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Home My WebLink About2001 Ordinance No. 030• • • ORDl~A.'ICE , 0 . ...lQ. SERIE OF 2001 BY AUTHORITY CO ·cIL BILL. 0 . 30 J);i'R.OO 'CED BY COUNCIL :\!EMBER .:,GA'"-'R~R'"'F."'T,..T~--- . .\...."-ORDl~A.,CE A 'THO R121:--G A." J)."TER CO \1::ID'-'lE, ITAL AGRED[E}!T E)."TITLED ·DEPART:\rE:-JT OF THE AR..\ri RIGHT OF E~RY FOR L :\1RON:\[E:-IT . .\L A.SSE S. IE. 'T . .\. i"D RESPO, SE" BETWEE THE U.S. AP-'>'!Y CORPS OF E::-iGI>.'EER . .\~D THE CITY OF ENGLEWOOD PERTAI:-JING TO THE PL..\ E. CE. ·r OF H1GH-\'OLDIE AIR :\10:-rrTORl~G .il'J' AT THE E. ·cLEWOOD GOLF COL'RSE . ~"HEREAS . the C'. S. Army 'orps of Engmeers wishes to place 11 lu h-volume air monitoring unit at the Englewood Golf Course; and WHEREAS , the air morutorin" urut is needed to monitor the air, off site to ensure the he:tlth, safety and welfal'e of the p u blic and community, in order for the EPA to proceed wtth the rem oval of radioa cci ve conum10at1on at the Shattuck Chemic:il Site : '.\OW, THEREFORE , BE IT ORDA!~D BY THE CITY CO L")lCIL OF THE CITY OF E. GLEWOOD , COL ORADO , AS FOUOWS: ~-The Cicy Co uncil of the Cicy of Englewoo , Colorado hereby authonzes the Intergov eromeaui.l Agreement "Departme nt Of The Army Right 0£ Entry For En\-irorunental Assessment And Response" between li. S . Army Corps of Engineers and the City of Engl ewood . a copy of which is marked as "Exlub1 t A" and atto.ched he=ew. ~-The Mayor 1s hereby authorued to sign said lntergo,:ernmental . .\g:-e e ment on behali oi h e Ci y of Engle wood. In red uced . :ead 10 full. and passed on first reaclin!! on the 4th day of June , 2001. Pubii.;heci as 3 B fo r an Or~ce •J n the th day oi June . 2001. Read by utle anci pa :;s ed on Iinnl readlilll on t he 18th da: oi J .ne , 200 1. -1- Publis hed by title as Ordinance No.30 Series of 2001 , on the 22nd day of June, 2001. I. Loucrishia A. Elli s. City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoin1: ts a true copy of the Orduinnce pa d on final reading and published by title os Ordinance o. ~ Series of 001. --- • • • • • • EXHIBI T DEPARTMENT OF I lit.. Jt: fY RJGHT OF ENTRY 1-(1 ENVlR NMENTAI. AS ESSMENT Al D RF 5 . nvironmental ProleLlion Agency. Region llTV : hatru k Chemical Site) High-Vo lu me Ai r lonitoring nit \ City of Englewood Public Golf Course The undersigned. herein called the "Owner". in consideration for the mutual benefits of !he work described below. hereby grants to the U £TED TATE OF AMERICA , hereinafter called the "Go emmeot". a ri ght -of-ent ry upon the following terms and conditions: I. The Own er hereby grant to the Government an irrevocable and assignable right to enter in. on. over :ind across the land described below. fo r a period not tJ exceed through December 31, _QOJ or approximately '.! months. beginning v.ith the date of the s ignin g of this instrumenL for u se by the nited tah!s . its representatives , agents, contractors and assigns, as a work area for environmental investig:iti n and response · including the right to store move, and remove equipment and supplie : erect and rem ove temporary structures on the land: investigate and collect samples; and perfonn an other such work which may be necessary and incident to the Govenunent's use for the investigation and response on said lands; subject to existing easements for public roads and highways. public utilities, railroads and pipelines · reserving , however, to the landowner(s). their heirs , executers, admini strator~. successors and assigns. all such right. title . interest and privilege as may be used and enjoyed without interfering with or abridging the rights and right-of-entry hereby acquired. __ The owner also grants the right to enter and exit over and across any other lan ds of the Owner as necessary to use the described lands for the purpose li sted above . •. All tools, equipment, and other property taken upon or placed upon the described land by the Government shall remain the property of the Go\·emrnent and may be removed by the Government at any time within a re asonable period after the expiration of this permit or rig bt-of- entry. 4. Cpon the expiration or termination of this right-of-entry the Government shall restore the ground contour, replace any pavement or other cover \ hich was removed or damaged for this work. establish a groundco\·er or g:rass on areas not otherwise covered and reconnec any operatin g utility Lines \~hic h were r uirea to be disconnected or othe mise disrupted. 5. The owners of said property shall not be responsible o r liable for injuries to persons or damage to property when such injwies of damage are caus~d by or result from the Government's use of the premises under the terms oftbe right-of-emry and are not due to the negligence of said owne rs . • • • (u S E,w"""mtnul Pro1«1lon Agency. ~1lon mv Stimuot m 11,) (H1 1h•Volun,c Air loni nns Unit \ C1cy ofEAal twood Public GolfCofflt) 6. The lan d subject to this permit or right-of-entry is located in Arapaho Co unty , tate of Colorado, City of Englewood and is more particularly escrib d as: A tract of land located on the City of Englewood Public Golf Course that lies behind the maintenance building and is show on the annched map marked -'Exhibit I" and made a pan hereof . Owner . Government shall pro~ide a co py of the reports from the monitor . IGNcDTHI THE TE TATE OF A lERI A B . __________ _ Chief, Real Estate Divisio n North, est Omaha Distric t .S. Ann y Corps of Engineers .· ,:·-J _,,. ./( ' .. . I ,.I ~, , · -Su 1~1 / . =-n '1 : •• ., 1,,_, -... --/ ~f ,r • • • I I ' . 1-~l=f..J\,,J·.,.L-b-li-1--1 i ' ..., I , 1 ' ,::'--.'· ·.· ~ ''}J~t · ,- " 1'{·ttsu "''"'ior..-.tt 1 ; , , , -''.' ~-~. :ij r;;:~=-~:;:c_ · -·1Yl.i' ,, · ,~-······-.......... .-.-:_T .,,..,,,.,_ .. ;. 5u ::-'-:-f."'+-,,....-l'r.---,. w~~:~~-~ • <"'Nit• ' ;t! ,,.,, I -••--r--"\ ,, """' tr, ,r.f)ln '" EXHIBIT tl,,;,'f- 1-'\a-..~~ ~bL. ~ \».,.\.-.~\. • • • COUNCIL COMMUNICATIO Date: Agenda Item : Subject: June 4, 2001 11 a i U . S. Army Corps of Engineers Air Monitori ng U nit lnitigted By: Staff Source: •Jepartmen t of Parks and Re creation Da ve Lee, Manager of Open Space - COUN CIL GOAL A D PREVIOUS COUNCIL ACTIO o previous Council action has been t aki,n . RECOMME OED ACTION Staff is seeking Council's support for a bill for an ord inance approving an Intergo v ernmental Agreement with the U . S. Army Corps of Engin eers allowing entry in to and providing for air quality monitoring at the Englewood Municipa l Golf Course . BACKGRO U D, ANALYSIS, AND ALTER , ATIVES IDENTIFIED The En ironmental Pro tection Agency is responsible for remov in g th e ha.zardous contam ination from the Shattuck Chemical Site during the next yea r. The U . S. Anny Corps is requesting access to the Englewood Municipal Golf Course to set up an air q uali ty monitoring station to ensure the safety and welfare of the public and com munity during this operation. Tot! air quali ty monitoring is not to exceed Decembe r 31, 1003 (approximatel y 32 months). FINANCIA L IMPACT Tnere is no financial im pact to the City o f Englewood o r the golf course . LIST OF ATTACHMENTS Pr opose d Air Monitoring O rdinance Right of Entry Agreement Exhibit "A• Lo ca tion Map