Loading...
HomeMy WebLinkAbout2007 Ordinance No. 050• • • ORDINANCE NO. 20_ SERIES OF 2007 CONTRACT NO, I I .l--1.=? 9 b i BY AUTHORITY COUNCIL BILL NO . SO INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE APPROVING PERMANENT UTILITY EASEMENTS TO THE CITY OF ENGLEWOOD FOR NATCHES COURT BETWEEN WEINGARTEN MILLER SHERIDAN AND THE CITY OF ENGLEWOOD, COLORADO . WHEREAS , during the Riverpoint cons tructi on , Natches Court was moved 5' and the Kenyon RighH>f-Way was vacated; and WHEREAS, these actions encroached upon the existing Utility Easements ; and WHEREAS, Weingarten Miller Sheridan , the deve loper of the Ri verpoi nt Project, suhmilled a request to grant Permanent Utility Easements to the City of Englewood for therequired SO' permanent non-exclusive casement for EnglewO<x''s sani tary sewer main in lieu of the vacated Right-of-Way ; and WHEREAS , the propo sed Permanent Utilit y Easements will fulfill the Ci ty of Englewood "s requirement 10 maintain the City's 50' Easement; and WHEREAS , the Englewood Water and Sewer Board recommended approval of the Permanent Utilit y Easements for Natches Co urt al the their Augus t 14, 2007 meeting; NOW , THEREFORE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~ The Permanent Utility Easeme .lls to the Ci ty of Eng lewood for Natches Court from Weingarten Miller Sheridan . which consist s of the allached five (5) Permanent Utility Easement s with Exhibits A through E, aua, ~ed hereto as Allachrnent I, is hereby approved. Introduced, read in full, and passed on first readin g on the 4th day of September, 2007 . Published as a Bill for an Ordinance on the 7~ day of September, 2007 . Read by title and passed on final reading on the 17th day of September, 2007 . Published by title as Ordinance No .~ Series of 2007, ov the 21st day of September, 2007 . I, Loucrishia A. Ellis, City Clerk of the City ofEnglewood , C lvt ••' ', he•eby certify thst the above and foregoing is a true copy of the Ordinance passed on final reading and published by """·""--··'""·"'" ~,;l 1 Loucrishia A. Ellis • • • • • • PERMANENT UTILITY E~SEMENT KNOW ALL MEN BY THt:ll f, PRESENTS THAT WEINGARTEN MILLER SHERIDAI I, L C, Granter, for and in consider,''on ofTEN AND NO/100 DOLLARS ($10.00) and other good und valuable consideration, the receipt ,nd sufficiency of which are hereby acknowledged by the Grantor, does, for itself and on behalf of it s h:irs, successors and assigns, hereby grants and conveys to the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, the Grantee, its successors and assigns, a right ofo 1 ry and p~rman ent non exclusive utility easement on that property described in Exhibit "A", which is attached hereto and incorporated herein by thii... reference (hereinafter the "Easement Premises"\ upon which to reconstruct, operate, remove , repair and maintain sanitary sewer facilities across , on, under and through the Easement Premises, said Easement Premises lying and being in the City of Sheridan, County of Arapahoe, State of Colorado . Gr~ntor hereby covenants and agrees that it has good title to the Easement Premises; that it has good and lawful right to grant this easement and that it will warrant and defend title and quiet possession thereof against the claims of all persons whomsoever. Granter further covenants lo and with Grantee that the Grantee's officers, agents or employees may at any or all times when necessary or convenient to do so, go over and upon said Easement Premises, and do and perform any and all acts necessary and convenient to the carrying into effect of the purposes for which this grant is made . A t t a C h m e n t l Non Exclusive Utility Easement Page 2 Grantor hereby reserves the right to use the Easement Premises for any purposes which are not inconsistent with, and do not interfere with , the easement and rights herein granted to Grantee , provided, however, that such reservation by Grantors shall not include the right to erect or cause to be erected any buildings, structures, trees, or other obst ru ctions on the Ea~c ment Pro-mises which would preclude, injure or make more difficult the exercise by Grantee of the easement and rights granted to Grantee hereunder. Grantee agrees to restore the Easement Premises, as reasonably as possible, to the condition it was in immediate!:-, prior to any maintenance activities und ertaken herein. Such restoration shall not include the replacement or repairof any stn1cture or lands ca ping (such as but not limited lo trees , signs , wall s, etc.) Such restoration shall only include repaving, regrading ,, reseeding of the Easement Premises as needed. f,.. SIGNED this ,il_ day of /f<.~, 20..:!_l. ATTEST : COUNTY OF ARAPAHOE ) )ss . STATE OF COLORADO ) By: J? ~ 4.. Y2ul/4,, ~TOR ,,,_ The foregoing instrument was ackno,,icrlged before me this~day of J4..i,,...~ .2001 , My Commission Expires: 1IM~ f' , o + Y' NOTARY PUBLIC STATE OF (;()LQRADO My ComrnlNlon lix;lilw NIIV, 4, 2008 ~ ft.-._t.....,._;_ Notary Public • • • • EXHIBIT A S~EET 1 OF 3 NON-EXCLUSIVE UTILITY EASEMF:NT DESCR IPTION ;,if,j~ \1 1\';r/(M;i \~ij~lJ.:;. AN EASEM ENT OVER, ACROSS , UNDER AND THROUGH PORTIONS OF TRACT LAND LOT 1, BLOCK 6, RIVER POINT AT SHERIDAN SUBDIVISION FILIN G 1, LOCATE D IN A PORTI ON OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MER ID IAN; CITY OF SHERIDAN, COUNTY OF ARAPAHOE , STATE OF COLORADO ; BEING MORE PARTICULARLY DESCRI BED AS FOLLOWS : COMMENCING AT A WITNESS CORN ER , BEINGS 59'56'50" 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 STA MP ED "PLS 22G71 ", WHENCE THE NORTHWEST CORNER OF SAID SECTION 4 , AS MONUMENTED BY A 2-112" ALUMINUM CA P, STAMPED f-l .S 11434, BE AR S S 89 '56'50"W, A DiSTANCE OF 2,605 .26 FEET WITH ALL BEARIN GS CON TAINED HEREIN E<EING REcl.ATIVE THERETO; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SEGT IO N 4, 1189'56'50" E, A DISTANCE OF 50 ,14 FEET TO THE CA LCULATED POSITION OF THE NORTH QUARTER CORNE R or SA ID SECTION 4 ; THENCE S 58 '17'59" E, A DISTANCE OF 926 .09 FEET TO TH E NORTHWEST CORN ER OF SA ID TR ACT LAND THE POINT OF BEGINNING; THEN CE ALONG THE NORTH LINE OF SAID TRACT L, S 73'56'43 " E, A DISTANCE OF 13 .36 FEET : THENCE S 16'41'44" W, A DISTAN CE OF 421 .18 FEET; TH ENCE S 16'52'09" W, A DISTAN CE OF 219 .92 FEET TO A POIN T ON THE EASTERLY RIGHT OF WAY LINE OF NATCHES COURT AND OF NON-TANGENT CUR VATURE : THENCE ALONG SAID EASTERLY RIGHT OF WAY LINE THE FOLLOWING FIVE (5) COURSES : 1) ALONG A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 269 .95 FEET, A CENTRA L ANGLE OF 14 '54'14" AND AN ARC LENGTH OF 70 .22 FEET , THE CHOR D OF WHICH BEARS N 00'40'53" W A ulSTANCE OF 70.02 FEET TO A POINT OF NON-TANGENT CURVATURE : 2)ALON G A NON-TANG ENT CURVE TO THE RIGHT HAVING A RADIUS OF 264 ,92 FEET , A CEN TRAL ANGLE OF 11 '31'35", AN ARC LENGTH OF 53 ,29 FEET, WITH ACHORD BEARING OF N 12'32 '02" E, A CHORD DISTANCE OF 53 .21 FEET; 3)THENCE N 16'38'31 " E, A DISTANCE OF 35 .28 FEET: 4)THENCE N 42 "10'21 " E, A DISTANCE OF 37 ,09 FEET ; 5)THENCE N 16'1 2'33" E, A DISTANCE OF 452 .31 FEET TO TH E POINT OF BEGINNING . CONTA INING A CA LCULATED AREA OF 8,729 SQUAR E FEET OR 0.200 ACRES , MORE OR LESS , ILLUSTRATI0,1 ATTACHED 1-'cRETO AND INC ORPORATED HEREIN BY RE FERENCE , SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE ATTAC WAS PREPARED BY ME OR UN'.lER ~fflffl~IS ND IS ACCURATE TO THE BEST OF MY KNOWLEDGE A WILLIAM G, BUNTROCK, PLS 35585 FOR AND ON BEHALF OF 113 COMPANIES OF COLC '00, LTD , • :OJ : D03038 V3 COMPANIES OF COLORADO 2399 BLAK DENVER CO, 80205 PH: 303-989-8588 FX: 303-989-9932 DENVER PHD CNIX ILLUSTRATION FOR EXHIBIT A SHEET2 OF3 NW COR., stc. 4 Nff'$1'JO'f / FOUND 2-1/2 " ALUII, CN' .!0.'4'~N 1/4 CCR. SE~ 4 LS 1'4J4 POI/ff OF' COUIICNC£1,/£1,/T CALCU!ATED 'POSmON W11N!SS CORNUI NO MONIJll[l{T FrM/0 OR st:r FOUND J" BRASS c.,p~ CORN(JI FALLS IN SO(fT// PUoTTf: R/Vf/1 BASIS OF 8&1/INCS LS 22571 /ll___A_Jf._l1N£ NW!/_j,_Sf9· 4 ··-··-v--v -S 89'~ .. W 260-F° ', LOT 2 ',S' ',~~. '9t'~~~s. ·a,:,, .. ;'.9~,,,f ',,',,, POINT OF BEGINNING ',,, ', 13.36' N 1/2, LOT 3, LOT 1, BLOCK 1 GLENN'S SU BO . FIL . NO . 1 PLAT BOOK 104, PAG E 38 RPOI NT AT SHERIDAN IVISION FILING NO . 1 BLO CK 5 LOT 2 OX . 8,729 SQ FT (0.200 ACRES). THIS EX BIT DOES NOT REPRESENT I\ MONUMENTED LANO SURVEY IT IS INTEHDl:O ONLY TO DEPICT THE ATTACHED 01:SCRIPTION . SEE SHEET 3 BLOCK 6 LOT 1 RI VER POI NT AT SHERIDAN SUBDIVISION FILING NO . 1 Scale : 1"=100' 100 FEET 200 NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION Scientists ~:;.~::~~ RIVER POINTAT SHERIDAN SUBDMSION FILING 1 ® Engineers 2399 Bloke Slroe, Sune 130 HE 11◄, SEC .◄., T. 5 S., R. 58 W., 8TH PM Surveyors t0;.;!!!932 fu CITY OF SHERIDAN , COUNTY OF ARAPAHOE , STATE OF COLORADO COMPANIES OF COLORADO, LTD . ,-;g;;,~;;;N"-: '-'PM"'----i;D.;~,;;lli~· ."'.o,,;;cf:210=;1':r7--i;~=~f!!~c-; ;;~;;f38='---t • • RIVERPOINT AT SHERIDAN SUBD IVI SION FILING NO . I BLOCK 5 LOT 38 ILLUSTRATION FOR EXHIBIT A 6=11'31'35" R=264.92' L=53.29' ChB=Nl 2'32'02"E Ch0•53.21' 6=14'54'14" R=269 .95' L•70.22' ChB=N00'40'53"W ChD=70.02' SHEET 2 OF 3 EASEMENT CONTAINS APPROX . B,729 SQ FT (0 .200 ACRES). THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LAND SURVIEY IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION . BLOCK 6 LOT 1 RIVERPOIN T AT SHERIDAN SUBDI VI SION FILING NO . 1 Scale : 1"=100' 100 FEET 200 Engineers Scientists Surveyors 2399 Blalct Slrec~ Suite 130 Denver, CO 10205 303 .989.8511 voice 303 .989.9932 fax NON-EXCLUSIVE UTILITY f.A SEMENT DESCRIPTION RIVER POINT AT SHERIDAN SUBDMSION FILING 1 NE 1/4, SEC . 4., T. 5 S., R. 68 W., BTH PM V3co.com CITY OF SHERIDAN, COUNTY OF ARAPAHOE, ST~.TE OF COLORADO ORN : PM DATE: 01/22107 JOB: D03038 COMPANIES OF COLORADO, LTD . CKD : SCALE: 1"• 100 FBK: NIA • • • PERMANENT UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT WEINGARTEN MILLER SHERIDAN, LLC, Granter, for and in consideration ofTEN AND NO/I 00 DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Grantor, does, for itself and on behalf of its heirs, successors and assigns, hereby grants and conveys to the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, the Grantee, its successors and assigns, a right of entry and permanent non exclusive utili ty easement on that property described in Exhibit "B", which is attached hereto and inco!J)orated herein by this reference (hereinafter the "Easement Premises"), upon which to recon struct , operate , remove, repair and maintain sanitary sewer facilities across , on , under and through the Easement Premises, said Easement Premises lying and being in the City of Sheridan, County of Arap ahoe, State of Colorado . Granter hereby covenants and agrees that it has good title to the Easement Premises ; that it has good and lawful right to grant this easement and that it will warrant and defend title and quiet possession thereof agair.st the claims of all persons whomsoever. Granter furth er covenants to and with Grantee that the Grantee's officers, agents or employees may at any or all times when necessary or convenient to do so, go over and upon said Easement Premises, and do and perform any and all acts necessary and convenient to the CBJT';ing into effect of the purposes for which this grant is made . Non Exclusive Utility Easement Page 2 Grantor hereby reserves the right to use the Easement Premises for any purposes which are not inconsistent with, and do not interfere with, the easement and rights herein granted to Grantee, provided, however, that such reservation by Grantors shall not include the right to erect or cause to be erected any buildings, structures , trees, or other obstruct io ns on the Easement Premises which would preclude, injure or make more difficult the exercise by Grantee of the easement and rights b'Tanted to Grantee hereunder. Grantee agrees to restore the Easement Premises , as reasonably as possible , lo the condition it was in immediately prior to any maintenance activities underta! en herein. Such restoration sha ll not include the replacement or repair of any structu re or landscaping (such as but not limited to trees, signs, walls, etc.) Such restoration shall only include repaving, regradi !ig or reseeding of the casement Premises as needed . ;..... SIGNED this~ day of L~.r,,<,,,¥ , 20 n . I d --+- By· \; ~-~ ~ ATTEST : COUNTY OF ARAPAHOE ) )ss. STA TE OF COLORADO ) • f,._ The foregoing instrument was acknowledged before me this~day of /½!~ , 20!]_. My Commission Expires : 11/,,t/o r' NOTARY PUBLIC STATE OF COLORADO MV Commllaion ilcpl!W NOY , 4, 2008 ~--~Ch...,....,~ Notary Public • • • • EXHIBIT B SHEET 1 0f 2 NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION AN EASEMENT OVER , ACROSS, UNDER AND THROUGH A PORTION OF LOT 3B, BLOCK 5, RIVER POINT AT SHERIDAN SUBDIVISION FILING 1, LOCATED IN A PORTION OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTIH PRINCIPAL MERIDIAN ; CITY OF SHERIDAN , COUNTY OF ARAPAHOE , STATE OF COLORADO ; BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS : COMMENCING AT A WITNESS COR NER , BEINGS 89"56'50" W, 50 .14 FEET DISTANT FROM THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 ANO MONUMENTED PY A 3" BRASS CAP STAMPED "PLS 22571 ", ~ENCE THE NORTHWEST CORNER OF SAID SECTION 4, AS MONUMENTED BY A 2-1 /2" ALUMINUM CAP, STAMPED PLS 11434, BEARS S 89'56'50" W, A DISTANCE OF 2,605 .26 FEET WITIH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERE TO; THENCE ALON~ THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 89"56'50" E, A DISTANCE OF 50 .14 FEET TO THE CALCULATED POSITION OF THE NORTIH QUARTER CORNER OF SAID SECTION ~; THE NC E S 28"25'53 " E, A DISTANCE OF 1268.46 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF NATCHES COURT AND THE POINT OF BEGINNING ; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 492 .00 FEET, A CENTRAL ANGLE OF 21 "18'42", AN ARC LENGTH OF 183.00 FEET , THE CHORD OF WHICH BEARS S 00'42'3 5" W, A DISTANC E OF 181 .95 FEET; THENCE N 04"5708" E, A DISTANCE OF 86 .60 FEET; THENCE N 03"07'28" W, A DISTANCE OF 95 .80 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 448 SQUARE FEET OR 0.010 ACRES , MORE OR Li:.SS . ILLUSTRATION ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE . SURVEYOR'S CERTIFICATE I H~REBY CERTIFY THAT THE ATTACHED EA WAS PREPARED BY ME OR UNDER MY DIR TO THE BEST OF MY KNOWLEDGE ANO 8 WILLIAM G. BUNTIROCK, PLS 3551l5 •OR ANO ON BEHALF OF • 3 COMPANIES OF COLORADO , LTD . . 'ROJ: 003038 V3 COMPANIES OF COLORADO 2399 BLAKE STIREET., STE . 130, DENVER, CO. 60205 PH : 303-989-8588 FX : 303-989-9932 DENVER CHICAGO PHOENIX ILLUSTRATION FOR EXHIBIT B SHEET 2 OF 2 NW COR., SEC. 4 N89 '56'50T LS I 14J4 POINT or COIIIIE:NC&E:NT ~CUI.AW POSITION / FOUND 2-1/2" ALUM, CN' 50.14 '~N 1/4 CCR., SE:C, 4 WTTNESS CORNER NO MONUMENT FOOND OR SET FOUND J" BRASS CN'~ CORNER FALLS IN SOUTII Pt.Am: RIVER BASIS or BWIINGS LS 22571 N. LINE NWJ/.1,_JEC. 4 qj,--,f--5Bg-56'5o' W 2605$______ I RI VE RPOINT AT SHERIDAN SUBDIVISION FILING NO . 1 BLOCK 5 LOT 38 POINT OF BEGINNING (/}: ~ /\,): t,.,>~1 a,"'' Cll u, I ~~·: ,, ,,,, I APPROX . 4<18 SQ FT (0 .010 ACRES). THI S EXHIBIT DOES NOT REPRESENT,._ MONUMENTED LAND SURVEY IT IS INTENDED ONLY TO DEPICT THE,._ TT ACHED DESCRIPTION . BLOC K 6 LOT 1 Rl\l~RPOINT AT SHERIDAN SUBOMS ION FILING NO . 1 6•21'18'42" R•492.DD' L•183.DO' Ch8•500'42'35"W ChD•181.95' Scale : 1"=100' 100 FEET 200 • • • • PERMANENT UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT WEINGARTEN MILLER SHERIDAN, LLC, Grantor, fo r and in consideration ofTEN AND NO/I 00 DOLLARS ($10 .00) and other good and valuable consideration, the receipt and suffkiency of which are hereby acknowledged by the Gran tor, does, for itself and on behalf of its heirs , successors and assigns, hereby grants and conveys to the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorauo, the Grantee, its successors and assigns , a right of entry and permanent non exclusive utility easement on that property described in Exhibit "C", which is attached hereto and incorporated herein by this reference (hereinafter the "Easement Premises"), upon which lo reconstruct, operate, remove, repair and maintain sanitary sewer facilities across, on , under and through the Easement Premises, said Easement Premises lying and being in the City of Sheridan , County of Arapahoe, State of Colorado . Grantor hereby covenants and agrees that it has good title to the Easement Premises ; that it has good and lawful right to grant this easement and that it will warrant an d defend title and quiet possession thereof against the claims of all persons whomsoever . Grantor further covenants to and with GranteP. that the Grantee's officers , agents or employees may al any or all times when necessary or convenient to do so, go over and upon said Easement Premi ses, and do antl perform any and all acts necessary and convenient to the carrying into effect of the purposes for which this grant is made . Non Exclusive Utility Easement Page2 Granter hereby re serves the right to use the Easement Premises for any purposes which are not inconsistent with, and do not interfere with , the easement and right s herein gr Jnted to Grantee, prov ided , however, that such reservation by Granters shall not include the right to erect or cause to be erected any buildings, structures, tr ees, or other obstructions on the Easement Premises whic h would preclude, injure or make more difficult the exercise by Grantee of the easement and rights granted to Grantee hereunder. Grantee agrees to restore the Ea seme~t Premises , as reasonably as po ss ible, to the co ndition it was in immediately pri or to any maintenance activities undertaken herein. Such restoration sha ll not include the replacement or repair of any structure or landscaping (such as but not limited to trees, signs , walls, etc.) Such restoration sha ll only include repaving, regrading or reseeding of the Easement Premises as needed . . 1-.-- SIGNED this .L£ day of 7 4µ,,,/: , 20a. B~~~ GRANTOR ATTEST: COUNTY OF ARAPAHOE ) )ss. ST A TE OF COLORADO ) ,.,_ The foregoing instrument was acknowledged before me this~day of _L-'-="'',L=J=--· 20.=Q. 7 o A NOTARY PUBLIC STATE OF COLORADO My Commission Expires : ti'/y~ r /6-..-t.,..____, fa-.. e.............-c: My Commtulan Elqll191 Nov. 4, 2008 Notary Public • • • EXHIBIT C SHEET 1 OF 2 NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION vl~~Q Vf.J!i/,\J;i. V~ij~~ AN EASEMENT OVER, ACROSS , UNDER AND THROUGH A PORTION OF LOT 1, BLOCK 6, RIVER POINT AT SHERIDAN SUBDIVISION FILING 1, LOCATED IN A PORTION OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; CITY OF SHERIDAN , COUNTY OF ARA PAHOE, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A WITNESS CO~NER, BEINGS 89'56'50"W, 50 .14 FEET DISTANT FROM THE CALCULATED POS ITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 AND MONUMENTED BY A 3" BRASS CAP STAMPED "PLS 22571", WHENCE THE NORTHWEST CORNER OF SAID SECTION 4 , AS MONUMENTED BY A 2-1/2" ALUMINUM CAP, STAMPED PLS 11434 , BEAR S S 89 '56'50" W, A DISTANCE OF 2,605.26 FEET WITH ALL BEARING S CO NTAINED HEREIN BEING RELATIVE THERETO ; THENCE ALONG'THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 89"56'50 " E, A DISTANCE OF 50 .14 FEET TO THE CALCU LATED POSITION OF THE NOR TH QU ART ER CORNER OF SAID SECT ION 4; THENCE S 25'48'37" E, A DISTANCE OF 1432.48 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF NATC HES CO URT AND THE POINT OF BEGINNING ; THENC E S 81'13'32" E, A DISTANCE OF 66 .18 FEET ; THENC E S 88'45'5 5" E, A DISTANCE OF 194.63 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SOUTH SAN TA FE DRIVE; THEN CE ALONG SAID WESTERLY RIGHT OF WAY LINES 13'39'54 " W, A DISTANCE OF 67 .60 FEET TO THE NORTH LI ME OF THE SW 114, NE 1/4 , SECTION 4; TH~NCE ALONG SAID NORTH LINEN 89 '56'17 " W, A DISTANCE OF 38 .44 FEET ; THENCE N 15'42'14" E, A DISTANCE OF 17.35 FEET; THENCE N 88'45'55' W, A DISTANCE OF 149.28 FEET ; • THENCE N 81 '13'32" W, A DISTANCE OF 70 .39 FEET TO THE EASTERL Y RIGHT OF WAY LINE OF NATCHES COURT ; f HENCE ALONG SAID EASTERLY RIGHT OF WAY LINE AND A NON -TANGENT CU RVE TO THE LEFT HAVING A RAD IUS OF 548 .00 FEET , A CENTRAL ANGLE OF 05 '13'49', AN ARC LEN GT H OF 50.03 FE ET , THE CHORD OF WHICH BEARS N 09'49'16" E, A DISTANCE OF 50 .01 FEET TO THE POINT OF BE GIN NING . CONTAINING A CA LCULATED ARE A OF 13,556 SQUARE FEET OR 0.311 AC R,S. MO RE OR LESS . IL LUSTRATIO N r -~CHED HERETO AND INCO RPORATED HEREIN BY REFERENCE . SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE ATTACH WAS PREPARED BY ME OR UNDER M ~~ffl'9!lil(J ND IS ACCURATE TO THE BEST OF MY KNOWLEDGE AN WILLIAM G BUNTROCK , PLS 35585 FOR A',D ON BEHALF OF V3 COMPANIES OF COLORADO , LTD f;l PROJ. D03\J 38 • , .. • V3 COMPANIES OF COLORADO 2399 BLAKE STREET., STE . 130, DENVER, co. 80205 PH : 303-989 ---:88 FX: 303-989-9932 DENVER CHICAGO PHOENIX ILLUSTRATION FOR EXHIBIT C SHEET20F 2 1M COIi., SEC, 4 N89'56 '50"E l roi.;ND 2-1/2" ALUM, CAP 50.l 4'~N 1/4 COIi,. SEC. 4 LS I 14J4 POINT or C()l,(1,/EI/CEMcNT CALCUIAW POSITION wm.lESS CORNER NO l'ONUAl£NT FOi/NO OR SET FOUND J" BRASS CAP~ CORNER FALLS IN SOUTH l'tAm: RIVER BASIS or BEARINGS LS 22571 (b-~ -df~J!'if-:J~~5fo~TF------I POINT OF BEGINNING RIV£RPOINT AT SHERIDAN SUBDIVISION FILING NO , 1 THIS EXHIBIT DOES NO IT IS INTENDED ONLY T BLOCK 5 LOT 38 --I/ORTH UNCsw"iµ N£1/4 SEC. 4 BLOCK 5 4B ' I I I ' \i, \ , I ~ t. ~~-·.,. ¼ CP_ I ~ 'r, I ' ' I ' ' I I I I RIVERPO INT r SHERIDA N SUBDIVISI ON <::.ING NO, 1 BLOCK 6 LOT 1 NOT A PART OF THIS SUBDIVISION Scale : 1"=100' 100 FEET 200 ® Engineers 2399 Bloke Slreel Suite 130 NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION Scientists ~:9 .~:~~~ RIVER POl~IT AT SHERIDAN SUBDMSION FILING 1 NE,:,. sec .... T, 5 s .. R. 88 w., 8TH PM Surveyors !~~:!932 fix CITY OF SHERIDAN , COUNTY OF ARAPAHOE , STATE OF COLORADO COMPANIES OF COLORADO, LTD, i.;g&~!:N'-: ,_P,,.M ___ -!'~;;~;.;T,;,E;.~:.=,D11!:'.r:w:;1;;;;.7----H:,;;~;;;~,-; D;,;N~;:;;_"'038""----1I • • • • PERMANENT UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT WEINGARTEN MILLER SHERIDAN, LLC, Grant or, for and in consideration of TEN AND NO/I 00 DOLLARS (SI 0.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the Grantor, does, for itself and on behalfofitsheirs, successors and assigns , hereby grants and conveys to the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, the Grantee, its successors and assigns, a right of entry and permanent non exclusive utility easement on that property des cribeJ in Exhibit "D", which is attached hereto and incorporated herein by this reference (hereinafter the "Easement Premises"), upon which to reconstruct , operate, remove, rep Rir and maintain sanitary sewer facilities across, on, under and through the Easement Premises, said Easement Premises lying and being in the City of Sheridan, County of Arapahoe, State of Colorado . Grantor hereby covenants and ,grees that it has good title to the Easement Premises ; that it has good and lawful right to grant thi~ i asement and that it will warrant and defend title and quiet possession thereof against the ~!aims of all persons whomsoever . Grantor further covenants to and with Grantee that the Grantee's officer ~, agents or employees may at any or all times when necessary or convenient to do so, go over and upon said Easement Premises, and do and perform any and all acts necessary and convenient to the carrying into effect of the purposes for which this grant is made . Non Exclusive Utility Easement Page2 Grantor hereby reserves the right to use the E:.Meme,1t Premises for ~ny p1•rposes which are not inconsi~tent with, and do not interfere with, the oasement and rights herein ;vantc<l to Grantee, provided , however, that such reservation by Grantors shall not include the right to erect or cause to be erected any buildings, structures, trees , or other obstn · etion, on the Easement Premises which would preclude, injure or make more difficult the exercise by Grantee of the easement and rights gran ted to Grantee hereunder. Grantee agrees to restore the Eas ement Premises , as reasonably as possible , to the conditio n it was in immediately prior to any maintenance activities undertaken herein . Such restoration shall not include the replacement or repair of any structure or !ant .caping (such as but not limited to trees, signs, walls, etc.) Such restoration shall only include repaving, regrading or reseeding of the Easement Premises as needed. SIGNED this /:39'->--day of __&'""f-'-, 20~. ATTEST : COUNTY OF ARAPAHOE )ss. ST A TE OF c.r LORADO ) B · \7' au~-~ ~NTOR -The foregoing instrument was acknowledged before me this_L,_day of ~~ , 20!.J.... My Commission Expires : // /f /o Y J o NOTARY PUBLIC STATE OF COLORADO My CommlulOn lillplW NoY. 4, 2008 ~/k-c.~ Notary Public • • • EXHIBIT D SHEET 1 Of 2 NON-EXCLUSIVE UTILITY EA&EMENT DESCRIPTION AN EASEMENT OVER, ACROSS , UNOER AND THROUGH A PORTION OF LOT 2, BLOCK 6, RIVEFl POINT AT SHERIDAN SUBDMSION FILING 1, LOCATED IN THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP ~ SOUTH , RANGE 68 'M:ST OF THE SIXTH PRINCIPAL MERIDIAN ; CllY OF SHERIDAN , COUNlY OF ARAPAHOE , STATE OF COLORADO ; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A WITNESS CORNER , BEINGS 89'56'50" 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 22571', WHENCE THE NOF.THWESTCORNER OF SAID SECTION 4 , AS MONUMENTED BY A 2-1/2" ALUMINUM CAP, STAMPED PLS 1143◄, BEARS S 89'56'50" W, A DISTANCE OF 2,805.26 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO ; THENCE ~LONG THE NORTH LINE OF THE NORTHv.£ST QUARTER OF SAID SECTION 4, N 89'56'50' E, A DISTANCE OF 50 .14 FEET TO THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 ; THENCE S 25'00'2T E, A DISTANCE OF 1792.47 FEET T.0 THE POINT OF BEGINNING ; THENCE S 65'3◄'01' E, A DISTANCE OF 6.00 FEET ; THENCE S 22'44'52 ' W, A DISTANCE OF 33 .29 FEET TO A POINT OF TANGENT CURVATURE ; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 127.50 FEET, A CENTRAL ANGLE OF 04'51'01 ', AN /RC LENGTH OF 10.79 FEET , THE CHORD OF WH ICH BEARS S 25'10'22' W, A DISTANCE OF 10.79 FEET; THENCE N 15'40'06' E, A DISTANCE OF 42 .51 FEET TO THE POINT OF BEG INNING . • CONTAIN ING A CALCULATED AREA OF 133 SQUARE FEET OR 0.003 ACRES , MORE OR LESS . ILLUSTRAT ION ATTACHED HERETO AND INCORPOR~TED HEREIN BY REFERENCE . SURVEYOR 'S CERTIFICATE I HEREBY CERTIFY THAT THE ATTACHED EASEMENT DESCRIPTION DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRE ~~?'!li191'1 DIS ACCURATE TO THE BEST OF MY KNO'M.EDGE AND B WILLIAM G. BU NTROCK, PLS 35.'585 FOR AND ON B~HALF OF V3 COMPAN IES OF COLORADO , LTO . • ROJ : 003038 DENVER CO. 60205 PH : 303-989-8568 FX: 303-989-9932 ILLUSTRATION FOR EXHIBIT D SHEET20F2 NW COR,. sec, 4 N89 '56''11'1: I FWNO 2-1/2" Al.Ill/, CN' '11.14 ' LS I 1~4 POINT OF C01111ENC£1100 w,mrss CORNEIi FOJJIIO J" BRASS CAP /1,ISJS or BEARINGS LS 22571 ,,,___A_!!._/!NE NW!/~S§q. 4 ·---~ \ v----v-S sg•5i'jo"" W 2605,"'ii'" --~ UNPLATTED BLOC K 6 LOT 2 N 1/4 COR., sec. 4 CILCULA1l'D POSITION NO WJNUIICNT FOUND OR SET CORNER F,11.LS IN SOUTII PU.TTE RNER S22'H'52"W 33.29' b•04'51 '01" R•127.50' L•I0.79' ChB •S25' 10'22"W Ch0•10.79' EASEMENT CONTAI APPROX . 133 SQ FT (0.003 ACRES). Scale : 1"=50' 50 THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED LANO SURVEY IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION . FEET "c•!•"tJ'sts = ~::~ RIVER POINT AT SHERIDAN SUBOMSION FILING 1 100 ~1 ,..,,.. NE 114, SEC, 4., T. 5 8., R.118 W., 8TH PM Survey )TS t~:.:9 12 fox CITY OF SHERIDAN, COUNTY OF ARAPAHOE, STATE OF COlDRAOO • © Engineers 2399 Blake SlleeL SUlte 130 NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION ( OOMPANIES OF COLORAOO, LTD . 1-'D!.;R,_~"-; _,_P_,,M,__ __ --+:~':~'i-l'=·,-,,o;;,11.!:2'°7'"'1;:;,,;,;--;;;;;;,;,.;;:;;::=--·H • • • PERMANENT UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT WEINGARTEN MILLER SHERIDAN , LLC, Gran tor, for and in consideration of TEN AND NO/I 00 DOLLARS ($1 0.00) and other good and valuable consideration, the receipt and sufficiency of which arc hereby acknowledged by the Grantor, docs, for itself and on behalf of its heirs , successors and assigns , hereby grants and convcY5 to the CITY OF ENGLEWOOD , a muni cipal co rporation of the State of Colorado , the Grantee , its successors and as signs , a right of entry and pennanent non exclusive utility easement on that property c'escribed in Exhibit "E", which is attached hereto and incorporated herein by this reference (hereinafter the "Easement Premises "), upon which to reconstruct, operate, remove, repair and maintain sanitary sewer facilities across, on , under and through the Easement Premis es, said Easement Premises lying and bei ng in the City of Sh erid an, Co unt y of Arapahoe, State of Colorado . Grantor hereby covenants and agrees that it has go od title to the Easement Premi ses ; that it has good and lawful ri ght to grant thi s ell!:ement and that it will warrant and defend title and quiet possession thereof against the claims of all persons whomsoever . Grantor further covenants to and with Grantee that the Grantee's officers , agents or employees may at any or all times when necessary or convenient to do so, go over and upon said Easement Premises , and do and perfonn any and all acts necessary and convenient to the carrying into effect of the purposes for which this grant is made . Non Exclusive Utility Eas ement Page 2 Grantor hereby reserves the right to use the Easement Premises for any purposes which are not inconsistent with, and do not interfere with, the easement anc'. rights herein granted to Grantee, provided, however, that such reservation by Grantors shall not include the right to erect or cause to be erected any buildings, structures, tre:s, or other obstructions on the Easement Premises which would preclude, injure or make more diff:cult the exercise by Grantee of the easement and rights granted to Grantee hereunder . Grantee agrees to restore the Easement Premises, as reasonably as possible, to the condition it was in immediately prior to any maintenance activities undertaken herein. Such restoration shall not include the replac ement or repair of any structure or landscaping (such as but not limited to trees, signr . walls, etc .) Such restoration shall only include re,,aving, regrading or reseeding of the Easement Premises as needed . ' ,. 9'>-. ,I__., SIGNED this~ day of ~-:....I--, 20fl. -\; ~~-~ ~NTOR ATTEST : COUNTY OF ARAPAHOE ) )ss . ST A TE OF COLORADO ) The foregoing instrument was acknowledged before me thi!: /3"'7ay of My Commission Expires: 11/f/ <7f NOTARY PUBLIC STATE OF COLORADO My Commlulon E,pl9I Nov. 4, 2008 ~ )1,.... ~___;_ Notary Public • • • • • v.i;;lQ. EXHIBIT E SHEET 1 0f 3 Vf.Jtii.~ \~~~ NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION AN EASEMENT OVER , ACROSS , UNDER AND ACROSS A PORTION OF TRACT P, RIVER POINT AT SHERIDAN SUBDI VISION FILING 1, LOC~TED IN THE NORTHEAST QUARTER OF SECTION 4 , TO\'h,ISHIP 5 SOUTH , RANGE 68 WEST OF THE SI~ TH PRINCIPAL MERIDIAN ; CITY OF SHERIDAN , COUNTY OF ARAPAHOE , STATE OF COLORADO ; BEING MORE PAR",ICU L>'ILY DESCRIBED AS FOLLOWS : COMMENCING AT A WITNESS CORNER, BEINGS 89"56'50" W, 50 .14 FEET DISTANT FROM THE CALCULATED POSITION OF THE NORT!i QUARTER CORNER OF SAID SECTION 4 AND MONUMENTED BY A 3" BRASS CAP STAMPED "PLS 22571", WHENCE THE NORTHWEST CORNER OF SAID SECTION 4 , AS MONUMENTED BY A 2-1/2" ALUMINUM CAP, STAMPED PLS 11434, BEARS S 89'56'50" W, A DISTANCE OF 2,605 .28 FEET WITH ALL BEAf<INGS CONTAINED HEREIN BEING RELATIVE THERETO ; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 89'56'50" E. A DISTANCE OF 50 .14 FEETTO THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4; THENCE S 22'09'34 " E, A DISTANCE OF 1004.96 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF RIVER POINT DRIVE AND THE POINT OF BEGINNING ; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 179.50 FEET, A CENTRAL ANGLE OF 07'18'43", AN ARC LENGTH OF 22 .91 FE:E;, THE CHORD OF WHICH BEAF .S N 57"59'17 " E, A DISTANCE OF 22 .89 FEET TO THE WESTERLY RIGHT OF WAY LINE OF SOUTH SANTA FE DR IVE ; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINES 16'0T46"W,ADISTANCE OF 456 .98 FEET TO A PO NTOF TANGENT CURVATURE; THENCE ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 149,00 FEET , A CENTRAL ANGLt OF 24"15'03", AN ARC LENGTH OF 63 .07 FEET, THE CHORD OF WHICH BEARS S 28 '15'1r w. A DISTANCE OF b !.60 FEET; THENCE N 15 "53'10" E, A DISTANCE OF 501 ,13 FEETTO THE POINT OF BEGINNING . CO "lTA,'.II NG A CALCULATED AREA OF 6,664 SQUARE FEET OR 0.153 ACRES. MORE OR LESS . ILLUSTRATION ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE , SURVEYOR'S CERTIFICATE WILLIAM G, BUNTROCK. PLS 35585 FOR AND ON BEHALF OF V3 COMPANIES OF COLORADO , LTD , PROJ : 003038 ILLUS'TRA T10N FOR EXHIBIT E SHEET 2 OF 3 /WI COIi., S£C. 4 N89'5$'Mi"F: l fOUNO 2-1/2" N.UN. CAI' 50.l4'~N 1/4 COIi., S£C. 4 LS 114:14 PONT or COM/Jo«:El/EWr C4LcvtAm> POSITION WIT1/£SS CORNEIi NO l,JONU/JEM FDUND OR SCT FOUND J" BMSS CN'~ COlll(!fl f,IUS IN SQI/TH PI.A11F IIM1I BASIS or 8E:ARINGS LS 22iill ~</'---f~f.1fho~J(-.1. .. l!J¾-.. ----I RIVER PO/NT DRIVE I I I I I I . 'l-1' .... 'f <g,,o "''I.P· ·i~\~ RIVERPOINT AT SHER IDAN SUBDIVISION FILING NO . 1 TRACT P SEESHEET3 EASEMENT CONTAINS APPROX . 8,11&4 SQ FT (0. 153 •r.RES). THIS EXHIBIT DOES NOT REPRESENT A MONUMENTcll LANO SURVEY IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION . 6•07' 18'43° R•179.50' l•22.91 ' ChB •N5759'17"E ChD c22.89' Scale : 1 "=50' 50 FEET 100 Err:nneers 2399 Blllce -~ Me 130 ....,.-Oa,ver, CO I020l Scientists 303 919.llll voice NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION RIVER POINT AT SHERIDAN SUBDMSION FILING 1 Surveyors !~,!~32 ru NE 11', SEC . 4 .. T. 5 s .. R. 81 w., ITH PM CITY OF SHERIDAN, COUNTY OF ARAPAHOE, STATE OF COLORAOD ORN : PM JOB:003D311 COMfANIES OF COLORADO, LTD . CKO : · NIA • • ILLUSTRATION FOR EXHIBIT E BLOCK 7 LOT 2 SHEET30F 3 SEE SHEET2 \_ 6 •24'15'03" R•H9.00' L•63.07' ChB•S28' 15' 17"W r.,., ® Scale : 1"=50' EAS ROX . e,l!e4SOFT(0 .153ACRES), 0-=-::::::,~eo=====:::::ilOO THIS EXHIBIT OOES NOT REPRESENT A MONUMENTEO LAND SURVEY FEET IT IS INTENDED ONLY TO DEPICT THE ATTACl1Ell DESCRIPTION. Engineers :9.!~=SuilellO Scientists ioi .m .isn .. , .. Surveyors t~~.=12 ru COMPANIES OF COLORADO, LTD. NON-EXCLUSIVE UTILITY EASEMENT DESCRIPTION RIVER POINT AT SHERIDAN SUBDIVISION FILING 1 NE 1/<I, SEC . 4., T. 5 S., R. AW., 8TH PM CITY OF SHERIDAN, COUNTY OF ARAPAHOE, STATE OF COLORADO DRN: PM DATE: 01/22/07 JOB : D03038 • • • COUNCIL COMMUNICATION Dale: September 4, 2007 Initiated By: I Agenda Item: 9 a I Utilities Department I Subject: Permanent Utility Easement -Natches Court I Staff Source: Stewart H. Fonda, Dire ctor of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION At their August 14, 2007 meeting, the Engle wood Wa ter and Sewer Board recommended Counci l adopt a Bill for an Ordinance approving the Permanent Utility Easement for Natches Co urt. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Weingarten Miller Sheridan, developer of the Riverpoint Project, submitted a Permanent Utility Easement to Englewood fo r the required SO' permanent non-exclusive easemen t for Englewood 's sanitary sewe r main. This easement was negotiated whe n LJilding configurations resulted in the 50 ' utility easement being deficient in four lo ca ti ons . Natches Court was moved 5' an d the Kenyon right-of-way was vacated. Th e submitted easement will fulfill Englewood's requirement to maintain its 50 ' ease me nt. The easement is located approximate ly at the north end of the Riverpoint Project, west of Santa Fe on both sides of Kenyon. FINANCIAL IMPACT Ten Dollars as consideration to Weingarten Miller. L1ST OF ATTACHMENTS Bill for an Ordinance