HomeMy WebLinkAbout2006 Ordinance No. 001•
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ORDINANC E NO . j_
SERIES OF 2006
BY AUTHORI TY
CONTRACJ: NCI, ~5'-J.od, 9 b i
COUNCIL BILL NO . I
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE APPROVING A CITY DITCH LICENSE AGRE EMENT, GRANT
OF RIGHT-OF-WAY , GRANT OF TEMPORARY CONSTRUCTION EASEMENT
AND AGREEMENT FOR CONSTRUCTION WITHIN AND EXCH ANGE OF CITY
DITCH RIGHT-OF-WAY TO REALIGN THE CITY DITCH BETWEE N THE
CITY OF ENGLEWOOD , COLORADO , AND OWNERS BRAY AND ROTBERG .
WHEREAS, the Brays arc ow ners with Rotbcrgs of real pro pe rty at 2890 S.
Cl ark son , Englewu od, Colorado ; and
WHEREAS , the Brays arc remodeling their propert y located at 2890 S.
Clarkson and requested a temporary construction agreem ent to install a retaining wall
and fence within the City Ditch right-of-wa y; and
WHEREAS , at the conclusi on of cons tn 1ction of the fence and retaining wall,
the owners agree to a relocation of the City r , right-of-way in the con struction
area and a clarification of the City Di'.cb ,f-way ucross the entire property at
2890 S. Clarkson ; and
WHERE AS, the City res erves the right to make full use of the property
nece ss ary in the operation of the City Ditch ; and
WHEREAS, the City retains all rights to operate , maintain , install, repair,
rem ove or relocate any of its facilitie s lo cated within the City's Right-of-Way; and
WHEREAS , the Englew ood Water and Sewer Board rec o,nmendcd Coun cil
approval by Ordinanc e of the License Agreement, Temporary Construction
Agreement, and Exch t.nge of Right-of-way across owners propc"ly at 2890 S.
Clarkson at their December I 3, 2005 meeting ; and
NOW , THEREFORE , BE IT ORDA:NED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, THAT :
~-The City Council for the City of Englew ood, Col orado , hereby
app ro ves th e Lice nse Agreement , Temporary Con struction Easement and an
agreement to ex change right-of-way between the City of Englewood and Di ana and
Leigh Bray and Eugene and Iris Rotberg for realigning City Ditch with a retaining wall
on one side and ex change of rights-of-way between the owners and the City of
Engl ewood , as shown in Attachments ; through 4.
~ The Chairman of the Englewood Water and Sewer Board and Director
o f Utilities arc hereby authori zed to sign said License Agreement and Temporary
Construction Agre ement and the Mayor is authorized to sign the exchange of right-
of-w ay agreement s on said property .
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~-Pursuant to Article V, Section 40, of the Englewood Home Ruic
Charter, the City Council has determined that this Ordinance shall be published
without exhibits because of its size . A copy of those exhibits are available in the
Office of the Englewood City Clerk .
Introduced , read in full, and pas sed on first reading on the 9th day of January 2006 .
Publi shed as a Bill for an Ordin ance on the 13" day of January, 2006.
Read by title and pas sed on fina l reading 011 the 6th day of February , 2006 .
Published by title as Ordinance No. J_, Series of 2006 , on the I 0th day of Feb ruary, 2006 .
I, Loucrishia A. Ellis , City Clerk of the City of Englewood , Colorado, hereby
ce rti fy that the above and fo regoing is a true eo pf of the Ord· cc passed on final
read,ng and published by 111le as Ordinance No . .J__, Series l 6.
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CITY DITCH LICENSE AGREEMENT
TIIIS LICENSE AGREEMENT, made and entered into as of this _____ day of
______ 200_, by and between the CITY OF ENGLEWOOD, a municipal
corporllion of the State of Colorado , herein referred to as "City", and DlANA AND LEIGH
BRAY, whose address is 2890 South Clarkso ; Englewood, Colorado 80113 ; and EUGENE
and llUS ROTBERG, whose address is ______________ herein
n,ferred to as "Licensee",
WTI'NESSETH : The City without any warranty of its title or inten:st whatsoever, hereby
authorizes Licensee, its successor, assign.,, to install and maintain a concrete n:taining wall
with footer and fence over the City 's Right-of-Way for the City Ditch, d.:scribetl as a parc•l
of land situated in the NW 1/4 of Section 35 , Township 4, South Range 68, West of the 6''
P .M., County of Arapahoe, State of Colorado described as follows :
WHEREAS , the City Ditch crosses the property with a :Wenty-five foot (25 ') Rigbt-of-
Way owned by the "Owners", as noted above, and is descn'bed as :
The South 264 feet of the W 1/2 of the SW 1/4 of the NW
1/4 of the NW 1/4 of Section 35, Township 4 South, Range
68 West, except the West 30 feet dedicated for roadway,
County of Arapahoe State of Colorado .
when: it crosses the property known as :
2890 South Clarkson
Englewood, Colorado 80113
Arapahoe i:ounty, Colorado .
The above-descn'bed parcel contains 79 ,410 square feet, more or less .
I. Aoy construction contemplated or performed uoder this License shall com ply with and
conform to standards formulated by the Director of Utilities of the City and such
construction shall be performed and comp leted according to the plans, a copy of which
is attached hereto and made a part hereof. [See Exhibits A, B and CJ
2. The Licensee sball notify the City's Director of Utilities at least three (3) days prior to
the time of commencement of the construction of, or any repairs made to, Licensee 's
retaining wall and fence so that the City may, in its discretion, inspect such operations .
3. The City shall have the right to maintain, install, repair, remove or relocate the City
Ditch or any other of its facilities or installations within the City's right-of-way, at any
time and in such manner as the City deems necessary or convenient. The City reserves
the exclus ive right to control all t asements and installations . In the event the wall and
fence should interfere with the City's future use of the Right-of-Way, the Licensee
shall, upon request and at its sole expense, relocate , rearrange , or remove its
installations so as not to interfere with any such use .
4. Aoy repair or replacement of any City ins ta llation made necessary, in the opinion of
the City 's Director of Utilities because of the construction of the wall or other
appurtenant installation thereof, shall be made at the sole expense of the Licensee ,
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5. The stipulation and conditio ns of this LicCDSe shall be incorporated into c,inrract
specifications if the construction herein authorized ii to be done on a contract ha.sia .
6. The rights and privilese, aranted in this License shall be subject to prior qreem:nts,
licenses and/or pants, recorded or unrecorded, and it shall be the Licensee's 1<>le
responsibility to determine the existence of said documents or conflicting uses or
installations.
7. The LicCDSee shall contact and fully coopento with the. City's penonnel and the
construction shall be completed without interference with any lawful, USIIII or ordinary
flow of water through the City Ditch. LicCDSee shall a.ssume all risks incident to the
possible presence of such watcn, or of storm waten, or of surface waten in the City
Ditch .
8. All trenches or holes within the City 's rights-of-way shall be backfilled and tamped to
the original ground line in layers not to exceed six (6) inches loose mca.sure to a
compaction of ninety percent (90%) Standard Proctor Maximum Density.
9. Licensee, by acceptance of thia License, expressly assumes full and strict liability for
any und all damqes of ever; nature to person or property caused by water froLI the
ditch leaking through the chtch banks at the point or points where the LicCDSee
performs any work in connection with the installation provided by this License . The
Licensee assumes all responsibility for maintenance of the installation .
10. Licensee shall indemnify and save harmless the City, its officers and emplo yees, against
any and all claims, damages, actions or causes of action and expenses to which it or
they may be subjected by rea.son of said wall and fcucc being within and across and under
the premises of the City or by rea.son of any work dr.ne ~r omission made by Licensee,
its agents or employees , in connection with the construoti~n, replacement,
maintenance or repair of said installation .
11. It ii expressly agreed that in case of Licensee 's breach of any of the within promises,
the City may , at its option, have specific performance thereof, or sue for damages
resulting from such breach .
12. U;;,on abandonment of any right or privilege herein aranted, the risht of Licensee to
that extent shall terminate, but its obligation to indemnify and save harmless the City,
its officcn and employees, shall not terminate in any event.
In panting the above authorization, the City reserves the right to mak~ full use of the
property involved u may be nece.sary or convenient in the operation of the City Ditch
system under the control of the City.
IN WITNESS WHEREOF, this instrument ha.s been executed as of Ille day and year first
above written .
ATTEST :
Loucriahia A. Ellis , City Clerk
z
CITY OF ENGLEWOOD
By_...,..,___,,,..,..,,----,-,----
Olga Wolosyn, Mayor
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• The undeniped llllborized Ownm oC 2890 South Clarkson Street, Englewood, Colorado
80113 bas read the Con:aoin1 License and agrees thal they will accept and will abide by all the
terms and conditions thereof.
LICENSEES :
STATEOF~)
Diana Bray, Owner
M""" )ss.
COUNTY OF ;==--) ~Awl
The fon:going instrument wu acknowledged beCon: me this '2J2' <hy oC ~/,ey'
200S, by Diana Bray u Owner of 2890 South Clarbon, Englewood, Colorado 80113 and
Property .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
-· S1,aama1-llqiallmlllla: Sqmbcr9,l009
My commission expires: ______ _
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~ATE OF~) J:if ,.ft8
Mb!.'/ )ss. .
COUNTY OF yr:-: . )
The foregoing instrument was aclcnowlcdgcd before me this ~ day of r'/-~
200S, by Lciab Bray u Owner of 2890 South Clarkson, Englewood, Colora!oa0113 and
Property. ·
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and yeu first above written,
,,_,_, SllmaRamii
.......... lllro:Sq,b:m!,,,9,2009
My commission expires : _____ _
STATEOF~•
~/ )ss .
COUNTY OF~ )
The foregoing instrument was aclcnowled 9rd before me this .l1!J day of IJ:r;ti,,W
200S, by Eugene Rotberg as Owner of2890 1c,,w Clarkson, Englewood, Colorado 80113 and
Property.
IN WITNESS WHEREOF, I have hci-,,unto set my hand and affixed my official seal the
day and yeu first above written • .........
My commission expire~"' lllll: Sq,l,mb,r9, llll9
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NO ARY PUBLIC
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STATEO~
~'/ . )ss.
COUNTY OF----) L
lbe foiqoin11 instrument was acknowledaed befono me this 1?}day of i1:tmtJr
2005, by Iris Rotberg u Owner of2890 South Clarlcson, Englewood, Colorado 80113 and
Property.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year lint above written.
..... SlaatRam
l!qiadm Ill= Scp,mb,r 9, 2009
My commission expim: _____ _
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November 2, 2005
Leigh aJKi Dianna Bray
2890 South Clarlcson Street
Englewood, CO 80 I I 0
I\\~
4704 Harian Street, #330
Denver, CO 80212
(303) 423-8982
Fax (303) 423-0067
Subject: Fence being built on top of a concrete retaining wall along a water channel at 2890
South Clarkson Street, Englewood, CO . (Engineer's job reference Nwnber 3988 .)
Dear Mr. and Mrs. Bray:
On October 12. 2005, I received fucsimile copies of drawings for a fence you are
proposing to build on top of the retaining wall referenced abo ve. This retaining wall was
designed and detailed in the otiginal drawings prepared for your remodel project
The fence will be six feet tall and will be finished so that wind will not pass through the
fence . Therefore, the addition of the fence on top of the retaining wall _will cause extra lateral
force at the top of the retaining wall. We have analyzed the wall with the extra force from the
fence and have determined the wall will provide the desired support both venic:illy and laterall y.
Please feel free to c~ .. c.act me if you have any questions or concerns .
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Augu1t 29, 2005
City of Inglewood
Public Worb Department
1000 Englawood Parkway
Englewood , CO 80110
Attention:
Subject
Reference :
BIii McCormMck, PE
Bray Property
City of Englewood Outfall Systems Plann ing Preliminary Des ign
Report, by Turner Come & Braden Inc .. dated September 1999.
Dear Mr . McCormack,
ftBGC
Nini ......,._ C111911ff, LUI ----·--·-
The p11rpose of his letter is to provide drainage calculations and de~lgn for irrlgaUon ditch
lmprovam •,nts where they apply and impact the Bray property. The Bray property is an
approximately 1.8 acre property localed in the NW¼ of Section 35, T.4S, R.88Wof lhe P.M .. City
of Englewood , State of Colorado . II is bounded by East Bates Avenue on the south , resider•Ual
properdea on Iha north, an alley on the east and South Clarkson Street on the west An exisUng
Irrigation ditch flows through the property from the southwest comer to the northeast comer.
A pordon of the alignment of the irrlgabon ditch that is located within lhe Bray property wilt be
modified by the City of Englewood along with a pardon of the adjacent East Bates Avenue
roadway. Upon the realignment of the ditch pardon and Iha roadway improvements , Iha Brays
will construct a private fence/wall with a gate along the south property line between Iha newly
aligned ditch and Iha north edge of East Bates Avenue. This fence/wall will be constructed In a
manner where storm drainage from a sub-basin located just south of the property will be able to
conUnue to have access to the irrl!)atton ditch . The access gate wiU have openings at the base so
that the storm runoff flowing north across East Bates Avenue will not be impeded or changed .
Per Iha referenced drainage study, Iha Bray oroperty is located in Basin No . 18, which Is ·
comprised of 32.7 acres . For design pu ~ds, this basin ~,as been determined to be 40%
impervious and of B/C soil type. The following drainage calculations have been prepared in
conformance with Iha City of Englewood and County of Denver Drairw.,e Design and 7achnicai
Criteria and lhe UD&FCD Urban Sbirm Drainage Criteria .Janual.
DRAINf.GE CALCULATIONS !DESIGN POINT 1)
Total Site Area • 700 feet x 350 feet• 245,00 s.f. (5.62 acres)
Sile Imperviousness (From Referenced Report) a 40o/, c"" (Typa B/C Soil) =·0.54
Tc• 10 min ., t,00 = 6.97 inches/hour
a,oo = C,oolA = 0.54 x 6.97 inches/hour x 5.62 acres = 21 .2 cfs
C
CALCULATION fOB GATE OPENING
W1dlh of Gata Opening • 12 feet
Height of Opening Undw Gata • 8 inches
Ara (A) • 8.1 1.f ..
Calculallld Flow through Opening • 22 .00 di
In summary, the gala w"I be localad at the low point of the Eat Batas Avenue croulng end will lndude a
opening below the gal doors that rnusut9I 12 fNt by 8 inchea. Refer to Drawing 1 -Drainage Plan
end Drawing 2 -Sita Plan for dnlinlge buln end Illa dulgn Information.
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DRAINAGE MAP
1'"200't
DRAINAGE LEGEND
BASINl>MA~ (ACRES) X.X BASIN 1.0.
X XXX
C,
-.iwi • C,oo ---1 DRAINAGE Pl.AN --• 811.AYPftOnRTY :=.:.-: !NGUM)OO. COlOMOO
,IIMM.,_ ,._.AMD,mLINHMDOltM4MAY
& DESIGN POINT
-DRAINAGE FLOW ARROW
• • • • • • BASIN BOUNDARY
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J08 NO.: 05C022.A
DATE:-
IHIAWN:<MV ---1
WorbhNt
WorbhNt for Sharp Cl'N1ad Racfa!"gular Weir
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22.00 ell
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--· LIP ~ 2.73111
--13.311 Top_, 12.0I a
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ORAPHIC SCALE ,. ..
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BATES AVENUE
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DICORADYI IATI AND WALL ALONG BATIS AYINUI <AT IAST PROPERTY UN!>
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NOTE:
PROPOSED WALL SHOWN ON PlAN IS
SCHEMATIC ONLY . REFER TO ARCHITECTURAL
PLANS FOR DESIGN SPECIFICS.
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• GRANT OF RJGHT OF w AY
nns GRANT OF RJGHT OF WAY, made this -day of-=-=-=:==---,-,---:--
------~ 2005 , by and between the CITY OF ENGLEWOOD, a municipal
corporation of the State of Colorado, (Englewood), and LEIGH and DIANA BRAY whose
address is 2890 South Clarkson Street, Englewood, Colorado 80113 ; and EUGENE and IRlS
ROTBERG whose address is _______________ .herein referred
to as "Grantees".
For ten dollan ($10 .00) and other valuable consideration, the receipt and sufficiency of
which is hereby acknowledges , The undersigned
do hereby grant unto the City of Englewood, Colorado its successors and assigns, a twenty-
five foot (25 ') wide Right-of-Way to the repair, maintain and fore ver use its City Ditch,
over and through the property described as :
The South 264 feet of the W 1/2 of the SW 1/4 of the NW
1/4 of the NW 1/4 of Section 35, Township 4 South, Range
68 West, except the West 30 feet dedicated for roadway,
County of Arapahoe State of Colorado .
With the street address of:
2890 South Clarkson
Englewood, Colorado 80113
Arapahoe County , Colorado .
Where said City Ditch shall lie and ac generally shown on the attached Exhibit A.
IN WITNESS WHEREOF, the parties hereto bave executed this Grant Rigl:t of Way the day
and year first above written.
ATTEST :
Loucrishia A. Ellis, City Clerk
GRANTEE :
CITY OF ENGLEWOOD , COLORADO
a municipal corporation
Olga Wolosyn, Mayor
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STATE OF )
lA Jss.
GRANTORS:
COUNTY OF "fru(/ ) ~~ ~~ instrument was acknowledged before me this JJ...'l.y of ~~~~~~~--'' 20~by Diana Bray . ·
IN Wl1NESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year lint above written.
. . . oxpinli~;;-.9,a.,,p
My COlllllllSSIOD exprrcs: -------
Le¥ray,?~ ~·
STATEOF;;.__ )
J ,I.. )ss .
COUNTY OF 7 '#(/ )
~~~trumcnt ~u acknowledged before me this 1& day of
""~'-"'_,.....,..&~-=--' 200~y Leigh Bray .
IN Wl1NESS WHEREOF, I have hereunto set my band and affixed my official seal the
day and year frrst above written. ::: ~:)
My commission expires~m::-s=.,,l009~4~ -
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SEE ATTACH){ENTS TO CITY DITCH LICENSE AGREEMENT
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GRANT OF TEMPORARY CONSTRUCTION EASEMENT
TiilS TEMPORARY CONSTRUCTION EASEMENT (the Tempora,y Ensement) is
entered into this __ day of:---,--::--:----' 200_. by and be1ween the CITY
OF ENGLEWOOD, a municipal corporation of the ~tale of Colorado, acting by and through
its Water and Sewer Board (Granter) and DIANA AND LEIGH BRAY and EUC::ENE AND
IRIS ROTBERG , the owners of 2890 South Clarkson, Englewood, Colorado (Gra.1tees),
WHEREAS , the City of Englewood owos a Right-of-Way for the City Ditch, an imgation
and carrier ditch (City Ditch Right-of-Way), which is located as generally described on
Exhibit A.
WHEREAS, Grantee desires to install a retaining wall and fence within the City Ditch
Ri ght-of-Way pursuant to a plan described in Exhibit B.
NOW THEREFORE , in cons ideration of the mutual covenants of the parties ,
more particularly hereinafter set fonb, the adequacy and sufficiency of which are hereby
acl· , ·wledged, it is agreed as follows :
I. Temporary Con struction Easement Englewood (as Gr utor) hereby grants to
Diana and Leigh Bray and Eugene and Iris Rotberg (Grantees), its successors , assigns ,
contractors , and sub-contractors, a non.exclusive temporary construction easement through,
over, under and across the City Ditch Right-of-Way for the installation of a retaining wall
and fence pursuant to Exhibits A and B. [the Project]
2. Tenn of Easement The Project will begin no sooner than 11/1/2005 and will be
completed no later than 3/31 /2006 . Completion of the Project will be deemed to have
occurred upon inspection and approval of the Proj ect by Granter and this Temporary
Easement will be deemed to have tenninated upon such completion . ·
3. ~-Grantee shall have the temporary non-exclusi ve right to enter the City
Ditch Right-of-Way for any reasonable purpose necessary or prudent for the construction of
the Project subject to the following restrictions : 1) normal working hours shall be cons istent
with COOT construction hours, Monday through Friday and 2) the operation of equipment
and heavy trucks will be pcnnitted on the Englewood City Ditch Right-of-Way only during
normal working hours .
4. ~-Upon completion of the Project , Grantee will perform such
restoration and regrading as is necessary or prudent to restore the surface area of the City
Ditch Right-of-Way to its original condition .
5. Indemn jfication. Grantee, to the extent permitted by the laws and Constitution of
the State of Colorado , hereby agrees to be liable and hold harmless the City of Englewood, its
employees, tenants , and guests from any and all claims, causes of action , and liability which
may occur as a result of the ne ligeot or wrongful acts of Grantee in the construction of the
Projec~ including the cost of de coding against such claims .
6. LiA!illilx , Grantee hereby acknowledges that it understands that there is water flow
in the City Ditch from April I to November 1 of each year as well as storm water flow at any
time and that it will assume liability for any damage to adjoining property caused by water
flow resulting from damage to the city Ditch caused by the Grantee 's construction activities .
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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 coveraae and $600,000 .00
liability coveraac. Grantee funber •are~ t'iat all ill employeca, contractora and sub-
contractors workin& on the Project shall be covered by adequate Workers Compensation
insurance.
8. AJsjmment This Temporary Construction Easement ii usignablc only with the
written permission of the City of Englewood, Colorado, which permission will not
unreasonably withheld, conditinTT.cd or delayed.
9 . .Limill!iml. In granting the above authorization, the City ,csorves the right to
make full use of the property involved u may be necessary or conven• !DI in the operation of
the City Ditch system under control of the City.
IN WITNESS WHEREOF, this instrument bas bo en , • coted as of the day
and year above written.
CITY OF ENGLEWOOD, COLORADO
By : __________ _
Stewart H . Fonda, Director of Utilities
By:----------
Chairman
Englewood Water and Sewer Board
OWNERS :
J)itwA.~ ~m: Diana Bray, Ownerd
STATE OF~ )
lb: 1/ )ss.
COUNTY OF "'r"lf, ) t'/
The foregoing instrument wu acknowledged before me this ~ day of {)t;t:rl,,J,r;,'
200S , by Diana Bray as Owner of 2890 South Clarkson, Englewood, Colorado 80113 and
Property .
IN WITNESS WHEREOF, I have hereunto set my band and affixed my official seal the
day and year rust above written .
SlmiaRam
l!zpnlim 0. Sq,cmb,r9, 11119
My commission expires: ______ _
2
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_-JI-_; . 4i>. ~.
~II Le1ghB;;;~
COUNTY OF )
STATE -~ ~ lss.
The fore1oin ent wu acknowlcd1ed before me thlJJ,1_ day of '/):{(:NIN"
200S , by Leigh Bray u Owner of2890 South Clarkson, EnJlewOOI ~ ·•ot~rado 80113 and
Property.
IN WITNESS WHEREOF, I have hereunto set my hand and affi xed my official seal the
day and year fint above written . .........
l!qiadmDlfl: Sq,1,mi,a,~zm My commission expires: ______ _
-. ~-STATJ OF .
COUNTY 0 w
The fore1oing instrument wu acknowledged 1-efore me thiJ "11 day of ~
200S, by Euge11e Rotberg u Owner of 2890 SoHtl. Clarkson, EnJlewood., Colorado 80113 and
Property.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
,lay and year first above written . .......
l!iqiadcalli,: Sq,lam9,Jm
My commission expires : ______ _
3
STATBOF~-)
)ss .
COUNTY OF )
L·c. t~~
' Iris Rotberg, Own.;
The foregoin was aclcnowleuged befon, me chis ~Y of ~
200S , by Iria Rotbcrg as Owner of 2890 South Clarkson, Englewooo, Colorado 80113 and
Property .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fint above written . ........
llqiallmlllfll: !q,l,ml,,r9,l!Xl9
My commiss ion expires:
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SEE ATTACIOIENTS TO CITY DITCH LICENSE AGREEMENT
AGREEMENT FOR CQNSTRUCJJON W!THJN A1'ill
EXCHANGE QF crry DITCH RIGHT-OF-WAY
TIDS AGREEMENT FOR CONSTRUC'tION WITHlN AND EXCHANGE OF CITY
DITCH RIGHT-OF-WAY ii cmlffld into this_ day of-,--,-.,_.~ 200_ by 111d
between die CITY OF ENGLEWOOD, a municipal corporation of die State of Colorado,
herein :eferred 10 u "City", and LEIGH 111d DIANA BRAY whose addnsa ii 2890 SOUlh
Cwbon Stn,et, Englewood, Colorado 80113; 111d EUGENE and IRIS ROTBER.G whose
address is -::---------------------herein refcm:d
to u "Owners".
WHEREAS, die City owns and maintains III irrigation ditch known u die City Ditcb with
usocialed Riibt-of-Way twenty-live feet (25') in width, with all the rights and privileges ·
wocialed there 10.
WHEREAS, this Ditch wu acquired bu been in continual use and operation during 111d
pnor 10 1860.
WHEREAS, die City Ditch crossu the property owned by the "Owners", u noted above,
and is descn1>ccl u :
The South 264 feet of the W 1/2 of the SW 1/4 of the NW
1/4 of the NW 1/4 of Section 35, Township 4 Soi.th, Range
68 West, except the West 30 feet dedicated for roadway,
County of Arapahoe State of Colorado .
With the street address of:
2890 South Clarkson
Englewood, ColoraJo 80113
Arapahoe County, Colorado .
WHEREAS, die City, u Owner of the Duch bu a right to maintain said Ditch in a
1D11111er, which reflects the best interest of the City , This maintenlllce may include piping
die Ditch or leaving the Ditch as an open irrigation Ditch so long u the rights of the
custo1111.· s are not harmed.
WHEREAS, the Owners 'Vint, 111d have requested that the City Ditch rel'l&in open 111d
unpipcd where it crosses their property .
WHEREAS, the unpipcd City Ditch bas traditionally carried storm water flows from the
area of die Bates Avenue Right-of-Way .
WHEREAS, the City and the Owners acknowledge that them are erosion and storm water
flow problems with the Ditch at this location, and the Owners wish to relocate approximately
one hundred and seventy feet (170') of the existing Ditch consistent with the plans shown on
Exhibit A. ·
THEREFORE, for murual consideration, lhe sufficiency of wbich is acknowledged, lhe
parties agree u follows :
I. The Ovroen will be granted a License to construct a retaining wall, with footer,
and fence alon1 and within lhe City Di1ch Ri&ht-of-Way consistent with tho
profesr '~nal engineer approved plans attached as Exhibits A and B (consisting of
twelve , 12) pa1es, along lhe South Line of lheir property at 2890 South
Clarkson,
2. Said retaining wall and fence shall not be altered during con.lnlction or at any
time thereafter in a manner which sub: :anrially modifies lhe physical City Ditch
or lhe storm water flow design shown in Exhibit C (consi s1ing of five (5) pages),
wilhout lhe express written aulhorization of lhe City .
3. Upon completion of lhe construction described Jbove and approval by lhe City,
lhe Owners shall cause a survey to be made and shall prov ide lhe City a rendering
with meets and bounds or other acceplable legal descriplion along with a~
Right-of-Way for lhe twenty-five foot (25') City Ditch Right-of-Way as it shall
lie across the Owners property after lhe construction of lhe retaining wall and
fence . Said Right-of-Way shall ruo along the South Property Line as generally
shown on attached Exbibil A
4 . Upon receipt of an acceplable Granl of Right-of-Way, the City will qui t cla im
any other rights 10 lhe City Ditch Right-of-Way inconsislent with lhe gr•nt
described in Paragraph 3, and shall back fi ll the Right-of-Way Soulh oflhe subject
fence.
5. Because lhe Owners des ire and plan 10 construct a fence around lhe enlire
property which will block the City 's access necessary 10 main1ain 1he C'ty Ditch,
lhe Owners will execute an access agreement acknowledging lhe City 's right to
access the City Ditch Right-of-Way for City Di1ch operation and mainletancc
and for storn flow operation and inspection. This acc ess agreement may specify
the access roule preferred by lhe Owners.
IN WITNESS WHERE OF Ibis inslTUmcnt has been execu1ed as of lhe day and year abo ve
written .
CITY OF ENGLEWOOD, COLORADO
S1ewart H. Fonda , Direc lor
. z.
CITY OF ENGLEWOOD
ac1ing lhrough and by its
Woler and Sewer Board
By __________ _
Chairman
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OWNERS
Oi111& Bray, Own~~~
STATE OF~-:')
~ )11.
COUNTY OF ~ ) . r/
~=~ insuumcnt wu acknowledged before me this ~ day of ~ ~ , 2oog,,y Oia,.ia Bray .
IN WITNESS WHEREOF, I have hereunto set my band and affixed m~ the
day 111d year 6nt above written. B)
. . . PJriaiimsi:'S:9,m c::;;'?INOT?Y PUBLIC --.J My collllll1Ss1on expires : ______ ,.,_
-3-
~~~
C
~_.•·~OTl,lf;'•, .. ,-~ \
i .... j I
\ Pueuc / I . . ~
:!>.:t~·ciF·i-iP-~~~"'
~"11111111"'1
~ &Aud )55
COUNTY OF~ ) . ~
~e fore~ instrument ~as acknowledged before me this ~ day of
12t!~ . 20~ by Eugene Rotberg .
IN WITNESS WHEREOF. I have hereunto set my band and affixed my official sco.l the
day and year first above written .
l!qinli<11~--
My commission expires : Sepi,mb,,9, 2009
IN WITNESS WHEREOF. I have hereunto set my band and affixed my offi .
day and year first above written.
SlmaaRmma
F.ipalia,DIIO: Scplzmb,r9. 2009
My commission expires : ______ _
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SEE ATTAC~ENTS TO CITY DITCH LICENSE AGREEM ~NT
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COUNCIL COMMUNICATION
Dale : Agenda Item : Subject :
Janu ary 9, 2006 9 a i Lic ens e Agreemen ts for Co nstr ·.1c li on on
Ci ty Ditch at 2890 Sou th Clarkson
Initiat ed By: I Slaff Sourc e:
Uliliti es D epa rtm ent Stewa rt H. Fonda, Direc tor of Uti lit ies
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On Nove mber 17, 2003 Coun cil approved a Li cense Agreemen t and Tempora,y Constru cti on
agreem ent fo r M r. and M rs. Leigh Bray at ~890 South Clarkson . The p roject was th e initial pha se of
remodeling thei r home and revisi ng th e portion of the res idence th at encroaches w ithin the City
Ditch ease m ent.
RECOMMENDED ACTION
At th eir D ece mber 13, 2005 m ee ti ng, th e Englewood Water an d Sewer Board recom mend ed
Counci l approva l of a Bill for an Ordina nce appro vin g four va rious agreemen ts wi th Mr. ,rnd Mrs .
Leigh Bra y for th e seco nd phase of th eir remodeli,•i proj ec t. Th e projec t w ill include co nstru ctio n
of a retaini ng wa ll/fence, Gra nt o f Righ t-o f-Way, Grant ofTempora ry Constructi on Easemen t and
Ci ty Ditch Lic ense agreemen t. Th ese new agreements w ill reloca te th e Cit y Ditch away fr om Eas t
Ba tes Avenu e w here th e dit ch is eroding th e dit ch ban k.
BACKGROUND, ANALYS IS, AND ALTERNATIVES IDENTIFIED
Mr. and Mrs . Br,1 y submitt ed License ag ree men ts and Gran t of Ri ght-of-Way to re loca le and
co nstru ct th e retaining wa ll/fence in an are a where dit ch eros ion has c.i use d th e Lfit ch ba nk to
encroac h in to Eas t Ba tes Aven ue. These agree ment s wi ll all ow th e di tch to be reloca ted and a
retai ning wall to be co nstru cte d th at will preve .11 futur e erosio n fr om occ ur ring .
Englewoo d will maint .i in a Right -of-Wa y an d th e rig ht to imta ll , repa irs, removes or re loca tes th e
Cit y Dit ch at ,1ny lime neccss .iry . Th e Cons tr uction agree m nt will all ow th e Bray's to co nstru e! a
retai ning wa ll ,1 11d fence in an ;irea th at w,1s previo usly th e Cit y Di tch so uth ern bo und ary.
The Li ce nsee e)(pr ess ly assumes fu ll and s11ic.:t li ab ilit y for any .md all d,1magcs of every natur e to
pe;so n or property ca use d by th e poin t or po int s where th e Li ce nsee perfor ms <my wo:·k in
co nn ec ti on with th ese ag ree ments . Th e City rese rves th e ri ght to make full use of th e prop erty
nec essary in th e ope rati on of th e ci ty Ditth, including th e co nveya nce of stor mwate r run off .
FINANCIAL IMPACT
N one.
LIST OF ATTACHMENTS
Bill fo r an O rdin ance
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