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Home My WebLink About2003 Ordinance No. 032• • ORD ! ANCE NO. j,J... SERI ES OF 2003 BY AUTHORITY CONTRACT NO, 11¼10 b iv COUNC IL BILL 27 INT ROD UC ED BY COUNC IL MEMBER BRAD SHAW AN ORDINANCE APPROVING AN INTE RG OVERNMEN TAL AGREEMENT BETWEEN Tl·IE CITY F ENG LEWOOD, CO LORADO , Tl·IE CITY OF LITTL ETON, CO LORADO, WEST METRO FIRE PROTE CTI ON DISTRI CT, LITTL ETON FIRE PROTECTION DISTRICT , SOUTH METRO FIRE PROTECT IO ' DI ST RI CT, AND SOUT H SU BURBAN PARK DISTRI CT AP PROVING A TEMP ORARY EASEMENT ON METRO FIRE TRAIN ING ACA DEMY PROP ERTY FOR THE COMPLETION OF A SEGME NT OF THE BIK E PATHWAY . WHEREAS , fi v,. ,...,etro are a entit ies coopera ti ve ly own the Me tro Fire Train ing Acade my property ; and WHEREAS , co nstru ct and maintain Suburban Bike Path Systen ,. the se enti ties , the So uth Suburb an Parks Di strict wishes to vide bik e pa th ac ross this pro perty as a part of th e South NOW, TH EREFORE , BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF ENG LEWOOD , CO LORADO, THAT : Section I. City Counci l of lhe City of Englewood, Col orado , hereby appro ves lhe lntergo vc mmental Agreement for a temporary easement on Metrr. Fire Training Academy property as described in Exhibi t I , anached hereto , fo r co mpl etion of a segment of th e bike pathway . Sectio n 2. Th e Mayor and City Clerk are auth ori zed to sign and atte st sa id Inter- gove rn men tal Agre eme nt fo r and on beh alf oflh e City of Englewood . Introd uc ed, read in fu ll , and passed on fir st reading on th e 7'' day of April , 2'J03. Publi shed as a Bill fo r an Ordinance on the I I• day of April , 2003 . Read by title and passed on fin al read in g on th e 21" day of Ap ril , 2003 . Pub lis hed by titl e as Ordinance No . .i;z._ , Serie s of 20 03, on th e 25• day of Apr il, 2003 . I, Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby ce rtify that the above and foregoing is a true copy of the Ordinance passed on fi re adin g and published by tit le as Ordinance No. ~..:is, Series rf 2003 . • • • • • AGREEMENT REGARDING GRAiVT OF TEMPORARY EASEMENT 1. PARTIES . The parties to this AGREEMENT REGARDING GRANT OF TEMPORARY EASEMENT ("Agreement") are : WEST METRO FIRE PROTECTION DISTRICT, LITTLETON FIRE PROTECTION DISTRICT, SOUTH METRO FIRE PROTECTION DISTRICT, CITY OF LITILETON, CITY OF ENGLEWOOD, collectively referred to herein as "Granters"; and the SOUTH SUBURBAN PARK DISTRICT ("Grantee"). 2. RECIT.\LS AND PURPOSES. Granters own undivided but separate interests in and to certain property located in Arapahoe County adjacent to the Platte River, the legal description o f said property is attached as Exhibit A. Granters jointly operate the South Metro Fire Academy on a portion of the property. Grantee desires an easement across the northern portion of the Grantor's propeny for the purposes o f constructing, maintaining, and operating a pathway and trail for recreational purposes . Granters agree to grant a temporary easement to Grantee fo r such limited purposes subject to certain terms and conditions. Accordingly, in consideration of the m un•.:i..1 promises set forth herein, the parties covenant and agree to the following terms and cc.ndirions of such grant. 3. GRANT OF EASEMENT; LIMITATION OF l':i:E OF EASEMENT. Granters hereby quitclaim, convey, and grant to Grantee, ·!{. ;uccessors and assigns, a non- exclusive easement, as described in paragraph 5 herein, for the term set fol":h herein and upon such additional terms and conditions as are stated. Such easement shall '.;e limited to use by Grantee for the construction, maintenance and operation of a non-vehicular pedestrian and non-motorized bike trail (herein, "Trail'') within the easement for use by the general public, as part, and an extension, of Grantee 's ,1roposed trail and pathway system in the Plane River area. Such grant shall also include an access and construction easement over and across Grantor's property described in Exhibit B for the purposes of access to the Easement for the purposes of coPstruction and maintenance of the Trail. Such grants are subject to all prior recorded utility easements and rights of way. 4. TERM. The term of this Temporary Easement sha ll be fiv e calendar years from the date o f the last approval by the go verning boards of eac h of the Grantors. The Easement may be extended beyond such termination date upon the murual written agreement of the parties. In the event that Grantee fai ls to construct and complete the Trail within 18 months from the date of final execution of this Agreement, this Grant of Easement shall be null and void and this instrument shall automatically operate as a quitclai..,1 grant of any and all interests , rights, ant titl es of Grantee to Granters witho ut an y further formal action or instruments . 5. DESCRIPTION AND LOC.'\TION OF EASEMENT. The easement granted herein shall be an area of ap proximately 1,680 sq. ft .. heing approximatel y 168 ft. long, and 10 ft . wide, such Easement commencing at a po int approximatel y two fee t north of the southeast comer of Grantor's property and terminating at a poi nt a pomximately 35 ft . north of the southwest comer of Grantor's property, as depicted on the attached Exhibit A, extending over and across that certain portion of the Granters ' property which is • located in the West ½ of Section 9, Township 5 South, Range 68 W of the 6111 P.M., County of Arapahoe, Colorado, as more fully described on the attached Exhibit B 6. PUBLIC SlGNS. As additional coT1Sideration, Grantee agrees to install , at its sole cost and expense, the following signs : 6.1 A sign adjacent to the casement that will contain a brief description of the fire fighting training activities, and their imponancc, that are conducted at the Academy. The Granton will provide a narrative description of the activities for the benefit of Grantee to utilize in the preparation of the sign. 6.2 A sign adjacent to the easement which will direct the users of the Trail to remain on the Trail and within the Easement, indicating that the remainder of the property is not open to the general public. 7. RIGHTS OF GRANTOR. Granter reserves the full right to the undisturbed ownership , use and occupancy of the Easement Property insofar as said ownership, use and occupancy is consistent with and docs not impair the rights granted to Grantee in this Grant In the ev ent Grantee's improvements under the Easement require repair, replacement or maintenance of any type or kind, Grantee may do so with reasonable notice . Cost of repair and restoration of surface improvements shall be done at the cost of the Grantee. 8. ABANDONMENT. In the event that Grantee shall abandon the rights granted to it under this Grant, all right, title and interest hereunder of Grantee shall cease and terminate, and Granter shall bold 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 improvements and Appunenances from the Easement Pr,,perty. 9. WARRANTY OF TITLE. Granter warrants and represents that Granter is the fee simple owner of the Easement Property and that Granter had full right, title and authority, and that this Grant is effective to grant and convey to Grantee the within described easement. 10. 11','DEMNIFlCA TION. To the full extent permitted by law, Grantee shall indemnify and hold harmless Granters (individually and collectively) from any and all claims, demands , or judgments asserted by, or awarded to, any third party or parties for any injury, death , or property damage which aris, s from the use of the Trail. Nothing herein shall be construed as a waiver by Granters, or any of them, of an y of the defenses or immunities provided by common law or by statute, specific ally incl udin g the Colorado Governmental Immunity Act, Sec . 24-10-101. et. seq., CRS, as it may be amended from time to time . Q..~"41'11DTM-.a~C)tUl,NlnW.1m7CD.00C • • • • 11. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, and their respective legal representatives , successors, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise specifically authorized in this Agreement 12. COUNTERPARTS. This Agreement may be executed in several counterparts and, as so executed, shall constitute one Agreement, binding on all the parties even though all the parties have not signed the same counterpart. Any counterpart of this Agreement which has attached to it separate signature pages, which altogether contain the signarurcs of all the parties, shall be deemed a fully executed instrument for all purposes. 13. ALTERNATIVE DISPUTE RESOLUTION. In the event of any dispute or claim arising under or related to this Agreement, the parties shall use their best efforts to settle such dispute or claim through good faith negotiations with each other. If such dispute or claim is not settled through negotiations within 30 days after the earliest date on which one party notifies the other party in writing of its desire to attempt to resolve such dispute or claim through negotiations, then the parties agree that any party may initiate a civil action in the District Court for Arapahoe County. 14. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. 15. PARA GRAPH CAPTIONS. Toe captions of the paragraphs are set forth only for convenience and reference, and are not intende u in any way to define, limit, or describe tlie scope or intent Jf mis Agreement Dated: ___ 2003 WEST METRO FIRE PROTECTION DISTRICT By: _____________ _ President Attest: Secretary Dated: ___ 2003 LITTLETON FIRE PROTECTION DISTRICT By : _____________ _ President Cl~Wff!OflUo-.Q ~ Of' ll.Sl«I?~ mlnDOOC Attest: • Secretary Dated: __ 2003 SOUTH METRO FIRE PROTEcnON DISTRICT By: _________ _ Praldat Attest: Secretary Dated: ___ 2003 CITY OF LllTLETON By: _____________ _ Mayor Attest: Clerk Dated: __ 2003 CITY OF ENGLEWOOD By:c-=--------------- Mayor Attest: Clerk ACCEPTED AND AGREED TO: Dated: __ 2003 SOUTH SUBURBAN PARK DISTRICT By: __________ _ Attal: Secretary • • r i r MFTC Northerp Propertv 147' ----------+ Ap1,-011. 1,680 Sq. Ft. ror concrete path. (168'x 10') EXHIBIT B A PARCEL OF U .ND LOCATED IN THE WEST ONE-HALF OF SECTION 9, TOw:--1SHIP 5 SOUTH. RANGE 68 WEST OF THE 6ra P . .M .• COUNTY OF ARAPAHOE, STATE OF COLORADO , BEING :vfORE PARTICUL-\Rl. Y DESCRIBED AS FOLLOWS: BEGINNING AT TIIE SOUTHWEST CORNER OF SAID SECTION 9; THENCE N 00°22'52" E AND ALONG WITH WESTER.LY LINE OF SAID WEST ONE-HALF OF SECTION 9, 594.00 FEET TO THE SOUTHWESTERLY COR..'IER OF TIIE PARCEL OF LAND DESCRIBED IN BOOK 1698 AT PAGE 274, WHICH POINT IS ALSO ON TIIE NORTHER.I. Y LINE OF A 20 FOOT DEDICATED ROAD WAY A.S DESCRIBED IN BOOK 234 AT PAGE 36; T'rlENCE S 89°52'53" E AND PARALLEL WITH THE SO UTHERLY LINE OF SAID SECTION 9, 565 .90 FE.r.1, SAID LINE BEJNG CONTIGUOUS WITH TIIE SOUTHERLY LINE OF SAID BOOK 1698 AT PAGE 274, A.."ID THE NORTHERLY LINE OF SA.ID BOOK 234 AT PAGE 36; TI!ENCE N 00°22'52" E .~'ID PARALLEL WITH TIIE WESTERLY LINE OF SAID WEST ONE-HALF OF SECTION 9, -~'-'"D ALSO SAID LINE BEING CONTIGT.:OCS WITH THE WESTERLY LINE OF SAID BOOK 234 .-\.T PAGE 36, 1206 .60 FEET; THE::-,iCE N 27°24 '04" E AND ALONG THE WESTER.I. Y LINE OF SAID BOOK 234 AT PAGE 36, 238.20 FEET; 11lF.){CE N 00°54'41" E A .. '<"D AI.ONG THE WESTER.LY LI,,;E OF SAID BOOK 234, PAGE '6, 311 .07 rEET TO THE TRL"E POINT OF BEG~NlNG; THENCE CONTINUING N 00°54'41" E A.'ID ALONG THE \VE STER.L Y LINE OF SAID BOOK 234 PAGE 36,293.36 FEET TO A POl}iT TI{AT LIES 269.29 FEET ~!ORE OR LES 5 SOLT.-! OF THE SOu"THERLY RlGHT-Cf-\V.'Y LINE OF \VEST CNION AVENliE; THE::-,iCE N 89°42 '03" W ,\Nf.', PAR.ALL.El.·.,--_-• rHE ::--iORTHERLY LINE OF THE SW\'. OF SAID SECTION 9, 83A9 FEET T6 A P~li.'< ON THE EASTERLY LINE OF THE PROPOSED CHANNEL OF THE SOliTH PL.,,,TTE RIVER; TH:fu'ICE Al.ONG A C.TFVE IO THE RIGHT AND THE EASTERLY LINE OF SAID PROPOSED CHA.."\j?;'EL A.'I ARC DI.5B.NCE OF 27 .Si FEET, SAID Cl.:lWE HA VI::--iG A DELTA A,'IGLE OF 03°36'2!" .-\..c'<"D A RADll,"S OF 44'.:.84 FEET; THDiCf ' 13°!5'2T' W .-\.'ID ALONG THE EASTER.LY Ll}iE OF SAID PROPOSED (1-L~i~'E L 240 .00 FEET TO A POil'<-Y ON THE >-"ORTHERL Y LINE OF THE PROPOSED CH..\.'<1"'EL OF BIG DRY CR.EEK; THE:-ICE S i6'44'33" E A .. '<"D ALONG SAID '.'iORTHER.L Y LI1'<'E QF SAID PROPOSED CH.-1..'1;-.'EL 143 .21 FEET THE TRUE POINT OF BEGINNING. coi-.i.-\INING 31.316 FEET OR0.il9 ACRES. • • COUNCIL COMMUNICATION Date: Agenda Item : Subject : Bike Pa th Ease m en t - Metro Fire Traini ng Aca demy and April 7, 2003 1 1 a i Sou th Sub urban Pa rk Dis tric t Initiated By: I Staff Source : Safe ty Se rvi ces Dire ctor Chris Olson COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Intergovernm ental coop erati o n. N o previous simil ar action. RECOMMENDED ACTION A p proval of an ordinance authorizing an agreement b etwee n th e fire dep artm ents involve d in the Metro Fire Training Academy and th e South Suburban Park District all owing an eas ement o n MFTC pro p erty for the completi on of a se gm ent o f a bike path way. BACKGROUND, ANALYSI S, AND ALTERNATIVES IDENTIFIED Th e MFTC ha s develo p ed this agree m ent in conjun ction with represent lives fr om th e South Suburban P.rk Distric t. It appea rs to mee t th e nee ds of b oth organizations. FINANCIAl IMPACT None LIST OF ATTACHMENTS Proposed Bill fo r an O rd inance