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Home My WebLink About2001 Ordinance No. 025• ORDr A CE. O~ SERIES OF 2001 BY AUTHORITY COU ClL BILL NO. 24 INTRODUCED BY COU CIL MEMBER GARRETT AN ORDINANCE AtITHORIZI GA "'CITY P . "d ,tCE i SE AGREEMENT' FOR A STORM DRAI CROSS! G STRUCTURE :;VER TH.f CITY OF E GLEWOOD'S ltIGHT•OF-WA FOR THE CITY DITC H _:2 ~EE . l'HE CITY OF LITTLETON, COLORADO AND THE CITY OF E GLEWOOD , C01 ,ORA.DO. WHEREAS, the Ci ty r,f Littleton co!ll'tructed .: qt,,11 ,, drain crossing atructur" acroaa the City of Englewood's City Ditch Right-Of-Way a d has requested a City Ditch License Agreement for the purpose of a storm drain crossing structure ecrosa the City Ditch Right-Of-Way in the new development to be called Aspen Grove located at 7100 South Santa Fe Dnve on the West aide; and WHEREAS, under the Gity Ditch License Agreement in the event the ,~rossing should interfere with any future use of the E nglewood's Right-Of,Way by Englewood, the City of Littleton shall, upon request and at its sole expens,, relocate, rearrange, or remove its installations so es not to interfere with and such use ; and WHEREAS , und.er t he City Ditch License Agreement the City of Littleton is responsible for the maintenance of the Storm Drain Crossing structure; WHEREAS, the E!lfllewood Water and Sewer Board recommended Council ipproval of the "City Ditch License Agreement" for the City of Littleton's storm drain cro i.ng structure at its May 8th , 20al meeting; OW , THEREFORE, BE IT ORDAL ED BY THE ...:!TY COU~CIL OF THE CITY OP ENGLEWOOD . CO!..ORADO, AS FOLLOWS : ~. The Cit:· Ditch License Agreement" to tbe City of Littleton for the storm dr · crossing strUcture preuoualy cnnstructed over the City's Right-Of-Way for the City Ditch, set forth in "Attac ent l ", is hereby accepted and approved by the City Cou.ncil of the Ci ty of Englewoc , Colorado. ~-The Dir r of l •lities is authonzed to execute the "C ity Ditch License Agreement" for 11J1d on behalf of the City of Englewood, Col orado . Introduced. rea d d pa s~ , first reading on the 21st day of May, 2001. -1- Published as a Bill for an Ordinance on the 25th day of May , 2001. Read by title and pa sed on final reading on t he 41" day of June, 2001. Published by title aa Ordinance o. ,zS , ries of 200 l , on the 8th day of June. 2001. I , Loucrishla A. Ellis . City Clerk of the City of Englewood , Colorado, hereby certify that the above and foreg oing is a true copy of the Ordinance pas on final reading and published by title as Ordinance No . 6?5' Series 200 -2- • • • • • • CJTY DITCH LICENSE AGREEMENT 'l'HIS AGRE E fENT, made and entered into as of thia 2 +~ day of mA';' , 20£1. by and between the CJ'l'Y OF ENGLEWOOD, municipal corpor tion of the State of Colorado. h erein refel'red to as "En lewood•. nd THE CITY OF LITTLETON, a municipal curporation of the State of Color do . whose oddres is 2 255 West Berry Avenue, Lit'leton, Colorado 0165, her ein referred to os "Li ttleton". WHEREA , Engl~wood without any warra nty of its title or intere1,t whatsoever, hereby approves the s rm drun crossing structure (the "Crossing") that h as been previo usly constructed over the City ': Rig ht-Of-Way for the City Ditch. described on Exhibit A consisting on one (l) page attached beret.., and made a part hereof. 1. Englewood s h all have the right to . ne.intain. irutall, repair, re move or relocate the City Ditch or an · other of its faciliti a or iru.tallations within the Eng lewood's Right-Of-Way. at any bme and in such manner a the City deems necessary or convenie nt. Englewood reserves the el'clusive right to control all eabementa and m tallations. [nth event the rossing s ho uld interfere with any future use of the City's Right-Of-Way by the City, t.he Licensee hall, upon request and at its sole expense, relocate, reorr a ng , or remove its installations so as not to interfe re with any s uch use . 2. Any re pair or replacement of any Englewood installations mode necessary, m the opinion o Englewood's Director of U t ilities beeaw,e of the construction of the Cro sing or othe r ppurtenant installation t hereof, s hall be made at the sole e xp ense of the Lice n see. 3 . T he righ and privileges granted in this License shall be subject to prior agreements, licenses and/or gTant.s, recorded or unrecorded. end it shall be t.he Licensee's sole re ons1bilit · to detennme the e xi ste nce of s aid docu ments or conllicting us s or instnllnuon . 4 . The Licensee assum e all r ponsibility of mamtenonce of the Storm Drain ros,mi; structure. ~,. It is expressly agreed th t tn case of Licen ee·s breach of any of the within pr omises. th~ City may. at its option . have specific performance t h e re of, or sue for damag resul mg from uch breach. 6. pon abandonment or ny nght or privile ie herem granted, the nght of Licensee co that e xtent shaU termmate. 7. In gr nung the above ut.ho r m,t1, n, Engl wood re erves the right to make full use of the property mvolved as mrv be ne ce o ry or co nve ruent tn he o perntion of the wat rand 1mg t1on diteh and " stem und er the control of the City . WITNE WHEREOF . this m trument ha been e:ocecu ted :is of the da1· and year first above wri tten. • DATE: L//141#( DATE :-- • • LI E SEE : CITY OF LrITLETON ,,~CJl/..d- LlCEN OR : !TY OF ENGLEWO OD APPROVED : I , • -~~ I By. -----1--'-~ "~~:..=:,::;.~.::;.--=--- Stewart Fonda, Director CITY OF E GLEWOOD oct mg through Md by its Water and Sewer Board By ()11~CM J Chairman -2- I ~ I I ~1 ~n. to • • ..., ~------I: •: ... -(WUJ I . 15' ~ 5:1 J ,, .. co Snee \ Rev i sio s ✓ , I ,.. I I t!. ......,,. ... • VOii ,..,... -., I ,..,, ... ..... DDl~iccc,wt,: .. . ...... --- . - -- 10+00 9-00 1 9 / 2 /00 11£'>1$6) ~ COOT AEDUNES COL RADO OE?AR ME'. ~ 420 1 ton W -0-•.~ COU Cll COMMU ICATIO Subject Date Age nda Item 10 a i License Agreement for City of Littleton Storm Drain Crossing at May 21, 2001 Aspen Grove STAFF SO RCE I m ATED BY Utilities Department Stewart H. Fonda, Director of Utilities CO U CIL GOAL A O PREVIOUS COU CIL ACTIO A Grant of Construction Easement. License Agreement and Quit Claim Deeds for an Excha nge of Real Estate Agreement for the Englewood Citv Ditch to Aspen Grove for the Poag & McEwen Lifestyle Centers as passed by Council on October 16, 000 . Council passed a License Agreement or the Aspen Gro e Lifestyle Center at their January 9, 2001 meeting for allowing tele phone. water and electrical lines to cross the Ci Ditch. RECOMME OED ACTIO The Englewood Water and Sewer Boa rd rec ommended Council appro al at their May 8, 2001 meeting of the Lice nse Agreement with the Oty of Littleton. • BACKGROU 0 , ALYSIS, A D ALTER ATIVES IDENTIFIED The City of Littleton is reque sting a License Agreement for the purpose of constructing a storm drain crossing structure across the City Ditch right-of• ay 1n the new development to be called Aspen Gro e. This will be a retail development that will be part of the Poag & McEwen chain. The cevelopment will be • located at approximate ly 7100 S. Santa Fe Drive on the west side . The c rossing structure condui t was laid prior to the Ci Ditch pipe installa ·on to prevent distlJ ing the ditch aiter the pipe was installed. Fl A CIAL IMP CT one . UST OF ATTACHMENTS Bill for Ordinance License Agreement