HomeMy WebLinkAbout2005 Ordinance No. 043ORDINANCE NO . ~
SER IES OF 20 05
BY AUTHORITY
CONTRACT NO, lo b-.l,oo f'
COUNC IL BILL NO . 39
INTRODU CEn BY COUNCIL
MEMBER BRADSHAW
AN ORDINAN CE APPROVING A LI CENSE -CITY DITCH CROSSING
AGREEMENT AND A TEMPORARY CONSTRUCTION EASEMENT BETWE EN
THE CITY OF ENGLEWOOD , COLORADO , AND WILDA CRES , LLC FOR A
TWO INCH (2") UNDERGROUND WATER SERVICE CROSSING OF THE CITY
DITCH .
WHEREAS , Wildac res, LLC bas ap pli ed for a License Agreement and a temporary
constmction casement to cross the City Ditch Right-of-Way with an underground
bore ; and
WHEREAS , thi s will enable Wildacres to in stall a 2" water and an electrical
service line cro ssing the City Ditch ; ~n d
WHEREAS , the Wildacres cros sing will be located from Santa Fe Drive to
Littleton Large Animal Clinic located west of Santa Fe Drive ; and
WHEREAS, Wildacres assumes full and strict liability for any and all dama ges of
every nature to persons or property caused by the point or point s where the Licen see
pcrfonns any work in connection with the crossing provided by the License ; and
WHEREAS, the City reserves the right to make full use of the property necess ary
in the operation of the City Ditch ; and
\VHEREAS, the Ci ty retains all rights to opera te , maintain , in stall , repair , rem ove
or re loca te any of its facilitie s located within the City's Right-of-Way ; and
WHEREAS , the Englewood Water and Sewer Board recomm ended Council
approval by Ordinance of th e License Agreement to maintain that porti on of City
Ditch at their September 13 , 2005 meeting .
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENG LEWOOD , COLORADO , THAT :
~-The City Co un cil fo r the City of Englewood , Colorado, hereb y
approves the License Agreement , attached l,ere to as Exhibit I, be twee n the City of
Englewood and Wildacres , LLC for the Wildac rc cross ing located from Santa Fe Dri ve
to Littleton Large Anima l Clinic loca ted west of Santa Fe Drive .
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~-The City Council for the City of Englewood, Colo ra do , hereby
ap prov es the Temporary Con struction Easement , attached hereto as Exhibit 2,
benv een th e 'ity of Englewood and Wildacres, LLC for the two inch (2") cro ss ing
located from Santa Fe Drive to Littleton Large Animal Clinic adjacent properties
locatco west of Santa Fe Drive.
~ TI,e Chai rman of the En glewood Water and Sewer Board and Director
of Utilities are hereby authorized to sign said Li cense Agreement and Temporary
O:nstruction Easement.
Introduced, read in full , and passed on first reading on the 19th day of September,
2005 .
Published as a Bill for an Ordinance on the 23rd day of September, 2005.
Read by title and passed on final reading on the 3rd day of October, 2005.
Published by title as Ordinance No . 'HI, Series o f 2005 , on the 7th day of
Oo.Su, ,00, 6 -
Do n , Mayor ((
I, Loucri shia A. Ellis, Cit y Clerk of th e City of Englewood,
certify th at the above and fo re going is a true copy ~f the rdi
read ing and publi shed by title as Ordinance No . ':t,;;f_, Seri s 2
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rad o, hereby
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LICENSE · CITY PIIGH GROSSING AGREEMENT
THIS UCENSE AGREEMENT, made and entered into as of this ____ day of
-----~ 19~ by and between the CI 'OF ENGLEWOOD, a municipal
corpontion of the State of Colorado, herein referred to ae "City", and
uJIL.DIIC&4 S ,.U <!
herein referred to ae "Licensee •.
WITNESSETH: The City without any warranty ofite title or interest wbataoever, hereby
authorizes Licensee, its successor, assigns, to install a Z" WATl!.f. "S1r•V1c£
A.re £44~ LtN4 C<M:W<!
over the City's rights-of-way for the City Ditch, described ae a parcel ofland situated in the_
5 W ¥°1 of Section .3Z
Township 5 SOVTH Range 4 S w~sr of the
--~=--------------P.M., County of Arapahoe, State of
Colorado described as follows:
The above-described parcel contains ,l S1'f S,· t'c qC, t), ops ,f.;more or jess
I. Any co nstruction contemplated or performed under this License s ball comply with and
conform to standards formulated by the Director of Utilities of the City and such construction
shall be performed and completed according to the plans, consisting of one s heet, a copy of
which is attached hereto and made a part hereof.
2. The Licensee shall notify t he City's Director of Utilities at least three (3) days prior to the
time of commencement of tbe construction of, or auy repairs made to, L1;eo.ae e's :-----
2" WIIT"/£.1< S~lt.'IIU APP -=~e(!.r~,~ Lll/1~ t!LtJS$1N_L
______________________ so that the ~ity may, in its
discretion, inspect such operations.
3 . Within thirty (30) days from the date of the commencement of construction of said __ _
2" W.47'£.& Sit llVl'-f A..o £Cb.rLf~ 1,;111~ C,<oss;N<r
the Licensee shall complete such construction, place and maintain permanent, visible
markers, of a type and at such locationsas de si gnated 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 restore the area to its previous condition as near as may be
reasonable. In the event the planing of the centerline markers and the clearing and
restoration of the crossing area is not completed within the ti.me specified, the City may
complete the work at the sole expense of the Licen se e .
4. The City shall have the right to maintain, install, repari, remove or relocate the City
Ditch or any other of its facilities or institllations within the City', rights-of-way. at any ti.me
and in such manner as the City deems necessary or convenienL The City r es erves the
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e,clusive right tQ co ntrol all easements and inBtallations . Jo the event th e e WA U/C
$E/!VU,f { sho uld interfere with any futun, use of the City's rights-of-way by the
City, the Licensee shall. upon request and at its so le e:t:peose , relocate, rearrange, or re move
its installations so as not to interfere with any s uch use .
5. An y re pair or replacement of any City installauon ,nade necessary, in the opinion of the
City's Director of Utilities because of the construction of the Z '' WA~
SEBYiee: AAJO 4'4c.r.¢1C 4tNt C4ss,,.,~ or other appu.,tenaat
installation thereof, shall be made at the sole e:q,ense of the Llceosee .
6. Th• stip t:.iatio n and conditions of this Licens e shall be incorporated i nto contract
specifications if the construction herein a utboriz,.!d is to be done on a co n tract ba sis.
7. The rights and privileges granted in this Lice nse shall be subject to prior agree m ents,
licenses a nd/or grants, re corded or unrecord1.!d, and it shall be the Licensee's so le
respo nsibili ty to de termine the existence of sai d documents or c.onflicti.ng uses or
installations.
8. The Li censee shall contact and fully coopera te with the City's personnel and the
construction shall be com pleted without interfere nce with any lawful, usual or ordinary flow
of water throu gh the City Ditch . Licensee •hall assume all nska incident to the possible
presence of such waters, or of storm waters, or of surface waters in the City Ditch.
9. All trenches or holes within the City's rights-of-way shall be bac.kfilled and tamped to the
original grow1d line in laye rs not to e:tcee si.'t (6) inches loose measure to a compaction of
ninety percent (90%) Standard Proctor Ma-tiJnum Density.
10 . Licensee. by acceptance of this L.icense, e:tp r4essly assumes full and strict liability for
any and all damages of every nature to person or property caused by wate r from the ditch
leaking through the ditch banks or pipeline at the pomt or points where the Lic ensee
performs any wor k in co nnection with the crossing provided by this License . The Licensee
assumes all responsibility for maintenance of the installation.
11. Licensee shall indemnify and save harmless the City, its officers and employees,
again s t any and all claim s, damagtes. sections or ca uses of action and expenses to which it
or they may be subjected by reason of said Z II WArt: g. St£ Ii! 1/fCe A~
Et..u;r,<,e L(NC, C&'PS-SLN<a
being within and across an d under the premises of the City or by reason of any work done or
omission made by Li ce nsee, its agents or employees, in co nnection with the construction,
replace ment, maintenance or repair of said installation.
12. It is expr essly 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 da mage s resulting from
such breach.
13. Upon ab andonment of any right or privilege herein granted, •he nght of Licensee to that
extent shall terminate, but its obli gation to indemnigy and save ha ess the City , its
officers and employees, shall not terminate in any eve nt.
In granting the a bov e authorization, the City reserves the right to make full use of the
property involved as may be necessary or con venient in the operation of the water w orks
plant and system under the control of the City .
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In granting the above authorization, the City reserves the right to make full use of the
propeny involved as may be necessary or convenient in the operation of the water works
plant and system under control of the City.
IN WITNESS WHEREOF this instrument has been executed as of the day and
year first above written.
CITY OF ENGLEWOOD
B~--------------Stewart H. Fonda
Director ofUtilities
City of Englewood
By: ___________ _
Cbamnan
Englewood Water and Sewer Board
Toe undersigned officer of _______________ has read the
foregoing License and agrees for an on behalf of said
_________________________ that it will
accept and will abide by all the terms and conditions th ereof.
LICENSEE :
Address : Boes s. SANTlt I-£ ~/11£
/. l'TT/-L.rof'.l. U ,'tAIZO
Phone : ('303) 7Pf-t35f
EXHIBIT A
JULY 22, 2005
A : RCE L OF LAND SITUATED IN THE SOUT)-IV. :s r QUARTER OF SECTION 32,
T0WN SH !P 5 SOUTH, <{ANGE 68 WEST OF THE 6™ P.M., CITY OF LITTLETON, COUNTY
0 ~ ARAPAHOE, STATE OF CO LORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
DE GINNING AT A POINT ON THE SOUTHERLY LINE OF AN EXISTING DITCH RJGHT-
01'-WA Y (5 0 FEET WIDE ) AS RE CO RDED IN THE ARAPAHOE COUNTY CLERK AND
RECORDER'S OFFICE IN BOOK 43 AT PAGE 626 , FROM WHENCE THE SOUTHE ST
CORNER OF THE NORTHWEST QUARTER OF SAJD SOUTHWEST QUARTER OF
SECTION 32 BEARS S06'16 '24"E, DISTANCE OF 459 .2 0 FEET ;
THENCE N72'14 '44"W, A DISTANC E OF 71.88 FEET TO A POINT ON THE NORTHERLY
LINE OF SAJD EXISTING DITCH RJGHT-OF-W AY;
THENCE N63'40'47"E, ALONG SAID NO RTH ERLY LINE, A DISTANCE OF 71.88 FEET TO
A POINT ;
THENCE S72 '14'44"E, A DISTANCE OF 71.88 FEET TO A POINT ON THE SOUTHERLY
LINE OF SAID EXISTING DITCH RJGHT-OF-WAY ;
THENCE S63'40'47"W, ALONG SAJD SOUTHERLY LINE , A DISTANCE OF 71.88 FEET TO
THE POINT OF BEGINNING.
CONTAINING 3,594 SQUARE FEET OR 0.0825 ACRES OF LAND , MORE OR LESS.
I HEREBY CERTIFY TH AT THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR
UNDER MY DIRECT SUPERVISION AN D IS ACCURATE TO THE BEST OF MY
KNOWLEDGE AN D BELIE F.
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LITTLETON LARG E
ANIMAL CLIN IC
PROPERTY
EXISTIN G
GR:~:,J.~''°"'~~,.<"""-<.'><.<;,~,,-
EXISTlNC 46" '
ENGLEWOOD c:~ 45,
45· B
45 ' BEN
W-'IEB SFR YIC E ANO ELE CJRIC UNE
CROSSING PEIAIL
NOT TO SCAL£
EXISTING fENCE
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15 )0 60
LITTLETON LARGE ANI MAL CLINI C
8025 SOUTl1 SANTA Ff: ORI\/!:
Um.ETON , CO 80 120
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ENGl.£wo00'clTY DITCH
50:-15J1Cli R.0 . W.
)S,sK'. 4J , PG. 626 , / ,.·_i
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PNlACOH ENCLNE£R1N0 CONSULT~TS , INC, ♦ PftEPAA[0 BY.-
11,2 S. tun $TRE£T, SUITE 203
UTT\.£TDH, COl.ORAOO 10120
TEMPORAR Y CONSTRUCTION EASEMENT
This Temporary Construction F.asement the Temporary Easement) is entered into
this_ day of ___ , 2002 by and between the City ofEngl~wood, Colorado, a
municipal cocporarion of the state of Colorado, acting by the through its Wa1er ,md Se"' ~.r
Board (Granter) and u/14 DACUS . ? t. ~
__________________ ( Grantee).
WHEREAS, The City of Englewood owns a right-of-way for the City itch, a carrier
ditch (City Ditch ROW) which is located as des cribed on E:thibit A.
WHEREAS, Wl?t2BC..U > L. t.. <::. desires to install a _,,z"--"---
WAT£& st,ev,a. M€LN:7Ztc. If¢. ~S"4'd"itbin the City Ditch RO W
pursuant to a license between the parries.
NOW , THEREFORE. In cons ideration of the mutual covenants of the p::irti es,
more particularly hereinafter set forth . the adequac :,' m d ;ufficiency of which are hereby
acknowledged, it is agreed as follows :
I. Temporarv Construction E:i.sement. En glewo ~d (as Granter) hereby grants
to Wlt..DACU.S It.~ (as Grantee), its successors, assigns,
contractors, and sub-contractors, a non-exclusive temporary cons truction
easement through , over, und er and ar.ross the Cirv Ditch ROW for the
insrallarionofa Z "WATE2, ~LMN'
£(.GC-r~,~ L1we ~#DSSMf pursuant to a
license agreement (the Project).
2. Term ofEasen-,_.J!. The Projec t wi ll ,• ·, sou nerthan _____ and
will be completed no laterthan . Completion of the Project
will be deemed t0 have occurred upon 1~5Fecrion and approval of the Project
by Grantor and this Temporary Easemem will be deemed to have terminated
upon suc h complet ion.
J. Access . Grantee shall have the temporary non-exclusi ve right to enter the
City Ditch ROW fo r an y reasonable purpose necessary or prudent for the
constru ction of the Project subject to the following res:rictions : I) norma l
working hours shall bt · consistent with COOT cortstruction hours, Monday
through FriJa y and 2: the op eration of equipment and heavy trucks will be
permined on the Engkwood r-;ty Ditch ROW only during normal working
hours . •
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4. .1!,estoration . Upon comp letion of the Project, Grantee will perform such
restoration and regrading as is necessary or prudent to restore the surface area
oftlle City Ditch ROW to its original condition.
5. !ndernnification . Grantee, to the extent permitted by the laws and
constitution of the State of Colorado, hereby agrees to be liable and hold
bannless the City of Englewood, its employees, tenants, and guests from any
and all claims, causes of action, and liability whicb may occur as a result of
the negligent or wrongful acts of Grantee in the consttUCtion of the Proj:ct,
including the cost of defending against such claims .
6. Liabilitv. Grantee bercby acknowledges that it understands that there is water
flow in the City Ditcb from April 1 to November I of each year 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
consauction activities .
7. Insurance. Grante e shall maincain in full force and effect a valid policy of
insurance for the Project in the amount of 5600,000.00 property coverage and
S600 ,000.00 liability coverage . Grantee further agrees that all its employees,
contractors and sub-contr:ictors working on the Project shall be covered by
adequate Workers Compensation insurance.
8. Assignment. This Temporary Consauction Easement is assignable only with
the written permission of Englewood, wbich permissi on will not
unreasonably withheld, conditioned or dela yed.
IN WITNESS WHEREOF , the parties hereto have e:tecuted this temporary
consauction Easement on the date and day first written above .
In granong the above authorization, the City reserves the right to make full use of the
propert} involved as may be necessary 01 convenient in the operation of the water works
plant and system under control of the City.
IN WITNESS WHEREOF this instrument has been executed as of the day and
year first above written.
CITY OF ENGLEWOOD
By: ____________ _
Stewart H. Fonda
Director of Utilities
City of Englewood
By: __________ _
Chairman
Englewood Water and Sewer Board
The undersigned officer of _______________ has read the
foregoing License and agrees for an on behalf of said
_________________________ that it will
accept and will abide by aU the terms and conditions thereof.
LICENSEE :
By: _/..,_/./,,.__._,(f"'·?'"'f)'-'-,_rb~-~-•~· ~---
Title : __ ..:..{);_7,,.;_.,.,_, _______ _
Address : Boz 5 S: 5111117"A /L P/Z1V~
L crnLniAI, t!o f:Jo1z.o
Phone: Qo3)7'14-t,3SP
Notary:
.{)awnM £vmid,
My commission expires :
EXHIBIT A
JULY 22, 2005
A PARCEL OF LAND SITUATED IN THE SO UTHWEST QUARTER OF SECTION 32,
TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH P.M., CITY OF LITTLETON , COUNTY
OF ARAPAHOE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS :
BEGINNING AT A POINT ON THE SOUTHERLY LINE OF AN EXISTING DITCH RIGHT-
F-WA Y (50 FEET WIDE) AS RECORDED IN THE ARAPAHOE COUNTY CLERK AND
RECORDER'S OFFICE IN BOOK 43 AT PAGE 626 , F' 1,M WHENCE THE SOUTHEAST
CORNER OF THE NORTHWEST QUARTER OF SAID SOUTHWEST QUARTER OF
SECTION 32 BEARS S06'16 '2 4"E, A DISTANCE OF 459.20 FEET ;
THENCE N72'14 '44"W , A DISTANCE OF 71.88 FEET TO A POINT ON THE NORTHERLY
LINE OF SAID EXISTING DITCH RIGHT-OF-W AY;
THE NCE N63'40 '47"E, ALONG SAID NORTHERLY LINE, A DISTANCE OF 71.88 FEET TO
APOINT ;
THENCE S72'14'44"E, A DISTANCE OF 71.88 FEET TO A POINT ON THE SOUTHERLY
LINE OF SAID EXISTING DITCH RIGHT-OF-WAY ;
THENCE S63'40 '47 "W, ALONG SAID SOUTHERLY LINE, A DISTANCE OF 71.88 FEET TO
THE POINT OF BEGINNING .
CONT AINING 3,594 SQUARE FEET OR 0.0825 ACRES OF LAND , MORE OR LESS .
I HEREBY CERTIFY THAT THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR
UNDER MY DIRECT SUPERVISION AND IS ACCURATE TO THE BEST OF MY
KNOWLEDGE !.ND BELIEF .
LITTLETON LARGE
ANIMAL . CLINIC
PROPERTY
r:•,i:..iP.
.•.:, .. .: :·1~ I '.
PROPERTY UNE
EXISTING FEN CE
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WATfB 'SEBYl CE ANO fl EC:BIC UNE
CROSSING DETAIL
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15 JO 60 -=-=--s
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LITTLETON LARGE ANIMAL CLINIC
8025 SOUTH SANTA FE DRIVE
UTTLETON , CO 80120
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ENGLEwo0D--CITY DITCH
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PREPARED BY :
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, PARACOH EHCIHC[IUNC CONSU LTANTS. INC,
711$2 S. El.All STREIT. SUIT[ 20J
Uffi.£T0tol . COlORAOO 90120
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CO UNCIL COMMUNICATION
Dat e: Agenda It em: Subject :
Se p tember 19, 2005 9 a i Ci ty D itch Li ce ns e Ag reem ent and Temp orary
Cons truc ti on Agree1 nen t with Wildacres LLC
Initiated By: I Slaff Source :
U til iti es Departmen t Stewa rt 1-1 . Fo nda, D irec tor of Utili ties
COUNCIL GOAL AND PREVIOUS COUNCIL ACT ION
None.
RECOMMENDED ACTION
The Englewood W ater and Sewer Boa rd, at th eir Sept ember 13 , 2005 m ee ting, recomm ended
Council adopt a Bill fo r an O rdinan ce approving the L:·ense Agree ment and Temporary
Constru c ti o n Ag reement w ith Wildac re, LLC fo r cros s e th e City D it~h.
BACKGROUND, ANALYS IS, AND ALTERNATIVES mENTIFIED
Wildacres, LLC submitted a Ci ty Ditch Li ce nse Ag reeme nt and a Temporary Constru cti on
A gree ment fo r c rossi n g th e City Ditch illong Santa Fe w ith a 2" wa ter lin e and an electr ica l serv ice
li n e. The Tempo rary Constructi o n Agreement all ows for cons truc tion of th e electrica l an d water
li ne crossing th e Ci ty Ditch withi n th e License Ag ree m en t param eters.
The Li ce nse Agreemen ts wi ll all ow th ~ 2" wa ter and elec tr ica l lin e to cross 12" beneath
Eng lewood 's 48" City Ditch p ipe fr om Sa nta Fe Drive to the Littl eto n Large Anima l Clini c ildj ace nt
prope rti es loca ted west of Santa Fe Drive. Englewood's City A tt orney and th e Utilit ies Eng in ee r
have rev ie\\ ed and approved th e Ci ty Ditch Lice nse Agree m ent and Temporary Li cense
Agree men t.
FINA NC IAL IMPACT
None.
LIST OF ATTACHMENTS
Bi ll fo r an Ordin ari ce
Ci ty Dillh License Ag reem ent , Temp orary Co nstruction Ea :.e rn ent