HomeMy WebLinkAbout1994 Ordinance No. 057•
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ORDINANCE NO.q;
SERIES OF 1994
BY AUTHORITY
COUNCll. BILL NO. 59
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL PERPETUAL
EASEMENT AND RIGHT-OF-WAY TO MAINTAIN AND OPERATE STORM WATER
OVERFLOW OUTLETS FOR SURFACE WATER DRAINAGE FROM ADJACENT LAND,
BETWEEN THE CITY OF ENGLEWOOD, THE CITY OF LITTLETON AND
PENINSULA HOMEOWNERS ASSOCIATION, INC. FOR THE CITY OF ENGLEWOOD
PROPERTY KNOWN AS MCLELLAN RESERVOIR.
WHEREAS, the intergovernmental perpetual easement and right,of-way lo conetruct,
maintain, operate and reconstruct storm water overflow outlets for surface water drainage
from acljacent land, to the City of Littleton ie hereby accepted and approved by the Englewood
City Council . The Mayor is authorized lo execute and the City Clerlt to attest and seal the
easement for and on behalf of the City of Englewood, Colorado.; and
WHEREAS, the City of Englewood , Colorado is the owner ofreal property located in the
County of Arapahoe upon which Englewood maintains Q water reservoir known ae McLellan
Reservoir ; and
WHEREAS, it is essential that Englewood have continuous and uninterrupted use of
McLellan 'Reservoir to supply the domestic water needs of Englewood and Englewood"•
residents without interference from other parties; and
WHEREAS, any damage or interruption to the functioning of McLellan Reservoir for the
collection and storage of water therein would result in significant actual and consequential
damages; and
WHEREAS, for the monetary sum of ten doll an ($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 to allow drainage
of surface water which e,ceeds the water produced by a two year storm event from acljacent
land, which includes Southpark Subdivision Filings No . llA, llB and llC, and related
construction and improvements ; and
WHEREAS, the City of Littleton bas agreed to intercept and remove all drainage to
McLellan from the above defined ailjacent land which results from two year storm events or
less;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
E:,GLEWOOD, COLORADO, AS FOLLOWS :
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Sll:tilm.1-The City Council of the City of Englewood, Colorado hereby authorize, the
lntargovemmental Agreement between the City of Littleton, Colorado and the Pennin ■ula
Homeowner■ Aaaociation , Inc. for a perpetual Ea■ement and Rieht-of-Way in order to
maintain and operate atorm watar overllow outlet& for 1urfaC4! watar which e,cee<h the
watar produced by a two year 1tonn event from acljacent land at the property known as
McLellan Reservoir. The lntargovemmental Agreement i1 attached hereto as "Ezhibit
1·.
~-The Mayor and City Clerk are hereby authorized to 1ign and attest, respectively,
the ■aid Lieen ■e Agreement for and on behalf of the City Council and the City of Englewood,
Colorado.
Introduced, rud in full , and pas■ed on first reading on th • )7th day of October, 1994.
Published as a Bill for an Ordinance on the 20th day of October, 1994 .
Read by title and passed on 5"81 reading on the 7th day of November, 1994.
Published by title as Ordi,iance No.~ Series of 1994, on the 10th da of Nove mber,
1994 .
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ucrishia A. Ellis, ..!1t)" Clerk
I, Loucrishla A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that
the above and forego ing is a true coll:l7'jf the Ordinance passed on final reading and
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Loucriahia A. Ellis
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Exhibit 1
QRANT or WJWENT 6NP NGR'J' or DX
THIS GRANT OF EASEMENT AND RIGHT OF WAY, made lhd _,~of
----.,..,----,,-1994, by and betwND the Cft'Y OF BNOLBWOO~, a manicipal
corporation of the State of Colorado, <Bnll .. ood), and the CITY OP LllTLBI'ON, a
municipal corporation of the State of Colorado (Grantee);
WHEREAS, Englewood ia, by warranty deed, fee owner ol -1 pn,perty located in the
County of Arapahoe, State of Colorado, u deaeribed in Exhibit A, upon which lnpwoocl
maintains a water reaervoir known aa McLellan Reaervoir; and
WHEREAS, it ia eaentlal that Enrlewood have contlnuo111 and unintenupted me of the
water reservoir for the domea'ac water nNda of Enitewood and Enitewood'a reaidenta
without interference from any other party; and
WHEREAS , any damare or intemiptlon to the reeem,ir or water th11'9in would reault in
1i rnificant actual and con aequential damapa; and
NOW, THEREFORE. t'or and in conaideratior. of the 1111111 of Ten Dollan CSlO) and other
good and valuable conaideratior,, the rece;pt and sufficiency of whiclt are hereby
acknowledged by Englewood, E,,~ewood, for itaelf, ita su.:eeuon and ua,na, hereby
grants, bargains, sells and conveys to Grantee, ita succesaon and ua,na, a perpetual
e&'Sement and right of wav to conatruct, maintain, operate, and reconatruct atorm water
o,·erflow outleta to allow ,\rainap of surface water whiclt aceeds die water produad by a
two year storm event fro 1n acijar.ent land, and related conatruetion and imp""1emtnta (all
collectively called Impro.ementt ), subject to the terma ani conditlona llt forth herein as
follows :
TO HA VE AND TO HOLD t;NTO GRANTEE, ITS SUCCESSORS MID ASSIGNS,
FOREVER THE RIGHTS GRANTED, CONVEYED, All"D CONFIRMED TO GRANTEE
HEREIN UPON 'fiiE FOLLOWING TERMS AND CONDffiONS:
Grantee shall have limited ucceu, u aet forth herein, across, over, above, alone the real
property described in E•.'1ibit A (herein after referred to u "Grantor's propertyi, for :
1. Improvements of Grantee located on Grantor's property shall be constructed,
and at all times maintained, repaired, extended, renewed, operated and uaed in
such a manner as to ,ause no interference whataoever ,rith the constant,
continuo111 and unint,rrupted use of McLeDan Reservoir by Enclewood.
Nothing shall be done ,T suft"ered to be done by Grantee on Grantor'a Property at
any time that would in any manner impair the safety thereof. Englewood
retains a ll rights to construct, maintain, repair, extend, remove, reconmuct,
protect, or relocate the reservoir, which riiit,ta shall be auperior to and aupenede
any right of Grantee, but in so doing Englewood aball take reasonable
safeguards not to damace the Improvements, and exercise of auch ripts aball
not terminate this Grant ofEaaement and JUcht of Way.
2. Any improvements authorized hereby shall be constructed, operated,
maintained, repaired, extended, renewed 1.nd/or reconstructed, in conf'ormity
with plans, specifications and method of construction presented to and approved
by Grantor. Grantor may deny approval of plans, specificationa, and methods
of con struction if denial is based on generally accepted engineerinc principles
for the proposed ac ti vity that may ca111e damap to the Grantor's Property. In
the event of a denial, Gnntor aball g1 .. -of 4aalal 111d lhall propoN
alttmativ11.
3. Granta thal1 n~ the J:nclnood Dinctor olUtilltiH at leut forty-4ipt (48)
b011r1 in ad-nnce of comm.,cement ol uy work IIPOD the Gnntor'e l'ropert)'
in connection with the C01lltnlction, maintlnaace, npair, uteuioo,
reltution, removal, or nconlltnlction of lmprovementt, acept in ..-of
emci-pncy when work ii n--,y to !l"IYIDt 1-o, damap lo the YcLallan
l!eMMrir property o\" Bn&lnood, propefft al other ownen, or tif'o and ulaty of
persoas.
◄. Grontee lhall boar the entire coat and UJ)IDM inaund in connection with the
coaatnaction, maintenance, repair, and rouewal and any and all modification,
revision, enenaion, relocation, removal, or nconatruction al Improvement.a,
now or hereafter made; provided that Enclewood, itt 11p11tt and eontracton
wen not the eaUM olthe damap to the lmproY1111mta.
5. Englewood shall have the riet,t to protect the McLellan Reservoir or property of
En1lewood when nlCftlU)' ot proper; provided, bonvar, Enc1ewood '1 rilbt to
protection ol McLellan Reurwir aball not entitle Encltwood to terminate
Grantee's use and operation of thia easement and the faeilitiu 'coaatructed
thereon.
6 . Grantee shall have the oblipt>on to operate and maintain a ayatem which aball
intercept and remove all drainap resultin& from two yur atorm eventt or 1111
from a,ijacent land which includea Soutbpark Subdiviaion Filinp No. llA,
11B and UC. Emergency events may be ucludecl upon reasonable notice to the
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City of Enclewood. Failure of Grantee to operete and maintain aaid ayatem •
ahall entitle Enalewood to terminate thia euemenL ,-
7. Neither the rieht of supervision by Englewood of the location, conauv.ction,
maintenance, repair, extension, renewal, reconstrw:tion or relocation o{ the
Improvements, nor the eurtiae or failure to uemae laid rilbt, nor the
approval or failure to dilapprove by Englewood of the location, conatructinn,
maintenance, repair, eztenaion, renewal, or reconstruction o( Improvement.a
shall be deemed a waiver of the obliptiona of Grantee contained herein.
8. Enelewood warrants that it ia the fee si'mple owner of the property described in
Emibit A and tha Englewood bu full rilbt, title, and autborit;y to 1r111t the
eaaement and risbt of way to Grantee. Grtntee Kknowledpa Enclewood's fee
ample in wrest in title to that property described in 1-mihit A and further
acknowledges that Grentee baa no riehts to any portion of the property deacribed
in Exhibit A other than u deacribed herein.
9. All conotrw:tion activities on the Grantor'a property muat comply with the
approved Erosion Control Plan, the approved Sitt Gradin1 Plan, and the
approved Subdivision PlaL Any chanp1 or modifieationa to the plans or
features depicted on the plans mu1t be approved in writine by Englewood prior to
the work beginning.
10. No activity of any type, will occur on Grantor'a Property ucept for operation
and maintenance of the storm drainage system within the eaaemenL
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11. No Ndlment, or -,ltnldian -.I of-, t.,pe lhall be allowld to be
introduced to tb6 ntier in Ille_,,.;,, II within the !up ...t.er ana of the
reurvoir. Thia include, ...,..-, timber, rock, dirt, and and .,.._ ad
other plant material.
12. AU dioturbance of the Orator'• Property mult be returned to the condition in
which it wu prior to conotnadion becinnin,:. All diatwbod .,... mnlt be
properly ,:reded and rueeded., and any areu that have beei, reoeeded ohall
have ouitable cover to prevent ffOCioa prior to the remClfti of' the EnW'Of'mce.
Seedin,: mat.rial ohall be apprOftd by En1lewood prior to the commencement of
the reseedinc procesa.
13. If any provision of thi1 qnement is not performed properly by Grantle, it.I
uli,:ns, qentl or contracton, Enclewood retaina the risht •· revoke itl
permislion to trespa11 and perform con1trucaon ld;mtiea on Orator's
Property at any time. In this nent, Grantee, itl alli,:na, -,entl or conlncton,
will have twenty-four (24) hours to vacate En,:lewood's Property.
14. If repair, or reatoration is not performed proper ly on Grato. 'Property
pursuant to the terms and -,ditiolll of this Grant of Euement ad ]!;sht of
Way , En,:lewood retains the option ofhavinr the work performed and Grantee
qree1 to pay any such invoi .. ,rithin thirty (30) days.
15 . Grantee shall notify the City fony•t (48) houn prior to the date on which 111e
of the Grantor's Prope~ will commence .
16. Grantee a,:rees to cooperate with Englewood to prevent ...... by the public to
McLellan Reservoir and the Grantor's Property.
17. Grantee shall not impair subjacent and lateral support ofGrantor'1 property.
18. Each and every one of the benefits and burdens of thi1 ,:rent of -ment shall
inure to and be binding upon the parties hereto and their lep) repreHntative1,
suc cesso rs , and assigns .
19. Englewood hereby does not relin qui 1h any authority, fishta, or privilege ■ it
may exerc ~se as a Colorado home rule city.
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20. Ttua..--t ..,.,......any and all ...-la, wriUeD o, .nl. bnetafore
anandiDto~diepani••tMirpnil1 11 "1. •
IN WITNESS WHEREOF, the peraet hereto have a:ee,ilad this Gnnt alZ-t and
Richt of Way the day and year !Im above written.
ATTEST :
Loucri1bia A. Ellis, City Clerk
ATTEST :
City Clerk
APPROVED AS TO FORM:
City Attorney
SfATEOF ______ l
)a
COUNTYOF l
GllANTOR:
CITY OF BNGLBWOOD, COLORADO
a mwricipal corporation
Sheri Gulley, Mayor
GR.ANTEE :
CITY OF LITTLETON
a Colorado mwricipal corporation
Title : City Man.o&er ,
The foregoinlt instrument wu acknowledged before me this_ day of __ _
_____ JS9,lby, _________ uMayor,and ____ _
------~ as C\ty Clerk, of the City ofEn1tlewood, a Colorado municipal
corporat ion .
Witness my hand and official seal.
My Commiuion expires:
Notary Public
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.IOINDER
The Peninaula HomeownerJ Auociation, Inc., a Colorado corpontioD (A.uociatioo)
hereby joins, to the -t ap,_.1y deocribecl in this .loinder but not othenriM, in the
foreet'inc Grant of Euement and Ri&bt of Way made by the City al Bnslewood. a
municipal corporation al the State of Colorado (Bn,lewood}, to the City ol'Littleton, a
municipal corporation of the State of Colorado (Grantee), for the J1111POM at oblaininc from
Enclewood the benefit ofthu easement and ricbt of-y for all.....,... al property within
Southpark Filin1 No . 11, includinc Soutbpark Subdivision Filinp No. 11.A, 11B md llC,
and acne u follows:
1. The Association acne• that, u provided in paracraph 1 of th~ Grant of Euement
and Right of Way, Enclewood retains all rishts to construct, maintain, repair, utend,
remove, reconstruct, protect, or relocate McLellan Ruervoir, which ricbts shall be
superior to and supenede any ·richt of the Aasociaaon, but in so doinc Enclewood shall
take reasonable safeguards not to damqe the Improvements, and uercise of auch
ri!'!hts shall not terminate this GT-ant of Easement and Right of Way.
2. The Association &CT"''" that, to the eztent it specifically and up~ly usumes any
obligations of Grantee to construct, maintain, repair, utend, renew, opente and use
any of the Improvements, it will do so in accordance with the proviaion1 of and subject
to the terms and conditions of the Grant of Easement and Richt of Way applicable to
Grantee; provided, however, nothing in this Joinder shall oblipte the Auociation to
undertake any of the obligations and responlibilities of Littleton for the Imrnwements
or other aspects of the Grant of Euement and Right of Way unl111 the Auocialion
specifi cally and upressly acree• in wrianc with Grantee to undertake certain specific
obligations and responsibilities .
Executed on -----~ 1994 by the Association,
ATTEST :
Secretary
APPROVED AS TO FORM :
City Attorney
The Peninsula Homeown~ .. Association,
Inc., a Colorado nonprofit corpomon
Title :
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BrATEOF _____ _
COUNTY OF ____ _
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Th e fonpiq inltnment -admowledpd Won me lhia _ day or __ _
_____ a&ti,, ___________ upreoidont,and. ___ _
_______ u Seeretuy, ol the Penin ■ula HomeoWDen Auodatlon, Inc ., a
Colorado nonr . afit corporation.
Witne11 my hand and official au!.
My Commiuion upiru:
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Notary Public
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LEGAL CESCRIPTION
Dninaga Easement
A PARCEL OF LAND LOCATED IN TH E SOUTHWEST QUARTER OF SECTION 33 ,
TOWNSHIP 5 SOUTH , RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN ,
CITY OF LITTLETON , COUNTY OF ARAPAHOE , STATE OF COLORADO, MORE
PARTICULARLY DES CRIBED AS FOLLOWS :
.A STRIP OF LAND TWENTY (20 .00) FEET IN WIDTH, BEING TEN (10 .00) FEET ON
EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE WITH THE ·RIGHT-OF-
WAY LINES OF SAID EASEMENT EXTENDING AHEAD OR BACK TO INTERSECT
THE BEGIN NING AND TERMINAT ING LINES INDICATED :
COMM ENCING TH E MOST SOUTHEASTERLY BOUNDARY CORNER OF
.SOUTHPARK SUBD IVISION FILING NO . 8 AS RECORDED IN THE ARAPAHOE
COUNTY CLERK AND RECORDER'S OFF ICE AT BOOK 79 , PAGE 1, RECEPTION
NO. 2459633 . SAID POINT BEING ON THE WESTERLY BOUNDARY OF HIGHLINE
CANAL , AS F,ECORDED IN THE ARAPAHOE COUNTY CLERK AND RECORDER 'S
OFFI CE AT BOOK 1860 , PAGE 44 ; THENCE ALONG SAID HIGHLINE CANAL
BOUNDARY THE FOLLOWING FOUR (4) COURSES:
1. THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 498 .66
FEET , A CENTRAL ANGLE OF 27°23'30" WHOSE CHORD BEARS
S 28°18'43" E AN ARC DISTANCE OF 238 .40 FEET;
2. THENCE S 14035·5s· E A DISTANCE OF 346.11 FEET TO A POINT OF
CURVATURE :
3. THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 891 .27
FEET , A CENTRAL ANGLE OF 07°58'30" WHO~E CHORD BEARS
S 1a035·13· E AN ARC DISTANCE OF 124.06 FEET ; .
4. THENCE S 22°35'28" EA DISTANCE OF 166.03 FEET ;
THE NCE DEPARTING FROM SAID HIGHUNE CANAL BOUNDARY ALONG THE
FUTURE SOUTHERLY BOUNDARY OF SOUTHPARK SUBDIVISION FILING NO . 11
PHASE II THE FOLLOWING TWO (2) COURSES :
1. THEN CE S 59o54•31· WA DISTANCE OF 253 .54 FEET; ,
2. THENCE N 73°48'25" WA DISTANCE OF 373 .16 FEET TO THE PO INT OF
BEGI NNIN G;
TH ENCE S 1s0 11 ·35· W A DISTANCE OF 30 .00 FEET TO THE POINT OF
TERMINUS ; S,\ID PARCEL CONTAINING 600 SQUARE FEET, MORE OR LESS.
022BSSE
(GS Legal)
January 28 , 199 3
February 10 , 1993
SECTION H I TOW .. SNP 15 SOUTH, RAI. JE .II WEST, SIXT!
PRINCIPAL MEIIIDIAM, COUNTY OF ARAPAHOE ·•
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~ tu.I.El • 100 ••
POINT OF BEGINNING
LEGAL DESCRIPTION
Dr1111111119 Euement
C
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTlON 33,
TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
CITY OF LITTLETON, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND TWENTY (20 .00)° FEET IN WIDTH, BEING TEN (10.00) FEET ON
EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE WITH THE RIGHT-OF-
WAY LI NES OF SAID EASEMENT EXTENDING AHEAD OR BACK TO INTERSECT
THE BEGINNING AND ~RMINATING LINES INDICATED :
. .
COMMENCING AT A POINT COMMON TO THE CENTERLINE OF HIGHUNE CANAL
DRIVE AND SOUTHERLY BOUNDARY 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; THENCE N 64°52'18" W
ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 85 .00 FEET TO A POINT
ON THE FUTURE WESTERLY BOUNDARY OF SOUTHPARK SUBDIVISION FILING
NO . 11: THENCE ALONG SAID FUTURE WESTERLY BOUNDARY THE FOLLOWING
FIVE (5) COURSES :
1.
2.
3 .
4 ,
5.
THENCE S 25°0742" WA DISTANCE OF 115.00 FEET ;
THENCE S es0 00 ·49• WA DISnNCE OF 332 .73 FEET ;
THENCE S 41°20·41• WA DISTANCE OF 279 .67 FEET ;
THENCE S 31°21·50• WA DISTANCE OF 390 .45 FEET ;
THENCE S 72°12'35" E A DISTANCE OF 565.53 FEET TO THE POINT OF
BEGINNING
THENCE S 1·7°4725" W A DISTANCE OF 85 .00 FEET TO THE POINT OF
TERMINUS ; SAID PARCEL CONTAINING 1700 SQUARE FEET, MORE OR LESS .
022BDE
(GS Lega l)
January 27 , 1993
February 10, 1993
SECTION 13, TOW .IHP 5 SOUTH, RAI JE 88WEST,SIXT
PRNCIPAL MERIDIAN, COUNTY OF ARAPAHOE .
~ ~11 , ll~· . , .... I'.,." • u\, ~';.;,:,, • '!,{!, 'r1 "· f ~-.... -~I r,1,,.,,_ __
·~·• ... "··•fl&
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1M loue\ Union~ .• Sult • lf ,
.....,._,Colotadol0226
-.0200
PERMANENT EASEMEN"
DNAINAH [AIEll~NT
EXHIBIT 1 8 1
SCALE •NTS DATE · '·:!7 ·13
t-Dl'H-8'-Y,-... ---H-....... -!IHT--f -o,2T
,1.N. 0221
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LEGAL DESCRIPTION
Drainage Easement
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 33,
TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,
CITY OF LITTLETON, COUNlY OF ARAPAHOE, STATE OF COLORADO, MORE
. PARTICULARLY DESCRIBED AS FOLLOWS :
A STRIP OF LAND TWENTY (20.00) FEET IN WIDTH, BEING TEN (10 .00) FEET ON
EACH SIDE OF THE FOLLOWING DESCRIBE CENTERLINE WiTl-t THE RIGHT-OF·
WAY LINES OF SAID EASEMENT EXTENDI N AHEAD OR BACK TO INTERSECT
THE BEGINNING AND TERMINATING LINES INDICATED :
COMMENCING AT A POINT COMMON TO THE CENTERLINE OF HIGHUNE CANAL
DRIVE AND SOUTHERLY BOUNDARY 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; THENCE N 64°52'18" W ·
ALONG SAID SOUTHERLY BOUNDARY A DISTANCE OF 85 .00 FEET TO A POINT
ON THE FUTURE WESTERLY BOUNDARY OF SOUTHPARK SUBDIVISION FILING
NO . 11 : THENCE ALONG SAID FUTURE WESTERLY BOUNDARY THE FOLLOWING
THREE (3) COURSES :
1. THENCE S 25°07'42" WA DISTANCE OF 115.00 FEET ;
2. THENCE S 8So00'49" WA DISTANCE OF 332.73 FEET;
3. THENCE S 41°20•41· WA DISTANCE OF 104.00 FEET TO THE POINT OF
BEGINNING :
THENCE N 48°39'19" WA DISTANCE A DISTANCE OF 25.D0 FEET TO THE POINT
OF TERMINUS ; SAID PARCEL CONTAINING 500 SQUARE FEET, MORE OR LESS.
0228DE2
(GS Legal)
January 27, 1993
February 10, 1993
l'OINT Of' IHINNINI _ Carroll & Lange~
,a South Union lhd .• Sulle 156 1.a1<.-. Cooo, ... I0229 --PERMANENT EASEMENT
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D~te
October 1 7, 1 '.,94
INITIATED BY
Agenda Item
11 a
Utilities Department
Subject Grant of Easement and
Right-of-Way for
Mclellan Reservoir
STAFF SOURCE Stewart Fonda , Director of Utilities
COUNCIL GOAL NIA
ISSUE/ACTION PROPOSED
Staff seeks Coun ci l support for a bill for an ord i nance approving the Grant of Easement and Right-
of-way betw een the City of Eng le wood and the City of Littleton for a drainage easement on the
Mclellan Re serv oir propert y.
PREVIOUS COUNCIL ACTION
None .
BACKGROUND
The purpose of the easement is to allow construction of storm water overflow outlets for surface
water dra inage. All di sturbed areas will be reseeded and have suitable cover to prevent erosion .
The surfac e water drainage first flows to a pump station , which is designed to handle a two year
storm. Thi s pump station is designed to catch the runoff with the highest level of contami n,tion .
The exce ss runoff from a two year storm overflows the pump station and flo ws into the rese oir .
The overflow water is expected to be reasonabl y clean water and should nc·; impact reservo ir
water qual ity. Proper operat ion of the pump station is required to prevent contaminants entering
the rese rv oir .
STAFF ANALYSIS
The Grant of Easement and Right-of-Way is for a perpetual easement and right-of-way to construct
and ma intain a storm water overflow outlets for surface water drainac?e fror 1 the adjacent area ,
Southpark Subd iv ision Filing no . 11 , which includes Southpark Subdiv ision Filings No . 11A, 11B,
and 1 lC.
FINANCIAL IMPACT
The City of Littleton wil l incur the costs involved with the construction, removal, or relocation of
the outlets and fencing. There is no financial impact on the City of Englewood . •