMPANIES OF COLORADO LTD 2399 BLAKE STREET, SUITE 130 DENVER, CO , 80205 303-989-85B8 PROJECT : 003038 V3 COMPANIES OF COLORADO 2399 BLAKE STREET .. STE, 130, DENVER, CO, 80205 PH : 303-989-8588 FX: 303-9B9 ·9932 DENVER CHICAGO PHOENIX • • • • ILLUSTRATION FOR NWCQll.SlC.4 EXHIBIT A SHEET 3 OF15 I FO<INOZ-I/Z"N.1.11.CN' LS 114'4 PO/HT OF COIJJDICDJCNr O!TNCSSCOIIIICR FWWJJ.MWCl&P-............_ 8AS1S Of BF.MfNCS LS 11571 ~ +-+ ----~.'l:.-;'':'{"lfo~,r --------------_ -♦ ruT UN£ OF TH£: NORTHWCST OUM1£R OF $l'C110N 4 500-IJ 'OJ'W '464.71' 'SEE SHEET 5 FOR LINE & CURVE TABLE EASEMENT CONT AIN S APPR OX. 18,06 9 SQ FT (0.426 ACRES). Scale : 1 '=1 OO' 11·11S EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. 100 IT IS INTENDED ONL Y TO OEPtCT THE ATTACHED DESCRIPTION . FEET 200 (w Engineers 1~:.!~~=~So[t,IJO SOUTH SUBURBAN TRAIL EASEMENT Scientists ,o,.91,.ma.,loe NW 114, SEC . ~[~~s~ 1::.1° 68 W, 6lH PM Swveyors ~~,~=32 i>, 1===-c_o_u_.m_o"T, AR=AP=AH_,.,o,,e,-:::s=TA=-TE-o"TF c.,,OL=-OAAOO==--~I D N: PM DATE · 12113/0e J B: 003038 :·;::; COMrANJl!S OF COLORADO LTD. Hc"'K"'o~, =---+s;;;C,i;Al.f;E"':,;;1 .. ~, .,..---t;;FB,;K;,-· ;,;N/;;,A=--~1 ILLUSTRATION FOR F.XHIBIT A SHEET40F 5 'SEE SHEET 5 FOR LINE & CURVE TABLE Scale : 1'=100' EASEMENT CONTAINS APPROX. 18,569 SO FT (0.~2G AatES). rnrs EXHIBrT DOES NOT REPRESENT A MONUMENTED SURVEY. 100 IT IS INTENDED ONL V TO DEPICT THE ATTACHED DESCRIPTION, FEET 200 © Engineers I :i':.!I~ ~':; s.1• 1,0 SOUTH SUBURBAN TRAIL EASEMENT Scientists ,01,9,,..,,. ,.., NW 1,. sec . ~~~s~';:1' ea w, mt PM Surveyors t~~-~:,' 12 r.. h~~;::~;;:c:o:":"TY==~~•~AA»~~~""'°~~e~, s~t~Ara==Of~~c01.~~0¥.RAOO~~~====~I ~ORN: PM J08: 003038 COMP/\Nles OF COLORADO LTD . KO: FBK: NIA • • • ILLUSTRATION FO R EXHIBIT A SHEET 50F 5 Engineers 12H,et,kcs1n:e1,Su11cuo Denver, CO 1020S f<IVERPOlNT Scientists )0).919,Ullvoi~ NW1/"1 ,SEC.,, T.5 s .,R88 W,6THPM Surveyors t'i;!~:!'" ru 1-___ c_ou_NTY __ oFTAA>P=~""~o~E.~•r~•-TE_OF~c~o~Lo~RAOO=~----, 1 RN : PM DATE: 12/13108 JOB : 003038 SOUTH SUBURBAN TRAIL EASEMENT COMPANll!S OF COLORADO L7D. CKD: SCALE : 1"=100 FBK: N/A • EXHIBITB A 20 foot wide easement , situated in the west halfofSection 4, Township 5 South , Range 68 West , Arapahoe County, Colorado , along the following described centerline: Beginning at a point on the north right-of-way line of West Oxford Avenue , 75 feet (more or less) west of the South Plaue River, where said line intersects an existing bike trail know as the ''Mary Caner Greenway"; thence n~rtherly along said existing bike trail a dis1ance of 600 feet (more or less) to a pedestrian bridge ; thence ea sterly acro ss said brid~e to the east side of the South Platte River ; thence northerly and northeasterly continuing along the afore said existing bike trail a di stance of 2,700 feet (more or le ss) 10 the we stern terminus of the easement defined in Exhibit 11A 11 • Sun 1cvor'~ Statement • I, David L. Henderson , a re gi stered Profess ional Land Surveyor in the State of Colorado , do hereby state that this Legal Description and atta ched Exhibit were prepared under my direct supervision and on the basis of my knowledge , inform ation , and belief, are co rrect. This legal description and Exhibit were prepared to depict the approximate existing location of a bike trail and does not represent a monumented land survey , No field work was perfom1 ed during the preparation of this description . A new legal de scription , based on a field survey, is recommended and anticipated after re -construction of the Englewood Golf Course is comp lete . • /~~~. f?f?).-,. f Gt~~ ~t.'a .; ~¼ 25~\~Y ) __-~~ .~W David L. Henderson, Professional Land Surveyor .,,,, , nit~ 12, 2007 Colorado P.L .S. No. 25632 For and on behalf of the City of Englewood Public Works Department • • • COUNCIL COMMUNICATION Date : I Agend~ Item : I Subjed : March 19, 2007 11 a V Bike Path Easements and Maintenance Agreement Initiated By: Staff Source: Department of Parks and Recreation Bob Spada , Golf Operations Manager Jerrell Black, D irector of Parks and Recreation COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Staff recommends that City Council adopt a Bill fo r an Ordinance approving a Temporary Construction Easement. a Revocable Easement and an Intergovernmental Agreement for Maintenance of the Bike and Pedes trian Trail across the City of Engle wood Golf Course with South Suburban Park an d Recreation D is trict. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood and Miller Wein garten have recen tl y en tered into a lease ag reement for approx imately 53 acres of the Englewood Golf Course w hi ch includes a • irtion of th e hike/bike trail east of the South Pl atte River (see attach men t). The trai l was built in , 985 and Sou th Suburban Park an d Recreation District has maintained the trail. This ag reement will formali ze existi ng main te nance pra c ti ces with South Suburban Park and Recreation District. The temporary constructi on ease ment all ows for a secondary c rusher fines trail lo be built next to the existing Mary Carter Greenway Trail. Th e secondary trail provides a separation between active and passi ve users of the trail system. FINANCIAL IMPACT Th ere is no fina ncial impact to the City of En glewood. LIST OF ATTACHMENTS Propos ed Bill for an Ordi,1anci.