HomeMy WebLinkAbout2006 Ordinance No. 025•
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ORDINANCE NO . &_
SERIES OF 2006
BY AUTHORITY
CONTRACT NO, 1,?-.2,,,of,,
COUNCIL BILL NO . 26
INTRODUCED BY COUNCIL
MEMBER WOODWARD
AN ORDINANCE GRANTING A UTILITY EASEMENT TO QWEST
TELECOMMUNICATIONS CORPORATION (QWEST) FOR INSTALLATION OF A
BURIED TELEPHONE SERVICE AT 2900 SOUTH PLATTE RIVER DRIVE
(LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT) ANO 2800
SOUTH PLATTE RIVER DRIVE (ENGLEWOOD SERVICENl'ER).
WHEREAS, early in the construction stage for the Pbase 2 Expansion Project at
the Littleton/Englewood Wastewater Treatment Plant, Qwest was contacted regarding
the need to relocate and or replace tho overhead tele;o,hone servic e for both facilities
tbat now traverses tbe east side of the LIE WWTP; and
WHEREAS , the aerial telepbone line is in the way of construction activities and is
very vulnerable to disruption from large equipment and trees ; and ; and
WHEREAS, Qwest engineers determined the best feasib le route and proposed a new
alignment for the telephone lines for both 2800 (Englewood Servicenter) and 2900
(LIE WWTP) South Platte River Dri ve
WHEREAS, the majoruy of the buried Qwest telephone line easement is located
wi thin the Right-of-Way of Sou,h Platte River Drive and belongs to the City of
Eng h:woo d; and ·
· \\'H EREAS, the passage of this Ordinance authori us • u1ility e>".semenl lo Qwest
Telecommunicalions Corporation 10 accommodate the Phase 2 Expansion Pr.iject for
inslallation of a buried telephone service al 2900 S. Platte River Dri ve (LIE WWTP)
and 2800 S. Platte River Dri ve (Englewood Servicenlcr);
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
~I. The Qwesl Telecommunications Ulility Easement from the City of
Englewood to lhe Qwesl Telecommunications, attached herelo as "Exhibit A", is
hereby accepted and approved by the Englewood City Council.
..S~. The Mayor is authorized 10 execute and 1he City Clerk lo attest and seal
the Qwest Telecommunicalions Utilily Easemenl for and on behalf of the City of
Englewood, Colorado .
Introduced, read in full, and passed on first reading on the 10th day of July, 2006 .
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Published as a Bill for an Ordinance on the 14th day of July, 2006 .
Read by title and passed on final reading on the 24th day of July, 2006.
Published by title as Ordinance No.~ Series of 2006, on the 28th day of July,
2006,
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby
certify th , t the above and foregoing is a true copy of the Ordin cc passed on final
reading and published by title as Ordinar.cc No .~crics o[ 6.
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RECORDING INFORMATION ABOVE
EASEMENT AGREEMENT
Government Body
The undersigned ("Granter") for and in consideration of $10 .00 (Ten Dollars) and other good and
valuable consideration, the receipt of which is hereby acknowledged, does hereby grant and convey unto
QWEST CORPORATION, a Colorado corporation ("Grantee"), whose address is 1801 California St.,
Suite 5200 1 Denver, CO 80202, and its successors, assigns, affiliates, lessees, license ~s. and agents, a
perpetual non-exclusive easement to construct, modify, add to, maintain , and remove su ch
telecommunications facilities, electrical and gas facilities, and other appurtenances, from time to time 1 as
Grantee may require upon, over, under and across the following described property situated in the County
of Arapahoe, State of Colorado, which Granter owns or in which Grantor has an interest ("Easement
Arca 11
)1 to wit:
An easement which is described in its entirety on EXHIBIT "A" which is anached hereto and b)'
this reference made n part hereof, all of which is situated in the NE 1/4 of Section~. Township~
§., Range 68 W, of the 6th P .M.
Granter further conveys to Grantee the right of ingress and egress to and from the Easement A= during all
periods of construction, maintenance, installation, reinforcement, repair and removal over w,d across
Grantor's lands with the right to clear and .keep cleared all trees and other obstructions as may be necessary
for Grantee's use and enjoyment of the Easement Area.
Grantee shall indemnify Granter for all damage, caused to Granter as a result of Grantee's negligent
exercise of the rights and privileges herein granted . Grantee shall have no responsibility for environmental
r.ontamination , which is either pre-existing or not caused by Grantee .
Granter reserves the right to occupy, use and cultivate the Easement Area for all purposes not
inconsistent with the rights herein granted.
Granter covenants that Granto, is the fee simple owner of the Easement Area or has an interest in the
Easement Area. Grantor will warrant and defend title to the Easement Area against all claims .
Granter hereby covenants that no excavation, structu re or obstruction will be constructed, or pennitted on
the Easement Area and no change will be made by grading or otherwise that would adversely affect
Grantee's use and enjoyment of the Easement Area.
The rights, conditions and provisions of this Agreement shall run with tl,e land and shall inure to the benefit of
• and be binding upon Granter and Grantee and their respective successors and assigns .
R/W# _____ _ Page 1 of 2
lnltlala, ___ _
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A
RECORDING INFORMATION ABOVE
Any cl aim, controversy or dispute arising out of this Agreement shall be settlCIJ by arbitration in accordance
with the npplicable rules of the American Arbitration Association, and judgem ent upon th e award rendmd by
th e arbitrator may be entered in any court having jurisdicti on thereof. ·11,c a111itration shall he c.onducled in the
county where the Easement Area is situated .
Government Easement
Attest _________ _
Loucr1shia .. A·. Ellis
City Clerk
[CORPORATE SEAL)
STATEOF ______ _
COUNTY OF _____ _
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GRANTOR:
CITY OF ENGLEWOOD
(Official name of Government Body)
By :-------------
Name : ~~-~~-----Olga Wolosyn
Title : Mayor
The foregoing instrument was acknowledged before me this ___ day of _____ ~
2006, by ______________ as ____________ _
of _____________________ _
Witness my hand and offic ial se•I :
[NOTARY SEAL)
Notary Public
My commission expires : ______ _
R/W# ______ Job# CS20178
Exchange ENWDOC'l'IA County ARAPAHOE
1/4 Section lll.. Section 33 Township .il Range 68 W P•ge 2 or 2
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UTILITY EASEMENT
3107-UTIL-3.doc
OS.16 ,06
SHEET I OFl
A I 0.00 POOT WIDE UTILITY EASEMENT, BEINO A PORTION OF LOT 2 OP PLATTE RIVER
SUBDIVISION RECORDED AT RECEPTION NO. B5165911, PLAT BOOK 304, PAOES 4 AND 5 OF
THE ARAPAHOE COUNTY PUBLIC RECORDS, LOCATED IN TilE NOR TIIEAST QUARTER OF
SECTION ll, TOWNSHIP 4 SOUTH, RANOE 61 WEST OF TilE 6Tii P.M, CITY OF ENGLEWOOD,
COUNTY OF ARAPAHOE, STA TE OF COLORAIV.l , AND MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
BASIS OF BEARINGS : ALL BEARINGS CONTAINED HEREIN ARE BASED UPON TilE
ASSUMPTION TiiAT THE NORTii LINE OF rnE NORTiiEAST QUARTER OF SECTION ll, BEARS
N 88'03'15" W, AND MONUMENTED AS FOLLOWS:
-THE NORTH QUARTER CORNER OF SECTION JJ BEING A FOUND 2" BRASS CAP STAMP ED C&C
OFDEIWER.
-THE NORTHEAST CORNER OF SECTION JJ BEING A FOUND J.2J" ALUM. CAP LS 22J7 I .
COMMENCING AT SAID NORTii QUARTER CORNER OF SECTION l l;
rnENCE S 34'06'05 " E,A DISTANCE OF 1,197.01 FEET TO TilE NORTIIWEST CORNER OF SAID
LOT2, PLATTE RIVER SUBDMSION AND TiiE POINT OF BEGINNING;
TilENCE S 87'58'48' E ALONO TiiE NORTiiERL Y LINE OF SAID LOT2, A DISTANCE OF 10.01
FEET;
TIIENCE S 00'24'12" E ALO NO A LINE I 0.00 FEET EASTERLY OF AND PARALLEL WITH THE
WESTERLY LINE OF SAID LOT2, A DISTANCE OF 176.00 FEET;
rnENCE S 89'35'48" W, A DISTANCF. OF 10.00 FEET TO A POINT ON n!E WESTERLY LINE OF
SAIDLOT2;
TIIENCE N 00'24'12 " W ALONO TiiE WESTERLY LINE OF SAID LOT 2, A DISTANCE OF 176.42
FEET TO TiiE POINT OF BEGINNING;
CONTAINING 1,762 SQUARE FEET OR 0.0404 ACRES, MORE OR LESS.
I, CHRISTOPHER H. Mca VAIN, A SURVEYOR LICENSED IN THE STA TE OF
COLORADO, DO HEREBY CERTIFY TiiA T TiiE ABOVE DESCRlPTION WAS
PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND CHECKING .
CHRISTOPHER H. Mta VAIN
PROFESSIONAL LAND SURVEYOR
COLORADO REGISTRATION NO. 36561
FOR AND ON BEHALF OP JeHN ENOINEERINO, INC.
5855 WADSWORTiiBYPASS #A-100 ARVADA, CO. 80003
J:11545\20l-1071EX!llBITS\EASEMENTS\3107-UTIL-l .DOC I,
A
A•4s·1a·oo·
R•32J.69'
L•261 .5 7'
EXHIBIT
SHEET 2 OF 2
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I CB •N 22 •44'.49• E
C0•254.51'
LOT1
'"'~ I r1' ______ J DETAIL
I SCA LE : 1" 40'
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10' l/TUTY £ASEL4ENT
SE£ OCTAi.
LOT2
PLATTE Rllrn SUBDI\IISION
85165918, 80()1( 304, PAGES ,; & 5.
0' 200' 400' ,..._ __ _
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SCALE 1" • 200'
10''UllUTY
EASEMENT
1,1s2 s.r.
0.0404 ACRES
S 87'58'48. E
10.01'
S 99•35•49• W
10.00'
• COUNCIL COMMUNICATION
Date:
Jul y 10, 2006
Initiated By:
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Agenda Item:
9 a i
Littl eto n/Englewood Wastewater Treatment
Pl ant Supervisory Committee
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Subject:
Qwest Telecommunications Easement for L/E WWTP
Staff Source:
Stewart H . Fonda, Director of Utilities
Mark Van Nostrand, Senior Project Engineer
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
Staff recommends Counci l approva l of a Bill fo r an Ordinance granting a lllility easemen t l o Qwest
Telecommunications Corporation (Qwest} for installation of a new bllried telephone service at 2900
South Platte Rive r Drive (L/E WWTP) and 2800 Sou th Pl atte River Drive (Englewood Servicenter).
• BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
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Early in the cons tru ction stage for th e Phase 2 Expansion Projec t, staff contac ted Qwest regarding
the need to relocate and/or replace th e overh ea d teleph one service fo r both faci lities th at now
trave rses th e eas t si d e of th e l /E WWTP. This ae ria l telephone lin e is in the way of constructi on
activities and is very vulnerable to disruption from large equipment and tr ees. Qwest engineers
determined the best reroute project feasible and proposed a new alignmen t for th e telephone lin es
fo r both 2800 and 2900 South Platte River Drive. This new alignmen t would be th e leas t costly
altern ative to provide th e City w ith a more reli able buried telepho ne cable in conduit along Sollth
Platte River Drive and in front of L/E WWTP. Th e majority of th e buried Qwest telephone lin e is
located within th e right-of-way of South Pl atte Riv er Drive.
FINANCIAL IMPACT
The con tr act w ith Qwest fo r installation of th e new co ndllit and telepl-,ne lines has alrea dy been
approved in th e amount of $26,197. Thi s amo unt is budgeted fo r within th e Ph ase 2 Expansion
Project. There are no direc t cos ts to th e City to gran t the easement to Qwest.
LIST OF ATTACHMENTS
City of Littl eton Letter regarding Qwest Telephone Easement at th e L/F WWTP
Bill for an Ordi nan ce
Easement documen t wi th attachments
Drawi ngs showing easeme nt loca ti on
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Cityo/Uttleton
City Attorney
2255 West Berry Avenue
Littleton , Colonldo 80165
303-795-3725
FAX 303-795-3818
June 21 , 2006
Nancy Reid
Assistant City Attorney
Englewood City Hall
1000 Englewood Parkway
Englewood, Colorado 80 I I 0
Re : Qwest Telephone Easement at the Littleton/Englewood Wastewater Treatment Plant
Dear Nancy :
At the Littleton City Council meeting last night , City Council considered the easement request
from Qwest as described in your recent correspondence of June 12, 2006 and had no objection to
the City of Englewood granting the easement to Qwest.
Please let me know if you need anything further .
Ve~urs,
~rkowitz
City Attorney