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Home My WebLink About2007-03-19 (Regular) Meeting Agenda Packet1. 2. 3. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL Monday, March 19, 2007 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. '7 :.31!; ,~ Invocation. ~ Pledge of Allegiance . ~ 4. RollCall. d1/1~~ 5. Consideration of M inutes of Pre v ious Session . O,ff!1-{) a. Minutes from the Regular City Council meeting of March 5, 2 007.c:)I~ 6. Recognition of Scheduled Public Comment. (Please limit your presentation to ten minutes .) a. New Englewood business owner Mingmar Sherpa will be present to address City Council. b . Parks and Re creat ion Director Jerrell Bla c k w ill be p resent to mak e an Aquat ic s A w ards presentation . c. Safety Services Fire Division Chief Mike Pattarozzi will be present to recognize Englewood Staff for assisting in a medical emergency. 7. Recognition of Unscheduled Public Comment. (Please limit your presentation to five minutes. Time for unscheduled public comment may be limited to 45 minutes and if limited shall be continued to General Discussion .) p- 8. Communi ations, Proclamations, and Appointments. fffJ?d '7-0 a. Pr o lam tion in honor of the Englewood Lions Club 80th Anni ersary . ~ not : If you have a di ( 0 .7 2-2 40 7) t I ... Englewood City Council Agenda March 19, 2007 Page 2 a. Approval of Ordinances on First Reading . i. Council Bill No. 22 -Recommendation from the Finance and Administrative Services Department to adopt a Bill for an Ordinance approving changes to 5-1-4-2-C (License Renewals) of the City Code. STAFF SOURCE: Frank Gryglewicz, Director of finance and Administrative Services Department. b . Approval of Ordinances on Second Reading . i. Council Bill No. 17, accepting a Transportation Utility Easement located adjacent to South Clarkson Street and East Dartmouth Avenue . c. Resolutions and Motions. g- 10. No Public Hearing. ff 11 . Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading. i. Council Bill No. 16 -Recommendation from the Community Development Department Opfd'l-0 to adopt a Bill for an Ordinance authorizing the transfer of ownership of Lot 30, Block 6, Skerritt's Addition, 3rd Filing, as described in the deed to the City of Englewood Housing Rehabilitation Fund to combine the property with Lots 28 and 29 known as 3596 ~t~ .. ~ ,-?. Bannock Street. STAFF SOURCEj/mtZf~~ lat1,i11g Finance Sl't@ialbt:a'~ ii. t!pff1 I)-() iii . Offd '7-0 '}-[) Council Bill No. 20 -Re co mmendation from the Water and Se wer Board to adopt a Bill for an Ordinance approving two permanent encroachment agreements, a City Ditch crossing agreement, and a City Ditch right-of-way use agreement for 3596 South Bannock Street. STAFF SOURCE: Stewart H. Fonda, Director of Utilities.~ Council Bill No. 19 -Recommendation from the Water and Sewer Board to adopt a Bill for an Ordinance approving the City Ditch License Agreement and Temporary Constru c tion Easement for curb, gutter and asphalt/concrete driveway over the City Ditch at S~sh Medical Senter. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. c:7~ Council Bill No. 2 L -Recommendation from the Utilities Department to adopt a Bill for an Ordinance approving the vacation of an existing sanitary sewer easement in the acated alley through the property commonly known as 3500 South Sherman Street and previo usly occupied by the Englewood Masonic Lodge. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ~ , Englewood City Council Agenda March 19, 2007 Page 3 b. c. v. Council Bill No. 23 -Recommendation from the Parks and Recreation Department to adopt a 8111 for an Ordinance authorizing an Intergovernmental Agreement for Maintenance of the Bike and Pedestrian Trail across the City of Englewood Golf Course, a Grant of Revocable Easement, and a Temporary Construction Easement with South Suburban Park and Recreation District. STAFF SOURCE: Bob S_g~~a, ~olf Ope~tions Manager, and Jerrell Black, Director of Parks and Recreation. {A)~ Approv~rdinances on Second Reading. Resolutions and Motions. /JMJ#ID i. Recommendation from the Finance and Administrative Services Department to adopt a Resolution approving a supplemental appropriation to the 2006 and 2007 Budgets for the General Fund, the Conservation Trust Fund, the Open Space Fund, and the Englewood Urban Renewal Authority. STAFF SOURCE: Fr"!~ Gry~le_~icl, Director of the Finance and Administrative Services Department. (/~ Of>fd ?_,() ii. ap,el '7-fJ iii. ~'7-0 Recommen(Jation from the Water and Sewer Board for Council to approve, by Motion, the bid for the Mclellan Reservoir Fencing. The Board recommended awarding the - contract to the lowest technically acceptable bidder, Town & Country Fence, in the amount of $27,963 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities.~ Recommendation from the Water and Sewer Board for Council to approve, by Motion, the bid for equipment and installation of large water meters. The Board recommends· awarding the bid to National Metering Services , Inc. in the approximate amount of $5,000 for meter valvi~d}~:~~5~ for meters. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. vv 11 ~ 12 . General Discussion . a. May or's Choice. b. Council Members' Cho ice. 13. City Manager's Report. a. ::,fttJe t!,KE.1:.v-11~ m.'11.E.~~D t1rf ()J;. M6LLl()Kt) /A)trfl r£1MA-('b41~1,11 n.tPv"-) 14. City Attorney's Report. 15. Adjournment.3': /9 ~ Pl PLEASE PRINT NAME PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED PUBLIC COMMENT DATE: MARCH 19, 2007 YOUIIPIIIE9ENTATION TO F.IYe MINUTES ADDRESS TOPIC 1 . Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session March 5, 2007 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:32 p .m . 2 . Invocation The invocation was given by Council Member Barrentine . 3 . Pledge of Allegiance (a) Boy Scout Troop #199 Color Guard presented the Colors and led the Pledge of Allegiance . 4 . Roll Call Present: Absent: Council Members Tomasso, Moore, Barrentine , Oakley , Mccaslin, Woodward , Wolosyn None A quorum was present. Also present: City Manager Sears City Attorney Brotzman Deputy City Manager Flaherty City Clerk Ellis Deputy City Clerk Bush Director Olson , Safety Services Chief Building Official Smith , Safety Services Director Kahm, Public Works Director Fonda, Utilities Director Black , Parks and Recreation Recreation Se rvices Manager Hultberg, Parks and Recreation Field Operations Administrator Nimmo, Public Works Police Commander Watson , Safety Services Fire Division Chief Pattarozzi , Safety Services 5 . Consideration of Minutes of Previous Session (a) COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED , TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 20 , 2007 . Mayor Wolosyn asked if there was any d iscuss ion . There was none . Vote resul t s: Motion c rri d . Ay es : Coun ci l Members Barrent ine, Mccasli n , Moore , Wolosyn , Woodward , Tom a sso , Oakley Nay : No n Recogn lt on of c h dul d Public Comment .. Englewood City Council March 5, 2007 Page2 (a) City Council recognized the young people who were nominated for the 2007 Metropolitan Mayors and Commissioners Youth Award : Mayor Wolosyn said the 2007 Metropolitan Mayors and Commissioners Youth Awards recognize young people who have overcome difficult situations in their lives and risen to the challenges of adversity . Some of us have participated in this process over the years . It's always very moving and also very inspiring to see what people do to keep on track , get back on track and go on to live very productive lives . Up front , I want to commend everyone who was nominated in Arapahoe Count y. And thank you for coming tonight to help us recogni ze you and give us a chance to honor you and thanks to everyone else who has come to recognize you tonight. There are 28 nominees from schools in Englewood that are being honored tonight. Each nominee will receive a certificate and a gift bag as a token of our admiration . Mayor Wolosyn said as we always do every year , I will have Council line up in front of the dais so we all have a chance to congratulate everyone and I'm going to go down and read everybody 's name. I'll give you a certificate and Council Member Jim Woodward will give you a gift bag . And I'd like to say that we honor you , not because of your challenges, but because of the way you persevere and the way you meet these challenges to take control of your life. You 've all made a difference in your lives and you 've made a difference in lives around you and I know that you'll continue to do that as you mature and become a vital part of our society . So thanks to all of the nom inators who take the time to recognize the accomplishments of young people and for helping us honor them . So I'll come down and read your name and please come forward as I do . The nom inees are : Josh Allen , an 11th Grader at Humanex Academy. Josh 's nominator describes him as a role -model at school who is making positive cho ices for h is health , his education , and his future . Edlin Barraza , an 11 th Grader at Colorado 's Finest Alternative High School. Edlin 's nom inator desc ribes he r as a young woman with a strong commitment to her goals . This commitment is sure to help her achieve success . Nick Brockman, an 11th Grader at Humanex Academy . Nick is described as a pos itive peer leade r with a great attitude who is always willing to lend a helping hand . Rory Carroll , a 10th Grader at Colorado 's Finest Alternative High School. Rory 's nom inator des cri bes him as a respons ible young man who is mot ivated and focused on h is future . Julie Crihfie ld , a 1 oth Gra der at Col o ra do 's Fin est Alte rn at ive High Sc hoo l. J ulie is d escri bed as a determined and resilient young woman who is sure to succeed . Cayla Croy, a 1 ih Grader at Colorado's Finest Alternative High School. Cayla is described as a young woman who has set high goals for herself and is making significant academic progress . Thomas Fleharty, a 1 ih Grader at Englewood High School. Tom is described by his nominator as an excellent role model and an outstanding leader with great integrity. Meagan Fraker, a 1 ih Grader at Colorado's Finest Alternative High School. Her nominator says Meagan has a sense of self-reliance and strong motivation . She works very hard . Mary Fresquez , a 10th Grader at Colorado 's Finest Alternative High School. Mary is described as a strong and motivated young woman whose positive attitude will ensure her success . Ahn Himm elnck , a 9th Grad r at Englewood Hig h School. Her nominator says Al in e has an un compromising int grity and an inner trength nd p rseveranc th t will help her accomplish h r go Is . A hi y Holmqu1 t , 1ih Gr d r t Color do ' Fin t Alt rn t,v High School A hi y ' nom1n tor d crib h r • r Englewood City Council March 5, 2007 Page 3 as a positive role model whose goals are clear and focused. Her resiliency is sure to help her reach her goals . Melanie Hunter, a 1 ih Grader at Colorado's Finest Alternative High School. Melanie's nominator says she is incredibly resilient and motivated . Her strength and determination will help ensure a bright future for Melanie . Andrew Ibbotson, a 10th Grader at Colorado's Finest Alternative High School. Andrew's Family Teacher says Andrew realizes that his future is his responsibility , and he is motivated and focused on making it positive and successful. Jesse lnkeles , an 11th Grader at Humanex Academy. His nominator says Jesse has learned to advocate for himself and is achieving incredible success in his education ... an important step for the future. Kathryn Karschnik, an 11th Grader at Humanex Academy . Kat's nominator says that Kat has set strong goals for the future and has become a strong peer leader and positive role model at school. Jessica Kimbrough, a 12'h Grader at Colorado's Finest Alternative High School. Jessica's nominator says Jessica has a resilient spirit. Her hard work and tenacity are sure to help her be successful. Alan Lorditch, an 11th Grader at Humanex Academy. Alan's nominator describes him as a promising, productive citizen who is realizing success and has set strong goals for the future . James Mihalko, an 11th Grader at Humanex Academy . His nominator says James has positively influenced the environment he lives in . He is an insightful young man who has a deep desire to learn and succeed in life . Andrika Nelson, a 1 ih Grader at Humanex Academy. Andrika has become an important role model at school. Her strong drive will help her be successful now and in the future . Ian Nixon, a 1 oth Grader at Colorado's Finest Alternative High School. Ian 's nominator says he has chosen the path of educational success, and his hard work and determination will help him be successful in life . Lindsey Olson, a 1 ih Grader at Colorado's Finest Alternative High School. According to her nominator , Lindsey's strength and determination are a testament to her tenacity . She has made remarkable progress , and is sure to be successful. T iffany Risher , a 1 i h Grader at Colorado 's Finest Alternative High School. Tiffany is described as a "sh in ing star" at school. There 's no doubt that this busy young woman will be successfu l. Joshua Roman, a 9th Gra der at Colo rado's Fin es t Al tern at ive High School. Josh 's nom inator says he has a tenacity and sense of purpose that should be a role model for all of us . His future looks very bright. Eva Schmidt, a 12'h Grader at Colorado's Finest Alternative High School. According to her nominator , Eva has come a long way in her short life . Her hard work is sure to help her be successful. Brian Spooner, an 11th Grader a t Humanex Aca demy. According to his nomina to r, Brian has made significant gains in life and has become a positive role model to the younger studen ts at school. Daniel Terry, a 12'h Grader at Humanex Academy. Dan's nominator says Dan has become a good role model for other students by staying focused on his goals . He knows he is on the path to success . Paige Trygstad, a 10th Grader at Colorado's Finest Alternative High School. Paige is described by her nominator a a dedicated and motivated young woman who is ur to be successful in whatever she chooses to do Rob rt Whit . n 11 1h Gr d r Color do ' Fin t All rn 1 focu d on m tn ood chote nd I on h1 w y to h School Ro rt' nomtn tor nd br ht futur th t Rob rt Englewood City Council March 5, 2007 Page 4 Each nominee was given a round of applause . Once again, and I think I speak for all of us, when I say that we're very proud to have you working and living in our community. I know some of you don't live here, but go to school here and we want to thank your families, teachers , and nominators for mentoring you, loving you , helping you and helping us all make it a better community. So, congratulations again, and how about a big round of applause. Mayor Wolosyn said thank you all for coming . 7 . Recognition of Unscheduled Public Comment (a) Bonnie Stafford, an Englewood resident , said I've been a resident of Englewood for 21 years . I've come with this idea that I would like to see the establishment of a police review board . You would ask yourself, what would a 62 year old citizen have in common with this idea? How about obstruction of justice? As the flag passed me this evening, I heard two words, and the words were liberty and justice for all . Well, let me tell you what. Obstruction of justice can begin on the highest level and the highest level is to speak to a chief of police about a condition of his police officers and be denied the right to make that complaint . That is an obstruction of justice . You know one man can tell any one citizen that he cannot make a complaint , or lay that complaint, or see internal affairs, but this is only the tip of an iceberg . And I ask for a police review board, because not unlike a bucket of water, it takes one drop to make the gallon and I want to start with the one drop that'll make the difference in the dignity of the people of Englewood . This police review board should be of no fear to the Englewood Police Department. They should welcome it, because it is done by the people they serve . So, I'm asking this committee to start to give that a very, very big idea . I think the people of Englewood should have an input as to what happens, instead of being able to go down to the Englewood Police Department to make a complaint and have one man, in a position of power, obstruct that. I think that this has been long overdue. Denver has one. I'd like to see the model be presented to the Englewood ... in its weight. .. Englewood ... and that Englewood, in itself, takes a very , very serious idea . From the time that a soldier fell in 1776, to the soldiers that fall in Iraq, liberty is the word, and I find no liberty. I find obstructions . And you know something, I intend to have you tell me how I formulate getting a piece of paper that shows how I construct Denver's police review board and present it to this board or if ... l have no idea, I've never been here before, I've never spoke before, but I have seen a lot of things in my 21 years in Englewood. Some things that you wouldn 't even begin to believe that generates itself from those that are unchecked ... for one of the greatest damages is that liberty is often challenged by those who most place the arms of righteousness upon their back . I'll tell you what. I am horrified . I don't even begin to tell you what liberty means to me. I don 't know what it means to you . But it means that all man have dignity. You know this word has really been trampled down, but each one of you have a right. Would you like to be in a position to be told no, you are not going get to say that? You're not go ing to get to wr ite it? You 're not going to see anybody? And one person is go ing to do that? Obstruction of justice beg ins often at the top . Yo u can't have a top that's heavy without a role m odel a nd e xpect tha t the citizens are going to be treated with dignity and respect. And that is what I'm asking tonight, that a police review board be brought to the attention of this committee . And I don't know what it takes for you to do that, but I think you better do that, if you have any care about the word liberty and justice for all . That's all I have to say for now . I will be back to other meetings to see if there's someway I can find a way to enter into formulating this police review board and how it goes . I don't know the structure. I haven't any idea, but I've finally been fed up . Thank you . Mayor Wolosyn said thank you . We don't usually address the audience at this point in the meeting, bu t things may be returned to at the end of this meeting or at other meetings . (b) Thomas Finn. an Englewood resident, I just wanted to say that I appreciate the work that you guys are doing on the vicious dog ordinance . I was at the work session earlier. I think it's fantastic that you're putting together a task group . We not only need responsible dog owners, we also need responsible legislatures . So , I'm glad that you 're moving in that direction . Very briefly , I just wanted to address Councilman Tomasso's comm nt about there being no penalty for the dog owner. Under Colorado Rev ised Statute 18-9-204 .5 , ub ctton 3 , (b), (c), (d) nd (e), ,ts t forth criminal charges for dog own rs that violate the Statute . This 1 th d n rou dog t tut Al o , 1t d1 cu what ex ctly is a dang rou dog It cov rs misdemeanors and • Englewood City Council March 5, 2007 Page 5 goes up to felonies . So , I would just like the City Council to review that and understand that there already are criminal charges in place . Thank you guys for your work . (c) Charles Egloff, an Englewood resident , said I read over the ordinance and I have to congratulate you all for the work that you put into it. I thought it was very thorough, very comprehensive . The only problem I have is that I'm afraid it's going to be difficult to enforce , because I know there are a lot of irresponsible, as well as responsible, dog owners in the community. On page 7 of the ordinance, I think that's what's said in paragraphs A, B, and C ... this is under removal of excrement . However, I know for a fact , that a lot of people don't take the time and the effort to remove it, at least in front of my place . So , I'm wondering if it would be appropriate to require people to carry a little container, a plastic bag, or something of that sort , to pick up the excrement that the dog leaves? Otherwise, good job. Thank you. 8 . Communications, Proclamations and Appointments There were no communications, proclamations or appointments . 9. Consent Agenda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (See Agenda Item 11 .) COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED , TO APPROVE CONSENT AGENDA (' ITEMS 9 (b) (i), (ii), (iii), (iv), (v), (vi) and (vii). (b) Approval of Ordinances on Second Read ing (i) ORDINANCE NO . 10 , SERIES OF 2007 (COUNCIL BILL NO . 9, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AMENDING TITLE 8, CHAPTER 2, ARTICLE A , OF THE ENGLEWOOD MUNICIPAL CODE 2000 , PERTAINING TO THE BUILDING CODE OF THE CITY OF ENGLEWOOD , COLORADO . (ii ) ORDINANCE NO . 11 , SERIES OF 2007 (COUNCIL BILL NO . 10 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AME NDING TITLE 8, CH A PTE R 2, ARTICLED, OF THE ENGLEW OOD MUNIC IPA L CODE 2000, PERTAINING TO THE ELECTRICAL CODE OF THE CITY OF ENGLEWOOD, COLORADO . (iii) ORDINANCE NO . 12 , SERIES OF 2007 (COUNCIL BILL NO . 11 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE ADOPTING A NEW TITLE 8 , CHAPTER 2, ARTICLE H, OF THE ENGLEWOOD MU NICIPAL CODE 2000 , PERTAI NING TO THE FUEL GAS CODE OF THE CITY OF ENGLEWOOD, COLORADO . (iv) ORDINANCE NO . 13, SERIES OF 2007 (COUNCIL BILL NO . 12 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AMENDING TITLE 8, CHAPTER 2, ARTICLE B, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO THE MECHANICAL CODE OF THE CITY OF ENGLEWOOD, COLORADO . (v) ORDINANCE NO . 14 , SERIES OF 2007 (COUNCIL BILL NO . 13 , INTRODUCED BY COU NCIL MEMBER WOODWARD) Englewood City Council March 5, 2007 Page 6 AN ORDINANCE AMENDING TITLE 8, CHAPTER 2 , ARTICLE C , OF THE ENGLEWOOD MUNICIPAL CODE 2000 , PERTAINING TO THE PLUMBING CODE OF THE CITY OF ENGLEWOOD, COLORADO . (vi) ORDINANCE NO . 15 , SERIES OF 2007 (COUNCIL BILL NO . 14 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE ADOPTING A NEW TITLE 8 , CHAPTER 2, AR T ICLE G , OF THE ENGLEWOOD MUNICIPAL CODE 2000 , PERTAINING TO THE RESIDENTIAL CODE FOR ONE-AND TWO-FAMILY DWELLINGS IN THE CITY OF ENGLEWOOD, COLORADO . (vii) ORDINANCE NO. 16 , SERIES O F 2007 (COUNCIL BILL NO . 15 , INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE AMENDING TITLE 8 , CHAPTER 2 , ARTICLE E, OF THE ENGLEWOOD MUNICIPAL CODE 2000 , PERTAINING TO THE FIRE CODE OF THE CITY OF ENGLEWOOD , COLORADO Vote results: Motion carr ied . Ayes : Council Members Barrent ine , Mccaslin, Moore, Wolosyn , Woodward , Tomasso , Oakley Nays : None (c) Resolutions and Motions T here we re no add iti o na l re solut ions or m ot ions subm itted for approv al. (See Ag e nda Ite m 11 .) 10 . Public Hearing Items No publ ic hearing was scheduled before Council. 11. Ordinances , Resolution and Motions (a) Approval of O rd inances on Fir st Read ing (i) Director Kahm presented a recommendat ion from the Public W orks Department to adopt a bill for an ord inance accept ing the dedicat io n of a 5-fo ot by 5-foot tr iangula r "Transportation/Util ity Easement" adjacent to South Clark son St reet and East Dartmouth Av3 nue . He said I would be happy to answer an y q uestions you might have on this issu e . We have a situat ion whe re th e re is a vacant lot. The owner decided to subdivide . His survey showed that we've had a traffic pole on that corner, encroaching on his property, for probably 30 years . And as part of his process, he agreed to dedicate the 25 foot triangle to us, for a transportation easement. And it saves us the cost of relocating the pole , so we appreciate his working with us . COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (a ) (i) -COU N CIL BILL NO. 17 . COU NCIL BILL NO . 17 , INTRODUCED BY COU N CIL MEMBER TOMASSO A BILL FOR AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A TRANSPORTATION UTILITY EASEMENT LOCATED ADJACENT TO SOUTH CLARKSON STREET AND EAST DARTMOUTH AVENUE . Mayor Wolosyn asked if there was any discussion . There was none. Vot results : Ay N y Council Memb r Barr nt,n , McCa lin, Moore , Wolosyn , Woodward , Tom o, 0 kl y N • Englewood City Council March 5, 2007 Page 7 Motion carried . (b) Approval of Ordinances on Second Reading There were no additional items submitted for approval on second reading . (See Agenda Item 9 -Consent Agenda .) (c) Resolutions and Motions (i) Director Fonda presented a recommendation from the Water and Sewer Board to adopt a resolution to appropriate payment of funds for the "South Platte Water Related Activities Program ." He said after years of negotiations, the states of Nebraska, Colorado and Wyoming have reached a settlement to prevent the use of the Endangered Species Act , up in Nebraska, for the Whooping Crane and some other species . In the agreement, Nebraska donated land, Wyoming donated water and Colorado is donating money, along with the Department of Interior, which is paying half of it. The recommendation, at this time , is to join the South Platte Water Related Activities Program, which then puts Englewood in the position of being part of the solution to the endangered species problem . By joining, we will then not have endangered species reviews of any 404 permits . It could also affect some of our water rights , if we are not a member . This would go for another 13 years . At this point, I think this is a prudent thing for the City to join . I'd be happy to answer any other questions . Mayor Wolosyn asked if there were any questions . Council Member Woodward said I have one question . The amount is initially $29,189 .00 . Is there any < anticipation that that would inc rease water rates for the citizens of Englewood? This program? Director Fonda said it adds to our cost , but it would be fairly insignificant by itself. Council Member Woodward said so that wouldn 't create a ... Director Fonda said no, not significantly. As a matter of fact, if we didn 't and we had to undergo a 404 permit , we could spend far more than this . But this would be an annual contribution for the next 13 years , although we could have other monies coming in from the federal or state level that would lower it. If a number of the participants didn 't participate next year , it might be a little more . We 'll just have to wait and see . Council Member Woodward said if you don't now , you 'll pay later plus interest , because you 're going to have to get a permit at some po int , to do something in the ne xt 13 years . Director Fonda said this is our contribution to wards the problem that the water diversions have caused . Council Member Tomasso said the amount , then, is $29,000 .00 ... the assumption that all users will participate . So next year , if the rate goes up, and then somebody has to buy in, in five years, do you get a refund of the extra amount you paid to cover that person's expense? Director Fonda answered I don't know . I don't believe so . From then, the refund would cause the remaining years to be lower. Council Member Oakley said I think this should be a done deal since it covers the threatened Piping Plover and we all want to do that , don't we? Mayor Wolosyn said well , I think that we all like to protect wildl ife to the extent that we can and I know this is something that the states hammered out over a period of years . We've had a pretty in-depth discussion about it t in Water Board . Council Member Barrent ine said so th is is to make sure that we're a part of that program so that our liability and our water nghts are protected w ithin th is organization as well ? Englewood City Council March 5, 2007 Page 8 Director Fonda responded that is correct. Mayor Wolosyn said is there any other discussion? There was none. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 39, SERIES OF 2007. RESOLUTION NO . 39, SERIES OF 2007 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO'S PARTICIPATION IN THE "SOUTH PLATTE WATER RELATED ACTIVITIES PROGRAM, INC ." (SPWRAP) FOR 2006-2007 . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None Mayor Wolosyn said thank you Stu . (ii) Recreation Services Manager Hultberg presented a recommendation from the Parks and Recreation Department to approve, by motion, a contract for the purchase and installation of an in-line Hockey Rink at Sinclair Middle School, with Churchich Recreation , LLC . of Boulder in the amount of $63,500 .00 . He said we're here tonight to recommend that Council approve two separate contracts, which, together, will complete the Sinclair In-line hockey and basketball project. We're recommending the first contract , which is actually a purchase contract, purchase "nd installation of the actual in-line hockey rink, go to Churchich Recreation, which was the low bidder . And the second is actually the construction of the actual pad, which is a post-tension concrete pad and basketball court, which is a high school official regulation basketball court, with standards. So the two projects will complete the project. Council Member Tomasso said it says that the school has priority on scheduling for these facilities . Manager Hultberg said the school will have priority during school hours , certainly, and they're welcome to use both sides of the court, so it's a shared type situation . Then after school hours, weekends and when school is not in session , it'll be the Parks and Recreation Department scheduling the facility . Mayor Wolosyn said if there is no additional discussion, do I have a motion? COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (ii) -A CONTRACT WITH CHURCHICH RECREATION, LLC . OF BOULDER FOR THE PURCHASE AND INSTALLATION OF AN IN-LINE HOCKEY RINK AT SINCLAIR MIDDLE SCHOOL, IN THE AMOUNT OF $63,500.00. Mayor Wolosyn asked if there was any further discussion. There was none . Vote results : Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None (iii) Recreation Services Manager Hultberg presented a recommendation from the Parks and Recreation Department to approve , by motion , the construction of the Sinclair In-line Hockey and Basketball Court, awarding the contract to L.E . Renner Sports Surfaces of Denver in the amount of $225,756 .00 . Mayor Wolo yn 1d w 've had that pre ntation . Are there any more questions? • Englewood City Council March 5, 2007 Page 9 Council Member Tomasso asked who is responsible for removing the basketball court at the end of its lifetime? Is it Parks and Recreation or will it be the school district? Manager Hultberg said that isn 't addressed in the Intergovernmental Agreement that Council approved in 2005 . That would probably go back to the original Intergovernmental Agreement between the school district and the City in 1974, which was for the 4 tennis courts and the handballs courts that are at the site and 2 additional courts at Flood and 2 at Barde . That was an Intergovernmental Agreement in 197 4 that covered all of that. So, what we're doing is changing the use from tennis courts to in-line hockey and basketball. Council Member Tomasso asked so who's responsible, at the end of the lifetime , for removal? Manager Hultberg said neither one of the Intergovernmental Agreements address that. Council Member Tomasso said okay . Mayor Wolosyn asked if there was any further discussion . There was none . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii) -A CONTRACT WITH LE. RENNER SPORTS SURFACES OF DENVER FOR THE CONSTRUCTION OF THE SINCLAIR INLINE HOCKEY AND BASKETBALL COURT, IN THE AMOUNT OF $225,756.00. Mayor Wolosyn asked if there was any further discussion . There was none. Vote results: Ayes : Nays : Motion carried . 12 . General Discussion (a) Mayor's Choice Council Members Barrentine , Mccasl in, Moore , Wolosyn , Woodward , Tomasso, Oakley None Mayor Wolosyn did not have any matters to bring before Council. (b) Cou nc il Membe rs ' Cho ice (i) Co uncil Member Bar rentine : 1. She said I just want to congratulate all the young people who were here tonight. I like to see all of the support they're getting and the success they're having . Congratulations to them again . 2 . She said I know I mentioned this before, but Rick wasn't there, so Public Works ... I think the snow melting plan worked very well. At least the portion I saw. I saw a huge amount of progress made in only a few days . So, congratulations with that and you'll at least have one full parking lot open . That's a lot of work for Public Works and they were out there getting it done . So , congratulations to them . (ii) Council Member Mccaslin said I guess I'm going to vent a little bit here . I think I had a pretty rough day on Saturday. I took my dog for a walk , which I usually don't do because I'm busy. But , I started walking down the street and noticed quite a few violations in snow removal since Monday , and th is was Saturday morning at 9 :00 . So I was kind of concerned about that. These will all be submitted on Council , request forms . So I walked to Broadway ... walked past a bar, the Magnet Inn . Its 9 :00 in the morning and the bar opens at 7:00. I see two women come out of the bar , smoking cigarettes, picking up beer bottles in front of the bar and go back in again smoking . I guess my question is who enforces the smoking ban in Englewood and the consumpt ion of alcohol beverages in a public right-of-way? It's just sad to see that. You know , being a r s1dent , it 's Just...l don 't know .. I'm really upset abo ut that. Then as I'm walk ing down the stre t ... and we were Englewood City Council March 5, 2007 Page 10 just talking about vehicles in the yard ... I see a Volkswagen station wagon sitting in the back of an enclosed chain-linked fence, not on hard surface, but on their lawn . So, these will all be in my Council requests . I just had a bad day, guys, I'm sorry, so I'm just trying to vent. And so, hopefully I'll get responses . There will be four different Council requests coming as far as enforcement. So just to let you know . (iii) Council Member Moore : 1. He said to Bob's last one, you can just forward the response you guys gave to me recently. The short answer to that hard surface thing is when the law was drafted, if it is in the backyard ... it only applies to new construction, whatnot. But I asked a very similar question . This is going to be right on point, because I had the same question . 2 . He said this is just to stimulate thought for later . I know we're going to cover this in another Study Session, but I scribbled down some ideas for what the vicious dog work group might look like, and this is just something you guys can, again, react to and think about ... when we shape this at a later Study Session. I'd say something like 6 to 10 citizen's to get enough diversity, but not to be too large as to be hard to manage or ineffective . Ideally, the participants would have participated in the public hearing. I think that's a great pool to start with ... for citizens who had enough concern to come out. We probably do need to have Council consider the appointments, much like we do boards and commissions . I'd like to see maybe two dog trainers/experts on the work group, but they must understand they can't exert undue influence in their participation . They are participating as citizens ... perhaps more versed, but citizens none the less . We should include dog and non-dog advocates, for lack of a better word. And Council participation should be permitted without any limits, but the same issue of really understanding and agreeing that we would not want to exert undue influence in that work group process. So, those are just kind of my thoughts about what this might look like and , obviously, we can shape it later. (iv) Council Member Oakley said I agree with several things that John said and we'll have to fine tune it, certainly, but I would like to have some broad representation . (v) Council Member Woodward said I want to offer congratulations to all of the students that were acknowledged tonight. 13 . City Manager's Report City Manager Sears did not have any matters to bring before Council. 14 . City Attorney's Report City Attorney Brotzman did not have any matters to bring before Council. 15 . Adjournment The meeting adjourned at 8:16 p .m . • r MEMORANDUM TO: Director Chris Olson FROM: Division Chief Mike Pattarozzi DATE: February 5, 2007 RE: Commendation for Englewood Recreation Center Staff On Friday, February 2, 2007, the Fire Division was dispatched to the Englewood Recreation Center on a reported "Man slumped over on an exercise bike". Engine 21, Medic 21 and Battalion 2 responded (reference CRR 2007-360). Upon their arrival, they found a patron of the Recreation Center in cardiac arrest. The staff of the Recreation Center, assisted by a citizen, had quickly and correctly identified the status of the patient and initiated CPR. The staff also initiated the use of an Automatic External Defibrillator. The quick and correct action of the staff and the citizen prior to the arrival of Fire Division personnel was a major contributing factor in the patient being delivered to the Emergency Department at Swedish Medical with a pulse. The patient 's wife was taken to the Emergency Department by a member of the Recreation Center staff. The patient care and the compassion of the staff of the Recreation Center are to be commended. The actions they took saved a life. The actions they took in caring for the spouse of the patient demonstrated a level of compassion that reflects a culture of customer service that goes well beyond the norm . The following members of the Englewood Recreation Center Staff are to be commended for their actions . Bob Leonard ./ Michele Smith ./ Heather Utrata Valerie Williams Also , it should be noted that Nancy Wenig , the City 's Victim/Witness Advocate, was on- scene and provided counseling and related assistance to the Center Staff, who had been somewhat traumatized by this event. The citizen should also be recognized . Amanda Adams did not hesitate in assisting with CPR . Her actions directly affected the outcome of the patient. 6c • PROCLAMATION WHEREAS, the Englewood Lions Club has been an important part of the Englewood community for the past eight decades; and WHEREAS, the Lions Club has truly lived up to its motto "Service to the Community" throughout its long and productive history; and WHEREAS, over the years, the Lions Club has been involved in many projects that have provided invaluable services to the community, such as: the School Milk Fund during the depression; the swimming pool project at Englewood City Park during the 1940s; the miniature train at Belleview Park during the 1960s; countless scholarship awards to worthy high school students; eyeglasses for those in need; and involvement in civic projects such as the Malley Senior Recreation Center and the Englewood Recreation Center; and WHEREAS, the Englewood Lions Club celebrated its eightieth anniversary last year; and WHEREAS, the Englewood Lions Club is holding an 801h Anniversary Celebration on March 24, 2007; and WHEREAS, the City of Englewood would like to congratulate the Lions Club and recognize its important contributions over the past eighty years; NOW, THEREFORE, I, Olga Wolosyn, Mayor of the City of Englewood, Colorado, hereby offer the City of Englewood's heartfelt congratulations to the Englewood Lions Club on the occasion of its Eightieth Anniversary and thank the Lions Club members for their significant contributions to the Englewood community over the yea rs. GIVEN under my hand and sea l this 191h day of March, 2007. Olga Wolosyn, Mayor 8a • ORDINANCE NO. SERIES OF 2007 BY AUTHORITY ABILLFOR COUNCIL BILL NO. 22 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE AMENDING TITLE 5, CHAPTER 1, SECTION 4, SUBSECTION 2(C), OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERTAINING TO LATE FEE FOR MISCELLANEOUS LICENSE RENEWALS NOT FILED IN A TIMELY FASlllON. WHEREAS, Miscellaneous License holders have not had a penalty imposed for filing their renewal applications late; and WHEREAS, the passage of this proposed Ordinance creates an incentive to file renewal applications on a timely basis by imposing a late fee for miscellaneous licenses filed late; and WHEREAS, the fee shall be set initially at $25.00, which fee may be amended by resolution based on periodic review by City Council when all Miscellaneous License fees are reviewed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 5, Chapter 1, Section 4, Subsection 2(C), of the Englewood Municipal Code 2000 , to read as follows : S-1-4: Application for License . C. Renewa l: Applications for renewal must be submitted eefere the e1tpiFetiee efthe eltffeet liewe by December 3 J of each year. A renewal application not received or postmarked by December 31 shall be subject to a late fee as detennined by City Council Resolµtjon. If a renewal application is not received before the expiration of the current license, it~~ be treated as a new application and an application fee wHI ~ be assessed as required in this Title. Introduced, read in full, and passed on first reading on the 19th day of March, 2007 . Published as a Bill for an Ordinance on the 23rd day of March, 2007. ATTEST: Olga Wolosyn, Mayor Loucri hia A. Ellis, City Clerk -1- I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 19th day of March, 2007. Loucrishia A. Ellis -2- ' COUNCIL COMMUNICATION Date: Agenda Item: Subject: March 19, 2007 9 a i Changes to 5-1-4-2-C of the City Code to Provide for a Late Fee for Miscellaneous License Renewals not Filed on Time Initiated By: Staff Source: Finance and Administrative Services Department Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council discussed this issue with staff on March 5, 2007. RECOMMENDED ACTION Staff recommends Council approve the attached Bill for an Ordinance approving changes to 5-1-4- 2-C of the City Code. This action allows staff to impose a late fee for miscellaneous licenses filed late. The fee would be set by Resolution . Staff recommends the fee be set initially at $25, and it be periodically re vi ewed by City Council when all miscellaneous license fees are reviewed . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Miscellaneous license holders have not had a penalty imposed for filing their renewal applications late. This action is not intended to raise revenue, but is an incentive to file renewal applications on a timely basis . FINANCIAL IMPACT The City will be paid $25 for each late filer. At this time the amount collected cannot be determined, but it should not be significant. As mentioned above, this is not intended to raise re venue but ensure compliance with the Code. LIST OF ATTACHMENTS Proposed Bill for an Ordinance I ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCil.. Bll..L NO. 17 INTRODUCED BY COUNCil.. MEMBER TOMASSO AN ORDINANCE AU'llIORizING THE ACCEPTANCE OF A TRANSPORTATION UTil..ITY EASEMENT LOCATED ADJACENT TO SOUTH CLARK.SON STREET AND EAST DAR'IMOUIH A VENUE. WHEREAS, Environmental Homes of Colorado LLC, the owner of the property located at 3100 South Clarkson Avenue is subdividing the property into two lots; and WHEREAS, review of the Subdivision and American Land Title Association survey, it was determined that a traffic signal pole belonging to the City of Englewood was encroaching on Lot 1 of this property; and WHEREAS, as part of the subdivision process, a Transportation Utility Easement is required from the property owner to keep the traffic signal pole on public property; and WHEREAS, the property owner has agreed to dedicate a five foot by five foot triangular Transportation Utility Easement adjacent to South Clarkson Street and East Dartmouth Avenue; and WHEREAS, the passage of this Ordinance authorizes the City to accept a five foot by five foot triangular Transportation Utility Easement located adjacent to South Clarkson Street and East Dartmouth Avenue; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCil.. OF THE CITY OF ENGLEWOOD, COWRADO, AS FOLWWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the acceptance of a fi ve foot by fi ve foot triangular Transportation Utility Easement from Environmental Homes of Colorado LLC, located adjacent to South C larkson Street and East Dartmouth Avenue, attac hed h ereto as Attachment 1. Introduced, read in full , and passed on first reading on the 5th day of March, 2007. -1- 9 bi , Published as a Bill for an Ordinance on the 9th day of March. 2007. Read by title and passed on final reading on the 19th day of March, 2007. Published by title as Ordinance No. _, Series of 2007, on the 23rd day of March, 2007. Olga Wolosyn, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I. Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. ___J Series of 2007. Loucrishia A. Ellis -2- \ I • I i : i I : I I : I I I I I I I I I GRANT OF TRANSPORTATION AND UTil.JTY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that ENVIROMENTAL HOMES OF COW RADO LLC, 1353 Apex Road, Franktown, Colorado 80116-8528, Owner of Lot l, Block 20, Evanston Broadway Addition, County of Arapahoe, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, does hereby grant and convey to the CITY OF ENGLEWOOD, a municipal corporation duly organized and existing under and by virtue of the constitution of the State of Colorado, a permanent right of entry and permanent access, transportation and utility easement on the property described in Exhibit "A", which is attached hereto and incorporated herein by this reference (hereinafter the "Easement Premises"), upon which to construct, reconstruct, operate, remove, repair and maintain access, transportation and utility facilities and related appurtenances across, on, under and through the Easement Premises described real property situate in the City of Englewood, County of Arapahoe, State of Colorado, to wit: TRANSPORTATION AND UTILITY EASEMENT A parcel of land located within Lot 1, Block 20, Evanston Broadway Addition, more particularly describes as follows: Beginning at the Northwest comer of said Lot 1; thence East and along the North line of said Lot l, a distance of 5.00 feet; thence Southwesterly, a distance of 7 .07 feet, more or less, to a point on the West line of said Lot 1, said point being 5.00 feet South of the Northwest comer of said Lot 1; thence North and along the West line of said Lot 1, a distance of 5.00 feet, to the point of beginning, County of Arapahoe, State of Colorado. Containing 12.50 square feet or 0.0003 Acre. Reserving, however, to the undersigned, its successors and assigns, the right to utilize and enjoy the above-described premises providing the same shall not interfere with the construction, maintenance, repair, inspection and operation of said traffic control device and providing further that the grantor shall not cause substantial improvements to encroach upon the above-described Transportation/Utility Easement right-of-way, and the City shall not be liable for removal thereof if so placed. . SIGNED this rl:}_ ~y of~ 2007. E~OMENT HOMES OF COWRADO LLC By fidpJJli14~ STATE OF ) ) ss. COUNTY OF ) e foregoing in trument was acknowledged before me this &.c.f.Y of ~J.C.!~1.a::~--' 2007, by Richard H . Ludwig as Manager ofEnviromc:nt Homes of the owner of 3100 South Clarbon Avenue, Englewood, Colorado 80113 . i nexp A t t a C h m e n t 1 , f ' I r ·' EXHIBIT A TRANSPORTATION AND UTILITY EASEMENT 3100 SOUTH CLARKSON STREET N ~ o· 5' 10· 15' 20' SCALE : 1" = 10' EAST DARTMOUTH AVENUE (DED IC A TED RIG H T OF WAY) NORTHWEST CORNER OF LOT 1 S.OO' .---1--TRANSPORTA TION EASEMENT NORTH LINE OF LOT 1 POINT OF BEGINNING \ ~r=·......,__(yr}, --------- '\. * •'v~ t-w w 0::: I- V) ........ >-< 3: z i.... oo V) f- ~ I 0::: Q <( a:: ...J 0 CJ~ < u 0 I ~ t-.._,. => 0 V) .~'b 'bq, LOT 1 ~ST LINE OF LOT 1 .a:: . . -~..... "I"-:: ~,aj• 1 ,· .. ~ ~-9i•.' ·.3o . ,· /.: ... $ LEGAL DESCRIPTION FOR TRANSPORTATION AND UTILITY EASEMENT '\ il'.r;• ....... ~!.-~ ·. ~: .. ~· ·,~ t>~~ L"''" . .. "I/• 'Jif 9'\1• ~ ••. ' A PARCEL OF LAND LOCATED WITHIN LOT 1, BLOCK 20, EVANSTON BROADWAY ADDlTION, .. -· MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE EAST AND ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 5.00 FEET; THENCE SOUTHWESTERLY, A DISTANCE OF 7 .07 FEET, MORE OR LESS, TO A POINT ON THE WEST LINE OF SAID LOT 1, SAID POINT BEING 5.00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 1; THENCE NORTH AND ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 5.00 FEET, TO THE POINT OF BEGINNING, COUNTY OF ARAPAHO E, STATE OF COLORADO . CO NTA INlt G 12 .50 SQUARE FEET OR 0.0003 ACRE. JOB NO. 2006-2618 DATE: 11-20-2006 RE SEO : 1-30-2007 00 COLORADO 80113 303-7 ·1-055 ,, ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL Bll..L NO. 16 INTRODUCED BY COUNCIL MEMBER ------ A BILL FOR AN ORDINANCE AUTHORIZING THE TRANSFER OF LOT 30 , BLOCK 6, SKERRITTS ADDmON 3RD FILING, AS DESCRIBED IN 1HE DEED TO TIIE CITY OF ENGLEWOOD- HOUSING REHABILITATION FUND TO COMBINE THE PROPERTY WITH LOTS 28 AND 29 (3S96 soum BANNOCK STREET). WHEREAS, the City of Englewood acquired ownership of Lot 30, Block 6, Skerritt 's Addition, 3n1 Filing, located in the 3500 Block of South Bannock Street in 1998 by a Quit Claim Deed from the Arapahoe County Board of Commissioners; and WHEREAS, Lot 30 is a small triangular piece of land directly south of 3596 South Bannock Street and has been under the control of the Englewood Utilities Department since the City took ownership in 1998; and WHEREAS , Lot 30 has been available to previous owners as a side yard to 3596 South Bannock Street under a City Ditch Use Agreement ; how ever the Agreement restricts the use and development of the property; and WHEREAS, Lot 30 is no longer needed as a possible access to the C ity Ditch and the Department has no objection to the sale of the property to the City of Englewood-Housing Rehabilitation Fund; and WHEREAS, the City of Englewood-Housing Rehabilitation Fund would like to take ownership of Lot 30 in order to combine it with Lots 28 and 29 (3596 South Bannock Street) which would then become a total land area of 2 ,893 sq . ft .; and WHEREA S, the C ity desires to transfer Lot 30 to the City of Englewood-Rehab ili tation Fund; and WHEREAS, the City of Englewood-Housing Rehabilitation Fund will accept the property by paying ten dollars ($10 .00) and will assume all risks and responsibilities or all licenses and encroachments and for any environmental liability on the property; and WHEREAS , the proposed property transfer would allow the City of Englewood-Housing Rehabilitation Fund to combine the parcels and put Lot 30 back onto the property tax roles and relieve the City of any future maintenance costs; and NOW, THEREFORE, BE IT ORDAINED BY 1HE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the transfer of Lot 30, Block 6, Skerritts Addition 3rd Filing, as described in the Deed attached hereto as "Exhibit l" to the City of Englewood-Housing Rehabilitation Fund to combine the property with Lots 28 and 29 (3596 South Bannock Street). Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest the "Deed" for the transfer of Lot 30, Block 6, Skerritts Addition 3rd Filing to the City of Englewood-Housing Rehabilitation Fund on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 19th day of March, 2007. Published as a Bill for an Ordinance on the 23rd day of March, 2007. Olga Wolosyn, Mayor ATIEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of March, 2007. Loucrishia A. Ellis .. • ( Exhibit 1 QUIT CLAIM DEED TIDS DEED, made this __ day of 200_ between THE CITY OF ENGLEWOOD, COLORADO, a Home Rule City existing under and by virtue of the laws of the State of Colorado, grantor, Nhose legal address is 1000 Englewood Parkway, Englewood, Colorado 80110 and THE CITY OF ENGLEWOOD -HOUSING REHABILITATION FUND, grantees; whose legal address is 1000 Englewood Parkway, Englewood, Colorado 80110. WITNESSETH, That the grantor, for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration including assumption of the environmental risk, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confum. unto the grantee, its successors and assigns forever, all the real property together with improvements, if any, situate, lying and being in the County of Arapahoe, State of Colorado, described in Exhibit A, attached hereto and incorporated herein. TOGETHER, with all and singular hereditaments and appurtenances belonging thereto and any reversion, remainder, rents, issues and profits thereof; and all the estate, right, title interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained and conveyed premises. TO HA VE AND TO HOLD the said premises above bargained sold and described, with appurtenances, unto the grantee, its successors and assigns forever. And the grantor for itself, its successors and assigns, does covenant, grant, bargain and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, bas good, sure, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature whatsoever, except those of record and those granted to Lots 28 and 29. IN WITNESS WHEREOF, The said grantor bas caused its name to be hereunto subscribed by Olga Wolosyn, as Mayor of the City of Englewood, Colorado and its seal to be hereunto affixed, attested by its City Clerk, the day and year first above written. CITY OF ENGLEWOOD, COLORADO ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk ( COUNCIL COMMUNICATION Date: Agenda Item: Subject: March 19, 2007 11 a i Transfer of Ownership and Sale of Lot 30, South Bannock Street, PPI #2077-03-2-01-013 Initiated By: Staff Source: Community Development Department Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City of Englewood acquired ownership of Lot 30, Block 6, Skerritt's Addition, 3rd Filing, in the 3500 Block of South Bannock Street, in 1998 by a Quit Claim Deed from the Arapahoe County Board of Commissioners. This lot was apparently a "black hole" in the subdivision and the County asked the City if it would take ownership of the lot. The City agreed and it has been under the control of the Utilities Department because of its location adjoining the City Ditch. (See attached deed.) City Council approved Ordinance 32, Series 2005, to sell 3596 South Bannock Street acquired by the City of Engle w ood -Housing Rehabilitation Fund through foreclosure. This property is adjacent to Lot 30 described abov e. RECOMMENDED ACTION Community Development Staff recommends Council adopt a Bill for an Ordinance authorizing: 1) the transfer of ow nership of Lot 30, Block 6, Skerritt's Addition, 3rd Filing, County of Arapahoe, State of Colorado (PPI #2 077-03-2 -0 2-013} to the City of Englewood -Housing Rehabilitation Fund; and 2} to authorize Lot 30 to be combined and sold as part of Lots 2 8 and 29, Blo c k 6, Skerritt's Addition, 3rd Fi lin g, know n as 3596 South Bannock Street (PPI #2 0 77-0 3-2-0 2-01 2). BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED Lot 30 is a small triangular piece of land directly south of 3596 South Bannock Street. Lot 30 has been under the control of the Utilities Department since the City took ownership in 1998. Lot 30 has been a ailable to pre ious owners as a side yard to 3596 South Bannock Street under a City Ditch Use Agreement, but the agreement restricts the use and development of the property. Lot 30 is no longer needed by the Utilities Department as a possible access to the City Ditch. They ha e no objection to transferring it to the Housing Rehabilitation Fund . The Housing Rehabilitation Fund would like to take ownership of Lot 30 to combine it with Lots 28 and 29 (3596 South Bannock Street). Arapahoe County requirements for lot combinations are that the parcels involved must be con tiguous, in the same taxing districts and under the same ownership. Arapahoe County cannot urrentl combine the parcels because the are titled differently e en though the y are both own d by th City. Arapahoe County re commends a Quit Claim deed be executed to put both parcels under the t s me ownership, then the combination of the lots can be processed . This combination would create a little larger property for 3596 South Bannock Street. Currently 3596 South Bannock Street has a total land area of 2, 153 sq. ft. Lot 30 is approximately 7 40 sq . ft. The combined total land area would then be 2,893 sq. ft . Lot 30 is not large enough to be legally buildable under current development codes. It can only be combined w ith a contiguous parcel of property. The only contiguous parcels are 3596 South Bannock Street and the City Ditch . The Utilities Department no longer has a need for Lot 30. Its only current value is to combine it with Lots 28 and 29 for 3596 South Bannock Street. This combination of parcels would put Lot 30 back onto the property tax roles and would relieve the City of any future maintenance costs . There was no cost to the City in acquiring Lot 30 from Arapahoe County. FINANCIAL IMPACT The Housing Rehabilitation Fund (Fund 46) will cover all recording fees and any other costs associated with combining Lot 30 as part of 3596 South Bannock Street. There is no other financial impact to the City. LIST OF ATTACHMENTS Proposed Bill for an Ordinance ORDJNANCE NO. SERIES OF 2007 BY AUTHORITY ABILLFOR COUNCIL Bll,L NO. 20 INTRODUCEDBYCOUNCIT, MEMBER ------- AN ORDINANCE AUTHORIZING A "CITY DITCH CROSSING LICENSE AGREEMENT" FOR A FENCE; A "CITY DITCH CROSSJNG LICENSE AGREEMENT" FOR A RESIDENTIAL SANITARY SEWER LINE; AND AN "ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT" TO THE CITY OF ENGLEWOOD-REHABil,ITATION FUND FOR THE LOCATION OF 3596 SOUTH BANNOCK STREET, ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council approved Ordinance No. 42, Series of 2003 authorizing a License Agreement to install a gate across the City Ditch at 3594 South Bannock Street, an adjacent property; and WHEREAS, the Englewood City Council passed Ordinance No. 43, Series of 2004 authorizing the owner to maintain a portion of the City Ditch at 3596 South Bannock Street; and WHEREAS , the proposed "Encroachment Permit And Indemnity Agreement" grants to the City of Englewood Rehabilitation Fund permission to encroach upon the City's property for the sole pwpose of maintaining the existing comer of the house and concrete patio, said encroachments consisting of approximately one hundred and ten square feet and the passage ohhis proposed ordinance authorizes the "License-City Ditch Crossing Agreement" for such encroachment and are for the existing structures with removal of the structures the "Encroachment Permit And Indemnity Agreement" terminates ; and WHEREAS , the proposed "City Ditch Crossing License Agreement" grants to the City of Englewood Rehabilitation Fund to allow for the installation and maintenance of a chain link fence with the requirement that successive owners apply for a new Right-of-Way Use Agreement with the City of Englewood; and WHEREAS, the proposed "City Ditch Crossing License Agreement" grants to the City of Englewood Rehabilitation Fund, its successor for assigns a license to construct and maintain a residential sanitary sewer line for 3596 South Bannock Street, which is needed for the existing sewer service line crossing the City Ditch and the removal of the existing sewer service terminates this Agreement; and WHEREAS, the Englewood Water and Sewer Board recommended approval of the "City Ditch Crossing Agreement" for a fence ; a "City Ditch Crossing License Agreement" for a residential sanitary sewer line; and an "Encroachment Permit and Indemnity Agreement" to the City of Englewood Rehabilitation Fund for the location of 3596 South Bannock Street, Englewood, Colorado at the March 13, 2007, meeting; -1 - )~it NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The "City Ditch Crossing Agreement" for the installation and maintenance of a chain link fence, with the requirement that successive owners apply for a new Right- of-Way Use Agreement with the City of Englewood, attached hereto as "Attachment l ," is hereby accepted and approved by the Englewood City Council. Section 2. The "City Ditch Crossing License Agreement" to construct and maintain a residential sanitary sewer line for 3596 South Bannock Street, attached hereto as "Attachment 2" is hereby accepted and approved by the Englewood City Council. Section 3. The "Encroachment Permit and Indemnity Agreement" permission to encroach upon the City's property for the sole purpose of maintaining the existing comer of the house and concrete patio, said encroachments consisting of approximately one hundred and ten square feet, for the existing structures and upon removal of the structures the "Encroachment Permit And Indemnity Agreement" terminates, attached hereto as "Attachment 3" is hereby accepted and approved by the Englewood City Council. Section 4. The Mayor is authorized to execute and the City Clerk to attest and seal the "City Ditch Crossing License Agreement" and the "City Ditch Crossing License Agreement" and the "Encroachment Permit and Indemnity Agreement" for and on behalf of the City of Englewood, Colorado . Introduced, read in full, and passed on first reading on the 19th day of March, 2007 . Published as a Bill for an Ordinance on the 23rd day of March, 2007. Olga Wolosyn, Mayor ATTEST: Lou crishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of March, 2007. Loucrishia A. Ellis -2- ( CITY DITCH CROSSING LICENSE AGREEMENT Attachment 1 THIS LICENSE AGREEMENT, made and entered into as of the day of -------'' 200___J by and between the CITY OF ENGLEWOOD , a municipal corporation of Colorado, hereinafter referred to as "Englewood" or "City", and THE CITY OF ENGLEWOOD-REHABILITATION FUND, hereinafter referred to as "Licensee"; WITNESSETH The City, without any warranty of its title or interest whatsoever, hereby authorizes Licensee, its successor or assigns to INSTALL AND MAINTAIN A FENCE over the City's Right-of-Way for the City Ditch. The City of Englewood, County of Arapahoe, State of Colorado, described on Exhibit A, attached hereto and made a part hereof, under the following terms and conditions: 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 approved by the City. 2. Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to, Licensee 's Fence 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 Fence, Licensee shall complete such construction, place and maintain permanent, visible markers of a type and at such locations as designated by the City's Director of Utilities, referring to the centerline of the installation, shall clear the crossing area of all construction debris and restore the area to its previous condition as nearly as may be reasonable. In the event the placing of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified, City may complete the work at the sole expense of Licensee. 4. City shall have the right to maintain, in stall, repair, remove or relocate the City Ditch or any other of its facilities or installations within City's Right-of-Way at any time and in such manner as City deems necessary or convenient. City reserves the exclusive right to control all easements and installations. 5 . The stipulations and conditions of this License shall be incorporated into contract specifications if the construction herein authorized is to be done on a contract basis . 6 . 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 Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations . 7. Licensee shall contact and fully cooperate with City's personnel, and the construction shall be completed without interference with any lawful, 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 8. All trenches or holes within City's rights-of-way shall be backfilled and tamped to the original ground line in layers not to exceed six (6) inches loose measure to a compaction of ninety percent (90%) Standard Proctor Maximum Density. 9. To extent allowed by law Licensee shall indemnify and save harmless the City, its officers and employees, against any and all claims, damages, actions or causes of action and expenses to which it or they may be subjected by reason of said sewer line being within and across and under the premises of the City or by reason of any work done or by omission made by Licensee, its agents or employees, in connection with the construction, replacement, maintenance or repair of said installation. 10. It is expressly agreed that in case of Licensee's breach of any of the within promises, City may, at its option, have specific performance thereof, or sue for damages resulting from such breach. 11. Upon abandonment of any right or privilege h~ein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless City, its officers and employees, shall not terminate in any event. In granting the above authorization, City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under control of City. IN WITNESS WHEREOF this instrument has been executed as of the day and year first above written. Attest: Loucrishia A. Ellis, City Clerk CITY OF ENGLEWOOD, COLORADO Olga Wolosyn, Mayor LICENSEE: THE CITY OF ENGLEWOOD- REHABILITATION FUND Bob Simpson, Director I I , , 1 ' t l f° ,ow ( L O TS 28 & 29, BLOC K 6, BE ING A PA RT OF THE NE 1 / 4, CITY OF ENGLEW OOD, SK ERRI TTS A DDITION TO ENG LEWOOD, TH IRD FILING , SE C 3 . TOW N SHIP 5 SOUTH, RA NGE 68 WES T, 6 TH COUN TY OF A RA PAH OE, S TA TE OF C OL ORADO SH E:E T 1 OF 1 P .M . EXHIBIT A 0 0 ,,.; --.,--·I-'"'..!-------- ~ a aw ~ ~ LOT 1 UVl ----- Lu < 0:: Lu :--~ tr 2 g . ----;S- ci ~ LOT 3 ;:f _____ _ a,. N ID p !" g;:; 0 0 fNO 1 AG #26951! z o~ 0 .24'WEST ANO 0 .36 ' I ~ Z LOT l7 SOUTH Of PLATT£0 8 ·-_ P0SIT1C1!!..._ _ a:: Vl ~ i LOT 18 SKEnR!TT'S w ~r: --ADDmON TO-~ ~ LOT HI ENGLElrOOD, oi mIRD Fll.ING ~ ~ ---BLOCK 6, § ~~LOT 2~ ~ ".:._:~5 ~ u, I g :, LOT :tl ~ gFL''•T:: -- Ul O I Li '• ··- z =:_-_ -- _\ __ f NO TAG #26958 0 .47'v.t:ST ANO 0 .67' SOUTH Of PLA TTEO POSITION N 83'06 '57" W 15.00' N 7 3"25 '54 " W 16.66 ' WEST JEFFERSON A VENUE (60' RO w) N 89 "37'02" E -642 .00' - 50 0 ---; 1 /4 -C-OR-.-S-EC~ 3 ~5-S,-R6-B-W , ~ T; P~ j FOUND 3 1/4" ALUM . MON UMENT STAM;ED I !~ COLO . DEPT. OF TRANSPORTATION PLS NO . ~ . ,m,. "" ,N ""' ao, 1 -cEr> ~ I d 100 ':.(ALE : I" ~ 50' LEGJ _:N_D ____ ·------1 Q. CLEANOUT '.., CONCRETE im GAS METER FE NCE , AS NOTED ~ SANITAR Y MANH OL E • (.W s ·1ur<M l)t-<AIN 0 SET PL ASTIC CAP ON N5 REB AR RMC 2 5645 ~t. ·, L:,.; ,:...53 i ~G ii .; CON C. 5 .0' :>fFSET RMC 25645 SECTION COR NER , AS NOTE ') LOT 27 1." WOOD S l ~J(KAlil ~ 4 2" Bl!NG \ -- LEGAL DES CR(PTION A PA RCEL Of L ANO LOCATED IN l H E NOR l HE A ST QUAR TER OF TH E NOR TH WE ST OUA R TER Of SEC TIO N 3 , TO WNSHI P 5 SOUTH , RANGE 6 8 WEST , OF THE SI XT H PRI N CI P AL MERIDIA N , CI TY OF ENGLEWOO D, COUN TY OF ARAPAHOE , S TA TE OF C OLO R ADO , MOR E P AR TICU L AR LY DES CRIBED A S FOLLO WS : LO TS 2 8 AND 2 9 , BLOCK 6 OF SK ERRITT 'S A DD I TIO N TO ENGLEWO OD, THIRD FILING A S RE CORDED AT BOOK 4 , P AG E 45 IN THE AR APAHOE COUNT Y CLERK A NO RE CORDER 'S OFFICE . CONTAIN ING 2 ,153 SQU ARE FE ET, 0 .049 A CRES MORE OR L ES S. GENERAL NO TES 1. DATE OF FIELD WORK : N OVEMBER 2 '/ AN D OE C[MBER 6 , 2002 2 . A LL REl'[R ENCES TO BO OKS , P A GE S AND REC [P 110 N N U MB ERS ARE PUBLIC D OCU MEN TS ON FIL E IN TH E ARAPAIJ OE C OU NTY CLERK AND RECORDE R'S OFFIC E. 3 . TH IS B OUND ARY AN O IM PROVEMEN T SUR V[Y WAS PERFOR MED WI TH OUT TH E BEN EFIT OF A TIT L E COMMITTME N T. THIS SU RV EY DOES N O f CO N STITUTE A TIT LE SE ARC H BY ROCKY MOUN TAI N CO NS UL TAN TS, IN C . TO DETE RMINE OWNER SH IP, RIG HT-OF -WA YS OR E ASE MEN TS OF RE COR D . 4 . THE HOUS E [N CR OA CHES ON TO THE CI TY OF O(NVER DITCH PR OP ER TY AS SH OWN HEREO N. 5 . A GAP BET WEEN THE LOT LI NE OF LOTS 2 7 /2 8 AN D A WOOD FEN CE IS BEING U TILIZED BY LOT 27 . BASIS OF BEARINGS ALL t,EAR 1o 'I G~ S r:U n N 1-,E.::.:t.L.:N ARE t-.... :,:~ Ct" -;;,£ z..:.:':'" ~i~~= Cf' T .~~ NORTHE AS T ONE -OU ARTER , N OR Trt Wt::S T ON[-OUART[R LI NE B EAR ING SOU TH OO 'D 0'2 9" EA S T. IN AC CO RD AN CE WIT H CRS 13 fl~ NOTICE : "ACCORD ING TO COLORADO L AW YOU MUS T CO MM ENCE A NY LEGA L ACTION B ASED U PON ANY DEF EC T IN THI S SURVE Y WIT HI N THRE E YEARS AFTE R U S(O U )' 1,;1 27 1 .•. · .... -~·5' 1.1 ··~·~-- _ .. LQ!' 28 . . . . :; ' 2 •• :• YOU FI RST DI SCOVER SU CH DEFECT . IN NO E VE N T MAY ANY A C TIO N BA SED I U PON ANY DEFECT IN THIS SUR VEY El£ CO MM ENCED MORE TH AN TEN YEA RS FROM TH E OA TE OF THE CER TIF1CA TION SHO WN HEREON ." "1 ;;- ----····-·--- 14 I' B ll .r, ~ ~ u.,· . h lJ ! . I RCl AI NIN C; WALL I 29 1 ;f-c , ..... ,,,,/ f I ,_ I --·, •. _ I .LOT 30f''-,., ' ! -~-- 1 ,/ I 1· • 20· 51· COR ., NE 1 /4, NW 1 /4, S[C . 3, T~S. RS !W, 6TH PM F' ll:NO 3 1 /4" ALUM . MONUMENT SI AMPrn COLO DEi>T . Of' 11,\NSPORTATION PLS 27278, 1 194 IN R ANCf BO~ •NC 1.)01 l 1 00 me ~ I! . ,.:is Z a ~~'18 a: w ~~~ .-a:i ·o w ... "' Zo,,.; ~~I~ ,-Vl - ~~lw ! ,~ ~r NOTICE : A N Y PERS ON WH O K N OWI NGLY R[MOV[S , ALTERS OR DCF ACES ANY PUBLI C LAN D SURVE Y MONUMENT, OR LAND BOUNDAR Y MON U MEN T OR A CC ESSOR Y, CO MM ITS A CLASS 2 MISDEMEANOR PURSU AN T TO S TA TE S TA TU lE 18 -4 -508 C.R.S. SURVEYOR 'S CE RTIFIC ATE I, JOHN R . WEST, JR ., A REGISTER ED LANO SURV[YOR IN THE STATE OF COLORADO. 00 HEREBY STATE THAT DURING TH[ MONTHS OF NOVEMBER AND OEC[MBER . 2002, A SURVEY OF THE PROPERTY HEREON REPRESENTED WAS MADE UNDER MY DIRECT RESPONSIBILITY, SUPERVISION AND CHECKING; THE BOUNDARY CORNERS WERE MARK ED AS SHOWN ; ANO THAT BOTH SURVEY ANO PLAT ARE TRUE ANO ACCURATE ~ ST or MY KNOWLEDGE ANO BELIEF . ~'\-: :: ..£ ~~r,.~ • : . I 7;.'· c,·z.. COU NTY SURVEYOR'S CERT JfJCATE DEPOSITED Tlt1S DAY or . 20 __ , AT ------M . IN BOO ----or Tlif COUNTY SURVEYOR'S LA D SURVE y f>LA I !.Ufl'ICYS AT PAC( . Rl ctr ltON NUMBER ____ _ OU D .3~ . S. BA ( ( CITY DITCH CROSSING LICENSE AGREEMENT Attachment 2 THIS LICENSE AGREEMENT, made and entered into as of the __ day of -------' 200__, by and between the CITY OF ENGLEWOOD, a municipal corporation of Colorado, hereinafter referred to as "Englewood" or "City", and THE CITY OF ENGLEWOOD-REHABILITATION FUND , hereinafter referred to as "Licensee"; WITNESSETH The City, without any warranty of its title or interest whatsoever, hereby grants to Licensee, its successor or assigns a license to construct and maintain a Residential Sanitary Sewer Line for 3596 South Bannock Street, Englewood, Colorado, over the City's Right-of-Way for the City Ditch. City of Englewood, County of Arapahoe, State of Colorado, as shown on "Exhibit A", attached hereto and made a part hereof, under the following terms and conditions: I . 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 approved by the City. 2. Licensee shall notify the City's Director of Utilities at least three (3) days prior to the time of commencement of the construction of, or any repairs made to, Licensee's Residential Sewer Line 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 sewer line, Licensee shall complete such construction, place and maintain permanent, visible markers of a type and at such locations as designated by the City's Director of Utilities , referring to the centerline of the installation, shall clear the crossing area of all construction debris and restore the area to its previous condition as nearly as may be reasonable. In the event the placing of the centerline markers and the clearing and restoration of the crossing area is not completed within the time specified , City may complete the work at the sole expense of Licensee. 4 . City shall have the right to maintain, install, repair, remove or relocate the City Ditch or any other of its facilities or installations within City's Right-of-Way at any time and in such manner as City deems necessary or convenient. City reserves the exclusive right to control all easements and installations . 5. The stipulations and conditions of this License shall be incorporated into contract specifications if the construction or repair herein authorized is to be done on a contract basis . 6. The rights and privilege granted in this License shall be subject to prior agreements, licen e and/or grants, recorded or unrecorded, and it shall be Licensee's ole respon ibility to determine the existence of said documents or conflicting u e or installation . 7. Licensee shall contact and fully cooperate with City's personnel , and the construction shall be completed without interference with any lawful, 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 8. All trenches or holes within City's rights-of-way shall be backfilled and tamped to the original ground line in layers not to exceed six ( 6) inches loose measure to a compaction of ninety percent (90%) Standard Proctor Maximum Density. 9. To the extent allowed by law Licensee shall indemnify and save harmless the City, its officers and employees, against any and all claims, damages, actions or causes of action and expenses to which it or they may be subjected by reason of said sewer line being within and across and under the premises of the City or by reason of any work done or by omission made by Licensee, its agents or employees, in connection with the construction, replacement, maintenance or repair of said installation. 10 . It is expressly agreed that in case of Licensee's breach of any of the within promises, City may, at its option, have specific performance thereof, or sue for damages resulting from such breach. 11 . Upon abandonment of any right or privilege herein granted, the right of Licensee to that extent shall terminate, but its obligation to indemnify and save harmless City, its officers and employees, shall not terminate in any event. In granting the above authorization, City reserves the right to make full use of the property involved as may be necessary or convenient in the operation of the water works plant and system under control of City. IN WITNESS WHEREOF this instrument has been executed as of the day and year first above written . Attest: Loucrishia A. Ellis, City Clerk CITY OF ENGLEWOOD , COLORADO Olga Wolosyn, Mayor LICENSEE: THE CITY OF ENGLEWOOD- REHABILITATION FUND Bob Simpson, Director ( ( LEGAL DESCRIPTION SANITARY SEWER SERVICE LINE LOCATION A SANITARY SEWER SERVICE LINE LOCATED IN THE NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 3, WHENCE THE SOUTHEAST CORNER OF SAID NORTHEAST ONE-QUARTER OF THE NORTHWEST ONE- QUARTER BEARS SOUTH 00°00'29" EAST, SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION; THENCE SOUTH 39°27'04" WEST A DISTANCE OF 918 .56 FEET TO THE MOST EASTERLY CORNER COMMON TO LOTS 27 AND 28, BLOCK 6 OF SKERRITT'S ADDITION TO ENGLEWOOD, THIRD FILING AS RECORDED IN THE ARAPAHOE COUNTY CLERK AND RECORDERS OFFICE IN BOOK 4 AT PAGE 45 AND A POINT ON THE WESTERLY LINE OF THE CITY DITCH; THENCE SOUTH 31 ° 13 '32" WEST, ALONG THE EASTERLY BOUNDARY LINE OF SAID LOT 28, A DISTANCE OF 13 .61 FEET TO A POINT ON THE CENTERLINE OF SAID SANITARY SEWER SERVICE LINE AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID CENTERLINE THE FOLLOWING FIVE (5) COURSES : 1. NORTH 89°37'58" EAST A DISTANCE OF 12 .63 FEET; 2 . THENCE NORTH 56°14'53" EAST A DISTANCE OF 19 .38 FEET; 3 . THENCE NORTH 73°48'53" EAST 15 .50 FEET; 4. THENCE NORTH 87°07' 18" EAST A DISTANCE OF 30.78 FEET; 5 . THENCE NORTH 29°12'52" EAST A DISTANCE OF 13.24 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID CITY DITCH AND THE POINT OF TERMINUS. I, JOHN R. WEST, JR., A PROFESSIONAL LAND SURVEYOR LICENSED IN IBE STATE OF COLORADO, DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISON AND CHECKING. ·' ... X H I a I T A EXHIBIT 1" -30' LOT 25 LOT 26 LOT 27 S 31'13'32" W 13.61 ' TRUE POINT OF BEGINNING 1-w w ~ V) ~ u 0 z z <( lD U) LOT 28 LOT 29 sKERRrrrs ADDITION TO ENGLEWOOD, THIRD FILING BLOCK 6 BK 4, PG 45 N 1/4, COR, SEC. 3, T5S, R68W, 6TH P.M. FND 3-1/4" ALUM. MON. STAMPED COOT, PLS 27278, 1994, IN RANGE BOX POINT OF COMMENCEMENT LOT 4 LOT 5 >-w ....I ....J <( LOT 6 ENGLE WOOD HEIGHTS BK 1, PG 43 LOT 7 LINE TABLE RF' ARI r. I FNGTH t") u w (/) 'q" ........... ..- 3: z ~ ........... ..- w z w ......... I 0 w I-0:: l.J... :) 0 c.n <( w w z ::;;; ::J ..__., I-0 {/) N <( LO w I.() I") ..- U) ('.) w z 0:::: er, N <( Cl w m p 0 u.. 0 0 (/) U) Attachment 3 ENCROACHMENT PERMIT AND INDEMNITY AGREEMENT TIDS AGREEMENT, made this day of March, 200_, between the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, the owner of a certain parcel of real property legally described in "Exhibit A", attached hereto and the CITY OF ENGLEWOOD-REHABILITATION FUND. and commonly known as : 3596 South Bannock Street The City of Englewood, Colorado, pursuant to 11-3-4 EMC, hereby grants to the City of Englewood-Rehabilitation Fund permission to encroach upon the City's property for the sole purpose of maintaining the existing corner of the house and concrete patio, attached as "Exhibit A", with said encroachment consisting of approximately one hundred and ten square feet (110'). The aforesaid property owner and their heirs and assigns understand and agree that : I . They will construct no other permanent structure, nor any plantings which will interfere with the City's full use and enjoyment of its property. 2. This permission is a revocable license and is revocable at will and without cause by the City of Englewood, Colorado without hearing and without notice other than Notice of Revocation. 3. That the Property Owner shall remove any structure including existing structure and patio after receiving Notice of Revocation by personal service or certified mail. 4. That the Property Owner is estopped to deny the right of the City of Englewood, Colorado, to revoke this Encroachment Permit or to deny the property rights of said City. 5. That the Property Owner(s) agree to reimburse and indemnify the City of Englewood , Colorado to the extent allowed by law, for all necessary expenses of whatever nature that may be incurred in revoking this Permit, removing any structure(s) or any other expense as a result of granting the Encroachment Permit. 6. That the property owners shall maintain insurance coverage sufficient to satisfy any liability arising as a result of this Encroachment Permit and Indemnity Agreement, and the City of Englewood shall be held harmless from any and all liabilities arising from this action . 7 . That the Property Owner shall pay all reasonable expenses of preparing and recording this Agreement . That this agreem nt hall inure to the benefit of and be binding upon the heirs, executors, admini trators , ign , and succe sors of the re pective partie . IN WITNESS WHEREOF, the parties have set their hands the day and year first written above. CITY OF ENGLEWOOD, COLORADO a municipal corporation By: _______________ _ ATTEST: Olga Wolosyn, Mayor By: ____________ _ Loucrishia A. Ellis, City Clerk STATE OF COUNTY OF ARAPAHOE THE CITY OF ENGLEWOOD- REHABILITATION FUND PROPERTY OWNER By: ______________ _ ) ) ss. ) Bob Simpson, Director The foregoing instrument was acknowledged before me this __ day of _______ ,, 200 _, Robert Simpson as the Director of the City of Englewood- Rehabilitation Fund. Notary Public My Commission expires: ___ _ LOTS 28 & 29, BLOCK 6, BEING A PART OF THE NE 1 /4, CITY OF ENGLEWOOD, FILING, 6 H SKERRITTS ADDITION TO ENGLEWOOD, THIRD SEC 3. TOWNSHIP 5 SOUTH, RANGE 68 WEST, COUNTY OF ARAPAHOE , STATE OF COLORADO SHE:ET 1 OF 1 P .M. EXHIBIT A i~~ -----"' ------ I I 1 1 ,. uvi~---w< a: w :--'~r:cT2 g. ----~ a~ Lor J ~o -----:~{- N<O j:, !" r; p 0 0 FNO TAC #26958 z o 0 .24 'WEST ANO 0. J6' ~ Z~O~r 17 SOUTH OF PLATT ED I 8 _ _ P~TIO_tl_ _ a: VI i/l ~ Lo·r 18 SKEaRITl''S ~ 6r --.ADDffiON TO-~ ~ I LOT HI ENGLEWOOD, 0 oi THIRD FllJNG a: ~---BLOCK 6, i ~ ~ LOT 2~ 8~ ":_:<:!5 "' 8 ::, LOT :tl ~ ~~•T •:::l rL TO Row z~--3: I I I :~ ~I LOT :tJ ~ 8 LO( :t-4 - IB ~ ,~ 0 ~oo·z ROW .. ,~ I I ; s e,159 •31 :) 7 90' 0 U') I J).Jl.' u WLII I I ~ Lo·r ;i.:s "' ., .., .. ·~ FND TAC 126958 0 .4 7'wEST AN D O 6 7' SOUTH Of PLATTED POSITION N 83'06 '57" W 15 .00' N 7 3'25'54" W 16 .66' I I WEST JEFFERSON AVENUE (60' ROW) N 89 '37'02" E -642 .00' ----------ct N 1/4 COR . SEC . J T5S, R68W , 6TH PM FOUND J 1/4" ALUM . MONUMENT STAMPED COLO . DEPT . OF TRANSPORTATION PLS NO . 2727 8 , 1994 IN RANGE SOX I 50 100 _=-=::s ~CAL[: !" ~ 50 ' LEGl:ND Q. CLEANOUT ~ GAS METER -----------1 ... -. ~--:-·· e> SANITARY MANHOLE • I~ s ·1ur'<M Ot<A1N o ,~ SECTION CORNER. AS NOTE ') LOT 27 CONCRETE FENCE, AS NOTED SET PLASTIC CAP ON #5 REBAR RMC 25645 :.,(, L ... , A3:£, i AG i i~ CONC . 5.0' :>FFSET RMC 2:>6 45 -- I LEGAL DESCRIPTION A PARCEL OF LANO LOCATED IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SE CTIO N 3 , TOWNSHIP 5 SOUTH, RANCE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEW OOD COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE PARTICULARLY DESCR IB ED AS FOLLOWS : LOTS 28 ANO 29, BLO CK 6 OF SKERRITT'S ADDITION TO ENGLEWOOD, TH IRD FILING AS RECORDED AT BOOK 4 , PACE 45 IN THE ARAPAHOE COUNTY CLERK ANO RECORDER'S OFFICE . CONTA INING 2,153 SQUARE FEET, 0 .049 AC RES MORE OR LESS . GENERAL NOTES 1. DATE OF FIELD WORK : NOVEMBER 27 AND DECEMBER 6, 2002 2. ALL REFERENC[S TO BOO KS, PAGES AND R[CEPllON NUMBERS ARE PUBLIC DOCUMENTS ON FILE IN THE ARAPAHOE CO UNTY CLERK AND RECORDER'S OFFICE . 3. THIS BOUNDARY ANO IMPRO VEMENT SURV(Y WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE COMMITTMENl . TH IS SURVEY DOES NOi CONST ITUTE A TITLE SEARCH BY ROCKY MO UNTAIN CON SU L TAN rs. INC . TO DETERMINE OWNERSHIP , RIGHT-OF-WA YS OR EASEMENTS or RE COR D. 4. THE HOUSE ENCROAC~IES ONTO TH[ CITY OF ornvrn DIT CH PR OPERTY AS SHOWN HEREON . 5 . A GAP BETWE EN THE LOT LINE OF LOTS 27 /28 AND A WOOD FENCE IS BEING UTILIZED BY LOT 27 . BASIS OF BEARINGS "'-LL ~(Ar(.,,.(,::, ':::>r:Vv ,N 1,: . ....:t.L.'N ARE t'""·:-.·:; (..; .. -;;,[ ZA:7 ~;~;: Ci .,.,,~ NORT HEAST CNE -OUARTER, NORTrl WlS T ONE -QUARTER LINE SEARIN G SOU TH 00 '0 0'29" EAST. IN ACCORDANCE WITH CRS 1.3-80-105 3 NOTICE : "ACCORDING TO COLORA DO LA W YO U MUS T CO MMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY 1"1THIN THREE YE ARS AFT ER YOU FIRST DISCOVER SUCH DEFECT . IN NO EVE NT MAY AN Y ACTION BA SED I UPO N ANY DEFECT IN TH IS SURVEY BE COMM ENCED MORE THAN TEN YEARS FRO M THE DA TE OF TH E CERTIFIC~ TION SHOWN HEREON . - 0 I") w LOT 29 I LOT ,or,' ;/ I ! -~-- 1· • 20 · S'-COR ., NE 1 /4, NW 1 /4, Sf'C. J, T~S. R6!W, 6TH PM r>l 'ND 3 1/4" ALUM . MONUMENT Sl.:.MPC:0 COL O. DEPT . Of' 1 1,\NSPORTA IION PLS 27278, 119 ~ IN RAN~E BOlC .---------- ~ I! ..,.· 1-.j ~VII~ ~~,8 a:: w .... a: z~ :- .:;..._ ~ z O ui ~~I~ ... ~1- rli ~r NOTICE : AN Y PERSO N WHO KNOWINGL y RD,Wvrs . ALTERS OR DEF ACES ANY PUBLIC LAND SURVEY MONU MENT , OR LANO BOUNDARY MONUMENT OR ACCESSORY , COM MI TS A CL ASS 2 MISDEMEANOR PURSUANT TO STATE ST A TUT E 18 -4 -508 C.R S . SURVEYOR'S CE RTIFI CA TE I, JOHN R. WEST, JR . A REGISTERED LAND SURV[ OR IN THE STATE OF COLORADO , DO HEREBY STA TE THAT DURING TH[ MONTHS OF NOVEMBER AND DECEMBER , 2002, A SURVEY OF lHE PROPERTY HERCON REPRESENTED WAS MADE UNDER MY DIRECT RESPONSIBILITY, SUPERVI SION AND CHECKING ; THE BOUNDARY CORNERS WERE MARKED AS SHO WN ; ANO THAT 8DTH SURVEY AND PLAT ARE TRUE AND ACCUR ATE ~ f ST OF MY KNOWLEDGE AND BELIEF . 1::,'-1:l , .... Ct r t ·· .. I/.?: c;z_ DA TE COUNTY SURV~YOR 'S CERTJPICATE DEPOSIT[D 1tt1S DAY or . 20 --, AT _ M , IN 800 ----or TII COU NT Y SUR YOR'S LAND SURVLY PLAT SUR YS AT PACE --· [Cfl'TION NUMBER ____ _ 0 Ai"' ' COUNCIL COMMUNICATION Date: Agenda Item: Subject: March 19, 2007 11 a ii Various City Ditch Agreements 3596 S. Bannock St. Initiated By: Staff Source: Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On May 19, 2003 City Council approved Ordinance #42 for a License Agreement to install a gate across City property at 3596 South Bannock Street, an adjacent property. On July 19, 2004 City Council approved Ordinance #43 for the owner to maintain the surface of a portion of the City Ditch at 3596 South Bannock Street. RECOMMENDED ACTION At their March 13, 2007 meeting, the Englewood Water and Sewer Board recommended Council adopt a Bill for an Ordinance approv ing two permanent encroachment agreements, a City Ditch crossing agreement, and a City Ditch right-of-way use agreement for 3596 South Bannock Street. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood Housing Rehabilitation Fund has come to own 3596 South Bannock through a rehab loan foreclosure. The Housing Rehabilitation Fund currently has the house for sale . When an Owner and Encumbrances (O&E) Report w as ordered to prepare for the sale, the issue of various encroachments and license agreements was reviewed by the City Attorney's office. The City Attorney's office re c ommended that the li c ense agreements, c rossing agreement and right-of- w ay us e agre em ent be c ompleted before th e sale to a new ow ner. Attached are the following documents to be executed concurrently: • The Permanent Encroachment Agreement An Encroachment Agreement is needed for the corner of the house and for the patio. The proposed encroachment is for existing struc t ures with removal of the struc tures terminating the agreement. • City Ditch Crossing Agreement #1 A Crossing Agreement is needed for the existing sewer service line to cross the City Ditch . Remo al of the sewer service would terminate the agreement. • City Ditch Right-of-Way Agreement #2 This agreement is for an existing chain link fence. The approved agreement would be executed with the new owner with the requirement that successive owners apply for a new agreement with the City. Englewood will maintain the use of their easement and the right to install, repair, remove, or relocate the City Ditch at any time deemed necessary. The Licensee expressly assumes full and strict liability for any and all damages of every nature to person or property caused by the point or points where the Licensee performs any work in connection with the crossing provi ded by the License . The City reserves the right to make full use of the property necessary in the operation of the City Ditch. FINANCIAL IMPACT None. LIST OF AlTACHMENTS Proposed Bill for Ordinance ' ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 19 INTRODUCED BY COUNCIL MEMBER ------- ABILLFOR AN ORDINANCE AUTHORIZING A "LICENSE-CITY DITCH CROSSING AGREEMENT" AND A ''TEMPORARY CONSTRUCTION EASEMENT' TO HCA -Health One LLC, dba SWEDISH MEDICAL CENTER FOR THE INSTALLATION OF CURB, GU'M'ER AND AN ASPHALT CONCRETE DRIVEWAY AT 501 EAST HAMPDEN AVENUE . )I aii/ WHEREAS, the Englewood, Colorado City Council approved the Swedish Medical Planned Development in 1989 with additional amendments approved in 1989, 1990, 1992 and 1993;and WHEREAS, the Englewood City Council passed Ordinance No. 10, Series of2001 which approved a City Ditch Encroachment Permit and a Grant of City Ditch Crossing License Agreement for an Overhang over City Ditch for the main entrance to the hospital located at 501 East Hampden Avenue; and WHEREAS, the City received a request from Swedish to install curb, gutter and an asphalt concrete driveway In the existing drive around located on the south side of the hospital facing Hampden; and WHEREAS, HCA will be enlarging the footprint of the existing overhang addition by extending it southward, while maintaining the required distance from the City Ditch ; and WHEREAS, the existing encroachment permit is for the supporting column necessary for construction that requires 16' within the City Ditch Right-of-Way WHEREAS , the proposed curb, gutter and asphalt/concrete driveway will extend into the City Ditch easement and the passage of this proposed ordinance authorizes the "License-City Ditch Crossing Agreement" for such encroachment ; and WHEREAS, the Englewood Water and Sewer Board recommended approval of the "License City Ditch Crossing Agreement" and the granting of a "Temporary Construction Easement" to HCA at the March 13 , 2007 , meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: Section 1. The "License-City Ditch Crossing Agreement,• attached hereto as "Attachment 1," hereby approved by the Englewood City Council. Section 2. The "Temporary Construction Ea ement", attached hereto a "Attachment 2" is hereby approved by the Englewood City Council. Section 3. The Director of Utilitie i authorized to execute and t h e City Clerk to atte t and eal th "Li e n -City Ditch Cro ing Agreement" and the ''Temporary Con truction Ea ment" for and on behalf of th City of Engl wood , Colorado . Introduced, read in full , and passed on first reading on the 19th day of March, 2007 . Published as a Bill for an Ordinance on the 23rd day of March, 2007. Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 19th day of March, 2007. Loucrishia A. Ellis h • lJ C!ENSE -CITY DITCH CR.0Rf1IN<1 A GREEME.lIT THIS LICENSE AGREEMENT, made and entered into as of this day of -------• 2007, by and between the CITY OF ENGLEWOOD, a municipal. corporation of the State of Colorado, herein refer red to as ''City", and HCA Healthone LLC dba Swedish Medical Center herei.n refened to as "Licensee". · WITNESSETH: The City without any warranty of it's title 01· interest whatsoever, he:r eby authorizes Licensee, ita successor, assigns, to il1ata.ll a CLirb and Gutter and Asphalt/Concrete Drive over the City's rights-of-way for the City Ditch, described as a parcel of land situated in the_ SE one quarter, of the SE one quarter of Section 34 , Township 4 South Ran.go 68 West of the · .M., County of Arapahoe, State of Colorado described as follows : See attached Exhibit A. The above -described parcel contains 4873 Sq. Ft. or O • 112 Acr~ more or leas, 1. Any con,truction contemplated 01· performed undel' this License shall comply with and confonn to standards formulated by t,he Director of Utilities o£ the City and such construction shall be performed and completed accol'din~ to the plans, consisting of one sheet, a copy of which is attached hereto and made a part hereof. 2. The Lice n see s hall notify t he City's Director of Ut ilities a t i east three (3) day s pri or t o the time of commen ce ment of the constru ction of, or any repaii-i. made to, Licenaee 'e; ----- Curb and Gutter and Drive ------------------------so that the City may, in its di9Cretion, inspect such operations. 3. Within thirty (30) days from the date of the COIJlmencement of construction of said __ _ Curb and Gutter and Drive the Licensee shall complete such construction, place and maintain permanent, visible markers, of a type and at such locationsas designated by the City's Director of Utilities, refurrin~ to the centel'line of the installation and shall clear the crossing area of all co nstruction debris and restore the area to its previou$ condi tion aa near as may be re aso nable . In t he eve nt the planing of the centerline markers and the cl.oorinr and res tor ati on of the cr oa eini area ia not comploted within the time specified, the City may co mpl ete the work a t t h e ao le expense of the Licensee . ~. The City shall hnve t h e ri,ht to maintain , in stall , repari, 1·e m ove or r elocate the City Ditch or any oth r of its facilitiea or inst llation with u1 the City'a rights-of-way, at any time and in auch tn nn r a th City deems nae ary or convenic.mt . The City 1·eeervea the A t t a C h rn e n t 1 , exclusive right to control all easements and installations. In the event the Curb and Gutter and prj ye shotil.d interfere with any futuro \u10 of the City's rights-of-way by the City, the Licensee shall, upon request and at its sole expense, relocate, rearrange, or :remove its installations so as not to interfere with any such uee. 5 . Any repair or replacement of any City installation made nec.:es s ary, in the opinion of the City's Director of Utilities because of the co11struction of the Curb anct Gutter and Drive or other appurtenant installation thereof, shall be made at the sole expense of the Licensee. 6. 'l'he stipulation and oonditiona of this License shall be incorporated into contract specifications if the construction herein authorized is to be done on a contract basis. 7. The rights and privileges granted in this License shall. be subject to prior agreements, licensee and/or gi·ants, recorded or unrecorded, and it shall be the Licensee's sole responsibility to determine the existence of said documents or conflicting uses or installations. 8. The Licensee shall contact and fully cooperate with the City's pel'sonn.el and the construction shall be completed without interference with any lawful, usual or ordinary flow of water through the Cits, Ditch. Licensee shall aasmne all risks incident to the possible presence of such waters, or of storm waters, or of surface wate1·s in the City D.itch. 9 . All trenches or holes within the City's rights-of-way shall be backfilled and tamped to the original ground line in layers not to excee six (6) inches loose measure to a compaction of ninety percent (90%) Standard Proctor MaximUlll Density. 10. Licensee. by acceptance of this License, expr4esaly assumes full and strict liability for any and all damai;rea of every natui•e to person or property caused by water from the ditch leaking through the ditch banks or pipeline at the point or points where the Lic ensee performs any work in connection with the crossing provid.ed by this Licen£;e . The License e assumes all responsibility £or maintenance of the installation. 11 . Licensee shall indemnify and 8ave harmless the City, its officers and emp loy e es, a gain s t any and all cl aims. da m agtes, acction& o.r causes of action a nd e~p ense e to which it or they niay be subjected by reason of said Crn::t> and Gutter and Dr:-1 ve beint: within and across and undel' the premises of the City or by reason of any work dons or omission made by Licensee, its agents or employees, in connection with the constr~ction, replacement, maintenance or repair of es.id installation. 12. It is expressly agreed that in case of Licensee's breach 0£ any of the within promises, the City may, at its option, have gpecific performance thereof, or sue for damages resulting from such breach. 13. Upon abandonment of any rii:ht or privilogs herein cranted, the ri,ht of Licensee to that extent shall terminate, but its obligation to indemnigy and uve harmless the City, its officers and employees, shall not terminate in any event. In granting the above authorization, the City reeervea the right to make full u e of the property invulvod aa may ba neceaeary or convenient in the operation of the water works plant and ystem under the control of tho City. (_ In granting the above authorization, the City reserves the right to make full use of the property involved as may be 11ecessa1y or convenient in the opera.ti on. of the water works plant and system under control of the City. IN WITNESS WH'.EREOF this instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD Stewart H. Fonda Director of Utilities City of Englewood By:~-------------- Chainnan Englewood Watel' and Sewer Board . Center The undersigned officer of HCA Healthone LLC, dba Swedish Medical has read the foregoing License and agrees for an on behalf of said HCA Healthone LLC, dba Swedish Medical Center that it will accept and will abide by all the tenns and conditions thereof. LICE NS EE: Notary: ~'rh,~ My commissio n expires: 1 <.;J.~,1,.,,h •. 6.1:.I..' .,,r ·,..1,,-J ,.r~-...:. .1:1,, •. .,1.,nl: 1.E:E f./1, BARR ; 1.JOTMW Pl/BU<.; ·• ·r1 n :: OF 00!.0H/ CO ' .. ' • \Vj' ·.\,'""...,. ,.,·,_:-. , ... ~ .... ,...., .. ' Exhibit A Page 1 of 3 ·.j ::-'\ -~ J·R ENGINEERING EXHIBIT PROPERTY DESCRIPTION -TEMPORARY CONSTRUCTION EASEMENT A TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS A PORTION OF THE SOUTHEAST QUARTER OF SECTION 34 , TOWNSHIP 4 SOUTH , RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN ; COUNTY OF ARAPAHOE, STATE OF COLORADO ; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BASIS OF BEARINGS : THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34 , TOWNSHIP 4 SOUTH , RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN , BEING ASSUMED TO BEAR N89°59'58'W . COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 34 ; THENCE N77°32'06"W, A DISTANCE OF 690 .36 FEET TO A POINT ON THE EASTERLY BOUNDARY OF A RIGHT-OF-WAY AGREEMENT RECORDED IN BOOK 1328 AT PAGE 461 IN THE CLERK AND RECORDERS OFFICE OF ARAPAHOE COUNTY, SAID POINT ALSO BEING THE POINT OF BEGINNING ; THENCE S63°51 '25"W, A DISTANCE OF 20 .00 FEET TO THE WESTERLY BOUNDARY OF SAID RIGHT- OF-WA Y AGREEMENT ; THENCE ALONG THE WESTERLY BOUNDARY THE FOLLOWING TWO (2) COURSES : 1 . N26°08'35"W, A DISTANCE OF 20 .25 FEET ; 2 . N75°51'04"W, A DISTANCE OF 21 4.2 8 FEET ; THENCE N14°0B 'S6 "E , A DISTAN C!: 20.00 FEET T O T HE EASTERLY BO UNDARY OF SAID RIGHT-OF- WA Y AGREEMENT; THENCE ALONG THE EASTERLY BOUNDARY THE FOLLOWING TWO (2) COURSES : 1. S75 °51 '04 "E, A DISTANCE OF 223 .54 FEET ; 2 . S26"08 '35 "E , A DISTANCE OF 29 .51 FEET TO THE T RUE PO INT OF BEGINNING . CONTAINING AN AREA OF 4 ,873 SQUARE FEET OR 0.112 ACRES MORE OR LESS . PROP E RTY DESCRIP TION STATEMENT I , RICHARD L . HARVANEK, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATIACHE EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF Y KNOWLEDGE, INFORMATION AND BELIEF , ARE CORRECT . ~ I [ 111,,,1. C; ~,,,.,. ~ ....... SI'~ t ;:; ~ .. ·~l.)lHA,9j;,.~ ~C:,:4::-'t' ~ ·.r"'~ ,;;<->,u ~-o;: RICHARD L. HARVANEK, PROFESSIONAL LAND SURVEYOR llt~3r~;/~~ /) ~_! P J COLORADO No . 30099 '%,~,('. (If. /I// ~f FOR AND ON BEHALF OF JR ENGINEERING, LLC ~,'fl, Ai'· ·p.:~~ so/ 6020 GREENWOOD PLAZA BOULEVARD '11111111,,,,,11 i11111111111111'' ENGLEWOOD, COLORADO 80111 21 , 001 ""'A"' 4 •''"' EXHIBIT A SE 1/4 SEC. 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST, 6TH P.M. COUNTY OF ARAPAHOE, STATE OF COLORADO 50 25 0 50 SCALE: 1" = 50' ~ i ~---================~-_c~=== D 1 ____ ---_____ N~'S!SB"W (BASIS_OF _BEARINGS) _______ _ SOUTH LINE, SE 1/4 SE 1/4, SECTION 34, T.4S., R.68W. TE MPORARY EASEMENT CONTAINS 4 ,873 SQUARE FEET OR 0.112 ACRES MORE OR LESS LINE TABLE LINE BEARING LENGTH L1 S63'51 '25"W 20.00 L2 N26'08':55"W 20 .25 L3 N14'08'56"E 20.00 L4 S26'08'35"E 29.51 NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATIACHED DECRIPTION. TEMPORARY CONSTRUCTION EASEMENT SWEDISH MEDICAL CENTER JOB NO. 15314.00 FEBRURARY 14, 2007 SHEET 2 OF 2 ]'R ENGINEERING ._._ a, Ill Page 2 o 3 i ' iJ 0 Exhibit A Page 3 of 3 ---------------------------------------------------------------------------u :] ' Parcel name: TCE 10 iJ North: 5140.16910 East : 4307.94425 0 Line Course: N 26-08-35 W Length: 20.25 ,, L ! North: 5158 .34745 East : 4299.02182 Line Course: N 75-51-04 w Length: 214. 28 .... L..: North: 5210.72659 East 4091.24226 Line Course: N 14-08-56 E Length: 20.00 D North: 5230. 11987 East 4096 .13111 Line Course: s 75-51-04 E Length: 223.54 D North: 5175.47719 East 4312.88975 Line Course: s 26-08-35 E Length: 29.51 D North: 5148.98616 East 4325.89227 Line Course: s 63-51-25 w Length: 20.00 D North: 5140.17388 East 4307.93833 0 Perimeter: 527.58 Area: 4,876 SF 0 .112 ACO 0 Mapcheck Closure -(Uses Error Closure: 0.00761 listed courses, radii, and deltas)D Course: N 50-59-49 WO 0 [I 0 D D D Error North: 0 .004789 Precision 1: 69,327.20 D East : -0.005914 D ' TEMPORARY CONSTRUCTION EASEMENT This Temporary Construction Easement (the Temporary Easement) is entered into this_ day of , 2007 by and between the City of Englewood, Colorado, a mwiicipal corporation of the state of Colorado, acting by the through its Water and Sewer Board (Granter) and HCA Hea,lthone LLC, dba Swedish Medical Center __________________ (Grantee). WHEREAS, The City of Englewood owns a right-of-way for the City Ditch, a earner ditch (City Ditch ROW) which is located as described .on Exhibit A. WHEREAS, HCA Heal thane LLC ~d Asphalt/concrete Qrive pursuant to a license between the parties. desires to install a Curb and Gutter within the City Ditch ROW NOW , THEREFORE, In consideration of the mu tu al co venants of the parties, more particularly hereinafter set forth. the adequacy and sufficiency of which are he reby acknowledged, it is agreed as follows: 1. Temporary Construction Easement. Englewood (as Granter) hereby grants to HCA Heal thane LLC ( as Grantee), its successors, assigns, contractors, and sub-contractors, a non-exclusi ve temporary construction easement through, over, under and across the City Ditch ROW for the installation of a curb and gutter and asphalt/ c oncrete dri v e _____________________ pursuant to a li cen se agreement (the Projec t). 2. Tenn of Easement. The Project will begin no sooner than <o/0·1 and will be completed no later than \/cf\ . Completion of the Project will be deemed to have occurred upon inspection and approval of the Project by Grantor and this Temporary Easement will be deemed to have tenninated upon such completion. 3. Access. Grantee shall have the temporary non-exclusive right to enter the City Ditch ROW for any reasonable purpose necessary or prudent for the construction of the Project subject to the followina restrictions : I) normal working hours shall be consistent with COOT construction hours, Monday tbrouih Friday and 2) the operation of equipment and heavy trucks will be penn itted on the Englewood City Ditch ROW only during nonnal working hours. A t t a C h rn e n t 2 .~---------:-------------:-------:---- 4. Restoration. Upon completion of the Project, Grantee will perform such restoration and regrading as is necessary or prudent to restore the surface area of the City Ditch ROW to its original condition. 5. Indemnification. Grantee, to the extent permitted by the laws and constitution of the St.ate of Colorado, hereby agrees to be liable and hold harmless the City of Englewood, its employees, tenants, and guests from any and all claims, causes of action, and liability which may occur as a result of the negligent or wrongful acts of Grantee in the construction of the Project, ': including the cost of defending against such claims. ii: 6. Liability. Grantee hereby acla:iowledges that it understands that there is water flow in the City Ditch from April 1 to November 1 of each year and that it i wiU assume liability for any damage to adjoining property caused by water 1 flow resulting from damage to the City Ditch caused by the Grantee's · construction activities. i ,, 7. Insurance. Grantee shall maintain in full force and effect a valid policy of insurance for the Project in the amount of $600,000.00 property coverage and : $600,000.00 liability coverage. Grantee further agrees that all its employees, .r contractors and sub-contractors working on the Project shall be covered by ,, .adequate Workers Compensation insurance. ! 8. Assignment. This Temporary Construction Easement is assignable only with the written pennission of Englewood, which permission will not unre~onably withheld, cooditioned or delayed. IN WITNESS WHEREOF, the parties hereto have executed this temporary · construction Easement on the date and day firs .t written above. I ' 1 • ' I ' I i I ! i I I I I ' I ' I • ( In granting the above authorization, the City reserves the right to make full use of the property involved as may be necessary or ponvenient in the operation of the water works plant and system under control of the City; IN WITNESS WHEREOF this instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD By: ______________ _ Stewart H. Fonda Director of Utilities City of Englewood By: ______________ _ Chairman Englewood Water and Sewer Board The undersigned officer of FIA I:ffi)ttrre UC, ch fwrliro M=dicaJ a=,,ter has read the foregoing License and agrees for an on behalf of said HCA Healthone LLC, dba Swedish Medical Center that i t will accept and will abide by all the terms and conditions thereof. LICENSEE: Notary: ~~-~ My commission expires: Title: ~re.21'Je.,a,t/C E 0 Address: -Swec.U.~ tk1 eel tc';t C-e n-Jer ~Cl e . MIJ'cJe(\. ve c n5le u weicP,, Co sr,n1 2 Phone : 3a) 7 S:t Wet:)... 7 ' ' Exhibit A Page 1 of 3 ~ JR ENGINEERING ."';'!h!ttr!:• .~•. T;·',! ',' EXHIBIT PROPERTY DESCRIPTION -TEMPORARY CONSTRUCTION EASEMENT A TEMPORARY CONSTRUCTION EASEMENT OVER AND ACROSS A PORTION OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH , RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; COUNTY OF ARAPAHOE, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BASIS OF BEARINGS : THE SOUTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, BEING ASSUMED TO BEAR N89°59'5B"W. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 34; THENCE N77"32'06"W, A DISTANCE OF 690 .36 FEET TO A POINT ON THE EASTERLY BOUNDARY OF A RIGHT-OF-WAY AGREEMENT RECORDED IN BOOK 1328 AT PAGE 461 IN THE CLERK AND RECORDERS OFFICE OF ARAPAHOE COUNTY, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE S63"51'25"W, A DISTANCE OF 20 .00 FEET TO THE WESTERLY BOUNDARY OF SAID RIGHT- OF-WA Y AGREEMENT; THENCE ALONG THE WESTERLY BOUNDARY THE FOLLOWING TWO (2) COURSES : 1 . N26"08'35"W, A DISTANCE OF 20 .25 FEET ; 2 . N75"51'04"W, A DISTANCE OF 214 .28 FEET; THENCE N14"08 '56 "E , A DISTANCE 20 .00 FEET TO THE EASTERLY BOUNDARY OF SAID RIGHT-OF- WAY AGREEMENT ; THENCE ALONG THE EASTERLY BOUNDARY THE FOLLOWING TWO (2) COURSES : 1 . S75"51'04 "E , A DISTANCE OF 223 .54 FEET ; 2 . S26"08'35"E , A DISTANCE OF 29 .51 FEET TO THE TRUE POINT OF BEGINNING . CONTAINING AN AREA OF 4 ,873 SQUARE FEET OR 0.112 ACRES MORE OR LESS . PROPERTY DESCRIPTION STATEMENT I, RICHARD L. HARVANEK, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COL RADO , DO HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED E IBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE , AND ON THE BASIS OF MY NOWLEDGE, INFORMATION AND BELIEF , ARE CORRECT . RICHARD L. HARVANEK, PROFESSIONAL LAND SURVEYOR COLORADO No . 30099 FOR AND ON BEHALF OF JR ENGINEERING , LLC 6020 GREENWOOD PLAZA BOULEVARD ENGLEWOOD , CO LORADO 80111 .,, ' ,, j ~-. .., ; m ::; -0 ~ l;i < t: "' 'i: ~ t Page 2 of 3 EXHIBIT A SE 1 /4 SEC. 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST, 6TH P.M. COUNTY OF ARAPAHOE, STATE OF COLORADO 50 25 0 50 SCALE: 1" = 50' N89'59'58"W (BASIS Of BEARINGS) --so"°'°u=TH-U-NE, SET/4 SE 1/4, SECTION 34, T.4S.-;-R.6BW . TEMPORARY EASEMENT CONTAINS 4,873 SQUARE FEET OR 0 .112 ACRES MORE OR LESS LINE TABLE LINE BEARING LENGn-t L1 S63'51'25"W 20.00 L2 N26'08'35"W 20.25 L:3 N14'08 '56"E 20 .00 L4 S26'08':35"E 29 .51 NOTE: THIS EXHIBIT DOES NOT REPRESENT A MO UMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT Tl-it ATTACHED OECRIPTlON . TEMPORARY CONSTRUCTION EASEMENT SWEDISH MEDICAL CENTER JOB NO. 15314.00 FEBRURARV 14, 2007 SHEET 2 OF 2 I ! ! l 1, i 11 I' ! Ii 11 1: It I 11 ! • iJ i] Exhibit A Page 3 of 3 ---------------------------------------------------------------------------J C! Parcel name: TCE 10 G North: 5140.16910 East : 4307.94425 D Line Course: N 26-08-35 W Length: 20.25 iJ North: 5158.34745 East : 4299.02182 Line Course: N 75-51-04 w Length: 214 .28 0 North: 5210.72659 East 4091.24226 Line Course: N 14-08-56 E Length: 20.00 D North: 5230.11987 East : 4096 .13111 Line Course: S 75-51-04 E Length: 223.54 D North: 5175. 47719 East 4312.88975 Line Course: S 26-08-35 E Length: 29.51 D North: 5148.98616 East 4325.89227 Line Course: S 63-51-25 W Length: 20.00 D North: 5140 .173 88 East 4307.93833 0 0 Perimeter: 527.58 Area: 4,876 SF 0.112 ACO listed courses, radii, and deltas)O Course: N 50-59-49 .WO 0 0 0 D D D Mapcheck Closure -(Uses Error Closure: 0 .00761 Error North: 0.004789 Precision 1: 69,327.20 0 East : -0.005914 D ' COUNCIL COMMUNICATION Date: Agenda Item: Subject: March 19, 2007 11 a iii License Agreement for Swedish Hospital Curb, Gutter and Asphalt/Concrete Driveway Initiated By: Staff Source: Utilities Department Stewart H . Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance No. 10 dated March 19, 2001 -Swedish City Ditch Encroachment Permit and Grant of City Ditch Crossing License Agreement for Overhang over City Ditch. RECOMMENDED ACTION At their March 13, 2007 meeting, the Water and Sewer Board recommended Council adopt a Bill for an Ordinance approving the City Ditch License Agreement for curb, gutter and an asphalt/concrete driveway over the City Ditch at the Swedish Medical Center. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Swedish Hospital submitted a License Agreement to install curb, gutter and an asphalt/concrete driveway at 501 East Hampden Avenue in the existing drive around located on the south side of the hospital facing Hampden. Swedish Hospital will be enlarging the footprint of the existing o v erhang addition by extending it southward, while maintaining the required distance from the City Ditch . Swedish is expanding their facilities to update the environment and physical plant of their hosp ital and construct more patient-focused facilities . The existing overhang is approximately 2 1' abo ve the City Ditc h eas ement and does not interfe re wi th City Ditc h o p erat ions and re pairs . The exi sting en c roa c hm ent p erm it is fo r th e supp o rtin g column necessary for construction that requi res 16 squ ar e feet within the City Ditch righ t-of-way. The proposed curb, gutter and driveway wi ll also encroach in the City Ditch easement; therefore a license agreement is mandatory. The U tili t ies Depa rt ment is requiring t ha t the City Di tc h pipe be ideotaped before and after construction to insure that the integrity of the pipe is maintained. The Licensee expressly ass umes full and stric t liability for any and all damages of every na tu re to person or property caused by the point or poin ts where the Licensee performs any work in connection with the crossing provided by the Licensee. The City reserves the right to make full use of the property necessary in the operation of the City Di tch . The City retains all rights to operate, maintain, install, repair, remo e, or reloca t e any of its facilities located wi thin the City's righ t-of-way . FINANCIAL IMPACT None. LIST OF ATTACHMENTS Proposed Bill for Ordinance ORDINANCE NO. SERIES OF 2007 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL MEMBER ------- AN ORDINANCE VACATING A UTILITY EASEMENT WHICH WAS RETAINED IN THE VACATED ALLEY THROUGH THE PROPERTY LOCATED AT 3500 SOUTH SHERMAN STREET OCCUPIED BY THE ENGLEWOOD MASONIC LODGE NO. 166 AND RESERVED TO THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council of the City of Englewood passed Ordinance No . 33 , Series of 1969 which vacated the alley and retained a Utility Easement; and WHEREAS, in 1969 the alley was vacated because it served no useful purpose since the alley was blocked by the Masonic building that sat over the alley; and WHEREAS, the City has received an application for redevelopment of this site, the redevelopment will demolish the existing Masonic building and a minor subdivision will divide the site into two properties: one property will contain a new Masonic Lodge and the other will contain four condominium buildings with medical offices on the ground floor and residential condominium units above ; and WHEREAS , the Utility Easement retained by the City in 1969 will be obsolete with the redevelopment and no longer necessary as utilities to the two proposed properties can be accessed from adjacent streets; and WHEREAS , the Unified Development Code prohibits building any structure within an easement ; and WHEREAS abandoning all utilities makes the Utility Easement no longer necessary and the City's vacation of the Ut ility Easement is needed in order to ac complish the pro pos ed redevelopment of the site ; and WHEREAS, the p assage of this O rdinance will au thorize the vacat ion of a portio n of the Utility Easement reserved with the passage of Ordinance No . 33 , Series of 1969 ; and WHEREAS , three utility providers : Comcast, Qwest and Xcel Energy, do not have any ut ilities in the easement and each utility provider has agreed to vacate their right to use the easement and has signed such documents that will be recorded with the Arapahoe County Clerk ; and WH REAS , the Englewood Utility Department has identified an existing sanitary ewer main within the ea ement, the applicant propo es to obtain sewer service from other exi ting line and doe not intend to use the current sewer line . The applicant will remove th e , ew r main at their co t, per Englewood Utilitie Department pccification , leaving n ut ilitie with in the retained ca ement ; and -1- WHEREAS, the Englewood Water and Sewer Board, at their March 13, 2007 meeting, recommended City Council approval for the Utilities Department to vacate the existing sewer easement in the vacated alley through the property commonly known as 3500 South Sherman Street and previously occupied by the Englewood Masonic Lodge No. 166; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby vacates a portion of the Utility Easement located in the 3500 South Sherman Street, as shown on attached "Exhibit A": Lots 1 to 11 inclusive, Lots 40 to 50 inclusive and vacated alley between the Lots, Block 3, Birch's Addition to South Broadway Heights, Second Filing Introduced, read in full, and passed on first reading on the 19th day of March, 2007. Published as a Bill for an Ordinance on the 23rd day of March, 2007 . Olga Wolosyn, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of March, 2007. Loucrishia A. Ellis -2- A •>u;-m-t-c( 20 10 0 SCA .:, -. ·-f\._. N90'0'0"E. -------Y . 701. 54' \. \ • /• CORN:.'l SlCl"O\ 3. 15 ~i:3AR wni ALU\l :N.JII CAP 'N llA\Gf" iiOX . .S NO . 1208J ~ l e- I 20 - 20· •o ~ ~" z~ ji t c,j OASIS c,; BcA'I -.CS ··-.--,oo,:;·.,~:-"f 1h s;"ciiii,j ~~ ·P 0 ,z R.0.W. 12~--, ; '--~ANS?ORTATIC'I tASi"VE"I " 8 ,,; ,.. "' ~ a "' ... "' ;;. pl- a z ~ .,; "' • ;I N!IO'D'O"E 72.15• ·--;~··· E. HAMPDEN A YENl.E (IO' R.O.W.) S90-0'0"E 266.00' LOT 1 /,·I · A: ~7,117 $0 fl I 1· -, -'-. I I I I I I I -·I I ·-·-I-· I I ~--··-i16' foJ Lr.Y VACATED , (ORO. 11,0. JJ, s~~:cs or ·11HJ I 1(800~ 111J5, "ACl J ;J) I I -·, --·-,·. .. . ·---- I I I I I I r-=-·--,16' [AxMENT VACA"i!:0 · ·, -·· • :a'r stP"A11,;•nxx:uut,a1 • I . ., I I I I I -· I I I i r · I I N!IO'O'O"E I 112.10' I LOT 2 AR£/. 15,HI S."I rr I , I _f ---L . I . I I I I I I -I I I I --, I I I I •• I I I I I I S90-0'0"E 266.00·1 , ........ ;;. :A ., 0 ~ N90'D'O"E 1 1.75' ;:; " .. ~ lC 18 .; ,.. N Ii-' a j:> a z • :, i'" I. ;: cd ~ -.-.. C • lO 0 sc,..r -fL ll90'0·o"£ -----v -101 .54• \ \ . /A CORN'_., Sl.C f"O\ J . I':> ~;3AR wn, AlU\1 -N.JI,< Cf.P "N RA\GI iiOX. • S NO . 1208J ._, l • I JO "Cl = r.J' tu ~-z ~ j i ~ c,; OASIS Oi i!i':A" "ICS --,----,oii-.:;·_,~:-11.f ,;~. i{c<iii. J ~ b p 0 z: I R.0.W. 12;, I!",. '-T'IAHS?Ol!TA TIC.'1 [Axll["I" 8 ,,; ..... N ... ;., ... ,.; ;. 0 po- 0 z ~ ,.; . 1111111"0"[ 12.15· ---~"'·-~g E. HAMPDEN AVEME (80" R.O.W.) S901l'O"E 266.00' LOT 1 / .. ~. A: 57,16, SO fT I 1· -, I I I I --1 I I I I --·-1-· I I !---··-ii&' Al Lr.Y VACATED I !(ORO. P.O . JJ. S c~:CS CY "969) i ~BOC< 1835. 0 AGl J;7) I I --, ---r. ... ---. I I I ! I I I i-=----,15· EAS.:MENT VACATED · ·1 -•• .. :,fY stl'"Al!A•nxicuwt,.1 --·· I I I I -- I I I i ··1 . -· , .. I I I I N901l"O"[ : 112:10' I I , I _I ---L . I . I I I I -! LOT 2 ;. i .!'. 0 ~ AR£./. lS.1811 SO rr I I I • " "'I -, I I S901l'O"E 266.00 N90-0'0"E 111 . 75' ,,. ;. : .. 8 "' ..... N w 0 --•0 0 z ~ ,0 N Ji :j .,, i_ ii c,j NW 1/2" ABO m .______. L-r' I I - Cl I-I a Q ft r ~ '-L-/\ Iii..:' I LI I\ ll a1,o ._'fl. -· ·-I I .. uw ,I -· ~ ~ / r--/ - ~ D .~ ,;;r l: I i-Lr tJ. 1-r/l ~: = -=::::=7 0 [ IU .sa I I ~ <:l t I I ~ o: ( I -(! I ir, • ii CJ t n n .____ ..__ •• .. IU :c I() - -..__ I Legend • Sewer Manholes --Sewer Mains 1 inch equals 100 feet 1 :1,200 COUNCIL COMMUNICATION Date: Agenda Item: Subject: March 19, 2007 11 a iv Utilities Department Vacation of the Sanitary Sewer Easement at the Masonic Temple Initiated By: Staff Source: Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION At their March 13, 2007 meeting, the Englewood Water and Sewer Board recommended Council adopt a Bill for an Ordinance approving the Utilities Department vacation of an existing sanitary sewer easement in the vacated alley though the property commonly known as 3500 South Sherman Street and previously occupied by the Englewood Masonic Lodge No. 166. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED EMC Development Company is proposing to demolish the existing Masonic building and has submitted a subdivision application to divide the site into two properties. One property will contain a new Masonic Lodge and the other will contain four condominium buildings with medical offices on the ground floor and residential condominium units above. The Masonic Temple property is located in the 3500 block between Sherman and Grant Streets . To facilitate the project, the Community Development Department has requested that the Utilities Department v acate its abandoned sanitary sewer main to accommodate the planned development. The all ey w as prev io us ly vaca ted b ec au se it serv ed no useful purp ose sinc e the alle y was bloc ked by the Masonic b uildi n g tha t sat over the all ey. However, a util ity easement was re t ai ned. All o the r pertinent utili t ies have previously been vaca ted . FINANCIAL IMPACT None. LIST OF ATTACHMENTS L tt r fr o m Community Dev el o pment dated February 21 , 2007 Pr o p o d Bill for an Ordinan c e C i, T y 0 F COMMUNITY ENGLEWOOD DEVELOPMENT TO: THRU: FROM: DATE: SUBJECT: Water and Sewer Board ,V Robert Simpson, Director, Community Development (7' Tricia Langon, Senior Planne.!.-("v February 21, 2007 Utility Easement Vacation 3500 South Sherman Street The Community Development Department requests that the Water and Sewer Board consider the vacation of the utility easement retained in the vacated'alley that runs through the property commonly known as 3500 South Sherman Street and previously occupied by the Englewood Masonic Lodge No. 166. This request is being made on behalf of the property owner, EMC Dev elopment Company, LLC , who plans to rede ve lop the site. The redevelopment includes a new Masonic Lodge and four buildings with ground floor medical offices and residential condominium units above. An underground parking garage will serve all users. The subject utility ea sement is located south of East Hampden Avenue between South Sherman and South Grant Streets within the sixteen feet wide north-south alley v acated by Council through Ordinance No. 33 , Series of 1969. The alley was vacated because it served no useful purpose since it was blocked by the Masonic buildin g th at sat over the alley. The retained utility easement contains an existing Englewood Utility Department sanitary sewer main. The applicant proposes to obtain sewer service from other existing lines and does not intend to use the sewer line located in the easement. The applicant will remove the sewer main per Englewood Utilities Department specifications leaving no utilities within the easement. This request has been forward to the three externa l utility providers for the City: Comcast, Qwest and Xcel Energy. No uti liti es offered by th ese providers are locate d within the easement and each provider has furnished a letter stating they have no objection to vaca ting the easement (See attached). The Englewood Municipal Code prohibits building any structure within an easement. The vacation of the utility easement is necessary to accomplish the proposed redevelopment of the site. 1000 Englewood Parkway Englewood , Color do 80110 PHONE 303 -762-2342 FAX 303 -783-6895 www .enalewoodaov ora @omcast February 22, 2007 City of Englewood 1000 Englewood Parkway Englewood, CO 80110 RE: Case # SUB2006-000016 Comcast has no objections to vacating the 16' utility easement, based on the letter dated January 25th 2007 received by Comcast. If you have any questions on this matter I can be reached@ 303 .603 .2932. Comcast Colorado Market Construction Supervisor 10312 W. Hampden Ave Frontap ROid Solllh Lllcewood, CO 10227 303-603-2932.()fflc:c 303-603-2970.Fu scott_ le com February 13, 2007 City of Englewood Community Development Ms. Tricia Langon, Senior Planner 1000 Englewood Parkway Englewood, CO 80110 RE: Easement Vacation Case No. SUB2006-000016 PPI No. 2077-03-1-05-001 3500 S . Sherman Street, Englewood, CO Dear Ms. Langon, -2 Qwest. Spirit of Service ' Qwest Corporation has reviewed the materials you provided for the above referenced project. Qwest hereby offers no objection to the easement vacation request. If you have any questions, please call me at 303-784-0217. Sincerely, ~~fa- Charles Place Qwest Corporation Right of Way Manger 9750 E . Costilla Ave ., Englewood, CO 80112 fl Xcel Energy·· PUILIC SERVICE COMPANY February 8, 2007 City of Englewood Community Development 1000 Englewood Parkway Englewood, CO 80110 Attn: Tricia Langon Siting and Land Rights 550 15th Street, Suite 700 Denver, Colorado 80202-4256 Telephone : 303.571.n99 Facsimile : 303.571.7877 Re: Easement Vacation at 3500 South Sherman Street, #SUB2006-000016 Public Service Company of Colorado (PSCo) has no apparent conflict with the Easement Vacation at 3500 South Sherman Street. If you have any questions about this referral response, please contact me at (303) 571- 7029. Than_~1ou, /'1~a:!z~ Teresa Wilson Contract Right of Way Processor Siting and Land Rights Cc : Bill Schulz, PSCo ORDINANCE NO. SERIES OF 2007 BY AUTHORITY A BILL FOR COUNCIL BILL NO . 23 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE AUTHORIZING AN "INTERGOVERNMENTAL AGREEMENT FOR MAINTENANCE OF THE BIKE AND PEDESTRIAN TRAIL ACROSS THE CITY OF ENGLEWOOD GOLF COURSE", A "GRANT OF REVOCABLE EASEMENT''AND A "TEMPORARY CONSTRUCTION EASEMENT" BETWEEN SOUTH SUBURBAN PARK & RECREATION DISTRICT AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO THE BIKE AND PEDESTRIAN TRAIL ACROSS THE ENGLEWOOD GOLF COURSE . WHEREAS , a hike/bike trail east of the South Platte River was built in 1985 and South Suburban Park and Recreation District has maintained the trail ; and WHEREAS, the City and Miller Weingarten entered into a lease agreement for 53 acres of the Englewood Golf Course, which includes a portion of the hike/bike trail east of the South Platte River ; and WHEREAS , the City owns land fo r the construction o f an extension of the re gional B ike and Pedestrian Trail ; and WHEREA S, Sc '.I th Suburban Park and Recreation District will be constructing the Trail facilities across the Englewood Go lf Co urse property and across the South Platte Ri ver at no cost to the C ity; and WHEREAS , this constructio n easem ent will allow the South Suburban Park and Rec reat ion District acces s to the Ci ty's pro perty to construct the Bike and Pedestrian Trai l facil ities as well as formali ze exi stin g maintenance practices with South Suburban Park and Recreation Dis tri ct ; NOW, T H ERE FORE, B E IT ORDAINE D BY THE C IT Y C O UNCIL OF THE CITY O F ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby authorizes an "Intergovernmental agreement for Maintenance of the Bike and Pedestrian Trail Across the City of Englewood Golf Course", the "Grant of Revocable Easement" and the granting of a "Temporary Construction Easement" for the Bike and Pedestrian Trail across the Englewood Golf Course between th e City of Englewood and the South Suburban Park and Recreation District , attached hereto as "Attachments 1, 2 and 3". Section 2 . The Mayor is authorized to execute and the City Clerk to attest and seal the "Intergovernmental Agreement for Maintenance of the Bike and Pedestrian Trail Acros the City of Englewood Golf Course", attached hereto as "Attachment l ", and the " rant of Revoca ble Ea ement" for the Bike and Pedestrian Trail aero s the Englewood -1 - Golf Course, attached hereto as "Attachment 2", on behalf of the City of Englewood, Colorado. Section 3. The Parks and Recreation Director is hereby authorized to sign the "Temporary Construction Easement", attached hereto as "Attachment 3", on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 19th day of March, 2007. Published as a Bill for an Ordinance on the 23rd day of March, 2007. Olga Wolosyn, Mayor AITEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 16th day of March, 2007 . Loucrishia A. Ellis -2- INTERGOVERNMENTAL AGREEMENT FOR MAINTENANCE OF THE BIKE AND PEDESTRIAN TRAIL ACROSS THE CITY OF ENGLEWOOD GOLF COURSE THIS AGREEMENT, entered into this __ day of , 200 _ by and between the City of Englewood (referred to hereunder as "the City"), whose address is 1000 Englewood Parkway, Englewood, Colorado 80110 and South Suburban Park and Recreation District (referred to hereunder as "the District"), whose address is 6631 South University Boulevard, Centennial, Colorado 80121-2913. WHEREAS, there has been a joint effort by several entities including the District and the City to create a Bike and Pedestrian Trail as a part of the Mary Carter Greenway Trail along the South Platte River, which would add to and connect with the existing open space areas and trails; and WHEREAS, the City of Englewood owns the property across which the proposed Bike and Pedestrian Trail will be built, lying within the City of Sheridan, known as the Englewood Golf Course; and WHEREAS, South Suburban Park and Recreation District performs regular maintenance on other trails in the south metro area; WHEREAS, it is in the interest of both parties for the South Suburban Park and Recreation District to conduct similar regular maintenance on this new portion of the Bike and Pedestrian Trail across the Englewood Golf Course. NOW THEREFORE, for mutual consideration, the receipt of which is hereby acknowledged, the parties agree as follows : 1. The South Suburban Park and Recreation District will perform regular maintenance service on the Bike and Pedestrian Trail across the Englewood Golf Course as described in Exhibits A and B, on a routine and timely schedule . 2. Thi s regular maintenance may include but shall not be limited to mowing along the edges of the trail, maintenance of overhanging and all other vegetation within the Easement, sweeping, snow and ice removal, debris cleanup, pruning, pesticide application and graffiti removal. 3 . Maintenance shall also include repair of surface area and all other associated structures such as retaining walls, rails, fences, etc. 4 . The City of Englewood shall permit the South Suburban Park and Recreation District access to and along the trail for purposes of said maintenance. 5. This Contract may not be modified, amended or otherwise altered unless mutually agreed upon in writing by the parties. A t t a C h m e n t l 5. The District by and through its employees and agents shall be considered for all purposes of the Contract, to be independent contractors and not employees of the City. 6. The City by and through its employees and agents shall be considered for all purposes of the Contract, to be independent contractors and not employees of the District . 7. The District shall not assign or transfer its interest in the Contract without the written consent of the City of Englewood. Any unauthorized assignment or transfer shall render the Contract null, void and ofno effect as to the City. 8. The District shall be responsible for the quality and completion of the maintenance under this Agreement. 9. Either party of this Agreement may terminate the Contract by giving to the other party 30 days' notice in writing with or without good cause shown. Upon delivery of such notice by the District to the City and upon expiration of the 30 day period, the District 1ihall discontinue all services in connection with the performance of the Agreement . 10. All notices and communications under this Agreement to be mailed or delivered to the City shall be to the following address: Director of Parks and Recreation City of Englewood I 000 Englewood Parkway Englewood, Colorado 80110 All notices and communications pertaining to this Agreement shall be mailed or delivered to the District at the following address : -~~--OfJ>-aik.i----Executive Director South Suburban Park and Recreation District 6631 South University Boulevard Littleton, Colorado 80121 11. The tenns and conditions of this Agreement shall be binding upon each party, its successors and assigns. 12 . Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body, which may be party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the City or the District. 13 . Abandonment. In the event that Grantee shall abandon the rights granted to it under this Grant , all right, title and interest hereunder of the Grantee shall cease and terminate, and Grantor shall hold the Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials and structure of the Grantee o abandoned . -2- 14 . No Interested Third Parties. Grantee's maintenance obligations hereunder are for the benefit of Grantor only, and nothing herein expressed or implies is intended or shall be construed to confer or give to any person. corporation or governmental entity other than Grantor and Grantee, their successors and assigns, any right, remedy or claim hereunder by reason of Grantee's maintenance commitments herein contained. 15. Binding Effect. This Grant shall extend to and be binding upon the heirs, personal representatives, successors and assigns of the respective parties hereto. The terms, covenants, agreements and conditions in this Grant shall be construed as running with the land. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. ATIEST: City of Englewood Loucrishia A. Ellis, City Clerk Olga Wolosyn, Mayor ATIEST: South Suburban Park & Recreation District ~e~ Katherine C. Geitner, Secretary L~ .s:: 4..-a- Dennis S, Re"nolds, Chiman Pro-Tern -3- EXHIBIT A SHEET 1 OF5 EASEMENT DESCRIPTION Y~iQ ven~.r~ V~OJJl§ AN EASEMENT OVER AND ACROSS A PORTION OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN; CITY OF SHERIDAN, COUNTY OF ARAPAHOE, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A WITNESS CORNER, BEINGS 89'56'50" W, 50 .14 FEET DISTANT FROM THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 AND MONUMENTED BY A 3" BRASS CAP STAMPED "PLS 22571", WHENCE THE NORTHWEST CORNER OF SAID SECTION 4, AS MONUMENTED BY A 2-1/2" ALUMINUM CAP, STAMPED PLS 1143,4, BEARS S 89"56'50" W, A DISTANCE OF 2,605.26 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 89'56'50" E, A DISTANCE OF 50.14 FEET TO THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, S 00'13'03" W, A DISTANCE OF 464.71 FEET TO THE SOUTH LINE OF REPLAT OF A PORTION OF THE HAMPDEN BUSINESS CENTER ON THE PLATIE; THENCE ALONG SAID SOUTH LINE, S 72'57'33" W, A DISTANCE OF 472.16 FEET TO THE POINT OF BEGINNING; THENCE S 29'43'58" E, A DISTANCE OF 213.73 FEET; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20 .00 FEET, A CENTRAL ANGLE OF 196"34'41" AND AN ARC LENGTH OF 68 .62 FEET, THE CHORD OF WHICH BEARS S 08'33'22" W, A DISTANCE OF 39 .58 FEET; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 212 .00 FEET, A CENTRAL ANGLE OF 40'16'38" AND AN ARC LENGTH OF 149 .03 FEET, THE CHORD OF WHICH BEARS S 69'54'30" W, A DISTANCE OF 145.98 FEET ; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 98 .00 FEET, A CENTRAL ANGLE OF 19'51'59' AND AN ARC LENGTH OF 33 .98 FEET ; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 257 .00 FEET, A CENTRAL ANGLE OF 12'26'18" AND AN ARC LENGTH OF 55.79 FEET ; THENCE S 82'37'08" W. A DISTANCE OF 36 .35 FEET ; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 86.00 FEET, A CENTRAL ANGLE OF 16'19'23" AND AN ARC LENGTH OF 24.50 FEET ; THENCE S 68'17'45" W , A DISTANCE OF 35 .77 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 224 .00 FEET, A CENTRAL ANGLE OF 34'35'03" ANO AN ARC LENGTH OF 135 .21 FEET; THENCE N 79'07'12" W, A DISTANCE OF 37 .30 FEET ; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 60 .00 FEET , A CENTRAL ANGLE OF 37°06'13" AND AN ARC LENGTH OF 38 .85 FEET ; THENCE S 63 '46 '36" W, A DISTANCE OF 58.78 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 60 .00 FEET, A CENTRAL ANGLE OF 37°06'13" AND AN ARC LENGTH OF 38 .85 FEET; THENCE S 26'40'23" W, A DISTANCE OF 35.48 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 157 .00 FEET, A CENTRAL ANGLE OF 62'43 '07' AND AN ARC LENGTH OF 171 .86 FEET ; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 143.00 FEET , A CENTRAL ANGLE OF 35 '09 '34" AND AN ARC LENGTH OF 87 .75 FEET ; THENCE N 00'05'56" E, A DISTANCE OF 12 .41 FEET; THENCE N 36 '38'27 " E, A DISTANCE OF 10 .05 FEET; \/1 COMPANIES OF COLO RADO 2399 BLAKE STREET.1 STE . 130 1 DENVER, CO . 80205 PH : 303 -989-8588 FX : 303 -989-9932 DENVER CHICAGO PHOENIX EXHIBIT A SHEET20F5 EASEMENT DESCRIPTION ~iQ ve,rt~.~ v~r.tw,~ THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 157 .00 FEET, A CENTRAL ANGLE OF 2s•59•55• AND AN ARC LENGTH OF 79.46 FEET , THE CHORD OF WHICH BEARS N 74'53'33" E, A DISTANCE OF 78.62 FEET: THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 143.00 FEET , A CENTRAL ANGLE OF e2•43•07• AND AN ARC LENGTH OF 156.53 FEET; THENCE N 25•40•23• E, A DISTANCE OF 35 .48 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 74 .00 FEET, A CENTRAL ANGLE OF 37"06'13" ANO AN ARC LENGTH OF 47.92 FEET ; THENCE N 63"46'36" E, A DISTANCE OF 58 .78 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 74 .00 FEET, A CENTRAL ANGLE OF 37°06'13" AND AN ARC LENGTH OF 47 .92 FEET; THENCE S 79"07'12" E, A DISTANCE OF 37 .30 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 210.00 FEET , A CENTRAL ANGLE OF 34'35'03" AND AN ARC LENGTH OF 126 .76 FEET; THENCE N 66'17'45" E, A DISTANCE OF 35 .77 FEET ; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 100 .00 FEET, A CENTRAL ANGLE OF 16"19'23" AND AN ARC LENGTH OF 28.49 FEET ; THENCE N 82"37'08" E, A DISTANCE OF 36 .35 FEET ; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 243 .00 FEET , A CENTRAL ANGLE OF 12'26'18" AND AN ARC LENGTH OF 52 .75 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 112 .00 FEET , A CENTRAL ANGLE OF 19'51'59" AND AN ARC LENGTH OF 38 .83 FEET ; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 198 .00 FEET, A CENTRAL ANGLE OF 39 '25'12 " AND AN ARC LENGTH OF 136 .23 FEET ; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET , A CENTRAL ANGLE OF e1•25•53 • AND AN ARC LENGTH OF 21.44 FEET , THE CHORD OF WHICH BEARS N 00'26'55" W, A DISTANCE OF 20.43 FEET ; THENCE N 29'43'58" W, A DISTANCE OF 218 .23 FEET ; THENCE N 72 .57"33" E, A DISTANCE OF 20 .50 FEET TO THE POINT OF BEGINNING ; CONTAINING A CALCULATED AREA OF 18,569 SQUARE FEET OR 0 .426 ACRES , MORE OR LESS . ILLUSTRATION ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE . SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE A TI ACHED EASEMENT DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF . ALAN WARNER , COLO RADO PLS 28668 FOR AND ON BEHALF OF V3 COMPA NIES OF COLORADO LTD 2399 BLAKE STREET , SUITE 130 DENVER , CO . 80205 303 -989-8588 PROJECT : 003038 VJ CO MPANIES OF COLORADO 2399 BLAKE STREET., STE . 1301 DENVER. CO . 80205 PH : 303-989-8588 FX : 303-989-9932 DENVER CHICAGO PHOENIX t'!rr====================:i ILLUSTRATION FOR N :.<:,. COR., sec. 4 NW COR .. S£C. 4 EXHIBIT A NO IION~T ,JNJo Pf:":: L FOUNO 2-t/2" Al.IN. CAP SHEET 3 OF 5 CORNER FALLS IN SOUTH PLATTE: RMR LS tt4.J4 Ntl1r5''5o"l POINT OF COf,tll!NCDENT /JO. 14' WfTNESS CORNER BASIS OF BEARINGS F'OUND .J" BRASS CAP------\ + -----,1:-a'l':..,.:t'f"·2~~2r --------~"}'_ ---_ ~ - ., ., --,·- . F>Rb F,OSE D TR A~i S .,-/ Rl'v'E.R PO:~rr S:.J BD. V ..... w .-·-w .__~ :::c Cl) w w Cl) -- EAST LIN£ OF THE NORTHWEST QUAKTFR OF SECTION 4 S00-1J'O.J'W 464.71' I I I EASEMENT CONTAINS APPROX . 18 ,569 sa FT (0 .428 ACRES). Scale : 1"=100' THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED suRvEv. L _ +i00 IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION . FEET o · Denver, CO 8020S RIVERPOINT Scientists 3oJ.989 .8sss voice 200 I © Enuineers 2399 Blake s1ree1, suite 130 SOUTH SU BU RBAN TRAIL EASE MENT S 303 .980 .0032 fu NW 1/4, SEC . 4, T. 5 S., R.158 W, 6TH PM 7 77 COU NTY OF ARAPAHOE , STATE OF COLORADO UrveyorS Vl co .com t---------.--------.--------1 ORN : PM DAT : 12/13/08 JOB: 003038 CO MPANIES OF COLORADO LTD . t-;CK~D,....: -----+=s-='CAL.,.....,,E=--: 1"""•.-1,...,,00-=---+F:;B;;,;,K:.,....· ....,N/..._A .......... -----1 ILLUSTRATION FOR EXHIBIT A SHEET4 OFS PROPOSED TRA~T S -·-·-. ....__ -·-·-·-- UNPLATIED ENGLEWOOD GOLF COURSE PROPOSED TRA0T ~~ R:'v'ER PCl~4T S:J8D. ·-·---.--- PRCP0SE8 -rRA8T D Rl','EF: PO:~~T S~BD. F>O :~~T SUBD. ----- *S EE SHEET 5 FOR LINE & CURVE TABLE EASEMENT CONTAINS APPROX . 18 ,5611 SO FT (0 .426 ACRES). Tl-ilS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY . IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION . Scale : 1·=100' 0 100 ---FEET o · Denver, CO 80205 RIVERPOINT Scientists 3o3 .989 .8sa8 voice NW 1/4, SEC . 4, T. 5 S., R. 88 W, 8TH PM 200 I © Enoineers 2399 Blake street, Siiite 130 SOUTH SUBURBAN TRAIL EASEMENT S 303 .989 .9932 fu COUNTY OF ARAPAHOE , STATE Of COLORADO urveyors V3co .com ~:-:":""-=:-::-----,-::-,-::::::--:-::-=~-..,..,.=--==:-,:----ii ORN : PM OATE: 12/13,'0& JOB: 003038 OMPANIES OF COLORADO LTD. ""'c;;.aK.;:;,O~: ..a..:.:'------+'S:;.:CALE,,:..:..:::;,,..:: 1.:::"..:.• 1::,00::;,;.._-4.;,F;;;.BK:=e."-=N/:c::;A=::.:....--H CURVE C1 C2 CJ C4 C5 C6 C7 cs C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 ILLUSTRATION FOR EXHIBIT A LINE L1 L2 LJ L4 L5 L6 L7 L8 L9 L10 L11 L12 L13 SHEET50F5 LINE TABLE SOUTH SUBURBAN TRAIL EASEMENT RIVERPO INT ( EXHIBITB A 20 foot wide easement, situated in the west half of Section 4, Township 5 South, Range 68 West, Arapahoe County, Colorado, along the following described centerline: Beginning at a point on the north right-of-way line of West Oxford Avenue, 75 feet (more or less) west of the South Platte River, where said line intersects an existing bike trail know as the "Mary Carter Greenway"; thence northerly along said existing bike trail a distance of 600 feet (more or less) to a pedestrian bridge; thence easterly across said bridge to the east side of the South Platte River; thence northerly and northeasterly continuing along the aforesaid existing bike trail a distance of 2,700 feet (more or less) to the western terminus of the easement defined in Exhibit "A". Surveyor's Statement I, David L. Henderson, a registered Professional Land Surveyor in the State of Colorado, do hereby state that this Legal Description and attached Exhibit were prepared under my direct supervision and on the basis of my knowledge, infonnation, and belief, are correct. This legal description and Exhibit were prepared to depict the approximate existing location of a bike trail and does not represent a monumented land survey. No field work was performed during the preparation of this description . A new legal description, based on a field survey, is recommended and anticipated after re-construction of the Englewood Golf Course is complete . ,,,,,~· ,111 111 111 111',,,1,. -~;~ ~t-.00 R[r;I ''·'~-··' ~ ~· ~ ... ~H•v.• J';-" ~:-:' <::S··· \.. ~· •• , ... .,, ·: ;., l:.l .,~~ 4?<il.· G - i .·~ 'b\ i .:i :~--~. :z :. Era : L~ • J . ;: . ,, . . ~· ·-~:, ~'11 ••• • • ~,;:;'f. ~~' David L. Henderson, Professional Land Surveyor ''·ifAdM:Ja.tt\tu,y 12, 2007 olorado P.L.S. No . 25632 For and on behalf of the City of Englewood Public Works Department -. f · ~ p' ·~ . ' IJJ. . ; t ,r, ,T --· I- z 0 0.. cr U.J > er .... V) -~ ..._ .... ..C) -:.... ~ .... :::::; .... -..C) ~ -V) ...... V) '3 ltJ ~ --:::::; -~ 0 V) ~ ~-• !· ;,' I I ... ;.. --. "11..J• • ffl .~-r-... , '""~ ., ;• E X H I B I T 8 GRANT OF REVOCABLE EASEMENT KNOW ALL MEN BY TIIESE PRESENTS, that the City of Englewood, a Colorado municipal corporation whose place of business is 1000 Englewood Parkway, Englewood, CO 80110, (hereinafter "Grantor"), and the South Suburban Parks and Recreation District, whose address is 6631 South University Boulevard, Centennial, Colorado 80121-2913, (hereinafter "Grantee") for mutual consideration, and promises of the Grantee hereinafter specified, does hereby remise, release and quitclaim unto the Grantee, subject to the terms and conditions hereinafter set forth and pursuant to and with the protections granted by the Colorado Recreational Liability Act, C .R.S. Section 33-41-101, et seq., a revocable EASEMENT to construct, maintain., replace, and remove a multiuse, public, non-motorized recreational trail, which may include pedestrian, bicycle and equestrian use or any other recreational uses approved in writing by Grantor (hereinafter called "the Trail"), over the Grantor's property as part of the Mary Carter Greenway Trail, situated in Arapahoe County, State of Colorado, to-wit:" [The Surface only of the property legally described in Exhibits A and B, attached hereto and by this reference made a part of this Easement (hereinafter called "the Easement Area"] RESERVING, however, unto the Grantor, its successors and assigns, the right to construct, maintain, use, operate, relocate, reconstruct and renew such property as it may at any time, and from time to time, desire within the limits of the land described above, including the right and privilege to use the Easement for any and all purposes, not inconsistent with the use thereof by Grantee for the purposes set forth above. ALSO RESERVING, however, unto the Grantor, its successors and assigns, the exclusive right to use the premises including the right of ingress and egress in any such manner as does not unreasonably interfere with Grantee 's use of the Easement for said recreational trail/maintenance access. The foregoing easement is granted according to and subject to the terms and conditions of that certain Agreement dated , entitled "Intergovernmental Agreement For Maintenance of the Pedestrian/Bike Path across the City of Englewood Golf Course", between Grantor and Grantee and is made subject to and upon the following express conditions : 1. This easement is subject to existing interests in the described property to whomsoever belonging and of whatsoever nature and any and all extensions and renewals thereof, including but not limited to underground pipe line or lines, or any type of utility line or lines, if any. A t t a C h m e n t 2 2. Grantee shall bear the cost of removal, relocation or reconstruction of any and all utilities or other facilities, the removal, relocation or reconstruction of which may be necessary by reason of the use of the Easement for the pwposes set forth above. 3. Grantee on behalf of itself, its successors and assigns, covenants and agrees not to construct, without the prior written consent of Granter, any additional structures on or within the easement herein granted. 4. If the Trail or the Easement, or any part thereof, shall at any time cease to be used by said Grantee for recreational trail pwposes, or should it be converted to any other use whatsoever, or should Grantee ever charge a fee to use the Trail, or should the Grantee fail to perform any of the conditions herein expressed, then and in any such event, all the right, title, interest, benefits and enjoyment of said Grantee, in and to said premises, for any purposes whatsoever, shall immediately cease. S. Grantor does not warrant its title to the Easement nor undertake to defend the Grantee in the peaceable possession, use or enjoyment thereof; and the grant herein made is subject to all outstanding rights or interest of others, including the tenants and licensees of the Grantor. 6. Grantee must notify the Grantor and obtain its approval at least 120 days before any transfer or assignment of ownership for the Recreation Trail. As a condition of the grant made herein, it is agreed that any transfer of the rights in the recreational trail by Grantee must include the same obligations for maintenance, repair, replacement or removal provided for herein or the obligations will remain the responsibility and financial liability of Grantee. 7 . Grantee shall not use the Recreation Trail or any portion of the described premise or permit it to be used except for the usual and ordinary purposes for a non-motoriz.ed recreational trail or for maintaining the trail, fencing and drainage improvements . 2 TO HA VE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances thereunto belonging to Grantee for public use and enjoyment for the purposes aforesaid and for no other purpose whatsoever subject to the tenns and conditions hereinbefore stated herein. SOUTH SUBURBAN PARKS AND RECREATION DISTRICT CITY OF ENGLEWOOD, COLORADO By~J-~ By ______ _ Dennis s. Reynolds, Chairman Pro-Tem STATE OF COLORADO ) ) ss. ATTEST : Loucrishia A. Ellis, City Clerk COUNTYOFARAPAHOE ~ ~-, AC400 god eo.-cme · -~yo~ ,2oo2..,by ~II/$ a-'~--_ofSouthSuburban Parks and Recreati n District. ' My Commission expires : ~ I ,S:. .2£) /~ ~Pim~~R 3 EXHIBIT A V~iQ ve,rt~.ro~ VJ~OJ.ll§ SHEET 1 OF 5 EASEMENT DESCRIPTION AN EASEMENT OVER AND ACROSS A PORTION OF THE NORTHWEST QUARTER OF SECTION 4 , TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN ; CI TY OF SHERIDAN, COUNTY OF ARAPAHOE, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A WITNESS CORNER, BEINGS 89'56'50" W, 50 .14 FEET DISTANT FROM THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 AND MONUMENTED BY A 3• BRASS CAP STAMPED "PLS 22571 ", WHENCE THE NORTHWEST CORNER OF SAID SECTION 4, AS MONUMENTED BY A 2-1/2" ALUMINUM CAP, STAMPED PLS 11434, BEARS S 89'56'50" W , A DISTANCE OF 2,605.26 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 89'56'50" E, A DISTANCE OF 50 .14 FEET TO THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, S 00'13'03" W, A DISTANCE OF 464.71 FEET TO THE SOUTH LINE OF REPLAT OF A PORTION OF THE HAMPDEN BUSINESS CENTER ON THE PLATTE; THENCE ALONG SAID SOUTH LINE, S 72•57•33• W, A DISTANCE OF 472.16 FEET TO THE POINT OF BEGINNING; THENCE S 29"43 '58' E, A DISTANCE OF 213 .73 FEET; THENCE.ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20 .00 FEET, A CENTRAL ANGLE OF 196'34'41' AND-AN ARC LENGTH OF 68 .62 FEET, THE CHORD OF WHICH BEARS S 08"33'22" W, A DISTANCE OF 39 .58 FEET; . THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 212 .00 FEET, A CENTRAL ANGLE OF 40'16'38" AND AN ARC LENGTH OF 149.03 FEET, THE CHORD OF WHICH BEARS S 69'54'30" W , A DISTANCE OF 145 .98 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 98 .00 FEET, A CENTRAL ANGLE OF 19'5 1'59" AND AN ARC LENGTH OF 33.98 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO T HE RIGHT HAVING A RADIUS OF 257 .00 FEET, A CENTRAL ANGLE OF 12'26'18' AND AN ARC LENGTH OF 55 .79 FEET ; THENCE S 82'37'08' W, A DISTANCE OF 36 .35 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 86.00 FEET, A CENTRAL ANGLE OF 16'19'23" AND AN ARC LENGTH OF 24 .50 FEET; THENCE S 66'17'45' W, A DISTANCE OF 35 .77 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 224 .00 FEET, A CENTRAL ANGLE OF 34'35'03' AND AN ARC LENGTH OF 135.21 FEET; THENCE N 79'07'12" W , A DISTANCE OF 37 .30 FEET: T HENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 60 .00 FEET, A CENTRAL ANGLE OF 37 '06'13' AND AN ARC LENGTH OF 38 .85 FEET; THENCE S 63'46'36' W , A DISTANCE OF 58 .78 FEET; T HENCE ALONG THE ARC OF A TANGENT C URVE TO T HE LEFT HAVI NG A RADIU S OF 60 .00 FEET, A CEN T RAL A NGLE OF 37'06'13 " AND AN AR C LENGTH OF 38.85 FEET; T HENCE S 26'40'23" W , A DISTANC E OF 35.48 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RAD IUS OF 157.00 FEET, A CENTRAL ANGLE OF 62'43'07" AND AN ARC LENGTH OF 171 .86 FEET: THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 143.00 FEET, A CENTRAL ANGLE OF 35'09'34" AND AN ARC LENGTH OF 87 .75 FEET; THENCE N 00'05'56" E, A DISTANCE OF 12.41 FEET; THENCE N 36'36'27" E, A DISTANCE OF 10 .05 FEET; '3 COM PAN IES OF COLORADO 2399 BLAKE STREET., STE.130, DENVER, CO. 80205 PH : 303-989-8588 FX: 303-989-9932 DENVER CHICAGO PHOENIX EXHIBIT A SHEET 2 OF 5 EASEMENT DESCRIPTION \{J.~ilri ve1rtt1.~ Vwfj~IJJiiJ.la THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 157 .00 FEET , A CENTRAL ANGLE OF 28'59'55" AND AN ARC LENGTH OF 79.46 FEET, THE CHORD OF WHICH BEARS N 74°53'33" E, A DISTANCE OF 78 .62 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 143.00 FEET, A CENTRAL ANGLE OF 62°43'07" AND AN ARC LENGTH OF 156.53 FEET; THENCE N 26'40'23" E, A DISTANCE OF 35.48 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 74.00 FEET, A CENTRAL ANGLE OF 37'06'13" AND AN ARC LENGTH OF 47 .92 FEET; THENCE N 63'46'36" E, A DISTANCE OF 58 .78 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 74.00 FEET, A CENTRAL ANGLE OF 37'06'13" AND AN ARC LENGTH OF 47.92 FEET; THENCE S 79'07'12" E, A DISTANCE OF 37.30 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 210 .00 FEET, A CENTRAL ANGLE OF 34'35'03" AND AN ARC LENGTH OF 126.76 FEET; THENCE N 66'17'45" E, A DISTANCE OF 35 .77 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 16'19'23" AND AN ARC LENGTH OF 28.49 FEET; THENCE N 82'37'08" E, A DISTANCE OF 36.35 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 243 .00 FEET , A CENTRAL ANGLE OF 12'26'18' AND AN ARC LENGTH OF 52 .75 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 112 .00 FEET, A CENTRAL ANGLE OF 19'51 '59" AND AN ARC LENGTH OF 38.83 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 198 .00 FEET, A CENTRAL ANGLE OF 39'25'12" AND AN ARC LENGTH OF 136.23 FEET; THENCE ALONG THE ARC OF A NON -TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 61'25'53" AND AN ARC LENGTH OF 21.44 FEET, THE CHORD OF WHICH BEARS N 00'26'55" W, A DISTANCE OF 20 .43 FEET; THENCE N 29'43'58" W, A DISTANCE OF 218 .23 FEET; THENCE N 72'57'33" E , A DISTANCE OF 20 .50 FEET TO THE POINT OF BEGINNING ; CONTAINING A CALCULATED AREA OF 18,569 SQUARE FEET OR 0 .426 ACRES , MOR E OR LESS. ILLUSTRATION ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. SURVEYOR'S CERTIFICATE I HEREBY CERT IFY THAT T H E ATTACHED EASEMENT DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. ALAN WARNER, COLORADO PLS 28668 FOR AND ON BEHALF OF V3 COMPANIES OF C OLORADO LTD 2 399 BL AKE STREET, S U ITE 130 DENVER, CO . 80205 303-989-8588 PROJECT: 003038 VJ COMPANI ES O F C OLORADO 2399 BLAKE ST REET., STE. 1301 DENVER, CO. 80205 PH: 303-989-8588 FX: 303-989-9932 DENVER CHIC AGO PHOENIX \ ILLUSTR ATION FOR NW COR., SEC. 4 EXHIBIT SHEET 3 OF5 LS 114J4 A N 1/4 COR., SEC. 4 CALCULATED POSITION NO MONUMENT FOUND OR SET CORNER FALLS IN SOUTH PLATTE RIVER POINT OF COMMENCD.tENT WITNF:SS CORNER NBV56'so·c 50.14' I FOUNO 2-1/2" AWAI. CAP BASIS OF BE'ARINGS FOUND J " BRASS CAP---- LS 22571 -----.. ~ + -------!'-s~~~ ... :J 1 { 4 • 2~~~2~ --------------_ -'+ ., ., r ·-- . ?f~bP OSE D TRA~T 8 ,,.-/ F~l'/ER PO:~rr S:JBD . ,;t- i-w~:.- :r: en w w en C6 -- EASEMENT CONTAINS APPROX . 18,569 SQ FT (0.426 ACRES). THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION . £AST LIN£ OF TH£ N0RTHW£ST QUARTER Or S£cnoN 4 S00'13'03"W 464.71' I / ,- () I I 'SEE SHEET 5 FOR LINE & CURVE TABLE Sca le: 1"=100' 0 100 ---FEET Denvet·, CO 8020S RIVERPOlNT Scie11tists 3o3 .989 .8s8e votcc 200 I ® Engineers 2399 Blake street, suite 130 SOUTH SUBURBAN TRAIL EASEMENT S 303 .989 .9UJ2 rn NW 1,~. SEC.~. T. 5 s .. R. 68 w, 6TH PM > COUNTY OF ARAPAHOE, STATE OF COLORADO UrveyOIS V3 co.co m 1-----------------.--------u ORN : PM DATE : 12/13/06 JOB : D03038 COM PANIES OF COLORADO LTD . 1-'c=-K""'o""': --'--"-----s""'c,...AL=E;,-:"""1""'•=;..;;1.;,.;00--+F=-e'""K--: =N~,,.,"""'""'------1 ILLUSTRATION FOR EXHIBIT A -·-. -- -·-·-. - UNPLATIED ENGL EWOOD GOLF COURSE PROP OSED 7RA~~T ~~ ·-·-·-. ..--· SHEET 4 OF 5 PR OPOSED ~RA8T D R:'v'EF~ PClNT S:.JBD . PO:~rr S~BD. ---- ·sEE SHEET 5 FOR LINE & CURVE TABLE EASEMENT CONTAINS APPROX . 18 ,56 9 SQ FT (0 .426 ACRES). THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY . IT IS INTENDED 01\L Y TO DEPICT THE ATTACHED DESCRIPTION . Scale: 1"=100' 0 100 ---FEET SOUTH SUBURBAN TRAIL EASEMENT o · Denver , CO 8020S RIVERPOINT Scie11tists 303 ,989 .8588 voice NW 1/4 , SEC . 4, T. 5 s .. R. 88 W, 6TH PM 200 I @ E11rrineers 2~99BlakcStrect,Suite 130 S 303 .989 .9932 fax COUNTY OF ARAPAHOE, STATE OF COLORADO urveyors V3co .con, 1----------.------~--------1 ORN : PM DATE: 12/13/06 JOB : 003038 OMPJ\ JES OF COLORADO LTD . '"'c"'"K":'!:o'"'": ---------s'"'c""A-L-=e-: 1""'••"""'1'""0-=(]--;-:::,FB:,.,K.,..-:~N,...,/A~~---1 ( CURVE C1 C2 C3 C4 C5 C6 C7 CB C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 Engineers Scientists Surveyors ILLUSTRATION FOR EXHIBIT A SHEET 5 OF 5 LINE TABLE LINE BEARING LENGTH L1 SB2'37'0B"W 36.35' L2 S66'17'45"W 35.77' L3 N79'07' 12"W 37.30' L4 S6Y46'36"W 58.78' LS C::?6'40'23"W 35.46' L6 NOD'05'56"E 12.41' L7 N36'38'27"E 10.05' LB N26'40'23"E 35.48' L9 N6S46'36"E 56.78' L10 S79'07' 12"E 37.30' L11 N66'17'45"E 35.77' L 12 N82'37'0B"E 36 .35' L13 N72'57' 33"E 20.50' CURVE TABLE CHORD RADIUS DELTA LENGTH BEARING DISTANCE 20.00' 196'34'41" 68.6?' N0B'33'22"E 39.58' ?12.00' 40'16'36 " 149.03' N69'54'30"E 145.98' 9B,QO' 19'51'59" 33.98' SB0'06'49"W 33 .61' 257 .00' 12'26'18" 55.79' · N76'23'59"E 55 .66' 66.00' 16'19'23• 24.50' S74'27'26"W 24.42' ??Ann' 34'35'03" 135.21' NB3"35'16"E 133.17' 60.00' 37'06'13" 3B.85' S82'19'42"W 38.18' 1;n nn' 37'06'13" 38.B5' S45'13'?a"w 38.16' 157 .00' 6?'43'or 171 .R6' N5B"01 '56"F' 163.41' 143.00' 35'09'34" 87.75' S71'4B'43"W 66.38' 157.00' 26'59'55" 79.46' S74'53'33"W 76.62' 143.00' 62'43'07" 156.53' N5B'01 '56"E 148 .84' 74.00' 37'06'13" 47 .92' S45'13'29"W 47 .09' 74.00' 37"06'13" 47 .92' S82'19'42"W 47 .09' 210.00' 34'35'03" 1 ?6 76' N83'35'16"E 124.64' 100.00' 16'19'?3" 28.49' S74'27'26"W 28.39' 243.00' 12'26'1 8 " 52 .75' N76'23'59"E 52.65' 112.00' 19'51'59" 38.83' S80'06' 49"W 38 .64' 198.00' 39'25'12" , .'Ill,?~' N70'20'1J"E 133 .55' 20.00' 61'25'"i'I" 21.44' S00'26'55"E 20.43' 2399 Blake S1reet, Suile 130 Denver, CO 80205 303 .989.8588 voice 303 .989 .9932 fu V3co .com SOUTH SUBURBAN TRAIL EASEMENT RIVERPOINT ORN : PM NW 1/4 , SEC . 4, T. 5 S., R. 88 W, 6TH PM COUNTY OF ARAPAHOE, STATE OF COLORADO DATE : 12/13/06 JOB: 003038 CO MPANIES Of' COLORADO LTD . CKD : SCALE : 1"=100' FBK: N/A (_ EXHIBITB A 20 foot wide easement, situated in the west half of Section 4, Township 5 South, Range 68 West, Arapahoe County, Colorado, along the following described centerline: Beginning at a point on the north right-of-way line of West Oxford Avenue, 75 feet (more or less) west of the South Platte River, where said line intersects an existing bike trail know as the "Mary Carter Greenway"; thence northerly along said existing bike trail a distance of 600 feet (more or less) to a pedestrian bridge; thence easterly across said bridge to the east side of the South Platte River; thence northerly and northeasterly continuing along the aforesaid existing bike trail a distance of 2,700 feet (more or less) to the western terminus of the easement defined in Exhibit "A". Surveyor's Statement I, David L. Henderson, a registered Professional Land Surveyor in the State of Colorado, do hereby state that this Legal Description and attached Exhibit were prepared under my direct supervision and on the basis of my knowledge, information, and belief, are correct. This legal description and Exhibit were prepared to depict the approximate existing location of a bike trail and does not represent a monumented land survey. No field work was performed during the preparation of this description . A new legal description, based on a field survey, is recommended and anticipated after re-construction of the Englewood Golf Course is complete. .. .w ~ ~ --\j s::: ...c::, ~ I.... ~ '"" ~ z ~ 0 ...c::, ~ Q. ~ -:::s "' VJ ~ w > ~ "' -..... ·-~ \j ~ I.... VJ h TEMPORARY CONSTRUCTION EASEMENT THIS AGREEMENT is made by and between the CITY OF ENGLEWOOD, COLORADO, (hereinafter referred to as "the City"}, Grantor and SOUfH SUBURBAN PARK AND RECREATION DISTRICT, 6631 South University Blvd, Littleton, Colorado 80121. WHEREAS, the City and South Suburban Park and Recreation District wish to enter into a cooperative arrangement to allow for the construction and maintenance of the Bike and Pedestrian Trail located across the Englewood Golf Course and the South Platte River; and WHEREAS, South Suburban Park and Recreation District will be constructing the Bike and Pedestrian Trail facilities at the Englewood Golf Course and South Platte at no cost to the City and for this consideration, the Grantor will allow the use of the following described property for construction of said Bike and Pedestrian Trail facility; and WHEREAS, the Temporary Construction Easement shall be for the real property located in the County of Arapahoe, State of Colorado more particularly described on the attached Exhibits A and B; and WHEREAS, the South Suburban Park and Recreation District agrees that the construction of this Bike and Pedestrian Trail shall not interfere with the reconstruction of the Englewood Golf Course. (_ NOW, THEREFORE, it is agreed between the City and South Suburban Park and Recreation District as follows: Toe City hereby grants to South Suburban Park and Recreation District and its representative contractor a temporary construction easement upon the property described above solely for the construction of a Bike and Pedestrian Trail facility as described in the construction drawings for the Bike and Pedestrian Trail Improvements made for South Suburban Park and Recreation District and the attached Exhibits A and B, and for the regrading of the surrounding area. A t t a C h m e n t 3 - This agreement shall terminate upon completion and approval of the Bike and Pedestrian Trail facility by the South Suburban Park and Recreation District and the City of Englewood, or, by mutual agreement, at an earlier date. IN WTINESS WHEREOF, the parties hereto have set their hand and seals as of the ___ day of , 200_. STATEOF~rtt4 ) /) "Ii ,,... J 1.. ) ss. COUNTY OF /'1'{1~t:.1ft:-) GRANTOR: CITY OF ENGLEWOOD, COLORADO By~--------------~ Jerrell Black, Parks and Recreation Director ATTEST: Loucrishia A. Ellis, City Clerk GRANTEE: SOUTH SUBURBAN PARK AND RECREATION DIS1RICT Direc tor ~ SUBSC\lJBED AND SWORN to before me b~'t:,/ 4, ~ z.._ as C. ,.(.~ i)zl'.2 ?Tz?r of South Suburban Park and Recreation District. J~~~··r'-Notary: My commis ion expires : 2 ( \ EXHIBIT A SHEET 1 OF 5 EASEMENT DESCRIPTION ·~iQ V8,rffiJJi vw~OJ.ll~ AN EASEMENT OVER AND ACROSS A PORTION OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 5 SOUTH , RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN : CITY OF SHERIDAN, COUNTY OF ARAPAHOE, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT A WITNESS CORNER, BEINGS 89°56'50" W, 50 .14 FEET DISTANT FROM THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4 AND MONUMENTED BY A 3' BRASS CAP STAMPED 'PLS 22571", WHENCE THE NORTHWEST CORNER OF SAID SECTION 4, AS MONUMENTED BY A 2-1/2' ALUMINUM CAP, STAMPED PLS 11434, BEARS S 89°56'50' W, A DISTANCE OF 2,60526 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, N 89°56'50' E, A DISTANCE OF 50.14 FEET TO THE CALCULATED POSITION OF THE NORTH QUARTER CORNER OF SAID SECTION 4; THENCE ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 4, S 00°13'03' W, A DISTANCE OF 464.71 FEET TO THE SOUTH LINE OF REPLAT OF A PORTION OF THE HAMPDEN BUSINESS CENTER ON THE PLATTE; THENCE ALONG SAID SOUTH LINE, S 72"57'33' W, A DISTANCE OF 472 .16 FEET TO THE POINT OF BEGINNING; THENCE S 29°43'58' E, A DISTANCE OF 213 .73 FEET; THENCE.ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20 .00 FEET, A CENTRAL ANGLE OF 196°34'41' AND AN ARC LENGTH OF 68 .62 FEET, THE CHORD OF WHICH BEARS S 08"33'22' W , A DISTANCE OF 39 .58 FEET; . THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 212 .00 FEET, A CENTRAL ANGLE OF 40°16'38' AND AN ARC LENGTH OF 149.03 FEET, THE CHORD OF WHICH BEARS S 69"54'30" W , A DISTANCE OF 145 .98 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 98.00 FEET, A CENTRAL ANGLE OF 19°51 '59' AND AN ARC LENGTH OF 33 .98 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO T HE RIGHT HAVING A RADIUS OF 257 .00 FEET, A CENTRAL ANGLE OF 12'26'18' AND AN ARC LENGTH OF 55 .79 FEET: . THENCE S 82"37'08' W , A DISTANCE OF 36 .35 FEET; THENCE ALONG THE ARC OF ATANGENT CURVE TO THE LEFT HAVlNG A RADIUS OF 86.00 FEET, A CENTRAL ANGLE OF 16°19'23' AND AN ARC LENGTH OF 24.50 FEET; THENCE S 66'17'45" W , A DISTANCE OF 35 .77 FEET; . THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 224 .00 FEET, A CENTRAL ANGLE OF 34"35'03' AND AN ARC LENGTH OF 135.21 FEET; THENCE N 79 °07'12 ' W, A DISTANCE OF 37 .30 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 60 .00 FEET, A CENTRAL ANGLE OF 37 "06'13" AND AN ARC LENGTH OF 38 .85 FEET; THENCE S 63"46'36' W , A DISTANCE OF 58 .78 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 60 .00 FEET, A CENTRAL ANGLE OF 37"06'13' AND AN ARC LENGTH OF 38 .85 FEET; THE NCE S 26°40'23' W, A DISTANCE OF 35.48 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 157 .00 FEET, A CENTRAL ANGLE OF s2•43•or AND AN ARC LENGTH OF 171 .86 FEET; THENCE ALONG THE ARC OF A REVERSE .CURVE TO THE LEFT HAVING A RADIUS OF 143 .00 FEET, A CENTRAL ANGLE OF 35°09'34' AND AN ARC LENGTH OF 87.75 FEET; THENCE N 00•05•55• E, A DISTANCE OF 12.41 FEET; THENCE N 35•3e·2r E, A DISTANCE OF 10.05 FEET; '3 C OMPANIES OF COLORADO 2399 BLAKE STREET., STE. 130 1 DENVER, CO. 80205 PH : 303-989-8588 FX: 303-989-9932 DENVER , CHICAGO PHOENIX EXHIBIT A SHEET 20F 5 EASEMENT DESCRIPTION ¥ii.~!Q V6Jffi.~ V..fir.ct\.1!h~ THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 157.00 FEET, A CENTRAL ANGLE OF 28"59'55" AND AN ARC LENGTH OF 79.46 FEET, THE CHORD OF WHICH BEARS N 74•53•33• E, A DISTANCE OF 78.62 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 143.00 FEET, A CENTRAL ANGLE OF 62"43'07" AND AN ARC LENGTH OF 156.53 FEET; THENCE N 26"40'23" E, A DISTANCE OF 35 .48 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 74.00 FEET, A CENTRAL ANGLE OF 37"06'13" AND AN ARC LENGTH OF 47 .92 FEET; THENCE N 63"46'36" E, A DISTANCE OF 58 .78 FEET: THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 74 .00 FEET, A CENTRAL ANGLE OF 37"06'13" AND AN ARC LENGTH OF 47 .92 FEET; THENCE S 79"07'12" E, A DISTANCE OF 37 .30 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 210 .00 FEET, A CENTRAL ANGLE OF 34"35'03" AND AN ARC LENGTH OF 126 .76 FEET; THENCE N 66"17'45" E , A DISTANCE OF 35 .77 FEET; THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 100.00 FEET, A CENTRAL ANGLE OF 16"19'23" AND AN ARC LENGTH OF 28 .49 FEET; THENCE N 82"37'08" E, A DISTANCE OF 36 .35 FEET; THENCE ALONG T HE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 243.00 FEET, A CENTRAL ANGLE OF 12"26'18" AND AN ARC LENGTH OF 52 .75 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE RIGHT HAVING A RADIUS OF 112 .00 FEET, A CENTRAL ANGLE OF 19"51'59" AND AN ARC LENGTH OF 38 .83 FEET; THENCE ALONG THE ARC OF A REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 198 .00 FEET, A CENTRAL ANGLE OF 39 "2 5'1 2" AND AN ARC LENGTH OF 136 .23 FEET; THENCE ALONG THE ARC OF A NON-TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 6 1 '25'53" AND AN ARC LENGTH OF 21 .44 FEET, THE CHORD OF WHICH BEARS N 00"26'55" W, A DISTANCE OF 20 .43 FEET; THENCE N 29'43'58 " W, A DISTANCE OF 218 .23 FEET; THENCE N 72'57'33" E, A DISTANCE OF 20 .50 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 18,569 SQUARE FEET OR 0.426 ACRES, MORE OR LESS. ILLUSTRATION A TT ACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. SURV EYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE ATTACHED EASEMENT DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND IS ACCURATE TO THE BEST OF MY KNOWLEDGE AND BELIEF. ALAN WARNER, COLORADO PLS 28668 FOR AND ON B EHALF OF V3 COMPAN IES OF COLORADO LTD 2399 BLAKE STREET, SUITE 130 DENVER, CO . 80205 303-989-8588 PROJECT: 003038 V3 COMPANIES OF COLORADO 2399 BLAKE STREET., STE. 1301 DENVER, CO . 80205 PH : 303-989-8588 FX: 303-989-9932 DENVER CHICAGO PHOENIX NW COR.. S£C. 4 LS 114J4 ILLUSTRATION FOR EXHIBIT A N 1/4 COR., S£C. 4 CALCUlATUJ POStnON NO UONUM£NT FOUND OR S£T CORNER FALLS IN SOUTH PLATT£ RM:R SHEET 30F5 POINT QF COMU£NC£MENT W/TN£SS CORN~R N89''6 'SO'E 50. 14' I FOUNO 2-1/2" ALUM. CAP BASIS OF BcARIN"S FOUND J" BRASS CAP--.........__ u LS22!J71 ~ ~ + ------f:-s'l;!·,s'':,'{4 • 2~~~2~ --------------_ -~ s;t" t--w w :::c (/) w w (/) -,·- / .?R bP OS ED 7RA~T S .,., _,, Rl'v'ER PG :~rr SUBD. -- EASEMENT CONTAINS APPROX . 18,569 SQ FT (0.-426 ACRES). TH IS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY . IT IS INTENDED ONLY TO DEPICT THE AITACHED DESCRIPTION . <.AST LINE OF THc NORTHW£ST QUARTER OF SECT10N 4 S00'1J'OJ"W 464.71' I I I Scale: 1"=100' 0 100 ---FEET o · Denv er, CO 80205 RIVERPOINT Scientists 303.9119.8588 voice 200 I ® Eno-ineers 2399 a111ce street, suite 130 SOUTH SUBURBAN T RAI L EASEMENT S 303.989 .99 32 fn NW 1/.C, SEC . .C, T. 5 s., R. 6ll w, 6TH PM UIYeyors V)co .com ____ c_o_u_NTY __ oF~AR_A_P_A_H_oe_._s_T_Are_o_F~c_o_L_ORADO _____ ~, ORN : PM DATE : 12/1 3106 JOB : 003038 COMPANIES OF COLORADO LTD. 1-'Ce--K'""o"-: ~"-----i-=s""'c'--AL-E--:=1 .. "-'--100---+F'=e=K-'--: =N/=-:A==-----1 , -·-·- -·-·-. -- UNPLATIED ENGLEWOOD GOLF CO URSE ILLUSTRAT ION FOR EXHIBIT A SHEET4 OF 5 PROPOSED ·-·-·-.-- PROPO SE D -rRAS T D Rl'.'ER PC:~~i s~aD. ---- ·see SHEET 5 FOR LINE & CURVE TABLE EASEMENT CONTAINS APPROX . 18,569 SQ FT (0 .426 ACRES). THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ON LY TO DEPICT THE ATTACHED DESCRJPTION . Scale: 1·=100· 0 100 ---FEET Denver, CO 80205 RIVERPOINT Scientists 303 .989 .as a voice 303 .98 9.99 32 fax NW 1/4 , SEC . 4 , T. 5 S., R. 68 W, 6TH PM 200 I @ Engiiieers 2399Bta1ces1rce1,sui1e 130 SOUTH SUBURBAN TRAIL EASEMENT S COUNTY OF ARAPAHOE. STATE OF COLORADO UrYeyOIS V3c:o .com 1-------....------~-----------1 DRN: PM DATE: 12/13/08 JOB: D03038 COMP A JES OF COLORADO LTD . 1-'C:-"K""Dc'-: ~'----....+;S;;,CALE,:.;..==:...;.;1~•,..;.:;1'=00=--+=:FB~K:;.:.: ..:::N/,.:;;A==------4 ILLUSTRATION FOR EXHIBIT A SHEET S OF 5 LINE TABLE LINE BEARING LENGTH L1 SB2'37'0B"W 36.35' L2 S66"17'45"W 35.77' L3 N79'07'12"W 37.30' L4 S63'46'36"W 56.76' LS S26"40 '23"W 35.48' L6 N00'05'56"E 12.41' L7 N36"38'27"E 10.05' LB N26"40'23 "E 35.48' L9 N63'46'36"E 58.78' L10 S79'07' 12 "E 37.30' L11 N66" 17' 45"E 35.77' L12 N82'37'0B"E 36.35' L13 N72"57'33"E 20.50' CURVE TABLE CHORD CURVE RADIUS DELTA LENGTH BEARING DISTANCE C1 20.00' 196'34'41 " 68.6?' N08':B'22"E 39.58' C2 ,,,.oo' 40'16'3B " 1 Aa n'\' N69'54'30"E' 145.9B' CJ 98.00' 19'51 'c;.a • 33.0R' SB0'06'49"W 33.81 ' C4 ?c;.7,nn• 17'26'1B" 55.79' · N76'23'59"E 55.58' C5 86.00' 16'1 g'?'\" 24.50' S74'27'26"W 24.42' C6 ??.4 nn' 34'3~'n.'\" 1.'\o;.,21 • IJR'\"'\<;'16"E' 133.17' C7 60.nn' 3706'13" '\R,85' c:R?' 19'.L?"W 38.18' ca r:nnn' 3706'13" 'IIR,Ro;.' c;:,4c;.• 13'7g"W 38.18' C9 157.nn' 62"43'07" 171.86' N5R"01 '56"F' 163.41' C10 1.L.'llnn' 35'09'34" 87.75' S71 '48'43"W 86.38' C11 157.00' 28"59'55" 79.46' S74'53'33"W 78.62' C12 ,.._, nn• 62'43'07" 156 o;.11 • Nc;.R'O 1 '56"E' 148.84' C13 74.00' 37'06'13" 47.92' S45'13'29"W 47.09' C1 4 74 .00' 37'06'13" 47.92' S82' 19' 42"W 47.09' C15 710.00' 34'35'03" 1?A 76' N83'35'16"E 124 .84' C16 100.00' 16'19 '2 3" ?8 .49' S74'27'26"W 28.39' C17 243.00' 12'26'1 8 " 5 ?.75' N76'23'59"E 52.65' C16 112.00' 19'51 '59" 38.83' S80'06' 49"W 38.64' C19 198.00' 39'25'12" 13R,?3' N70'?0' 13 "E 133.55' C20 20.00' 61'75'53" 21 .44' snn·25'c;c;•E 20.43' © Engineers 2399BlakcStrect,Swtel3o SOUTH SUBURBAN TRAIL EASEMENT Denver, CO 80205 RIVERPOINT Scientists 303.989.8581 voice NW 1/4, SEC . 4, T. 5 s .. R 68 w. 6TH PM S 303 .989 .9932 fa, COUNTY OF ARAPAHOE, STATE OF COLORADO UIVCYOIS V)co .cotll 1-D-R_N_:_P_M-----,---DA_T.,..E_: _1--21,-13/08~:----,r-J--O __ B_: D .... 0,..,.3.,...038.,...,.-----1 COMPAN IES OF COLORADO L m. l"'c='KD-=-'":-'--""-----+~sc,:;,AL.E~,-:: ,::=:.'"" .. ,~oo=---+=F::87':K'"": N;:,;/~A--='------t 1 EXHIBITB A 20 foot wide easement, situated in the west half of Section 4 , Township 5 South, Range 68 West, Arapahoe County, Colorado, along the following described centerline: Beginning at a point on the north right-of-way line of West Oxford Avenue, 75 feet (more or less) west of the South Platte River, where said line intersects an existing bike trail know as the "Mary Carter Greenway"; thence northerly along said existing bike trail a distance of 600 feet (more or less) to a pedestrian bridge; thence easterly across said bridge to the east side of the South Platte River; thence northerly and northeasterly continuing along the aforesaid existing bike trail a distance of 2,700 feet (more or Jess) to the western terminus of the easement defined in Exhibit "A". Surveyor's Statement I, David L. Henderson, a registered Professional Land Surveyor in the State of Colorado, do hereby state that this Legal Description and attached Exhibit were prepared under my direct supervision and on the basis of my knowledge, information, and belief, are correct. This legal description and Exhibit were prepared to depict the approximate existing location of a bike trail and does not represent a monumented land survey . No field work was performed during the preparation of this description . A new legal description, based on a field survey, is recommended and anticipated after re-construction of the Englewood Golf Course is complete. David L. Henderson, Professional Land Surveyor Colorado P .L.S. No . 25632 For and on behalf of the City of Englewood Public Works Department I I I t ·':\¥·• ., -~ .. ..... ----.,ar---.. r,11 .... .. . ,•\. . :, Ii I I- ... :.,· k ·, ; 0 0.. a: .. UJ > a: ~ ~ ~ ,·--::.~t .. ~ -· . t ! ·;.• . . , .?·-+· --I!--- ..... -~ -0 :... - -0 -~ V) ~ --...... C) V) ~ -" -~ ::.-i ~ ~ -·-~ h .:, .. 0 . ,, ~ ,0 C "l ~ ffl "":.;-• r . "' I ; - I ~ ...,_ ,,. I '. :. ., .. \' COUNCIL COMMUNICATION Date: Agenda Item: Subject: March 19, 2007 11 a V Bike Path Easements and Maintenance Agreement Initiated By: Staff Source: Department of Parks and Recreation Bob Spada, Golf Operations Manager Jerrell Black, Director of Parks and Recreation COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Staff recommends that City Council adopt a Bill for an Ordinance approving a Temporary Construction Easement, a Revocable Easement and an Intergovernmental Agreement for Maintenance of the Bike and Pedestrian Trail across the City of Englewood Golf Course with South Suburban Park and Recreation District. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood and Miller Weingarten have recently entered into a lease agreement for approximately 53 acres of the Englewood Golf Course which includes a portion of the hike/bike trail east of the South Platte River (see attachment). The trail was built in 1985 and South Suburban Park and Recreation District has maintained the trail. This agreement will formalize existing maintenance practices with South Suburban Park and Recreation District. The temporary construction easement allows for a secondary crusher fines trail to be built next to the existing Mary Carter Greenway Trail. The secondary trail provides a separation between active and passi v e users of the trail sy stem . FINANCIAL IMPACT There is no financial impact to the City of En glewood. LIST OF ATTACHMENTS Proposed Bill for an Ordinance RESOLUTION NO. SERIES OF 2007 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2006 AND 2007 BUDGETS FOR TIIE GENERAL FUND, TIIE CONSERVATION TRUST FUND, THE OPEN SPACE FUND, AND THE ENGLEWOOD URBAN RENEW AL AUTHORITY. WHEREAS , the City of Englewood is required by City Charter to ensure that expenditures do not exceed legally adopted appropriations; and WHEREAS , the Englewood Urban Renewal Authority requires funding for operations for 2006 and future years; and WHEREAS, this supplemental appropriation to the 2007 Budget for the Conservation Trust Fund and Open Space Fund are required for capital projects; and WHEREAS, the 2007 City Manager's budget requires supplemental funds to cover allocated share of the salary of the Program Administrator; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section l . The Budget for the City of Englewood, Colorado, is hereby amended for the year ending 2006 , as follows : 2006 SUPPLEMENT AL APPROPRIATION GENERAL FUND SOURCE OF FUNDS: Fund Balance USE OF FUNDS: Transfer Out to Englewood Urban Renewal Authority ENGLEWOOD URBAN RENEW AL AUTHORITY SOURCE OF FUNDS: Transfer in from General Fund USE OF FUNDS: Operating Expenditures 2007 SUPPLEMENT AL APPROPRIATIONS CONSERV TION TRUST FUND OUR EOFFUND Fund Balance $50 ,000 $50,000 $50,000 $50,000 $175 ,000 Englewood Recreation Center Furniture Total USE OF FUNDS: Contingency OPEN SPACE FUND SOURCE OF FUNDS: Fund Balance USE OF FUNDS: Tennis/Basketball Court Renovations GENERAL FUND SOURCE OF FUNDS: Fund Balance USE OF FUNDS: City Manager's Office $ 10,000 $185 ,000 $185 ,000 $ 35 ,000 $ 35 ,000 $ 36 ,741 $ 36 ,741 Section 2. The City Manager and the Director of Finance and Administrative Services are hereby authorized to make the above changes to the 2006 and 2007 Budgets for the City of Englewood. ADOPTED AND APPROVED this 19th of March, 2007 . ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007. Loucrishia A. Ellis, City Clerk COUNCIL COMMUNICATION Date: Agenda Item: Subject: March 19, 2007 11 C i Supplemental Appropriation to the 2006 and 2007 Budgets for the Conservation Trust and Open Space Funds, EURA, and City Manager's Office Initiated By: Staff Source: Department of Finance and Administrative Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has not discussed this specific topic, but Council has made "A City that provides and maintains quality infrastructure" an important outcome in the 2006 and 2007 Budgets. The EURA's funding situation has been discussed on prior occasions. RECOMMENDED ACTION Staff recommends Council approve the attached Resolution for supplemental appropriation to the 2006/2007 Budgets for Conservation Trust and Open Space Fund capital projects as well as funding the EURA operations for 2006 and future years. The 2007 City Manager's budget requires supplemental funds to cover an allocated share of the salary of the Program Administrator. The EURA has no funding but has some ongoing expenditures; the largest single expenditure is for audit services which are approximately $6,000 per year. The $50,000 would allow the Authority to operate for a number of years without having to request additional funds from the City. 2006 SUPPLEMENTAL APPROPRIATION GENERAL FUND SOURCE OF FUNDS : Fund Balance USE OF FUNDS: Transfer Out to EURA ENGLEWOOD URBAN RENEWAL AUTHORITY SOURCE OF FUNDS: Transfer in from General Fund USE OF FUNDS : Operating E penditures $50,000 $50,000 $50,000 $50,000 2007 SUPPLEMENTAL APPROPRIATIONS CONSERVATION TRUST FUND SOURCE OF FUNDS: Fund Balance Englewood Recreation Center Furniture Total USE OF FUNDS: Contingency OPEN SPACE FUND SOURCE OF FUNDS: Fund Balance USE OF FUNDS: Tennis/Basketball Court Renovations GENERAL FUND SOURCE OF FUNDS: Fund Balance USE OF FUNDS: City Manager's Office FINANCIAL IMPACT $175,000 $10,000 $185,000 $185,000 $35,000 $35,000 $36,741 $36,741 This action will reduce the Conservation Trust and Open Space Funds fund balances by $175,000 and $35 ,000, respectively. The General Fund 's reserves will be reduced $86,741. LIST OF ATTACHMENTS Proposed Resolution COUNCIL COMMUNICATION Date: Agenda Item: Subject: March 19, 2007 11 C ii Mclellan Reservoir Fencing Initiated By: Staff Source: Utilities Department Stewart H . Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved fencing portions of the Mclellan Reservoir beginning in 2001. This is the last portion to be fenced. RECOMMENDED ACTION At their March 13, 2007 meeting, the Water Board recommended Council approve, by Motion, the bid for the Mclellan Reservoir Fencing. The Board recommended awarding the contract to the lowest technically acceptable bidder, Town & Country Fence, in the amount of $27,963. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Mclellan Reservoir, because it is an important Englewood water source, is closed to the public and posted. Even with such prominent posting, trespassing incidents are becoming more frequent and are expected to increase with increasing development. To deter trespassers and protect water quality, it is proposed that 1,400 lineal feet of 8-foot chain link fencing be installed. The fencing will be galvanized- finished steel, color-coated brown, to match the existing fence to aesthetically blend in with the surrounding area and existing fencing. The fence installation will in v ol ve two sections along County Line Road and one section at the bottom of the spillway, equaling 1,400 lineal feet of fence and one gate at the bottom of the spillway. These sec tions w ill complete the si x-year f encing project. FINANCIAL IMPACT A bi d op en ing was h eld o n Feb ru ary 15, 2007 and eight b ids were receive d: D es ign Sca p es Colora do So uth wes t Cons truc ti o n Suppl y Idea l Fenci n g Champio n Fence St ee lo k Fen e Town & Co u n t ry Fence Front Range Fen c e $37,272.50 $34,7 16.00 $32,9 14.55 $30,667.40 $29,778.00 $27,963.00 $25,73 4.40 The lowest bid from Front Range Fence was not considered acceptable due to failure to comply with bidding instructions. Front Range did not provide a bid bond, gave us one bid copy rather than the required three, and did not provide the required illegal alien documentation. The lowest, acceptable bidder is Town & Country Fence in the amount of $27,963 . The Utilities Department budgeted $30,000 in the 2007 Budget for this project. LIST OF ATTACHMENTS Bid Tabulation Sheet City of Englewood Bid Tabulation Sheet B i d Opening Date: February 15, 2007 10:00 a.m. ITEM BID : IFB-07-101 Mclellan Reservoir Fencing Extended Bid Add Chain Link chair link Vendor Bond YIN price per Fl (1365 ft.) -' Fence y y $ 21.20 $ 28,938.00 Adam 303-295-1915 2690 E 78th Street :=-··-, co 80229 Ideal Fencing y y $ 23.75 $ 32,418.75 iRandy 303-962-8100 5MldNIDr Ette , co 80516 neatwood Fence UC $ -$ - Oustv 303-478-2468 P08ox866 : ____ , co 80136 Town & Country Fence Co y y $ 20 .20 $ 27,573.00 Tmls 970-334-9022 104RoweAve Pierce . co 80650 . -Colorado y y $ 28.50 $ 38,172.50 --303-n1-9003 15440 E Freemont Ave re.,-._, co 80112 IF tont Range Fence N y $ 18.56 $ 25,334.40 ~ 303-803-6206 15507 E 18th Ave IAuronl . co 80010 Price per ft. barbed wire $ 8.00 $ 3.75 $ - $ 3.00 $ 10.00 $ - -A.JO /(,C..c<-,!1 £. /I t.I ~,(./ VoCv1J-1 l',<.,1T.S Extended barbed wire (55ft.) $ 440.00 $ 208.25 $ - $ 185.00 $ 550.00 $ - -R £Q v 1,'!~ 3 111_Jf..:1r 5 oF e.,o -o ,-J, v .s1?,1..1r 1 {)10 ,-.I(), ,:-,:,1:;1.1;) /J,J,(!,F,$ -.U;;) Gd> :?-o ,..;tJ ,..-...,. 4ft. Gate Total Bid Exceptions: $ 400.00 $ 29,778.00 See bid documents Take pcards $ 289.55 $ 32,914.55 See bid documents Take pcards $ -$ -NOBID $ 225.00 $ 27,983.00 Bid Bond given In the form of a check #105904 $1399.00 See bid documents Take pcards $ 550.00 $ 37,272.50 See bid documents Take pcards $ 400.00 $ 25,734.40 Price not extended Take pcards plus rae See bid documents NO BID BOND IFB-07-101Mclellan FencingTAB1 .xls Extended Extended Bid Add Chain Link chair link Price per ft. barbed wire ~endor Bond YIN Price per Ft. (1365 ft.) barbed wire (55ft.) 4ft. Gate Total Bid Exceptions: __ . ...:_.. Fence N y $ 21.78 $ 29,729.70 $ 9.14 $ 502.70 $ 435.00 $ 30,687.40 Extented error -Total Bid stated as Chad 303-467-1910 $30,621.00 5800 W 60th Ave NO BID BOND, No Pcards 6-.-. co 80003 See Bid Documents -Western Fence $ $ $ $ $ $ ------- Rick 303-<469-8261 NOBID 15283 Qulvas SL ::._. . .:....., co 80020 M & M Services $ -$ -$ -$ -$ -$ - Jim 720-&41-8511 NOBID 10050 W adswortt'I Blvd . . ecniuster, CO 80021 :_ ... _. Construction Suoolv y y $ 25.00 $ 34, 125.00 $ 1.00 $ 55.00 $ 536.00 $ 34,716.00 See Bid Documents Mb 303-595-8575 Take pcards 2827 W 91h Ave ::... ·-. co 80204 -Construction Soecialies $ $ $ $ $ $ ------ 'Tom 720-733-8895 NOBID POBox893 --ock. co 80104 Foothih Fence $ -$ -$ -$ -$ -$ - IKerrv 303-674-1010 NOBID IPOBox 139 iC«-. co 8<M33 IFB-07-101Mclellan FencinpTAB1 .xls 'U COUNCIL COMMUNICATION Date: Agenda Item: Subject: March 19, 2007 11 clii Large Water Meter Installation Initiated By: Staff Source: Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On July 18, 2005 Council approved the purchase of water meters and yokes from National Meter & Automation in the amount of $151,465 for a three year large meter replacement program. $41,165 was used in 2005 and $69,460 in 2006. Council also approved a bid from National Metering Service in the amount of $35,660 plus for valve work to install the large commercial meters . RECOMMENDED ACTION At their March 13, 2007 meeting, the Water and Sewer Board recommended Council approve, by Motion, the bid for National Metering Services, Inc. for labor and parts, per unit, to change out the remaining large meters, per the attached "Bid Proposal for Large Meter Change Out Program for 2007" in the approximate amount of $5,000 for meter valving and $23,850 for meters purchased through National Meter & Automation ($15,175 for meters and $8,675 for labor). It is the goal of the Utilities Department to complete changing out the large meters in 2007 to provi de more accurate figures for the Distribution Modeling Project, mandated by the State . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Utilities Department is in the process of updating exis t ing meters to incorporate electronic transmitter systems (ERT), which are compatible with our billing system and will make meter reading more efficient and safe. This will reduce needed manpower for meter reading and decrease on-the- job injuries . Many commercial meters in Englewood are over 15 years old and as large meters age, they become inefficient and slow down, causing a loss in revenue. AWWA standards recommend that larger meters be tested every three years and replaced every ten years. The large meter replacement program is replacing the larger meters (1-1 /2" to 6"), with the first phase completed in 2005 and the second phase in 2006. Badger meters are being used to maintain consistency with existing meters and as meters are pulled, they will be tested for accuracy and determine loss . B having National Metering Service pro ide labor for replacing these larger m ters , installation can be completed in a short amount of time and begin more accurate readings o n the larger\ ater u ers . The new meters will have test plugs that will allow periodic accuracy t ting, meeting AWWA testing sped ,cations. Den er has instituted this large meter replacem nt pro ram and ound that th majority of their initial costs \ ere reco r d th first ear. National Meter & Automation, providing the meters, is located in Centennial and is the only Badger water meter distributor in Colorado. National Metering Services, providing the meter installation portion, is located in Kearney, New Jersey and completed a job in 2005 in Broomfield. Upon checking, Broomfield provided excellent references. National Metering successfully completed the 2005 and 2006 large meter replacement programs for Englewood. FINANCIAL IMPACT For the meter portion, bids were in received in 2005 at the beginning of the metering project. National Meter & Automation has agreed to honor the 2005 prices, with a bid for the large meters and parts in the amount of $15, 1 7 5. For the installation portion, the bid is approximately $8,675 from National Metering Service, using the same prices as in their 2005 bid. Because of possible valve replacement that may be necessary once the crew is on the job, there are variables in the labor amount which does not include the valves. It is anticipated that 60 valves will need to be exchanged during the Q-3 phase. At a cost of $175 to $375 per valve, they will be replaced on a case-by-case basis. It is estimated that an additional $5,000 will be needed for meter valve installations, making the final bid approximately $28,850. This bid includes National's testing of each old meter for accuracy as they are pulled. This will be done either in the field or at National's field office. A total of $151,465 was approved for the three year program ($41,165 was used in 2005 and $69,400 was used in 2006.) Funds were budgeted for the meters and installation in the 2007 Budget. LIST OF ATTACHMENTS Proposal Tabulation Sheets Memorandum dated February 22, 2007 Item n Quanity n 1 10 2 3 3 5 4 9 5 2 6 3 7 1 8 9 10 11 12 Large Meter Chan_geout for 2007 Material n Unit Pricen Cost 1.5" Meters with Pit ERT $385.00 $3 ,850.00 1.5" Meters w ith Remote ERT $375.00 $1 ,125.00 1.5" Meters $250.00 $1 ,250 .00 2" Meters w ith Pit ERT $505.00 $4 ,545 .00 2" Meters with Remote ERT $495.00 $990.00 3" Meters with Pit ERT $930.00 $2,790.00 Compound Remote ERT $625.00 $625.00 $15 ,175 .00 Va lving If Req ui red At Time Of Installation Material Curbstop 1.5" Curbstop 2" Curbstop 3" Curbstop 4" Additional Labor Per Ho ur As Needed To Install Meter Labor Unit Price n Cost n Total Cost $175.00 $1,750 .00 $5,600 .00 $265.00 $795 .00 $1,920.00 $265 .00 $1 ,325 .00 $2 ,575 .00 $175.00 $1,575.00 $6 ,120.00 $265.00 $530 .00 $1 ,520 .00 $900.00 $2,700.00 $5,490.00 $0.00 $0 .00 $625.00 $8,675.00. 4 •• -· Labor Unit Price $175 .00 $225 .00 $375 .00 $375 .00 $75 .00 !Estimated Total Labor I_ !Total Material/Labor !I $28,850.001 National Meter & Automation, Inc. 9800 E Easter Ave, Suite 130 Centennial, CO 80112 Phone: (303)-339-9100 Fax: (303) 649-1017 To: City of Englewood Mr. Randy Pierce -Field Services Coordinator Dear Mr. Pierce: February 22, 2007 This letter will serve to confirm that National Meter & Automation will hold firm the pricing offered to the City of Englewood in calendar year 2006 thru December 31, 2007. This pricing is offered for Badger Meter's for Large Diameter meters, sizes 3" -6" both with and without Itron ER T's. Thank you for your consideration in this matter. Frank Milliron Vice-President National Meter & Automation, Inc ' ---I~ _..c-J '--------- National Meter & Automation, Inc. 9800 E Easter Ave, Suite 130 Centennial, CO 80112 Phone: (303) 339-9100 Fax: (303) 649-1017 City of Englewood Water Department Attn: Randy Pierce Dear Randy: Per your request please find the following pricing. 11/2" Model 120 Meter Body Only: $250.00 ea Model 120 RTR & Pit ERT: $135.00 ea Model 120 RTR & Remote ERT: $125.00 ea 2" Model 170 Meter Body Only: $370.00 ea Model 170 RTR & Pit ERT: $135.00 ea Model 170 RTR & Remote ERT: $125.00 ea 3" Turbo 450 Meter Body Only: $775.00 ea 3" Turbo RTR & Pit ERT: $155.00 ea (.1" Turbo RTR & Remote ERT: $140.00 ea 4" Turbo I 000 Meter Body Only: $1,595.00 ea 4" Turbo RTR & Pit ERT: $155.00 ea 4" Turbo RTR & Remote ERT: $140.00 ea 6" Turbo 2000 Meter Body Only: $3,025.00 6" Turbo RTR & Remote ERT: $140.00 ea Thank you for your interest. Noel Frakes President National Meter & Automation, Inc. - February 22, 2007 BID PROPOSAL FOR LARGE METER UPGRADE PROGRAM National Metering Services, Inc . Box 491, 163 Schuyler Avenue Kearny, New Jersey 07032 2007 Please price on a per meter installation basis (including labor), keep in mind that all appropriate plumbing between the inlet and outlet vales must be replaced. Englewood Utilities provides only the vales, meter, nuts, bolts and gaskets . Meter installation Item Description Price per Unit I. 1-1 /2" Meter with pit erts $ 175 .00 2. 1-1/2' Meter with remote erts $ 265 .00 3. 2 " Meter with pit erts $ 175.00 4. 2 " Meter with remote erts $ 265.00 5. 3 " Meter with pit erts $ 900.00 6 . 3" Meter with remote erts $900.00 7. 4 " Meter with pit erts $1200.00 8. 4 " Meter with remote erts $1200.00 9. Property Line Valve/Curb Stop for 1 1/2" $ 175.00 10 . Property Line Valve/Curb Stop for 2" $ 225.00 11. Property Line Valve/Curb Stop for 3" $ 375.00 12 . Property Li n e Valve/Curb Stop for 4" $ 375.00 13 . Additional plumbing work or alterations required per mechanic. $ 75.00 hr.