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Home My WebLink About1996 Ordinance No. 038\ • • • 10 b 111 ~il-'80·9~ ORDINANCE NO .Jg SERIES OF 1996 BY AUTHORITY COUNCIL BILL NO. 42 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE APPROVING A GRANT OF STORM SEWER LINE AND SURFACE DRAINAGE EASEMENT LOCATED AT 4841 SOUTH LIPAN STREBr, EN J.EWOO D, COLORADO BETWEEN CRAIG HINRJCHS AND THE CITY OF E NGLEWOOD, COLORADO. WHEREAS, the drainage way located at 4841 South Lipan Strt!et has been in existe nce since construction of the sub-division in 1953 ; and WHEREAS, it was n,cently discovered that there is no easement on record for this drai nage way; and ' ' WHEREAS, the drainage way currently drains int'l the City Ditch, which "~II e ,•entually be piped through th• City of Englewood; •nd \lliEREAS, this drainage way will be piped to flow into Big Dry Creek upon the cc mpletion of the endosun, of the City Ditch ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sf!:tism._l . The Gr ant of Storm Sewer Line and Surface Drainage Easement between Craig Hinrichs and the City of Englewood , Colorado for the drainage way located at 4841 So uth Lipan Street, attached hereto as "Exhibi t A," is h ereby aCC1!pted and approved by the Englewood Ci ty Council. ~. Th e Director of tilities is authorized to execute and th e Ciry Clerk to attest and seal the Agreem ent for and on behalf of the City of Englewood , Colorado. Introduced. read in full , and passed on fir st reading on the 19th day of August, 1996 . -1 - Published•• a Bill for an Ordinance on the 22nd day of August, 1996. Rea d by ti tl e and passed on final reading on the 3,~ day of September, 1996 . Published by titl e•• Ordinnnce No J , Seri es of 1996, on the 5th day of September, 1996 ~& Louc rishia A. Ellis, <.ity Clerk I, Loucrishia A. Elli s , Ci ty Clerk of the City of Englewood , Colorado, hereby ce rti(y that the above and fo regoing is a true cop~~th e Ordin ance passed on final ~·•· •• , ~-····· ., ""' -o., •••••• .,,,_~~' Loucrishia A. Ellis -2- • • • • GRANT OF STORM SEWER LINE AND SURF ACE DRAINAGE EASEMENT This Grant of Storm Sewer Linc and Surface Drainage Easement {thi s "Grant") is made this _____ day of _______ __, 1996 by CRAIG HINRICHS wh ose address is 484 1 S. L ioan St., Englewood Col orado . 80110 in favo r of the City of Englewood, ("Grantee") whose address is 3400 South Elati Screec . Englewood, Colorado 80 110 . The pan :es covenan t and agree as follow s: I . Easement Property. The "Easement Property" shall mean the real property locaced in the County of Arapahoe. Scace of Colorado , more panicularly de!cnbcd on E.xhibi•. A co nsisti ng of one page. a.nached hereto and incorporated herein by reference . :!. Consideration . As consideracion for this Gr ant, Grancee has paid Gr.inter the sum of one dollar (S 1.00) and other good and valua ble co nsideration. the receipt of which is hereby acknowledged by Granter. 3 Grant of Storm Sewer Line and Surface Drainag e t:asement. Granter hereby Grant s to Grantee. its successors and assi$ns. a perperual. none.'<clusive easement, (the "Easement ") over. t.,ider , across and through che Easement Property for the purpose of constructing, operating, maincainin g, repairi ng, replacing, rem oving and enlarging the "Lines and Appunenances." as herei n after defined . The "Lines an d Ap purtenances" shall mean a 3.5' wide concrete surface wa!er drainage pan. to be replaced at so me furure date bv a storm sewer pipeline, and all necessary underground and surface appurtenances theret o necessary or desirable for the transmission of su,face water, including, but not lim ited to co ncrete pans . 4 Access .. Grantee shall have the perperual. nonexclusive right of ingress and egress in . to . over. through and across the Easem en t Pr openy for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee und er this Grant. Rest orat ion . Grantee agrees that after the co nstruct ion. mainteruu,ce, repair. rep lacement or ,.nlargement if any . fo r the Lines and Appunenances . Grantee shall restore the surface of tht Ea~ement Property as nearl y as reasonabl y possible to the grade and condi tions it was immediate ly pri or:,; sa id cons tru ction . maintenan Le. repair. replacement or enlargement except u may be necessary to accommodate the lines and Appuncnances. Grantee shall not be responsible for restoration and repair of any improvements of Grant or on the Easement Property which are damaged, modified or altered by Grantee during said c<'· o i\lction, maintenance, repllir, replacem en t or enlargement except replacement ,,food. Grantee further agrees to replact -:.soy topsoil removed from any cultivated or agric ultural areas on the Easement Pr~~••;; end to remo ve any excess eanh resulting from said construction, mainten..n ce, reoau, replacemenl or enlargement, at Grantee 's sole cost and expense . 6. No Improvements . Granter covenants and agrees no1 to constru ct, r:t<:t, place or plan any "Improvements " except the esUlb lishment ofa lawn without obtair,u :~ the prior wri nen consent of 1he Gran tee . Improvements shall mean any strJctures, bmVing, planting, 1rees or shrubbery 01her than a lawn. Grantee shall have the .. ght to 1emovc, without any liability to 1he Granter, an y improvements constructed , erected , ;,laced or planted on 1he Eascmenl Prope rty withoul Grantee having obtain ed •ht< ;,rior wrinen co nse.11 of th e Granter. If such v•''. wri nen co nsent is obtained, (;,e.i ,·~c -hall not be res ponsible for repai r or repl ace me nt of 1he Improvements if they a,e dama ged during co nstruction . maintaining, repair. rep la1:ement or enlargement. 7 Subjacent and lateral Sup pa,· Gtamor covenants an d agrees that Grantee shall hav e the right of subjacent and lateral suppo rt on the Easement Property to whatever extent is necessary or desirable for the full . compl ete an d und isturb ed enjoyment oi the rights gra nt ed to Grantee under this Grant. Ri ghts of Granter. Granter reserves the full righ1 10 1he undisturbed owner.hip , use. and occup an cy of 1he Easement Pro perty inso far as such ownership , use and occupancy is co nsistent with and does not imp a:r th e ri ghts granted 10 Grantee in this Grant . o Aban , ,unenl . In the eve nt t:.,t '.;rzntee shall aba ndon the rights granted to it und er this Grant. all rights , title and inte re>< hereu nder of Grantee sh all ceas e and terminate . and Granter shall hold Easement Property, as the same may then be. fr ee from the rights of Gra ntee so abandoned and sh,ll own al l materials and structures of Grantee so aband oned, provi ded that Grantee shall have a reasonable period of time after said abandonment in which to remove any or all lines and Anpurtenances from the Easement Pro perty In th e event that Ease ment is abandoned by Grantee. Granter shall have the ri gh!. at its sol e opt io n. to req uire Grantee 10 remove or neut ralr,e any impro vements co nst ruc ted in the Easement by Grantee IO Warranty of Title . Granter warrants and represents that Gran ter is 1:1e fee simple 0\\11er o f the E:isemen t Pro p""lY and that Grant er has the full right , title and authoriry. that this Grant is effecti ve to gran t and convey to Grantee th e Storm Sewer Line and Surface Drainage Easement, and that this gran t of a.~ ea sement is superior to all other grlnts Granter furt her cove nants and agrees to inde mni fy, de fe nd and hold Gran tee • • • • • hannlcss from and against any adverse claim to the title of the Easement Propeny by all and every person or persons lawful claiming or to claim the whole or any pan thereof. 11. Binding Affect . This Grant shall extend to and be binding upon the htin, personal representatives, successors and assigns of the respective parties hereto . The terms, cc,,enants. agreements and conditio ns in this Grant shall be construed as covenants running with the land . 12 . Surface Drainage . Grant or agrees not to obstruct the flow of surface water with solid fences or walls. GRANTOR : ) ss . COUNTY OF f1 1 i ,/,,-,._ l Ackn ~wledged before me thi s 2 'I -/ ~ day of 1----~ 1996 . as ___ .,_c..,e.,,a .... ,._.c-~.,_H~, N~,.'~'~c~11-; ________________ _ and ________ J,--------------------- as ___ _._""",.._..,,c.~-------------------- :-Jo,ary 1'ublic'7 Address : _v __ ,:;~O, .. ,u.P, .... ,,,.og,/"""'.,__.,....,c"'-"-o-~e .... ..ec-',-'-' o=------ My Commissio n Expires : ---~-'(_1,~,;-I 1~1'~------ ATTE ST. STA TE OF COLORADO ) ) ss . cot :NTY OF ARAPAHO E ) GRANTEE : Ti1le : _______ _ Acknowledged before me this ____ day of ____ __, 199 __ hy as _________________________ _ and _________________________ _ as _________________________ _ Notary Pub lic Address · ____________ _ My Commissio n E."Jlircs : _______ _ • • ATTACHMENT A LEGAL DESCRIPTION FOR 5 FT . EASEMENT The South 5 0 ft of Lot 3. Block 4, Bobay Hci~ts . Arapahoe County . Colorado --------------------------- --------------- \ ti I ~\ ;~ 1-134/ 5. L I pfi# 5 r. L------------- • I j • • • • Date August 19 , 199a INfnA TEO BY COUNCIL COMMUNICATI ON Agenda Item I~ a... I Subject Ord inance for Storm Sew1r Line and Surface Drai nage Euement at 4841 S. Lipan St. Der,a rtme nt of Publ ic Wo1<s I STAFF SOURC E Charles Esterly , Director 0 1 :'ublic Wor1<s COUNCIL GOAL AND PREVIO US COUNCIL ACTION There was no previous Council act)On RECOMMENDED ACTION Approval of an ordinance to acce pt the Grant of Storm Sewer Line and Surface Drainage Ease ment at 4841 S. Ltpan St llACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED This dra inage way has been in ex istence since construc tion of the sub-div isic, in 1953, however . ~ was recentty d1SCOv ered that th ere is no easement on record for th e dra in age way . The dra inage wa y currently dra ins into the City Ditct•. which will eventua lly be piped throJ gh Englewood At that time , thi s dra inage way will be piped to flow to Big Dry Creek . FINANCIAL IMPACT Consideration for this easement gran t 1s S 1.00 LI ST OF ATTACHMENTS Eas'!men t