HomeMy WebLinkAbout2002 Ordinance No. 012•
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ORDINANCE NO.~
SERIES OF 2002
BY AUTHORITY
COUNCIL BILL NO. 10
I NTRO DUCED BY COUNC IL
MEMBER GARRE'IT
AN ORDINANCE AUT HOR IZI NG THREE CITY DITCH LI CENSE AGR EEMENTS
FOR C ITY DIT CH CROSS I NGS AT OR ABOUT 4685 SOUTH MARIPOSA DRIVE .
WHE RE AS , the Owne r of 4685 South Mari posa Drive and an adjacent piece of
prope rty to the south , s ubmitted three Lice nse Agreemen t.a for crossin g the City Ditch
in the City of En glewood's Right-e :-Way; and
WHER EAS , the fir st Lice nse Agreement is fo r new construction installing two (2)
wnter lines, two (2) s::mitory sewer lines, two (2) gas service lines a nd o bridge/culvert
ove r the City of Englewood's Right -of-W ay for the City Ditch ; a nd
WHEREAS . the second License Agreem ent is to o Uow an existing sewr.r tine antl
g:.1s lin e nlr eady crossing t he City Ditch ffl r the residence located at 4685 S outh
Mnrip osn Ori\•e ; a nd
WHEREAS . t he third Li ce nse Agreement is for an existing bridge/c ul ve rt which is
alr endy in pin ce at the location of 11686 South Mariposa Drive; and
WHEREAS , the EnglewJod Water and Sewer Board recommended ap prova l of th~
three (3) City Ditch Lice•.se Agreer,1en ts to Bob Schwinn a t the February 13 , 2002,
meeting;
NOW, THEREFO!lE. BE IT ORDAI NED BY T H E CITY COUNCIL OF THE CITY OF
ENGLEWOOD . CJLORADO. AS FOLLOWS :
~. The "City Ditch Lic e nse Agree ment," for n ew co nstruct1o n to install two
(2) water lines. two (2) sanitary sewer lines , two (2) gas service lines and a
bridge/c ulvert over the City of Englewood's Right-of-Way for the City Ditch attached
hereto as "Ex hibit A." is hereby accep ted and approved by the Englew oo d City Co un cil.
~-The "C ity Ditch Licen se Agreement:' to a ll ow an existing sewer line and
gas line nlready crossing over the City of Eng lewood's Right-of-Way for the City Ditch
fo r the re si dence located at 4685 South Mariposa Drive attached h e reto as "Exhibit 8 ,"
is hereby ncc"'pted nnd app roved by the Englewood City Cou ncil.
~;,i. ';'he "Ci,.y f)itch License Agreement." is for a n existing bridge/culve rt
crc.na ing ove r ~!-... C:i ty of Eng lewood 's Ri ght-of-Way for the Ci ty 0L tc h which is alrendy
in place ut the locati on o. 4F85 South Mariposa Drive a Lt.ach ed he reto as "Ex hi bit C,"
is here by ncccpted and aM, Jved by the Englewood City Co uncil.
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~. Th e Mayor is auth orized to e xec ute and the Ci ty Cl e rk to attest. and sea l
the three (3) "City Ditch Li ce nse Agr eem ent." -"Exhibits A, B and C" fo r a nd on
behalf of the City of Englewood, Co lorado .
btrodu ce d, rea d in full , and passed on fir s t reading on th e 18th day of Ma rch,
2002 .
Publi shed as a Bill for an Ordinr.nce on the 22nd day of March , 2002 .
Read by title and passe d on fin a l rea ding on the 1s t day of April , 2002 .
Published by titl e as Ordinance No ~ Se ri es of 2002 , on t he 5th day of April ,
2002 .
I, IJlucri s hia A. Ellis, City Clerk of the City of Englewood , Co lorado, hereby ce rtify
that the above and foregoing is a true copy of the Ordinance passed on fin al reading
••• '""'""' ~ "'" •• <hlm•~• "'· «_soo,. •~ -. t12 0 Loucris:•i a A. Elli s
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THIS LICE NSE AGREEMENT , made and entered into as of thi s __ da y of ___ --:
20 _. by and between the CITY OF EN GLEWOOD , a mun icipal corporati on of the State of
Colorado . herein referred to as "City", and ~Ro=bert=~J~·~&=-.rr,;=inn=~---------
herein referred 10 as "Licensee".
WITNE SS ETH : The City without an y warranty of its title or interest whatsoever. hereby
authorize s Licen see . its successor. assigns , to install two water lines . two sanitary S<!Wer line s,
two gas service lin es and a bridge/culvert over the City 's rights-of-way for the City Ditch,
described as a parc el of land situated in the Northeast Quarter of Sectio n 9, Town::::i p 5 South,
Range 68 West of the Sixth P.M., County of Arapahoe, State of Colorado described as follows:
See attached Exhibit
I. Any construction contemplated or performed under this License shall 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 sheet, a copy of
which is attached hereto and n ;ace a part hereof.
2. The Licensee shall notify the :ity's Director of Utilities at least three (3) days prior to the time
ofcommencemen, of the constrJction of, or any repairs made to , Licensee "s utiiity lines and/or
bridge/cul vert so that the City rnay , in its discretion, inspect such operations.
3. Within thiny (30 ) days from the date of the commencemen, of construction of said utility lines
and/or bridgc/culve,, the Licensee shall complete such construction, place and maintain
permanent. visi~.ie markers , ofa tyjl<! and at such locations as designated by the City's Director of
Utilities. referring to the centerline of the installation and shall cle r 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 planin g of the centerline markers and the clearin g and restoration of the crossing
area is not completed within the time specified, the City muv complete the wo rk at ihe sole
expense of the licensee.
4. The City shall !lave the right to maintain, install , repair, re ·"!Jove or relocate th.e City Ditch or
any other of its facilities or installations within the City's rights-ot~way, at any time and in such
manner as the City deems nece ssary or convenient. The City reserves the exclusive right to
control all easements anc. mstallations. In the event the utility lines and/or the bridge/culvert
should interfere with any future use of the City's rights-of-way by the City. the Licensee shall ,
upon request and at its sole expense, relocate , rearrange , or remove it s installations so as not to
interfere wilh any such use .
5. Any repair or replacement of any City installati on made necessary , in the opinion of the City 's
Director of Utilities because of the construc ti on of the utility line s and/or the bridgc1culvert or
other appurtenant instal lation thereof, shall be made at the scle expense of the Licensee .
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6. The stipulations and conditions of this License shall be incorporated into contrnct
specificati ons if the construction herein auth ori ze d is to be done on a contract basis .
7. The rights and privilege s granted in this Lice •e shall be subject to prior agreements, lict.:ses
and/or grants, recorded or W1recorded, and it shalt be the Licensee· s sole responsibii ity to
determine the existence of said documents or confli cting uses or installations.
8. The ,censec shall contact and fully cooperate with the City's personnel and the construction
sha!I t completed without interference with any lawful , usual or ordinary flow of water through
the City ;'litch. Licensee shall assume all risks incident to the possible presence of such waters,
or of storm waters , or of surface waters in the City Ditch .
9. All trenches or hol~s within the City's rights-of-way shall be backfilled and tamped to the
original ground line in layers not to exceed six (6) inches loose me as ure to a compaction of
ninety perce:11 (90%) Standard Proctor Maximum Density.
I 0. Licensee , by acceptance of this license, expressly assumes full and strict liability for any and
all damages of every nature to person or property caused by water from the ditch leaking through
the ditcb banks or pipeline at the point or points wbere the Licensee performs any work in
connection with the crossing provided by this license. The Licensee assumes all respon.•ibility
for maintenance and installation.
11. Licensee sball indemnify and save bannless the City , its officers and employees, a&!liost any
an-. all ciairns, damages, action.s or causes of action and expenses to which it or they may be
subjected by reason of said utility lines and/or bridge/c ulvert being within and ru:ross and under
the premi ses of the City or by reason of any work done or by omission made by Licensee, its
agents or employees. in connection with the· .:onstruction, replacement, maintenance or repair of
said installation .
12. It is expressly agreed that in case of Lic ensee's breach of any of the within promis·s, the City
may , at its option , have specific performance thereof. or sue for damages resulting fro, .. such
breach.
13. Upon abandc,nment of any right or privilege herein granted, the right of Licensee to that
extent shall tem1inate , but its obligatic,n to indemnify and save harmless the City , its officers and
employees, sball not terminate in any event.
In granting the above authori7..ation, the City reserves the right to make full use of the property
involved as may be necessary :-o r convenient in the operation of the water works plant and system
under control of the City .
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1:--.. \VIT:,..;i-:ss \\"Jff.HFOF this 111:-trurn11.:n1 h,i,.. h i •t'II !'\i.'l ll (L',i ., .... 1f th1· ,l.1:, .111 .! :,1·.1r
fi 1st .1hovc \H i l len
l1 \V fT NESS \VH:.:REO F. this inst r um ent ha!i hcen c:<ccutcd as nf the day J nci yea r first
a bove wri tt e n .
ATTEST
City Clerk -I.oucrishia A. Ellis
APP ROVE D AS TO FO RM:
City Attorney
CITY OF ENGL EWOO D
By ---:-:,-------:--~-
Ma yo r -Beverly J. Bradshaw
ATTEST ·
Ci ty Cle rk
The undersigned a uthorized offi ce r of---:-------------
has read the foregoing License and agrees fo r and in behalf of said---,--..,,.,.......,---,--:--
------:---;:-:----:;---;-------that it wul acc e pt a nd wi ll a bid e by all th e terms ~nd co ndi tions thereof.
LI CENSE E:
ATTEST: ~M
T it le
(SEAL)
...,_......,...~~~~"""!-~-G-.
L,.k~.._,oaJ I "60:l.:)..(
:'>03 ·9':?i' · 775';i....
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EXHIBIT
70 FOOT WIDE UTILITY ANiJ BRIDGE/CUL VERT CROSt,ING LICENSE
AGREEME NT
LEGAL DESCRIPTION
SHEE'f l OFJ
A PARCEL OF LAND SITIJATED fN THE NORTHEAST QUARTER OF SECTION 9,
TOWNSHIP 5 SOUTII. RANGE 68 WEST OF THE SIXTH P.M .. CITY OF ENGLEWOOD ,
COUNTY OF ARAPAHOE , STATE OF COLORADO DESCRIBED AS FOLLOWS :
BEGINNnlG AT A POINT ON THE WESTERLY RIGHT-OF-WAY OF THE CITY DITCH,
FROM WHICH THE CENTER QUARTER CORNER OF SAID SECTION '.l BEARS S
83 °05'32" W, 912.09 FEET ; THENCE N 00 °09'00" W , ALONG SAID WESTERLY RlGHT-
OF-WAY . A DISTAN CE OF 70.00 FEET ; THENCE N 89 °51'00" E. DEPARTil''G SAID
WESTERLY LINE. A DISTANCE OF J0 .00 FEET TO THE EASTERLY RlGHT-OF-W A Y
OF SAID CITY DITCH: TIIENCE S 00 °09 '00" E, ALONG SAID EASTERLY RIGHT-OF-
WA Y. A DISTANCE OF 70 .00 FEET ; THENCE S 89 °51 '00" W, DEPARTING SAID
EASTERLY LINE , A DISTANCE OF J0.00 FEET TO THE POfNT OF BEGINNING .
THE ABOVE DESCRIBED PARCEL CONTAfNS 2100 SQUARE FEET OR 0.048 ACRES,
MORE OR LESS .
BASIS OF BEARINGS : THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION
9 BEARS N 90 °00'00" E, AS SHOWN ON THE BELL ISLE GARDENS SECOND FILING
SUBDrvIS!ON PLAT RECORDED UNDER RECEPTION NO . 475064.
LICNSECD.WPD
l/27/02
ZYL 5TRA BAKER SURVEYING, £NC
1510 W. TIJFTS AVE .
ENGLEWOOD CO 80110
303-781-0700
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EXHIBIT
0 10 2;:,
E':'mr .....
/.01' 3
8/tU ISLZ COl,/1,/0NS
SUBO/VTSION
40
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I
SCALE : 1 "=20'
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I
CENTER I / 4 COR NER SECTI ON 9
~~g Jp'/~r ~s~Fri~n~E aox
i
POINT a·
BcGINl'ING
I J .6' I
CONi-;A.JN/NG
00 SQUARE FFE.T
'R 0. 048 ACRES
MORE OR LESS
EAS, 1 / 4 CORNER SECTION 9
FOUNO J 1 /4' "1.U~ CAP IN RANG[ BOX
'COLO :JEPT or TRANSPORTATION
T5S R68W 1/4 S9 1~C0 199 6 PLS NO 235 16"
I
T5S R68W C 1/4 SEC 9 1997 PLS NO 10734'
N 90•00· oo· E 2639 46 '
!iQli;
I S EXHIBIT DOES NOT REPflESENT A IOUENTED SlflV!:Y .
IS INTEl()EO ONLY ro DEPICT M: ATTACHED OESCRIPTION .
"'" 2/27/02
SHEET 2 or J
A 70 .00 FOO T 'NIOE "11 L\T Y ANO ORIDC(/CULV ERT
CROSS I NC LICENSE AG'.lEE ~NT
SITUATED IN THE NCF ,HEAS T QU AR TER
51:CTIO N 9 . r 5 S . = 56W . 6TH P W ••
CITY or ENGLE\IOOO COUN IY or ARAP AHO(.
STATE or COL ORAOO
EXHIBIT
N£1/4 SECTION 9, T. 5 5., R. 68 W., 6TH P.M.
CITY OF ENGLEWOOD,
COUNTY OF ARAPAHO£, COLORADO
10'-15' OF SLOPE AT
A MAXIMUM OF 3 : 1
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SANITAR Y
SEWER
PROPERlY
LINE
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22 ' WIDE
COMMON DRIVEWAY
1 1' EITHER SIDE OF
PRO PERTY LINE
CROSS SECTION
NOT TO SCALE
10 '-15' OF SLOPE AT
A MAXIMUM OF 3: 1
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SANITARY
SEWER
1 . TH IS EXHIBIT DOCS NOT REF'RESENT A -NIED SUlVEY .
IT IS INTE1'.0ED ONLY TO DEPICT Tl-€ ATTACHED DESCRIPTION .
CITY OF ENGLEWOOD
SC>LE
N/A .. ,..
2/27 /02
Sf£ET 3 Qf;
A 70 .00 FOOT W'DE UTI LITY MO BRIDGE /CU.VERT
CROSS I NC LI CENSE AGREEMENT
SITUATED IN THE NO!HJ-E:AST QUAR TER
SE CTION 9 . T 5 S. R 68W . 6TH P .M ..
CI TY OF ENGLE'MJOO, COU<TY OF ARAPAHOE .
ST ATE OF COLCRAOO .
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Tl-llS LICENSE AGREEMENT , made and entered into as of this dav of ___ _
20_, by and between the CITY OF ENGLEWOOD, a municipal ;;-rporati~n of the State of
Colorado . herein referred 10 as "C ity", and ~Rober==t~J~·-Sc=hw=in=n __________ ..,
herein referred to as "Licensee".
WITNESS ETH: The City without any warranty of its title or interest whatsoeve,-. hereby
authorizes Licensee . its successor, assigns , to install a sanitary sewer iioe and a oarural gas line
over the City 's rights -of-way for the City Ditch , de,cribed as a parcel of land siruated in the
Northeast Quarter of Section 9, Township 5 South, Ran ge 68 West of the Sixth P.M .. County of
Arapahoe. State of Co lorado described as follows :
See attached Exhib it
I. Aoy construction c,,ntemplated or performed under this License shall co mply "'ith and
conform 10 standards formulated by the Direct or of Utilities of the City .
2. The Licensee shall nolify the City 's Director of Utilities at least three (3) days prior to the time
of commencement of the cons!nlction of. or any repairs made to . Licensee· s sanitary sewer line
and/or narural gas line so that the City may. in its discretion. inspect such operations .
3. Within thirty (30) days from the date of the comm ,,ncement of construction of said sanitary
sewer line and/or narural gas line the Licensee shall complete suc h cons truction. place and
·-,aintain permanent. visible markers, of a type and at such locations as designated by the City 's
Director of Uti lities . referring to the centerline of the installation and shall clear the crossing area
of all construction debris and restore the area 10 it s previous condition as ne2 r as may be
reasonable . In the event 1he planing of the centerline markers and the clearing and restoration of
the crossing area is not completed within the time specified . the City may complete the work at
the sole expense of the licen see.
4. The City shall have the right to maintain . install , repair. remove or relocate the City Ditch or
any other of its facilities or in stallations within the City's rights-.Jt:way. at any time and in such
manner as the City deems necessary or convenient. The City reserves the exclusive right to
control all easements and installat ions . In the event the sanitary sewe r lin e and/or the narural gas
line should interfere with any future use of the City's rights-.Jt:way by the City. the Licensee
shall. upon request and at its so le expense, relocate . rearrange. or remo ve its installations so as
not to interfere with any such use .
5. Any repair or replacement of any City installation made nece ssary, in the opinion or the City 's
Director of Utilities because of the construction of the sanitary sewer line and/or the narural gas
line or other appurtenant installation thereof, sha ll be made at the sole expense of the Licensee .
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6. The stipulations and cnuditions of this License shall be incorporated into contract
specifications if the construction herein authorized is to be done on a contract basis.
7. The rights and privileges granted in this License shall be subject to prior agreements, licenses
and/or grant s. recorded or unrecorded , and it shall be the Licensee's sole responsibility to
determine the existence of said docwnents or conflicting uses or installations.
8. The Licensee shall contact and fully cooperate with the City 's personnel and the construr.tion
shall be completed without interference with any lawful , usual or ordinary flow of water through
the City Ditch . Licensee shall asswne all risks incident to the possible presence of su~h waters ,
or of storm waters. or of surface waters in the City Ditch .
9. All trenches or holes within thP. City's :ights-of-way shall be backfilled and tamped to the
original ground line in layers not to exceed six (6) inches loose measure to a compaction of
ninety percent (90%) Standard Proctor Maximwn Density.
10 . Licensee. by acceptance of this license . expressly asswnes full and strict liability for any and
ail damages of every narure to parson or property caused by waxer from the ditch leaking through
the ditch banks or pipeline at the point or points where the Licensee performs any work in
connection with the •crossing provided by this license. The Licensee asswnes all responsibility
fur maintenance and installation.
11. Licensee shall indemrufy and save harmless the City , its officers and employees , against any
and all claim s, damages. actions or causes of action and expenses to wluch it or they may be
subjected by reason of said sanitary sewer line and/or natural gas line being within and across
and under the premises of the City or by reason of any wo~k done or by omission made by
Licensee . it s agents or employees. in connection with the construction. replacement , maintenance
or repair of ;aid installation.
12 . It is expressly agreed that in case of Licensee 's breach ofany of the within promises, the Cil'/
may . at its option. have specific performance thereof. or sue for damages resulting from such
breach .
13 . Upon abandonment of any right or privilege herein grantecl the right of Licensee to that
extent shall terminate . but its obligation to indemrufy and save harmless the City , its officers and
emplo yees. shall not termir.Jte in any event .
In granting the above authorization , the City reserves the right 10 make full use of the property
invol ved as may be nece ssary or convenient in the operation of the water wo rks plant and system
under control of the City .
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/:,.; \VIT~ESS WH E l{EOF th 1:-. 111:-~r m.:m L·r.1 ~.1, hc c 11 ••\('t:1 1t cd .1s ,if t lh! day .11111 :,l•ar
fi r ~c .1hovc w rit ten
IN WITNESS WHERE OF. this 1n s tr umC!nt ~a ~ be en l!xc cuted as()( the d J y and ye a r fir s t
a bove writte n.
.-ITTEST CI TY Or E:-I GLE\V CJOD
By ___________ _
Cit y Clerk -Loucrishia A. Ellis Mayor -Beverly J. Bradshaw
APP RO\ ED AS T O FO RM :
ATTEST
City .-\t torney
City Cler k
The und ersigned a11tho:-1zed officer of _____________ _
has read the foreg oing L1c e:ise a nd agrees for and in behalf of sa id------,--,---,---,--
----,---,--:-------that 1t will acce pt a nd will a bid e by
all the term s a~,J conditions thereof.
ATT EST
Title
(SE.-\l.l
..1 .
LICENS EE:
T it le 2.5't1 S.~ .. .., G .
Address : l...a.k«..;ooJ G.. 'i!:o:;,2,7
Phone . 3,o?, .Gji;a . 7752.
EXHIBIT
SHEETIOfl
20 FOOT WIDE UTiLITY CRO 1':SfNG LICENS : AGREEMENT
LEGAL DESCRIPTION
A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTER OF SECTION 9,
TOWNSHIP 5 SOUTH , RANGE 68 WEST OF THE SIXTH P.M .• CITY OF ENGLEWOOD ,
COUNTY OF ARAPAHOE, STATE OF COLORADO DESCRIBED AS FOLLOWS :
BEGINNING AT A POINT ON THE WESTERLY RIGHT-OF-WAY OF THE CITY DITCH,
FROM WHICH THE CENTER QUARTER CORNER OF SAID SECTION 9 BEARS S
73°08'29" W, 935 .19 FEET : THENCE N 11 °04'51" W, ALONG SAID WESTERLY PJGHT-
OF-W AY, A DISTANCE OF 20.00 FEET ; THE NCE N 78 °55'09 " E, DEPARTING SAID
WESTERLY LINF . A DISTANCE OF 30 .00 FEET TO A POINT ON THE EASTERLY
RIGHT-OF -WAY OF . .\ID CITY DITCH ; THENCE S 11 °04'51" E, ALONG SAID
EASTERLY RIGHT-OF-WA '{, A DISTANCE OF 20 .00 FEET; THENCE S 78 °55 '0°" W,
DEPARTING SAID EASTERLY LINE , A DISTANCE OF 30.00 FEET TO THE POINT OF
BEGINNING .
THE ABOVE DESCRIBED PARCEL CONTAINS 600 SQUARE FEET OR 0.014 .\CRES ,
MORE OR LESS .
BASIS OF BEARINGS: THE SOUTH LINE OF THE NORTHEAST QUARTER OF SECTION
9 BE ARS N 90°00'00" E. AS SHOWN ON THE BEL L ISLE GARDENS SECOND FILING
SUBDIVISION PLAT RECORDED UNDER RECEPTlot, ~'J . 475064 .
LIC~SEA. WPD
J/01/02
ZYLSTRA BAKER SURVEYING , INC
1510 W. TUFTS AVE .
ENGLEWOOD CO 80110
30 3-781 -0700
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EXHIBIT
N
7r
LOT I
BELL ISLE COi/ii.OHS
SUBDIVISION
0 10 20 40
~ES ,
SCALE : 1 "=20'
~
1
S 11'04'51" £
20.00'
CC ,'ffAINING
600 SQUAR£ FEET
OR O.J14 ACR£S
MORE OR LESS
3::
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"' " 0
V1
l>
\{i~i
.<{" 0)
,C:,QJ ")':-----------r------l
'\":, a,'?
0
0
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LOT 2 I
BEU ISLE COMMONS
SUBD/VlS/ON
M
CENTER 1/4 COR NER SECnO N 9
FOUND 3 1/4' AL UM CAP IN RANGE BOX
"COLO DEPT OF TRANSPORTATION
155 R6BW C 1/4 SEC 9 1997 ?LS NO 10734"
EAST J/1 COR NE R SECTIO N Y
mu NO 3 l / 4• ALUM CAP IN RA NGE BOX
'CO LO DEPT OF TRANSPORTATION
~; R68W 1/4 59JS10 1996 PLS NO 235 16"
N 90'00'00' E 2639.46' ~
I S EX H I 8 I T DOES NOT REPRESENT A IIONUMENTED SURV EY .
IS !NIEi.OED ONL Y TO DEPICT TH:: AITAC~O DE SCRIPTI ON .
A 20 .00 FOOT WIDE UTILITY
CROSS I NG LICENSE AGREEMENT
SI TUA TED IN THE NORTHEAS T QUARTER
SECT I ON 9. T 5 S, R 68W , 6TH P .M ..
CI lY OF ENGLOOOO , COUNTY OF AR APAHOE .
ST A TE OF COLORADO .
SHEET 2 OF 2
THIS LICENSE AGREEMENT, made and entered i:uo as of thi s __ day of ___ _
20_, by and between the CITY OF ENG LEWOOD . a municipal co rporation of the State of
Co lorado , herein refer.-ed to as "City ", and _,Eb=ber=-,,_t...,J:..:.'-"S"'chw=inn='-----------
herei n referred to as "Lie nse e".
WITNESS ETH : The City without an y warranty of its title or interest whatsoever. hereby
authorizes Licensee . its succe ss or. assigns, to install a bridge/culvert over the City's rights-of-
way for the City Ditch , described as a parcel of land siruated in the Northeast Quaner of Section
9, Township 5 South, Range 68 West of the Si xth P.M., County of Araplhoe, State ofCo lc,rado
described as follows :
See anached Exhibit
I. Any constru~tic n contemplated or performed under this License shall comply with and
contemn to sta~c:iu ds formulated by the Director of Utilitie s of the City.
2. The Licensr c .1"111 notify the City's Director of Utilities at least three (3) ~.ays prior to the time
of commencement of the construction of. or an y repairs made to , Li ce nsee's oridge/culv e'1 so
that the City may, in its discretion. inspt"C t such operation s.
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3. Within thirty (JO) days from the date of the coinmencement of construction of said
bridge/culvert the Lice~e shall complete such construction, place and maintain permanent, •
visible markers , ofa type and at such locations as designated by the City's Director of Utilities,
referring to the centerline of the installation and shal l clear the crossing area of all construction
debris and restore \be area to its previous condition as near as may be reasonable. In the event
the planing of the centerline markers and the clearing and re storation oftbe crossing area is not
completed within the time specified , the City may complete the work at the sole expense of the
licensee .
4. The City shall have the right to maintain , install , repair , remove or relocate the City Ditch or
any other of its facilities or installation s within the City 's rights -of-way, at any time and in such
manner as the City deems necessary or convenient. The Cir; reserves the exclusive right to
control all easements and installations . In the event the bridge/cul vert should interfere with any
future use of the City's rights-of-way by the City , the Licensee shall. upon request and at its sole
expense , rel oc ate , rearrange . or remove its installati ons so as not to interfere with any such use.
5. Any re pai r or rep lacement of any City ins tallation made necessary , in the opinion of the City's
Director of Utilities bec aus e of the construction of the bridge/c ulvert or other appurtenant
installation thereof, shal l be made at the so le expense of the Licensee .
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6. The stipulations ... J conditions of this License shall be incorporated into contract
specifications if the construction herein authorized is to be done on a contract basis .
7. The rights and privileges granted in this License shall be subject to prior agreements, licenses
and/or gra.~ts . recorded or unrecorded , and it shall be the Licensee's sole responsibility to
determine tie existence of said documents or conflicting uses or insta.llarions.
8. The Licensee shall contact and fully cooperate with the City 's perscnnel and the construction
shall be completed without interference with any lawful, usual or ordinary flow r f water through
the City Ditch. Licensc e shall assume all risks incident to the possible presencP. of such war.ers,
or of storm waters , or of surface waters in the City Ditch .
9. All trenches or boles within the City 's rights-of-way shall be backfilled and tamped to the
original ground line in layers not to exceed six (6) inches loose measure to a compaction of
ninety percent (90%) Standard Proctor Maximum Density .
I 0. Licensee , by acceptance of this license, expressly assumes full and strict liability for any and
all damages of every nature to person or property caused by water from the ditch leaking through
the ditch banks or pipeline at the point or points where the Licensee performs any work in
connectiJn "ith the crossing provided by this license. The Licensee assumes all responsibility
for maintenance and installation .
i I . Licensee shall indemnify and save harmless the City, its officers and employees, again.st any
and all claims, damages, actions or caUSt·s of action and expenses to which it or they may be
subjected by reason of said bridge/culvcn being within and across and under the premises of the
City or by reason of any work done or by omission made by Licensee, its agents or employees, in
connection with the construction, replacement, maintenance or repair of saici installation.
12 . It is expressly agreed that in case of Licensee· s breach of any of the within promise s, the City
may, at its option. have specific performance thereof. or sue for damages resulting from such
breach.
13 . Upon abandonment of any right or privilege herein granted. the right of Licensee to that
extent shall terminate . but its obligation to indemnify and save harmless tl,e City , its officers and
employees. shall not terminate in any event.
In granting the above authorization. the City reserves the right to make full use of the property
involved as may be necessary or convenient in the operation of the water works plant and system
under control of th e ity .
2
l.\J \\°l'f''.'iESS WH EH EOF this 111:-trUt.:lll l'nt h,1, h,•c1t ,•\t'1 t1tl·d .1.,; 11f1h1· ,I.!:, •11 d yt•,1r
fir ~t :1ho11c written
!N WI T NESS WHEREOF . this instr ume nt hJ!. bee n execu ted as or the d:iy :inrl yea r first abc ,v e writte n.
ATTEST CITY OP ENGLEWOOD
City Clerk -I.oucrishia A. Ellis
By ---~----:---=---:--
Mayo r -Beverly J. Bradshaw
APPROVED AS TO FORM : ATTEST :
City Attorne y City Clerk
The undersi gned authorized officer of -:----,--~--:------
has read the foregoing License and agrees for and in behalf of :.,1id ----:---::;--;--;---;--:--
------,--:-:-:---:----:--------that it will acce pt and will abide by all the terms and con~itions thereof.
LICENSEE :
ATTEST
Title
(SE AL )
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EXHIBIT
30 FOOT WIDE BRIDGE/CUL VERT CROSSING LICENSE AGREEMENT
LEGAL DESCRIPTIOl'i
SHEET I OF2
A PARCEL OF LAND SITUATED IN THE NORTHEAST QUARTEn. OF SECTION 9,
TOWNSHIP 5 SOUTII , RANGE 68 WEST OF THE SIXTII P.M ., CITY OF ENGLEWOOD ,
COUNTY OF ARAPAHOE , STATE OF COLORADO DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WESTERLY RIGH T-OF-WAY OF THE CITY DITCH,
FROM Wl-ilCH THE CENTER QUARTER CORNER OF SAID SECTION 9 BEARS S
75 °59'36 " W, 930 .02 FEET ; THENCE N 07 °57'20" W, AL ONG SAID WESTERLY RIGHT-
OF-W A Y, A DISTANCE OF 30 .00 FEET ; THENCE N 3:?0 02'40 " E, DEPARTING SAID
WESTERLY LINE , A DISTANCE OF 30 .00 FEET TO A POINT ON THE EASTERLY
RIGHT-OF-WAY OF SAID CITY DITCH ; THENCE S 07 °57'20" E. ALONG SAID
EASTERLY RIGHT -OF-WAY, A DISTANCE OF 30 .00 FEET ; THENCE S 82 '02'40" W,
DEPARTING SAID EASTERLY LINE , A DISTANCE OF 30 .00 FEET TO THE POINT OF
BEGINNING .
THE ABOVE DE SCRIBED PARCEL CONTA!N f: c 1 SQUARE FEET OR 0.021 ACRES ,
MORE OR LESS .
BASIS OF BEARINGS: THE SOUTH I -~ OF THE NORTHEAST QUARTER OF SECTION
9 BEARS N 90 °00'00" E, AS SHOWI'< ON THE BELL ISLE GARDENS SECOND FILING
SUBDfVISION PLA T RECORDED UNDER REC EPTION NO . 475064 .
LICNSEB. WPD
2/27/0l ~
. t~•-:'''''''''':·
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.. :.;,:,<i
ZYLSTRA BAKER SURVEYING , INC
1510 W. TUFTS AVE .
ENGLEWOOD CO 80110
303-781-0700
NE1/4
EXHIB IT
SECTION 9, T. 5 5 ., R. 68 W., 6TH P.M.
CITY OF ENGLEWOOD,
COUNTY OF ARAPAHO£, COLORADO
N
LOT 1
86U 1su· COIIIIONS
SUBDrvtSI0N
\ \\
-· §
CONTAINING
900 SQUARE: FEET
OR 0.021 ACRES
MORE: OR LESS
0 10 2 0 4 0 E\...i""""$$=--:::,
SCA LE : 1 "=20 '
CE NTER 1 / 4 CO RNER SECTION 9
FOUND J 1/•• ALU"-1 CAP IN RANGE BOX
"COLO DEPT or TRANSPORTATI ON
EAST I / 4 CORNER SECTION 9
FGV ND J 1 / 4. ALUM CAP IN RANG E BOX
"CO LO DEPT OF TRANSPORTATIO N
'r5S R?<!W 1/4 591510 1996 PLS NO 2J516"
T5S R6 8W C 1/4 SEC 9 1997 PLS NO 107J•"
N 90•00· oo· E 2639. ,a·
I . THIS EXHIB IT OOES NOT Rl:PRESENT A IIOMJMENTEO SURVEY .
IT IS INTOOE~ ONLY TO DEPICT M ATTACl£D DE SC RIPTI ON .
CITY OF ENGLEWOOD
SCAl!
tl'lt 2/27 /02
A JO .CO F::()T WI DE BRIDCE /CUL VE RT
CRO SS I NG '.. I CENS E AGRE£11ENT
SI TU A TEO : N TH( NOR T~S T O\J AR TER
S(CTI ON 9 . 1 5 S. R 58W . 6 1H p _ij .
Cl TY OF (-.GLEMJOO . COl,><n OF ARAPAHOE.
ST \TE: Of '::lL ORA OO
Sl£ET 2 Qf;
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Date
~ larch 18, 200~
COUNCIL COMMUN ICATI ON
Age nda It em
IOai
STAFF SOURCE
Subject
City Ditch License Agree m ents
fo r 4685 S. Maripos a D r.
INITIATED BY
Util i1ies Depc:?r men l Stewart Fonda, Direct or o f U tilities
COUNCIL GOA L AND PREVIOUS COU NCIL ACT IO N
Not e
RE COM . IENDED ACT ION
The EnglP\' 00d W,1 ter and Sewer Board re commended Council approval by o rdin ance at their Februa ry
13, 2002 m ,eun g of Ih e City Dit ch Li cense Agreem ents fr o m Mr. Robert Sc hwinn.
BACKGROU f lD , ANALYS IS , AND ALTERNATIVES IDENTIFIED
Bob Schw:;in, owner of 4685 S. Mariposa D r. and an adjacent pi ece of property to th e south, submittd
thre e li ce nse ag reem ents . Th e fi rst is fo r new cons tru ction to install tw o water lin es, two 'ian it ary sewer
lines. two gas se rvice lin es and J bri dge/cu lvert ove r th e City's ri gh t-of-way fo r th e City Ditch. Th e next me
is to all ow an ex istin g sewe r and gas lin e to cross th e Ci ty ditch fo r th e res ide nce at ➔685 S. Mariposd L' ·.
The las t li cens e ag re ement is for an exis ting bridge/culvert fo r th e res idence at 4685 5. Mariposa Dr.
Th e Licensee expressl v assumes full and stri ct liahil iIv for any and all damages of eve ry nats re to person or
proper ty caused bv th e point or point s wh ere the Li ce ns ee perform s an y work in co nnection wi th the
crossing provided by the Lic ensee. The City reserves the ri ght to make fu ll use of the property necessary in
the o p erat ion o f th e Ci ty Ditch. Th e Ci ty retains all rights to o perate, maintain, ins tall , repair, remove or
rel oc ated am o f its faciliues located w ith in the Ci ty's ri ght-of-wa y.
Englewood's City A lt omey an d th e Utilities En gineer have reviewed and approved the li cense agreemen ts.
FI N ANCI A~ IMPACT
None.
LI ST OF ATTACHME NTS
Ordinance
Lice nse Ag reements