HomeMy WebLinkAbout2003 Ordinance No. 027•
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ORD INANCE NO . .n_
SERIES OF 2003
BY AUTMORITY
CONTRACT. NO. SJ--2. oo3
10 b iii
COUNC IL BILL NO . 23
INTRODUCED BY COUNC IL
MEMBER GARRETT
AN ORDINANCE APPROVING TME LI CENSE AGREEMENT AND TEMPORARY
LICENSE AGREEMENT WITH K. C. ENSOR , GREEN VALLEY TURF CO., AND
WILDACRE, LLC FOR CROSSING THE CITY DITCH.
WHEREAS, K. C. Ensor submitted a City Ditch Li cense Agreement and a Temporary
License Agreem ent representing K. C. Ensor, Green Valley Turf Company and Wildacre, LLC
for crossing the City Ditch along Santa Fe with a bridge and related roadway improvements ; and
WHEREAS, the Temporary License Agreement allo ws for construction of the bridge
within the existing driveway across the City Ditch ; and
WHEREAS, the License Agreements will allow crossing ofEnglewood's 48" City Ditch
pipe with a protective arch to allow access to and from Santa Fe Dro ve to the adjacent properties
loc ated west of Santa Fe Dri ve; and
WHEREAS, the Englewood Water and Sewer Board rec omme nded Counci l's appro va l
of the License Agreement and Temporary License Agreement wi th K. C. Ensor, Green Valley
Turf Co ., and Wildacre, LLC for crossing the City Ditch .
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT :
Section I . The City Council of the City of Eng lewood hereb y accepts and approves the
License Agreement , attached as Exhibit A, and Temporary Licen se Agreement , attached as
Exhibit B, with K. C. Ensor , Green Valley Turf Co ., and Wildacre LLC for crossing the City
Ditch belonging to th e City of En glewood .
Section 2. The Director of Utilities is authori zed to execute the Temporary Lic ense
Agreement and License Agreement for the Ci ty Ditch crossing for and on behalf of the City of
Englewood, Col orado.
Introdu ced , read in full , and passed on first reading on the 17• day of March , 2003 .
Publi shed as a Bill for an Ordinanc e on the 2 I" day of March, 2003.
Read by title and pa ssed on fin al read in g on the 7~ day of Apri l, 2003 .
Publi shed by title as Ordinance No. 4_, Ser ies of 2003, on th e 11 • day of April, 2003.
I, Loucrishia A. Elli s, Cily Clerk for the Cily of Englewood, Colorado, hereby certify that
the foregoing is•,!?\• copy of the Ordinance passed on fina l readi n and pub lished by title as
Ordinance No. L5:J_, Series of 2003 .
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EXHIBIT A
LICENSE AG REEMENT
THIS LI CENSE AGREEMENT made and ent ered int o as of th e ___ day of
------,---c--,---,,----' 2003, by and betw ee n th e CITY OF ENGLEWOOD, a municipal
corpo rati on o f the Stal e of Co lorado. herein refe rred 10 as "Ci ty", and K . C. EN SOR, JR ., a/k/a
KE TON C. ENSOR . Jr., individually and ,~ Trustee of the K. C. Ensor Tru st, MARY EDITH
WlLKfNS, BARBARA ENSOR , GREEN VALLEY TURF CO., a Colorado co rporation and
WILDACRE, LLC, a Co lorado limited li ability company, herein co ll ec ti ve ly referred lo as
"Licensees ''.
WlTNESSETH : The City, wi thout any warranty of its title or interest whatso ev er,
hereb y autho rizes Licensees to use a parcel of land in the City 's right -of-way for the City Ditch,
which parcel is situated in SW ¼ of Section 32 , Township SS, Range 68W of the 6th P.M .,
County of Arapahoe, State of Colorado , and which is more particularly de scri bed on Exhibit "A"
which is attached hereto and incorporated herei n by this reference (the "Licen sed Premi ses ").
The Licen sed Premi ses is depicted on a drawin g which is att ached hereto as Ex hibit "B".
I . Licensees are granted an exclusive license to the Licensed Premises described
herein subject to the provisions of this Agreement. In addition, Licensees are granted the
following rights , subject to all pro visions contained in thi s License Agreement.
a. To construct and maintai n a bridge and related roadway improvem ents
across the City Ditch right-of-way so long as th e structures and water flow of the City Ditch are
not impaired and lo use said bridge and roadway improvements constructed thereon by Licen sees
for access to and from South Santa Fe Drive to and from Lice nsees respecti ve real properties
located on the west side of South Santa Fe Dri ve by all mode s of travel includin g, but not limited
to , motor vehicle s of all kind s, including truck s and con structi on equipment. Sai d bridge shall be
locate d within the exis ting driveway and at the locatio n as ge nerally depicted on Exhibit "B".
2. In granting this License , the City reserves the right to the fu , 1est exte nt permitt ed
by law, but without interfering with the Licensees use as authorized herein, to make as full a use
of th e Licensed Prer.,;,o, as may be necessary or conveni'"' in th e operation of th e City and the
City retains all right lo operate , maintain in stall , rep ai r, rem ove or relocate any of the City's
facilities located within the City Ditch or Ci 1, right-of-way at any time and in such manner as it
de ems necessary or con venient, provided the Ci ty does not depriv e Licensees of access lo and
from South Santa Fe Drive to and from th eir respective real properties as provided for above. In
the event Licen sees ' in stallations should unreasonabl y interfere wi th the City's use or operation
of the City Di tc h or ri ght -of-way , at any tim e, he rea fter, Licensees shall , upon requ es t by the City
and at Li ce nsees' sole expense, as soon as p:acticable relocate, rearrange or remove its
installation so as not to unre aso nably interfere with any such City use and to remove the
installation of Licensees wh en necess ary or convenient for the City, its successors and ass ign s;
provided , however, the City hns und er all circums tances first made a reasonable effort to provide
Lic ensees with alternati ve access to and ftum Licensees respecti ve real properties that is
reasonably similar to the access pro vided by thi; License Agreement.
EIMlf,Ktnl0111ApttlT'CtlU
LIC-ENSI! AOUE!>iEN'T CLEAN CUAN
3. Subj ec t to th e pro vis ion s co nt ain ed in paragra ph 2 and in parti cular th e
requ irement to maint ain Licensees reasona ble access lo and from South Santa Fe Drive , the City
shall have the right to maint ain, install , repa ir, remove or relocate the Ci ty Dit ch or any other of
its facilities or installations within the City 's ri ght-of-wa y, at any time and in such mann er as the
Ci ty deems necessary or convenient. The City res erves the ex clu sive right lo co ntrol all
easements and inst all ations to the full ex tent perm itted by law.
4. The rights and pri vileges grant ed in this License shall be subject to prior
agreements, licen ses and/or grants, recorded or unrecorded, and it shall be the Licensees ' sole
responsibility to determine the exi stence of sai d agreements, li censes or grants or conflicting uses
or installations. The City represents that it has provided Licensees with copies of all unrecorded
prior agreements or grants that affect or pertain in any way to the License .
5. The Licensees shall have the right to maintain , operate , repair and replace
Licensees impro ve ments on the above described Licensed Premises, including, but not limited
to, planting and trimming grass and/or bushes, fertiliz at ion and irrigation and removal of trash
and brush and replacement of any .1s phalt and road related improvements.
6. Licensees must maintain access to the Li censed Premises by City personnel for
inspection and maintenance .
7. No sub st antial construction, other than the proposed bridge and roadway, shall be
allowed on the Licen sed Premises without express wrinen pennission from the City which shal'. •
not be unreasonably withheld .
8. Upon abandonment of any right or privilege herein granted, the right of Licensees
to that extent shall terminate, but their obligation to indemnify and save harmless the City, its
officers and employees , shall not terminate in any event.
9. The rights granted to Licen sees hereunder may be assigned in whole or in part to
any entity which acquires title to Licensees real property (or any portion thereof), benefited by
this Lic ense Agreement. The foregoing notwith standing, this Lic ense is assignable only with the
writt en permis sion of the City, which permission will not be unreas onably withheld, conditioned
or delayed .
Upon an ·approved assignment of this Lic ense to a third party, the assignor shall
be releas ed of all responsibility under the provisions of this Lic ense Agreement and the approved
assignee shall assume all obli gations thereunder .
I 0. Licensees shall comply with all applicable laws and ordinances and all rules ,
regulati ons and requirements of any environmental standards and conditions applicable to the
City Ditch or City right-of-w ay. If, as a result of the Licensee s' occupancy of the premises and
its operation hereunder, any such law , ordinance, rul e or regulati on is violated, Licensees shall
protect, save harmless , defend and indemnify the City from and against any penalties, fines, costs
and expenses, including legal fees and court costs incurred by the City, caused by, resulting from
or connected with such violation or vio lations, and this License shall terminate immediately. •
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11. This License Agreement confers upon Licensees only such use rights as City has
by reason of it s right-of-way for the City Ditch and nothing herein contained shall be deemed to
reduce or enlarge the City's interest in or title to sai d right-of-way.
IN WITNESS WHEREOF, this instrument has been execult.d day and year first above
written .
APPROVED :
Stewart Fonda, Director
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CITY :
CITY OF ENGLEWOOD , COLORADO
Acting by and through its
Water and Sewer Board
By ___________ _
Chainnan
LICENSEES :
WILDACRE, LLC, a Colorado limited
liability company
By4~~t0;r-
Mana~
~~ONC.
ENSOR, JR ., INDNIDUALLY AND AS
TRUS TC E OF THE K. C. ENSOR TRUST ·
~0,~ foUJl ~ )~
MAR . EDI W ~-
fl, i:.dn.,, -~
BARBARA ENSOR
GREEN VALLEY TURF CO ., a Colorado
co'l>Oration
By· ~,dh, -_,
. J..\VILKINS, PRESIDENT
STA TE OF COLORADO
) ss.
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this _;:;x_ day of {ebru,q n.,.
2003, by Jeer'( I },M-'a.n Sin<-, as Manager, of Wildacre, LLC, a Co lorado limled
liability company.
Witness my hand and Official sea l.
My commission expires l -1 S' -o,;
ST A TE OF COLORADO )
) ss .
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me this __u__ day of f;JP11QRY.
2003, by K. C. Ensor, Jr., a/k/a Kenton C. Ensor, Jr., individually and as Trustee of the K.1 C.
Ensor Trust.
Witness my hand and Official seal .
My commission expires /~ -; 3 ~ .;1()C5.
STATE OF COLORADO )
) ss .
COUNTY OF ARAPAHO', )
The foregoing instrument was acknow led ged before me this ___k__ day of ()'iA e <!..H
2003, by Mary Edith Wilkins.
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ST A TE OF COLORADO
COUNTY OF ARAPAHOE
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)
The foregoing instrum ent was acknow ledged before me th is,;?%_ day of r:£.ilµI! h
2003, by Barbara Ensor. '
Wiin ess my hand and Official seal. /
My commission expires / 6-13-,Ro QJ ~-•
r. ( ~--'/4._i;: --;J.j=~~;.,::=
otary Pr· .;c
c-;;·•·· c.
STATE OF COLORADO )
) ss.
COUNTY OF ARAPAHOE )
Toe foregoing instrument was acknowl edged before me this ___it_ day of ..Jlle w__.
2003, by J. R. Wilkins, as Pres ident, of Green Valley Turf Co ., a Colorado corporation .
Wiiness my hand and Official seal .
My commission expires / 0 -I 3 -:2.6D 5' .
1100 W . UTTlETCN BLVD., SUITE 210
UTTl.ETON , CO ll0121).22:l, I
EXHIBIT "A"
/11,,.'f!!!II/!!. MILLER ENGINEERING ,nsa. & SURVEYING, INC .
CIVIL ANO LAND DEVELOPMENT ENGINEERING
LANO SURVEYING
LEGAL DESCR' PTION : 50 FOOT WIDE DITCH EASEMENT
PHON ~ m.770-2015
FAX: "3-r.().1 172
A 50 FOOT WIDE DITCH EASEMENT ACROSS A PORTION OF TIIF NOR1HEA.ST QUARfER
OF 1HE SOUTH WEST QUARTER AND THE NORTIIWEST QUARTER OF 1HE SOlITHWEST
QUARTER OF S ECT'ION 32, TOWNSHIP 5 SOU'Ill, RANGE 68 WEST OF 1HE SIXTH
PRINCIPAL MEUDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE
P ARTICULARL' { DESCRIBED AS FOLLOWS :
COMMENCING AT APOINT OF INTERSECTION OF THE NORTHWESTERLY RIGHT OF
WAY LINE OF 11.S. HIGHWAY N C. 85, PRIOR TO 2001 , AND THE SOUTH LINE OF SAID
NORTHWEST CUARTER OF TElE SOtlTHWESTQUARTER. WIDCHPOINTIS 24 .83 FEETN
89°53'49" W OF TIIE SO~T CORNER OF SAID NORTHWEST QUARTER OF TIIE
SOUTIIWEST QUARTER; THENCEN 21° 10'11" EALONGTHENOR1HWES'fEl!LYRIGHT
OF WAY LINE DFU .S. InGHWAYNO. 85,PRIOR T0 2001,ADISTANCEOF 527 .J FEET; •
THENCE N 72° I 8' 49" WA DISTANCE OF 90.35 FEET TO A POINT, SA.ID POINT BEING THE
POINT OF BEGlNNING; THENCE S 68°?4'52"W A DISTANCE OF '18.43 FEET; THENCE N 72°
18' 49" WA DIHANCE OF 78 .43 FEET; THENCE N 68° 04 ' 52" EA DISTANCE OF 78 .43 :''FEI';
THENCE S 72° 18' 49" EA DISTANCE OF 78 :43 FEET TO THE POINT OF BEGINNING,
CONTAINING C.0900 ACRES .
BASIS OF BEAi ~GS IS TIIE WEST LINE OF TIIE SOUTIIWEST QUARTER OF SECTION 32,
WlilCH BEARS N 00°35 '43 " W BETWEEN 2 1/2 . ALUMINUM CAP IN RANGE BOX AT THE
SOUTH QUAR1 ER CORNER AND A 3" BRASS CA!' PLS 16398 AT THE CENTER SECTION.
PREPARED UNDER MY SUPER VISION
lP2!NXlCSl>O' O!Ta! E.ASE.\ll NT.DOC •
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'w'ILD~E Pl RTNERSHIP I
REC, Ml .... ..,. I
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EIBIBIT "B"
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TEMPORARY LICENSE AG REEMENT
THIS TEMPORARY LI CENSE AGREEMENT ("this Grant") made and entered into as
of the _ da y of ---,----• 2003 by and between the CITY OF ENGLEWOOD, a
municipal corporation of the State of Co lorado , here inafter referred to as "City" and K. C.
ENSOR, JR ., a/k/a KENTON C . ENSOR, JR., and WILDACRE, LLC, a Colorado limited
liability company, he rein referred to as "Licensees".
WHEREAS , Licensees desire to construct a bridge and associated roadway across the
City Ditch right-of-way to upgrade the access to Licensees re spective properties located west of
South Santa Fe Dri ve.
NOW, THEREFORE, THE PARTIES COVENANT AND AGREE AS FOLLOWS :
I. Description of Project. The City hereby authorizes Licensees in conjunction with
the construction and improvements to the crossing of the City Ditch to construct a bridge at the
location within the existing driveway across the City Ditch as depicted on Exhibit "A" which is
attached hereto and to use the remaining portion of the fifty foot (50') wide easement area as
described on Exhibit "B" to park construction equipment, vehicles and equipment nece ssary for
the construction of the bridge and the associated roadway. Licensees further agree to comply
with all state and federal statutes and regulations regarding the handling, storage and clean-up of
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any hazardous materials used by Licensees, their employees, agents and assigns in conjunction •
wi th the Project.
2 . Term of License. This License shall expire on April 1, 2003, except for seeding,
which shall be completed by July I, 2003.
3. Access. Licensees shall have the temporary non-exclusive right to enter the City
Ditch right-of-way for any reasonab le purpose necessary for the construction of the Project
subject to the following restrictions : I) normal working hours shall be consistent with the South
Santa Fe CDOT project sc heduled.
4. Restoration . Licensees will do whatever is reasonably necessary to restore the
surface of the property to its general condition prior to entry by Licensees.
5. Site Condition. Licensees will pro vi de for security and safety of the public at the
si te at all times . The construction o f the bridge shall comply with the drawings and
specificatio ns as described in Exhibit A.
6. Liability. Licensees agree that they sha!1 ie responsible for their own negligent
acts on the property.
7. Rights of City. City reserves the full right to the undisturbed ownership, use, and
occupancy of the City Ditch right-of-way insofar as said ownership, use, and occupancy is
consistent with and does not impair the rights granted to Licensee in this License Agreement. In •
----Tl!M,OMRY LICENSE EASlMVIT C'UAN Z-1'-0U
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the event City's improvements within the City Ditch right-of-way require repair, replacement or
maintenance of any type or kind, City may do so with reasonable notice . Cost of repair and
restoration of surface improvements shall be done at the cost of the Licensees.
IN WITNESS WHEREOF, the parties hereto have executed this Temporary Lic ense
Agreement as of the day and year fi rst above written .
CITY :
CITY OF ENGLEWOOD, COLORADO
By : _________ _
A. Gray Clark, Chainnan Englewood
Water and Sewer Board
ATTEST :
Cathy Burrage, Recording Secretary
LICENSEES :
STATE OF COLORADO
COUNTY OF ARAPAHOE
)
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By : _____________ _
Stew art Fonda, · 'i~i r of Utilities
Lou:rishia A. Ellis, City Clerk
WILDACRE, LLC, a Colorado limited
liability c""any ~
By.~½f:7JJ
Manager
The foregoing instrument was acknowledged before me this A day of
Febcua!j . 2003, as Manager, ofWildacre LLC.
Witness my hand and Official seal.
My Commission expires : _ __,_(::;.ul8':i....;_-,c0.,,_5 _____ _
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STATE OF COLORADO
COUNTY OF ARAPAl !OE )
)
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The fo re 1:,oing instrument was acknowledged before me this .2%_ day of
FF-A f11 Q II,'( • 2003, by K. C. Ensor. Jr., a/k/a Kenton C. En sor. Jr.
W 1<JJ es s my hand and Official seal .
My Commi ssion expires : /0-/3 'Joos ,
~, / J ~-✓-'·dJt.
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I 'wlLDACRE P,IRTNERSHIP I
REC. NO '6012'36 I
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.BJIIBIT "A"
~:A iD
~ --· ,1
1100 W. LITTLETON BLVO .. SUITE 210
UTTl.ETON . CO lll1:ZO.Z23 I
EXHIBIT "B"
IA.ell/!. MILLER ENGINEERING ,nsa & SURVEYING, INC .
CIVIL AND l.AMl DEVELOPMENT ENGINEERING
!..AND SURVEYING
LEGAL DESCRIPTION : 50 FOOT WIDE DITCH EASEMENT
PHONE: 303-77o.2015
FAX: 31S-77o.127:I
A 50 FOOT WIDE DITCH EASEMENT ACROSS A PORTION OF THE NORTHEAST QUAR1ER
OF THE SOUTil WEST QUARTER AND THE NORTiiWEST QUARTER OF THE SOUTIIWEST
QUARTER OF SECTION 32, TOWNSHIP S SOUTii, RANGE 68 WEST OF THE SIXlH
PRINCIPAL ME !l!DIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE
PARTICULARL '{ DESCRIBED AS FOLLOWS :
COMMENCING AT A POINT OF J:1,j"TERSECTION OF THE NORTIIWESTERL Y RIGHT OF
WAY LINE OF1J.S . HIGHWAY NO . 85, PRIOR TO 2001, AND THE SOUTHLINEOF SAID
NORTHWEST ( !UARTER OF THE SOUTiiWEST QUARTER, WHICH POINT IS 24.83 FEET N
89"5 3 '49" W OF THE SOUTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE
SOUTiiWEST C UARTER; THENCE N 21° 10' . I" E ALONG THE NORTHWESTERLY RIGHT
OF WAY LINE •)F U.S. HIGHWAY NO . 85,PRlOR TO 2001, A DISTANCE OF 527 .6FEET;
lEENCE N Tl." 18'49" WA DISTANCE OF 90.35 FEET TO A POINT, SAID POINT BEING THE
POINT OF BEG NNING; THENCE S 68°04'52"W A DISTANCE OF 78.43 FEET; THENCE N 72°
18' 49" W ADl!,TANCE OF 78.43 FEET ; TIIENCE N 68° 04' 52" EA DISTANCE OF 78.43 FEET;
THENCE S 72° .8' 49" EA DISTANCE OF 78 :43 FEET TO THE POINT OF BEGINNING,
CONTAINING I •.0900 ACRES .
BASIS OF BEA UNGS IS THE WEST LN.C: o:;.· HE SOIJTHWEST QUARTER OF SECTION 32,
WHICH BEARS N 00°35'43" W BETWEEN 2 1/2 " ALUMINUM CAP IN RANGE BOX AT 1HE
soum: QUAR1 'ER CORNER AND A 3" BRASS CAP PLS 16398 AT THE CEN1ER SECTION .
~ OCT'Cll !WO E>,"T.OOC
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CO U NCIL CO MMUN ICA TI ON
D at e Agend a Item
1\.l.:u ch 1 7, .:!003 10 a ii i
STAFF SOUR CE
Sub ject
City Ditch Li ce nse Agree menlS
with En so r, \;Vil dacre and Gree n
V,1 ll ey l t,·•, o
INITI ATED BY
U tili ties Depar tm en t Stew~Ht Fond ~ _ ,'l, ,•~r 0 1 Lit ii itiP.S
COUNC IL GO AL AND PREV IOUS COUNCIL ACTIO N
Ordina nce of Se pt ember 2, 2002 fo r th e Ci ty Ditch Joint Use Agreem ent wirh th e Co lu rarl o D epart ment of
Tran spo rta tion.
RE COMM ENDED ACT ION
Th e Eng lewood W ater and Sewer Boa rd recommend ed Co unci l app rova l o f the Li ce nse A greeme nt an d
Te mporary Li ce nse Agree m ent w ith K. C. En so r, G ree n Va ll ey Turf Co., an d Wilda cre, LLC for crossi ng th e
City D itch.
BAC KGROU ND, ANALYSIS , AND ALTE RNATI VES IDENTIF IED
K.C. Ens or submi tt ed a City D itch License Ag ree m ent and Te mpo rary lice nse Agree m ent represe nting K.C.
Enso r, Gree n Va ll ey Turf Com pany and W ildac re, LL C fo r cross ing the City Ditch along Sa nta Fe w ith a
bridge and re lated roa dway improve ments. Th e Tempo rary Li ce ns e Ag ree men t all ows fo r constru c tio n of
the bridge within the existi ng driveway across th e City D itch. Th e Li cense Agreement o utl in es th e
pa rti cipa tin g owners' right s and accep tab le uses of the cross in g and roadwa y.
The license Agreemen ts will all ow crossing of Englewood 's 48" City D itch pipe w ith a pro tec tive arch to
all ow acce ss to and fro m San ta Fe D rive to the adja cent pro perti es located wes t of Sa nta Fe Drive.
Englew oo d's Ci ty Att orn ey and th e U ti lities Eng in eer ha ve rev iewed and approved th e Cit y Di tch Li ce nse
Ag reem ent and Temporary Li ce nse Ag reement.
FINANCI AL IMP ACT
N o ne.
LI ST O F ATTACH M ENTS
Ordina nce
Cit\ D it ch Lic ense Agr ee me nt. Temporar)-Li ce nse Agreeinen t