HomeMy WebLinkAbout1996 Ordinance No. 026•
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ORDINANCE NO .~
SERIES OF 1!196
BY AUTHORITY
COUNCIL BILL NO . 12
INTRODUCED BY COUNCIL
MEMBER WAGGONER
AN ORDINANCE AUTHORIZING AN EASEMENT AGREEMENT FOR 3000
SOUTH GRANT AND AN EASEMENT AGREEMENT FOR S012 SOUTH GRANT
FOR THE CITY RIGHT-OF-WAY ON THE CITY DITCH THROUGH BOTH OF
THESE PROPERTIES.
WHEREAS, I.be City of Englewood is responsible for conv eying waw through the
City Ditch; and
WHEREAS, the City Ditch right-of-w ay along a sectic-. of I.be City Ditch is
necessary for repairing and conveyin g water in the City Ditch ; and
WHBREAS, th.e City does not appear to have a recorded City Ditch right-of-way fo r
I.be section at 3000 and 3012 South Grant Street where I.be corrugated pipe has
deteriorated causing leakage along such section; and
WHEREAS, permsnent right-of-way will be conveyed to I.be City ,.;th the attached
easement agreements for 30<,0 & 3012 South Grant Street; and
WHEREAS , the City will be replacing existing corrugated pipe ,.;th 35• reinforced
concrete pipe and two new access structures; and
WHEREAS, the City will remove and rest>>re pertir.ent landscaping. lt:.'lcing,
concrete and sidewalks in the construction right-of~wny;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD , COLOf<ADO , AS FOLLOWS :
~ ',. The City Council of the City of Englewood h ereby authorites an easement
agreeme.~t for 3000 South Grant Street for the City's right-of-w ay on the City Di tch .
~-The City f'o uncil of I.b e City of Englewood hereby authorizes an ease.me.nt
agreement for 3012 South Grant Street for the City's eight.of-way on the City Ditch.
lntroduced, read in full , amended and passed on firs! reading on the 4th day of
March, 199ti .
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Publiahed as amended as a Bill for an Ordinance on the 7th day of March, 1996 .
Read by title and pused on final reading on the 17th day of June, 1996 .
Publiahed by title li8 Ordinance No.JI.., Series of 1996, on the 20th day of June,
1996.
~h,tf,(}j,
~M ODluis:Mayor
Louerishia A. Ellis , City Clerk
!, Loucrishia A. Ellis , City Clerk of the City of Englewood , Colorado, hereby
ce rtify that the above llild foregoing is a true copy of the Ordinance passed on final
reading an~ published by title as Ordinance No .&, Series of 1996 .
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GRANT OF EASEMENT
THIS GRANT OF AN EASEMENT ("Grant") ia made this __ day of
----~ 1996, by DA VlD MILLER ("Grantor"), whoae address ia 3000 South
Grant Street, Englewood, Co lDrado 80110; and the CITY OF ENGLEWOOD ("Gnlltee"), a
Colorado mwlicipality whose place of bumieu ia 3400 South Elati Street, Enslewood,
Colorado 80110.
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THE PARTIES convenant Blld agree aa follows :
Easement Property. The "EasemeJ1t Property" shall mean the real property located
in the CoUJ>ty of Arap:i.boe, State of Colorado, more particularly described on the
attached legal description end 3000 South GrBlll Street.
Consideratio n. In co nsideration for this Grant , Grantee shall repair damage to the
residence steps as well as the existing City Ditch structure. In addition the Grantee
.,i ll pay $10.00 and other valuable consideration .
Grnnt of Ea:iement . Grantor hereby grants to Grantee . its successors and assigns . an
exclusive, permanent and '"'"'"'.letual easement ove r, under, across and th.rou t:h the
Easement Property for L .rpose of con . eructing, operating, maintaining,
repairing, rep!acing, removtng and enlarging those structures or ilnprov ti"'Tl.ents of
Grantee .
A&tll.5 . GrBJ1tee shall have the perpetual Blld exc 1n.sive right of ingress alld egress
in, to, over , through Blld across the Ea.semen! Pro;,· 11 for any purpose ne:eaaary or
desirable for the full enjoyment of the rights granted to Grantee Ullder this Grant.
Subiac:e nt and Lnt erP.l Support . Grutor co venants and agrees that Grantee shall
have the right of subjac ent an d lateral support on the Easement Property to whate ver
e xtent is necessary or de sirab le fo r the full, complete and undisturbed enjoyment of
the rights granted to Grantee UJ>der this Grallt.
6. Warranty of Title . Grantor warrants and repn:~ents that Grantor is the fee simpl e
owner of the Easement Property Blld that Grantor has full right, title alld authority,
and that this Grant is effective to grant and convey to Grantee the within described
easement. Grantor further coveJ>ants and agrees to indemnify, defend alld hold
'JsBJltee harmless from and against any adverse claim to the title of the Easement
1'roi:,erty by ali and every person or persons lawfully claiming or to claim the whole
or any part thereof.
7. Binding Effect . This Grant shall extend to and be binding upon the successors and
ass igns of the res~~tive parties hereto. Th e terms , covenants , agree.ir.ents and
con di ti on s in this Grant shall be construed as covenants running with the land .
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IN WITNESS WHEREOF, the Parties hereto have uecuted this Grant ofEueir,i,nt the
day and year lint above mitten.
STATE OF COLORADO
C OUNTY OF ARAPAHOE
) 88 ,
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GRAN T OR :
DAVID MILLER
PROPERTY OWNER
Ca1.&.:]J2fL
The fo regoing instrument was acknowledged before me this daay of
7 , le96, by David Miller .
Witness my hand and official seal .
My Commission expires:
NOTARYc1-''"BLIC ~
GRANTEE :
CITY OF ENGLEWOOD , COLORADO
Thomas J . Burns, Mayor
ATTEST
Loucrislua A. Elli s . City Clerk
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LffiAL DESQU PTJ()H
A PARCEL OF LAND BEING A PART OF LOTS 1 Nil 2, BLOCK 5, OF STRAYERS BROADWAY
IEIGHTS , A SUBDIVISION PLAT REC<llllED IN BOO( A2., AT PAGE 01 OF THE ARAPAHOE
COJNTY RECaulS, SAID PLAT BEING LOCATED IN THE SOUTHWEST ONE-QUARTER GF THE
t«RTHEAST ONE -QUARTER OF SECTIC»I 34. TCM6HIP 4 SOUTH , RANGE 68 WEST OF THE
SIXTH PRINCIPAL MERIDIAN, CITY o,= El«iLEl«Xlll , COUNTY OF ARAPAHOE , STATE OF
COLORADO BEING l«JRE PARTICULARLY DESCR IBED AS FOLU1,,IS :
CtH4ENCING AT THE NORTHEAST CORNER OF LOT 1. BLOCK 5, OF SAID PLAT , WHENCE THE
SOUTHEAST CORNER OF LOT 4, BLQCJ( 5, OF SAID PLAT BEARS SOUTH 00°00 ·00 · EAST A
DISTANCE OF 100 . 00 FEET, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS
DESCRIPTION ; THENCE ALONG THE WEST LINE OF A 16 .00 FOOT ALLEY ~ SHOIN ON SAID
PLAT, SOUTH 00°00 ·00· EAST A DISTANCE OF 11 .38 FEET TO THE IBlJE f.QlHI QE
llEGlfilillj{i ;
THENCE CONTINUING ALONG SAID WE Sl LI NE SOUTH oo·oo' oo · EAST A DISTANCE OF
14.27 FE ET : THENCE SOlffii 57°15 '28" WEST A DISTANCE OF 45 .0 2 FEET TO A POINT
ON TH E NORTH LINE OF LOT 3 , BLOC '< 5 OF SAID PLAT : THENCE ALONG SAID NORTH LINE
SOUTH 90°00 '00 " WEST A DISTANCE OF 72 .63 FEET : THE ilCE NORTH 27°30 '21 " EAST A
DI STANCE OF 6 .76 FEET : THENCE NORTH 90'00 '00" EA::1' A DISTANCE OF 56 .65 FEET :
THENCE NORTH 57 '15 28" EAST A DISTANCE OF 60 .31 F'i tJ" TO THE IBlJE .ell.l/il QE
BE.GltililliG .
SAID PARCE L OF LAND CONTAINS 1020 SQUARE FEET I.I~ •J. 023 ACRES, HORE OR LESS .
CITY OF ENGLEWOOD
CITY DITCH L\SEMENT
RIIC JOB NO. 21182 . 004 . 00
APR IL 15 , 199 6 mt f
SHE ET l OF ?..
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nus [XUIBIT oa:s NOT R[PR[stNT
A MOHUMfNTtD ~\-1:Y IT 15 OHl..'r
LNT[HOC0 TO DCPK:T lliE ATIAO1(0
OCSCRIPTIOH
EXHIBIT
SOUTI-l GR ANT STR EET
(60.0' R.0 .W.)
ROCKY M0UN1AIM C0'.•SUL1 AN1S , IN C. SHEET 2 OF 2
11)0 1 I r,, .... o ,_ s..i,, 10 1 l "'9'•.cod, CCI &0 11 1 (YU) Ul •IOOO /All (JOJJ hi l!OI
J08 HO 28f!2.004.0Q ~ll ◄ 16 96 """'"
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GRANT OF RASEMENT
TiilS GRANT OF AN EASEMENT ("Grant") iJ made this __ day of
----~ 1996 , by CAROL M. JACOBS ("Granter"), whon addre11 iJ 3012 South
Grant Street Englewood , Colorado 80110; and the CITY OF ENGLEWOOD ("Grantee"), a
Colorado municipality whose place of buaioess iJ 3400 South El&ti Street, F..nglewood ,
Colorado 80110.
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THE PARTIES coovenant and agree as follows :
Easement Property. The "Easement Property" ,hall mean the real property located at
3012 South Grau, Street io the County ol Arapahoe, State of Colorado, more
particularly described oo the attached legal description .
Con:uderotion -In consideration for this Grant. Grantee will pay $10 .00 and other
valuable consideration.
Grant of Easement. Grantor hereby grants to Grantee, its successors Jlll d assigns, an
exclusive, permanent and perpetual easement over, under, across and through the
Easement Property for the purpose of a>n.structing, operating, maintaining,
repairing, replacing, rem oving and enlarging those structures or improvements of
Grantee .
As:=,. Grantee shall have the perperual and e%clusive right of ingress and egress
io , to, over , through and across the Easement Property for any purpose necessary or
desira bl e for the full enjoyment of the rights granted to Grantee under this Grant.
Subie\ieot and Lateral Su pport. Granter co\'enants and agrees that Grantee sh::.'H
have the right of subjaceot and lateral support oo the Easement Property to whatev•,i
extent is necessary or desirable for the full. complete and undisturbed enjoyment of
the rights granted to Grantee under this Grant.
6. Warranty of Title . Grant.o r warrants and represents that Granter is the fee simple
owner of the Easement Property and that Granter has full right, title and authority,
and that thi s Grant is effective to i,-"Ull and convey to Grantee the within described
easement. Grantor funher covell.a.nts and agrees to indemnify, defend and hold
Grantee harmless from t'ri.d against any adverse claim to the title of the Easement
Property by all and every ,,.,r,ou or persons lawfully claiming or to claim the whole
or any part thereof.
7. Bjndjng Effect . Tlus Grant shall extaid to and be binding upon the successors and
assigns of the respective parties hereto. The terms, covenants , agreements and
conditions in this Grant 1hall be constl"Ued as covenants running with the land .
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IN WITNESS WHEREOF, the Parties beret,, have uecuted tbiJ Grant of Easement the
day and year fint above written.
STATE OF COLORADO
) SJ.
COUNTY OF ARAPAHOE )
GRANTOR:
CAROL M. JACOBS
PROPERTY OWNER
~(~:•going instrument was acknowledged before me this ~ f ay of
~· 1996, by Carol M. Jacobs.
Witness my band and official seal.
My Commission expires : /-3 -00
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NOTARY PUB C
GRANTEE :
CITY OF ENGLEWOOD . COLORADO
Thomas J . Burn&. Mayor
ATTEST
Loucrisbia A. Ellis, City Clerk
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LEGAL DESCRIPTION
A PARCEL OF LANO .BEING A PART OF LOTS 3 ANO 4, BLOCK 5. OF STRAYERS BR~AY
HEIGHTS . A SUBDIVI SION PLAT RECORDED IN 800( A2, AT PAGE 01 OF THE ARAPAHOE
COUNTY i-ECOROS. SAID PLAT BEING LOCATED IH THE SOUIB,,'EST ONE -QUARTER OF THE
NORTHEAST ONE-QUARTER OF SECTION 34 , T(WISHIP 4 SOUTH , RANGE 68 WEST OF THE
SIX"Tli PRINCIPAL MERIDIAN. cm OF ENGLEl«lOO. COUNTY OF ARAPAHOE. STATE OF
COLORADO BEING HORE PARTICULARLY DESCRIBED AS FOLLCMS :
COHHENCING AT THE SOUTHWEST CORNER OF LOT 4 . BLOCK 5. OF SAID PLAT . WHENCE THE
NORTHWEST CORNER OF LOT 1. BLOCK 5. OF SAID PLAT BEARS NORTH 00°00·00· WEST A
DISTANCE OF 100 . 00 FEET. SAID LINE FORHIP«i THE BASIS OF BEARINGS FOR THIS
DESCRIPTI ON : THENCE ALONG THE WEST LINE OF SAID LOT 4 AND THE EAST RIGHT OF
WAY LI NE OF SOUTH GRANT STREET NORTH 00' oo ·oo· WEST A DISTANCE OF 3.00 Fl,ET
TO THE IBUE fllllIT O.F BEGINNING :
THENCE CONTINUING ALONG S.4.ID EAST LINE NORTH 00'00' oo· IJF:S-f A DISTANCE OF
20 .1 2 FEET: THENCE NORTH 27'30'21" EAST A DISTANCE OF 30 .30 FEET TO A POINT
ON THE SOUTH LI NE OF LOT 2 . BLOCK 5 OF SAID PLAT ; THENCE ALONG SAID SOUTH LINE
NORTH 90'00 "0 0" EAST A DISTANCE OF 72.63 FEET: THENCE SOUTH 57'15 '28" WEST A
DISTANCE OF 11 .09 FEET : TI ENCE SOUTH 90'00 '00" WEST A DISTANCE OF 52.90 FEET :
THENCE SOUTH 27'30 '21" WEST A DISTANCE OF 46.23 FEET: THENCE SJIJTH
9o•oo·oo·wEST A DISTANCE OF 3 .05 FEET TO THE lBUE fQlNI QE ]¼E.GlNli.UJG •
SAID PARCEL OF LAND CONTAINS 866 SQUARE FEET OR O. 020 Ac.RES. HORE OR LESS.
CITY OF ENGLEWOOD
CITY DITCH EASEMENT
RHC JOB NO . 2882 . 004 . Ov
APRIL 15 . 1996 mtf
SHE ET l OF 2
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EXHIBIT
SCAI.£: 1"•20'
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LOT 48 IOT 47 LOT 46 LOT 45 I
I LOT 44
I® I :
25.00' 25.00' I 25 .0 0' I 25.00' I L _____ J ___ f LAllEY __ ,_ _____ J ____ _
,--.... ---;~----,-----7----,-,r-----
I \ I\ I 25.00' I 22 .00 I I
I , I \ 1
1 I 3 00' __,. I.-
I \ I \ I I
I \ I \ I LOT J I I
'I ' I I
~, \ I I
1 I \ \ I ® I
I I \ \ I I
I I \ ,I S 57'15'28" W
: : \ 11 .09'
I I \
:~ #3000 1 <O U1 #3012
I rv q "-' tv I
1-1> : 8 io ~ I
t L" I O q I U1 I
I ~ I q I q I
I 12.00~ I I
I w 1 ::E I I
I -I I I
I o I I LOT 4 I LOT 5
I .01;,., I I
I 81<0 : :
: ~: ~ S ;6:tJ •: I
I LOT t I z I ., vo • 5 90'00'00" W
: I LOT 2 l._ 1\1 , <7•, I I 3 .05' ~
MORll<W{SI COONER I < /• 11' I I ,o ,, .• u)Ct(,1j 1 1 J
0
Jo:;, 11
k _ 25.oo· _:_ 25 .oo· _ _l__ _ ·Jo, '~··"'-t""T"._-.~1. -t"C-
N 00'00'00" W BA.,.q5 Of BCARINCS N
SOUTI-i GRANT STREET
(60.0 ' R.O.W.)
nus [:J:I IIBIT DOCS NOT MPMSCHT
A I.I OHUM{NT[O SUR ...-y, IT IS ONL Y
IHltNOCO 10 Df:PIC : rlE ATIAO£D
DCSCR\PTIOH .
ROCKY MOUNTAIN CONSULTANTS, INC .
lfilJ.E_
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BEGINNING
SHEET 2 OF 2
SW CORNER
LOT 4 BLOCK S
STRAYERS
BROADWAY
HE IGHT S. =tmc:
u o , l P1tnhu Ao..e Sull • 101 c...-....... co 10111 IJOJ) ,u -6000 ,,.. (JOJ) 141 -1101
,oo "° 2682.004.00 DAT£ 4 16 96
Date
March 4 , 1996
INlllATED BY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item
10 a i ii
Subject
Two City Ditch Easements
for 3000 & 3012 S. Grant St.
I STAFF SOURCE
Stewart H. Fonda , Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None .
RECOMMENDED ACTION
Council approval by ordinance (C ou nci l Bill 12) fOI' two Grant of Easements for City Ditch for
3000 and 3012 S. Grant St.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIAED
A right-of-way along this sect ion of the City Ditch is necassary for repairing and conveyin g
water in the City Ditch . The corrugated pipe has deteriorated and is causing leakage alo ng
this section at 3000 and 3012 S. Grant. The City does not appear to have a right-of-way fo r
this section of the City Ditch . The City will be replacing existing corrugated pipe with 36"
reinforced conaete pipe and two new access structures i.e. manholes . The City will remove
and restore pertiMnt landscaping , fencing , concrete and sidewalks in the construction right-
of-wa y.
Permanent rights-of-way will be surveyed and recorded after completion of construct ion.
F!NANCIAL IMPACT
The owners , Caro l Jacobs and David Mille r, are receiving $10 .00 and other valuable
cons ideration (repa irs, res toration , etc.) for the Grant of Easements .
UST OF ATTACHMENTS
Council Bill #12 Proposa l
Two Easement Agreements