HomeMy WebLinkAbout2007 Ordinance No. 047•
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ORDINANCE NO . !l1
SERIES OF 2007
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BY AUTHORITY
COUNCIL BILL NO . 48
INTRODUCED BY COUNCIL
MEMBER TOMASSO
AN ORDINANCE AUTHORIZING A GRANT OF EASEMENT FOR THE WATER LINE TO
THE ZUNI WATER TANK AND QUIT CLAIM DEED FOR 2890 SOUTH ZUNI STREET.
WHEREAS , the City constructed the Englewood Water Tani< on propeny adjoining the
Englewood Zuni Fire Station ; and
WHEREAS, when the Fire Station propeny was sold in 1960, an casement should have been
retained for the existing water line; and
WHEREAS, an Easement for a water line was not executed at the time of the sale of the
propeny in 1960; and
WHEREAS , the passage of this Ordinance will correct this situation by granting the City an
casement of approximately 20' X 72' by the owners of the property, in exchange for A Quit Claim
Deed for access, curb and gutter;
WHEREAS , this will allow the owners of thi s propeny to fence in the propeny and give the
City access to the Water Line Easement by installing a gate large enough for a backhoe or dump
truck; and
WHEREAS , the Englewood Water and Sewer Board rec ommended approval of the Grant of
Easement and Quit Claim Deed for curb and gutter for this propeny at their August 14, 2007
meeting;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS :
Section I. The Grant Of Easement between John and Julie McGrath and the City of
Englewood, Colora~c. attached hereto as Exhibit I, is hereby accepted and approved by the
Englewood Ci ty Council.
~. The Quit Claim Deed from the City of Englewood to John and Julie McGrath for
their access , c•!!'~ and gutter, attached hereto as Exhibit 2, is hereby accepted and approved by the
Englewoo<l City Council .
Section 3. The Mayor is author.,ed to execute and the City Clerk to attest and seal the Quit
Claim Deed for and on behalf of the City of Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 20th day of August, 2007 .
Published as a Bill for an Ordinance on the 24• da) of Augu.,t, 2ll07 . • Read by title and passed on final reading on the 4• day of September, 2007 .
Published by title as Ordinance No .t./2., Series of2007 , on the 7th day of September, 2007 .
I, Loucri shia A. Ellis , City Clerk of the Cit y of Englewood, Colorado, hereby certify that the
above and foregoing i~ we copy of the Ordinan ce passed on fi eading and published by
title as Ordinance No~ Series of 2007 .
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EXHIBIT 1
GRANT OF EASEMENT
nns GRANT of Easement (this "Grant") is made this_ day of ___ , 2007, by
JOHN J. McGRATH and JULIE K. McGRATH ("Grantor") as the Owners of 2890 South Zuni
Strcct, Englewood, Colorado 80110, whose address is 5265 South Youngficld Court, Littleton,
Colorado 80 127-1502, in favor of the CITY OF ENGLEWOOD ("Grantee") whose address is
IOOO Englewood Parkway, Englewood, Colorado 80110.
The parties covenan t and agree as follows:
I. Easement Property . The "Easement Property" shall mean the real property located in the
County of Arapahoe, State of Colorado, more particularly described as a 20 foot
casement , ten feel (10 ') on each side of the centerline of the waterline running from the
Zuni Water Storage Tank to the Zuni Street Right-of-Way , as shown on Exhibit A,
attached hereto and incorporated herein by reference.
2. Consideration. As consideration, Grantee has given Grantor ten dollars ($10.00) and
other good and valuable consideration, including an exchange of casements, the receipt
of which is hereby acknowledged by Grantor
3.
4.
Grant of Easement. Granier hereby grants to Grantee, its successors and assigns, a
pcrperual easement over, under, across and th:-ough the Easement Property for the
purpose of constructi.J1g 1 operating, maintaining , repairing , repl acing, removing ,
improving and enlarging a waler main from the Zuni Water Tank .
Access . Grantee shall have the pcrpcrual, nonexclusive right of ingress and egress in, to,
over, through and across the Easement Property for any purpose necessary or desirable
for the full enjoyment of the right s granted to Grantee under this Grant.
5. Restoration. Grantee agrees that after the construction , maintenance, repair, replacement
or enlargement, if any, for the water main, Grantee shall restore the surface of the
Easement Property as nearly as possible to the grade and conditions existing immediately
prior to said construction, maintenance, repair, replacement or en1argement , except as
may be necessary to accommodate the water line. Grantee further agrees to replace any
topsoil removed from any cultivated or agricultural areas on the Easement Property and
to remove any excess earth resulting from said construction , maintenance, repair,
replacement or enlargement, at Grantee's sole cost and expense.
6. No Improvements . Grantor covenants and agrees not to construct , erect, place or plan
any "Improvements," as hereinafter defined, on the Easement Property without obtaining
the prior written consent of Grantee. "Improvements" shall mean any structure, building,
planting, trees, shru bbery, or garden other than a grass type lawn or asphalt parking
surface . Grantee shall have the right lo remove, without any liability to Grantee, any
improvements constructed, erected, placed or planted on the Easement Property without
Grantor 's having obtained the prior written consent of Grantee. If such prior written
consent is not obtained, Grantee shall not be responsible for repair or replacement of the
Improvements if they arc damaged during construction, maintaining, repair, replacement
or enlargement.
7. Subjacent and Lateral Support . Grantor covenants and agrees 1ha1 Grantee shall have the
right of subjacent and lateral support on the Easement Property to whatever extent is
necessary or desirable for the full , complete and undisturbed enjoyment of the rights
gramed to Grantee undc:r this Grant.
8. Rights of Grantor. Grant or reserves the full right to the undisturbed ownership , use, and
occupancy of the Easement Property insofar as said ownership , use , and occupancy is
consistent with and does not impair the rights granted to Grantee in tltis Grant.
9. Abandonment. In the event that Grantee shall abandon the rights granted 10 it under tlti s
Grant, all rights , title and interest hereunder of Grantee shall cease and tenninate , and
Grantor shall hold Easement Property, as the same may then be, free from the rights of
Grantee so abandoned and shall own all materials and structures of Grantee so
abandoned, provided that Grantee shall have a rea,oneble period of lime after sai d
abandonment in which 10 remove any or all Lines and Appurtenances from the Easement
Propert y. In the event that Easement is abandoned by Grantee, Grantor shall have the
right , at its sole option, to require Grantee to remove or neutrali ze any improvements
constructed in the Easement by Grantee .
Warranty of Title. Grantor warrants and represents that Grantor is the owner of the
Easement Property and that Grantor has full right , title and authority, to grant and convey
to Grantee the Easement. Grantor further covenants and agrees 10 indemnify, defend and
hold Grantee harmles s from and against any adverse claim to the title to the Easement
Property by all and every person or persons lawfully clainting or to claim the whole or
any part thereof.
11 . Binding Effect. This Grant shall extend to and be binding upon the heirs, personal
representatives, successors and assigns of the respective parties hereto. The tenn.c:,
covenants, agreements and conditions in tltis Grant shall be construed as covenants
running with the land
IN WITNESS WHEREOF , the parties hereto have executed tltis Grant of Water Line
Easement the day and year first above written .
STATE OF COLORADO )
) ss.
COUNTY OF ARAPAHOE )
Acknowledged before me tltis ~O day of ~ ,2007, by
John J. McGrath and Julie K. McGrath as the Owners 7289 outh Zuni Street , Englew
Colorado 80110 .
My Commission expires:
'!RACY MERRITT
NOTARY PUBUC
STATE OF C01.011ADo
MY COMMJSSlON EXP!R!'~~ ~121/1008
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BOOK 2291 PAGE 484
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QUIT CLAIM DEED
SOUTH ZUNI STREET
EXHIBJI2
TlilS QUIT CLAIM DEED is made this __ day of:----:--:-~ 2007, between the
City of Englewood, Colorado , a municipal corporation duly organized and existing under and by
virtue of the laws of the State of Colorado, Grantor, whose address is I 000 Englewood Parkway,
Englewood , CO 801 JO, of the County of Arapahoe, Granlor,
and -=--=-,----:--and _________ , whose address is 2890
So . Zuni Street , Englewood , CO 801 JO, County of Arapahoe.
WJ'INESSETH, Thal th e Grantor, for and in coi1sideration of the sum of Ten Dollars
($10 .00), the receipt and sufficiency of which is hereby acknowledged, has rernised,
released , sold, conveyed and QUIT CLAIMED, and by these presents does rernise,
release, sell , convey and QUIT CLAIM unto the Grantee, their heirs and assigns forever ,
all the right, title, interest, claim and demand which the Grantor has in and to the real
property together with improvements , if any, situate, lying and being in the County of
Arapahoe and Stale of Colorado , described as follows :
Parcel I : The 5.5 foot easement recorded in Book 2328 at Page
419, in the records of the Arapahoe County, Clerk and
Recorder .
Parcel 2: The north eighteen feet (18 ') of the property located at
2890 South Zuni Street, Englewood, Colorado and
shown on the attached Exhibit.
TO HA VE AND TO HOLD the same, together with all and singular appurtenances and
privileges thereunto belonging, or in anywise thereunto appertaining with the exception of said
I 8 foot easement and conditions attached thereto, and all the estate, right, title, interest and claim
whatsoever, of the grantor, either in law or equity, tr; the only proper use, benefit and behoof of
the grantee, their heirs and assigns forever . Tht singular number shall include the plural , the
plural the singular, and the use of any gender shall be applicable to all genders .
IN WITNESS WHEREOF, the grantor has caused its name to be hereunto subscribed by
its Mayor, Olga Wolosyn, and attested to by its City Clerk, the day and year first above written.
CITY OF ENGLEWOOD , COWRADO
ATTEST:
Olga Wolosyn, Mayor
Loucrishia A. Ellis, City Clerk
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COUNCIL COMMUNICATION
Date: Agenda Item : Subject:
August 20, 2007 11 a ii Grant of Easement for the Water Line to Zun i
Water Tank and Quit Claim Deed for Curb and
Gutter
Initiated By: I Staff Source:
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None ,
RECOMMENDED ACTION
The Englewood Water and Sewer Board, at their August 14, 2007 meeting, recommended Council
adopt a Bill for an Ordinance approving the Grant of Easement and Quit Claim Deed for the Zuni
Tank water line and a Quit Claim Deed for 2890 South Zuni Stree t for curb, gutter and access .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Currently, the City of Englewood does not have an easement for the water line going into the City's
Zuni tank. The right-of-way for the water line should have been executed in 1960 when the
property, an old fire station, was sold and the water tank was constructed , The Grant of Easement
and Quit Claim Deed is to correct this situation by the Grant of Easement from the property owners
in exchange for a Quit Claim Deed for the ir access, curb and gutter. The owners plan to fence in
the property and give access for the water line easement by installing a gate large enough for
backhoe and dump truck access. The proposed easement is approximately 20' x 72 '.
FINANCIAL IMPACT
Ten dollars to John & Julie McGrath for consideration noted in the Quit Claim Deed.
LIST OF ATTACHMENTS
Bill for an Ordinance
Grant of Easement and Quit Claim Deed