HomeMy WebLinkAbout2001 Ordinance No. 068•
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ORDINANCE NO.~
SERIES OF 2001
BY AUTHORITY
COUNCiJ:. BILL NO. 71
INTRODUCED BY COUNCIL
MEMBER GARRETr
AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO
ENTER INTO TWO LICENSE G.!1EEMENTS A.'lD TWO TEMPORARY
CONSTRUCTION EASEMENTS LOCATED NEAR THE INTERSECTION OF SOUTH
SANTA FE AND DAD CLARK GULCH IN ARAPAHOE COUNTY. COLORADO
BETWEEN CENTENNIAL WATER AND SANITATION DISTRICT AND THE CITY.
WHEREAS, the Centennial Water and Sanitation District submitted a Llceme
Agreement and a Temporary CollStruction Agreement to install a 48" ductile iron pipe
and a 7'J:' steel casing within and acr0118 the Englewood City Ditch Right-of-Way
easement; and
WHEREAS. these pipes are for the Centennial raw water line from their new lake
located by the South Platte River, whi ch will be used to pump raw water to Mclellan
Reservoir; and
WHEREAS, the stee l caoing ia to enca&<l the 48" p ipe und.er Santa Fe Boulevard,
the railroad tracka and the Englewood City Ditch Right-<>f-Way easement; and
WHEREAS, the 'i'emporary C onatruction Agree.ment will enable Centennial to uae a
portion of the City of Englewood's eaaement for their construction purpoaee; and
WHEREAS, the Centennial Water and Sanita · ,strict submitted a License
Agreement and a Temporary Construction Agreement to in.stall a 48" ductile iron pipe
to be used as a.a emergency outlet pipe which will be Ub<!d to release water back into
the South Pla tte River: and
WHEREAS, a Tempo1ary Construct.lon Easement will e.nable Centennial to use a
portion of the City of Englewood easement for their outlet pipe construction: and
WHEREAS, the Englewood Water and S e wer Board reviewed and recommended
approval of these licenses and easements at their October 9, 2001 meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
S!:s;tiwu.. The "License Agr e ment" attached hereto as "Exhibit l ", fro::u the City
to Centennial Water and Sanitation District is hereby accepted and approved b y the
Enclewood City Council.
~-The "Temporary Conatruction Easement" attached hereto as "Exhibit:.·.
from the City of Englewood to the Centennial Water and Sanitation District ie her,hy
accepted and approved by the Englewood Ci ty C>un<;i; .
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~-The "Licen.e Agreement" to Centennial Water and Sanitation Ouotrict
attached hereto as "E.xhibit 3", from the City of Englewood i• hereby accepted and
approved by the Enclewood City Council.
~-The "Tem:v ,1rary Construction Eaaement" attached hereto u "Exhibit 4",
&om the City of Englewood to the Centennial Water and Sanitation District is hereby
accepted and approved by the Englewood City Council.
~-The M&,yol' is authorized to execute and the City Clerk to atte.t and aeal
the "License A-'"emen t" for the raw water line to Centennial Water and Sanitation
District for an on behalf of the City of Enalewood, Colorado.
~-The Director of Utilities is authorized to exe'.-Ute the "Temporary
Construction Easement" for the raw water line to Centen.nial Water and Sanitation
District for an on behalf of the City of Englewood, Colorado.
~-The Mayor ia authorized to execute and the City Clerk to attest and aeal
the "License Agrei,ment" for the outlet pipe to Centennial Water and Samiation
District for an on behalf of the City of Englewood, Colorado.
~-The Director of Utilities ia authorized to execute the "Temporary
Construction Easement" for the outlet pipe to Centennial Wate.r and Sanitation
District for an on behalf of the City of Engle wood. Colorado.
Introduced, read in iull. and paued on 5.ret reading on the 5th day of November,
2001 .
Pub!idbed "" a Bill for an Ordinance on the 9'" day of November, 2001.
Read by title and paaaed on final reading on the 19th day of November, 2001.
Published by title aa Ordinance No.~ Series of 2001, on the 23rd day of
November, 2001.
I , Loucrishia A. Ellis. City Clerk of the City of E:..glewood. Co
that the above and foregoing is a true copy _of the Ordinance P. s e
and published by title aa Orilinance N o.~ Serie ■ of 01
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LICENSE AGREE!'vlENT
THIS AGREEMENT, made and entered into as of the l'1" day ofCt1i/ti, 2001, by and
between the CITY OF ENGLEWOOD, a municipal corporation of Colorado. hereinafter referred
to as "City" and the CENTENNIAL WATER AND SA.i'llTATION DISTRICT. a Colorado
quasi-municipal corporation. hereinafter referred to as .. District'",
WITNESSETH: The City without any warranty of its title or interest whatsoever,
hereby authorizes District, its successors and assigns, to install a 48" DI pipe and TI" steel casing
within City's right-of-way for the City Ditch across the City 's rights-of-way for the City Ditch,
descnocd as a parcel of land siruatcd in the East ½ of Section 32, Township 5 South, Range
68Westofthe 6.,. Principal Meridian, Arapahoe County. State of Colorado, depicted upon
Exhibit A attached hereto and made a part of:
l . .--11y constn1Ction contemplated or performed under this License shall comply with and
conform to standards formulaled by the Director ofUtilities of the City and such
construction shall be performed and completed according to the plans approved by the
City.
2. The District shall notify the City"s Director of Utilities at least three (3) days prior to the
time of commencement of the construction of, or any repairs made [O, :he District's 4r
Dl pipe and TI" steel casing so that the City may in itli discretion, insp...-ct such
operations.
3 . W ithin thirty (30) days from the date of commencement of construction of said 48" DI
pipe and n" steel casing, the Di.strict shall complete such construction. place and
maintain permanent, visible lll!lrkers, of a type and at such locations as designated by the
City's Director of U tilities, referring to the centerline of the installation and shall clear
the crossing area of all construction debris and restore the area to is previou· · ;::· ~
near as may be reasonable. In the event the placing of the centerline mark•
clearing and resto, .. tion of the crossing area is not completed within rh.e tin,e ~flC<. : .... I
the City may complete the work at the sole e:-cpense of the District.
4 . The C ity shall have the right to maintain, install, repair, remove or relocate the City Ditch
or any other of its facjljties or installations within the City's rights-of-way, at any time
and in such manner as the City deems necessary or convenient. The City reserves the
exclusive right 10 control all easement and installations.
5. The stipulation and conditions of this License sbaU be incorporated into contract
specifications if the construction llerein authorized is to be done on a contract basis.
6. The rights and privileges granted in this License shall be subject to prior agreements,
licenses and/or grants, recorded or unrecorded, and it shall ·e the D istrict's sole
responsibility to determine the c.,tlstence of said documents or conflicting uses or
installations.
South Plane Raw Water Line -Phase ll
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7. The District shall contact and fully cooperate with the City" s personnel and the
construction shall be completed without interi'erence with any lawful, usual or ordinary
flow of water through the City Ditch. 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.
8. All trenches or holes 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 measw,: to a compaction
of ninety percent (90%) Standard Proctor Maximwn Density.
9 . District shall indemnify and save harmless, to the extent of the law, the City, its offi.ccn
and employees, against any and all claims, damages, actions or causes of action and
expenses to which it or they may be subjected by reason of said 48" DI pipe and 72" steel
casing being within and across the premises of the City or by reason of any work done or
omission made by the District, its agents or employees, in connection with the
construction, replacement, maintenance o r repair of said 43 •· DI pipe and TI" steel casing.
It is expressly agreed that in case of the District's bteach of any of the within promises,
th.e City may , at its option, have specific performance thereof. or sue for damai~es
resulting from sw:h breach.
10. Upon abandonment of any right or privilege herein granted, the right of the District to
that extent shall terminate, but its obligation to indemnify and save barmle:.s, to the extent
of the law, the City, its offic.ers and employees, shall not terminate in any event, except :is
to the Centennial Water and Sanitation District pw-suant to the provision of paragraph 9
above.
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 the control of the City.
South Platte Raw Watc~ line -Phase 11
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IN WITNESS WHEREOF, this instrument has been exeeuted as of the day and year fim
above written .
ATTEST :
Loucrishia A. Ellis, City Clerk
APPROVED:
~ J . ase
Dutrict Engineer
South Plane Raw Wat.er Linc -PbAsc 11
LANDOWNER:
CITY OF ENGLEWOD
Beievue~rJoJ y~i.....awrc.iewdAJebcueu.wt...---' Mayor
CENTENNIAL WATER AND
SANITATION DISTRICT
~~ Hendrick
cntl Manager
EXHIBlT A
CROSSING LICENSE AGREEMENT
Ll!.OAL DliSCRIYTION
/I CROSSING LICENSE FOR wATERLINE PURl'OSES LOCATED IN TIIE EAST ONI! IIALFOFTIIE
SOUTlll!AST QUARTER OF Sl!C l"ION Jl, TOWNSIIIP S SUUTII, R/\NGI! ti& WEST OF TIIE SIXTH
rRINCIPAL MERIDIAN MORJl P/\R'flCULARL Y DESCRIBED A FOLLOWS:
COMMENCING ,H TIii! NORTUWP.ST CORNER OF TIii! EAST ONE IIALF OF TIIE SOUTHEAST
QU/\RTER; Till!NCE SOUTII 2'1'S\r4!" EA ST 4 JJ.I I FEET TO A POINT ON TIii! WEST LINE OF a
OITC II E/1.SEMENT OWNEO 8 Y TJIE C ITY OF ENGLEWOOD M ,:"J TIIE POINT Of BEGINNINO;
TIIENCE SOUTII 6&'1741" EAST 0.01 FEET TO /I l'OINTOrlTl!i! l!/\STERLY LINBOF SAID DITC:11
EASEMENT AND A POINT ON A NON-TANGENT CURVE: nlEN E CONTINUINO ALONG TIie
SAID EASEMENT ANO ALONG TIIE ARC OF SAID CURVE TO TIIE LEFT 44..SI Fl!l:T'Wml /<
C ENTRAL ANGLE OF J6°lS'20" 11/\VINO /1. RADI US OF 70.02 FEET /I.ND /1. CHORD BEARING SllUTil
06"14'03" EAST ◄J .77 FEET TO /I POINT Of CURVE; nlENCEALONOTill!ARCOFSAlDCURVETO
1111! LE FT 1.94 FEET WITH A CENTRAL ANGLE OFOO"S\1'39" IIAVING A RADIUS OF 112.02 ANDA
CIIORD BEARJNO SOUTil 24'52'58" BAST 1.94 FEET T O A POINT: THENCE LEAVING SAID
EASEMENTNORTll 61"1741" WEST60.39 FEET TO A POINTONTIIE ESTERLY LINE OF S ID
EASEMENT AND A POINT ON A NON-TANGENT CURVE; TilENCE NTINUINO ALONG 5, D
E/<SEM::NTON TIii! ARC Of SAID CURVE TOTI IE Rll:alT 41.!1 FEET WITil A CENTRAL ANGLE
OF IB"Ull" HAVING /I RADIUS OF 127.94 FEl!T AND A CHORD BEARING NORTII OS"l7'0l" EAST
41 .6) fl!EfTO THE POINTOF BEGINNING;
TIIE /I.BOVE PARCEL OF LAND CONTAINS 2,IJ9 SQUARE FEET OR 0 .009 /1.CRES, MOR£ OR Ll!SS.
Crmsifla Licawe .,..,_
EmorR.ewWua-
Job No. 07l3.0?9.02
Jvly II , WOl •IJdc:
OUWAVNE . P:-tl
FOR AND ON BEHALF
ROCKY MOUNTAIN CONSULT/\NTS, IN C..
1301 I!. PRENTICE AVE. #IOI
ENGLEWOOD, CO 80111
()OJ) 74 1-6000
DATE· '{µz/41
SHE ET I OF 2
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EXHIBIT A
POINT OF COMMENCEMENT
NW C0R. £ 1 /2, SE 1/4 SEC. l 2
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~a" PERMANENT
C IAl&.SO EASEMENT
NlS
Mrl« .. raauNOf..,.....t
a IIIICMACMllll alNO. ff ■ Gill'
.. IO«II ""...:r N "".ao,aa, --ROCKY MOUNTAIN CONSULTANTS, INC.
ENT' E>CHIII'
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Sl'EET 2 Of 2
,,.,. (JllJ} 7•1-IIN
TEMPORARY CONSTRUCTION E.-\SE~IE.:'\IT
THIS AGREEMENT. made and entered into as ofd!e /sf"dav of ttc/~~2001. bv and
between the CENTENNIAL WATER A.1'm SANITATION DISTRlCT (~nnial'l. a.
Colorado quasi-municipal corporation wbose principal place of bu.sin~ is 62 West Plaza Drive,
Hiihlaods Rancb . Colorado 80129 and the CITY OF ENGLEWOOD rEng!ewood"), a
Colorado municipality wbose principal place of business is IOOO Englewood Parkway.
Englewood, Colorado 80110.
WHEREAS , C~ntennioJ desired ro install a -18" DI pipe and 72" steel casing through the
City Ditch right-of-way to convey raw water between the South Platte Reservoir and Mclellan
luservoir; and
WHEREAS, CemenniaJ is required to install a 48 '" DI pip and 72" steel casing project in
an Englewood City Ditch right-of-way in the location depicted upon Exhibit A attached hereto
and made a pan hereof (the "Project"); and
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2.
THE PAR.TIES covenant and ~e as follows :
Description of Project. Centennial will install a ➔8 " DI pipe and 72" steel casing by bore
in the Englewood City Ditch right-of-wav beginning in November 200 I . After the pipe
is installed. which is no later than June 2002. Centennial will do what is reasonably
necessary to restore the property to the original condition.
Right to Store Materials : Englewood agrees to permit Centennial or it 's Contractor. in
conjunction with the consD"Uction and installation of the pipe. to store pipe and equipment
on the site as indicated on tbe ~bed drawing. C<!Iltennial agiees to erect a temporary
security fence around the smrage site and maintain adequate security for the site at all
times. Centennial further agrees to comply with all State and Fede.ral statutes and
regulations regarding the handling, storage and clean up of any hazardous material used
by Centennial, its employees. agents and assigns in conjunction with the Project. The
location of the Temporary Construction Easement is as depicted in Exhibit "A".
3 . Length of Agreement: This agreement shall expire on June 30, :2002 . However, the
South Plane Raw Water Pipeline Phase n Project shall not begin before November I ,
2001.
4 . ~: Centennial or its Conaactor shall have temporary non-exclusive right to enter
the property for any reasonable pUipOse necessary for the constrUction of the Project
subject to the following restrictions: I) Normal working hours s hall be from 7:00 a.m. to
6 :00 p.m ., 2) The operation of equipment and heavy trUcks will be permitted on the
property only during normal working hours, 3) Centennial will comply with all City of
Littleton requirements regarding emergency access to the property.
South Platte Raw Water Line-Phase 11
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5. Restoration : Centennial or its Contractor will do Whal ia necessary to restore the property
to ilS original condition including but not Emiled to : regrading the property under this
agreement and reseeding the property . The restoration is to be completed by the
expiration date of this Temporary Ea,emcnt.
6. Site Condition: Centennial or its Contractor will provide security for the site llt all times .
In additio n. Centennial will endeavor to keep the site in a visually acceptable manner
during the terms of this q,:eemcnt, and Centennial will mainlllin adequate d\lSt colllrOI
either by regularly spraying the exposed soil with water or other ~eptable means.
7. Liabili ry : Centennial or its Contractor agrees to be liable and hold harmless Englewood,
its employees, tenanU, guests and invitees, from any claims, causes of action, and
liability which may occur as a result of the actions of Centennial including the cost of
defending against sw:h claims.
8. Insurance : Centennial or its Contractor shall maintain in full force and affect a valid
policy of insurance for the Project in the amount of S600,000 property covmige and
$600,000 liability coverage. Centennial or its Contractor fwthcr agrees that all
Centennial or its Contractor employ~, contractors and subcontraetors working on the
Project, shall be covered by adequate Worker's Compensation .
CITY OF ENGL EWOOD
')~i~
Stcwan Fonda
Director of Utilities
South Platte Raw Water Line -Phase II
CENTENNIAL WATER AND
SANITATION DISTRICT
EXHIBIT A
CONSTRUCTION EASEMENT
LEO,\L DESCRIPTION
T WO EASEMENTS FOR CONSTIUJCTION PUR PmES LOCATED IN Tl IE EAST ONE HALF Of TIie
SOlJTIIEIISTQUIIRTEROf SECflOt, ll, TOWNSIIIF 5SOUT11, ll/lNG£ 68 WESTOFTIICSIXTH FlllNClrAL
MER IDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT me NOII.TIIWEST CORNEil OF TIIE EAST ONE IIALF Of TIIE SOOTlll!ASTQUARTER:
TilllNCfi soun1»•,n•· EAST JO.U7 FEET TO THE POINT OF DEOINNINO;
TIJENCE sour1101•1 r• l"EAST7l." f f.ET ; TIIEN,_E SOIJTJI 16-0l'J ◄" WEST 21.CM fE.J!T;TIIENCE SOU111
1J"ll'42" WEST2990FEF.TTOA POINTON TUE NORTIIERLY LINE OF A DITCII EASEMENT OWN ED DY TIIE
C ITY Of c.NGLl!WOOO: TIIENCE ALONG TIIE NORTIIERL V LINE Of SAID OrTCII EASEMENT SOUTH
66°19''5" EAST 24 ,71 FEET; TIIENCE CONTINIJINO ALON<l SAID DITCII EASEMENT90Ul11 ll"l8'46" Wl!ST
ll.CM FE6TTO A POINT OF CURVE; TIIEN E ALONG TUE ARC OF A CURVE TO TIIE LEFT 15.91 FEET WITII A
CF.NTIIAL A N<lll! OF ll'tM'l9" IIAVINO A RIIOIUS OF 70.Dl FEET ANU A OIORD HEARING SOUTll 18"30'56"
WEST ll.95 FEET TO A l'OINT;TIICNCELl!AVING SAID OITCII EAS6MENTNORTI161"1741" WEST50.0I
fllETTO A POIN'fUN A NON-TANGEN'fCURVE ANOTIIE WESTERLY LINEOFSIIIO OITCII EASEMENT:
TIIEN ECON'flNUINO ONTIIE WESTERLY LINEOFSAIODITCII EASE/,tEN'f ALONOTIIE ARC OF SAID
CUR\IE TOTIIElllOtlT 17.36 FEETWITII A CENTRALANOLEOFOT••ssa· IL\VINO A RADIUS OF 121.9" Pl!BT
ANDA CIIOIID BEAIINO NORTH 1rsz11s· EAST 17.JS FEET TOA POIITT; TIIENCIIALONO SAIDEASEMEl'ff
NORTll lJ"lr~•EAST lO..SI FEET;TIIENCE LEA VINO SAID DITCH EASEMEHTNOATH 69"07'1 l•Wl!ST46.S)
FEl!T: TltVCE Notmt ll")9'J5" BAST SUI FEET TO TIU! POINT OF BEGINNING.
Tl IE ABOVE PARC EL OF LANOCON'rAINS 5692SQUAREFEETOR O.IJI ACRES. MORE OR LESS,
~
COMMENCINO ATTIIE NOII.TIIWEST Cort.NER OF THE !tAST ONE IIALFOF TIIE SOUTIIEIISTQUARTER;
TIIUNCE SOUTII 27"01'26" EAST46U& FEET TOA POINTONTIIE WEST LINE OF A DITCH EASEMENT
OWNED BY TIIECITY OF ENGLEWOOD AND TIIE POINT OF DEOINNINO;
TIIENC"ESO.ffll 61 •17'4 1"' EAST60.l9 FEET TOA l"O INTONTIIEEASTERLV t..lNE OF SAIDDIT"Ctl
F.ASEMUN'f ANDA POIN'fON A NON,TANGENTCURVE: THENCE CONTIN UING ALONGTIIESAIO
EASfcMEN'f AND ALONG me ARC OF SAID CURVE TOTIIE RIGIIT 15.96 FEET wm, A CENTRAL ANGLE OF
13•14•4 z • IIAVING A RADIUS OF 112 .0Z FE.ET ANO~ CIIORD DEAR I NO SOlJTil 17•44''41'" EAST2.S .ff FEET TO
A l'OIITT: TIIENCE U!AVINO TIIE EASTERLY LINE OF SAID OITCII EASEMENT NO«TII 61°17''1" WEST 64.99
FEET TO TII! WESTUL Y UNE OF SA ID DITCII EASEMEN'r D TO A rDIN'f ON II NON-T ANOEN'f CUR VE;
THEIK'E A UlNO TIIE WEST£1lL ', UNE OF SAID OrTCII EASE IE NT A ND AlotKl TIIE A RC OP /, CUil VE TO
TIIE RIGIITIJ.21 FEET Wml A CENTRAi.ANGLE Of 10·1si,· IIAVING A RADIUS OF 127.!M FEET ANDA
CHORD DEARING NORTH or,r:w· WEST lJ.lj FEET TO TIIE rolt,TOF BEGINNING;
TI IE ABOVE PARCEL OF LANO CON'r AINS I 17' SQ\)ARE FEET OR O.Ol9 ACRES. MORE OR LESS.
Ol;ARINGS ARE DASEOON TiiE WfST LINE OFTI IE EA 1/4 OF SAID SECTION 32 ,
DEARING NOltTll 00-ll'SS" EAST,
COllllntelloa .e-1
fnlorR.l•Wlln
I• No, 07)3.079.az
July II, 2001 , .,i.
OUWA PIIILLI
FOR ANDO OEIIALf OI'
ROCKY MOUNTAIN "DNSULTANTS. INC.
UOI E PREITTI CEAVE.1101
ENO LE WOOD. CO IO 111
t JOl) 741-6000
D"re ~/
SllUT I OP2
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EXHIBIT A
00N8TflJCTI0N E'IBB.BIT EXHEIT
40" PERU ANE N T
CW&SO EASEMENT
20 TEMP. CONST. :;;I CW&S0 EASE MENT
.. otalf OGD IICI ' .,...,.,
A ..... ,.,nu all'CY. IT II 11111.T
•IDllroll TV CIU'ICT .. AnoltDD
ODCll"!-
ROCKY MOUNTAIN CONSULTANTS , INC .
~.:I 1./.J
TEM P CON H . ~,:!!I ~j
CW&S0 ESMT .
0 TH VARIES ) E XI STING
30" ESt.4_1/
~ -, __ __
BOOK 27JJ
PAGE 600
SHEET 2 OF 2
r,1,1 (M .J) ,•t -flot
LICENSE AGREEMENT
THIS AGREEMENT, made and entered into as of the E day of~ 2001, by and
between the CITY OF ENGLEWOOD. a municipal corporation of Colorado, hereinafter referred
to as "City~ and the CENTENNIAL WATER ND SANITATION DISTRICT, a Colorado
quasi-municipal corporation. hereinafter referred to as "District".
WITNESSETH: The City without any warranty of its title or interest whatsoever,
hereby authorizes District. its successors and assigns, to instal.l a 48 .. DI pipe in Arapahoe
County, State of Colorado, depicted upon Exhibit A anached hereto and made a pan of:
1. 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 approved by the
City .
2. The District shall notify the City's Director of Utilities at least three (3) days prior to the
rime of commencement of the construction of. or any repairs made to, the District's
installation of the 48" DI pipe so that the City may, in its discretion. inspect such
operations.
3. Within thirty (30) days from the date of commcncemen! of construction of said 48" DI
Pipe, the District shall complete such construction, place and maintain permanent, visible
maders, of a type and a1 such locations as designated by the Ciry's Director of U tilities,
referring to the centerline of the installation and shall clear the crossing area of :ill
construction debris and restore the area to is previous condition as near as may be
reasonable. In the event the placing of the centerline markers and the ciearing 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 District.
4 . The City shall have the right to maintain. install, repair, remove or relocate its facilities or
installations within the City's easement. al any rime and in sucb manner as the City
deems necessary or convenient. The City reserves the exclusive right to control all
easement and installations.
5. The stipulation and conditions of this license shall be incorporated into contract
specifications if the constru.ction herein authorized is to be done on a contraet basis.
6. The rights and privileges granted in this License shall be subject to prior agreements.
licenses and/or grants, recorded or unreco rcred. and it shall be the District's sole
responsibility to determine the existence of said documents or conflicting uses or
installations.
Englewood -Old Pump Station Crossing -SPDD2. I
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7. All ttenchcs or holes within the City's easement shall be bacldillcd and wnped to lhe
original growid line in layers not to exceed six (6) inches loose measure to a compaction
of ninety percent (90%) Standard Proctor Maximum Demity.
8. District shall indeDlJlify and save harmless, to the extent of the law, the City, its officers
and employees, against any and all claims, damages. ~lions or causes of action and
expenses to which it or they may be subjected by reason of said 48" DI pipe being within
and across the premises of the City or by re:ison of any work do1:1e or omission made by
tbe District, its agents ur employees. in collllCCtion with lhe construction, replacement,
maintenance or repair of said 48" DI pipe.
9 . It is expressly agreed that in case of tb.e District's breach of any of the within promises,
the City may. at its option, have specific performance thereof: or sue fur dama&es
resulting from such breach.
I 0. Upon abandonment of any right or privilege herein granted, the right of the District to
that CJCtcnr shall terminate, but its obligation 10 indemnify and save harmless, to the CJCtcnt
of the law, the City, its officers and employt.-es. shall not terminate in any event, except as
to the Centennial Water and Sanitation District pur.;wmt lO the provision of paragraph 8
above.
In granting the above authorization, lhe City reserves the right to make full use of the
property involved as may be necessary or convenient in the operation of the waieT works plant
and system under the control of the City .
Englewood-Old Pump Station Crossing -SPDD2.l
rN WITNESS WHEREOF , thi.s instrument has been executed as of the day and yes tint •
above wrinen.
A'ITEST:
Loucrishia A . Ellis, C ity C leric
APPROVED :
:Wif.5(µ
. t Engineer
LANDOWNER:
CITY OF ENGLEWOO
...JB<!-'et>1v:e.err.Jl~)l~-.llB-.rawd~euib111.aw.__,, ~(ayor
CENTENNIAL WATER AND
SANITATION DISTRICT
~j.,,.,J
General Manager
Enalewood -Old Pwnp Station Crossing -SPDO2. I
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EXHIBIT
CROSSING LICENSE AGREEMENT
LEGAL DESCRIPTION
A CROSSINO LICENSE POil WATERLINI! PURl'OSES LOCATED IN TI IE SOUTil!:.AST QUAJI.TER
OF Sl!CTION 11 , TOWNSHIP 5 SOt/TH, lllt.NOE 68 WEST OF TIIE Sl lffll PRINCIPAL MEllIDIAN
MOR.I! PARTICULARL V DBSCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORl'IER OF SECTION JI : Tllf.NCE SO UTH 27'11746"
WEST 111.49 FEET TO A l'OINT ON T UE NOii.TI IERL Y Ul'IE Of PARCEL "O" 115 RECORDED
AT BOOK '714 AT PAGE 170 ANO TUE TRUE l'OINTOP BEGINNING;
TIIENCll SOUTII 0)"37'10" l!J\ST 20.00 FEET TO THE SOUTI IEHLY LINE OF S AID rARCEL "'G ":
TIIENCll CONTll'IUING ALONG TllE SOUTIIERL Y LINE OF SAID rARCE L "O" so • 'TH 16"U'l8"
WEST H .00 FEET: THENCE NORTII Dl"lTJO" WEST 20.00 FEET TOTIIE NORTHER LY LINEOF
SAID PARCEL "v'; IBENC B ALONG TiiE NORTii ERLV LINE Of SAJD P1\RCEL ·o·· NORTII
86"44'29" EAST :Z.S .00 FEET TO THE TRUE l'OINTOf OEGINNINO:
THE ABOVE PARCEL OF LJ.ND CONTAINS SOD SQUARE FEET OR 0 .012 ACRES, MORE OR LESS.
BEARINGS ARE BASED ON TllE EAST LINE OF TUE SOUTIIEAST 1/4 OF SAID Sl!CTION JI,
BEARING NORTH 1111'11'57" EAST .
Crmain1 Lii::erae Aa:r--ment
-ll&W Wll<I'
Job Ho. 1J95.020.0l
Scp1cmbct 11 , 2001 • sdc
DUWAYNEM .
FOR AND ON BE
ROCKY MOUNTAI
830 I E. PRENTICE AV ·.
ENGLEWOOD, CO 80 111
()03) 711-6000
DAT!!: Oq/1 1 lot
I
SHEET I Ofl
EXHIBIT
N86.44 '28"£
25.00'
(XISIINC CITY 0.
ENGLEWOOD ESMT
Bl< 27 JJ, PG 598
PARCEL •s·
EXISTING CW&SO ESMT
BK 573<, PG 770
RC'CICY MOUNTAIN CONSULTANTS, INC. ---1,JDI (. ~ ......
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P~RCEL "C" m :::,
DISTING CW&SD ESMT 1
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Bl< 5734, PC 770 .:i
SEC
32
SHEET 2 OF 2 •
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TE:VlPORAR.Y CONSTRUCTIO EASEMENT
THIS AGREEMENT. made and entered into as of the rf" day ofl ~(~£t.. 2001 , by and
between the CENTENNIAL WATER AND SANITATION DISTRICT ("Centennial"), a
Colorado quasi -municipal corporation whose principal place ofbusiness is 62 West Plaza Drive,
Highlands Ranch. Colorado 80129 and the CITY OF ENGLEWOOD ("En glewood"), a
Colorado municipality whose principal place of business is 1000 Englewood Parkway ,
Englewood.. Colorado 80110.
WHEREAS, Centenni:il desires to install a 48 '" DI pipe through Englewood's easement;
and
WHERE.AS , Centennial is required to install a 48~ DI pipe in an Englewood casement in
the ocation depicted upon Exhibit A attached hereto and made a pan hereof (the ''Project"); and
THE PAR TIES covenant and agree as follows :
l. Description of Pro ject. Centennial will install a 48" DI pipe by open cut in Englewood's
easement beginning in Decembet 200 I. After the pipe is installed. which is no later than
April 2002, Centennial will do what is reasonably necessary to restore the property to the
original condition.
2 . Right to Store Materials: Englewood agrees to permit Centennial or it's Contractor, in
conjunction with the construction and installation of the pipe. to store pipe and equipment
on the site as indicated on the attached drawing . Centennial agrees to erect a temporary
security fence around the storage sire and maintain adequate security for the site at all
times. Centennial further agrees to comply with all State and Federal statutes and
regulations regarding the handling, storage and clean up of any hazardous mat.erial used
:entennial. it.s employees. agents and assigns in conjunction with the Project. The
10<.ati on of the Temporary Construction Easement is as depicted in Exhibit "'A"'.
3. Length of Aiueement: This agreement shall expire on April. 2002. However, the
installation of the -+8 '" DI p ipe shall not begin before December 200 I .
4. Access: Centennial or its Contractor shall have temporary non-exclusive right to enter
the property for any reasonable purpose necessary for the construction of the Project
subject to tbe following restrictions : I) Normal working hours shall be from 7 :00 a.m. to
6 :00 p.m ., 2) The operation of equipment and heavy trucks will be permitted on the
property only during normal working hours, 3) Centennial will comply with all C ity of
Linlcton requirement.s regarding emergency acces s to lhc property .
S. Restoration: Centennial or it.s Contractor will do what is necessary to restore the property
to it.s original condition including but not limited to : regrading the property under this
agn:cment and restoring the property. The restoration is to be completed by the
expiration dale of this Temporary Easement .
Enalewood -Old Pump Station Crossing -SPDD2. I
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6 . Site Condition: Centennial or its Contractor will provide security for the site i.! all times.
ln addition, Centennial will endeavor to keep the site in a visually acceptable maru.-er
during the tmm of this agreement, 11.11,i Centennial will maintain adequarc dust cont:ol
either by regularly spraying the exposed soil wilb water or other acceptable meam.
7. Liability: Centennial or ics Contractor agrees to be liable and hold hmm.less Eni!ewood,
its employees, tenants, guests and invitees, from any claims, causes of action, and
liability which may occur as a result of the actions of Centennial including the cost of
defending aaamst such claims.
8. lnsurance : Centennial or its Contractor shall maintain in full force and affect a valid
policy of insurance for the Projcc:t in the amount of $600,000 property coverage and
$600 000 liability coverage. Centenr.. J or its Contractor further agrees that all
Centennial or its Contractor employees, contractors and subcontractors working on the
Pro: !Ct, shall be coven:d by adequate Worker's Compensation.
CITY OF ENGLEWOOD
S'"hoJi ~
Stewart Fonda
Director of Utilities
CENTENNIAL WATER ANi>
SANITATION DISTRICT
Disttict Engineer
Englewood -Old Pump Station Crossing -SPDD2 . l
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EXHlBlT A
CONSTRUCTION EASEMENT
LEGAL DESCRIPTION
,\N l!MEMliNTl'O« COHSTllUCTIONPURPOSl!S LOC,.TI:DINTIIF.SOUTHEASTQUARTEJIOPSECTION ll,
mwNSIIIP l SOUTH, RM<Cll! 61 WESTOI' Til6 SIXTII PRltJCIPAL M ERIDII\N , MORe PARTICIJL,\RLY
DESCalllED I.S FOLLOWS,
COMMENCINO ATTIIE NOIITIIEASTCORN ER OFTIIE SOUTI IEASTQUI\RTER OF SA ID SECTION JI:
·111eNC!!SOU11126"16'11° ... ESTl,0.74 Fl!ITTmA ro1NTONTIIF. smm1 I.INEOP ACENTl:NNIAL WATEJI
,.NO SA.,._rfATK>N DISTRICT EASEMENT AS flECOltDCD IN 90UK '71• A'f PAOI! 110 AN0Ttl6 NORTII LINE
OF A CITY Of' ENClL£WOOD EASEMENT AS RECORDED AT llOOK 27 )) AT PAOe l91 AND n1e POINT 01'
DEOINNINO,
THENCE soum 0)0 )1')0· EAST )6.04 FEETTO A POINT ON TIIE ORTI I LINE OF;.. CENTENN IAL WATER
ANl>SANrTATION DISTIUCl'EASEMENT ,\S RECOROl!IJ IN 000~ 6719ATPAOE507:Tlll!NCESOlffil
16'44'21" WEST 111.09 FEET ,\LON<'i TII E NORTII LINE OF s.-.m CW&SD EAS1!1,IENT. A C WILSD EASEMENT
RECOIIDED IN ll()(l!. 6719 ATPAO6 Slol AND A CW&SD EASEMENT RE CORDE D AT DOOi( ll74 AT PA CE 770
TO A POINT ON TIIE SOUTH PLATII! P,-RK BOUNDARY: THENCE NORTH 0l0 )7'JO• WEST ALONG SAID
so1m1 PLATT1! P,\RK BOUNDARY 16.00 FEeT: TIIENCE NORTII 86°22')0° EAST 16 .09 FEST: TIIENCII NORTII
03"l7'l0" WEST 19,'9 FF£f1~ ,\ ,OINT ON SA ID CENTENNIAL WATER AND SANrTATION DISTIIICT
l!ASEMENT: TIIENCE t<Oll.111 ...... '21. EAST ALONO SAID EASEMf.NT lS.00 FEl!TTO ma POINT OF
8l!OINNINCl:
TIIEAIIOVI! PARCEL ')FLAND CONTAINS 2J0l SQUARE FEET OR 0.0ll ACRES .
OEARIIIOS ARE BASED ON i ll£ EAST LINEOF'TllE SOUTIIEAST 114 OP SAID SECTION JI, BEARUKl 14DRTII
00-1 rsr EAST •
~-&.o,R..-Vlekr
,_. NL 2J9'.020,0l dwa)
~1.2001 -(16'
DIJ\11
FOi.A
11.0CKYM
001 E. PRE
eNOLEWOOO. C
( Oj)741-6000
bATE:JdJp.!__
SllEET I Ofl
EXHIBIT A
N86"4,f.'28"£
25.00'
NOJ"J7'JO"W
19.,f.9'
OJ"J7'JO"W
16.()0'
[).JS ING CITY Of'
ENGLEWOOO ESM T
BK 2 7.J3, PG 596
PARCEL "G"
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BK 5374, PG 770
NS ~1 DIIID NOi ~T
AIIICIUIIIIID ....... ne CN.Y
•--to OIPIC:T • an,oc --
S86°# '2f1"W
\ 111.09 --7 /~l\j EO >IA E>ISOR \ _ 1. _ 7 BK 3806, I
I PC 325 I
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XT!NC~ L-..\----~c:;;:w~&·so ESM T.
BK 6 71 9, PG 508
P ARCE L •e·
EXIST\>IC CW&SO ESMT
BK 5734. PC 770
ROCKY MOUNTAIN CONSULTANTS, INC.
&JOtL,._...._ ... 101
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PARCEL "C" ID I ::i
ElOST!UG CW&S0 ESMTI;
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SECOR
SEC J I
EXISTING
CW&S0 ESMT.
BK 5719. P C 507
PARCEL •c•
EXISTI>IC CW&S0 ESMT
BK 5734, PG 770
SEC
32
11mc
SHEET 2 Of' 2
,._ _____________________________ _
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COUN CIL COMMU N ICATION
Date Age nda Item
o e mber 5, :?0 01 10 a ii
Sub ject
Two Lic en se Ag reements a nd
two Tempo rary Construction
Easem e nts from C e ntennial
Water & Sanitation Dis trict.
INIT!ATI:D BY
Utilities Departmen t I STAFF SOURCE
Stewart Fonda, Di reetor oi U tilities
CO U CIL G O AL AN D PRE VIOUS COU NCIL ACTIO N
, one.
RECOMME N DED A CTION
Th ci Water and Sewer Board, a t their October 9, :?001 mee ting, recommended C o uncil app roval by
o rdinance oi the two Lic ense Agree m ents an d two Temporary Construction Agreements from Centennial
Water and Sa n itatio n District.
BACK GROUND, A NALYSIS , AN D ALTERNATIVES IDE NTIFI ED
Centennial Water and Sani tation District submitt e d two sets of license agreements with attached
constructi on agreements. The fir st set consis ts of a license agreement and a construction agreement to
insta ll a 4 8" ducti le iron pipe a nd a 7:?" steel casing w ith in a nd across th e Cit,,• Ditch right-of-way. Th is is fo r
the Ce ntennia l raw w a ter li ne fr o m th e ir new lake by the South Platt.! Rive,,, hich will be used to pum p
raw water to lcLellan Rese rvo ir. n,e steel casing is to encase the 48" pipe under Sa n ta Fe Blvd ., the
railr oad tracks a nd the City Ditch easement. The constructio n agreement will enable C e ntennial to use a
portion oi o u r easement for construction purposes.
The second set is to install a 48" ductile iro n pipe to be used as an emergency o utl e t pipe which w ill be
used lo re lease w ater back into the So uth Platte Ri er. Th e constru c tio n agre ement will enable C e n tenn ial
to use a portion o i o ur easement for construction purp oses .
n,e Englewood City Attorney has re viewed an d approved the attached documents.
FI N A NC IAL IMPA CT
'-l one.
LIST O F AlTACH ME TS
Ordinance
T .,,o Lic ense .\greements and Te mpo rarv Constr uction Easements