Loading...
HomeMy WebLinkAbout1994 Ordinance No. 023ORDINANCE NO& SERlES OF 1994 BY AUTHORITY COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER BURNS AN ORDINANCE AUTHORlZING AN N'i'ERGOVERNMENTAL PERPETUAL EASEMENT AND RIGHT-O F-WAY TO r.ONSTRUCT, MAINTAIN, OPERATE ,\ND RECONSTRUCT STORM WATER OVERFLOW OUTLETS FOR SURFACE wn ~R DRAINAGE FROM ADJACENT LAND, FILTER FENCING FOR TRA PPING SEDIMENTS (ENVJROFENCE), A PERIMETER WALL AROUND THI! EXTERiOR OF THE ADJACENT SUBDIVISION KNOWN AS SOUTHPARK SUBDIVISION PI LIN<' NO. 11, BETWEEN THE CITY OF ENGLEWOOD , THE CITY 01-' L!TTLETON AND PENINSULA HOMEOWNERS ASSOCIATION, INC. FOR THE Cl1'Y OF ENGLf.\ '00D PROPERTY KNOWN AS MCLELLAN RESERVOIR. WHEREAS, the City of Englewood , Colorado is the owner of real prope.,1 y ioca1 .-d in the Cou nty of Arapahoe upon which Engl ewood maintains a wat.e r reserv,:.ir known a11 McLellan Reservoir; and WH£kEAS, it is e ssential that Er1tL 11~ have continuous and unin t~, ~u~t-'!d us e of McLellan Re servoir to supply the domest ic woter needs of Englewoo d and En glewood's resi dent s ""''ithout interference from other pa rti es ; and WHEREAS, any damage or interrup 1 ,1 " to the functioning of McLeHan Re servoir for the collection and storage of water therein wo uld result in significant actual and conseq uenti al damages; and WHEREAS, for the monetary sum often dollars ($10.00) the City of Englewood grants, bargains, sells and conveys to the City of Littleton a perpetual easement and right-of. way to construct, maintain, operate and reconstruct storm water overflow outlets for surface water drainage from adjacent land, fil ter fencing for trapping sediments (Envirofence), a perimeter wall around the exterior of the adjacent subdivision known as Southpark Subdivision Filing No . 11, which includ es Southpark Subdivision Filings No. llA, 118 and .l l C, and related construction 11nd improvereents ; NOW, THEREFORE, i. IT ORDAINED BY ' r,C CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLURADO, AS FOLLOWS : w1ian...L. The intergovernmental perpetual easement and right-of-way to constru ct, maintain, operate and reconstruct storm water overflow outlets for surface water drain age from adjacent land, filter fencing for trapping sedim ents (Envirofence), a perimeter wall around the exterior of the adjacent subdivision known as Southpark Subdivision Filing No . 11 , to the City of Littleton is hereby accepted and approved hy the Engiewood City Council. Tf e :--tayor is authorized to execute and the City Clerk to attest and seal the Agreement for an d on behalf of the City of Englewood, Colorado. ~-The Agreement generally contains as follows: A. Improvements of the City of Littleton located on the City of Englewood's property shall be constructed, and at all times maintained, repaired, extended, renewed, operated and used in such a manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of McLellan Reservoir by the City -1 - of Englewood . Nothing shall be done or suffered to be don e by the City of Littleton on the City of Englewood's property at any time that would in any manner impair the safety thereof. Englewood retain, all rights to conatrucL, maintain, repair, e&tend, remove, reconstruct, protect, or relocate the reservoir, which right.a ah all be superior to and supersede and right of the City of Littleton, but in 10 doing Englewood shall take reasonable ufeguards not to damage the improvements, and exercise of such rights shall not terminate this Grant of Easement and Right- of-Way. B . Any improvements authorized 1hall be constructed, operated, maintained, repaired, extended, renewed and/or recon1tructed, in conformity with plans, specifications a d method of con1truction presented to and approved by the City of Englewood. Englewood may deny approval of plan1, 1pecifications, and method s of construction if denial ii based on generally accepted ent,neering principles for the proposed activity that may cause damage to Englewood's property. In the event of a denial, Englewood shall give rea1on1 for denial and shall propose alternatives. C . Littleton shall notify Englewood '• Director of Utilities at least 48 hours in advance of commencement of any work upon Englewood's ;,roperty in connection with the construction , maintenance, repair, extension, relocation , removal, or reconstruction of improvement.s, except in cases of emergency when work is necessary to prevent loss or damage to the McLellan Reservoir, property of Engl ewood, property of other ovmers, or life and safety of persons . D. Littleton shall bear the entire cost and expense incurred in connection with the construction, maintenance , repair, and renewal and any and all mc.,dilication , re,,;sion, extension, relocation , removal, or ..,econstruction of improvements, now or hereafte r made: provided that Englewood , its agents or c ntraclors were not the cause of the damage of the improvements. E . Engl ewood shall have the right to protect McLellan Reservoir or property of Englewood when necessary or proper; provided, however, Englewood's right of protection of McLellan Reservoir shall not entitle Englewood to terminate Littleto n's use and operation of this easement and the facililiea :·nstructed th ereon. F . Neither the right of supervision by Englewood .. ithe location, construction, maintenanc e, repair, extension, renewal , reconstruction or relocat.ion of the improvemen ts, nor th e exerci se or failure t.o exercise said right , nor the approval or failure lo disa~prove by Englew ood of the location, construction, maintenanc e, repair, extension, renewal, or reconstruction of imrrovements shall be deemed a waiver of the obligations of Liuleton contained herein . G . Englewood warrants that it is the owner of the property and does have full right, title and authority to grant the easement and right-of-way to Littleton . Littleton ack now ledges Englewood 's ownership of the property and that Littleton has no r'ihts to any po rtion of the property oth er than this easement and right-o f-way . H . All construction activities on Englewood's property must comply with th e approved Erosion Control Plan, the approved Site Grading Plan, and the approved Subdivision Plat. Englewood acknowledges that most of the improvements have been constructed as of the date of this Grant of Easement and Right-of-Wa y and Englewood he s accept ed th e construction of such comp leted imp rovements as -2 · I. J . K. L. M . K . 0 . P . Q . complying with such plans and plat. Any chanee ■ or modification ■ to the plans or features depicted on the plans must be approved in writine by Enelewood prior to the work beeinning. No activity of any type, wHI occur on Englewood's property except for operation and maintenance of th e e&1emen t. No sediment, except tha t resulting from surface water runoff anJ/or sedim ent caused by natural force s such as wind , ,ain, snow melt and other natural events, or construction material of a ,y type shall be allowed to be introduced to the water in the reservoir, or within the high water area of the reservoir. This includes con crete, t imber, rock , dirt, sand and grasses and other plant material. All d isturbances of Englewood's property mu st be returned to the condition in which it was prior to construction beginning. All di sturbed ar eas must he properly graded and reseeded, and any areas that have been reseeded shall have suitabl e cover to prev ent erosion prior to th e removal of the Envirofe.nce . Ser ;iing materia l shall be approve d by Englewood pri or to the comm encement of the reseed ing process. If a·ny provision of the agreement is not performeJ properly by Lillleton, its as sit'":"!:c., agents or contracto rs , Englewood retains the right to revoke it s permission to tr espass and perform construction activi ties on Englewood's property at any time. In this event, Littleto n, its assigns, agents or contracto rs, "i ll have 24 h ours to vac ute the Engl ewood property. If repair or restoration is not performed on Englewood's property pursuant to th e tenn s and condition s of the Grant of Eas..nent a nd Right-of-Way, Englewoo d r etains the option of h avi ng the wc,k performed and the C ity of Littleton agrees to pay any such invoice within 30 days. Th e City of Littleton shall notify Engl ew ood 48 hours prior to the da te on wh ich u se of Englewood's prop erty will comm en ce . The City of Littleton agrees to coo perate with Englewood to preve nt access by the public to Mclellan Re servoir and Engl ewo od's pro pe rty. l ittleton shall not impa ir subadj acent and late ra l support of Englewoo d's prope rty. Ea ch and every one of th e benefits and burdens of the grant or easem ent sh a ll inur e to an d be binding upon th e partie s, th e ir repr esentatives, s•1c ce ssors and e s sig n s R . Engl ewood does not relinqui sh any authonty, rights, or privileges it may exercise as a Col orado home rule city . S . Th e Agreement s uperse des any and all agreem ,nts , written or oral , enter ed in to between the parties or th ei r pred ece ssors. In troduced , read in full , and passed on fir st reading on the 6th day of June, 1994 . -3- Published as a Bill for an Ordinance on the 9th day of June, 1994. Read by title and paned on final reading on the 20th day of June, 1994 . Published by title as Ordinance No~. Serie• of 1994, on the 23rd day of June, 1994 . 1 ~ . J~J fl/4 Louct;sh ia A. Elli s , City Clerk 1. Loucrishia A. Ell is, City Clerk of th e City of Engl ewoo d, Colorado , hereby certify that Lh ~ above and foregoing is a true copi_ofthe Ordinance pa ssed on final reeding and publ ished by title as Ordinance No . ..!;1, Series of 1994 . ~u4 tf~- Loucri•hi• A. Elli s -4- GRANT OF EASEMENT AND RJGHT OF WAY THIS GRA NT OF EASE l\-!E NT AND RJGHT OF WAY, made thi s da y of-~~------,,-----,-' 19 94, by and between the CITY OF ENGIEWoOD, a municip al co rporat ion of the State of Colorado (Englewo od) and the CITY OF LITT LE TON , a mun ic ipal corp ora tion o f the St ate of Colorad o (Grant ee). WHEREAS, Englewood is, by warr anty deed , fee owner of real propeny located in the Count y of Arapahoe, State of Col orado, as described in Exhibit A, up on which Eng lew ood maintains a wa ter reservoir kno wn ~s Mclellan Res erv oir; and WHEREAS , it is ess enti al that Eng lewoo d hav e cont inuous and uninterrupted use of the water reservoir fo r the domestic water needs of Englewood and En gle wood's rr.si dents with out inter ference fr om an y other pany ; and WHEREAS , an y dama ge or interru ption to the functi onin g of the re serv oir fo r th e c ll ection an d sto rage of wat er therein woul d re sult in signifi cant ac tual and conse quenti al d:1 ma ges ; NOW , THE REFORE, for and in consideration of the sum ofTen ')ollars ($10) and oLli er goo d and val ua ble con si deration, the rece ipt and sufficienc y Jf which are hereby ackn owledged by Englew oo d, Englewood , for itself, its succe ssors and ass igns , hereby grants , bargains, sell s and conve ys to Gran tee , its successors and assigns , a perpetua: easem ent and right of wa y to con st ruct , maintain , operate, and reconstruct storm water overflow outle ts for surface wat er drainage fr om adjacent Ian~, filter fenci ng for trapping sed iments (E nvirofence), a perime ter wall around the ex1erior of the adjacent subdivision kno wn as Southpark .:,ubdivis ion Filing No . 11 (including Southp ark Subdivis ion Filings !'so . I IA , 11B and I IC ), and related constructi on and improvements (all co llectivel y called Imp rovements ), 5ubject to the term s and cond iti on s set forth here in as foll ows : TO LA VE AND TO HOLD UNT O GRANTEE , ITS SUCCESSORS AND ASSI GNS FOREVER THE RJGHTS GRANTED , CONVEYED , AND CONFIRMED TO GRANTEE HE REIN UPON THE FOLLOWING TERMS AND CONDITIONS : Gra nt ee shall ha ve limited access, as set forth herein , acro ss, ove r, above , and along the real prope rty described in Exhibit A (hereinafter referred to as Grantor 's Prop eny), fo r: I. ImproYem ent s of Grantee locate d on Grantor 's Pr operty shall be constructed , and at all times mainta inr d, rep aired , extended , renewed, operated and used in such a mann er as to cau se no interference wha tsoever with the constant, conti nuous and uninterrupted use of Mclellan Reservoir by Englewood . No thin2 sha i! be done or su ffere d to be done by Grantee on Grantor's Pr opert~ at a· ,y time that woul d in any manner impair th e safe ty thereof. Englew·o od retains all rights to construct , ma intai n, repair , extend , remove , rec cnstruct, protect , or rel ocate the re serv oir, which rights shall be superio: to and supers ede an y right of Grantee, bu t in so do ing Englewood shall take re as onable safeguards not to damage the Impro vements, and exercise of such rights shall not termi na te this Gr an• of Easement an d Right of Way. 2. Any Improvements authorized hereby shall be constructed, operated, maintained , repaired, extended, renewed and/or rec onstructed, in conformity wi1h plans, specifications and method of construction presented to and appro ved by Grantor . Grantor may deny approval of plans , specifications, and methods of construc tion if denial is based on generally accepted engineering principles for the proposed acti vity that may cause damage to the Grantor 's Property . In the event of a denial , Grantor shall give reasons for denial and shall propose alternatives . J . Grantee shall notify Englewood's Director of Utilities at least forty-eight (48 ) hours in advance of commencem ent of any work upon the Grantor's Pro perty in connection wiL'1 the construction, maintenance, repair, exte nsion, reloca:ion, remo val, or reconstruction of Improvements, except in cases of emergency when work is necessary to prevent loss or damage to the Mclellan Reservoir property of Englewood, property of other owners, or life and safety of persons. 4 . Grantee shall bear the ~nt ire cost and expense incurred in connection with the construction , mai r renance, repair , and renewal and any and all moc!ificat io n. rev ision, ,'.:<t ensi on, reloc ation, removal, or • construction of Improvemen ts, now or herea ft er mad e; provided that Engle wood , its agents and contractors were nut the cause of the damage to the Improvements. 5. Englewood shall have the right to protect Mclellan Reserv oir or property of Englewood when necessary or proper ; provided , however, Englewood's right of prot ection of Mclell an Reservoir shall not entitle Englewood to terminate Gran tee's use and operation of this eas P.ment and the facilitiles co nstructed thereon . 6. Neither the right of supervis io n by Engl ewood of the locati on, construction, ma intenance , repair, extension , renewal. reconstruction or relocation of the Impro vements, nor the exercise or failure to exercise said right, nor the appr ov al or failure to disapprove by Englewood of the location , con structio!l, maintenance, repair , extension , renewal , or rec onstruction of Improvements shall be deemed a waiver of the obligations of Grantee contained herein. 7. En glewood warrants that it is the fee simple owner of the property described in Exhibit A and that Englewood has full right, title , anJ authority to grant the easement and right of wa y to Grantee . Grantee acknowledges Englewo od's fee si mple interest in title to that property described in Exhibit A and funher acknowledges that Grantee has no rights to any poni on of the property des cribed in Exhibit A other than as described he;-.'r.. 8. All con struction activit ies on the Grant or's Property musl comply with the approved Erosi on Control Plan . the approved Site Grading Plan, and the app rov ed Subdivision Plat. Englewood acknowledges that ~ost of the Impr ov ements have been constructed as of the date of this Grant of Easement and Right of Way and Englewood has accepted the construction of such completed Improvements as complying with such plans and plat. -2- •A An y changes or m~difica t_io ns to the plans or f~aturcs dep icted on the plans W, must be approved m wmmg by Englewood prior to the work beg inning . 9 . No act ivity of any typ e. will occur on Grantor's Property exce pt for operat ion and maintenance of the casement. 10. No sediment, except that re sulling fr om surface water run o ff and/or sediment caused by na tu ral forces such as wind, rain , snowm elt and other natural events , or constru ction material of any type shall be allowed to be in1 ro duced to the water in the re se rvoir, or within the high water are a of the re servo ir . This includes concrete . timber , rock, dirt, sand and grasses and oth er plan: mate rial. 11 . All disturbances of the Grantor"s Pr oper.; mu st be returned to the condition in which it was prior to construction be ginni ng . All disturbed areas must be pr op erly graded and re seeded , and any areas that ha ve be en re see ded sha ll ha ve suitab le cover to pre vent erosion prior to the remo val of the Env irofence . Se eding mate rial sha ll be approved by the Englewood prior to the comrr.encement of the re see ding pr oces s. 12. If any provisi on of this agrccmen1 is not per fo nne d properly by GrJ11tce, its assigns, agents or contractors, Englewood retains the right to revoke its penn issio n to trespass and perfonn construction activitie s on the Grantor's Prop erty at any time . In th is event , Giantee , its assigns , agents or contractors , will ha ve tw en ty-fo ur (2 4) hours to vacate the Engle woo d proper:y. 13. If repa ir or re sto ration is not per fonne d on Grantor 's Property pursuant to the tenns and .:onditions of th is Grant of Eas ement and Right of Way En glewoo d retains the optio n of havi ng the work pe rfo nned and Grantee agrees to pay any such invoi ce within thirty (30 ) days. 14 . Grantee shall notify Eng lewood forty-eig ht (s 8) hours prio r to the date on which use of the Gran tor's Prope rty will commence. 15 . Grantee agrees to cooperate with Englewood to prevent access by the publ ic to Mclellan Reservoir and the Grantor's Property. 16. Gr antee shall not im pai r subadja cent and lateral supp ort of Grantor 's Pr operty . 17. Each and every one of the ben efi ts and burdens of thi s grant of easement shall inure to and be bindi ng upon the parties heret o and thei r le ga l repr esen1a1ives , succ esso rs and assigns . 18. Eng lewoo d hereb y does not re lin quis h any auth ority , ri ghts, or privi leges it may exerc ise as a Colorado home rule city. 19 . This agreemen supersedes an y and all agreements, wrinen or oral, heret ofo re ent e~ed into betwee n th e parties or their predeces sors . . ). IN WITNESS WHEREOF, the parties hereto have executed this Grant of Easement and Right of Way the day and year first abo ,·e written. ATTEST : Title: ________ _ ATTEST : t ST A TE OF COLOR.ADO CO UNTY OF ARAPAHOE ) ) ss . ) GRANTOR: CITY OF ENGLEWOOD, a Colorado municipal corporation By: Title: ____________ _ GRANTEE : CITY OF LITI1.ETON , a Colorado municipal corporation By : aff?¼ / /&&/ Title : Ci!)' Manager (D eput y) f/ The foregoing instrument was acknowledged before me this __ day of , !994 by--------,....,.,,--as May or, and ----as ________ of the City ')f Englew--oo-d~,-a~C~o~lo_ra_d~o municipal corporation . Wl'JNESS my hand and official seal. My commissi on expires: Notary Public JOINDER Th e Peninsula Homeow ners Associat ion, Inc ., a Col orado corporati n~ (Association) hereb y join s, to the extent expressly described in this Joinder but not otherwise, in th~ foregoing Grant of Easement and Right of Wa y made by the City of Englewood, a -4- municipal corporation of the State of Colorado (Englewood), to the City of Littleton, a municipal corporation of the State of Colorado (Grantee), for the purpose of obtaining from Englewood the benefit of the casement and right of way for all owners of property within South park Filing No. 11, including Southpark Subdivis io n Filings No . 11 A, I I B and 11 C, and agree as follows: I . The As rn ciation agrees that , as provided in paragraph I of the Grant of Easement and Right of Way , Englewood retains all rights to construct, maintain , repair, extend , remove. reconstruct , protect, or relocate Mclellan Reservoir, which rights shall be superior to and supersede any right of the Association, but in so doing Englewood shall take reasonable sa feguar ds not to damage the Improvements , and exercise of such rights shall not tenninate this Grant of Easement and Right of Way . 2. The Associa110:1 agrees that, to the extent it specifically and expressly assum es an y obligations of Grantee to construct, maintain, repair, extend, renew, operate and use any of the Improvements, it will do so in accordance with the provisions of and subject to the terms and conditions of the Grant of Easement and Right of Way app licable to Grant ee; pro vid ed, however, nothing in this Joinder shall obligate the Assoc ia tion to un dertake any of the obligations and responsibilities of Littleton for the Impro vemen ts or other as pe cts of the Grant of Easement and Right of Way unless the Ass oci ati on spec ifica ll y and expressly agrees in writing with Grantee to undertake certain specific obligations and responsibilities. Exe cu te d on 7/1/r-.,_.,; ,,_, ATTEST: STA TE OF COLORADO County of Arapahoe tf , 1994 by the Association. The Peninsula Homeowners Association, Inc ., a Colorado nonprofit corporatior By: [:~~~~ l~ ) ) ss . ) Jlle foregoing Joinder was acknowledged before me this 4d day of --;,; ,,.,,,_,_,, 1994 by ;;(,,.,,: :; ... ,u.;c -c~"-=-as president and c ~ .• , ·v _,,. n•,, --. <: :,:-as secretary of Th e Penin sula Homeowners Assoc iat ion , Inc ., a Colorado nonprofit corp or ation . My commiss ion expires : ·-;;1,._,_ /.:c-;-;7,:., No tary Pu blic ti -5· Drainage Easement A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 33, · f ?~NJt 1r1i-r~~g;~ .. ~t~~Nttf ~1p~~JtE s¥~'VEH J'l~8~~LA~6.R~?gRNE PARTICULAP.LY DESCRIBED AS FOLLOWS: A STRIP OF LAND 1WENTY (20 .00) FEET IN WIDTH, BE ING TEN (10.00) FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE WITH THE RIGHT-OF- WAY LINES OF SAID EASEMENT EXTE"IDING AHEAD OR BACK TO INTERSECT THE BEGI NNING ANO TERMINATING LINES INDICATED: COMMENC11'1G THE I MOST SOUTHEASTERLY BOUNDARY CORNER· OF SOUTHPARK SUBDIVISION FILING NO. 8 AS RECORDED IN THE ARAPAHOE COUNTY CLERK AND RECORDER'S OFFICE AT BOOK 79, PAGE 1, RECEPTION NO . 2459633, SAID POINT BEING ON THE WESTERLY BOUNDARY OF HIGHUNE CAN AL, AS RECORDED IN THE ARAPAHOE COUNTY CLERK AND RECORDER'S OFF IC E AT EOOK 1060 , PAGE 44; THENCE ALONG SAID HIGHLINE CANAL BOUND AnY Tr.E FOLLOWING FOUR (4) COURSES : 1. THEN CE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 498.66 FEET , A CENTRAL ANGLE OF 27°23"30" WHOSE CHORD BEARS S 2s 0 1s ·43• E AN ARC DISTANCE OF 238.40 FEET; . 2. THENCE S 14°36'58" E A DISTANCE OF 346.11 FEET TO A POINT OF CURVATU RE: . 3 . THE NC E ALONG SA ID CURVE TO THE LEFT HAVING A RADIUS OF 891.27 FEET. A CE NT RAL ANGLE OF o7°sa·30· WHOSE CHORD BE.AAS A S 1 s0 36'13" E AN ARC DISTANCE OF 124 .06 FEET; - 4. THEI-JC E S 22o35·2s· EA DISTANCE OF 166.03 FEET; T HE!· CE Off/\RTING FROM SA ID HIGHLINE CANAL BOUNDARY ALONG THE FUT Ur.E SOU THERLY BOUNDARY OF SOUTHPARK SUBDIVISION FILING NO. 11 PHASE II THE FOLLOWING 1WO (2) COURSES : 1. THENC E S 59o54·31 · WA DISTANCE OF 253.54 FEET; 2. TH E! CE N 73o45·25· WA DISTANCE OF 373 .16 FEET TO THE POINT OF ElEGINiJll.JG; THENCE S 16° 11 ·35· W A DISTANC E OF 30.00 · FEET TO T HE POINT OF TER MIN US; SAID PARCEL CONTAINING 600 SQUARE FEET, MORE OR LESS. 0228SSE (GS Legal) January 28, 1993 Februa ry 10, 1993 COUNOL a»dMl.JNICA11a,f }Wle 6, 1994 INmATIID BY Agenda ltml 12 g Utilities Department Subject Grant of Easement and Right-of-Way for Mclellan Reservoir STAFF SOURC E De1~nis :,towe, Acting IJirector of Utilities COUNOLGOAL ----------· -· l$UE/ ACTION PROPOScD -Staff requests COWlci! support fo t a bill for an ordinance approving the Grant of Easement and Right-of-Way betwP.en the City of Englewood and the City of Littleton for a drainage casement on the M cLellan Reservoir property. PREVIOUS COUNOL ACTION - None. BACKGROUND The purpose of the easement is to allow construction of storm water o verflow outlets for surface water drainage, filter fencing for trapping sediments (an Envirofence), and a perimeter wall aroWld the exterior of 1,':\e adjacent Southpark Subdivision No. 11 . All disturbed areas will be reseeded and have suitable cover to prevent erosion. The surface water drainage first flows to a pump station, which is designed to handle a two year storm. This pump station is designed to catch the runoff with the highest level of contanunation. The excess runoff ITOm a two year storm overflows the pump station and flows into the reservoir. The overflow water is expected to be reasonably clean water and should not impact reservoir water quality . Proper operation of the pump station is required to prevent contaminants entering the reservoir. STAPP ANALYSIS 'The Grant of Easement and Right-of-Way is for a perpetual easement and right-of-way to construct and maintain a storm water overflow outlet for surface water drainage from the adjacent area, Southpark Subdivision Filing No. 11, which includes Southpark Subdivision Filings No. llA, 11B, and llC. FINANOAL IMPACT The City of Littleton will incur the .:osts involved with the construction, removal, or relocation of the outlets and fencing. There is no financial impact on the City of Englewood.