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Home My WebLink About2000 Ordinance No. 065• • ORDINANCE NO . V'S SERIES OF 2000 BY AUTHORITY COUNCIL BILL NO. 69 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING A TEMPORARY CONSTRUCTION EASEMENT BETWEEN SOUTH $.JBURB.AN PARK & RECREATION DISTRICT AND THE CITY OF ENGLEWOOD, 0pLORADO PERTAINING TO THE BIG DRY CREEK TRAIL. WHEREAS , the City has accepted grants of right-o f-way and easements to provide land for the construction of an extensio n of the Big Dry Creek Trail; and WHEREAS , South Suburban Park and Recreation District~ be conatrlictmJ ti\e Trail facilities from Windermere to the intersection of the Creek with the South Platte River at no cost to the City; and WHEREAS , this construction easement will allow the South Suburban Park and Recreation District accesa to the City's property and easements to construct the Trail facilities; NOW , THEREFORE. BE 11' ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLL OW S: . ~-The Cily Co uncil of the City of Englewood , Colorado hereby authorizes the "Temporary Construction Easement" for the Big Dry Creek Trail between South Suburban Park and Recreation District, attached hereto as "Exhibit A". ~-The Parka and Recreation Director is hereby authorized to sign on behalf of the City of Englewood. Introduce d, read in full , a nd passed on first reading on t he 7"1 day of August, 2000 . Published as a Bill fo r an Ordinance on the 11th day of August, 2000. Re ad by title a nd passed on final reading on the 21st day of August, 2t•)0 . 10 b Iv Publiahed by title u Q,dinanOO N ,.f£. Serie s of 2000. on the 25th day of August, 2000. (h I, Loucriabia A. El\ia, City Clerlr. of the City of E gl ewood , Colorado, hereby oertuY that the above and foregoini ia a trUe co p7_,j the orrunance p and published by title a■ Ordinance No .yo Series of 2 . • -2 - • • TEMPORARY CONSTRUCTION EASEMENT THIS AGREEME NT is made by and bet ween the CITY OF ENGLEWOQD, 11 COLORADO , (htNinafter nfe>.Tlld to u 'the City"), Clrantor and SOUTH SUB~ PARK AND RECREATION DISTRICT,-----------____ _ _ Colorado 80_. WHEREAS , the Ci ty and South Suburban Park and Recreation Dlltrict with to entar into a cooperative arrangement to allow for the conatruction and maintananoe of the Bic Dry Creek Trail locatad along Big Dry Creek from Windermere Street i , the intersection of the Creek with the South Pl atts River. WHEREAS, to bring about this Trail , the City has acceptad grants of property aa ,µi. City now owna a Right-of-Way or easement along the majority of the Trail where it lieo in Englewood . WHEREAS, South Suburban Park and Recreation District will be oonatructing the Tnil facilities from Windermere to the intersection of the Creek with the South Platte at no cost to the City and for this consid eration, the Gran tor will allow the use or' the fo llowing described property for co nstruction of said Trail facility . WHEREAS , the T empore ry Co nstruction Easement shall be for the real property locatad in the County of }_rapahoe, State of Colorado more particularly de,cribed u : Tract l: NorthPan:el: Th e '.,o uth 50' of Lot 1, Block 1. Ran dall's Subd ivieion Filing No . 2, City of Englewood, Arapahoe County Colorado Containing 25,800 square feet more or less South Pan:el: The No rt h 50' of Lot 1, Block 1, Rand all's Subdivision Filing No. 1, Am endment No . 1, Ci ty of Englew ood , Arapahoe County Colorado Containing 26 ,400 square feet more or le ss. Said p roperty contains 52,200 square feet more or less and is located within Arapnhoe County Enterprise Zone . Tract 2: A par cel of land being a part of Lot 3 and 4, Englewood Commcrclal Industrial Centt,r located In Section 9 . Township 5 South, Range 61! W, West of the Sixth Principal Meridian , Arapahoe Coun ty. State of Colorado . being more partic ularly describrd as follows: NOT,:: For lhe purpose of this description the bearings are based on the westerly line of said Lot 4 , bearing North 00•04·00· East. f A · Beginning at the Southwest Comer of said Lot 4: Thence North 00°04'00" East. 165.95 feet. along the westerly line of said Lot 4; Thence South 43'36'15" Ea.st 148.21 feet; Thence South 46°44'3T Ea.st. 108. 71 feet, to the southerly line of said Lot 3; Thence North 85°0 I' 15" West. 42.80 feet. along the southerly line of said Lot 3 to the Southwest Comer of sala Lot 3, also beln~ the Southeast Comer of said Lot 4: Thence North 85°00")()" West. 139 .48 feet. .,Jong the southerly line of said Lot 4 to the POINT OF BEGINNING . Containing 0.3358 acres , or 14628 s quare feet, more or less. Tnct3: The Big Dry Creek Trail System Easement as shown on the Englewood Commercial Industrial Center Plat filed In Arapahoe County Colorado at Recepllon 92-378 57 Book 105 Page 24 on /.ortl 17, 1992 NOW , THEREFORE , it is agreed between the City and South Suturban Park and Recreation District as follows: The City hreby grants to South Suburban Park and Recreation District and ita representative contractor a temporary constructi on easement upon the property described above solely for the construction of a trail facility u deacribed iD the construction drawings for the Big Dry Creek Trail Improvements made for South Suburban Park and Recreation Dis trict dated July 2000, project 82,065 ,064. and for the regrading the surrounding a:es. This agreement shall terminate upon completion and approval by the South Suburban Park and Recreation District. or . by mutual agreement. at an earlier date IN WITNESS WHEREOF, the parties hereto have set their hand. and seals •• of the __ da y ol _____ 2000 . CITY OF ENGLEWOOD , COLORADO By: Jerrell Black. Parks and Recreation Director SOUTH SUBURBAN PARK & RECREATION DISTR:CT By: ____________ _ STATE OF COLORADO ... COUNTY OF AP.APAHOE SUBSCRIBED AND SWORN to before me by ________ of South Suburbllll Park and Recreation District tbia __ day of _____ _ _ 2000. Nota,yPublic My commiuion expil:-ea: -3- Date August 7, 2000 COUNCIL COMMUNICATION Agenda Item 11 a iii Subfect: Temporary Construction Eanment for Big Dry Creek Bike/Pedestrian Path . INmATEDBY : STAFF SOURCE : Department of Parks and Recreation Jerrell Black , Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance # 40. Series 1993 -Intergovernmental Agreement between the City of Littleton, the South Suburban Parks and Recreation District, and the City of Englewood for the funding of the preparation of the Big Dry Creek bicycle Trail : ~aster Plan . City of Englewood co, ,:ribution - $8,457.50. Ordinance # 41. Series 1994 -Intergovernmental Agreement between the City of Littleton, the South Suburban Parks and Recreation District, and the City of Englawood for the development of the Big Dry Creek Pedestrian/Bicycle Trail ~roject from the South Platte River Trail to Progress Park in Littleton. Total Proje ct cost -$757,000. City of Englewood contribution -$38,458 1998 Budget-Council budget approval of $40,000 for the City of Englewood contribution to the Big Dry Creek Trail Project . 2000 Budget -Council budget approval of $40,000 for the City of Englewood contribution to the Big Dry Creek Trail Project. Ordinance # 2, Series 2000 -Approval of Quit Claim Deed of RBI Property for Big Dry Creek Trail Development. RECOMMENDED ACTION Staff recommends Council approval of a bill for an ordinance authorizing the cooperative agreement between the City of Englewood and South Suburban Park and Recreation District to allow for the construction and maintenance of the Big Dry Creek Trail. BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED The development of the Big Dry Creek Pedestrian/Bike Trail began in 1993. The City of Englewood, the City of Littleton, the South Suburban Parks and Recreation District, and the South Suburban Park Foundation have been partners in this project. The bike path through Belleview Park was completed in 1998 . The next phase for construction is the section from Windermere to Santa Fe . Construction of this phase of the project is to be completed in year 2000. South Suburban Park and Recreation District will be constructing the Trail facilities from Windermere to the intersection of the Creek with the South Platte at no cost to the City . The City of Englewood is granting a temporary construction easement for the bike/pedestrian path on the former RBI property, the former King property and the permanent easement at the Englewood Commercia! Industrial Center Plat. FINANCIAL IMPACT There la no flnanclal Impact to the City of r"~)VOOd· UST OF ATTACHMENTS PJOpOMdO!dinanCe Temporary ConatnlCtk>n Eu,ment l'1 • bn pA OIT JIOV • OIV~ :Jl>I • Qr) 1 •