HomeMy WebLinkAbout2006 Ordinance No. 045•
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CONTRACT. NO, ~S--~a.,I,
"" 9 b ii
ORDINANCE NO . .£.
SERIES OF 2006
BY AUTHORITY
COUNCIL BILL NO . 48
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF TWO PERPETUAL CITY
DITCH EASEMENTS AND RELEASE OF NOTICES ALONG THE CITY DITCH
RIGHT-OF-WAY LOCATED l ,T 3034 SOUTH SHERMAN AND 3066 SOUTH
SHERMAN .
WHEREAS, the Owner, Lyn<~te Saunders, of 3034 South Sherman ,ubmitted a "Grant
of Easement and Release of Not ice" clarifying the City Ditch Easement that runs
diagonally cast to west spanning this property; and
WHEREAS , the Owner, Loui ; Bruno, of3066 South Sherman submitted a "Grant of
Easement and Release of N,:tice" clarifying the City Ditch Easement that runs diagonally
cast to west spanning this property ; and
WHEREAS, these "Grant of ,,asement and Release of Notice" will allow new
const ruct ion located at 30 66 South Sherman and clarify the minor encroachment of an
existing garage at 3034 South Sh ,,rman Street ; and
WHEREAS , the Englewo ,,d Water and Sewer Board reviewed and recommended
approval of both notices at their Jw1e 14, 2000 meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
~ The City Council of the City of Englewood, Colorado hereby authorizes the
acceptance of "Grant of Easement and Release of Notice" from Lynette Saunders, the owner
of 3034 South Sherman, for a City Ditch Easement and Release of Notices along the City
Ditch Right-of-Way, attached hereto as Attachment I.
Section 2. The City Council of the City of Englewood , Colorado hereby authorizes the
acceptru,ce of"Grant of Easement and Release of Notice" from Louis Bruno, the owner of
3066 South Sherman, for a City Ditch Easement and Release of Notices along the Ci ty Ditch
Right-of-Way, attached hereto as Attachment 2.
~-The Ci ty Manager is authorized to execute the "Grant of Easement and
Release of Notices" fo r and on behalf of the City of Englewood, Colorado.
Introduced , read in full, and passed on first reading on the 6th day of November, 2006 .
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Published as a Bill for an Ordinance on the 10th day of November, 2006 .
Read by title and passed on final reading on the 20th day of November, 2006 .
Published by title as Ordinance No . 'if, Series of 2006, on the 24th day of
November, 2006.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Cu lorado , hereby ccr1 ify
that the above and foregoing is a tru~ r,9PY of the Ordinanc e passed final reading and
published by title as Ordinance No.~. Series of 2006 .
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!.B.:~NT OF EASEMENT AND RELEASE OF NOTICE
THIS GRAN T OF EASEMENT AND RELEASE OF NOTICE (the "Grant") is made
this __ day of _____ , 2006 by LYNETTE L. SAUNDERS ("Grantor") whose
address is 5304 South Cimarron Road , Lillleton , Colorado 80123 , and the CITY OF
ENGLEWOOD, a Colorado home rule municipality ("Grantee") whose address is I 000
Englewood Parkway, Englewood, Colorado 801 I 0.
WHEREAS, a portion of an irrigation ditch commonly known as the "City Ditch" is
located on portions of certain real property owned by the Grantor which is more particularly
described on Exhibit "A", allached hereto and incorporated herein by this reference (the
"Grantor's Property"); and
WHEREAS, the Cit y Ditch was created by an instrument which may have been recorded
on or about May 10, 1876 in Book 82 at Page 477 of the records of the County of Arapahoe,
Territory of Colorado (the "Prior lnstrument") and is further evidenced by the Notice of Prior
Recording of Easement dated April 14, 1999 and recorded in the real property records of
Arapahoe County, Colorado on May 3, 1999 at Reception No . A907 J 966 (the "Notice of
Easement"); and
WHEREAS, in 2001 Grantee enclosed the City Ditch in pipe (the "City Ditch Pipe") and
requested Rocky Mountain Consultants, Jnc . to prepare a survey and legal description of the City
Ditch boundary lying within the Grantor's Property and within an adjacent parcel of real
property owned by another which is more particularly described on Exhibit "B" attached hereto
and incorporated herein by this reference (the "Adjacent Parcel"); and
WHEREAS, the legal description of the boundary of the City Ditch located on the
Grantor's Property and on the Adjacent Parcel as determined by such survey is described on
Exhibit "C", attached hereto and incorporated herein by this reference (the "Easement Property ");
and
WHEREAS, Grantor and Grantee wish to clarify the property boundaries of the City
Ditch as being coterminous with that portion of the Easement Property lying on Grantor 's
Property and to also further define their respective rights and obligations relating to the City
Ditch and that portion of the Easement Property lying on Grantor's Property; and
WHEREAS, the parties are also desirous of: (i) acknowledging that this Grant
supersedes and replaces those terms and provisions of the Prior Instrument, if any, which may be
in conflict with the provisions of this Grant ; and (i ') releasing and forever discharging the Notice
of Easement dated April 14, 1999 as a cloud on Grantor's title to Grantor's Property.
THEREFORE, the part i~s .ovenant and agre e as follows:
I. Grant of Easement. For mutual consideration, the sufficiency and receipt of
which is hereby acknowledged, Grantor hereby grants to Grantee , its successors and assigns, a
Snundcrs-gn:mt of eascmcn1-clcan-l 0-24-06-rrg
perpetual casement over, under, across and through that portion of the Easement Property located •
on Grantor's Property, all as is more particularly described on Exhibit "D" attached hereto and
incorporated herein by this reference (the "Grantor's Portion of the Easement Property"), for the
purpose of constructing, operating, maintaining , repairing, replacing, removing, improving and
enlarging the City Ditch.
2. Access. Grantee shall have the perpetual, nonexclusive right of ingress and egress
in, to, over, through, under and across Grantor 's Portion of the Easement Property for any
purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this
Grant.
3. Restoration. Grantee agrees that after any construction, maintenance, repair,
replacement, removal , improvement or enlargement, if any, of the City Ditch , or of the City
Ditch Pipe, Grantee shall restore the surface of Grantor's Portion of the Easement Property as
nearly as possible to the grade and condition existing immediately prior to said construction,
maintenance, repair, replacement, removal, improvement or enlargement, except as may be
necessary to accommodate the City Ditch Pipe located within Grantor's Portion of the Easement
Property . Grantee further agrees to replace any topsoil removed !Tom any cultivated or
agricultural areas on Grantor's Portion of the Easement Property and to remove any excess earth
resulting from sai d construction, maintenance, repair, replacement, removal, improvement or
enlargement, at Grantee's sole co st and expepse .
4. Maintenance. Grantee shall be responsible, at its so le cost and expense, for •
periodically mowing the grass on Grantor's Portion of the Easement Property.
5. No Improvements . Grantor covenants and agrees not to construct, erect , place or
plan any "Improvements", ss hereinafter defined, on Grantor 's Portion of the Easement Property
without obtaining the prior written consent of Grantee. "Improvements" shall mean any
structure, building , planting, trees, shrubbery, or garden other than a grass type lawn. Grantee
shall have the right to remove, without any liability to Grantee, any Improvements constructed,
erected, placed or planted on the Easement Property without Grantor having obtained the prior
written consent of Grantee. If such prior written consent is not obtained, Grantee shall not be
responsible for rep air or replacement of the Improvements if they are damaged during any
construction, maintenance, repair, replacement, removal, improvement or enlargement
performed by Grantee.
6. Subjacent and Lateral Support. Grantor covenants and agrees that Grantee shall
have the right of subjacent and lateral support for the City Ditch Pipe located on Grantor 's
Portion of the Easement Property to whatever extent is necessary or desirable for the full,
complete and undisturbed enjoyment of the rights granted to Grantee under this Grant to locate
the City Ditch Pipe on Grantor 's Portion of the Easement Property .
7. Rights of Grantor. Grantor reserves the full right to the undisturbed ownership,
use and occupancy of Grantor's Portion of the Easement Property insofar as said ownership, use
and occupancy is con sis tent with and docs not impair the rights granted to Grantee in this Grant. •
Saunders-grant of case ment-clean-10 -24-06-rrg
• 8. Abandonment . In the event Grantee shall abandon the rights granted to it under
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this Grant to operate and maintain both an irrigation ditch and storm water discharge structures,
then all rights, title and interest hereunder of Grantee shall cease and terminate , and Grantor shall
hold Grantor's Portion of the Easement Property, as the same may then be, free from the rights
of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned;
provided that Grantee shall have a reasonable period of time after said abandonment in which to
remove any or all of the City Ditch Pipe , storm water discharge structures and related
appurtenances from Grantor's Portion of the Easement Property . In the event that Grantor's
Portion of the Easement Property is abandoned by Grantee, Grantor shall als, have the right, at
its sole option, to require Grantee to remove or neutrali ze any improvements constructed in
Grantor's Portion of the Easement Property by Grantee .
9. Prior Instrument and Notice of Easement. Grantee , by this im•trument, does
hereby release the Notice of Easement dated April 14, 1999 and its effect on and with respe ct to
the Grantor's Property. Grantor and Grantee hereby acknowledge that the terms and prov isions
of this Grant supersede and replace the terms and provisions of the Prior Instrument, if any,
which may either be in conflict with or incons istent with the Prior Instrument; otherwise the
terms and provisions of the Prior Instrument shall be and remain in full force and effect as to the
Grantor's Property .
10 . Bindjng Effect. This Grant shall extend to an d be binding upon the heirs,
personal representatives , successors and assigns of the respecti ve i rtfes hereto. The terms ,
covenants, agreements and conditions in this Grant shall be construed as covenants running with
the land .
IN WITNESS WHEREOF, the ptirties hereto have executed this Grant of Easement and
Release of Notice on the day and year first above written .
GRANTEE:
CITY OF ENGLEWOOD, a Colorado
home rule municipality
By : __________ _
Saunders-grant of cascm eni.clcan -10-24..Q6.rrg
GRANTOR :
~~ ::::> _sr'-.J_,_J
Lytle L. Saunders
STATE OF COLORADO )
)u.
COUNTY OF ARAPAHOE )
On this __ day of ------,--• 2006, before me, a Notary Public,
personally appeared -::--,-----,--,---,--in his capacity as ________ of the
City of Englewood, a Colorado home rule municipality, to me known to be the person described
in and who executed the foregoing instrument, and acknowledged that he executed the same as
his free act and deed in the capacities stated, and as the free act and deed of the entities identified
above.
Witness my hand and seal of office.
My commission expires : ___ _
[SEAL]
Notary Public
STATE OF COLORADO )
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COUNTY OF ARAPAHOE ) •
On this ~ay of oe:iJJl;.e;t , 2006, before me, a Notary Public,
personally appeared Lynette Saunders, to me known to be the person described in and who
executed the foregoing instrument, and acknowledged that she executed the same as her free act
and deed in the capacities stated , and as the free act and deed of the entities identified above.
Witness my hand and seal of office .
[S
pires : Mci/0 ~~9.tJw Notary Public
Saundcrs-granl or casemcnt-clean-10-24-06-rrg
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EXHIBJTA
Legal Qescriptjon of the Grantor's Property .
Lot JS, except that portion lying north of the City Ditch and all of Lots 16, 17 and 18,
Block 6, Strayers Broadway Heights, according to the recorded plat thereof, County of Arapahoe,
State of Colorado .
Saundcrs•lf'l"1 or cucmeru-clcan -10-24-06-rr&
EXHIBITB
Legal Descrjptjon of the Adjacent Parcel.
Lots 13 and 14 and that part of Lot IS lying north of the City Ditch, Block 6, Strayers
Broadway Heights, according to the recorded plat thereof, County of Arapahoe , State of
Colorado .
Saundcrs•grant or cucmcnt-clean-1 \).2◄-06•rra
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• EXHIBITC
Legal Description of the Easement Property .
See attached legal description and des cription sketch .
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S11undcrs-gran1 or casement-clean -10-24-06-rr&
!JlOAt PMG'RO'IJOIJ.
, A P1roel orJ1nd loc11oc1 In T.oi, l ◄ lhron~h_l,7, !!Ioele 6.orB1n1Yor '1Bro1dwl)'Haf,Jiii Subdl;l~i~~:-,
• r111 nicord,d Jo ,Book Al II Pl,ie 01 In !he Office of the Ar,paho, Counl)' Cieri( end Recorder,-
.•. _,.locotod In lhe Soulhw,11 Quarter of the Northea11 Qu,nar of Sea!lon 3◄, To,.,,,,i,1p ◄ South, lun10
· r,8 Wes1 ofll,e Sixth Principal t.lori~l,n, C/lyofBnglowood, Counlyof Arapahoe, S111e o!polondo, huln1 mon: p11tlcul•rly da,cribed II follow,;
Co1nmcncinp1 U,o Sou1hw011 comer of .,;d Loi 17; Thanoc Norih 00•0◄•09 • Wo,1, 1 ~i,1,noo of I .J !> fo01, to th0Tn1c Polm ofBcslrmln~
1litl'klc DI01 1J iflt follow1n, ai,: (6) course,: .
I.) North 0(1"()1'09• Well, e di1t1nca of29 .J ◄r,~t ;
2,) r-!or1h 5'>•00'09" Eatt. a dla11nco or67.0J rce1';
.1 ,) lorth 71' ,'JO" Ba,t,, disllonca of7o,n feel; ◄,) Suwh n '140• &a:~ a di111nce of26.◄0 fe;:1;
5,) .-;., ... 1h 71 , tl'l0" Wc,1, a dlatancoof 59,(;f !eeti
6,) .•o•lih i ?'00'09' WOii,, ditlln= ,r7~.34 foe~ to the Truo P,olntor Beginning.
Saiu farcci/ contains J,◄59 square feet or 0.070 acres, mo~ or lcn.
T!\c Buf, nf Bcorinp rorthi, IU!Ycy i, the South Un,. of1hc Nonho■st Q1111terof Hid Section J ◄, be ing Norfh 8!>*23'◄7 " But, a d/Nnce of 1320.66 ('O;Ot,
__.!. ____________ , --···---.... __ ·-
Saundcrs-gmnl or cascmcnt •c lcan-10-24-06-rrg
DuW
Fora
Rock
3301 B. P
En1lawood,
(303) 741-6000
Date: jJ/er/,,o
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INT£H()Q) TO Dt:P1cr T>t[ ~TIAOi(O D[SCfillfln~.
ROCKY MOUNTAIN CQNSULTANTS, INC .
Saundcrs-granl of easemcni.clcan • I 0-24-06-rrg
.ALLE:-Y .
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EXHIBITD
Legal Description of Grantor's Portion of the Easement Property .
That portion of Lot IS , Block 6, Strayers Broadway Heights, according to the recorded
plat thereof, County of Arapahoe, State of Colorado, lying ten (10) feet north of the south
boundary of the Easement Property ; and
That portion of Lots 16 and 17 , Block 6, Strayers Broadway Heights , according to the
recorded plat thereof, County of Arapahoe , State of Colorado, lying within the Easement
Property .
The cross hatched portion of the description sketch attached as a part of this Exhib it D
depicts the Grantor's Portion of the Easement Property .
launders-grant or casc mcnt-c lcan-10-24 -06-rrg
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LOT 15
.ALLEY
S 'A YER'S B ADWAY H
BOOK A PAQE O'f
LOT 17
TEAcUNE · Bl.OCKB
s.
soun, SHERMAN STREET
lHIS EXHIBIT Pots NOT AU'RES[Hf •• ~ A..li40NUM£NT£0 -SL1R'ft''r. ,ns DM.r
INTENDED TO Dr.PICT THE .\TTAOifll DESCltlPTION. .
ROCKY MOUN,Tl\lfL CQNSUlTANT£, INC .
:.OJC11 •• 1,.,_":!!'\fo•.-Jl9(;:~.-:-.s111Ti,~1oi -" D\Ql-.~,-co· 11>1 i 1
Saunde rs -grant of cascmcnl -c lcan-10 -2 4-06-rrg
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(JOJ),10-aooo _1»._Q2~1u.:itoL.----:-····
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GRANT OF EASEMENT AND RELEASE OF NOTICE
THIS GRANT OF EASEMENT AND RELEASE OF NOTICE (the "Grant") is made
this __ day of October, 2006 by LOUIS L. BRUNO ("Grantor") whose address is 3034 S.
Sherman Street, Englewood, Colorado 80110, and the CITY OF ENGLE WOOD, a Colorado
home rule municipality ("Grantee") whose address is !000 Englewood !'arkway, Englewood,
Colorado 80110.
WHEREAS, a portion of an irrigation dit ch commonly known as the "City Ditch" is
located on portions of certain real property owned by the Grantor which is more particularly
described on Exhibit "A", attached hereto and incorpor.,ted herein by this reference (tl1e
"Grantor's Property"); and
WHEREAS, the City Ditch was created by an instrument whi ch may have been recorded
on or about May I 0, 1876 in Book 82 at Page 477 of the records of the County of Arapahoe,
Territory of Colorado (the "Prior Instrument") and is further evidenced by the Notice of Prior
Recording of Easement dated April 14, I 999 and recorded in the re;;( property records of
Arapahoe County, Colorado on May 3, 1999 at Reception No . A907l 966 (the "Notice of
Easement"); and
WHEREAS, in 2001 Grantee enclosed the City Di cl:! in pipe (the "City Ditch Pipe") and
requested Rocky Mountain Consultants, Inc. to p: er •,re n survey and legal description of the City
Ditch boundary lying within the Grantor's P•c"J>t:f ' "-ld within a:, adjacent parcel of real
property owned by another which is more particularly Je,cribed on Exhibit "B" attached hereto
and incorporated herein by this reference (the "Adjacent Parcel"); and
WHEREAS, the legal description of the boundary of tl1e City Ditc:h located on the
Grantor's Property and on the Adjacent Parcel as determined by such survey is described on
Exhibit "C", attached hereto and incorporated herein by this reference (the "Easement
Property"); and
WHEREAS, Granter and Grantee wish to clarify tl1e property boundaries of tl1e City
Ditch as being coterminous with that portion of the Easement Property lying on Grantor's
Properly and to also further define their respective rights and obligations relating to the City
Ditch and that portion of the Easement Property lying on Grantor's Property; and
WHEREAS, the parties are also desirous of: (i) acknowledging that this Grant
supersedes and replaces those terms and provisions of the Prior Instrument, if any, which may be
in conflict with the provi sions oftl1is Grant; and (ii) releasing and forever discharging the Notice
of Easement dated April 14, 1999 as a cloud on Grantor's title to Grantor's Property.
THEREFORE, the parties covenant and agree as follows:
I . Grant of Easement. For mutual consideration, the sufficiency and receipt of
which is hereby acknowledged, Granter hereby grants to Grantee, its successors and assi gns, a
perpetual easement over, under, across and through that portion of the Easement Property
S:\ask\bruno\CONVERTED casement 10-06-06 vcr 2.wpd
A
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located on Grantor's Property, all as is more particularly described on Exhibit "D" attached
hereto and incorporated herein by this reference (the "Grantor's Portio•\ of the Easement
Property"), for the purpose of constructing, operating, maintaining, repairing, replacing,
removing, improving and enlarging the City Ditch.
2. ~-Grantee shall have the perpetual, nonexclusive right 'of ingress and
egress in, to, over, through, under and across Grantor's Portion of the Easement Property for any
purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under thi s
Grant.
3. Restoratj,,n. Grantee agrees that after any construction, mainte nan c~, repair,
replacement, removal, improvement o• enlargement, if any, of the City Ditch , ctl ~f th e City
Ditch Pipe, Grantee shall restore the surface of Grantor's Portion of the Easemen t Property as
nearly as possible to the grade and condition existing immediately prior to sairj constructi on,
maintenance, repair, replacement, removal, improvement or enlargement, except a.~ may be
necessary to accommodate the City Ditch Pipe located within Grantor's Portion of th r bsement
Pro perty . Grantee further agrees to replace any topsoil removed irom any c•.1l!ivated or
agricultural areas on Grantor's Portion of the Easement Property and to remove an y e:<•:ess earth
resulting from said construction, maintenance, repair, replacement , removal, improvem ent or
enlargement, at Grantee's sole cost and expense.
4. Maintenance. Grantee shall be responsible, at it., ,.1le cost and e ~.p,'s !e, for
periodically mowing the grass on Grantor's Portion of the Easeme·• · Property .
5. No Improvements. Grantor covenants and agrees not to construct, erect, place or
plan any "Improvements", as hereinafter defined, on Grantor's Portion of the Easement Property
without obtaining the prior written consent of Grantee; provided that the existing Garage
presently encroaching 1.9 feet into Grantor's Portion of the Easement Property shall be
permitted to remain thereon (the "Existing Garage"). Grantor shall also have the right to ·
maintain, improve an d rebuild the Existing Garage; provided that in doing so the encroachment
of the Exi sting Garage is not expanded. "Improvements" shall mean any structure, building,
planting, trees, shrubbery, or garden other than a grass type lawn. Grantee shall have the right to
remove, without any liability to Grantee, any Improvements other than the Existing
lmproveme , t• constructed, erected, placed or planted on the Easement Property without Grantor
having obtamed the prior written consent of Grantee. If such prior written consent is not
obtained, Grantee shall not l,e responsible fo r repair or replacement of the Improvements if they
are damaged <l uring any construction, maintenance, repair, replacement, removal, improvement
or enlargement performed by Grantee.
6. Subjacent and Lateral Support. Gran tor covenants and agrees that Grantee shall
have the right of subjacent and lateral support for the City Ditch Pipe located on Grantor 's
Portion of the Easement Property to whatever extent is necessary or desirable for the full,
complete WJd undisturbed enjoyment of the rights granted to Grantee under this. Grant to locate
the City Ditch Pipe on Grantor's Portion of the Easement Property.
S:\ask\b runo \CONVERTED caseincnt 10·06 -06 vcr 2.wpd
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7. Rights of Grantor . Granter reserves the full right to the undisturbed ownership,
use and occupP"cy of Grantor's Portion of the Easement Property insofar as said ownership, use
and occupanc; . , consistent with and does not impair the rights granted to Grantee in this Grant.
8. Abandonment. In the event Grantee shall abandon the rights granted to it under
this Grant to operate and maintain both an irrigation ditch and storm water discharge structures,
then all rights, title and interest hereunder of Grantee shall cease and terminate, and Granter shall
hold Grantor's Portion of the Easement Property, as the same may then be, free from the rights
of Grantee so abandoned and shall own all materials and structures of Grant ee so abandoned;
provided that Grantee shal l have a reasonable period chime after said abandonment in which to
remove any or all of the City Ditch Pipe , storm water discharge structures and related
appurtenances from Grantor's Portion of the Easement Property. In the event that Grantor's
Porti on of the Easement Property is abandoned by Grantee, Granter shall also have the right, at
its sole option, to require Grantee .to remove or neutralize any improvements constructed in
Grantor's Portion of the Easement Property by Grantee .
9. Prior Instrument and Notice of Easement. Grantee , by this instrument, does .
hereby release the Notice of Easement dated April 14, 1999 and its effect on and with respect to
the Grantor's Property. Granter and Grantee hereby acknowledge that the terms and provisions
of this Grant supersede and replace the terms and provisions of the Prior Instrument, if any,
which may either be in conflict with or inconsistent with the Prior In strument; otherwise the
terms and provisions of the Prior Instrument shall be and remain in full force and effect as to the
Granter's Property.
I 0. Bjnding Effect. This Grant shall extend to and be binding upon the heirs,
personal representati ves , successors and assigns of the respective parties hereto . The terms,
covenants, agreements and conditions in this Grant shall be construed as covenants running with
the land.
IN WITNESS WHEREOF, the parties hereto have exec uted this Grant of Easement and
Release of Notice on the day and year first above wnt£ttten.
GRANTEE : G ~
CITY OF ENGLEWOOD, a Colorado _-:,.. __ __.:...;'6";,-
home rule municipality Louis L. Bruno
By Arden M. Gray, Alto By : __________ _
S:lasklbruno\CONVERTF.D cascmcn l I 0-06·06 vcr 2. wpd
STATE OF COLORADO )
) ss.
COUNTY OF ARAPAHOE )
On this __ day of _______ , 2006, before me , a Notary Public ,
personally appeared ________ in his capacity as ________ of the
City of Englewood, a Colorado home rule municipality, to me known to be the person described
in and who executed the foregoing instrument, and acknowledged that he executed the same as
his free act and deed in the capacities stated , and as the free act and deed of the "nti ti er iJ ntified
above.
Witness my hand and seal of office.
My commission expires : ___ ·_
(SEAL)
STATE OF COLORADO
COUNTY OF ARAPAHOE
)
) ss.
)
Notary Public
On this 24th day of October, 2006 , before me , a Notary Public , perso i.ally .,i peared
Arden M. Gray, Attorney ln Fact for Louis L. Bruno, to me known to be the perso n desc ribed in
and who executed the foregoing instrument, and acknowledged that he executed the same as his
free act and deed in the capacities stated, and as the free act and deed of the entities identified
above .
Witness my hand and seal of office.
My commission expires:~,,..-,
(SEAL] Notary Public
S:\ask\bruno\CONVERTED cascmc1tl 10 -06-06 vcr l .wpd
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EXIUBIT A
Legal Description of the Adjacent Parcel.
loL, 13 and 14 and that part of Lot IS lying north of the Chy Ditch, Block 6, Strayers
Broadway Heights , according to the recorded plat thereof, C.: unl_y of Arapahoe, State of
Colorado .
S:\uk\bruno\euemcnt I0-06-0"i •1oc
EXHrBITB
Legal Description of the .Grantor 's Property .
Lot I 5, except that portion lying north of the City Ditch and all of Lots 16, 17 and 18,
Block 6, Strayers Broadway Heights , according to th e recorded plat thel'e of, County of Arapahoe,
State of Colorado .
S:\uk\bNno\euemcnt 10-06-06 .d~
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F.:lCffiBIT C
):&gal Description of the Easement Proper!Y-
See attached legal description and description sketch .
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S:losklbruno\taJCfflCl\l \Q.06-06 .doc
LBGAL Pl!SQfPDON
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lEJI-IJ,liE 81.bC/(6 .
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EXHIBITD
Legw Description of Grantor's Portion of the Easement Property .
That portion of Lots 14 and I 5, Block 6, Strayers Broadway Heights, according to the
recorded plat thereof, County of Arapahoe, State of Colorado, lying twenty-five (25) feet north
of the south boundary of the Easement Property;
Toe cross hatched portion of the description sketch attached as a part of this Exhibit D
depicts the Grantor's Portion of the Easement Property .
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SHEEJ 2 OF-2
ADWAY
PAGE at
BLOCK6
LOT 18 _
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COUNCIL COMMUNICATION
Date: Age nda Item : Subject:
November 6, 2006 9 a i City D itch Easement for
3066 and 3034 South Sherman
Initiated By: I Staff Source:
Utilities Departm ent Stewart H . Fonda, D irector of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
The Water and Sew er Boa rd reco mmended Council app,uval during the ir O ctober 9. 2006 phone vote of
the G rant of Easement and Release of Notice for 306 6 and 3034 So uth Sh erman St ceet.
BACKGROUND, ANALY"I~ AND ALTERNATIVES IDENTIFIED
The pro perty owners of 3066 South Sherman Street (Lynette Saunders ) and 3034 So uth Sherman Street
(Dr. Brun o) have respectively submitted Grant of Eas ements and Release of Notice s fo r clarifying the City
Ditch Easement that run s diagonall y east to west spa nning both p roperties. The agreements would allow
new construction at 3066 So uth Sherman and incorporate an existi ng ga rage at 3034 So uth Sherman
Street.
N ot all sections of th e City D itch are in recorded easements or rights-of-way. In som e se ctions, th e City
D itch is not in re corded rights-of-way, but i an easement by prescription . As opportunities arise, th e
Utilities Departmen t is attempting to ac quire eas ements o r right-of-way. Ea sements by prescription allm·,
th e City to main tain the ditch as-is, w here-i s w ith no improve ments . Formal easements allow the City to
improve the ditch.
Engl ewood's City Attorney has reviewed and approved the easemen ts.
FINANCIAL IMPACT
N one .
LIST OF ATTACHMENTS
Bill for an Ordinance