HomeMy WebLinkAbout2000 Ordinance No. 081. t
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ORDINANCE NO. J'.L.
SEP.IES OF 2000
BY AUTHORITY
COUNCIL BILL NO. 84
INTRODUCED BY COUNCIL
MEMBER WOLOSYN
AN ORDINANCE AUTHORIZING A "GRANT OF CONSTRUCTION EASEMENT'
FOR THE CITY DITCH TO ASPEN GROVE BUSINESS IMPROVEMENT DISTRICT,
A QUASI MUNICIPAL CORPORATION \'BID), POAG AND McEWEN LIFESTYLE
CENTERS•Ll~TON L.L.C.
WHEREAS, the POAG and McEwen Lifestyle Centers-Littleton requested a Grant
of Construction Easement for the purpose of constructing piping and other
improvements to the City Ditch; and
WHEREAS, in the development of the subject property and the piping of the City
Ditch the construction will be performed by the Aspen Grove Businesa Improvement
District; and
WHEREAS, the Utilities Department of the City of Englewood reviewed the BID
request and ia requiring the BID to install cpproximately 600' lineal feet of 60" RCP
pipe in connection with the BID improvements to the Englewood City Ditch Right-of•
Way; and
WHER?.AS, the passage of this proposed Ordinance will authorize the "Grant of
Constructio1., l;;asemenl" permitting the BID access to the City Ditch to install the 60"
RCP pipe and at the same time store pipe, equipment and fill along the Englewood's
City Ditch Right-of-Way; and
WHEREAS , the Englewood Water and Sewer Board recommended Council approval
of the "Grant of Construction Easement" for the City Ditch to BID at its October 10,
2000 meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
~-The "Grant of Construction Easement" to the Aspen Grove Business
Improvement District, a quasi municipal corporation (BID), POAG and McEwen
Lifestyle Centers-Littleton L.L.C. for the purpose of piping the City Ditch as described
in Exhibit "A", are hereby accepted and approved by the City Council of the r.ity of
Englewood, Colorado.
~-The Director of Utilities is authorized to execute the "Construction
Easement" for and on behalf of the City of Englewood, Colorado.
Introduced, read in full, and passed on first reading on t'te 16~ day of October,
2000.
Published as o Bill for an Ordinance on the 20th day of October, 2000.
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Read by title and puaed on final reading on the 6th day of November, 2000 .
Published by titl• as Ordinance No.~ Series of 2000 , on the 10th day of
November, 2000.
I, Loucrishia A. Ellis, City Clerk oC-..he City of Englewood , Colorado, hereby certify
that the above and foregoing is a true cop~of the Ordinance p ed on final reading
and published by title as Ordinance No . ~ Series 2000
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This Temporary Construr.tion Easement [the "Temponry Euemeat"] is e\itered into diis
day of---~ 2000 by and between the City of Englewood, Colorado, a municipi
corporation of the state of ColoraJo, acting by and through it Water and Sewer Board
["E■slewood") and Poag&. McEwen Lifestyle CCIII ten-Litllctoo, LLC, a I;Jelawan: limited liability
company [the "P&M"). -
WHEREAS, P&M and the James Q. Newton Trust have entered into that certain Agreement
to Buy and Sell Real Estate dated November 17, 1999, as amended by that certain Amendment lo
Agreement to Buy and Sell Real Cistate dated July 25, 2000 [hereinafter the "PlltCbase Contract"),
for t'ie purpose of buying and selling certain real property located in Arapahoe County, Colorado ,
which property is legally described onalili.A attached hereto and made a part hereof[the "P&M
Property"); and
WHEREAS, Pursuant to City Ditch Agreement dated February 6, 1970 and recorded in
Book No . 1864, Page 520 in the Recorder 's Office of Arapahoe County, Colorado, and Quitclaim
Deed dated March 24, 1970 and recordeci in Book No. 1864, Page 517, in the Recorder's Office of
Arapahoe County, Colorado, Englewood was granted a right-of-way easement to own, operate anJ
maintain a carrier ditch, which carrier ditch is currently located on a portion of the P&M Property
as depicted on~ attached hereto and made a part hereof [the "Englewood City Ditch Right•
of-Way"]; and
WHEREAS , The parties desire to relocate the Englewood City Ditch Right-of-Way to a.1
an:a ofland legally described and depicted on Exhjbjt C attached hereto and made a pan hereof [the
"Relocated Englewood City Right-of-Way "); and
WHEREAS , P&M desires to cause the carrier ditch to be relocated and placed underground
by installing a Colorado Depar1ment ofTnnsportation ["COOT") approved 60" RCP pipe within
the Englewood City Ditch Right-of-Way in the location depicted as "Proposed Irrigation Pipeline"
on said .Elsl!i!2i!J:.
NOW, THEREFORE, In consideration of the premises and the mutual covenants of the
parties, more particularly herein•fter set fonh, the adequacy and sufficiency of which are hereby
acknowledged, it is agreetl as follows :
I. Temponry Cogstructjop Euqpgt. Englewood (as Granter) hereby grants to
P&M (as Grantee), its succ essors, assigns, contractors, and sub-contractors, non-exclusive temporary
construction easements through, over, under and across the Englewood City Ditch Right-of-Way and
the Relocated Englewood City Ditch Right-of-Way for the purpose of grading , constructing a
diverter ditch and causing the carrier ditch to be relocated and placed underground by installing a
COOT approved 611 " RCP pipe in the location depicted as "Proposed Irrigation Pipeline" on said
flshilm..l: and covering the same with clean fill dirt [the "Pipin& Project"]. P&M wW u:;e its b~st
efforts to cause the pipe to have a flow capability of 60 cubic feet per second on or before January
I , 200 I . Englewood hereby acknowledges that weather conditions and other unavoidable delays may
result in a need for an extension of time beyond said date of January I, 200 I. In such event, and
upon P&M's submission ofa wrinen request for an extension of time beyond January I, 2001,
Englewood agrees that it will grant a reasonable extension of time to enable P&M to cause the pipe
to have the required flow capability.
. Iii'. H'·!r 1 Temporary Construction Easemel!.I
Cil)' of Enalewood to Poag & McEwen Lifestyle Centm --Littleton, LLC
P1!8e 2 of 4 ' 11 1 in~,
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2. I.c.tlullirAIIW, The Piping Project will begin no sooner than November l ,,2Q09,
and will be completed no la1er than March 31, 2001. Completion of the Piping Erojccl will be
deemed to have occurred upon inspection and approval of the Piping Project by Englewood and this
Temporary Easement will be deemed to have terminated upon such completion.
3. &ffll. P&M shall have the temporary non-exclusive right to enter the Englewood
City Ditch Right-of-Way and the RelJCatcd EnglewoCY1City Ditch Right-of-Way for any reasonable
purpose necessary or prudent for the construction of the Piping Project subject to the followin11
restrictions : I) normal working hours shall be from 8:00 am. until 4:00 p.m.; 2) the operation of
equipment and heavy trucks will be permitted on the Englewood City Ditch lught-of-Way and the
Relocated Englewood City Ditch Right-of-Way only during normal working hours; and 3) P&M will
comply with all City of Littleton requirements regarding emergency access to the property.
4. Restontion. Upon completion of the Piping Project, P&M will perform such
restoration and regrading as is necessary or prudent to restore the surface area of the Relocated
Englewood City Ditch Right-of-Way to its original condition . P&M may develop the S'.irface area
of the Relocated Englewood City Ditch Right-of-Way in accordance with the P&M development
plans as approved by the City of Littleton from time to time il!,d in accordance with its license
agreement with the City ofEnglewood for use of the Relocated Englewood City Ditch Ri11ht-of-Way.
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S. lgdemgificatiog . P&M, to the extent permitted by the laws and constitution of the •
State of Colorado, ~ .reby agrees to be liable and hold harmless Englewood, its employees, tenants,
guests from any r .d all claims, causes of action, and liability which may occur as a result of the
negligent or wrongful acts of P&M in the construction of the Piping Project, including the cost of
defending against such claims .
6. J..i!lilli1y. P&M, to the extent p-!rmitted by the laws and constitution of the State of
Colorado, hereby agrees that F:nglewood will not be liable for any damages to the P&M Property
caused by water flow resultir.i from a loss of power at the nearest upstream power station or any
natural storm run-off which ma: occur dunng the time period which is (i) after the removal of the
structures associated with the car. ier ditch pursuant to this construction easement; and (ii) continuing
until the termination of this construction casement according to its t,:rms;provided, however, in any
event, that such water flow is not the rP.sult of the grossly negligent or willful acts of Englewood .
7. lm!u:!nll-P&M shall maintain in full force and effect a valid policy of insurance
for the Piping Project in the amount of $600,000.00 prop erty coverage and $600 ,000 .00 liability
coverage. P&M further agrees that all its employees, contractors and sub-contractors working on
the Piping Project shall be covered by adequate Workers Compensation insurance .
8. Aulgnment . P&M may assign all of its rights and obligations pursuant to this
Temporary Construction Easement to any entity which acquires title to the P&M Property and/or to
the A,pen Grove Business Improvement District. The foregoing notwithstanding, this Temporary •
Construction Easement is assignable cnly with the written permission of Englewood, which
permission will nu! Ii.: W1reasonably withheld, conditioned or delayed.
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Temporary Construction Easement J,1• I' 11~no) fl! :oqm,1
City of Englewood 10 P~ & McEwen Lifestyle 'Cenim-r.it!lett>n,'Ll:C ',oo,,ai n3 Jr, {11 .l
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IN WITNESS WHEREOF , the parties hmm have executed this T empon1,r Comtruction
Easement on the date and day first above written.
CITY OF ENGLEWOOD
Acting th..-ough and by its
Water and Sewer Board
By: __________ _
Chairma.,
APPROVED:
Stewart Fonda
Director ofUtilities
P&M : Poag & McEwen Lifestyle Centers --Litt!eton , LLC
STATEOF ~~~
COUNTY OF -.:S:lu4-=
By: 0A4'/ 1J / lo/
Title : f(JcJ'f('lr
On · the lf{IL ~ .of /) l~ _, 2090, before me personally ~ppeared
~==....,-'l'c::-_:~...JLI"'¼--known to me to be the~~ of Poag & McEwen
estyle Centers Littleton, LLC, a Delaware limited liability com~y. and acknowledged that
:l,k__ executed the within and foregoing instrument, and acknowledged the said instrument to be
the free and volun• .y act of said ljmited liability compan) for the uses and purposes therein
mentioned, and on oath stated that JJ!=._ was authorized 10 execute said instrument
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written. ~/ J ~q,,___)
My Commission Expires: -=5_·_/~J_-_o~y __
Address
===!bl3'1:'EP.-iESS:Yml:Ri:0E;:1:h:u:cbcrmntc,set~dm:if!ixcdm;-:ofticial:sc:ii:tlic:day
w~.fin1ae-'"'Ji11"°'
f :\~G-0.al\P~G-\OIIOO-l,~&Ml,wpd ~)
Temporuy Construction Ea,ement I r , •,no'l '" 101m , "
City of Englewood to Poeg .t Mc:ijwen Lifjl:stY,l• C~ -1,.iqleton; LLC, , 01 ~IBfl!I 1 ')
Paae4of4 no c'I •
Plepanld by and Return to : Lisa A. Sam!JJPI\I , ~ I. fl u. ~ n Jl/iFI
Bcm5tein Law Office • , ,1. ~rll " in m
555 Perkins f.xtended, Suite 250
Memphis, Tennessee 38117
(901) 682-6631
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F:\~O.o....Y&MAG-IOtlllO-T~·· 4
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PROPER~,DESC~JPTION: (~ I~' I' I J\-'r I
A PARCEL OF LANn LOCATED IN THE SOJf'l' i{ALf OF SEcnON 29, TO\1,-NSHIP S S Unf,
RANGE 68 WEST OF THE 6TH PRINCIP,\'" ~DIAN; COUN'IY OF ARAPAHOE, STA OF
COLORADO; 'aEING MORE PARTICULAIU.,i tii!sCRJBED AS FOLLOWS: ,o l 1 >
BASIS OF BEARINGS:
THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 29, TOWNSHIPS SOU1lf, ~GE
68 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING ASSUMED TO BEARS 00°08'23" W.
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTIIEAST QUARTER OF SAID
SECTION 29; THENCE S 00'08 '23" W, ALONG THE WESTLINE OF SAID SOtmlEAST QUARTI:R
Of SECTION 29, A DISTANCE OF 71,66 FEET TO THE POINT OF BEGINNING;
THENCES00'08'23"W,CONTINUINGALONGSAIDWESTLINEOFTHEsa.mIF.A'iTQUARTER
OF SECTION 29, A DISTANCE OF 352,07 FEET;
THENCE S 89'51 '37 " E, A DISTANCE OF 711.13 FEET TO A POINT ON 'JllE 'M:S'iERII.V
BOUNDARY OF THE SOUTH SANTA FE DRIVE RIGHT OF WAY;
THENCE ALONG SAID WESTER!.. Y BOUNDARY OF THE SOUTH SANTA fl: Im\'£ "GIT~-
W A Y THE FOLLOWING SEVEN (7) COURSES :
1. S 07'27'2I" W, A DISTANCE OF 54 .16 FEET;
2. S 10'22'08" W, A DISTANCE OF 100.36 FEET;
3. S 07'28'44" W, A DISTANCE OF 236.36 FEIT;
4. ALONG THE ARC OF ANON-TANGENTCURVETOTHE RIGHT HAVING ACENTIALA.NGLE.
OF 08'38'45 ", A RADIUS OF 5634 .58 FEET, AND AN ARC LENG1lf OF SS0 .25 FEET, THE
CHORD OF WHICH BEARS SI 1°48'35" W, A DISTANCE OF 849 .44 FEET;
5. S 45'05 '43" E, A DISTANCE OF 39 .17 FEET;
6. S 19'53'40" W, A DISTANCE OF 546.82 FEET;
7. S 32'59'15"W, A DISTANCE OF 85 .18 FEET;
THENCE N 69'02'19 " W, A DISTANCE OF 628 .92 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-TANGENT CURVE TO THE LEFT HAVING A CENTRAL
ANGLE OF 14°45'1 I", A RADIUS OF 500.00 FEET, AND AN ARC LENGTH OF 128.75 FEET; TiiE
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;
1lfENCE N 01'27'l5" E, A DISTANCE OF 230.69 FEE I ;
THENCE. N 07'0l '58" E, A DISTANCE OF 321.13 FEET;
THENCE N 61 '12 '1 I" E, A DISTANCE OF 87 .12 FEET;
TIIENCE N 28'47'49" W, A DISTANCE OF 100.00 FEET;
THENCE ALONG THE ARC OF A CURVE TO THE LEFT HA YING A CENTRAL ANGLE OF
07°52 '59 ", A RADIU S OF 400.00 FEET , AND AN ARC LENGTH OF 55.03 FEET;
THENCE N 00°30 '33 " W, A DISTANCE OF ?RIO FEET;
THENCE N 45 °18 '5 0" E, A DISTANCE OF 445 .64 FEET;
THENCE S 89°51 '37 " E, A DISTANCE OF 397 .94 FEET TO THE POINT OF BEGINNING .
CONTAINING 53.39 ACRES , MORE OR LESS .
EXHIBIT A to TEMPORARY CONSTRUCTION EASEMENT
PAGE I of!
F.\•·r;-oocS\200Cl'JUcst\AQ-Gcnnl\PAMAG -1 0120(). TcmpCOMUEJmt,EJ.lubtlA(BID) -,d
Dato : D/'-8/00 Bft~Lf. RtJRVEYJNG COMP4.NY .~ No.
!IOO twM1AT11 ST. • -· co. ~ m1 im,Mrlli ,,, ,,
{ JOJ l 02~;-n.,11, FAX w-"i08 .~J ffJt
Ordend 9)1 : DAVID EVANS A ASSOCIATES h
-" J.t~L J
111] 10,u!
A smP 'l!' LN«> l.fflO IN 111E !'AST 1/2 Of IGf10i{ 29, TflWIISlfl' S S0U11i, RNIG£ 111 1ftST Of
11IE em P.11. COUHIY Of NW'NU. S1A1t Of QllOM:..", ll£ C1:N1111N 111J1£Uf' IIJNII 111111i:
PARTICIJINII.Y IJl!Cffllfll) IIS fUU.O'flll
JI,'
OCGINNING AT A POINT ON THE "°"1H L1tE Of 11£ -fffll --WHENCE THE COfTER OF SND 9EC11011 211 IEMS N 04'23'91" W A DISTNIC£ OF 2223.24 Fmt lltENCE H 22'45'iH" E A
DISTNICE OF 57.47 FEEf OT A POINT OF TANGENT CUfM: 11EU Al.ONG 11£ MC Of SollD CUM TO
Mr/W~"'lfih~ EDF,. ~A:lr'W·~~~~°a,94~=~·75
ALONG THE Nie Of SM> CUM 1D TH[ RtCHr -A RIODIJS Of 2!11.110 FEET, A C2lfflW. ~ Of
09"4.1'19", A DISTANCE Of 42.42 FtlT: 1lf;NCE N U-;M'-44" E A IIISIANCt: Iii' OUI . FUT 1D A POINT
~J~~~"'rfo='~ ~:CZ~~~\: ~~.~~flll
~.,,:.ei ~a: ~arm. A ~°Ii=~ r.-~a:14 ,gJ~= ~7~ fu A~(J:f :,11ii°'f 1g..A,:,:I 11:n~~~~~ ~
Of 14.76 FEET: 11t!NCE N 34·1e'z1 " t A DISIIIIICE Of 35,11 R£1 TD A PGIII Of ,--r CUR\'E:
111ENCE ALONG lHE NIC OF SM> CUIM: 1D Tl£ 11:Qlf -A IWllUS l1F 57.17 FEET, A canrw.
N<GlE OF lrJa'27", A DISTAHCE Of 11.11n FEET lO A -.r OF -CIJfM: TltfNCE Al.ONG lfill
r&sr~Ofcu:r:4.l10~&"'11M~ .roik~'cW.l .. ~-W Uclr~IG
ON 11£ WESIE1U ----LINE aF ill'..-HD. Ill.
/11/tNE -PARCEi. 11EN1 2ll Fm IN WIIJ1H, *12.5 FEET ON OCH SD'. OF CIIIIDUIE.
FOR 111E MPOSES OF lHIS ll£SCRfPl10N, 1HE flASIS Of -IS 111! 11-S -aF SAil SECTION 29 BEING N ocroa•23• E.
EXlllBlT B to
TellpOt a ry Construct i on £a senmt
Pa ge l or 2
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BELL SURVEYING roMPANY
Dole, 1/28/00 111111 fllMAM,\TH ~. , .if'I., ~-1 Al!204
( 303 ) 1211-0115 rAX •SV-tiDI
Ord...i By. DAI/Ill Ml~, a ASSOCIATD tb
Drwlnl No.
~10100 I SHE£l 2 Of! 2
I
NIii" 10-,;
EXHIBIT 8 to
Taponry Cenat.ruction El-.tt
-2 or 2
Dote: 9/26/00
Revl11d : 10/11/00
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B_E~L ·1S'l!JR.YE¥-ING COMPANY
500 KAIAIIATH ST. • DENI/ER, co . 80204
( JOl ) 629-0105 FAX 623-7709
Ordered By: DAVID EVANS & ASSOCIATES I,
A SfRP Of LANO 15.00 f££T ON TH£ W£ST[Rl..Y SI>( AHO 10.00
rur OH Tit( EASTERLY S10£ Of' A PIP[~[ OVER A PORTIOH
Of' lHE EAST 1/2 or SECTK>N 211 , TOWNSIMP 5 SOUTII, RANC(
68 WEST or mE 6TH P.M., COUNTY Of AAAPAHOE, SfATE or
COLOAAOO , S.W PtPEUHC BEING WORE PNIIICIAAALY DE5C1<111ED
AS FlllLOWS,
9EGl~G AT A POINT ON THE" NORTH UNE Of ntE Mt.lERAl.
RID PMU<-N-RIDE, WHENCE TnE CEHIER Of S.W SECl1Df< 29
DEARS N 04'24'l0" W A DISTANCE OF 222J.JO rm: 1HENC£
N 2TJO'JO" £ A OISTAHC[ or 5.42 rnr , 1H£NC£ N 85'15'
JI" E A DISTANCE or 125.71 rm, 1HO<C£ N 20'◄0'05" £ A
DISTANCE Of 254 ,119 rrEJ ; MNa: N 14"57'!1i1• C A DISTANCC
Of 210.25 rnT: 1HENC£ H U-,0'04" £ A DISTANCE Of 115.>9 ~Er~~ ~N~t ~...,_~ L~~.x.
RIGHT-Of-WAY UHE Of THE CfTY 0001 AS SHOWN ON TitE
DEED MTED JUNE 10, 1138 P1'te£1. NO. 2, (fl.E NO. 52 DOC .
NO. II).
FOR THE FURPCSES OF TI-IS DESCRPTlON, THE S,.S,S OF
8£,ARIHGS IS fHE NORlll -SOUlH CEHTERLN Of SAID 5£COON
BEIHC N 00'08'23• [.
C£HTER SECTION 29
T.5SR.IIW
6TH P.M.
Ii -
N 27JO 'JO" C !-" l ,.
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Cl\8 U ,O
0raw1n9 No.
C009101PE
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Date
October 16, 2000
!IIIITIATED BY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item
11 a xi
Subject
License Agreement,
Construction Agreement and
Quit Claims for Exchange of
Real Estate for the City Ditch
and Aspen Grove/Newton Trust
I STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None
RECOMMENDED ACTION
The Englewood Water and Sewer Board recommends Council approval of the Grant of Construction
Easemen!, License Agreement and Quit Claim Deeds for an Exchange of Real Estate Agreement for
the 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 Aspen Grove . This will be a retai l
development that will be part of the Poag & McEwen chain . The development will be located at
approximately 710C, S. Santa Fe Drive 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 rroject. The Quit Claim Deeds for the exchange of 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.
In the Construction Agreement, Englewood agrees to permit Poag & McEwJn to install the60" RCP
and at the same time store pipe, equipment and fill dirt on Englewood's right-of-way in described
easement. 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 Easement , License Ag reeme nt and Quit Claim Deeds for an Exchange of Real
Estate with Poag & McEwin Lifestyle Centers