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Home My WebLink About2007 Ordinance No. 048• • • ORDINANCE NO . 1/f SERIES OF 2007 -- BY AUTilORITY CONTRACT N0,/13~~ 9 b ii COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTilORIZING A "LICENSE CITY DITCH CROSSING AGREEMENT" FOR PLACING DECORATIVE ROCK ON A PORTION OF THE CITY DITCH RETAINING WALL AND REMOVING AN EXISTING FENCE IN THE CITY DITCH EASEMENT ADJACENT TO THE LOCATION OF 3066 SOUTH SHERMAN STREET, ENGLEWOOD, COLORADO. WHEREAS, American Homes , LLC -Emilie A. Hogy submitted an application for placing decorative rock on a portion of the City Ditch retaining wall and removing an existing fence in the City Ditch Easement that runs diagonally east 10 west spaMing the property; and WHEREAS , the existing wall and fence we re needed 10 protect the Easement from trespassers and prevent illegal dumping: and WHEREAS , the owner of 3066 South Sherman Street, Englewood , Colorado will be responsible for maintaining the Easement; and WHEREAS , no trees will be planted in the City Ditch Easement ; and WHEREAS , the Englewood Water and Sewer Board recommended approval of the "License -City Ditch Crossing Agreement" for the locatio n of 3066 South Sherman Street, Englewood , Co lorado at the August 14, 2007, meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. The "License -City Ditch Crossing Agreement" for placing decorative rock on a portion of the City Ditch retaining wall and ,~moving an existing fence in the City Ditch Easement, attached hereto as "Attachment I," is hereby accepted and approved by the Englewood City Counci l. ~-The Mayor is authorized 10 execute and the City Clerk 10 attest and seal the "License -City Ditch Crossing Agreement" for and on behalf of the City of Englewood, Colorado . Introduced , read in full , ar.d passed on first reading on the 20• day of August, 2007 . -1- Published as a Bill for an Ordinance on the 24th day of August , 2007 . Read by title and passed on final readina on the 4'" day of September, 2007 . Published by title as Ordinance No .'if: Series of 2007, on the 7th day of September, 2007 . I. Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby cenify that the above and foregoing is a tru; ftllJ.'Y of the Ordinance passed on fi nal reading and published by title as Ordinance No. '!I., Series of 2007 . , · J~i -2- • • • • • FAK NO. 3037836894 JJCEN~E · QITY DITGH QROSSJNQAQBEEMENI THIS LICENSE AGREEMENT, made and entored into a, of thi1 I .<Vt-day of f/4'.2 .:Jcca.. by and between the CITY OF ENGLEWOOD, a municipal corp ~ation of the 8.t,t.e of ColoradoLherein referred to•• 'City", and 6Mli?8t'-6-N !:fptt,t;s. LS-- herein referre d to 11 11Licenaaa~. ).._o·r.s. l~,17 A-ND 1i ,BJ...oc.r<(pJ S-rRAYER.S. Dlfor.-ow A 'I fl r,1 &If-TS The obove-de1cribed parcel contain• q 3 7 .S $, r r more nr leee 1. Any construct.ion contemplated or performed under thie License ahall comply with and conform to etandat·do fo rmulated by the Director ofUtilitiea of the City and ouch conet.ruction shall be perfor med and com pleted ac cor ding to the plana, consistin~ of one sheet, a copy of which ia attached hereto nnd 1i,ade a pat·\ here of. 3 ., Witlun th).\'ty (30) daya frl)ID tho date of the commencement of conetruction of aaid __ _ S.'rotJe: C!o1,1guc, uoµcrurre WALL tho Licon••• ahall complot.e uuch conatruction, place and maintain permanent, visible marker■, of a type and at ouch locotion111 deai1natad by the City'e Directo.-of Utilltloa, r oforring to the oonler!ino of the inet.U.tion and ahall clear the croaain11 ai·ea of all con■truction debria and roetore th• &Na to ita pl'eviou■ condition a.a near aa may be reuoneble. In the ovont the planin1 of the cent er lino markore and the clearln1 and r••toratlon or th• orown, aroa ie not oomplatod within tho time 1pecified, tho City moy complete tho work at the 00!1 o><ponH of the Licenooo , 4. The City ahall have th• rit:ht to maintain, lnatall, ropari, nmov1 or ro!ooate tho City • Ditch or any other o(ita faciliti11 or lnltallationa within the City'• ri1ht1-0£-way, at lily limo and in euch roannar II tho City de-o n101111ry or convenient. Thi City raoerveo the P. 02 A t t a C h m e n t 1 FAX NO. 3037836894 P., 03 o.olulive ri1bt to cont,·ol •II eHeruenta ond ln1tallotion1 . In the event tho S:r:ao\.l ;;\'. <'.1ve,e e o • Ca61.:: (f'€7::Jf WALL ahowd interfere with any future uoo of the City'• ,·i~hte-of-way by tho City, the LicenHc 1hal}1 upon raqu1&t and at its aole expense, relocate, ronrranc:e, or remove ita in1tall1tion1 ao aa cot to interfere with lln)' euch u ■e . ~-Any repair or replace me nt of any City installation made ne~eaaary, in tb~opioion of th& C,ity', Director of Uti 'tioa hecawe of the conatrur.tioo of tha S=:rq r,J (i' <-'OU S::1: S: o C!.o ~ A-LL-or other sppurtenant installation thereof, shill be made at the sole expense of the Li com1ee . 6. The stipulation and condition• ohhis License shall be incorporated into contract specifications if the construction herein authorized is to be done on a contract baeie , 7. The rich ts and privilecee 11·a.ntetl in this Licenae ahAll be subject to prior a~cementa, liceniu~& and/or grants, recorded or unrecorded, a11d it ahall be the Licensea'a aole 1.·cspom.ibility to determine the existence of said documents or con flictin~ uses or inats.llations. · 8. The Llcenaeo shall contact and fully cooperate with the City'e peroonnel and the construction shall bo completed without interference with any lawful, usual or ordinal')' flow of water throurh the City Ditch. Liccnseo ahaU assume all risks incident to the poeeible presenc:e ofsucb waters, or o!atorm waten, or of surface w1:ittors in the City Ditch. 9. All tronches or holOI within the City's ri1ht••of-way ehall be backfilled and tamped to the original ground line in layer& not to ext.'ee six (6) inches loose meuure ton compaction of ninety percent (90%) Standard Proctor Maximum Density . • 10. Licensee, by accept11nce of this License, expr4cssly a.sau.mos full and strict liability for any and all damagea of every natw-e to person or property ca uaod by water fi·om the ditch leaking tlu·ourb thD ditch banks or pipeline ot the point or pointe whore the Licensee perform.s atiy work in connection with the crossing provided by this License . The Licensee 11&sumee al1 responsibility for maintenance of the installation. 11. Liceo.aee shall indemnify aod aave harmlu, the City, its officers and employees 1 against any and all claims, damartes, acctione or causea of actio and expe es to which it or they may ba subjected by •·ouon of said I .,.-tJ 0/ E!" yY_A-LL orJ I C , G e bein& within and across and \Ul er e p mises of the City or by reaaon of any work done or omiseion made by Licensee, it.a aeonts or employeoa, in co nnection with the construction, replacement1 maintenance or repair of said inatallation. 12. It ie expresaly a,rree:d that in coa.e of Licensee's breach of RllY of the within promisca, the City may, at its option , have specific performance thereof, or sue for damage, reaulting from 11:uch breach. 13. Upon abandonment of any right or prMle~e heroin (!'anted, the right of Licenaee to that extent shall terminate, but ita obliJotion to indemnla and save barmloss tho City, its ofti.cera and employeH, ahall not ~rminate in any event. In ll'•ntlng tho abovo authorization, tho City roaerveo tho right to make full u ■o of the property involved aa may be neceaaary or convenient in the operation of the water worka plant and eyatcm under the control of the City. -2 - • • • • In granting the above authorization, th e ("'ity reserves the right to make full use of tho property involved as may be necessar y or convenient in the operation of the water works plant and system under control of the Ci ty. IN WITNESS WHEREOF this instrument has been executed as of the day and year first above written . CITY OF ENGLEWOOD By: ____________ _ Stewart H. Fonda Director of Utilities City of Englewood By: ____________ _ Chainnan Englewood Water and Sewer Board has read the The undersigned officer of .A!_q 6 "E:: /L.A-J /-./oM Es-LLc,.... foregoing License and a~es for an on behalf of said ..,A"--!...!.M.:..i..::E=,,-:'R'---'/c,C. .. A-=.,N,_,__,tff,c...oa:t:J:..;M:.!...::1=::....:S:,.., _.::Lo.:?<:::::.•--------~ that it will accept and will abide by all the terms and conditions thereof. LICENSEE : Phone:~('.) -g S/.:i -0 3 ~ .3 Notary: My commission expires : ANITA L. SCHULTZ - NOTARY PUBLIC STATE OF COLORADO My Comm1111011 Expire, Aug. 04, 2008 -···-·-·---· .. EXHIBIT"A" LOT 16 . ALLEY East property line S RA YER 'S e OADWAY H GHTS BOOK A , PAGE 01 LOT 17 ENTE:R-L!NE SLOCK6 L.OT 18 ·· "Ex11dna Coacrcte W1U wll.,. e .. aaca 31' NHIIIII r,t tht IOl'CII propert)' lltr Hd tad, O' south orttie IIOl'1JI property U.C: to be Cfltrtd wUII Utt ••e ttoncwork H thowa on die bo ■e lllatndo■ I■ photo J or !1lillbU •1 • . 3066 SOUTH SHERMAN STREET • • • • • FAX NO . 3037836894 TEMPORARY CONSTRUCTION EASEMENT This Temponry Consauction Easement (the Temporary Easement) is entered into thil L day of~ 0:,7 by and between the City of Englewood, Colorado, a municipal corpo~ the state of Colorado, acting by the through its Water and Sewer Board(Gruitor)and !)-Mi=51c.1t,J fio~es. Llr' -------------~-(Grantee). WHEREAS, The City of Englewood owns a right-of-way for the City Ditch, a carrier ditch (City Ditch ROW) which is located as described .on Exhibit A. WHEREAS, /:T?IC.AwHoM~S. {j 'desirestoinsta.lJaS7cl/{l!' C?,wetell'Jq OVEP, j;'j,/SIIIJO,. CJNC~t:1'6 \1. 4LL withintbeCityDitchROW pursuant to a license between the parties. NOW, THEREFORE, In consideration of the mutual covenants of the pa.>t ies, more particularly bcreinaft~r set forth , the adequacy and sufficiency of which arc hereby nclcnowlcdged, it is agreed as follows : !. Te~my Cons~pn Eas~~cnt Englewood (as Granror) hereby grants to_ GRl<:.At.j__ OM es; LL( (as Grantee), its successors, assigns , contractors, and sub-contractors, a non-exclusive temporary construction easement throush, over, under ond across th o City Ditch ROW for the installation ofa ~ I='" Qi::i V €' f<, OV E' R.. E;Xl?['(CI& ,.-'!?~<= WAC..l pw.uanttoa license agreement (th~ l'roj~~t). 2. Tenn pf Easemont. The Project will beJiin no sooner thanftler?i I"; .:J0o7 and will be completed no later thalt'.Jif 10 ~•'1. Completion oibe Project will be deemed to have occurred upon uispection and approval oftbe Project by Graotor and this Temporary Euoment will be deemad to have tcnninated upon such completion. 3. ~-Oraotee shall have the temponuy non-exclusive riaht to enter the City Ditch ROW for any reasonable Jl111l>OSe necessary or pnulent for the consttuction of the Project subject to the following reslric:tions : I) no1111a.l working hours shall be consistent with CDOT conatruclion boun, Monday · through Friday and 2) the opmtion of equipment aiid heavy ttucb will bo pennitted on the Ena)ewood City Ditch ROW only durln1 notml.l worlcin1 hours . P. 05 JVL-24-2007 TUE JO :OJ AM COE UTILITIES FAX NO. 3037836894 P. 06 4. Rcstoogon. Upon completion of the Project, Orantee will petfonn such • restoration and ragrading as ia neceswy or prudent to rettore the surface uea of the City Ditch ROW ra its original condirion. S. Indcmnjficatjon . Grantee, to the extent pennitted by cho laws and constitution of the State of Colorado, boreby aarees to bo liable 1111d hold harmless the City of Englewood, its employees, tonanta, aod iUeslS from any and all claims, causes of action, and liability whicb may occur as a result of the negligent or wrongful acts of Grantee in the construction of the Project, including the cost of defending against such claims. 6, Liabjliry. Grantee bereby oclcnowledge.s that it understands that there is water flow in the City Ditch from April I to November I of each year and that it will assume liability for any damage to adjoining propeny caused by water flow resulting from damage to the City Ditch caused by the Grantee's · consrruction activities. 7. ~-Grantee shall maintain in full force and effect a valid policy of insurance for the Project in the amount of S600,000.00 property coverage and $600,000 .00 liability coverage . Grantee further agrees that all its employees, contractors and sub-contractors working on the Projec;t shall be covered by adequate Workers Compensation insurance . 8. Assignment. This Temporary Construction Easement is assignable only with the written pennission of Englewood, which permission will not unreasonably withheld, conditioned or delayed. IN WITNESS WHEREOF, the panics hereto have executed this temporaey construction Easement on the date and day fim written above . •• • • • • JUL -c4-2007 TUE 10:02 AH COE UTILITIES FAX NO, 3037836894 In granting the above authorization, the City rucrvo, Ibo 1ipt lo malco l\all UIO oCtho property involved as may be necessary or coovcnienl in Ibo oporatlon ofth• water work• plant and system under control of the Cily, IN WITNESS WHEREOF this Instrument bu been oxoc:uted u of tho day and year first above written . CITY OF ENGLEWOOD By:--:----=-=-~-------- Stewart H. Fonda Director of Utilities City ofEnglowood By :_=--:------------- Chainnan Englewood Water and Sower Board hurcad the The undersigned officer of AM Ei ,S: IC.A 1J HoM E'S LJ_c_ fOJ"going License and~ for an on bolJal(of taid _,_f±-U.B"'-G:=-=-:R,:"'k:..":?.'lt-:-':"rJC....,-~-'-:!,;=;C)'-'-M~!!=--S=-•~ L..L=:C.,-___,-...,...... ____ thlll it will accept and wilJ abide by all the I011111 and condltldnl tliereo(. LICENSEE: Phone: ___________ _ Notary : (1,J;; L J,Au¼ My commission expire&: ANITA L. SCHULTZ NOTARY PUBLIC STATE OF COLORADO My~ Explrw1 Aug . 04, 2008 P, 07 • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 20, 2007 11 a iii License -City Ditch Crossing Agreement for 3066 South Sherman Initiated By: I Staff Source: Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Grant of Easement for 3066 South Sherman Street on November 6, 2006. RECOMMENDED ACTION The Water and Sewer Board, at its August 14, 2007 meeting, rec ommended Council adopt a Bill for an Ordinance approving a License -City Ditch Crossing Agreement for 3066 South Sherman Street. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Pr operty located at 3066 South Sherman Stree~ owned by Ameri can Homes, ll.C -Emilie A. Hogy, owner has submitted a License Agreement and Construction Agreement for placing decorative rock on a portion of the City Ditch retaining wall and removing an existing fence in the Ci ty Ditch easement that runs diagonall y east to west spanning the property. TI1e existing wall and fence were needed to protect the right-of-way from trespassers and prevent illegal dumping. The new homeowners will be responsible for maintaining the right-of-way . Decorative rock will improve the concrete wall appearance. No trees will be planted in the City Ditch easement Englewood 's City Allorney has reviewed and approved the License -City Ditch Crossing Agreement. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for an Ordinance