HomeMy WebLinkAbout2000 Ordinance No. 080•
~lt8·JXli
ORDINANCE NO .~
SERIES OF 2000
BY AUTHORITY
COUN€ll. BUL NO .083 1
lmRODUCED BY COUNCIL
MEMBER WOWSYN
AN ORDINANCE AUTHORIZING A "LICENSE AGREEMEN'I" FOR THE CITY
DITCH TO POAG AND McEWEN LIFESTYLE CENTERS-LITTLETON L.L.C .
WHEREAS , the POAG requested a Licenoo for the purpose of constructing and
maintaining improvements to the City Ditch; and
WHEREAS , the Englewood Water and Sewer Board recommend ed Council app:rovnl
of the "Grant of Construction Easement" and "License Agreement" for the City Ditch to
POAG aud McEwen Lifestyle Centers-Littleton at its October 10, 2000 meeting ;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO , AS FOLLOWS:
~-The -License Agreement" to the POAG and McEwen Lifestyle Centers-
Littleton for the purpose or maintaining improvements on City Ditch, aa described in
Exhibit "A", is hereby accepted and approved by the City Council or the City of
Englewood, Colorado .
~-The Director of Utilities is authorized to execute the "Licens e
Agreement" fos and on behalf of the City of Englewood, Colorado .
Introduced, read in full, and passed on first reading on the '1"' day of October,
2000.
Published as a Bill for an Ordinance on the 20th day of October, 2000.
Read by title and p•ssed on final reading on the 6th day of November, 2000 .
Published by title as Ordinance ~!a. 'i?Ds.ries of 2000 , on the 10th day of
November, 2000.
.J.
10b ~
I, Louariahia A. Elll1, Cit)• Clerk of the City of Enpewood , Colando, borebr cmify
that tha aboN and forecoinc ii a true COJ),L of the Ordinance paued 011 final nllding ... ,.....,.,.., __ N,.&~t/1. ,
Loucriahia A. Ellia k(j
•
•
111 " cl
'. , THIS 1,.ICENS,F; AGREEMENT, made1
and entered into ils of this ~ day 'of
_____ _,2000, by and be!)vcen the Ci ty ofEngl ewo00z a'in}llllclpal ~orpora~&n Bfttie;
Stale of Colorado, ar.ting by and through its Wai.r and Sewer Boaril [the l.ticemor'1 an<! Poaa &'
McEwen Lifestyle Centers•• Littleton , LLC , a Delaware limi ted liability company , its successors
and assigns [·'Licensee"].
WHEREAS , Licen.1Ce is the owner of certain real property located in Ampaboc Col!D'Y,
Colorado , which property is legally described on~ attached hereto and made a part h~f
[the "P&M Property "]; and
WHEREAS , In connection with the Licensee 's development of the P&M Property, the
parties desire to allow the Licensee to install and maintain landscaping, paving or any other use
which docs not materially interfere with Englewood's operation and main1 (.nance of the carrier ditch,
in the Englewood City Ditch Right-of-Way as legally described and depicted on.Ellliil1kB attached
hereto and made a part hereof [the "Englewood City Ditch Right-of-Way"].
NOW, THEREFORE, In consideratior, of the premises and the mutual covenants of the
parties, more particularly hereinafter set fonh, the adequacy and rufficiency of which are hereby
acknowledged, it is agreed as follows :
I . Ljcense Granted . The Licensor, without any warranty of its title or interest
whatsoever, hereby author,zcs Licensee , its successors, assigns , contractors , and sub-contractors, to
'install and maintain landscaping, paving or any other use which docs not materially interfere with
Englewood's operation and maintenance of the carrier ditch, within, through, over and across the
Englewood City Ditch Right-of-Way , in accordance with plans approved by the City of Littleton
from time to time [the "Licensed Uses "], under the following terms and conditions .
' Ljcensor 's Rjghts. The Licensor shall have the right to maintain, ilt,'tall, repair,
remove or relocate the carrier ditch [the "City Ditch "] and its appurtenances within the Englewood
City Ditch Right-of-Way, at any time and in such manner as the Licensor deems necessary or
convenient. The Licensor reserves the exclusi ve right to control all easements and installations over
the Englewood City Ditch Right-pf-Way .
3. License Subjt;t to Prior Agreements . The rights and privileges granted in this
License shall be subject to prior agreements , licenses and/or grants , recorded ur unrecorded, and it
shall be the Licensee's sole responsibility to determine the existence of said documents or conflicting
uses or installations .
4. Ljcensor Approval of Use . Any use contemplated or performed under this License
shall comply with and conform to standards formulated by the Director of Utilities of the City of
Englewood and such use shall be performed and completed according to plans approved by the
Licensor , which appro val shall not be unreasonably withheld , conditioned or delayed .
5. No Interference of Public Servjces . The Licensed Uses shall not interfere with the
Licensor 's provision of services to the public . The Licensee shall fully cooperate with the Licensor 's
personnel and shall install and maintain the Licensed Uses without interference 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.
F~WP7DOCS\2000\IUaMO -OCflffll\P.tMAO•I00200.LkctuoA1r,cmc,11J(P.tM).wpd
, ✓-~ , IL . , ) I
. 6. Jmlempiflpatjpp. Sub CCI o C.R.S. 24-10-101 , ct. seq. the Lieeiwouball indemnify
1111d save harmless l/)e l.icemo~. its officers 1111d '1!11'loyces, ~ m' ~ ~ p~~es,
actlDll!I or causes o( ~ction and llXpens1111 to ~bich It of lhoy ~ ~ Slf~cctc'd 1t,y niuon of said
Llccmod Uses wlrbln, ~lllll or over the llll&l~ood City Ditch Riaht-of-Way oeu, or by reuon
of any work don" ,:r omission made by Lh:eni<ee, its qcnts or employees, in coMoclfun with said
Licens..d Uses . 1
n·
7. lncm:poratjon jnto Contract. Tho, stipulation and condlliuns ufthis License shall be
incorpor:tlcd into contract specillcatlon., iflh~ use herein 1u1horbzd is to be done on1a cdntlact basis.
8. ~-Tl i• expressly •arced lhat in case ofLiccn-•• material breach of11ny of
th o within promi ses , LicenS(lr may, at ila option, have specific l"'rformancc thereof, or sue for
damages resulting frum such breach.
9. Assignment Uccn...., may assi£11 all of its rights aoo obligation• pwsumt to lhi s
License: to any entity which acquires tit!" to the P.tM Prop,,rty . The forcgoin& nolwithstandin&, this
License is assignable only wllh lhe written permission of lhe Licensor, which permission will not
he unreasonably withheld, conditioned or delayed .
Io. Tennjnaljnn . Upon abandonment of 1111y right or privlleec herein granted, 1h41 right
of Licensee lo lhal extent shall tenninale , hut its obligation to indemnify and save hannlesa the
Licensor, iL• officers , employees and agents, subject to C.R .S. 24-10-101 , shall nol l"rminatc in any
CVODL
In granting the above awhuri7'11iun. the Licensor "'serves the riaht lo make full use of lhc
prol"'rlY involved as may bu nece!i58ry or convenient in 1hr, operation oJ° lhe water works sys1 em
under the control of lhe Licensor. ·
IN WITNESS WHEREOF, the parties hereto have executed this Agreement nn lhe dole nnd
day first above written.
LICENSOR :
CITY OF ENGi .r::wooo
Acting through nnd by its
Water and Sewer lloard
By : ___________ _
Chairman
LICENSEE :
Al'PROVEI):
Stewart l'onda
l)izcctor of Utifiti"s
J>oai; & McEwen Lifestyle Centers • •
Linlcton, LLC
By : b/26(/ l)_ 1 &y:-:J
Tille : f~crerrcr-V
I
F:\W,,.,1>1X :.~es1\h0-Ccnmil\PAMA0-100200-Ll~(P&M).~4
•
•
IN WJTNF.SS WHEREOF, I have hereunto sel my hand and affixed my official IC8l lhe diay
......,,_..,.,.,,.,~-== ...... '(f~A.(J-11,C~--and year first above wrillmt . ~-~ ~'tt
No Public
.Md"""' My Cnmmissioo Expires: ______ _
Prepared by and Rclllm lo : Lisa A. SIIIDIIIOIII
Hcmstein Law Office
555 Pcrlr.in J F.xtendcd, SU:..: 250
Memphis, Tamesscc 38117
(901) 682~58
LEGAL DESCRIFTION TO P&M PRQPUD'.
J •IJ Y V. 10'1
PROPERTY DESCRIPTION:
A PARCEL OF LAND LOCATED IN THE SOUTH HALF OF SECTION 29, TOWNSHIPS SOUTH,
RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN; COUNTY Of ARAPAHOE, STATE OF
COLORADO ; BEING MORE PARTIOULARL Y DESCRIBED AS FOU.OWS : I
BASIS OF BEARINGS:
THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIPS SOUTH, RANGE
68 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING ASSUMED TO BEARS 00°08'23" W.
COMMENCING AT THE NORTHWEST COR.'IER OF THE SOUTHEAST QUARTER OF SAID
SECTION 29; THENCE S 00°08 '23 " W, ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER
OF SECTION 29, A DISTANCE OF 71 .66 FEET TO THE POINT OF BEGINNING ;
THENCE S 00°08 '23" W, CONTINUJNG ALONG SAID WEST LINE OF THE SOUTHEAST QUARTER
OF SECTION 29 , A DISTANCE OF 352 .07 FEET ;
THENCE S 89°S1'3 7" E, A DISTANCE OF 711.13 FEET TO A POINT ON THE WESTERLY
BOUNDARY OF THE SOUTH SAl'HA FE DRIVE RIGHT OF WAY ;
THENCE ALONG SAID WESTERLY BOUNDARY OF THE SOUTH SANTA FE DRI VE RIGHT OF
WAY THE FOLLOWING SEVEN (7) COURSES :
I. S 07°27 '2 I" W, A DISTANCE OF 54.16 FF .';
2. S 10°22 '08 " W, A DISTANCE OF 100.36 FliET;
3. S 07°28 '44" W, A DISTANCE OF 236 .36 FEET;
4. ALONG THE ARC OF A NON-TANGENTCURVETOTHE RIGHT HA V:NGACENTRALANGLE
OF 08°38'4S", A RADIUS OF S634 .58 FEET, AND AN ARC LENGTH OF 8S0 .2 S FEET, THE
CHORD OF WHICH BEARS S 11°48 '3S" W, A DISTANCE OF 849 .44 FEET;
S. S 4S 0 05'43" E, A DISTANCE OF 39.17 FEET;
6. S 19°S3 '40 " W, A DISTANCE OF S46 .82 FEET;
7. S 32°S9 '1S"W , A DISTANCE OF 8S .18 FEET;
THENCE N 69°0 2' 19'' W, A DISTANCE OF 628.9 2 FEET ;
THENCE S 20°57'36"W, A DISTANCE OF 171.29 FEET;
THENCE N 69°02'24" W, A DISTANCE OF 32.50 FEET;
THENCE N 20 °57 '35" E. A DISTANCE OF 43.96 FEET;
THENCE ALONG THE ARC OF A NON -TANG ENT CUR VE TO THE LEFT HA VlNG A CENTRAL
ANGLE OF 14°4 5'1 I", A RADIUS OF 500.00 FEET, AND AN ARC LENGTH OF l28 .7S i'EET; THE
CORD OF WHICH BEARS N 13°33 '57" E, A DISTANCE OF 128.39 FEET;
THENCE N 69°02'19" W, A DISTANCE OF 422 .43 FEET;
THENCE N O I 0 27' Is ·• E. A DISTA NCE OF 230 .69 FEET;
THENCE N 07°01'58 " E. A DISTANCE OF 32 1.13 FEET;
THENCE N 61 °12' 11 " E, A DISTAl'IC E OF 87.12 FEET ;
THENCEN 28°47'49" W, A DISTANCE OF 100.00 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF
07°S2'59", A RADI US OF 400.00 FEET, AND AN ARC LENGTH OF 55 .03 FEET;
THENCE N ·00°30 '33 " W, A DISTAl'ICE OF 754 .10 FEET ;
THENCE N 4S 0 l8'S 0" E. A DISTANCE OF 445 .64 FEET;
THEN CE S 89 °51 '37" E. A DISTA NC E OF 39 7.94 FFET TO THE POINTOF BEGINNlNG.
CONTAINING 53.3 9 ACRES , MORE OR LESS .
EXHIBIT A to LICENSE AGREEMENT
PAGE I ofl
P:\Wl"7DOCS\lOOOWO-OcllmN'aMAG•I Ol :OO.L1cenNAlfftl'IIMJE.duolWP&M),wpd
•
Date: 9/26/00
Reviud: 10/ 11 /00
BELL SURVEYING COMPANY Drawing No .
0009101PE ~00 KAIAMATH ST. • OE/II/ER , CO . 80204
( JOJ } 629-0165 FAX 623-7709
Orclored By: OAI/IO EVANS & ASSOCIATES •
A STRF Of lMO l!l ,00 FC£T OH THE W£Sl[At.Y SI)£ ANO 10.00 rrcr ON TUC £ASJERLY SIDE Of A PtP(Lm( OVER ,. PORTlON
Of THC EAST 1/2 Of !".£C OON 211, TOWNSHIP 5 sourn, RANCE
Ga WEST Of THE 8TH P .M., COUftlY Of ARN'AHO[, STAfE Of
COlllfWlO, SAID PIPEUIIE BEING IIO:tE PAR11CIAN!LV otsCRHD
AS rouows:
BECINNIIC AT A P0tNf ON THC NORTH UHC Of THC MIHERAI.
RID PARK-H-RI)[, WIIEHC[ THt: COIT£R Of SAil SECTlDN 29
BEARS N 04'24'10" W A OISTAHCE Of 222J.JD '.IT; THENCE
N 2TJD'JD" £ A DTSTANCE Of 8.42 FEET; 1HOICC N 15'15'
JII" £ A OISTAHCE Of 125.78 FEET; TH£NC[ N 20'40'05" E A
OOTANCt or 254 .11 F£tT; lHENCE N 14•57'51• E A otSfANCE
Of 210.25 rm: THO.CE N 2J'50'04" £ A OISTAHCE Of 115,5,
FEET TO TH£ POINT Of TERWAJS ON TH£ WEST[RLV LN: Of
U.S. HIGHWAY NO . 85, SM> l.N: ALSO 90IC THE soumon.Y
RIGHT-Of-WAY L.lfE Of THE CRY 0001 liS SHOWN OH 1ltE
1)((0 DATED JI.Jf€ 10, 11ua PARCO. NO. 2, (fl..£ NO . 52 ooc .
NO ... ).
FOR TW"' PURPOSES or THIS O(SCR"'OON, THE BASiS Of
BCARtNC~ ,S THE NORTH-soutH C£HT£RUNC Of SA«> S[Cf'IOH
ll[ING N oaoa '2J" E.
COITER SECTION 29
I. 5 S. R. 611 W.
6TH P,M.
PROPOSED
ASPEN GROVE DEVELOPMENT
~ p
t,.,
CASFfRLY PROPERrY lit£ OF
ASPCN GRCM annGW'IIIENr
COINCUHT Wl'TH THC
IK'SFERtY R.aW. tM£ OF
1/.S. HJQM.4 Y NO. 85
EXHIBIT 8 TO
LICENSE AGREEMENT
NOT TO SCALL
Date
October 16, 2000
INmATEDBY
Util ities Department
COUNCIL COMMUNICATION
Agenda Item
11 a X
Subject
License Agreement,
Construction Agreement and
Quit Claims for Exchange of
Real Estate for the City Ditch
and Aspen Grove/Newton Trusc
I
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
e Englewood Water and Sewer Board recommends Council approval of the Grant of Construction
s~ment , License Agreement and Quit Claim Deeds for an Exchange of Real Estate Agreement for
che Englewood City Ditch to Aspen Grove for the Poag & McEwen Lifestyle Centers , LLC for a
Business Improvement District.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The Poag & McEwen Lifestyle Centers requested a License Agreement, Grant of Construction
Easement and Quit Claim Deeds for an exchange of real estate for the purpose of constructing a 60"
RCP City Ditch pipe in the new development to be called Aspc~ Grove . This will be a retail
development that will be part of the Poag & McEwen chain. The aevelopment will be located at
approximately 7100 S. Santa FP. Dri·,e on the west side.
Upon review , the Englewood Utilities Department is requiring the Poag & McEwen to install
approximately 600 lineal feet of 60" RCP pipe and that will attach to the 54" pipe previously approved
for the Newton Trust portion of the project. The Quit Claim Deeds for the exchange ol real estate are
is to realign the right-of-way to allow for the newly installed City Ditch to allow the owners to maximize
the usage of the lot and accommodate a proposed building .
l,1 the Construction Agreement , Englewood agrees to permit Poag & McEwen to install the 60" RCP
and at the same time store pipe , equipment and lill dirt on Englewood 's right-of-way in described
easc:nent. Poag & McEwen will erect a temporary security fence around the storage site to maintain
security.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
(3) Bills for Ordinance
Grant of Construction fasement , License Agreement and Quit Claim Deeds for an Exchange of Real
Estate with Poag & McEwi~ Lifesty le Centers