HomeMy WebLinkAbout2007 Ordinance No. 062•
•
•
ORDINANCE NO . ft?:_
SERIES OF 2007
BY AUTHORITY
mtmA.ct NQ, /~ 1-~oc7
COUNCll. Bll.L NO . 62
INTRODUCED BY COUNCIL
MEMBER MOORE
AN ORDINANCE AUTHORIZING A "PERMIT • CITY DITCH CROSSING
AGREEMENT" AND A "TEMPORARY CONSTRUCTION EASEMENT' FOR A
TELECOMMUNICATIONS CABLE ALONG SOUTH SANTA FE LOCATED AT
WOLHURST AND C-470 BETWEEN QWEST AND THE CITY OF ENGLEWOOD.
COLORADO .
WHEREAS , Qwest submitted request for a Pennit for Crossing the City Ditch and a
Temporary Construction Easement for a telecommunications cable al ong South San ta Fe ;
and
WHEREAS, the Pennit-City Ditch Crossing Agreement would allow a single 1-1 /4"
plastic duel pipe con1oining fiber cab le to cross 18" to 24 " bcr.eath Englewood's 48" Cily
Di1ch Pipe from Soulh Santa Fe Drive to the adjacent propenies located wesl of South
Sanla Fe Drive; and
WHEREAS , Ibi s crossing is loca led st Wolhursl on 1he nonhwesl co mer of Sou1h Sanla
Fe and C-470 in Littlelon ; and
WHEREAS, lhe Temporary Cons1ruction Easemen1 allows fo r lhe construclion of lhe
encased cable 10 cross the City Dil ch within lhe pennit paramet ers ; and
WHEREAS , the Englewood Water and Sewer Board recommended approval of the
"Pcnnit -City Ditch Crossing Agreement " and the "Temporary Construction Easement "
for the locati on of 3066 South Sherman Street, Englewood, Co lorado at the October 9,
2007, meeting ;
NOW, THEREFORE, BE IT ORDAINED BY THI' CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
~-The "Pcnnit -City Ditch Crossing Agreement" and the "Temporary
Cons1ruction Easement" for Qwest to cross the City Ditch with a single 1-1/4" plastic duct
pipe containing fiber cab le at the location flf Wolhurst on the nonhwes 1 comer of South
Santa Fe and C-470 in Littleton, attached hcretu as "Attachmen1 I," is hereby accep ted and
approved by the Englewood City Council.
~-Pursuant to Article V, Section 40 , of the Englewood Home Ruic Chaner,
the City Council has dctennined that "Attachment I", attached to this Ordinance, shall
not be published because ofits size . A copy is availab!c in the Office of the Englewood
City Clerk .
-1 -
9 b II
&lisimll , The Director of Utilities i1 authorized to execute the "Permit -City Ditch •
Cronina Asreemcnt" and the "Tempomy ConatNction Euement" for and on behalf of the
City of Enalewood, Colorado .
Introduced, read in full, and puaed on fint readina on the 15• day of October, 2007.
Published u a Bill for an Ordinance on the 19th day of October, 2007 .
ReaJ by title and p111ed on final readinaon the 5th day of November, 2007 .
Published by title as Ordinance No~Series of 2007, on the 9th day of November,
2007 .
I, Loucrishia A. Eilis, City Clerk of the City of Englewood, Colorado, hereby cenify
that the above and foregoing is a tru«;:<>,J>Y of the Ordinance p on final reading and
published by title as Ordinance No.(RL,-Scrics of 2007 .
-2-
•
•
•
PERMIT -CITY DITCH CROSSING AGREEMENT
TI-llS PERMIT AGREEMENT , made and entered into as of the_ day of __
___ , 200_, by and between lhe CITY OF ENGLEWOOD, a munici~I co rpora tio n of
Colorado, hereinafter referred lo as "City", and gwesr C@-P , {4'!0U:t he rei n rc fmed to as
"Permittee".
WI~~SETH: The City hereby autho1izes Permillee, its successor, assigns , lo install a .
.Sl"(,,CF. I 1/r -Pt.l\GT/G ·->=r .CtMml••J~'&: fttUR q ·n,. Ctfl'SI.£.
____________ ("Facilities") in the City's rights-of-way for the City Ditch,
c'escribed as a parcel of land situated in the .:SIJ<t'1H 1<14Sr 9"'"1i'ti1\ of Section
3 Z. , Township S St>um Range ~f; @Sr
of the ~ ?Jr P.M., County of Arapahoe, State of Colorado
des cribed as follows :
[See attachment]
County of Arapahoe, State of Colorado, desc1ibed on Exhibit A, attached hereto and made a part
hereof, under the following terms and conditions :
I . Any construction contemplated or performed under this Permit shall comply with and
conform to commercially reasonable standards formulated by the Director of Utili ties of the Cily
and such construction shall be performed and completed according lo the pl ans , consisting of one
sheet, a copy of which is allached hereto and made a part hereof and approved by the City.
2. The Permillee shall notify the City's Director of Utilities at least thre ~ (3) days prior to
the lime of commencement of the construction of, or any repairs made to, Permittee's Facilities
so that the City may , in its discretion , inspect such operations at ils sole cost. In the event that
emergency repairs must be made lo the Facilities , Permitlee may do so without providing
advance notice, provided however that Pennittee shall notify the Director of Utilities within three
(3) days after the completion of such emergency repairs.
3. Within the time petiod agreed to by City and Pennittee and identified on the plans,
Pennittee shall complete such construction, place and maintain permanent, visible markers , of a
type and at such locations as reasonably designated by the City's Director of Utilities , referring
to the centerline of the installation and shall clear the crossing area of all construction debris and
190077693".I 17100.01609N2007 ll:'7 AMI
A
T
T
A
C
H
M
E
N
T
restore the area lo its previous co nditi on as ne ar as may be reasonable. In th e event the placing
of the centerline markers and the clearing and restoration of the cross ing area is not comp leted
within the time spec ified , the City may complete the work at the so le expense of the Permillee.
4. The City sha ll have the right lo maintain, install, repair, rem ove or relocate the City Ditch
or any other of it s facilities or installations within th e Cit y's rights-of-way, at any time and in
such manner ns the City deems nece ssary or convenient , in accordance with Colorado law . The
City reserves th e exclus ive right to control all of th e City's easements and in stall ations . In the
event the "Pt,,,sr1G vucr C/,,,,;-J,,,,,,,,e;. flt...< C,/r:+£ sho uld interfere with any future use of the
City's rights-of-way by the City, the Permillee shall, relocate, rcan-ange, or rem ove its
installations so as not to interfere with any s uch use. Permillee shall pay for the cost for suc h
relocation, rean-angemenl, or removal as required by Co lora do law.
5. Any repair or replacement of any City in stallati on made necessary because of the
cons tructio n of the "l'/.1>.Gr,c. -Ouc.r a,,,,,,,.,,..,~"i /v~EA! C,/,r,1.£. or other ap punen anl
installation th ereof, shall be made at the sole expense of Permillee.
6. The stipulation and cond ition s of this Pe1mit shall be incorporated into con tract
specifica tion s if the const ru cti on herei n authorized is lo be done on a contract basis.
7. Permillee sha ll contact and fully coopera te with the City's personnel as reasonab ly
required an d the construc tion shall be comple ted wi th out interference wi th any law ful , usual or
ordinary flow of waler through the City ditch. Pennillee shall assume all risks lo the Facilities
incident to th e possible presence of such waters, or of ston-n waters, or of s urface waters in the
City Ditch.
8. All Trenches or holes within the City's rights of way shall be backfi ll ed and tamped lo
the ori gin al gro und line in layers not to exceed six (6; inches lo ose meas ure to a r.n mpa rtion of
ninety percent (90%) Standard Proctor Maximum Density.
9. Qwest acknow ledges that the following c ,,J ,t,ons are contained in Section 12-3-2 of th e
Englewood Municipal Code. By including these t,· ms in this permit, Qwest does not wa ive its
right lo challenge the lawfulness of the se con ditio r:s pursuant to the ColuJ'ado
Telecommunications Act , 38-5.5-101, et seq. the fed era l Telecommunications Act of 1996 ,
Telecommunications Act of 1996, Pub . L. 104-104 , 110 Stat. 56, codified at 47 U.S.C. § 151 et
seq. or any other provision of state or federnl law :
a. The lights and pJivileges grunted in this License shall be subject to plior
agreements, licensee and/or grants, recorded or unrecorded, and ii shall be the
1111007769)4.1171 00,01609/ll/200711 :•7 I\MJ
•
•
•
•
•
•
Licensee's so le responsibility 10 determine the existence of sa id documents or
con ni cti ng uses or installations.
b. Licensee, by acce ptance of this License, expressly assumes full and strict liability
for any and all damages of every nature 10 person or propeny caused by water
from the ditch leaking through the ditch banks or pipel ine at the point or points
where the Li ce nsee perfonns any work in connection with the crossing provided
by this License. The Licen ser, assum,,s all res ponsibility for maintenance of the
installation .
c. Licensee shall indemnify and save ha,mlc ss the City, its officers and employees,
against any and all c!:1ims, damages, action or causes of action, and expenses 10
which it or they may be subjected by reason of said 1'Mfm 'v""-r
d .
u;,.,..n1l,.,,,..4: rlKElt emc. Clf;';,t.t:
__________________ being within nnd across and
under the premises of th e City or by rea son of any work done or omission made
by Licen see, its agents or employees, in connection with the construction,
replacement , maintenance or repair of said installation .
It is expressly agreed that in case of Licensee's breach of any of the within
promises, City may, of its option, have specific performance thereof, or sue for
damages resulting from such breach.
10 . Upon abandonment of any right or privilege herein granted, the right of Licen see to that
extent shall terminate, but its obligation to indemnify and save harmless City, its officers and
employees, shall not terminate in any event.
In granting the above authorization, City reserves the right to make full use of the
propeny involved in accordance with applicable Colorndo law as may be necessary or
convenient in the operation of the water works plant and system under control of City.
[N WITNESS WHEREOF, this instrument has been executed as of the day and year first
above written.
CITY OF ENGLEWOOD, COLORADO
Director of Utilities
Englewood Water and Sewer Board
l«00776934 .117100·01609N2007 ll :n AMI
The undersigned officer of QU)C.S r CP!;.7'~1/n~d has read the
foregoing Perm it -Cit y Ditch Crossing Agreement and agrees for and on behalf of sa id __ _
Qwt1'r t:'o'R?'t>&fn",t , that it will accep t and wi ll abide by all the
1e1111s and conditi ons thereof.
PERMITTEE :
/UP,...
By : t:tNIR'-IE~ 7'1.,ic(i.
Title : "DALU:-t/r( /lli'n{t>1f.lr/
Address : fT,f"O e. ~>fm/JA 11~.
b.-.rru w&.,, & &c:;11 t.
STATE OF CO LORADO
COUNTY OF ARAPAHOE
)
)ss
)
Acknow ledged before m bi , ~~ay of S,~.DN!)I!(. 2007 by \' \-\:u:!o~ :P lo.u,.,
~l<>@P,t~ 1-\u..-lfoP,rt'-j
My Commiss io n expires )ol ·d)./· 01
:::::-,\t d" R C'f\CJ:'<\1 dU,.
Nota ry Public
Myearmsslone.,q,ns I ~~1-07
!1100776111-4 ,l 1710().0160 9/8l2001 I l :'7 AMI
•
•
•
XHIBIT "A"
OWEST'S PLANNED PLACEMENT
WILL BE 4' -S' BELOW EXI STING
GRADE TO MAJNTAIN A 1' ~LEARANCE
BELOW THE CITY DI TCH PIPE
,,..----•·····N'LY UN( LO T ~•a:.;c:<IKJ"::E!ASJS Of OCARING •···••H•'"'\
_,., 14 !>6 .29' -.. ,
/ owcs r CORPORATION \ ,, I COPP(R Ct.SL[ PER \
,/ rxtST . /~~~T~~CH ~J~ ~~ AT \
,,· IMNHOL( k BURIED PIP[ t R(C. NO. 92183S15 ',,
,' 1 1 1 ARAP~IO( COUNTY ',
,, --_,~-:,:~~:i=;;;+_.~':.:~~~::~~:~~l '-
'\._---s119'34•35,: ......... /· I
1244 ,ll&'(TtC)
WOLHURST
FILED IN THE ARAPAHOE COUNTY
CLERK ANO RECORD ER'S OFFICE
BOOK 22 , PAGE 78
CENTERLINE LENGTH•SO.O'± I
ACROSS CITY DITCH ROW
LOT 1
BLOCK 1
SW\/4 SEC . 32
T5S, R68W, 6TH P.M.
R[VISCO: ®/24/07
I
A LICENSE LOCATED IN THE SOUTHWEST QUARTER OF SE CTION J2, TOWNSH IP 5
SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIO~. COUNTY OF ARAPAHOE,
STATE Of COLORAOO, ALSO BEING A PORTION LOT I , BLOCK I, WOLHURST
SUBOIVISION, FILED IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE AT
BOOK 22, PAGE 78:
BASIS OF BEARING Of THIS DESCRIPTION 15 THE NORTHERLY LINE OF SAID LOT I,
BLOCK I, ASSUMED TO BEAR N89'52' 4J"W A DISTANCE OF 1458 .29 f"EET ;
BEGINNING AT A POINT WHICH BEARS S89'J4'J5"E A DISTANCE OF 1244 ,86 FEET
FROM THE NORTHWEST CORNER OF SAJO LOT 1, BLOCK I ;
THENC E S89'52'4J"E A DISTANCE OF 50.00 FEET TO THE POINT Of TERMINUS;
WHENCE THE NORTHEAST CORNER OF SAID LOT 1, BLOCK 1 BEARS N87'49'33"E A
OISTANCE OF 163 .58 FEET ;
THE CENTERLINE LEN GTH IS 50.0 FEET, MORE OR LESS .
I, THE UNDERSIGNED, A REGISTERE D LAND SURVEYOR IN THE STATE OF COLORADO,
DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY
SUPERVISION AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE .
REVISED: og/24/07
0~~~~
~St.1 JOef"NH
ACM ,U,Mla-bll CINLY-"I
DfllA\fllH r MS
~--------2,b-~~-' P.L.S. 3 11 58 ii/:fE
PRECISION SURVEY & MAPPING, INC .
•
•
•
•
•
•
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement (the Temporary Easement) is entered into this_ day of
_____ , 2007 by and between the City of Englewood, Colorado, a municipal co rporation
ot' the slate of Colorado, acting~ the through its Water and Sewer Board (Gramm') and __ _
Ci.'t,)[Sr ~RP~l/:n:,,1 (q14t.q;i (Grantee). ·
WHEREAS, The City of Englewood owns a right-of-way for the City Ditch, a carrier ditch (City
itch ROW) which is loca ted as described on Exhibit A.
WHEREAS, Q"'Efr de sires lo install a I lo/• 'Ft,1/~T,,. -Puc:r
,t;,,..,-,i,,,..,.,6 rttSM vi&<£. within the City Ditch ROW pursuant lo a license between the panics .
NOW, THEREFORE, In consideration of the mutual covenants of the panics, more
panicularly hereinafter se t fonh, the adequacy and sufficienc y of which are hereby
acknowledged, it is agree d as follows:
I . Temporary Construction Easement. Englewood (as Granlor) hereby grantn lo_
a>wes-r (as Grantee), its successors, assigns, contractors, and sub-
contractors, a non -excl usive temporary construction easement through, over,
under and across the City Dit ch ROW for the installation of a i"""'lfO.:. 'Paq-
~,,..,Ati /l/£t.;i, pursu ant to a li ce nse agreement (the Project).
2. Term of Easement. The Project will begin no sooner than ___ and will be
completed 110 Inter than _______ . Completion of the Project will be
deemed Lo have occurred upon inspection and approval of the Project by Granlor
and this Temporary Easement will be deemed to have terminated upon such
completion.
3. Access. Grantee shall have the temporary non -exc lusive right to enter the City
Ditch ROW for any reasonlble purpose necessary or prudent for the construction
of the Project subject to the following restrictions : I) normal working hours shall
be consistent with CDOTconslruction hours , Monday through Friday and 2) the
operation of equipment and heavy truck will be pennilted on the Englewood City
Ditch ROW only during normal working hours .
4 . Restoratjon . Upon completion of the Project, Grantee will perform such
restoration and regarding as is necessary or prudent to restore the surface area of
the City Ditch ROW to its original condition .
1100776934 .1 171 00-01609N2007 11 :47 AMI
5. lndemnificatjon . Grantee, to the extent permitted by the laws and constitution of
the Stale of Colorado, hereby agrees to be liable and hold harmless the City of
Englewood, ils employees, tenants, and guests from any and all claims, causes of
action, and liability which may occ ur as a resull of the negligent or wrongful acts
of Grantee in the construction of the Project, including the cost of defending
against such claims.
6. Liability. Grantee hereby acknowledges that ii understands that there is waler
now in !he City Ditch frcm April I to Novel'lber I of each year and Iha! it will
ass ume liability for any damage to adjoining propeny caused by waler now
resulting from damage to the City Ditch caused by the Grantee's con slru clion
activities.
7. Insurance. GranteP. shall maintain in full force and effect a valid policy of
insurance for the Project in the amount of $600,000.00 propcny co verage and
$600,000.00 liability coverage. Grantee funher agrees that all its employees,
contractors und sub-contractors working on the Project shall be covered by
adequate Workers Compensation insurance.
8. Assignment. Thi s Temporary Construction Easement is assignable only with the
written permission of Englewood, which permission will not unrea.onably
withheld, conditioned or delayed .
IN WITNESS WHEREOF, the parties hereto have executed this temporary construction
Easement on this date and day first written above .
In grunting the above authorization, the City reserves the right lo make full use of the prope11y
involved as may be necessary or convenient in !he operation of the water works plant and system
under control of the City .
IN WITNESS WHEREOF this instmmenl has heen executed as of the day and year first
above wtitten.
CITY OF ENGLEWOOD
By : _________ _
Chairman
Englewood Waler and Sewer Board
(to0'176934 .I 17100·0160 9'11200711 :•7 AMI
By : __________ _
Director of Utilities
City of EnglewQO<I
•
•
•
•
•
•
The und ers igned offi cer of a"''"[ Ct-1/P•MntPI has read th e foregoing Li cense and
.i grecs fo r an d on be half of suid ~t.:X.f, Ctm('01t1tmrl that .t
wi ll acc ept and will abi de by all th e lc1ms and condi ti ons thereof.
LI CENSEE:
Address: 91st, l. 4-srr,,.,.. t111£.
£,.,r,~u>~'l>I ~ ~II 'L
Phon e: ~~. 78'/. r,t.1f
tl007160l4.I 11100•0160 9/lll007 I t:A7 AM)
N,,; .. ,•· ~ MyCom:nissionExpire s f.).·.J./·01
1 ◊,.p ~CJ.'l\\w .
My Commission Expires :
~.1.£ N\.U\l\t JU-.c-,
. MapOutput
J
""
ARAPAHOi: COUNTY MAK WARRA,fTY AS TO 7HE
ACCURACY OF THIS MAP OR THE DATA THAT IT DISPLAYS. ARAPAHOE COUNTY
ASSUMES NO RESPONSIBILITY OR LIABILITY TO ANY USER. THIS MAP IS NOT A
•
LEGAL DOCUMENT. IT IS INTENDED 10 SERVE AS AN AID IN GRAPHIC
REPRESENTATION ONLY •
Pa·, I of I
• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
October 15, 2007 9 a ii Permit -City Ditch Crossing Agreement with
Q west on South Santa Fe Drive
Initiated By: I Staff Source:
Utilities Department Ste wart H . Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The En elewood Water and Sewer Board, at their October 9, 2007 meeting, recommended Council
approval of the Perm it -City Ditch Cr oss ing Agreement and Temporary Construction Easement for
Qwest on South Santa Fe Drive .
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
•
The Utilities Depa rtm ent receive d a Permit for Crossing the City Ditch and a Temporary
Construction Easement from Qwest for a telecommunications cable along Santa Fe. Qwest will be
crossing the City Ditch with a single 1-1 /4" plas t:c duct pipe containing fibe r cable in close
proximity to the existing telecommunications cable. The c rossing is at Lot 1, Block 1 at Wolhurst o n
the northwest corner of Santa Fe and C-470 in Littleton . The Temporary Construction Agreement
allows for construction of the encased cable to cross the City Ditch within the permit parameters .
The permit w ill allow the encased telecommunications cable to cross 16" to 24" beneath
Englewood's 46 " City Ditch pipe from Santa Fe Drive to the adjacent properties located west of
Santa Fe Drive. Englewood 's City Attorney and the Utilities Engineer have reviewed and approved
the Permit -City Ditch Crossing Agreement and Temporary License Agreement.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Bill for an Ordinance