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Home My WebLink About1996 Ordinance No. 027• • ORDINA1'C11 No.€1_ SEl/.IES OF 1!00 BY AUTHORITY COUh'CIL BILL NO . 30 INTRODUCED BY COUNCIL MEMBER HATH.AWAY AN 0 11DINANCE AUTfiORlZJNG AN IN'l-.:llGOVERNMEN'l'AL LIC/i:NSE AGRE::MENT BETWEEN THE ARAl'AH''-~ '::OUNTY BOARD OF COUNT'!' COMMISSIONERS AND THE CITY OJ' F.:;JLEWOOD , COLORADO PERTAiNING TO ARAPAHOE COUNTY CROSS!NG CITY DiTCH WITH FIBER OPTIC CABLE rN CONDl"IT. WHEREAS, A-:a pahoe County wishe,, to install an unJerground fiber optic cable in conduit under the City of Englewood's City Ditch right-of-way located at appromnately where Littleton Boulevard becomes Main Stn-et N , Co»rt Place; and WHEREAS , the License Agreement sets lo r<.h that the Arapahoe County Board of Commissioners ass umes full and strict liabi"tity for any and all damages of every nature to person or property caused by the point or points where Arapahoe County performs any work in connection with the crossing of the fiber optic cabl• conduit; and WHEREAS, the License Agreement sets for<h the City'• ri ght t , make full use vi the property necessary in the operation of the Cit)~ d WHEREAS, the City of Euglewood retains all rights to operate, maintain, install, repair . remove or relocate any of the City's facilities located within th e City's right-of-way; NOW, THEREFORE, BE 1T ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO . AS FOLLOWS: ~-The "License Agreement• attached as "Exhibit A", with the Arapahoe County Board of Commissioners is hereby accepted and approved by the Englewood City Council. The Mayor is authorized to 01ecute and the Cit)· Clerk to attest and seal the Agreement for and on behalf of the Ci ty of Englewood, Colorado. Introduced , read in full , an-! passed on first reading on the 3ro day cf June, 1996. Published as · Bill for an-Onlinance on the 6th day of June, 1996. Read by title and passed on final reading on the 17th day of Jwie, 1996. Published by title as Or<linance :-lo .o2 ,'. Series of 1996 , o~ the 20th day of June, 1996. if~::.. Ellis , C1ty Clerk I , Loucriahla A. Ellia , City Clerk of the City of En,lewoocl , Colorado, hereby corWy that • the above and foreaoing ia a true co~ the Ordinance puaed on final reading and ~'"''"' '""'" u °"''•~• No. • So;o -,.,.~ iJJ,, Loucriahia A. Ellis • • -2- • • • LICENSE AGREEMENT THIS AGREEMENT, made and entered into a ■ of the day of -==,-::c:--==-===-· , 19~----~b_y_a_n-.d....,..b-e'""tween the CITY OF ENGLE\moo;-aiiunicipal corporation o! Colorado, hnreinafter referred to as "City• and , Ara pa hoe county .~~--~-~ ..... ----------- ___ , hereinafter referred to as "Licensee,• WITNESSETH: The City without any warranty o! it ■ title or interest whatsoever, hereby authorizes Licensee, its successor, assigns, to install a Fi ber OQtic Cond u it under _th_e_c;,.i:..t:.y:;.' '""s~ri;.i.:.g;..h;.t-s"'-"'o'i.f"--"'w ... a""y-f'""o_r_t~h-e-c~i~t-y-o~i~t-c~h-,-c!'"":o_s_c_r~i·bed as a parcel of land situated in the West Corner of Section ...,..;-x------• Township --"-5-:->'Sa~1~,t~hu,_ ________ _ Range 68 West of the 6th P.H., county of Arapahoe, St.ate of Colorado and lyir.g within the following described lines: The above-described parcel contains acres, more or less. • 3 1. Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans, consisting of one sheet, a copy of which is attached hereto and made a part hereof. 2. The Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction o!, or any repairs made to, Licensee's F iber Op t ic Con duit so that the city may , in its discretion, inspect such operations . 3 . Within thirty (30) days from the date of the commencement of construction of said •• • • firer Optic Conduit the Li~•n••• ■hall comp ate ■uch con ■truction, place and aaintain pel'anent, vi ■ible aarker ■, ct a type and at ■uch location ■ a ■ de ■ignated by the City•• Director ct Utilities, retarring to the centerline ct the installation and shall clear the crossing area ct all con ■truction debri• and restore th• area to its previou• condition as near a ■ may be reasonable. In the event the placing ct the centerline markers and the clearing and restoration ot the crossing area is not completed within the time specitied, the City •ay complete the work at the ■ole expen ■e ct the Licensee. 4. The City shall have the right to maintain, install, repair , remove or relocate the City Ditch or any other ot its tacililties or installations within the City's rights- of-way, at any time and in such manner as the City deems necessary or convenient. The City reserves the exclusive right to control all easements and installations . In the event the Fj ber Optic Condyjt should interfere with any tuture use of the city's rights-or-way by the City, the Licensee shall, upon request and at its sole expanse, relocate, rearrange, or remove its installations so as not to intertere with any such use . s. Any repair or replacement of any City installation made necessary, in the opinion of the City's Director of Utilities because of the construction ot the f ib er Optic coiduit or other appurtenantnstallation thereot, shall be 111ede at the sole expense ot the Licensee. 6. The stipulation and cond i tions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done a contract basi s. 7. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants , recorded or unrecorded, and it shall be the Licensee's sole responsibililty to determine the exist,,nce of said documents or conflicting uses or installations. 8 . The Licensee shall contact and tully cooperate with the city's personnel and the construction shall be completed without interference with any lawtul, usual or ordinary flow of water through the City Ditch. Licensee shall assume all risks incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch. 9. All trenches or holes within the City's r ights-of-way shall be backt illed and tamped to the original ground line in layers not to e xceed six (6) inches loose measure to a compacti on of ninety per cent (90\) Standard Proctor Maximum Dens ity. •• • • 10. Lic•n•••• by acceptance of thia lic•n••• expreaa ly e aa ume s tull and atrict liability tor any and all daaagea ot every nature to peraon or property cauaed by water fr011 the ditch leaking through the ditch banka or pipeline at the point or points where the Licensee performs any w~rk in connection with the croaaing provided by thia licen~s. Th• 1,ic•n••• assumas all raaponaibi.lity for maintenance t •f the i nstallation . To the extent authori~ed by la", ll . Licenaee ahall 1ndllllnify and aeve harml••• the Cit·.r, ita officers asnd •~ploy•••• againat any and all claime, damages, actions or causes ct action and exp nses to wnich it or they may be eubjected by reaaon of said ~iber Dotie ~c~o~o~d~u~iut-~-~---~---=-=~-being within and acro&s and under the premises of the city or by reason of any work done or om i ssion made by Licensee, its agents or employees, in connecti on with the construction, rep lacement , maintenance or repair o f s aid installation. 12. It is expressly agreed that i.n case of Li censee's breach ot any of the with i n p~omises, t he City may, et its option, have specific perf ormance thereo1'., or sue for damages resulting from such bre ach • 13 , Upon aband onment of any right or privilege herein granted, the right of Licensee tc> that extent shall terminate, but its obl i gation to indemnify and s ave her.less the City, its ofticers and employees, shall no t ter minate in any event. · 14. S~e attached ad dendum. In granting the above a uthorization, the City reserves the right to make full use of the property involved as may be ne c essary or convenient in the operation of the water works plant and system under the control of the City. IN WITNESS WHEREOF, this instrument has been executed as of the day and ye~r first above written. ATTEST: CITY OF ENGLEWOOD , city Clerk Ma yor APPROVED AS TO FORM : LICAG M6 oard o f Co u Co mmi ss ioner s Co mmi ss ioner s •• • • ADDENDUM A111pahoe County will put in five (5) potholes to insure that said proposed Fiber Optic Conduit \\ill be at a minimum often (10) feet from center line of the city ditch . • • EXHIRIT A CITY OF ENGLEWOOD RIGHT-OF-WA Y CROSSING STATE LAND BOARD (OWNER) A fihcr optic cable which is r mposcd 10 he localed in the South~st quar1cr of Sec1ion 16, Townshi p 5 So uth , RanG,c 6! West of 1hc Sixt h Principal Merid ia n, Arnpahoc: Cnunly , Slate nf Colo rado a nd lyini; wi 1hin the cKistinK 25 fool wide right-of-way described in Rook 4172 at Pai!,C 46, Rece pti on No . 2ol 141 07 among the lan<l records of Arapahoe Count y; saiJ fiber optic ca ble is intended 10 be locatctl 5 fee t west of the easterly line of sai d righ t,-of-way, and is more panic ularl y described as fo llows : Bei;i nning at I point on 1he westerl y line of said riaht-of-wuy , from which the west quarter comer of Section 16 bears North 78 ° 53'46 " West , a dist1nce of 1162.76 feet; thence through said Ci ty of Englewood Oilch Easement the followi ng course : Sout h 44°13'58" East , a disla ncc of 22 .93 feet ; lhencc parallel ·o and S fret 'NCStcrl y of said easterly riKh1 -o r-way line the fo ll owing fi ve (S) courses : Sout h 16°28'4S'' West ,• distance of 132.0S rect : the nce So\ll h 24 °28'26" West. 1 dislance of 109.3 2 foet ; thence Sou1h 13°06'16" West , a disumcc of200.06 feet ; thence South 20°58'46" West, ct distance of 446.3 1 rcc1: thence Sotuh 20°19·0~" West , a dis1ancc oi 164.38 reet: thence South 11 °55'42" East. a dis1nncc of9.37 rcc1 , to the point oflcm,i nus, which is loca ted on said c.·tstc rl y right -of-way line : from this poin t the west quart er corner of Section 16, bears North 3)0 15'19" We st, a distance of 1484.38 tcct. TI,c be aring s o r1hi s pmjctt arc based on coord ina tes cslabfo;hcd b)' Benchmark Survcyinc. Ltd. fr,r the west qunrter comer o r Section 16, Township 5 South , Range 68 West of the Six th l'rincip:i l Mcrillitm {found n 3" nx le in a range hox) anti 11cnchnuul.:'s cuntml point 1514 (found n #5 rehar with n plastic cop sln mpe:d "l.S 16401 "), bolh of which ar,. shown and listed nn n drnwing cn ti !lcd "Impro vement Survey l"l al of South west Corridor R.O.W. in part or Section 16, T .5S ., ll .68W .• 61h P.M. State of Co lorado", ShttlS I and l nf 2. 'Inc bearing bctwttn said poin ls is calculated to be So uth 72°0 1 '03'' West. On bch:ilf of and for Grccn homc & O'Mora., In c In,~/\. Mill er. PI.S l '11l1,1ntlo Rci;ist r:tli 11n No 2R6Jh • E XHIBIT IJ 1'' 01T or CHCUWOOO Rtl:l t l•Of'•WAT 800IC '172 P AC( 415 si:.ov,:sir~ 5PlJ8~/6 RANC E: 68 Jf£ST, ARAPAHO£ COUNTY, COi.DP.ADO. I I I r __ , __ -,~ --1 -1~ .. .,,{. ,--------~ / ~ •AS1:»' or HA/fl#CS ,,.._..,. ...... ~,··---.... , .. "'....,_ ., ..,_,_ l,,,rwi-"f, l ....... "'I ..-1 .. ,-.. S---"-'-9~s-.-.• .... ...... ,.,-s;...,......__...,,,_.r ..... lo,.,..,.._,_...,_,_,.,·-·-..... , ,su c--. ~ ·-........ le ·-.,_,. '\S tlt011,_el _._ __ littN_,■ r:~ ~;.~~,,~•:=t:1 _.,..Ml_ ............ uk ... 1.C ._ ... ... IJI IJVl'IJ"-· ,,cm 11-s , ... , 11 .,'llllDI.O oc., 10 OC JIICI nc "'°"'°1,CD ,., Of'hC taal llXA '-'ID oon "°' •• KN I ••••0Nuwo11 ro """'°"'"~' , ... ! c11,,., Locahon "'""" "1C)lto, ""'"" •• ,, oo, ,., ~•::.::oo. i---::::::::::;:::::::-;::-:--;:::;:-:-::7""7.:::7"--['m::,•_"':__''"'_'~~~•"::~';c."'.:..,_ _ _J , t~ ~ sbit •• • • EXHIBIT 8 75· CHY '!~~~~✓ BOOK 41 7'1 PAC( 48 R IQ◄T •C>r ·WAY C(Nl[RUN( "" : 16 ' F'IBE:R OPTIC CABLE EASEJIEN1' INSIDE R/CHT-OF'-WAY F'RO JI STATI ON l5+56.9 TO 26H/.2 , ... ' c u1.·t 'NJI OUNE d: o 'MARA , JNc. v cnQOI t n,inu r• / ,1 rr/rlihth} l'(ann.,, / Stit'nluh /sun..r:r• •11 ••-•--.. -•H __ , ... ,. ou,-,.,._ Date June 3 , 1996 INITIATED BY Util itie s Departm,,nt COUNCIL COM!iiUNICATION Agenda Item 10 a 11 Subject City Ditch License Ag1Hment with Arapahoe County STAFF SOURCE Stewart H. Fonda , Dinlctor 0 1 Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION The Water and Sewer Board , at their May 21 , 1996 meeting , recommended Council approval by Ordinance of the License Agreement with Arapahoe County for crossing the City Ditch with a fiber optic cable in conduit. BACKGROUND , ANALYSIS, AND ALTERNATIVES IDENTIFIED The License Agreement is for Arapahoe County to install an underground fiber OJ..'lic cable in conduit under and along the City 's right-of-way for the City Ditch . The crossing is to be an undergrou nd fiber op ti c cab le in conduit and installed at a depth and horizontal separation to maintain clearance from the City Ditch pipe , as required by the Utilities Department The cable installation crossing is proposed at a section of thi, City Ditch located at approximately where LillletDn Blvd . becomes Main Rtreet at Court Place , on the no~ lide. The Licensee expressly ass•~;nes fuU and strict Hability for any and all damages of every nature to perso n or ;,roperty caused by the point or points whe re the Licensee performs any worll in connection with the crossing provided by the Licensee . The City reserves the light to make full use of the property necessary in the operation of the City Ditch . The City retains all rights to operate , maintain , install , repair, remove or relocated any of its' faci lities located within the City 's right-of-way . FINANCIAL IMPA CT None . UST OF ATTACHMENTS Bill for Ord inance License Agreement between the City of Englewood and Arapahoe County . . , .. STAT£ADD ·2 . ,._,,___.' "POINT QF CROSSING C HOOL DIST .. 6 STAT£ ADD Underground Fi ber •-- Aerial Fiber r~ r"· I 't'°"I [':~.:·.: t ;I ·::i:_··: £ f ~ \iADISON GA nDENS 4 WIMDEAMEHE HTS