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Home My WebLink About2002 Ordinance No. 024• • • ORDINANCE N0 . .2:/: SERIES OF 2002 BY AUTHORITY COUNC IL BILL NO. 22 I NTRO DUCED BY COUNC IL MEMBER WOLOSYN AN ORDINANCE AUT HOR IZING A LICENSE AGREEMENT WITH CENTENNIAL WATER AND SANITAT ION DISTRICT FOR CROSSING T H8 McLELLAN WATER LINE EASEMENT. WHEREAS , the Englewood City Council passed Ordinance No. 67, Series of 2001 fo r two easement agreements and tw o tempo rary co ns truction easements, two grants of easement and a Quit Claim De ed for Ce nte nnial's 48" raw water line crossing be neath Englewood's 3 1" McLellan ro w water line ; and WHEREAS, an area a pproximately 20' X 30' wa s inadvertently omitted and will be include d upon approval of this Ordina nce; and WHEREAS, this cro ssing co ntains Ce nte nnial Water and Sanitation Distri ct's 48" pipe , which goes beneath Englewood's 3 1" Mc Lellan raw wa te r line; and WHEREAS, the Englewood Water a nd Sewer Board reco mmended approval of the Lic e nse Agreement to Ce nte nnial Water and Sanitation District at the April 9, 2002, meeting; NOW, THEREFORE , BE IT ORDAI NED BY TH E CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5.e.tt.i.on...l . The ''Li cense Agreement," for a n are a approximately 20' X 30', for Ce nte nnia l Water a nd Sa nitation District's 48" pip e be neath Englewood's 31" McLellan raw water line. attached hereto as "Exhibit A," is hereby accepted and appr oved by the Englewood City Co uncil. ~. The Mayor is a uthorized to execute a nd the City Clerk to attest and sea l the "License Agreement" for a nd on behalf of the City of Englewood, Colorado. Introduced, read in full, and pa ssed on first reading on th e 6th day of May, 2002 . -1- Pubbshed as a Bill for an Ordina nce on t he 10th day of May, 2002. Read by title and passed on final reading on the 20th day of May , 2002 . Publis hed by title as Ordinance No .€i Series of 2002 , on the 24 th day of Ma y, 2002 . I, Loucrishla A. Ellis, City Clerk of the City of Englewood, Co lorado, hereby certify that the above and foregoing is a true CO P}:. oJ the Ordinance sed on final reading and publis hed by title as Ordinance No. aflr Series of 20 . Loucrishl a A. Ellis -2- • • • • • • LICE:-.ISE AGREE~LE:-.IT THJS AGREEMENT. made and entered into as o!"the dav of . :!00:!. bv and betwee n the CITY OF E:-.IG LEWOOD. a muni cipal corpo ratio~f C~lorado . hereinafter (eferred to as '•C ity .. and the CENTE , iN IAL WATER .-\. 'ID SA:-.IIT.-\ TION DISTRICT. a Colorado quasi-mu,icipal corporati on . here inafte r referred to as ·'Di stri ct .. , WlTNESSETH: Th e City without an y warranty of its tit le or intere st wha tso eve r. hereb y authorizes District. its succ esso rs an d assigns. to install a -18 '" ductile iro n water pipeline in the Southeast ¼ of Section 31. Township 5 South. Ranch 68 West of the Sixth Principal Meridian in Arapahoe County. State of Colorado. depicted upon Exhibit A anached hereto and made a pan of: I. An y conmuctio n co nt emplated or perfo rme d under this License sha ll comply with and conform 10 standard s fo rmulated by the Director of Utilit ie s of the City and such construction shall be performed and co mplet ed acco rding 10 the plan s approved by the Ci ty . 2. The District shall notify the City"s Director of Ll tilit ie s at least three (3) day s prio r to the time of co mm ence ment of the co nstruction of. or any repairs made to . the District" s insl.:lllation of the .is•· ductile iro n wa ter pipeline so that the Ci ty may. in its di scretio n. in sp ect such o perati ons . 3. Within thin y (30 ) days from the da te of commence ment of co nstru ct ion of said -18 .. ductil e iron wa ter pipeline . the District sha ll co mplete such construction. plac~ and maintain pennanent. visible markers . of a type and at such locatio ns as designated by the City ·s Director of Utilities. referring 10 the centerline of the installa ti on and shall clear the crossing area of all co nstruction debris and restore the area to its previo us cond itio n as near :is ma y be re aso na ble . In the event the placi ng of the centerli ne markers and the clearin g and restoration of the crossi ng area is not co mpleted wit hin the time specified , the City ma~ complete the work at th e so le expen se of the Di strict. -l . The City shall have the right to maintain . install. repair . remo ve or relocate its facilities or installations within the City·s easement. at an y time and in such mann ec as rhe City deem s necess ary or co nve nient. The City reserve s the exclusive rign, 10 co ntrol all easement and installations . 5. 6 . The sti pulation and co ndition s of this License shall be incorporated int o co ntract specifica tions if the co nstruction herein authorized is to be done on a co ntrac t bas is. The rights and pri vileges grante d in thi s License shall be subject 10 pri or agreeme nts. licenses and/o r grants. rec orded or W\Teco rded . and it shall be the Di strict"s sole respo nsibil it y 10 determine the existence of said documents or confl ict ing uses or installati ons. South Plane Ra" Water Pipeli ne -Phase I A 7. All trenche s or hole s within the Ci t~' s easement shall be backfilled and tampe d to the original g,ound li ne in la yers not to ex cee d six (6) inches loose measure to a compaction of nin ety percent (90%) Standard Proctor Maximum Den sity . 8. Di stric t shall indemni fy and save harmless. to the extent of the law , the City , its officers and emplo yees. against an y and all claims. damages . acti ons or cause s of action and expenses to which it or they may be subjected by reason of said 48" ductile iron water pipe line being within and across th e premises of the City or by reas on of any work done or omission mad e by the District . its agents or employees, in connection with the construction. replacement. maintenance or repair of said -18 " ductile iron water pipeline. 9. ft is expressly agreed that in case of the District 's br iach of an y of the within promise s, the City ma y. at its opti on. have specific performance thereof. or sue for damages re sult ing from such breach . 10. Upo n abandonment o f an y right or privilege herein granted. the right of the District to th at extent sha ll te rminat e. but its obligation to indernnifv and save harmless. to the extent of the law. the City . its officers and e~ploye es. shall not.terminate in an y event. except as to the Ce ntennial Water and Sanitation Di stric t pursuant to the provision of paragraph 8 above . • [n granting the above authorization. th e City reserves th e right to make full use of the • property invo lve d as may be necessa~• or co nvenient in the opera tion of the wate r works plant and system un de r the co nt ro l of th e Ci ty . • South Plane Raw \\ia te, Pipeline -Phase 1 • IN WITNESS WHEREOF , this instrument has been executed as oft!:e day and year first above written. ATTEST : Loucrishia A. Ellis , City Clerk ATTEST : South Platte Raw Water Pipeline -Phase 1 LANDOWNER : CITY OF ENGLEWOD __________ , Mayor CENTENNIAL WATER AND SANITATION DISTRICT ~ 9-/4M1«L ohn Hendrick ==tanager EXHIBIT CR088Nl UCEN8E ,I.Q ~ ~ ~ .. ::J~ ® t~!j ~ N T S 'J/.:j :n ~ l EQl!il_QE ;:i .._RCEL "J' LL ;~0~?;,,'lfno / P..,RC(L "I " OT'< OF -!~"t\::'100 i -8()01( 1517 • 1 --1." _ PA(;( J:57 ° ----l ---===~ N8J72'58•w j ; 1 ·, , -S~2"-16'50'£ t 20.27' 69• SF 1 ' 7.5~' 0 .016 AC 1 11 ! S84'J8"20"W '71 1 I I 9.26' """" ;•U . T1t ·~ ";"... S02'JJ'40'£ 20.88' OTY Of ENCl.!WOOO (XISTINC 20' (AS(M[N T PARCE L ·c· ;o· !SWT. BOOk 57.J •. PAC( 770 n-otlN9rOOC1.-.orl!U't'CSCNf A YCM.W( .. TUI !1,,1111 1,(l ,r •1 CNI..T NfflCICDro~rnc•nAOtCO , ...... _ 1: ,S i~ ,:, i: ·~ ij~ & i "' ;1 L;f ~i o, T ,,,, n •. ~I 770 a,, I ~ 5 1/'-COR l S£Cl1 ROCK Y MOU NTAIN CO NSULTANTS, IN C. SHEET 2 OF 2 Oot,r(I0/0!/01 L.--------~ • • • • • COUNCIL COMMUNICATION Date: Agenda Item· Subject: ,\,\a y 6, 2002 \0a iii License Agreemen l for 48 " Water Line al Mclellan Reservo ir Initiated By: I Staff Source: U tiliti es Departmen t Stewart H . Fo nda, Director of U tilities COUNC IL GOAL AND PREVIOUS COUNCIL ACTION Ordinance No. 6 7, 2001 -Centennial Water & San itati on Dislr iLl. RECOMMENDED ACTION The Water and Sewer Board , at th ei r Apri l 9, 2002, reco mm ended Council approval of th e License Agreement with Cen tennial Water & Sanitation District fo r crossi ng the 20' Mclellan line ease m ent. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED -- O rdi nance No. 67, 2001 was for two easement agreemellt'i, L\O tempo rary co nstruction easements, two grant of easemen ts and a quitclaim deed for a 48" raw water line. An area approximately 20' x 30' was inadvertently omi tte d and would be included upo n approval of th e attached li ce nse abr ee ment, which is for an ar ea in a 30' easemen t that crosses Engl ewood's 20' fool easement. Thi s crossi ng contains Centen nial 's 48" pipe, which goes beneath Englewood's 3 1" Mclellan raw water line. The Licensee expressly assumes full and strict liability fo r any and all damages of every nature to person or property caused by the point or poin!s w here the Li censee performs any work in connection with th e crossing provi ded by the Licensee. The City reserves the ri gh t to make full use of th e property necessarv in th e oµe rati on of the City. Th e City retains all righ:s to o perate, maintain , install, repair, remove o r rel ocated any of its facilities located within the City's right-of-way. FIN ANCIA L IM PACT None . LIST OF ATTAC HMENTS Proposed Bill ior an Ordinance License Agreemen t betwee n th e City of Englewood and Cen tennial Water & Sani tatio n District