HomeMy WebLinkAbout1994 Ordinance No. 069•
•
ORDINANCE NO.~
SERIES OF 1994 .
BY AUTHORITY
COUNCU..BILLNO. 71
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AUTHORIZING AN ASSIGNME~ OF EASEMENT WHICH
TRANSFERS OWNERSHIP FROM SOUTHGATE SANITATION DISTRICT TO THE
CITY OF ENGLEWOOD, COLORADO.
WHEREAS, during construction of the Big Dry CTeelr. Intercept.or, Phase IV A Project, the
Southgate Sanitation District, as the contractor, acquired easements along the relocation
alignment; and
WHEREAS, punuant t.o the Basin Intercept.or Agreement, the Intercept.or i1 owned by the
City ofEnglew00<I, and the easements should now be aasigned t.o the City in 1upport of the
City's ownership of the facilities; and
WHEREAS, the easement is located near the Bi-City Wutewater Treatment Plant,
adjacent t.o the South Platte River; and
WHEREAS , the Englewood Water and Sewer Board reviewed this Assignment of
Easement and has recommended Council approve the Euement Agreement with Southgate
District;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS :
Sa:tiwLl. The City Council of the City al Englewood, Colorado hereby authorizes the
Assignment of Easement between the Southgate Sanitation District and the City of
Englewood for transfer of ownership of the Easement t.o the City of Enelewood, Colorado.
The Agreement i, Rttached hereto as "Exhibit A.·
Sil:tilm.l . The Mayor and City Clerk are hereby authorized t.o sign and attest,
respectively, the &aid Contract for and on behalf of the City Council and the City of
Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 5th day of December, 1994.
Publ ished as a Bill for an Ordinance on the 8th day of December, 1994.
Re ad by title and passed on final reading on the 19th day of Dec•mber, 1994 .
-I -
Publiahed by title u Ordinance No.~ Serie ■ of 1994, on the 22nd dey of December,
1994.
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoine i& a true COPJ ~of the Ordinance passed o~ final readine and
'""'""' .. ..,, ll 0,,,o~• No . .,, Sm"~,,,. ~(/ /fi,. •
L?ucrishia A. Elli•
-2 -
•
•
' •
•
•
EXHIBIT A
ASSIGNMENT OF EASEMENT
This Assignment ot Eas ... nt is mad e a.nd executed by the
southg at• Sanitation District, Arapahoe and Douglas Counties,
Colorado (the •District"), and the City ot Englewood, a Colorado
munic i pal corporation, whose legal address is 3400 south Elati
Streat, Englewood, Colorado 80110 (the "City").
RECITALS
A. Pursuclllt to authority in th• Basin Interceptor Agreement
dat•d August l, 1990 and recorded August 27, 1990 in Book 5993 ,
Page 5 4 5 of the records ot Arapahoe .county , Colorado, and by
written amendment thereto dated October 21, 1991 , the District
designed and constructed a sewer interceptor wi thin the City's
boundaries (the "Interceptor").
B. In connection with its constructio n of the Int erceptor,
the Distri ct acquired certain easements in its own name.
C. F·.irsuant to the Basin Intarcept:or Agra811lent, the
Interceptor is owned by thQ Cit y, and the easements above described
should now be assigned to the City in support ot the City's
ownership of the facilities located therein.
ASSIGNMENT
NOW THEREFORE, in consideration ot the provisions of the Basin
Interceptor Agreement, the mutual promises and undertakings herein
set torth , and other good and valuable consideration, the receipt
and sufficiency whereof is acknowledged, the parties agree as
follows:
1. The District hereby ass i.gn,; to the City all of its rights and
obligations under Exclusive Easem~nt Daedl< dated April 2~, 1991 and
recorded June 6, 1991 in Book 6172, Page 512, and dated July 5 ,
1991 and recorded July 10, 1991 in Book 6203, at Page 163, all J.r,
the records of Arapahoe County, Colorado. The District will rema~n
primari ly 1.1.able for any and all obligations imposed upon i t u:~<ier
said Easement Deeds arising out ot the exercise of its rights
thereunder prior to the date of this As~ignment , subject to the
provisions of the Basin Interceptor Agreement .
2. The Ci ty hereby accept,; the above and foregoing Assignment ,
and, subject to the provisions of the Basin Interceptor Agreement,
assumes p r imary liability and responsibility for any and all
obligat i ons under said Easement Deeds arisi.ng out of the a>:ercise
of its rights thereunder after the date of this Assignment .
IN WITNESS WRElU';C;:l', the partiH have Ht their hands and Hal ■
ettectiv• a ■ or th• ..Sa}' and year fir ■t above written.
ATTEST:
Swearingen, s
ATTEST:
Lou Ellis, City Clerk
SOtlTIIGATE SANITATION DISTRICT,
Arapah~• and Dougla ■ Counti••• =~oa~.
Glan E. Neidert, Praaidant
CITY OF ENGLEWOOD
•
STATE OF COLORADO ) •
) ss.
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before this ~ day
ot 1.ugust, 1!194, by Glen E. Neidert as Pre ■ident :nn-ulia
Swearingen as Secretary of Southgate Sanitation District, Arapahoe
and Douglas Counties, Colorado.
Witness my hand and otticial seal .
Ky co1D1Dission expires:
•
Date
December 5, 1994
INITlA TED BY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item Subject
Assignment of Easement with
1 4 e Southgate Sanitation District
I STAFF SOURCE
Stewart H. Fonda, Diractor of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Board , at their November 15 , 1994 meeting, recommended Council approval of
the Easement Agntflment with Southgate Sanitation District.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Duling the Big O!y Creek Interceptor, Phase IVA Project. South gate Sanitation District, •• the
contractor, acquired easements along the relocation alignment With completion of the construction
and warranty periods and recognizing that these easement sections of the interceptor are within the
ownership of the City of Englewood , Southgate has submitted an Assignment of Easement to transfer
ownership to the City of Englewood .
The Easement is located near the Bi-City Wastewater Treatment Plant , adjacent to the S. Platte River.
FINANCIAL IMPACT
None .
UST OF ATTACHMENTS
As~gnment of Easement