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Home My WebLink About2007-08-20 (Regular) Meeting Agenda PacketAGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL Monday, August 20 2007 7:30 p.m. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 1. Call to order. 1 : 3Dp rx_ 11 /I ., L ,i •• -f-, ,~ {} ) 2. Invocation. t::.)11./ u~l.,)(..../ 3. Pledge of Allegiance. 'f)J~o.:Y-rX---' 4. Roll Call. a.__j}_ 7 ~ 5. Consideration of Minutes of Previous Session . ~ a. Minutes from the , egular City Council meeting of August 6, 2007. ~ 6. Recognition of Scheduled Public Comment. (P lease limit your presentation to ten minutes .) -B- 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.) , _1 • Ma..ri '" Vl Me i5fev ~nt.-u'ltr\..+ ~Orn.t:µ.11.,, 8f'7Ui Mt, ~-r <:.r e ml r1 e,n.,t-ctom.tU I\.., 8. Communications, Proclamations, and Appointments. Letter from Jon Cook announcing his resignation from the South Broadway Englewood Business Improvement District. WCXJCLUJ~ ).-a. ~D !"I .(\ fl 11Jf'f't.tA--b. ~p~-i -O Proclamation declaring September as National Alcohol and Drug Addiction Recovery month . ~ v<J_ c. Resolution appointing Brian Hart to the South Broadway Englewood Business ~ 1 _ 0 Improvement District. ~ ~~Z\ Englewood City Council Agenda August 20, 2007 Page 2 9. Consent Agenda Items. a . b. Approval of Or~es on First Reading. Approval of Ordinances on Second Reading. Council Bill No. 46, approving an Intergovernmental Agreement between the Board of Commissioners of Arapahoe County and the City of Englewood to ~/ conduct a coordinated election on November 6, 2007. --1,,{) ood,))}MtA . c. Resolutions and Motions. --& 10. Public Hearing Items. (No Public Hearing Scheduled.) '& 11 . Ordinances, Resoluti o ns and Motions. a. Approval of Ordinances on First Reading . Council Bill No. 45 -Recommendation from Safety Services , Division of Buildin g and Safety, to approve a Bill for an Ordinance adopting the International Property Maintenance Code 2006 to establish clear and specific property mainten ance requirements with required property improvement_provisiOl)S . STAFF SOURCE: Lance Smith, Chief Building Official. \NOQ[µW{l.Ya ii. Council Bill No. 48 -Recommendation from the Water and Sewer Board and the Utilities Departm ent to adopt a Bill for an Ordinance approving the Grant of an Easement for the Zuni Water Tank and a Quit Claim D eed for 2890 sr~tl_:i ~uni. ~ Street. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. \.JOYKtU),..,J,L,1 iii . Council Bill N o. 49 -Recomm endation from the W ater and Sew er Board and the Utilities Departm ent to ad o pt a Bill for an Ordin ance approving a License -City Ditc h Cros si n g A greeme nt fo r 30 66 South Sh erm an Street. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ())c;od-U) OJuJ...- b . Approval of Ordinances on Seco nd Read in g. Counci l Bill No. 44, au th orizing a Pu rc hase Ag reeme nt and Lt-'ase Back to Ko c h La nd scaping for th e So uth Pl att e Ri ve r O xbow p roperty in Eng l ~wood ancJ 1, r ,A . J Li tlll:'ton for open space, recrea ti on, wi ldlife hab itat, an d wa t r quality us es. V\1 (1)() WflVO Co unci l Bill N o. 47, submi tting t o a vo te of th e regis tered elec tors of th e City of Eng lewood a Char ter Initia tive on th e N ovember 6, 2007 ba ll o t to amend Article XV of the City of Englewoo d H o m e Rul e_ Charter by changing Sec tio n 13 7 :5 and by, dding Sec t ion 13 7:9. {))oodA}.)CV,...0.....- ., Englewood City Council Agenda August 20, 2007 Page 3 c. Resolutions and Motions. ii. Recommendation from the Water and Sewer Board and the Utilities Department to adopt a Resolution authorizing the Transfer of Water Service at 2270 and 2275 West Chenango Avenue to Denver Water. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. Jo~ Recommendation from the Parks and Recreation Department to approve a Resolution supporting the City's grant application to Great Outdoors Colorado for Duncan Park acquisition funding. STAFF SOURCE: Jerrell Black, Director pf.,,,, .. j Parks and Recreation and Gary Hultberg, Recreation Manager. l()OO{U.A)tvl.V-' Recommendation from the Department of Public Works to adopt a Resolution indicating the City of Englewood's intent to acquire easements of real property along Big Dry Creek Trail from Lehow to Broadway using the City's power of eminent domain for the purpose of providing a multi-use recr,~.,a!i3nal trail. STAFF SOURCE: Rick Kahm, Director of Public Works . {)J()OcluJwlvl-~ c~-rt""t ~yeD TJ,-;~k uQuoiLC.0"1Tf.DL J:l'JC.. ~ ~L,U"TlO"I "TO "-,c,P 12. General Discussion. Pt.DIV\ CQN51D~10,.J.( I -~ a~.rreYr11~;> t>E,fe~e!). f-((, t.°'-'/C -~ ~) a. M ay or's Choi c e. b. Council Members ' Choice . 13 . City Manager's Report. 14. City Attorney's Report. 15. Adjo u rnment. Pl not : If you ha e ( 03-762 -2407) PLEASE PRINT NAME PUBLIC COMMENT ROSTER AGENDA ITEM 7 UNSCHEDULED VISITORS DATE:August20,2007 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES ADDRESS '--' /±/<.. fbr1_ Cb 3D I ;Jo &J 't ff .5. 4 c{ //'+Jo 111«-U-J TOPIC 1. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session August 6, 2007 The regular meeting of the Englewood City Council was called to order by Mayor Wolosyn at 7:34 p.m. 2. Invocation The invocation was given by Council Member Barrentine . 3 . Pledge of Allegiance The Pledge of Allegiance was led by Mayor Wolosyn . 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 Gryglewicz, Finance and Administrative Services Manager Stitt, Community Development Senior Planner Graham , Community Development Director Fonda , Utilities Manager Stowe , Wastewater Treatment Plant Business Services Administrator Goodburn, Wastewater Treatment Plant 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 JULY 16, 2007. Mayor Wolosyn asked if there were any comments . There were none . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccasl in , Moore , Wolosyn , Woodward , Tomasso, Oakley Nays : None Englewood City Council AugustS,2007 Page 2 6 . Recognition of Scheduled Public Comment (a) Jo Ellen Davidson, Executive Director of the Community Housing Development Association, Inc ., said thank you Mayor and Council members. I am here in my capacity as the Executive Director of the Community Housing Development Association . My purpose is two-fold this evening . One is to inform you of our proposed plans to acquire an existing Englewood apartment property . As the Community Housing Development Association , we would propose to own this building after we renovate it and make this property available as affordable housing for low income and special needs residents in Englewood . And that leads me to my second purpose, in order to facilitate the affordability of this property , we use a variety of public and private resources to do that. In order to access those funds, we need to demonstrate the support of local leadership for our application for those funds . I have provided you with a packet of materials regarding the property but I didn 't want to go into too much detail on that , but I did want to offer some clarification . She asked did you get packages of information that I provided through the City Manager's office? The Council members acknowledged that they did . She said okay, so, before I start there, I wanted to just tell you why we are very excited about this property . This is property that is located ... it is the Presidential Arms Apartments at the northwest corner of South Washington Street and US 285 in Englewood . It is about a block south of Swedi sh Hospital. It is a terrific property . It is a sound property. It's been under the same ownership since it was constructed in 1963 by Dr . David Kramish . He passed away last fall and his family Trust is now selling the property . We have a very strong interest in the property partly because of its continuity of ownership and management. This is a terrific property from a resident's standpoint , we believe . I have been in the units . They are large units and very functional. .. even the studios and the one bedrooms, functional bathrooms, and functional kitchen areas . There are a number of two bedroom units in this building, which is somewhat unique in the Englewood rental housing market, so we are interested in those . A number of these units have outside balconies , so it is almost like another room on those apartments . The building has been maintained but right now it is primed for updating . We would propose to go into this property and bring substantial investment into the property and update and renew all of the major systems ; put a new elevator in the build ing , put a new bo iler in the building , replace all the aluminum windows . We would look at the unit function and aesthetics , new ap pliances , new plumb ing fixtures, upgrading the lighting, etc . There is an in -ground pool in the building right now that needs some minor repairs . What we would like to do, is to see if it makes sense feasibly to go in and to fill in that pool , and create a nice community green space for the residents that can offer them a more year- round community space outside , and then we would do a variety of different updating and improvements to the property ... including probably looking at a number of the units for some accessibility , not only for the seniors but for other special needs residents . You know this , Englewood is a terrific community. This property is ideal for th is type of red evelopm ent for our residents because of its location , proximal to employment , transportation ... all of the terrific redevelopment that you have done here in the City , the services as well as th e sc hool s and the recreation . So we are ve ry in terested in the property from the standpoint that it becomes a very good place for our reside nts to live . When we use public resources, we are very mindful of the fact that we want to add value to the community , so we believe that we would do that. We have significantly improved this property . At the same time , we use a professional management company so we will own the property over the long term, and we will use our professional management company that has specialized expertise in working with this type of property . This particular property is somewhat unique because it is located in what HUD has classified as a qualified census track . In effect, what that enables us to do is to bring additional resources to the property . Not only to increase the amount of improvements that we make , but to reduce the amount of debt that the property has to carry , which allows us to maintain affordable rents, while at the same time maintaining the building . In looking at the existing rent row , the other attractiveness of this building to us is the fact that we believe that we will be able to preserve as many of the existing residents that want to stay . Many of them are long term residents , so , we believe that these folks will income qualify to stay on the property . So where we 're at , because I have so much to tell you , tell me how much time I have or throw me out. I'm sure you will when you 're rea dy . Mayor Wolosyn said you have about 3 more minutes, and I will say this right going in, we don 't engage in d1scuss1on at this point but I'm sure this is something that will co me back at the end of the meeting under Council Choice . Ms Davidson 1d where we are at right now is that we have reviewed this project a couple of times with the Englewood Hou ,ng Authority . I thought that their input to us was very helpful. We were abl to respond to Englewood City Council August 6, 2007 Page3 some of thei r primary concerns and received a support letter from the Englewood Housing Authority . Their concern was that we not populate this area ... concentrate in this area ... a high level of low income and special needs residents . In response to that, we did change our targeting, which still will qualify us for the various funding sources for the property. So now, we have 43% of the units that are at the top of the earning potential at 60% of AMI for our targeted funding . We've got 30% of our units for 50% AMI and 20% of our units are for 30% AMI residents , so we were able to respond to that. Our goal is to keep the doors open for folks that are earning a good living wage in this community as wel l. Just so that you know, HUD defines low income as households earning 80% or less of Area Median Income , which in Arapahoe County is $51 ,600.00 per year, just to give you some sense of that. Where we are at right now is that we are looking for a support letter from the City. We have funding applications pending with Arapahoe County, the State, and Colorado Housing Finance Authority. All of those applications require your support before we can move forward. We would like to get our funding approval in place by October. We would close the transaction by the end of the year , start construction in 2008 and hopefully be done with construction by the end of 2008 or early in 2009. I will stay for questions that Council m ight have, and thank you again very much for the opportunity. Mayor Wolosyn said thank you. 7 . Recognition of Unscheduled Public Comment There were no unscheduled visitors. 8 . Communications, Proclamations and Appointments (a) A letter from Patrick R ingenberger announcing his res ignation from Keep Englewood Beautiful was considered . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO ACCEPT THE RESIGNATION OF PATRICK RINGENBERGER FROM KEEP ENGLEWOOD BEAUTIFUL. Vote results: Motion carried . Ayes : Council Members Barrenti ne , Mccaslin , Moore , Wolosyn , Woodward , Tomasso, Oakley Nays: None 9 . Consent Agenda COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED , TO APPROVE CONSENT AGENDA ITE MS 9 (a) (i) AND 9 (b ) (I) and (ii). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO. 46, INTRODUCED BY COUNCIL MEMBER WOODWARD A BILL FOR AN ORDINANCE APPROVI NG AN INTERGOVERNMENTAL AGREEMENT BElWEEN THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY , COLORADO , BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER , AND THE CITY OF ENGLEWOOD, COLORADO , TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 6 , 2007. (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 42 , SERIES OF 2007 (C OUNCIL BILL NO. 41 , INTRODUCED BY COU NCI L M E MBER BARRENTINE) Englewood City Council August 6, 2007 Page 4 AN ORDINANCE AUTHORIZING THE "CONTRACT FOR DEED" FOR THE PURCHASE OF DUNCAN PARK LOCATED AT 4846 SOUTH PENNSYLVANIA STREET BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND ARAPAHOE COUNTY SCHOOL DISTRICT NO. 1. (ii) ORDINANCE NO . 43, SERIES OF 2007 (COUNCIL BILL NO . 43, INTRODUCED BY COUNCIL MEMBER WOODWARD) AN ORDINANCE APPROVING SUPPLEMENT NO . 162 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES . Vote results: Motion carried . Ayes : Council Members Barrentine, Mccaslin, Moore, Wolosyn, Woodward, Tomasso, Oakley Nays : None (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 11 (c).) 10. Public Hearing Items No public hearing was scheduled before Council. 11 . Ordinances, Resolution and Motions (a) Approval of Ordinances on First Reading (i) Senior Planner Graham presented a recommendation from the Community Development Department to approve a Bill for an Ordinance authorizing a Purchase Agreement and Lease Back to Koch Landscaping for the South Platte River Oxbow property in Englewood and Littleton for open space, recreati on , w ildlife habitat , and water quality uses. He said Hillary Merritt from Trust for Public Lands is here with me today . As it was stated , we are asking Council for two authorities ... the authority to purchase Oxbow and the authority to lease this property back to Mr. Koch. Ron Koch owns the property and it would be Koch Landscaping that would lease the property back from us . In various ways this , this item has been before the Council five times ; before with the approval of Council for the Share Back money , with approval for the Grant money from the initial grant, with request for transferring money from other Open Space projects , and so forth , and so Council is familiar with it. But just for the record , we are looking at a parcel of land located adjacent to the South Platte River in the southern portion of the City. The parcel is known as the Oxbow because it contains a historic loop of the river that was the main channel prior to channelization by the Army Corp . This property has some unique habitat on it and prov ides wetland and open space and will be an asset to the rive r and the tra il system . We have had generous support from partners including Arapahoe County, South Su burban , and the City of Littleton in pulling together the resources necessary to fund the acquisition of th is project. We have gotten numerous approvals along the way to get the funding as well. The financial impact of this particular action of this property is $730 ,000 .00 . The City of Englewood has put up $62 ,500 .00 , match in g n Arapahoe County grant of $250 ,000 .00 . Englewood allocated $125 ,000 .00 additional monies . The City of Littleton con tributed $109 ,500 .00 and South Suburban contributed $47 ,000 .00 , for the Littleton portion of the property . The final commitment was by Arapahoe County Open Space. It really came out of the cooperation , we h ve had in the South Platte Work ing Group and they stepped up and wanted to make this transaction h ppen , as kind of the example of ci t ies cooperating on projects in the South Platte River Basin . W ith th at , I would sk for Cou ncil action approving the lease and the purchase of the Oxbow property M yor Wolo yn sked if there were any questions or discussion ounc1I M m r Barr ntin 1d I do h ve qu st1on Just on th comm nt. nd th n , I h v to bri ng this up , r rdm Lilli ton ' p rt1c1pation in th1 l1ttl ton ' p rt1c1p hon in th1 w uppo to t n mer s d I vel Englewood City Council August 6, 2007 Page 5 because of the consideration we gave them in giving our property, which was going to be a revenue sharing endeavor, and they turned it into just us giving them a parking lot and they agreed to help us do the Oxbow Project. A parking lot, apparently, that they didn't need as much since they have stolen another Englewood business and apparently they have enough parking lots to put the Discount Tire in that will be leaving Broadway. Their share on this is only the proportionate share of actual property that they have in Littleton and I think it was rather disingenuous and that their portion should have been a lot more. It was not in an attempt for them just to show cooperation. They got property from us and a retail revenue producing entity that they wouldn't have been able to have had we not given them that property. So, I am still pretty dismayed at the way that whole thing worked out. I wanted to make that comment again Mayor Wolosyn asked if there were any other comments. Council Member Woodward said I just want to comment from the South Platte Working Group as the representative from Council there. All the cities were working together, trying to see the bigger picture here . I disagree with the former comments. I think the agreement was that Littleton would participate in the purchase of the Oxbow without saying 50% or whatever. They have a very small port ion of the Oxbow property, when you look at the total Oxbow and see what is Littleton and see what is Englewood . Their contribution , including their Parks and Rec District, which would be only fair to add into it, is $156,500.00 compared to ours of $187 ,500 .00 . Where actually, $62,500.00 is coming from General Fund , and the rest is grant money that is coming from Open Space and Share Back money and Arapahoe County. So, I am really pleased that we were able to , and Staff and Trust for Public Lands , specifically Hillary, was able to put all this together. This is a pretty complicated transaction , as we have kind of found out, and I would like to move it forward . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 44. COUNCIL BILL NO . 44 , SERIES OF 2007 A BILL FOR AN ORDINANCE AUTHORIZING THE PURCHASE AND SUBSEQUENT LEASE OF PROPERTY WITHIN THE CITY OF ENGLEWOOD KNOWN AS THE SOUTH PLATTE RIVER OXBOW HABIT AT/WETLANDS . Mayor Wolosyn sa id before I call fo r the vote , I th ink we ought to than k all t he partners ... i n particula r Arapahoe County fo r stepp ing in w ith that extra money that really wasn 't on a nybody 's balan ce sheet and helping us fill th e ga p. I re mem be r when Susan showed that 3 mill ion at the meeti ng and w ho kn e w that we would be the first ones to be nefit. So, t ha nks fo r fa c il itati ng that aspect. Mayor Wolosyn asked if there were any further comments. There were none. Vote results: Motion carried . Ayes : Council Members Mccaslin , Moore, Wolosyn , Woodward , Tomasso, Oakley Nays: Council Member Barrentine (ii) City Clerk Ellis and City Attorney Brotzman presented a recommendation from the City Clerk 's Office and the C ity Attorney's Office to adopt a Bill for an Ordinance placing this issue on the November 6 , 2007 ballot. City Attorney Brotzman said this is a Charter initiative and the Clerk has certified that there are enough signatures , so the issue needs to be placed on the ballot. Mayor Wolosyn asked if there were any comments. Council Member Tomasso said I am curious about the first line that says : "The City governm nt should not u taxpay r's resourc s to duplicat s rvices that could be provld d by the privat sector." He asked what does that m n? -- Englewood City Council August 6, 2007 Page 6 • City Attorney Brotzman said and that is not our place to interpret that. Council Member Tomasso said just curious . Mayor Wolosyn said so given that, do we have a motion? They have the signatures. Council Member Woodward said I just want to make one comment , and I will make the motion, but my comment is, as it was two weeks ago , that the company that did this without having any opinion about what they were doing and what was on the petition , Kennedy Enterprises , they do have individuals or an individual that misrepresented himself to me personally and to others , and that is alarming . COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii)-COUNCIL BILL NO. 47. COUNCIL BILL NO . 47, SERIES OF 2007 A BILL FOR AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE XV, ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT -1981, SECTION 137:5 "Subjects for collective bargaining" AND THE ADDITION OF A NEW SECTION 137 :9 "Deductions allowable from payroll compensation" OF THE ENGLEWOOD HOME RULE CHARTER. Mayor Wolosyn asked if there was any comment. There was none . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None (b) Approval of Ordinances on Second Reading There were no addit ional Ord inances submitted for approval on Second Reading . (See Agenda Item 9 (b).) (c) Re solutions and Motions (i) Director Gryglewicz presented a recommendation from the Finance and Admin istrat ive Services Department to approve a reso lution aut hori zing a Supplemental Approp ri at ion of $350 ,000 to the 2007 Budget in the Public Improvement Fund for expenditures incurred to enhance and im prove the City 's Golf Course . He said this is a supplemental appropriation of $350 ,000 .00 from the PIF proceeds from the Golf Course lease that was received by the City previously . The use of these funds is for a pump house for $150 ,000 .00 , a fence $50 ,000 .00 , Contingency $100,000 .00 and tree planting for $50 ,000 .00, which will leave $3 ,536 ,000 .00 remaining of the funds from the lease . Mayor Wolosyn asked if there were any questions . Mayor Wolosyn said could you comment on the ... are we alloca ting the Contingency or how does that go? I'm not used to that. Director Gryglewicz said at this point in time , the Contingency money is there in case that ... I'm not sure which hole . but they may expand that but it 1s not going to be known until a later date . And if that hole is actually xpanded , staff will come back and inform Council of those plans and those expenditures . Mayor Wolosyn said okay , so we will know whenever that money is .. Mr. Woodward said it was stated in a Study S ss1on Ms Wolosyn said y s , right , I remember but I just wanted to ay it here. I I I . . I I I I I I I i I Englewood City Council August 6, 2007 Page7 COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 79, SERIES OF 2007. RESOLUTION NO . 79 , SERIES OF 2007 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2007 BUDGET IN THE PUBLIC IMPROVEMENT FUND FOR EXPENDITURES INCURRED TO ENHANCE AND IMPROVE THE CITY'S GOLF COURSE. Council Member Barrentine said Frank, I do have a question about that. You have here under the Financial Impact, the 4 million and then the $700,000 .00 ... Mr. Gryglewicz said ·1es. She said but that $700 ,000 .00 isn't being included in what remains? Director Gryglewicz said the $700,000.00 was a supplemental to the deal to do additional work, so the two amounts came in at the same time, so I listed both of them . But the remaining amount of money after this supplemental, if Council does approve it, is $3,536,000 .00 . Council Member Barrentine said the $250,000 .00 we paid for that and this $350,000.00 ... so where is the $700,000.00 again? Director Gryglewicz said the $700 ,000.00 was actually included in the deal and the majority of that was spent except for the $50,000 .00 from the tree planting . Council Member Barrentine said it was included in the deal and spent for what? Director Gryglewicz said for the lease of the Golf Course land and those monies were previously allocated and have been spent other than the $50,000 .00 . Ms . Barrentine said okay . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore, Wolosyn , Woodward , Tomasso , Oakley Nays: None (i i) Director Gryglewicz presented a recomme ndation from the Finance and Adm inistrative Services Department to adopt a resolution approving a Supple mental Appropriation of $25,292 .90 from a Forest Serv ice Rei mbursem ent fo r expend itu res incurred d uring the City's participa tion in w il dland fire fi ght in g activities . He said our Fire Division often times assists neighboring communities and communities far away as in this case ... Georgia ... to fight fires . This Wildland fire was fought earlier this year. The City incurred $25 ,292 .90 in re imbursed expenditures and that was paid . Th is is a supplemental to allow those expenditures out of that budget. Mayor Wolosyn asked if there were any questions. Council Member Mccaslin said these expenditures , who were they reimbursed to ... the firefighters? Director Gryglewicz said they are actually . The check comes to the City but all expenditures must be formally adopted by the Council In the form of a supplemental or the normal budgetary process . So , that is what this does. Mr. Mccaslin said okay , thank you . Council Member Barrentine sa id so it puts it back in the ir budget? Mr. Gryg lewicz sa id yes , it puts it back In the ir budget because the expend iture came from there . Ms Ba rrent ine sa id okay. COUNCIL MEMBER TOMASSO MOVED , AND IT WAS SECONDED , TO APPROVE AGENDA ITEM 11 (c) (II)-RESOLUTION NO . IO, SERIES OF 2007 . Englewood City Council August 6, 2007 Page8 RESOLUTION NO . 80, SERIES OF 2007 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION TO THE 2007 BUDGET IN THE GENERAL FUND FOR EXPENDITURES INCURRED BY THE ENGLEWOOD SAFETY SERVICES DEPARTMENT, FIRE DIVISION FOR EXPENDITURES INCURRED DURING WILDLAND FIRE DEPLOYMENT. Mayor Wolosyn said if there is no more discussion , please vote . Vote results: Motion carried . Ayes : Council Members Barrentine , Mccaslin , Moore , Wolosyn , Woodward , Tomasso , Oakley Nays : None (i ii ) Director Fonda presented a recommendation from the Littleton/Englewood Wastewater Treatment Plant to approve , by motion , a contract with Stratum Consulting Partners for the implementation of DataStream 7i, a computerized maintenance management system in the amount of $187 ,620 .00 , which will be shared 50/50 by the cities of Englewood and Littleton . He sa id this is something tha t we have been working on for a long time ... for over several years . It is the plan maintenance system for every piece of equipment in the Bi-City Plant. This contract is the contract whereby they will take all of the information on every piece of equipment and load it into the program ... that is why it is a large expenditure. Th is isn 't so much a formal bid , like you do for a piece of equipment, as opposed to the ir proposing how they would do it and how much it would cost. So , in weighing that against the other proposal , we felt that Stratum Consulting Partners presented a bette r qua li fied proj ect team . It was a more developed plan. T hey recommended bette r alternatives for c onnecting w ith our current status system and they prov ided far more training ... and the tra in ing is cruc ial to us because we will have to operate the system when , in fact , it happens . So I believe , actually , fo r what they are presenting , they are presenting a much better package at an actual lower price , because the other group d idn 't include the training . Mayor Wolosyn a sked if there we re any questions for Stu . Co u nci l Me mber Barre nt ine sa id is t his a mount incl ud e d in the total of t he B i-C ity 's budg et? M r. Fonda said of th e budg et, y es, it has been budg eted . Cou ncil Member Barrentine sai d a nd what was th e tota l budget for that? M r. F onda sa id th e budg et was around $200 ,000 .00 . She said I mea nt the total budg et for the Bi-City plan t ag a in? That was pa rt of the total amount. .. you already included this as part of the total cost. .. Mr. Fonda said the total budget for the Bi-City Plant, as part of its budget process for this year's and next year's budget, is being included. She said yes. Mr. Fonda said it was already budgeted . Council Member Woodward said are you talking about construction , Laurett? Ms . Barrentine said yes . Was it included in the total cost of the Bi-City 's Plant? Mr. Fonda said yes . Ms. Barrentine said okay and the total amoun t of the Bi-City 's Plant was? Ci ty Manager Sears responded $114 ,000 ,000 .00 . Mr. Fonda said it is not a part of the project; it is part of the regular budget that it was budgeted under ... as opposed to th e project they are constructing ... Council Member Barrentine said because you wouldn 't be using it for what you normally have now ... I mean 1t would h ve be n .. but it wasn 't included in ... Mr. Fonda said it Is not part of what we are building . She said it 1s not p rt of th $114 ,000 ,000 00? Mr Fonda s id no She said it is in addition to the $114 ,000 ,000 .00 . Mr. onda 1d ye nd that I part of the operating budget that was approved . Ms. Barrentine said it i n order to m th, wor Mr ond 1d y M B rr nlln 1d th n w plant Mr. Fonda said yes . Ms. Barr ntine Englewood City Council August 6 , 2007 Page9 said okay. Thank you . Mr. Fonda said but it is not someth ing that we are taking through the contractor ... that is building the plant. Ms . Barrentine said okay. COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Iii) -A CONTRACT WITH STRATUM CONSULTING PARTNERS FOR THE IMPLEMENTATION OF DATASTREAM 71, A COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM IN THE AMOUNT OF $187,620.00, WHICH WILL BE SHARED 50/50 BY THE CITIES OF ENGLEWOOD AND LITTLETON . 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 Mayor Wolosyn said thank you Stu . 12 . General Discussion (a) Mayor's Choice (i) Mayor Wolosyn said I would li ke us to return to Ms. Davidson 's request for a letter of s upport for thei r project at 3595 South Washington St reet. I thought we would take th is fi rst , in case we had any further questions . I have had occasion to talk to people on the Housing Authority and I think it is something that is in our Comp Plan , and we have that in our packet. I think it is better to have a building rehabilitated than not but I am going to tum it over ... maybe Jim you want to lead this because you are on the Housing Authority? Council Member Woodward said as a Council liaison on the Housing Authority , we looked at th is during the month of July and during the month of August, and we had a presentation in August. Of the members that were there and were vot ing , it was unan imous to support th is , and the feeling was that it does not compete with a nyth ing of E nglewood Housin g d irectly . It is a tax cred it type of property that will ... it has certa in advantages over the private sector coming i n and doing something . The reality is , if the private sector came in and did someth ing , th ey would probably buy it... maybe invest i n some pa int and some minor th ings and conti nue in re nting it as is . T he improvements th at are going to happe n, th at have bee n sta ted and that have been ta lked a bout a nd th at is wh at makes the ta x cred it deal work , a re someth ing that w e th ou ght was really a good idea for the area and for improving that pa rticular b uild ing . And the opportunity for low income and some medium income people to live in a nice facility ... something that would be upgraded . So , it was supported by the Housing Authority. Mayor Wolosyn asked if anybody had any discussion or questions. Council Member Barrentine sa id we had a previous request for this type of ... unfortunately , a project that ended up not going through , and they were brought to Study Session to get some additional information , and certainly at that time , that organization talked to the community to get some input as well ... I believe at our request. I was just curious how everybody felt about that. Council Member Woodward said we d id discuss this proposal. And this group compared to the other, as one of our most knowledgeable members Roger Hara pointed out , was that we really weren 't comparing apples and oranges w ith in the groups . That th is group and I am tryin g to remember specifically , that th is group is Arapahoe County , Douglas County and that is where the focus is . As I recall , this would be your first property in Englewood So far you have done a couple In Littleton , but you are looking at Li ttleton , Englewood , Sheridan nd the urround1ng rea . Thi one really fit the bill. The amount of investment that is going into th is property nd you stated by 2009 , th t was a question I had , I thin i pretty im pr ss,v . I just d id some num rs and it bump ,t up to , I th n it wa $103.00 per unit. That i a p tty nice cost per unit , spec ally if you r t I Ing bout buff t Im n that, t v r g . but on or two bedroom unit wh n ,t I comp ed 1 $103,000 00 Englewood City Council August 6, 2007 Page 10 Also they are fully replacing an elevator, which just isn't cheap . Those are expensive type things . So, we felt that it was a real improvement to the area . Ross Management is a group ... this is not the Frederick Ross Company ... this is a management company that specializes in property management. I know them and I know the type of work that they do, and I would recommend them as a very good property management company, very thorough . So I think the one thing that we will see ... l don't know what the police calls are there, that was one of the things that was brought up and nobody seemed to know ... but I would tend to believe that they will go down, significantly, once the project is complete . Ms . Davidson said our property in Littleton, that we did that is very similar to this, we had ... the police were there on a very frequent basis . The Community Resource Officers told us that and after we took over the property and developed the property, they have been there very, very rarely . We do so by having a very rigorous tenant screening process, and we do evict folks if you don't abide by the terms of your lease. We have had very few police calls at our property in Littleton . Council Member Barrentine said my concern basically is not against your organization or not, my concern is for us and that the process is different. .. that we are doing this process differently than we had done for a previous request for a letter of support ... that we had had or made a requirement on them to go ahead and get some community input for a low income housing project. That they give us a little bit more information about the previous projects they had done and they came to two different Study Sessions to present that to Council. So my question is more , why the process is different for this , and why we wouldn 't want the community input and maybe some information about the previous projects , especially since Jim has mentioned this would be your first one . You are a little bit newer in there. And my concern , of course , is that after all of that , their project fell through and was not approved by the State , and so I just wanted to have a little bit of information on why we are doing it differently. Mayor Wolosyn said I guess I can answer that because this came to us in this manner, just as the other one came to us in basically the same manner but we asked for ... Ms . Barrentine said okay , I apologize for that. Ms . Wolosyn said I mean , do people ... I don 't know what your timeline looks like . Council Member Woodward said it came through the Housing Authority first and I think at that time , you had to submit something , as I recall, I believe it was by August 1'1 ... Ms . Davidson said August 1'1. He said and I think you are kind of li ke ... times were under deadline for Legacy grants or GOCO fund ing and Open Space , or w hate ve r. I th ink you are under some sort of deadline , which is in the month of August. Ms . Davidson said yes, we had . Part of the push on this property , is that we applied for low in come tax credits for August 1st because the next opportunity we would have would be February in 2008 . And my concern wa s that we would not have an opportunity to acquire the property at that point, that the seller would have already sold the property. So , hat was part of the push and it actually turned out to be somewhat of a pristine window for us to be able to do a very expedited , but very thorough due diligence , evaluation of the property and get a number of things working on parallel tracks at the same time . So, it is a bit of an expedited process and so we apologize for th is push to get this done . But , we do have the opportunity , if all the stars continue to align for us and if this is something that you support , we would have the opportunity , I believe , to get our funding approved by October and be able to close on this transaction by the end of the year. Which is a very , you know, that is a very speedy timeline for this type of a project. Council Member Woodward said I think one of the other things is that. .. again going back to one of the differences here 1s .. they are investing a lot of capital into the building itself, into the real estate . And increasing th value .. and actually as I read here with the formulas , it will actually because of tax credit, reduce rents which . you know , I think , is really beneficial. M D v1d on said we were to be a partner in the other property that I bel ie ve that you reviewed , and part of the 1 u with that property ... I had looked at that property for acquisition for our organization and that owner wanted 1 nif1c nt mount for the purchase price of the property , so that much of the funds that were needed to make th t roJ ct war , w gomg sol ly toward acqui 1tion , nd they weren 't so much of n 1mprovem nt to the rt And . I truggled wit th fact that the acqu1 1t1on pnce on th t property was v ry high a well . So , I I \. Englewood City Council August 6, 2007 Page 11 don 't know what all the details were but we were asked to partner in that and would have provided support for the organization . But ultimately the deal was not. .. they couldn 't make the economics of that transaction work. Council Member Barrentine sa id well then ... and I do apologize ... without having other information and I realize that you are on a short timeline, but I would have to object just on the basis that we are going to take a private entity like that and turn it into low income housing , which would be a long term commitment for the community , and that they should have input into that. And that not being available, that would be my objection to not agreeing to this . Mayor Wolosyn asked if there was any more comment. Council Member Mccaslin said I have a question on Ross Management. I see that they do the background checks and getting the people in there. What about keeping the property clean and so it doesn't turn into a blight area or something . Is that their responsibility? Ms. Davidson said yes that is , that is part of what we hire them to do. They have a team of maintenance crews that go around and answer the specific ... fix the units ... but they also maintain the properties for us . And, I maintain a very close working relationship with these organizations. Council Member Mccaslin said so , if I was a resident and I had a problem with something that was your issue , I could call Ross Management and they would take care of it? Ms . Davidson said right and we pay them very well to do that as well. Mr. Mccaslin said thank you . Counc il Member Woodward sa id Ross Management. I think , was on 60 m inutes a number of years ago . They took over a property in Las Vegas ... they took it over sight unseen . It was in the worst part and it was p robably one of the worst buildings that you could possibly have in Las Vegas . But they were offered these other properties in Denver to take on and th is one on in Vegas and they did , and they turned it around . Ms. Davidson said just to offer to you ... the existing resident population , based on the information that we have from the existing property manager, and from my observation from being in that property and having experience with our other two properties , the existing resident population will qualify to live in that property. I believe that many of those res idents are long term , so we are not chang ing the demograph ics of the existi ng population . We do have in the aud ience , a representative from Cornerstone Properties , Greg Johnson , who has been invo lved w ith the property for a number of years . Greg is he re in our support. Mayor Wolosyn said w ill th ere be an y improvements to the fac;ade of the bu ild ing ... t o the exte ri o r? Ms . Davidson said I am not crazy about the way the railings look right now, so I would like to work with an architect to see if we can't jazz that up a bit, because what we would like to do, is attract a higher earning resident and we are going to need to make those units very efficient, but also look good for folks to be there . So , I would like to see what we can do with that. .. and then there are some exterior repairs that we need to do to the brick ... the parking lot needs some repairs. We would like to do some street-scaping ... some improvements along 285 and along Washington . Council Member Tomasso said is the building currently sprinkled ... does it have sprinklers in it? Will you put sprinklers in it? Ms . Davidson said no, that wasn't part of the plan . We will hardwire smoke detectors , which is what we have done in our other properties. I think that's cost prohibitive for us to be able to do that. We would like to do some ADA accessibility improvements for our seniors and even for some of the Craig Hospital potential folks that are utilizing those facilities as well. Mayor Wolosyn sa id I gues if we are go ng to consider a letter of support , we will need a motion to that effect. think that i th be t way to go about it s nee , I th nk , ther is goi ng to be div ision . Englewood City Council August 6, 2007 Page 12 COUNCIL MEMBER WOODWARD MOVED, AND IT WAS SECONDED, TO PROVIDE A LETTER OF SUPPORT FOR THE PRESIDENTIAL ARMS APARTMENTS ACQUISITION/REHABILITATION PLANS. Mayor Wolosyn asked if there was any discussion . There was none. Vote results: Ayes : Council Members Mccaslin, Moore, Wolosyn , Woodward, Tomasso, Oakley Nays: Council Member Barrentine Motion carried. Mayor Wolosyn said thank you . (ii) Mayor Wolosyn said I would like to remind everyone as I am sure everyone else will be talking about it, that tomorrow night is National Night Out and we have received an updated list. It looks like we are welcome all over town and I appreciate Toni's effort. (iii) Mayor Wolosyn said I also , on Friday night, went to Arapahoe Acres Progressive dinner. I went to two of the houses. It is really lovely to get out into neighborhoods and talk to people and meet them in their homes . Everybody is always so gracious. I think we had a great show of Safety Services staff and I thank them for being out there also . Many people mentioned how they think that, as they say, so cool that they are out there . (iv) Mayor Wolosyn said also next Saturday is our two events ... Artabout , which is the open studios in Englewood and in the evening , Sacred Water , here at CityCenter which is the Museum of Outdoor Arts annual production ... that is music , film and dance. Members of the CSO , Colorado Symphony Orchestra , also perform there as well as other artists that the Museum has hired . (b) Council Members' Choice (i) Council Member Barrentine : 1 . She said I was disappointed to see that the ACLU has filed suit against Englewood on that sign ordinance . I had recommended that we put a moratorium on the sign ordinance in order to take care of that issue in-house , in hope that we would be more proactive in the future to allow those decisions to remain w ith in the communi ty rather than to hand that over to outsiders in the District Court to decide . 2. She said on the Community Development, I have found out that we have a panel that reviews information on plans that are submitted . There was a plan submitted on the old Denver Mattress, a build ing right in front of Steakhouse 10 . About six or eight months ago , there was a concern brought up from the owner of our 5 star restaurant , Steakhouse 10, doing very well in this community, that the dumpster was going to be put 12 feet in front of his door. I was told at the time from Tricia Langon that when the panel reviewed it, that they did not consider surrounding properties . When that bank project did not go through , I again brought up the concern of putting a dumpster in front of, 12 feet from his door. They had a chance to review that plan aga in when that went from being a bank with a drive-thru , which is why part of that got chopped off, to address the issue of the dumpster being moved , allowed to be moved by the City , from the alley to 12 feet from in front of hi s door , on the driveway side of his business. And once again, I was told the panel reviewed it and I was told by Harold Stitt , that they don 't go out there and that they did not include any information on surrounding businesses . In answer to part of the question that I had on this dumpster being allowed to be moved from the alley to in front of his door, I was prov ided information from the Uniform Development Code that states that a dumps ter cannot be within a certain amount of feet from certain things ... residential doorways and th in gs , and would encourage that the panels , as they eview these , if they are go ing to be an effective tool for the City , co nsider the surroun d in g bus inesses , surroun ding properties and the im pact that they have on other businesses and r s1d nces Our Un iform Development Code would require that they would have to take into account the other properties that are there I again would request that we take a look at that. .. that expecting somebody who 11. put m1lhon of dollars of investment m this community , to give up part of h s property so that th only way he c nnot h v a dump ter 12 f t from h1 door. i for him to I t th m put ,t on hi property It may not be n · ppropn t w y for u to h ndl th, nd for u to bit mor pro ct,v m th futur on that II Englewood City Council August 6, 2007 Page 13 3. She said I read in the paper that we had a couple of officers involved in a shooting with the DUI Task Force and I wanted to have an update, if you know anything about it. City Manager Sears said I really don 't. Mike Pattarozzi or Sam Watson can respond to the question about that. Police Commander Watson said that there weren 't any Englewood Police Officers involved, that they were Arapahoe County and possibly Denver. Ms. Barrentine said okay. Then, you know, it is once again a reminder that the news doesn't get everything right , so that the article that was forwarded to me was not accurate . I apologize . 4 . She said also , we had a citizen request on an open record request that we were copied on and I wanted to know if we are copied on every citizen request that comes in ... that was an open records ... c itizen request. Are we copied on all of them or are there just so few that. .. City Clerk Ellis said no, we get open record requests consistently through the week ... no, you are not. Council Member Barrentine said is there a selective process on how come we got a copy? City Clerk Ellis said no there wasn 't. There was just a request that Council be copied on that one . Ms. Barrentine said okay and who makes that decision , on which ones we rece ive? , City Attorney Brotzman sa id in th is case , that was me and the determ ination was based on this is information that affects not only the budget but also the political process , so Council as well as , a potential cand idate , so you would have the same information . So , all of Council would have the same information that the candidates do. Ms. Barrentine said so it wasn 't requested by a candidate? So , different departments can make a decision that we would get copied on that? Should we get copied on open records requests normally? City Attorney Brotzman said and we take those case by case , based on a determ ination on what information Co unc il should have . Ms . Barrentine sa id o kay, alright, thank you . (ii) Cou ncil Mem ber Mccasli n: 1. He said this week is Employees Appreciation week for the City of Englewood . I attended the breakfast today and it was really cool just to sit and talk to the employees and let them know that we care about them , and I th in k that I'd invite you guys , if anybody ... This whole week is Appreciation Week, and I know that with what we have gone through the last five or ten years with employees, that we show them that we do appreciate what they do for the City of Englewood and t hat we are in their corner. I want to say thanks fo r getting this put together, I don't know , was it Human Resources w ho put this together? City Mana ger Sears replied that it was Human Resources. The breakfast was catered an d it was very nice. I appreciate it. 2. He said we hosted one of the Council members from Germany ... he and his wife. My wife 's mother, unfortunately , is dying of cancer and she left with the Germans last week to go back home to be with her Mom in her last days . It was just such a neat experience in seeing what other countries do and how a lot of times we have the same problems and the same concerns , concerning immigration, code enforcement. It was really interesting to sit down with these guys for a week and just pick their brains. I learned more in a week about Belm , Germany than I would probably ever read about , so I appreciate the opportunity. Thank you . (111) Council Member Oakley said I have a further comment about Bob's comments about Employ k I gr that they ought to hear from us as often as we can . I couldn 't make the breakfast th is morning but I pl n on att nding th awards ceremony , I believe it 's on Wedne day? Englewood City Council August 6, 2007 Page 14 (iv) Council Member Woodward : 1. He said I want to acknowledge that too ... I had written down here that I wanted to convey my gratitude and appreciation, as a citizen and a Council Member, to the employees of the City during this Employee Appreciation Week 2007 . 2. He said I just wanted to mention again, the Sounds of Summer: on the 161h is the concert that I have been waiting for, Dotsero, which is smooth jazz and on the 23rd of August is the Stephen Paul Orchestra , which is big band sounds, which is a makeup for the rainout of July 12'h. Those are free concerts right out here in the Piazza, right out next to CityCenter. * * * •• Mayor Wolosyn said I just want to say one thing . I won't be at the Study Session next week. I am going back to the East coast, for a week starting on Thursday , to see my family but I will be at the next regular meeting . 13. City Manager's Report (a) City Manager Sears said just as a follow-up , thank you to the Council. I know that the employees appreciate your support and Wednesday, we do have the Employee Appreciation Awards ceremony . It will be in the Community Room here and all Council is invited to that. Thank you . 14 . City Attorney's Report (a) City Attorney Brotzman said I do have one matter. The law firm representing Mike Mahoney and Headed West has previously done work for the Commun ity Development Department, although that has been some time ago . I'm really not see ing a conflict in the case . I have talked with one of the senior partners at that law firm , and my recommendation is for a motion to waive any potential conflict. COUNCIL MEMBER TOMASSO MOVED, AND IT WAS SECONDED, TO APPROVE A WAIVER OF CONFLICT IN MIKE MAHONEY AND HEADED WEST VS CITY OF ENGLEWOOD, ARAPAHOE COUNTY DISTRICT COURT AND PEOPLE OF THE STATE OF COLORADO VS MIKE MAHONEY, ENGLEWOOD MUNICIPAL COURT, CASE NO . 343468. Vote results : Motion carried . Ayes : Council Members Barrentine, Mccaslin , Moore , Wolosyn, Woodward, Tomasso , Oakley Nays : None 15 . Adjournment MAYOR WOLOSYN MOVED TO ADJOURN . The meeting adjourned at 8:28 p .m . COLORADO COMMERCIAL CAPITAL L.L.C. 1724 South Broadway• Denver, CO 80210 Office: 303-733-3995 • Fax: 303.733 .2179 EMAIL: cccapital@qwest.net May 16, 2007 Re: Resignation from the Englewood Business Improvement District Dear Ted Vasilas, fellow board members, and Englewood City Council members: With regret, I must resign from my position as a member of the Englewood Business Improvement District. I have simply overcommitted my time . I am very pleased with the progress this great group of volunteers has made towards improving S. Broadway. I wish each of you the best ofluck with all of your endeavors. Sincerely, ~<7aL JonC. Cook 8a - 8b ~~ WHEREAS , substance use illsorde,~ a:e: ::o~s :;,:~,:: health prob!= 22.2 ~ ~ million people in the United States have faced a substance use disorder in the past year which has had an impact on them at some point in their lives , whether it was the addict ion of a friend or family member or another experience, such as the ir own personal addiction ; and WHEREAS, because recovery from alcohol and drug addiction is possible and treatment is effective , the challenge is to bring treatment to all who need it ; and WHEREAS , treatment is cost effective, with some measurements showing a benefit-to-cost ratio of up to 7 : l, with substance use disorder treatment costing $1 ,583 per person on average and having a monetary benefit to society of nearly $11 ,487 for each person treated; and WHEREAS , educating our community about how substance use disorders affect children, families , and all community members is essential to overcoming stigma and discrimination needs for addiction treatment as well as referring them to appropriate treatment -and their family members to support services -is a crucial first step in helping people realize that recovery is possible and treatment is effective and saves both lives and dollars ; and WHEREAS , barriers to accessing treatment programs that can help heal li ves, families and our community are a significant problem for our neighbors , friends , co-worker, and family members ; and WHEREAS , celebrating indivi duals in re covery and saluting the health care providers who h elped them obtain treatment; educates our community about the benefits of tr eatment and affirms that such prov iders de serve adequate compensation for their services ; and WHEREAS , the U .S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration; The White House Office of National Drug Control Policy; invite all r esidents of th e Ci ty of Englewood, Colorado to participat e in Nat ional Alcohol and Drug Addictio n R ecovery Mon th-September, 2007; and WHEREAS, on b eha lf o f th e citizens o f the City of En g lewo o d , Colorado, I am pleased to celebrate September 2007 as National Alcohol and Drug Addiction R ecovery Month in th e City of Eng lewood, Colorado; and NOW THEREFORE, I, Olga Wolosyn, Mayor of the City of Englewood , Colorado , hereby proclaim the month of September 2007 as : NATIONAL ALCOHOL AN D DRUG ADDICTION REC OVE RY MONTH in the City of Englewood, Colorado . I urge all of our residents to "JO IN T H E V OICES FOR RECO VE RY: SAVING LIVES, SAVING DOLLARS" by supporting men, women and youths who are in drug and alcohol addiction treatment and recovery . GIVEN under my hand and cal thi 20th day of Augu t, 2007 . RESOLUTION NO . SERIES OF 2007 A RESOLUTION APPOINTING BRIAN A. HART TO THE SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT BOARD OF DIRECTORS . WHEREAS, the South Broadway Englewood Business Improvement District is a special assessment district designed to improve the economic vitality and overall commercial appeal of the South Broadway corridor in the City of Englewood, Colorado to provide programs to businesses and commercial properties that will include district marketing, promotions, enhances safety and maintenance; and WHEREAS, the Board of Directors shall determine annual SBEBID priorities and oversee ongoing management of SBEBID programs; and WHEREAS, the Board of Directors shall consist of a majority of real property owners, shall be an equitable representation of geographic areas of the SBEBID and size and type of property and businesses; and WHEREAS, there is a vacancy on the South Broadway Englewood Business Improvement District Board of Directors ; and WHEREAS , Brian A. Hart of Frame de Art II , has applied to serve as a member of the South Broadway Englewood Business Improvement District Board of Directors ; and WHEREAS , Brian A. Hart has been nominated by the members of the Board of Directors of the South Broadway Englewood Business Improvement District to the Englewood City Council for approval; and WHEREAS , the Englewood City Council desires to appoint Brian A . Hart to the South Broadway Englewood Business Improvement District Board of Directors; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Brian A . Hart -Frame de Art II, is hereby appointed to the South Broadway Englewood Business Improvement District Board of Directors . Brian A. Hart's term will be effective immediately . ADOPTED AND APPROVED this 20th of August, 2007 . ATIEST: Olga Wolosyn, Mayor 8c 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 SOUTH BROADWAY ENGLEWOOD BUSINESS IMPROVEMENT DISTRICT 3471 S. Broadway EnglewOOd, CO 80113 303. 781 .1382 BOARD OF DIRECTORS P"ESIDENT TED \/ ASILAS T;o's CLOTHIERS 34715 s . BIIOAOWAY 80113 303.781.1382 VICE PRESIDENT Boe VOTH 511'1 SPl!laOY PIIINT ING 3460 S. BROM>WAY 80113 303.761 .4M8 SECRETARY AIOK Rl!ESE 0111!!111 l"OA LliSS C LOTHIERS 3045 $, BIIOAOWAY 80113 303.7'11 .0560 TREASUftER Boe LA UGHLIN ACOO STIC Mu sic R EV111~ 3 445 S . 8 AOo1'0WAY 110113 303 .7 44.1737 M E M BERS JON C. COOK COLOAAOO COM~RCl"l CAPITAL LLC 1664 S . BIIOAOWAY 80210 303.733 .Jggs BRYAN Rl!IO EOWAIIOS TOIIACCO $t10P 3439 S . BIIOAOWAY 80113 303.7111 .7802 \IIO Wl!IOANG ~TIO.IC STO!'I! S3N s . &IIOAOWAY 80113 303.782 .13115 August 1, 2007 Englewood City Council 1000 Englewood Parkway Englewood, Colorado 80110 Dear Cotmcil Members: The members of the Board of Directors of the South Broadway Englewood Business Improvement District wish to submit the nomination of Brian A. Hart. Frame de art II, 3057 S. Broadway, Englewood, to the SBEBID board . He would be replacing Jon Cook who has resigned . The Board feels Brian will be an asset to the SEBID Board. Sincerely, Ted V asilas -President South Broadway Englewood BID Rick Reese -Secretary ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 46 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE BOARD OF COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO, BY AND THROUGH THE ARAPAHOE COUNTY CLERK AND RECORDER, AND THE CITY OF ENGLEWOOD, COLORADO, TO CONDUCT A COORDINATED ELECTION ON NOVEMBER 6, 2007. WHEREAS, pursuant to the Uniform Election Code of 1992 (Articles 1 to 13 of Title 1, C.R.S .) as amended, governmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses; and WHEREAS, the City of Englewood has participated with Arapahoe County in conducting coordinated elections sinct: 1993; and WHEREAS, Arapahoe County and the City of Englewood have determined that it is in the best interest of the taxpayers and the electors to conduct a coordinated election for the November 6, 2007 election; and WHEREAS , Arapahoe County and the City of Englewood desire to set forth their respective responsibilities for the coordinated election pursuant to the Intergovernmental Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Agreement for Coordinated Election is attached hereto as "Exhibit A". The Intergovernmental Agreement for Coordinated Election is hereby accepted and approved by the Englewood City Council. -1- 9 bi ------------------- Section 2. The Mayor and City Clerk are authorized to sign and attest said Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 6th day of August, 2007. Published as a Bill for an Ordinance on the 10th day of August, 2007 . Read by title and passed on final reading on the 20th day of August, 2007. Published by title as Ordinance No._, Series of 2007, on the 24th day of August, 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 the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2007 . Loucrishia A. Ellis -2- INTERGOVERNMENTAL AGREEMENT FOR COORDINATED ELECTION ARAPAHOE COUNTY NOVEMBER 6, 2007 (Election) This Intergovernmental Agreement is entered into by and between the Board of County Commissioners of the County of Arapahoe , State of Colorado and the Arapahoe County Clerk and Recorder (hereinafter jointly referred to as the "County") and the _______ c_i_cy_o_f_E_n_g_le_w_o_o_d ________________ (hereinafter referred to as the "Political Subdivision" and/or "jurisdiction "). WHEREAS, pursuant to the Uniform Election Code of 1992, (Articles 1 to 13 of Title 1, C.R.S.) as amended, governmental entities are encouraged to cooperate and consolidate elections in order to reduce taxpayer expenses ; and WHEREAS , the County and the Political Subdivision have determined that it is in the best interest of the taxpayers and the electors to conduct a Coordinated Election on November 6, 2007; and WHEREAS , the County and the Political Subdivision desire to set forth their respective responsibilities for the Coordinated Election pursuant to this Intergovernmental Agreement. NOW, THEREFORE, IT IS AGREED by the County and the Political Subdivision as follows: 1. The November 6 , 2007 election shall be conducted as a Coordinated Election in accordance with the Uniform Election Code of 1992 (Articles 1-13 of Title 1, C .R.S .). The election participants shall be required to execute agreements with Arapahoe County for this purpose and may include municipalities , school districts and special districts within the Arapahoe County limits and the State of Colorado . 2. The November 6 , 2007 election shall be conducted by the County as a mail ballot election . 3. The Arapahoe County Clerk and Recorder shall be designated as the Coordinated Election Official and the Political Subdivision hereby identifies Loucrishia A. Ellis, City Clerk as its Designated Election Official. 4 . The County shall perform the following tasks in relation to said election, to wit: a. Negotiate an agreement for the printing of the official ballots . b. Provide a copy of the ballot layout and the text of the official ballot to the designated election official for proofreading before authorization to begin printing of all ballots . c. Certify the complete number of registered electors within the Arapahoe County portion of the Political Subdivision no later than October 17, 2007 . d. Provide a copy of the political subdivisions' legal boundaries as defined in the Arapahoe c~·unty Street List Locator no later than July 30, 2007 . e. Provide support on the date of the election by telephone and in person, should the need arise , until counting of the ballots is completed . f. Provide unofficial results of the election on election night by telephone or by facsimile transmittal upon request. • X H I B I T A g. Maintain a list of actual voters from the November 6, 2007 election, and upon requ est , generate a printed list of the persons who voted following the election. The cost will be $.005 (1/2 cent) per name . h. Store all voted ballots for a minimum of 25 months , and all other materials required by law (Section 1-7-802, C.R.S.) to be saved, in such a manner that they may be accessed by the participating jurisdiction, if necessary, to resolve any challenge or other legal questions that might arise regarding the election . i. Keep a careful and accurate accounting of time, supplies, printing costs and salaries attributable to the County's administration of the election for the jurisdiction. The participating jurisdiction's proportional share of actual costs shall be based on County expenditures relative to the November 6, 2007 election . j . Appoint, compensate, instruct and oversee the board of canvassers . k. Appoint, compensate, instruct and oversee the judges of the election . I. Publish and post the required legal notice pursuant to C .R.S . 1-5-205 that is published no later than 10 days prior to the election for the jurisdiction's ballot issues, ballot questions and/or candidates . m. · No later than 20 days prior to the election, provide the participating jurisdiction test ballots of the jurisdiction's ballot style(s) to allow for testing of electronic vote-counting equipment. ~=-==Er:1ron;0-fair=eamp-~9n=Pr~iGa=-M E;tr;tMle ~ ef "'Fitle=?f, =tr.ltS.fas=it relates Rf tne Novemberi3 ,-20G-r erection. o. Provide and operate the County's electronic vote-counting equipment. There will be no charge for the pre-election preventative maintenance on the electronic vote-counting equipment for this election cycle . 5. The Political Subdivision shall perform the following tasks in relation to said election, to wit: a. Certify the candidates, if applicable, and the list of ballot issues and/or ballot questions on a diskette or by email (with receipt confirmed by the County Election Department) in Microsoft Word format along with a paper copy no later than 4 :00 p.m . on September 7, 2007 . The ballot content must be certified in the order in which it will appear on the ballot. The certified list of candidates, ballot issues and/or ballot questions shall be final and the County will not be responsible for making any changes after the certification . b. Within one day of receipt , proofread the layout and the text of the jurisdiction's portion of the official ballots before authorizing the printing of all ballots . c. Pub lish an d post any requi red lega l notices for the jurisdiction's candidates , ballot issues and/or ballot questions, other than the notice required by C.R.S. 1-5-205 that is published no later than 10 days prior to the election . A copy of such published legal notice shall be submitted to the County for its records . d . Prepare, hand -count and deliver to the County Clerk , the required test deck of ballots for testing the electronic vote counting equipment, no later than October 19, 2007 . e . Remit payment directly to Arapahoe County within 60 days of billing for its prorated share of ALL COSTS relating to the printing and mailing of ballots and all other election expenses described in Section 4 . f . Comply with the provisions of the Uniform Election Code of 199'!\~Articles 1-13 of Title 1, C .R .S.), and the time guidelines schedule -es--eUect,ed-her~X~s these relate to the November 6 , 2007 election . The Political Subdivision shall notify the County of any except io n no later than 29 days prior to the election . g . The Political Subdivision shall defend and resolve at its sole expense all challenges relative to the c ndidates, ballot issues and/or ballot questions as certified to the County for inc lu ,on in th November 6, 2007 Coord inated Election . 2 h. Submit to the County a map identifying the participating jurisdiction's boundaries no later than July 27, 2007 . i. Certify to the County, no later than August 20, 2007, the political subdivisions' legal boundaries from the Street List Locator provided to the political subdivision on July 30, 2007. f .--~..d~..a~d-~¢tl16--pmpsi:ty""-OWR"8TS-':Jtst.-:fo~lh-e.-:P~cat-sut5CH\ll-si0fi, ~ deeffi ee--appfieeble).-tRat-hes-been-reYiewed-egetRSt-tre-veter-registr=atmreeor-es-ift-t-i=le -office-of-the-A-rapahoe-eoi:i nty-€-terk-and-Rec-ot der. k. Deliver all requests for absentee ballots to the County for processing . Such requests shall be delivered or faxed daily to the Arapahoe County Clerk and Recorder's office . 6. The Political Subdivision avers that it has sufficient funds available in its approved budget to pay its prorated election expenses for the November 6, 2007 Coordinated Election . 7. Unless otherwise agreed in writing, this Intergovernmental Agreement and the interpretation thereof shall be governed by the laws of the State of Colorado . 8 . Should any provision of this Intergovernmental Agreement be determined by a court of competent jurisdiction to be unconstitutional or otherwise null and void: it is the intent of the parties hereto that the remaining provisions of this Intergovernmental Agreement shall be of full force and effect. 9. Notices to be provided under this Intergovernmental Agreement shall be given in writing either by hand delivery or deposit in the United States mail, certified mail, return receipt requested, with sufficient postage, to the following persons : Nancy A. Doty Arapahoe County Clerk and Recorder 5334 South Prince St. Littleton, Colorado 80166-0211 DEO Name: Loucrishia A. Ellis Title: City Clerk Address: 1000 Englewood Parkway City, St, Zip: Eudewood. co 80110 10. This Intergovernmental Agreement may not be modified , amended or otherwise altered unless mutually agreed upon in writing by the parties hereto. ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS Frank Weddig, Chair ATIEST: Date Nancy A. Doty, Coordinated Election Official Date JURISDICTION NAME: -------------------- By Date Title 3 - . ~ COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 20, 2007 11 a i Adoption of the International Property Maintenance Code 2006 Initiated By: Staff Source: Safety Services, Division of Building and Safety Lance Smith, Chief Building Official COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The adoption of the International Property Maintenance Code 2006 was reviewed by City Council at the August 06, 2007 Study Session. RECOMMENDED ACTION Staff requests City Council approve a Bill for an Ordinance adopting the International Property Maintenance Code 2006 to establish clear and specific property maintenance requirements with required property improv ement provisions. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood has used the Englewood Municipal Code Title 9 Housing Regulations as a residential property maintenance code since 1985 and updates this code periodically to keep pace with changing technology. Th e Building and Safety staff has thoroughly reviewed the International Property Maintenance Code 2006 and rec ommends adoption subject to c ertain exce ptions, modifications and amendments. FINANCIAL IMPACT The only costs associated with the Ordinance would be for the purchase of code books. The stimated amount is approximately $200 and has been budgeted for in the 2007 Budget. LIST OF ATTACHMENTS Bill for an Ordinance .... ORDINANCE NO. SERIES OF 2007 ------~-----....... ==------- BY AUTHORITY A BILL FOR COUNCIL BILL NO . 45 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE REPEALING TITLE 8, CHAPTER 2(F) -ENTITLED "THE ABATEMENT OF DANGEROUS BUILDINGS CODE" AND TITLE 9, CHAPTERS I THROUGH 4 -ENTITLED "HOUSING REGULATIONS" OF THE ENGLEWOOD MUNICIPAL CODE 2000, AND REENACTING A NEW TITLE 8, CHAPTER 2(F), ENTITLED "INTERNATIONAL PROPERTY MAINTENANCE CODE 2006" FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City has used the Englewood Municipal Code Title 9 Housing Regulations as a residential property maintenance code since 1985 and is updated periodically to keep pace with changing technology; and WHEREAS, the International Property Maintenance Code 2006 has been thoroughly reviewed by the Englewood Building Safety Department and recommends adoption of this International Property Maintenance subject to certain exceptions, modifications and amendments ; 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 repeals Title 8, Chapter 2F , of the Englewood Municipal Code 2000, in its entirety. Section 2. The City Council of the City of Englewood, Colorado, hereby repeals Title 9, Chapters I through 4, of the Englewood Municipal Code 2000. Section 3. The City Council of the City of Englewood, Colorado, hereby reenacts a new Title 8, Chapter 2F, entitled "International Property Maintenance Code 2006" of the Englewood Municipal Code 2000, to read as follows : TITLE ft CQAPTEff 27 fBOfEBJX MAINTENANCE CODE §-2(-J; CODE ADOPTED : -1- TED CODE: To ADOP___ . h Illlli5 = •-made Ill LS me MllWtlCa dmeuls m heYW! adootod; 8-21:-~; 5PEC modificatioll§ and ~de 200Ji, beremabove . . fie changes, -Maintenance The followmg sp~~ernational Property . . s of the --- PXQVJS101L MINJliillailllli a. 1- ~- J. ~- ~- ~- CHAPTER J -Ap __ II bf a""1'ded tg rea!lJ Code of the e, /Slw.. rtv Maintenallce the Prone__ d ,, . hall be known as_ s "this co e · lahons s ft eferred to a These regµ ·-d bereinaA; L dJ -f E •lewoq_, -ded lo reg_ shall Cilv o di (Shall be-~ , ofoccupmcv, ~ l . . of other WIies -cture, or chapG.. the lnternatwna. 102.3 Appl1Gf1iPP PI alteratjons to a stru es and PfOYlilOP§ okcmznical Code l\eQaio. aruht"'!.ce with the procedµrCode, Jnternauonq/ be done in acco~ ationa{ fuel ----. Code. Intern __ _ Buildzng c Electrical Code, and the JC to read\ wn ,, thc code 103,J Genera . I in charge o_t I <Shall be amendr his Code shall be kno ·ve offiCJa The CXecutl -· I -. . he li,1/siwni:. . ~-. tv S'ubs{ltute C -. 1 Resolution . /Deleted m its e hall be sety 103.s Fees, . Code Fees . . nt1re_ 6 --b Counci. ----M amtenance d) l t " n of property ---n h ammded to !Sib ed lP be a vio a m . •EP1bieL C5bil., ,e Title shall bed<EPI ·n addjtjon to JOM YiP11u91 any proyjsion of thugujJtv oh YJOlat"":;Jn..i herein, mav The Yiolauon o . and anv os:aon . 1 remebes con hiect lP those MonjcU}ill onhnance h olbGI: llEllillUes O Cjty and shall be llL Code :UWectiP& himselg" ~cWI Court of:: for a violation !'J ~cioal Code , be PDlliCCIHed IP t hies as mav be iur:. I of this Ee&Jewo served shall be fines and other ~SiOP§ of Sect19A ft due notice has been pur suant to the PW lation continues a er day that a yio Each _ te offense . h ed a separa ·--01 1 sha ILe <Je5PL 4e4 1q rea d\ 'bed jn Section I 0 <Sha ll be amen s ch notice presco 101 ,2 Form , ponsible, _u . . Notice to person_ ~s n of the followmg . -dance wit_ a.. in accor .L . . . d tjficatjon, pc in wntmg. fficient for I ED real estate su . · s riotion of the ey the nohm Ipcludc a a . . or Yiolatjons and w r the y10 Jauon J. tement 0 lpclude I IIL . po eyept · ed · e hljl IQ beiP& 1ssu_. . reasonable llllh , Wlllircd lP ll o w m g a vements . . ns ectjon onJer L jg and iIPPtR "th the PtRYISJO lpclndea COfL makUhe a:111 . mp)j>pce WI than 30 days to . tructure mto c more llin g µrut or brin g the dwe of this code . -2 - ].. ~. Infogn the property owner of the right to appeal, . t of the right to file a lien jn accordance wjth secuon ~. Include a statemen l.Q.LI,. , r;h II he amended Ee ceed} . h rns.s Prohibited 0ssvP1PSY·4 9 --placarded by the code officrnl shalle Any occupied structw;e condemnaf ~1d Such placard shall be deemed an order vacated as ordered by the code o. c1n~t more than ten < 1 O} days from the_ dat~ directing yacatjon and shall proy1de f h dwelljng unit unless a lesser ume is of such placardjng fo~ the ~cat10n ot ;rf he bµjlding officjal js reasonable and stated in the order as m the mdgm!?) . n and haµrd jnyolyed, Any ~erson proper in yjew of the facts of the s1~~1~r shall operate placarded eaumment, who shall occupy a placarded prepµnsjble for the premises who shall let anyone and any owner or any peryon res':!erate placarded cgujpment or rcm_oyc such occupy a placarded PP?Wses, or . Jlt. shall be liable for the penalties placard from t~e prepµses or eaumw!:.... .. - oroyjded by th1s Code. . ••• <Pe{ece4 io i{s emirety Suk,fw«ce tbe sectio~ 111 Me19s 0 '_ f ;Mc for reaujrements of thjs sectmn . ro{lowmgJ Refer to 8-I cpA[[EB 2 -QEfJNJTioNs 'tiops C4 weaded kv the qddjtiqn e[the 1, §cstjog 292 '1~er•J Pe~m d · 1 nln habeticql order, 10 read as fo(lowjng defimrwn ro be mse rte _ i, - [o(lows·l elated by blood, HOLD one < 1 > or more persons L . 1 . . fAMILXt gousE '--:-h' · 1 djng foster children,1 vmg marriage, adopgjon, or le~al gµardians _m, \nc J persons and their chjldrcn together in a dwelljng ~t: or t~o <2} unre at living together in a dwellmg µmt . GENERAL REQUIREMENT§ £B&rtEB 3 ------- l. ~- Exterior PraPCrty Argu. scstJoe 39 2 --------- 30214 Wcc4a <Deleted in irs entirety} 302.s Motor xc s n ----hi 1 <Deleted in ;rs en1icety} rtv <Peleted ;n its emicecYl J92,? Pcftscwcel of emPC (r;1 11 be amended to read}. 304 E1tcrior structure . ds_ ---§cs;tiog-. · d w and other outsjde opepmg E erv door wm_ o _ ---------fi'--..1 304.14 •emt sc;rccpsy ~ ---food orcoaration areas, uuu ------1 · fhabua.hle rooms , -----rzcd · required for yenu auon oroducts to be included or µtjl lQ service areas of any areas _where P occssed, manufactw;ed, packaged or food for human cons~rom~oo arc 9~ tiahtly fitting scr"ns of not les s stored shall be supphed w1\h approy_ ----- -3- , . I' I ' . . i I I I i o. ~- than 16 mesh per inch < 16 mesh per 25 mm}. and every screen door used for insect control shall have a self-closing device in good condition. Exceptjon; Screens shall not he required where other approved means. such as ajr curtajns or insect repellent fans. are employed. section 307 Rubbish And Garbage <Shall be amended to read} 307,J Accumulation of rubbish or garbage [Deleted in its entirety} 307,3,1 Garbage facilities, <Shall be amended to read} The owner of every dwelljng shall supply one of the following: an approved mechanical food waste grinder jn each dwelljng unit; or an approved leakproof. covered. outside garbage container . CHAPTER 4 -UGQJe VENTILATION AND OCCUPANCY '1WJJAJIQNS. 404.4.J Area for sleeping purposes <Shall he amended to read} Every bedroom occupied by one person shall contain at least 70 square feet (6.5 ro 2l of floor area. and every bedroom occ~pied by more than one person shall contain at least 50 square feet <4.6 m} of floor area for each occupant thereof. 404,5 Overcrowding. <Shall be deleted in its entirety and replaced with :) Dwelling units shall not be occupied by more occupams than permitted by the minimum area requirements of Table 404.5. SP ACE Table 404 .5 Minimum area requirements MINIMUM AREA IN SQUARE FEET I-2 Occupants 3-5 Occupants ' tr&Ji iifflMfl~t j &ffiiir¥d li ying rpgfP<dipjgg mom WSFI b s« Ssstion 404 s I for limitAtioo, on dSJrPDirinr Jhc minimum 2SSMPN¥i¥ arsa for dFSPio r numo¥&· 101 ,s,1 stee ping •tea , The mjnimum occu pan cy area regujred by Tab le 404,5 shall not be included as a sleepin g area in detenninin g the ruioiruum occu pancy area for sleepin g purposes , NI sleepjn g areas shall comp ly with Section 404,4 , -4 - 404.S.2 Combined ,maces Combjned ljyjng room and dining room spaces shall comply wjth the regujrements of Table 404.5 if the total area is equal to that regujred for separate rooms and jf the space is located so as to function as a combination living room/dining room • .I;. Chapter § MECHANICAL AND ELECTRICAL REOJJIREMENTS 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unjts or sleeping units on teaus, either expressed or implied, to furnish heat to the o~cupan~s thereof shall supply heat to maintain a temperature of not less than 68 F c20 Cl in all habitable rooms, bathrooms, and toilet rooms. Exceptions: l. When the outdoor temperature is below the winter outdoor design temperature for the localjty. maintenance of the minimum room temperature shall not he required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall he as indicated in Appendix D of the International Plumbing Code . 2. In areas where the average monthly temperature is above 30 ° E <-1 ° C} a minimum temperature of 65 ° F < J 8° C} shall be maintained , 602.4 Qccupiahle work spaces , Indoor occupjable work spaces shall be supplied with heat to maintain a temperature of not less than 65 ° F O 8° C} during the period the spaces are occupied . Exceptions : l Processing, st orag e and operatjon area s that require cooling or spec ial temp erature condition s. ~-Area s jn which perso ns ar e primari ly engaged in vi gorou s phys ica l ac tivities. Section 4. Safety Clauses. The City Council here by find s, detennines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public , and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further detennines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 5 . Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid , such judgment shall not affect , impair or invalidate the remainder of thi Ordinance or its application to other persons or circum tance . -5- .. Section 6 . Inconsistent Ordinances. All other Ordinances, or portions thereof, inconsistent or conflicting with this Ordinance, or any portion hereof, are hereby repealed to the extent of such inconsistency or conflict. Section 7 . Effect of repeal or modification. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture:, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions . Section 8. Penalty. The Penalty Provision ofE.M .C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 20th day of August 2007 . Published as a Bill for an Ordinance on the 24th day of August, 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 20th day of August, 2007. Loucrishia A . Ellis ... • COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 20, 2007 11 a ii Grant of Easement for the Water Line to Zuni Water Tank and Quit Claim Deed for Curb and Gutter Initiated By: Staff Source: Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board, at their August 14, 2007 meeting, recommended Council adopt a Bill for an Ordinance approving the Grant of Easement and Quit Claim Deed for the Zuni Tank water line and a Quit Claim Deed for 2890 South Zuni Street for curb, gutter and access . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Currently, the City of Englewood does not have an easement for the water line going into the City's Zuni tank. The right-of-way for the water line should have been executed in 1960 when the property, an old fire station, was sold and the water tank was constructed. The Grant of Easement and Quit Claim Deed is to correct this situation by the Grant of Easement from the property owners in ex c hange for a Quit Claim Deed for their access, curb and gutter. The owners plan to fence in the property and gi ve access for the water line easement by installing a gate large enough for ba c kh oe and dump tru ck acce ss . The propos ed easement is approximate ly 20 ' x 72'. FINAN CIAL IMPACT Ten dollars to John & Julie McGrath for consideration noted in the Quit Claim Deed. LIST OF ATTACHMENTS Bill for an Ordinance Grant of Easemen t and Quit Claim Deed ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 48 INTRODUCED BY COUNCIL MEMBER~~~~~ A BILL FOR AN ORDINANCE AUTHORIZING A GRANT OF EASEMENT FOR THE WATER LINE TO THE ZUNI WATER TANK AND QUIT CLAIM DEED FOR 2890 SOUTH ZUNI STREET. WHEREAS, the City constructed the Englewood Water Tank on property adjoining the Englewood Zuni Fire Station; and WHEREAS, when the Fire Station property was sold in 1960, an easement should have been retained for the existing water line; and WHEREAS, an Easement for a water line was not executed at the time of the sale of the property in 1960; and WHEREAS, the passage of this Ordinance will correct this situation by granting the City an easement of approximately 20' X 72' by the owners of the property, in exchange for A Quit Claim Deed for access , curb and gutter; WHEREAS, this will allow the owners of this property to fence in the property and give the City access to the Water Line Easement by installing a gate large enough for a backhoe or dump truck; and WHEREAS , the Englewood Water and Sewer Board recommended approval of the Grant of Easement and Quit Claim Deed for curb and gutter for this property at the their August 14 , 2007 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF E NGLEWOOD, COLORADO, AS FOLLOWS: Section l . The Grant Of Easement between John and Julie McGrath and the City of Englewood, Colorado, attached hereto as Exhibit 1, is hereby accepted and approved by the Englewood City Council. Section 2 . The Quit Claim Deed from the City of Englewood to John and Julie McGrath for their access, curb and gutter, attached hereto as Exhibit 2 , is hereby accepted and approved by the Englewood City Council. Section 3 . The Mayor is authorized to execute and the City Clerk to attest and seal the Quit r-1aim Deed for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and pas ed on first reading on the 20th day of August , 2007 . / Published as a Bill for an Ordinance on the 24th day of August, 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 20th day of August, 2007. Loucrishia A. Ellis EXHIBIT 1 GRANT OF EASEMENT TIIlS GRANT of Easement (this "Grant") is made this_ day of , 2007, by JOHN J. McGRATH and JULIE K . McGRATH ("Grantor") as the Owners of 2890 South Zuni Street, Englewood, Colorado 80110, whose address is 5265 South Youngfield Court, Littleton, Colorado 80127-1502, in favor of the CITY OF ENGLEWOOD ("Grantee") whose address is 1000 Englewood Parkway, Englewood, Colorado 80110. The parties covenant and agree as follows: 1. Easement Property. The "Easement Property" shall mean the real property located in the County of Arapahoe, State of Colorado, more particularly described as a 20 foot easement, ten feet (IO') on each side of the centerline of the waterline running from the Zuni Water Storage Tank to the Zuni Street Right-of-Way, as shown on Exhibit A, attached hereto and incorporated herein by reference. 2 . Consideration. As consideration, Grantee has given Grantor ten dollars ($10 .00) and other good and valuable consideration, including an exchange of easements, the receipt of which is hereby acknowledged by Grantor 3. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns , a perpetual easement over, under, across and through the Easement Property for the purpose of constructing, operating, maintaining, repairing, replacing, removing, improving and enlarging a water main from the Zuni Water Tank. 4. Access. Grantee shall have the perpetual, nonexclusive right of ingress and egress in, to, over, through and across the Easement Property for any purpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant. 5 . Restoration. Grantee agrees that after the construction, maintenance, repair, replacement or enlargement, if any, for the water main, Grantee shall restore the surface of the Easement Property as nearly as possible to the grade and conditions existing immediately prior to said construction, maintenance, repair, replacement or enlargement, except as may be necessary to accommodate the water line. Grantee further agrees to replace any topsoil removed from any cultivated or agricultural areas on the Easement Property and to remove any excess earth resulting from said construction, maintenance, repair, replacement or enlargement, at Grantee's sole cost and expense. 6. No Improvements. Grantor covenants and agrees not to construct, erect, place or plan any "Improvements," as hereinafter defined, on the Easement Property without obtaining the prior written consent of Grantee. "Improvements" shall mean any structure, building, planting, trees, shrubbery, or garden other than a grass type lawn or asphalt parking surface. Grantee shall have the right to remove, without any liability to Grantee, any improvements constructed, erected, placed or planted on U1e Easement Property without Grantor's having obtained the prior written consent of Grantee. If such prior written consent is not obtained, Grantee sha11 not be responsible for repair or replacement of the Improvements if they are damaged during construction, maintaining, repair, replacement or enlargement. 7. Subjacent and Lateral Support . Grantor covenants and agrees that Grantee shall have the right of subjacent and lateral support on the Easement Property to whatever extent is necessary or desirable for the full, complete and undisturbed enjoyment of the rights granted to Grantee under this Grant. 8. Rights of Grantor. Grantor reserves the full right to the undisturbed ownership, use, and occupancy of the Easement Property insofar as said ownership, use, and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. 9. Abandonment. In the event that Grantee shall abandon the rights granted to it under this Grant, all rights, title and interest hereunder of Grantee shall cease and terminate, and Grantor shall hold Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned, provided that Grantee shall have a reasonable period of time after said abandonment in which to remove any or all Lines and Appurtenances from the Easement Property. In the event that Easement is abandoned by Grantee, Grantor shall have the right, at its sole option, to require Grantee to remove or neutralize any improvements constructed in the Easement by Grantee. 10. Warranty of Title. Grantor warrants anq represents that Grantor is the owner of the Easement Property and that Grantor has full right, title and authority, to grant and convey to Grantee the Easement. Grantor further covenants and agrees to indemnify, defend and hold Grantee harmless from and against any adverse claim to the title to the Easement Property by all and every person or persons lawfully claiming or to claim the whole or any part thereof. 11. 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 covenants running with the land IN WITNESS WHEREOF, the parties hereto have executed this Grant of Water Line Easement the day and year first above written. STATE OF COLORADO ) ) ss. COUNTY OF ARAPAHOE ) Acknowledged before me this ~O day of ~ ,2007, by Jolm J . McGrath and Julie K. McGrath as the Owners~ outh Zuni Street, Englew olorado 80110 . My Commis ion expires: I mACY MERRITT NOTARY PU8UC STATE OF COWAADO I en p ~- N C z CJ) :-{ TO SCALF :0 r- s .,,._ :o r- i ~- I" TAP N CD <D 0 N 20' R.O.W. CITY SA.LE' TO HAYNIE' 8001< 2291 PAGE' 484 W. BATES AVE. ... I! X H I a I T QIBT CLAIM DEED SOUTH ZUNI STREET EXH1BIT2 THIS QUIT CLAIM DEED is made this __ day of , 2007, between the City of Englewood, Colorado, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado, Grantor, whose address is l 000 Englewood Parkway, Englewood, CO 80110, of the County of Arapahoe, Granter, and and----------' whose address is 2890 So. Zuni Street, Englewood, CO 80110, County of Arapahoe. WI1NESSETH, That the Grantor, for and in consideration of the sum of Ten Dollars ($10 .00), the receipt and sufficiency of which is hereby acknowledged, has rernised, released, sold, conveyed and QUIT CLAIMED, and by these presents does rernise, release, sell, convey and QUIT CLAIM unto the Grantee, their heirs and assigns forever, all the right, title, interest, claim and demand which the Grantor has in and to the real property together with improvements, if any, situate, lying and being in the County of Arapahoe and State of Colorado, described as follows: Parcel 1: The 5 .5 foot easement recorded in Book 2328 at Page 419, in the records of the Arapahoe County, Clerk and Recorder. Parcel 2: The north eighte.en feet (18 ') of the property located at 2890 South Zuni Street, Englewood, Colorado and shown on the attached Exhibit. TO HA VE AND TO HOLD the same, together with all and singular appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining with the exception of said 18 foot easement and conditions attached thereto, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee , their heirs and assigns forever . The singular number shall include the plural, the plural the singular, a nd the use of an y gen der shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has caused its name to be hereunto subscribed by its Mayor, Olga Wolosyn, and attested to by its City Clerk, the day and year first above written. CITY OF ENGLEW OOD, COLORADO ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, ity Clerk • l COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 20, 2007 11 a iii License -City Ditch Crossing Agreement for 3066 South Sherman Initiated By: Staff Source: Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Grant of Easement for 3066 South Sherman Street on November 6, 2006. RECOMMENDED ACTION The Water and Sewer Board, at its August 14, 2007 meeting, recommended Council adopt a Bill for an Ordinance approving a License -City Ditch Crossing Agreement for 3066 South Sherman Street. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Property located at 3066 South Sherman Street, owned by American Homes, LLC -Emilie A. Hogy, owner has submitted a License Agreement and Construction Agreement for placing decorative rock on a portion of the City Ditch retaining wall and removing an existing fence in the City Ditch easement that runs diagonally east to west spanning the property. The existing wall and fence were needed to protect the right-of-way from trespassers and prevent illegal dumping. The new homeowners will be responsible for maintaining the right-of-way. Decorative rock will improve the concrete wall appearance. No trees will be planted i n the C ity Ditch easement. Englewood's City Attorney has reviewed and approved the License -City Ditch Crossing Agreement. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Bill for an Ordinance ... ORDINANCE NO . SERIES OF 2007 BY AUTHORITY A BILL FOR ~---------- COUNCIL BILL NO . 49 INTRODUCED BY COUNCIL MEMBER ------ AN ORDINANCE AUTHORIZING A "LICENSE -CITY DITCH CROSSING AGREEMENT" FOR PLACING DECORATIVE ROCK ON A PORTION OF THE CITY DITCH RETAINING WALL AND REMOVING AN EXISTING FENCE IN THE CITY DITCH EASEMENT ADJACENT TO THE LOCATION OF 3066 SOUTH SHERMAN STREET, ENGLEWOOD, COLORADO. WHEREAS , American Homes , LLC -Emilie A. Hogy submitted an application for placing decorative rock on a portion of the City Ditch retaining wall and removing an existing fence in the City Ditch Easement that runs diagonally east to west spanning the property; and WHEREAS , the existing wall and fence were needed to protect the Easement from trespassers and prevent illegal dumping ; and WHEREAS , the owner of 3066 South Sherman Street, Englewood, Colorado will be respons ible for maintaining the Easement ; and WHEREAS , no trees will be planted in the City Ditch Easement; and WHEREAS , the Englewood Water and Sewer Board recommended approval of the "License -C ity Ditch Crossing Agreement" for the location of 3066 South Sherman Street, Englewood, Colorado at the August 14 , 2007, meeting; NOW, T HEREFORE, BE IT ORDAINED BY THE C ITY COUNCIL OF THE CITY OF EN G LEWOOD, COLORADO, AS FOLLOWS : Section 1. The "Licen se -City Ditch Crossing Agreement" for placin g d ecorative rock on a portion of the City D itch retaining wall an d removing an exist in g fe nce in the City Ditch Easement, attached hereto as "Attachment I ," is hereby accepted and approved by the Englewood City Council. Section 2 . The Mayor is authorized to execute and the City Clerk to attest and seal the ''Licen e -City Ditch Crossing Agreement" for and on behalf of the City of Englewood, Colorado . Introduced, read in full , and passed on first reading on the 20th day of August , 2007. -1 - Published as a Bill for an Ordinance on the 24th day of August, 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 20th day of August, 2007 Loucrishia A. Ellis -2- JUL·-·24-2007 TUE 10: 00 AM COE UT! LIT I ES FAX NO. 3037836894 P. LICENf:E · CITY PITCH CRORRTNG AGREEMENT THIS LICENSE AGREEMENT, made and entered into as of this/ "2/1-day of f3..t<Cj c:),OC):J.., by and between the CITY OF ENGLEWOOD, a municipal corporation of the ~te of Colorado, herein refer.red to as "City", and AM e Rt '-A:N ti.PM E $1. LLC.... . he1·ei11 referred to as "Licensee'. WITNESSETH: The City without any warranty ofite title or interest whatsoever, hereby authorizes Licensee, its succ sor, aaeign;.,-to install 11 ~K A7T~C-H I= D ~ (\ JEXH ,a, 11 ove1c. c:Kt<:>r1f.J<J:: r?e-r~ A w,rH ..:::.101J5 O'fer the City's rights-of-way for the City Ditch, de$cribed as a parcel of land situated in the _ N o R"t' H EA s-r QUA R':t: e R , of Section 31-. Township ~ ~9:,e,,·f H: Range (n ~ We-sr: of the Sorr:1-1 H ;,, ~ N\ae101A-J P .M.,Countyof.Axapahoe ,Statcof Colorado described as follows: I?,, I 7 AND < i I B /_.OC.f<' (p.) 1-o·r..s 6f.?6ft-D,v A )I f/ £1 &If-TS The above -described parcel co ntains Cf 3 7 .S S , r , , more or let:§. 1. Any construction contemplated or performed under this License shall comply with and conform to sta11dards formulated by the Director of Utilities of the City and such constructi on s hall be performed and complet ed according to the plans, consis ting of one s heet, a copy of which is a tta ched h ereto and made a part h er e of. 3 . Within thkty (30) days fr~ the date of the commencement of construction of said __ _ SrotJe <..!.orJ~flED UC>f,.)cR-re WA-LL tha Licensee shall complete such construction, place and maintain permanent, visible markers, of a type and at s u ch location&:as d esil:'nated by the City's Director of Utilities. referring to the centerline of the installation and shall clear the crossinii area of all construction debris and restore the area to ihi previous condition as near as may be .reasonable . In the event the planinr of the centedine markerti and the clearinc and restoration of the crossin& area is not completed within the time specified, the City may complete the wo1·k at, the sole e)tpenee of the Licenaee. ·1 . The City shall have the rirht to maintain, install. ropari , remove or r locate tho City Ditch or any other of it facilitiea or installations within the City'• riahta-of-way , at any tim nd in uch m nner aa the City d ml n ce11ary or conveni nt. The City reaervea tb 02 A t t 'i ; h m e n t 1 ,..) JUL-24-2007 TUE 10:01 AM COE UTILITIES FAX NO. 3037836894 P. 03 exclusive right to control all easements and installation~. In the event the S"",..-o,J ~ ({,VF/2.c O C!otv<:;lt'€rg WALL should interfere with any future use 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 ao as not to interfere with any such use. 5 . Al.1.y repair or replacement of any City installation mad.e necessary, in th~ppinion of the Oty's Director of Utilities bec!ause of the const1·uctiou of the S;ro fl) '=' <.!ou G/C e O Cl.o;J cte ~r~ \NALL or other appurtenant installation thereof, shall be made at the sole expense of the Licensee . 6. The stipulation 1md conditions 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, Hcenliea and/or grants, recorded or unrecorded, and it shall be the Licensee's sole responsibility to determine the existence of said documents or con£lictin~ uses or installations. · 8 . The Licensee shall contact and fully cooperate with the City's personnel and the construction shall ba completed without interference with any lawful, usual or ordinary flow of water through the City Ditch. Licensee shall assume all riskli incident to the possible presence of such waters, or of storm waters, or of surface waters in the City Ditch . 9 . All trenches or holes within the City's rights-of-way shall be bacldilled and tamped to the ori ginal ground line in layers not to excee six (6) inches loose measure to a compaction of ninety percent (90%) Standard Proctor Maximum Density . 10. Licensee, by acceptance of this License, expr4essly assumes full and strict liability for any and all damages of every natui-e to person or property caused by water from the ditch lea.king th.rough the ditch banks or pipeline at the point or points where the Licensee perform.s any work in connection with the crossing provided by this License. The Licensee assumes all responsibility for maintenance of the installation. being within and across and \.Ul er pr mises of the City or by reason of any work done or omission made by Licensee, its agents or employees, in connection with the construction, replacement, maintenance or repair of said installation. 12. It is expressly aKTeed that in case of Llcenaee's breach of any of the within promises, the City may, at its option, have specific performance thereof, or sue for damages reaulting from auch breach. 13 . Upon abandonment of any riiht or privileie herein granted, the right of Licensee to that extent shall terminate, but it obligation to indemni&Y and save harmless the City, ite officers and employees, ahall not terminate in any event. In grantin th above authorization, the City reaervee the right to make full use of the property involved aa may ho n c Hary or convenient in the operation of the water works plant and system und r the control of the C..'ity. -2 - ~· JUL-21-2007 TUE 10:01 AM COE UTILITIES FAX NO. 3037836894 In granting the above authorization, the 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 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: ______________ _ Chainnan Englewood Water and Sewer Board has read the The undersigned officer of A /'1, '=Jc/LA J /-/oM E >, LLc__. foregoing License and a es for an on behalf of said _.A---.:....:.fv.--1..'==...:.R...!...!.../ c:::::·~L-:· "'=---~c)~/..1..:....\ .:='=:....;s~....:L=:..::.:.-----------· that it will accept and will abide by all the terms and conditions thereof. LICENSEE: ~~PG~~ Tit~fa_/ Address~?~ /£. ;:aDDl:/fOSf}u~ ~R Kbe 1 Oo gc;; 3 8' Phone: 2?,{) -8' ~..2 -0 3 oJ 3 Notary: My commission expires: ANITA L. SCHULTZ ! NOTARY PUBLIC ~ STATE OF COLORADO My COIMII slon Expire Aug . 04, 20<M5 P. 04 ( ( CHAIN LI FENtE LOT 15 EXHIBIT "A" -· .ALLEY. East property line S RAYER>s a OADWAY H 1GHTS SOOK A I PAGE 01 Lo·r 1 s LOT 17 1..\----DITCH £NTE:R-1..tNE BL.OCK6 LOT 18 11 X Cbaia liak fmce tDbeftlNftd E:dstiog Concrete Wall wblcb commences 31' south of tht nortb property lint and tads 0' south oftht nortb property lint to bt covered with tht same stonework as shown on tht bomt illustration In photo 3 of Esbiblt "B " 3 066 so um SHERMAN STREET JUL-24-2007 TUE 10:0J AM COE UTILITIES FAX NO. 3037836894 TE.tvfPORAR Y CONSTRUCTION EASEMENT This Temporary Construction Easement (the Temporary Easement) is entered into this _L day of 44 T e-. ao7 by and between the City of Englewood, Colorado, a municipal corporation qf the state of Colorado, acting by the through its Water and Sewer Board (Grantor) and A-MS R i CA-1J t/o ME'S: . LLs:; (Grantee). _________________ _._ __ WHEREAS, The City of Englewood owns a right-of~way for the City Ditch, a carrier ditch (City Ditch ROW) which is located as described .on Exhibit A. WHEREAS, ·/YI GT? IC.A tJ HCJJViES LLc desires to install a S7oNt= C6tl £le!. I fv({ OVER f;'j.lSTl;.JG-CilvC.fc..e:-r-e Vi A-LL within the City Ditch ROW pursuant to a license between the parties. NOW, THEREFORE, In consideration of tbe mutual covenants of the parties, more particularly hereinafter set forth, the adequacy and sufficiency of which are hereby acknowledged, it is agreed as follows: 1. Te ora Construction Easement. Englewood (as Grantor) hereby grants to 1\.1 G:i!iel<.A,J C>Ntes· L · (as Grantee), its successors, assigns, contractors, and sub-contractors, a non-exclusive temporary construction easement through, 9ver, under and across the City Ditch ROW for the installation of a ~·-rof.J ~ (26 v /3 R av ER- G X l?f:/ NG-V..oNC.R6Tt= W'ALL pursuant to a license agreement (the Project). 2. Term of Easement. The Project will begin no sooner thanfig[i / e;; .,Ja:,7 and will be completed no later thaILJif '", .?..d<17, Completion o the Project will be deemed to have occurred upon inspection and approval of the Project by Granter 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 following restrictions : I) nonnal working hours shall be consistent with CDOT construction hours, Monday through Friday and 2) the operation of equipment and heavy trucks will be permitted on the Englewood City Ditch ROW only during nonnal working hours . P. 05 ' I J!JL-24-2007 TUE 10:01 AM COE UTILITIES FAX NO. 3037836894 4. Restoration. Upon completion of the Project, Grantee will perlonn such restoration and regrading as is necessary or prudent to restore the swface area of the City Ditch ROW tO its original condition. 5. Indemnification. Grantee, to the extent pennitted by the laws and constitution of the State 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 oftbe Project, including the cost of defending against such claims. 6. Liabilicy. Grantee hereby acknowledges that it understands that there is water flow in the City Ditch from April 1 to November I of each year and that it will assume liability for any damage to adjoining property caused by water flow resulting from damage to the City Ditch caused by the Grantee's · construction activities. 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, 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 unreasonably withheld, conditioned or delayed. IN WITNESS WHEREOF, the panies hereto have executed this temporary construction Easement on the date and day firs~ wrinen above . P. 06 JUL-24-2007 TUE 10:02 AM COE UTILITIES FAX NO. 3037836894 In granting the above authorization, the 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 W1der 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 Utj}ities City of Englewood By:---------------- Chairman Englewood Water and Sewer Board The Wlders~gned officer of A MG IC IC.A ,J f-f o/Y\ 2 s . LLc__ fo;egoing License and agreFs for an on beq.alf of said ' has read the ... 6. .......... M .... f?_R...;:,..l_~ .... lt_.;..:...,J __ :......,_H(.0_..;!'-v\...,___l=_S....,,,........;;LL=:;__....;:c ___________ that it will accept and will abide by all the terms and conditions thereof. LICENSEE: 6=C.A,v' J../O/VI ES, lie_ ~'56,~~ Title~ Addi-ess: ------------- Phone: -------------- Notary: My commission expires : Do-DL\-~oa~ ANITA L. SCHULTZ NOTARY PUBLIC STATE OF COLORADO My Comml on Expjr I Aug. 04 , 2008 P. 07 ORDINANCE NO . SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO . 44 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE AUTHORIZING THE PURCHASE AND SUBSEQUENT LEASE OF PROPERTY WITHIN THE CITY OF ENGLEWOOD KNOWN AS THE SOUTH PLATTE RNER OXBOW HABITAT/WETLA..~S . WHEREAS, Ordinance No. 36 , Series of 2007 authorized and intergovernmental grant agreement regarding the grant of Open Space Program funds for the purpose of acquiring property in the South Platte River habitat area ; and WHEREAS, Ordinance No. 36, Series of 2007, anticipated the purchase of land adjacent to the Colorado Water Conservation Board's South Platte River Right-of-Way; and WHEREAS, Ordinance No. 36, Series of 2007, anticipated that the property would be leased back to the current owner for not more than five years for a nominal fee; and WHEREAS, this acquisition is consistent with the 2003 South Platte River Plan adopted by the City of Englewood by the passage of Resolution No . 72 , Series of 2003 ; and WHEREAS , the South Platte River Oxbow Habitat/Wetlands is approximately 2.3 acres, more or less, of land adjacent to the South Platte River Right-of-Way, which lies within the jurisdictional limits of the City of Englewood; and WHEREAS , this property is to be purchased by The Trust For Public Lands from the owner for purposes of acquiring the property and transferring it to the City of Englewood for open space; and WHEREAS , the property has been leased back to the previous owner for not more than five years for a nominal fee and the City will accept assignment of the Lease ; and WHEREAS, the City will be requiring the lessor to provide insurance to protect the property from environmental harm during the term of the Lease; and WHEREAS , the City of Littleton is providing access to this property from land it is purchasing but not leasing; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : -1- 11 bi Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the purchase of a 2.3 acre, more or less, parcel of land within the City of Englewood known as the South Platte River Oxbow Habitat /Wetlands described Purchase Agreement in Attachment 1 attached to this Ordinance. Section 2. The Mayor and the City Clerk are authorized to sign and attest the Purchase Agreement and the Deed for the City of Englewood, Colorado, see Exhibit E attached to the Purchase Agreement. Section 3. The City Manager is authorized to sign the Lease and any extensions for and on behalf of the City of Englewood, Colorado, see Exhibit F attached to the Purchase Agreement . Introduced , read in full, and passed on first reading on the 6th day of August, 2007 . Published as a Bill for an Ordinance on the 10th day of August, 2007. Read by title and passed on final reading on the 20th day of August, 2007. Published by title as Ordinance No._, Series of 2007, on the 24th day of August, 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 the Ordinance passed on final reading and published by t itle as Ordinance No . _, Series of 2007 . Loucrishia A. Ellis -2- PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is entered into between the TRUST FOR PUBLIC LAND, a nonprofit California public benefit corporation authorized to do business in Colorado, with an address of 1410 Grant Street, #D210, Denver, Colorado 80203-1846 ("TPL"), and the CITY OF ENGLEWOOD, a Colorado municipal corporation, with an address of 1000 Englewood Parkway, Englewood, Colorado 80110 (the "CITY"). RECITALS A. TPL owns or shall own by the date of closing approximately 2.82 acres of certain real property located in Arapahoe County, Colorado, which is more particularly described in Exhibit A hereto (the "Property"). B. TPL shall sell 2.38 acres, more or less, of the Property, which lies within the jurisdictional limits of the CITY, to the CITY. This tract is more particularly described in Exhibits A and B hereto (the "Englewood Property"). C. TPL shall sell .44 acres, more or less, of the Property, which lies within the jurisdictional limits of the City of Littleton, Colorado, a political subdivision of the State of Colorado, to the City of Littleton and South Suburban Park and Recreation District. This tract is more particularly described in Exhibit C hereto (the "Littleton Property"). D . The CITY has had full opportunity to review title to and survey of the Englewood Property and is fully satisfied therewith. E . The TPL shall enter into a Lease with Ron Koch for the Property, a copy of which is attached hereto as Exhibit F , which TPL shall assign to the CITY and the CITY will accept from TPL , upon conveyance of the Englewood Property to the CITY, utilizing the as si gnm ent of Lease attache d hereto as E xhibit F. F. The CITY shall expeditiously engage in those public processes necessary for it to accept title to the Englewood Property and the Lease, which it anticipates shall be conclud e d on or about September 30, 2007. TERMS NOW , THEREFORE, in co nsideration of th e mutual covenants and promises set forth be low, th e partfes agree to be bound as fo ll ows: 1. Ope rative Provi sion s. The above recitals are incorporated herein as operative provisions hereof as though more fully set forth herein. - A t t a C h m e n t 1 2. Englewood Property Acquisition and Conveyance. TPL will acquire all of the real property described in Exhibit A from its current owner for the total sum of $730,000.00. The funds to be used by TPL to acquire the Property a.re as follows: $109,500 .00 from the City of Littleton; $187,500.00 from the City of Englewood; $250,000.00 from a grant made by Arapahoe County to the City of Englewood; $136,000.00 from Arapahoe County and $47,000 .00 from South Suburban Parks and Recreation District. Upon the placement into escrow with First American Heritage Title Company of all of said funds and other related documents, TPL shall sell and convey the Englewood Property to the CITY . The CITY agrees to acquire the Englewood Prope11y and TPL agrees to convey the Englewood Property to the City as set f011h above and subject to the conditions set forth below. 3. Contingencies. TPL's obligation to convey the Englewood Property to the CITY, and the CITY'S obligation to acquire the Englewood Property are contingent upon the following conditions: a. Acquisition of the Property by TPL from its current owner. b. Full funding of the transaction as set forth in Paragraph 2 above. c. The CITY engaging in the following process: 1. Presenting Ordinance to purchase and lease back the Property to City Council. Ordinance process requires an affirmative vote in two readings and a referendum period of thirty days. 4 . No Personal Property. The parties acknowledge that no personal property is being acquired and that no personal property is located on the Englewood Property being transferred, except as may be agreed to between the CITY and the current owner of the Property. 5 . Risk of Loss for Damage to Improvements. TPL or its predecessor shall be re sponsible for the risk of loss prior to close of escrow. 6 . Deed. TPL shall transfer title to the Englewood Prope11y by Special Warranty Deed from TPL to the CITY. Title shall be transferred free and clear of all liens and encumbrances and subject to those matters identified on Exhibit D attached hereto. The Special Warranty Deed shall be in the form of Exhibit E attached hereto . 2 .... 7 . Payment and Prorations. All of the funds identified in Paragraph 2 above shall be in escrow prior to and as a condition precedent to Closing. The date of closing shall be used for proration of property taxes and other similar costs, if any. Federal taxes for the year of closing (based on the taxes for the calendar year inunediately preceding closing), and pursuant to Sections 39-3-131 and 39-3-133 C .R.S., shall be paid to the Arapahoe County Treasurer by TPL or its predecessor in interest. The CITY is a political subdivision of the State of Colorado organized pursuant and, therefore, is exempt from taxes . 8. Possession and Closing. Possession shall be given to the CITY on the date of closing. Closing shall be on or before September 30, 2007, or such other date as the parties shall mutually agree to in writing. 9. Water Rights. Water rights for the Englewood Property owned by TPL, if any, are transferred hereby to CITY. 10. Environmental Representations. TPL hereby represents that, to the best of TPL's actual, specific knowledge, no pollutants, contaminants, toxic or hazardous substances, wastes or materials have been stored, used or are located on the Englewood Property with the exception of those matters set forth and referenced in that certain Phase I Environmental Site Assessment for the Property conducted by CTL Thompson, dated February 5, 2007, which assessment the CITY has reviewed. 11. No Leases. TPL represents that there are no oral or written leases on all or any portion of the Englewood Property at this time, but the parties anticipate TPL entering into a Lease Agreement attached as Exhibit F hereto . Pursuant to the te1ms of that Lease, the recommended remediation of stained soils referenced in the Phase I Environmental Assessment in Paragraph 10 above, shall be performed by the Lessee, who is the current landowner, on or before that date on which the Lease expires. 12. Closing Costs. The parties shall split the costs of the escrow company, except that the CITY shall pay for the cost of its title insurance policy, should it choose to obtain such a policy on the Englewood Property. Real property taxes on the Englewood Property shall be prorated as of the date of Closing. 13 . Reservation of Easement. The TPL shall reserve an access easement across Parcel A, as described on attached Exhibit C, for the benefit and use of the owner of Parcel B. 14 . Remedies. lf either party should default in their obligations set fo1th herein, the nondefaulting party shall have the right of specific perfom1ai1ce against the defaulting party, in addition to any other rights under the law or in equity. 3 IN WITNESS WHEREOF, the parties have executed this Agreement effective the date of the last signature set forth below. THE TRUST FOR PUBLIC LAND By: __________ _ Name:------------ Title: ------------ Date:------------ CITY OF ENGLEWOOD By:------------ Name: ------------- Title:------------- Date: ------------- ·: :· ................... : .. ··· .. ··: ...... , .. · ....... LEGAL DESCRIPTION: EXHIBIT A Property Description A parcel ofland located in the SE Y-i, Section 8 and the SW Y.i , Section 9, Township 5 South, Range 68 West, 6 th P .M . in the Cities of Englewood and Littleton, Arapahoe County, Colorado, more particularly described as follows: Commencing at the SE corner of said Section 8; Thence N0°01 '20"W along the east line of said SE Y.i, a distance of 804.00 feet to the northeast comer of Riverdale Subdivision Filing No. 1 as platted in the records of said County at Reception Number A5135038, which is the Point of Beginning; Thence N26°1 l 'OO"W along the north line of said subdivision, 247.06 feet to the southern point of a 50 square foot exception parcel as described in Deed recorded December 9, 1996 at Reception Number A6154992; Thence N0°04 'OO"E along the east line of said exception parcel, 16 .97 feet to a non-tangent, 1604 .40-foot radius curve being the easterly right-of-way line of the U.S. Army Corps of Engineers floodway channel for the South Platte River as shown on the Platte River Channel Improvement Map by the U. S. Anny Corp of Engineers, Drawing No . PCCI-40E-4. l, dated January, 1969; Thence northeasterly along said 1604.40-foot radius curve (from which the center bears N39°52'55"W) concave northwesterly through a central angle of 24°23 '01", a distance of 682.79 feet to the east line of the parcel as set forth in Decree recorded August 24, 1987 in Book 5244 at Page 97; Thence along last said east line through the following three courses: 1) S8 °16 '56 "E, 374.48 feet to a ·tangent, 155 .19 -foot r adius curve; 2) Southwesterly alo n g s aid 155 .19-foot radius curve concave northw esterly through a central an g le of 114 °18 '00", a dis tance of 309 .59 feet; 3) N73°58'56"W, 171.82 fe et to sai d east line of the SE~; Thence S0°01 '20"E along said east line of th e SE ~. a distance of 278.53 feet to the Point of Beginning. Basis of Bearings The east line, SE~. Section 8 bears N0°01 '20"W per Riverdale Subdivision Filing No. 1 as platted in the records of Arapahoe County, Colorado at Reception Number AS 135038 . PURCHA E AGREEMENT - Parcel B: •;.•, ··:::·· .... ·· .. · .. ·· •... EXHIBITB Englewood Property Description Parcel ofland lying in Section 9, Township 5 South, Range 68 West of the 61h Principal Meridian, County of .Arapahoe, State of Colorado, described as follows: . ..... · ... · All of that portion ofreal prope1ty in said Section 9 lying Southeasterly of the Easterly line of the Platte River Rechannelization as shown on the Platte River Channel Improvement Map by the U.S . .Arnly Corp of Engineers, Drawing No . PCC1-40E-4.1, dated January, 1969, to the centerline of the South Platte River as existing in October, 1985, the boundary is more particularly described as follows : Begim1ing at the Southwest comer of said Section 9; Thence North 00°17'22" East along the West line of Section 9, a distance of 1103 .85 feet to a point in the center of the South Platter River as existing in October, 1985, said point being the. True Point of Beginning; Thence North 00°17'32" East along the West line of Section 9, a distance of 60.00 feet to the Easterly line of the Platte River Rechaimelization as shown on the above mentioned Army Corp of Engineers drawing; Thence along a curve to the left, said curve having a central angle of 19°06'2 l ", a radius of 1604.40 feet, an arc length of 535 .00 feet, a chord length of 532 .35 feet, and a chord bearing North 35°35'56" East to a point in the center of the South Platte River as existing in October, 1985; Thence following the centerline of the South Platte River as existing in October, 1985, the following three courses and distances : a. South 07°58'14" East, a ~istance of 374.49 feet ; b . Thence along a curve to the right, said curve having a central angle of 114°15'00", a radius of 159 .34 feet, an arc length of 309 .75 feet, a chord length of260.75 feet, and a chord bearing South 49°10'50" West; c . Thence No1th 73°40'14" West, a distance of 171.82 feet to the Tme Point of Begi1ming. County of .Arapahoe, State of Colorado. PUR HAS AGREEMENT - ~-----------~- .. : .·• ..... :·-:,::·:·. . ·,:.·· ... •.•:, ··:.:·.··:.:.-:. •,, EXHIBIT C Littleton Property Description Parcel A: A po1tion of the Southeast~ of Section 8, Township 5 South, Range 68 West of the 6th Principal Meridian, City of Littleton, County of Arapahoe, State of Colorado, being more particularly described as follows: Beginning at the Southwest comer of the Southeast ~ of said Section 8 and considering the Southerly line of said Southeast~ to bear Nmth 89°41 '10" East with all bearings contained herein relative thereto; Thence Easterly along said Southerly line North 89°41 '10" East 1326.07 feet; Thence departing said Southerly line North 00°26'00" East, 40.00 feet West to the Southeast corner of Centem1ials Pride Subdivision, according to the recorded Plat thereof, County of Arapahoe, State of Colorado, and the Northerly right of way line of West Belleview Avenue; Thence Easterly along said Northerly right of way line North 89°41 'IO" East, 608.40 feet; Thence departing said Northerly right of way line North 00°18'50" West, 10.00 feet to the approximate centerline of the South Platte River; Thence Northerly along said centerline North 19°42'10" West, 297.40 feet; Thence North 12°56'.00" East, 379.60 feet; Thence North 33°25'00" East, 359.40 feet; Thence North 66°58'00" East, 217.30 feet; Thence South 79°31 '00" East, 203.40 feet; Thence South 26°11 '00" East, 9.93 feet to the proposed Easterly right of way line of the U.S. Anny Corps of Engineers Floodway Channel for the South Platte River and the True Point of Beginning of this description; Thence Northeasterly along said Easterly right of way line along a non-tangent curve to the left having a delta of 05°32 '42", a radius of 1602.40 feet , an arc of 155 .08 feet and a long ch ord which bear s North 49°08 '3 9" East, 155.02 feet to the East line of said Southeast ~; Thence S outherly along said East line South 00°0 1 '20" Eas t, 338.53 feet; Thence depaiting said East line North 2 6° 11 '00 " West, 261 .97 feet to the True Point of Begi1ming. Except the Westerly 50 .00 square feet thereof, described as follows: Beginning at a point of beginning of the above described parcel; Thence No1theasterly along a 1602.40 feet radius cw-ve having a curve of7.64 feet; Thence South 00°01 '20" East, 16 .89 feet; Thence Nmth 26°11 '00" West, l3.43 feet to the point of beginning. And ex cept a 1/8 interest in the West 50 feet of the South 50 feet of Parcel A above as d escrib ed in D eeds recorded in B oo k 5884 at Page 229 and in Book 6925 at Page 119, ounty of As pahoe, State of Co lora do. EXHIBIT D TO PURCHASE AGREEMENT Permitted Exceptions l. Any facts, rights, interests or claims which are not shown by the public records but which could be asce1tained by an inspection of the land or by making inquiry of persons in possession thereof. 2 . Easements, or claims of easements, not shown by public records . 3. Discrepancies or conflicts in boundary lines, shortage in area or encroachments which a correct survey and inspection of the land would disclose and which are not shown by the public record. · 4. Taxes and assessments for the current year, including all taxes now or heretofore assessed, due or payable. 5. Terms, conditions, provisions, agreements, easements and obligations contained in the Easement Agreement recorded April 23, 1996 at Reception No . 09117742. 6. Terms, conditions, provisions, agreements, easements and obligations contained in the Easement Agreement recorded April 23 , 1996 at Reception No. A6048722 . 7 . Terms, conditions, provisions , agreements , easements and obligations contained in the Drainage Easement Agreement recorded July 17, 1996 at Reception No . A60900862, and Amended and Restated Drainage Easement Agreement recorded February 20, 2004 at Reception No. B4031573. 8. Terms, conditions, provisions, agreements and obligations contained in a Tax Fee Resolution recorded July 31, 2003 at Reception No. B3165064. 9. Real property taxes on the Englewood Property shall be prorated as of the date of closing. IO. Terms, cond itions, provisions, agreements and ob ligati ons as set fo 1th in that certain Lease Agreement dated between The Trust for Public Land and Ron Koch. -~------------- EXHIBIT E FORM OF SPECIAL WARRANTY DEED When recorded return to: City of Englewood 1000 Englewood Parkway Englewood, CO 80110 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made this __ day of July, 2007 between THE TRUST FOR PUBLIC LAND, a nonprofit California public benefit corporation, Grantor, and CITY OF ENGLEWOOD, a political subdivision of the State of Colorado, whose legal address is 1000 Englewood Parkway, Englewood, CO 80110, Grantee. WITNESS, that the Grantee acknowledges the contributions of The Trust for Public Lands, in coordinating the acquisition of this property and working with the members of the South Platte Working Group in identifying it as appropriate for open space and the contributions of funding by the government entities of Arapahoe County, the City of Englewood, the City of Littleton and the South Suburban Parks and Recreation District for the preservation of and use of this property as open space; Grantor has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns forever, that certain real property, together with improvements, if any, situate, lying and being in the County of Arapahoe and State of Colorado, described as follows: 1 See Exhibit A attached hereto and incorporated herein by this reference; Subject to the matters set forth in Exhibit B hereto and the easement reservation set forth in Exhibit A; Together with the Grantor's interest in and to all and singular hereditaments and appurtenances thereto b el onging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits th r eof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in Jaw or in ~qu1ty, u., in and to the above-bargained premises ; To have and to hold the said premises above bargained and described, with the appurtenances, unto Grantee, its successors and assigns forever . The Grantor shall warrant and forever defend the above-bargained premises in the quiet and peaceable possession of the Grantee, its successors and assigns, against any, all and every person lawfully claiming the whole or any art thereof through Grantor, but against no other, subject to prorated taxes for the year 2007 and subsequent years , easements, encumbrances, matters of record and such matters as an accurate survey of the property would have revealed. IN W ITNES S WHEREOF, the Grantor has executed this d eed as of the date first above s et forth . ST ATE OF NEW MEXICO ) ) ss . COUNTY OF SANT A FE ) THE T RUST FOR PUBLIC LAND, a nonprofit California public benefit corporation Peter N . Ives Regional Counsel ACKNOWLEDGMENT The foregoing instrument was acknowledged before me this ___ day of July, 2007, by Peter N . Ives, Regional Coun el, The Tru t for Public Land, nonprofit California public benefit corporation, on behalf of said corporation. M Commi sion expire : Notary Public . a: X H . : . .: .. .-·:,: ,: .. ··· ,': .~.~·· ...... :···: ... •':,. ..... ,,: ... , . : . . . ... · .,,: .. :,:, ... .. ...... ,.: .,. · ........ , ...... , ., ... ,-.· .. ·:·,:·· .. ,,:·,:... . . ... il, Englewood Property Description Parcel B : Parcel of land lying in Section 9, Township 5 South, Range 68 West of the 61h Principal Meridian, County of Arapahoe, State of Colorado, described as follows: All of that portion ofreal property in said Section 9 lying Southeasterly of the Easterly line of the Platte River Rechannelization as shown on the Platte River Channel Improvement Map by the U.S . Anny Corp of Engineers, Drawing No. PCC1-40E-4.l, dated January, 1969, to the centerline of the South Platte River as existiiig in October, 1985, the boundary is more particularly described as follows: Beginning at the Southwest corner of said Section 9; Thence North 00°17'22" East along the West line of Section 9, a distance of 1103.85 feet to a point in the center of the South Platter River as existing in October, 1985, said point being the True Point of Beginning; · Thence North 00°17'32" East along the West line of Se ction 9, a distance of 60 .00 feet to the Easterly line of the Platte River Rechanneliz ation as shown on the above mentioned Army · Corp of Engineers drawing; . Thence along a curve to the left, said curve having a central angle of 19°06'21", a radius of 1604.40 feet, an arc length of 535 .00 feet , a chord length of 532.35 feet, and a chord bearing North 35°35'56" East to a point in the center of the South Platte River as existing in October, 1985 ; Then ce following the c enterline of the South Platte River as existing in October, 1985 , the following three courses and dist an ce s: a. South 07°58' 14" East, a ~istance of 374.49 feet; b . Thence along a curve to the right, said curve having a central angle of 114°15'00", a radius of 159 .34 feet, an arc length of 309 .75 feet, a chord length of260.75 feet, and a chord bearing South 4_9°10'50" West; c. Thence North 73°40' 14" West, a distance of 171.82 feet to the True Point of Beginning. C ow1ty of Arapal10e, State of Colorado . I T A p a g e 1 ~-=-@ ~..,.._.@ · ~.I---,.. ~~,...,.,;;.--r \ =.:rt:: -·-\ -~· --....... :--::-.:-. .'-_..; "t ~ ., ....... :.~~~~. :-~~-· .. ~ ;··· ALTA/ACSM LJ\ND TITLE SURVEY OXBOW LOCATED IN THE SE 114. SECTION 8 AND THE SW 1/4,SECTION 9, T..S S .• R. 68W. OFTHE6TH P.M., CITY OF LITTLETON. COUNTY OF ARAPAHOE. COLORADO ·.',', .• J·· '\ • .,!,.OGI'_._' '~..., ' .......... -... ,.,,..~~ .... tt- ,.. ~-., ' ' ~ .... -. '\. -~t--'.... ', '\. V ..... , . -..) ' ' '·~ ~ {, ', " ... ,._._.,::-!-. -~ .< ... ~ ... ' ' "" ,u ,.,,.·~.,.-'. -., ... ~,, ' ~-. ·~---....... -~-\.I . '~~ .... , ', ,., --·-- . --.i I > '~',' ' • •• ,'~--~-~:~w,:;; ;;f.J... ·'<;::-<\ ·· ..... .. . ... ' '"' ' ',•, ' .... ,,, ', ,'/ ·,.. l~~~~ \ ', -, ~' . "''"'- • I r .. ~. . ' ., ' '-1'· ': \i, \.. ---.. ', ' . t t'·-; ~~ , r,, '' +--Z IC..&II"•• l ' •t;'.;s ... ! 's,, "'' ·= ;\!;.,· .-,,; )c;.. ,.,.., • . ''. ' )(::..,...... . ~i~' f.f : l/ ;; r~,-' . ',~~!t~;~;?1t--,. __ _ ~,i~ . i.;...,-.l ~tr. =:::--:.-:·~~jfJ)\\~ri"-, , .... ~_;. . ,., ~ ... "§!(if;t..·""·· -;f.J.·t.,-.tt ·. ~J_,"f, -. ,rlif:}lflllli;'i"')f.;,;~F ... n..,...,./- t1•1B.11' , ....... ... --...a •c -:::::-:r--::-~ .. -, •• _,!."C ----·""' -... ..--© ........ .... .... .... .... .... AJ.Tl\:AC.'IM IJIJ•IUTlll.l:"1K\"t.l" a~11:1w ltlftl«> • .,'l~IS 0 .\1 1;:0(,tNlf:Jl>..:Jn; ,anJ:T?Of:'? ~ =-.=..~:_ N (Dl.Qlllltl )> -t-m-J:XPI EXHIBIT B TO DEED Permitted Exceptions I. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 2. Easements, or claims of easements, not shown by public records. 3. Discrepancies or conflicts in boundary lines, shortage in area or encroachments which a correct survey and inspection of the land would disclose and which are not shown by the public record . 4. Taxes and assessments for the current year, including all taxes now or heretofore assessed, due or payable. 5. Terms, conditions, provisions, agreements, easements and obligations contained in the Easement Agreement recorded April 23, 1996 at Reception No. 09117742. 6. Terms, conditions, provisions, agreements, easements and obligations contained in the Easement Agreement recorded April 23, 1996 at Reception No. A6048722. 7. Terms, conditions, provisions, agreements, easements and obligations contained in the Drainage Easement Agreement recorded July 17, 1996 at Reception No. A60900862, and Amended and Restated Drainage Easement Agreement recorded February 20, 2004 at Reception No. B4031573 . 8. Terms, conditions, provisions, agreements and obligations contained in a Tax Fee Resolution recorded July 31, 2003 at Reception No. B3165064. 9. Real property taxes on the Englewood Property shall be prorated as of the date of closing. 10 . Terms, conditions, provisions, agreements and obligations as set forth in that certain Lease Agreement dated between The Trust for Public Land and Ron Koch. ------------ EXHIBITF BUSINESS LEASE This Lease, dated , 2007, is between The Trust for Public Land , a California nonprofit public corporation, hereinafter referred to as Lessor, and Ronald Koch, hereinafter referred to as Lessee . I . Description. In consideration of the payment of the rent and the performance of the covenants and agreements by the Lessee set forth herein, the Lessor does hereby lease to the Lessee the property s ituated in Arapahoe County, State of Colorado, specifically described on attached Exhibit A (the "Property"). 2. Term. The tenn of this Lease shall be for a period of three (3) years from the date it is executed with two (2) one-year (I-year) extensions. The parties may extend the Lease for these additional periods on mutual written agreement at least sixty (60) days before the last day of any existing lease period. 3 . Rent. The rent for the term hereof shall be a nominal amount of Ten Dollars ($10 .00) per year payable upon the execution of this Lease and annually thereafter; provided, however, that if Lessor does not assign the Leas e to the City of En glewoo d w ithin s ixty ( 60) day s of its execution, then the parties shall renegotiate the rental amount to equal the fair market rental value of the property, if any. 4. Property Maintenance. Lessee shall maintain the Property as an open and unimproved property; prov ided , however, that L essee shall be pennitted to continue the existing use of the property for the storage of landscaping materials and the temporary parking of vehicle s associated w ith that use. Lessee shall be respon s ible for the re a sonabl e maintenance and repa ir o f th e Property during the term of the L ease; and th e removal of d owne d limbs, cuttin g of small diamete r t re es (under 6 inc hes) as we ll as clearing and gen eral maintenance. Su ch cuttin g and rem oval shall occur at least two (2) times each year at such intervals an d times as is determined in Lessee 's sole reasonable discretion . This maintenance provision shall not exclude the Lessee from compliance with any provision of the Englewood Municipal Code , Federal or State Statutes and Regulations . 5. Uses . During the term of this Lease, the property shall be used on ly for its current use in conjunction with the Lessor's landscaping business and shall remain open, unimproved property. No storage use shall be made on the property except as incidental to the operation of the existing business as noted above. During the tenn of this Lease and any extensions thereof, Lessee shall make no changes in the paved area or pennanent structures currently located on the property. -1 - 6 . Assignability. The parties agree that this Lease and any and all rights granted under those documents shall not be transferable or assignable by Lessee at any time. Notwithstanding the above , upon Lessee 's death or medically certifiable incapacitation, all of his title and interest in this Lease may be undertaken by his heirs and/or personal representatives . Such transfer shall not be considered an assignment. Lessor may freely assign this Lease to the City of Englewood . 7. Condition at Termination of Lease . The parties agree that at the conclusion of Lessee 's use of the Property at the end of the term or any extension thereof, Lessee shall leave the Property in the same condition as at the beginning of the Lease; provided, however, that the Lessee shall remove the stained soils from the site which are referenced in that Phase I Environmental Assessment dated February 5, 2007 by CTL Thompson as Project No . DN42 .557 -200 and remediate any other environmental conditions caused by the Lessee, Lessee shall leave the property in the same condition regarding toxic hazards or environmental pollution as on the date of the execution of this Lease, with the understanding that removal or change to any asphalt or rockbed , as is currently in existence, shall be the sole responsibility of the Lessor. Lessee agree s, at his sole expense , (i ) to revegetate the Property to minimize erosion using drought tolerant grasses watered until they are established; (ii) to reasonably remediate any unusual or destructive environmental conditions caused by Lessee, his employees , agents , contractors, or invitees ; and (iii) to remove all personal property, vehicl es , equipment, or other improvements placed on th e Property by Le ssee . 8. Liability-Indemnification Of Lessor. Lessor, and its successors and assigns , shall not be liable for any loss , injury, death , or damage to persons or property which at any time may be suffered or sustained by Lessee or by any person whomsoever may at any time be u si ng or occupy in g or v isitin g the Property or be in , on , or about the same, wh ether su ch loss, inj ury, death , or damage shall be cau sed by o r in any way result fr om or ari se out of an y act, omi ssi on , or negli ge nce of Lessee or Lessee's empl oyees, agents, in v itees, con t ra ctors, or other p erso n s associated with Lessee . Lessee sh a ll ind emn ify Lesso r against all claim s, liabil ity, loss or damage whatsoever on acco un t of any such loss, inj ury, death , or d amage. Lessee hereby waives all claims against Lessor of damages to improvements that are now on or hereafter placed or huilt on the Property and to the property of Les see in , on , or about the Property, and for injuries to persons or property in or about the Property, from any cause arising at any time, except those caused by the negligence or omissions of the Lessor, its agents, employees and contractors . Lessee further indemnifies Lessor against all claims, liability, loss or damage whatsoever on account of any breach of this Lease by Lessee, including without limitation any violation of Lessee 's obligations under Sections 10 and 11 hereof. 9 . In ura nce. Le ee hall maintain in effect throughout the tenn of this Lea e personal injury liability insurance covering the Property and its appurtenance and property damage liability in urance in an amount not lcs than the liability limit e tabli hed b tate tatute for I cal ovemmental bodi . uch in ur nee hall -2- specifically insure Lessee against all liability assumed by it hereunder, as well as liability imposed by law, including without limitation any liability for spilling , releasing or disposing of hazardous substances, hazardous waste, hazardous air pollutants or pollutants and contaminants, and shall insure both Lessor and Lessee but shall be so endorsed as to create the same liability on the part of the insurer as though separate policies had been written for Lessor and Lessee . Lessee shall maintain property damage liability insurance in the following amounts: Type Worker's Compensation Employers' Liability Comprehensive General Liability Including blanket contractual Pollution Legal Liability Automotive Liability Bodily Injury Limits $ Statutory $1,000,000/occurrence $1,000,000/occurrence $1,000,000/aggregate liability $1,000, 000/ occurrence $1,000,000/aggregate $1,000,000/person $1 ,000,000/occurence Lessee shall furnish to Lessor, within ten ( l 0) days following the execution of this Agreement, a copy of each of the foregoing policies of insurance or a certificate of insurance showing the amounts of coverage set forth above. Lessee shall give at least thirty (30) days' notice to Lessor prior to cancellation, expiration or modification of any of the above-referenced insurance coverage. l 0. Environmental. Lessee shall not use, store, manufacture , spill , release or dispose of, or in any manner bring upon the Property, any hazardous or toxic substances, hazardous constituents, pollutants or petroleum (including crude oil or any fraction thereof), including hazardous or toxic substances, hazardous waste, hazardou s air pollutants, or pollutants and contaminants as such terms are defined in the Comprehensive Environmental Response , Com pen sation and Liability Act (42 U.S.C . § 9601 , et seq.); the Resource Conservation and Recovery Act (42 U.S .C . § 690 I et seq.); the Federal Water Pollution Control Act ("Clean Water Act" or "CWA") 33 U.S .C. § 1251 , et seq.; and the Clean Air Act ("CAA") 42 U.S .C. § 7401, et seq. Notwithstanding the forgoing , operable automobiles, trucks , tractors and equipment containing gasoline and motor oil in their engines and associated tanks , and gasoline in containers not exceeding five gallons, may be sto red o n the Property to the extent consistent with Lessee 's land sca ping busine s. -3- . . 11. Compliance With Laws. Lessee shall obtain any and all government approvals required for Lessee 's intended use and occupancy of the Property. Lessee shall promptly comply with all laws, ordinances, rules, regulations , requirements, orders and directives of the federal, state, or local governments and of all their departments, agencies , bureaus and subdivisions, applicable to and affecting Lessee's use and occupancy of the Property. Lessee shall correct and abate all nuisances, violations or other grievances in , upon or connected with the Property. If any federal , state or local governmental authority, having jurisdiction over the subject property, requires any improvements or corrective action be made to the Property as a result of Lessee's use of the subject property, Lessee shall be solely responsible for same. 12. Default. 13 . Lessee will observe and perform all conditions and agreements herein set forth to be observed and performed . If default be made by Lessee in payment of said rent, or if default in performance of other conditions and agreements be made by Lessee, and such non-monetary default shall continue for a period of ten days after written notice of such default provided by Lessor to Lessee, then in either case, in addition to any other remedy Lessor may have against Lessee, Lessor may terminate Lessee's right to possession under this Lease and to re-enter and repossess the Property and remove therefrom any personal property belonging to Lessee, without prejudice to any claim for rent or for the breach of covenants h e reof. Miscellaneous. a) In the event of any dispute arising under the terms of this Lease, in the event of nonpayment of any sums arising under this Lease, the party prevailing in such dispute shall be entitled, in addition to other damages or c osts, to receive reasonable attorney 's fees as ordered by a court. b ) c) d ) Should any provi s ion of this Lease v iolate any federal , state or local law o r ord inance, that provision shall be deemed amended to so c omply with suc h law or ordinance and shall be con strued in a manner so a s t o comply. When used herein , the singular shall include the plural , and the use of any g ender shall apply to both genders. All notices , demands , or other writings in this Lease provided to be gi ven or made or sent, or which may be given or made or sent, by either party hereto to the other, shall be deemed to have been fully given or made or sent when made in writing and deposited in the United States mail , c ertified, postage prepaid , and addressed as follows : -4 - I I I I I I I I I I I I i : • I' i i ' I I I I LESSOR: The Trust for Public Land 1410 Grant Street #D210 Denver, CO 80203 Attn: Hillary Merritt With a copy to: Peter N. Ives The Trust for Public Land 1600 Lena Street; Bldg. C Santa Fe, NM 87505 LESSEE: Ronald Koch 7126 Pineview Dr. Littleton, CO 80125 The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by such party as above provided. d) The waiver by Lessor or the failure of Lessor to take action with respect to any breach of any term, covenant, or condition herein contained, shall not be deemed to be a waiver of such term, covenant, or condition; subsequent breach of the same; or any other term, covenant, or condition. The subsequent acceptance of rent hereunder by Lessor shall not be deemed to be a waiver of failure of Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of such preceding breach at the time of acceptance of such rent. e) This Lease shall be binding on the parties, their personal representatives, successors and assigns. -5- f) The parties acknowledge and stipulate that Lessor contemplates and intends to assign all of its rights, title and obligations under this Lease to the City of Englewood, City of Littleton and South Suburban Park and Recreation District. The parties stipulate and agree that Lessor may so assign its interests . g) Lessor shall have the right at any reasonable time upon telephone notice to Lessee to enter upon and inspect the Property to confirm compliance by Lessee of the terms hereof. Additionally , Lessor shall have such right without disturbing Lessee's regular business to enter the property for the purposes of surveying the property for future use. LESSOR: LESSEE: THE TRUST FOR PUBLIC LAND RONALD KOCH ~- -·- l E X H • :·~·:••. :'..:.. • ~~;; •.:.: :.:: .:•, ,:,-,~ \ ;0•, ,•';,.''I',,:,• ,,.':•' 'I • ,: •• ,,,.· .. :. •• ;i.'.,:: ... · ................ ,::::/.·.•.•,·, /•: •. •,•.•: .......... ·· .: ···:·,::,··.'•:::;:·::.,; .... ;,._.· . ··: d. EXHIBIT TO LEASE Englewood Property Description Parcel B : Parcel ofland lying in Section 9, Town ship 5 South, Range 68 West of the 6th Principal Meridian, County of Arapahoe, State of Colorado, described as follows: All of that p01iion of real prope1ty in said Sectio11 9 lying Southeasterly of the Easterly line of the Platte River Rechannelization as shown on the Platte River Channel Improvement Map by the U.S. Anny Corp of Engineers, Drawing No. PCC1-40E-4.1, dated Ja.nuaiy, 1969, to the centerline of the South Platte River as existirig in October, 1985, the boundaiy is more particularly described as follows: Beginning at the Southwest comer of said Section 9; Thence North 00° 17'22" East along the West line of Section 9, a distance of 1103 .85 feet to a point in the center of the South. Platter River as existing in Octo~er, 1985, said point being . the True Point of Beginning; Thence North 00°17'32" East along the West line of Section 9, a distance of 60.00 feet to the Easterly line of the Platte River Rechannelization as shown on the above mentioned Anny · Corp of Engineers drawing; · Thence along a curve to the left, said curve having a central ai1gle of 19°06'21", a radius of 1604.40 feet, a.11 arc length of 535 .00 feet, a chord length of 532.35 feet, and a chord bearing North 35°35 '56" East to a point in the center of the South Platte River as existing in October, 1985; Thence following th c ntcrline of tbe South Platte River as existing in October, 19 85, the following tlu· c ur and distances: a. •u0 t, a distance of 374.49 feet; b . 1 1e to th e right, said curve having a central angle of 114°15'00", a r us . 4 . t, 1 arc length of309.75 feet, a chord length of260.75 feet, and a hor b ming uth 4 °10'50" West; c. Th n rth 73 40' 14" West, a distance of 171.82 feet to the Tiue Point of LP. llU1111p . w1ty t t of olorado. I T A p a g e 1 .._J...~...;:c ·· ·.<.>-.. ;.,,:~· :~}:·.:·. - ALTA/ACSM I.AND TffiE SURVEY · OXBOW LOCATED IN THE SE 1/4, SECTION 8 AND T HE SW 1/4,SECTJON 9, T.5 S, R. 68W. OFTHE6TH P.M., CITY OF UTTI.ErON, COUNTY OF ARAPAHOE, COLORADO ·. ',', ,._f> ' ··--~'' ' ..... ..,.,..,.._..._, ,,. ' .. -., ' 5-i ,6 ~' l •, ' '\ "'~ . V' .. . l \!.. 'Ii • , .. ~.,·/·· ··,)f~ """"""'~~·-.1:_,,I_'!:~'.'.~~ •- ... :.'ti,,. .... ~ ·, ' . 'r',1~- .. "1'· .. ' .. ', ' ~-:', :· .. ' '4tli. ~2t'llln"' -• pc~ • II t • n . ; i ! I ~ ........ ~ x~=~~----·-- '/"'"':::, .····. \~\?tr·\ . -,. _ .... -.. _ -.. ! ....... · ....... \ . ,111,·. +~~;;::~~:~,~' ----............... --·. --•C...-CI .'-.... ............... ' ................ ...... . _,....,. ............ .::: .... __ .. ~ LEGEND .. -to~'O!VC ---.......... _ © AJ.T'\."A(,... IAMITitl.h!R.llit\"t.1" o~.._"". Jt*:,,O_,, .. u.,n::utiu-.t1s.:t1a R NJrr ?Of? ~~ N <D <O lll'O tx1 :>< :r: H to i-1 8 8 0 L' l:tj :i:,, (/) tx1 -f-9--IXII ORDINANCE NO. SERIES OF 2007 BY AUTHORITY COUNCIL BILL NO. 47 INTRODUCED BY COUNCIL MEMBER WOODWARD AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED AMENDMENT TO ARTICLE XV, ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT-1981, SECTION 137:5 "Subjects for collective bargaining" AND THE ADDITION OF A NEW SECTION 137:9 "Deductions allowable from payroll compensation" OF THE ENGLEWOOD HOME RULE CHARTER. WHEREAS, Michele Austin, Ben Aycrigg, Ann Margaret Aycrigg, Cynthia Webb and Phil Webb have submitted an initiative petition; and WHEREAS, the Englewood Home Rule Charter and State Statutes provide that this matter be forwarded to the Englewood City Council after the City Clerk certifies the validity and sufficiency of such initiative petition; and WHEREAS, the Englewood City Clerk has certified the validity and sufficiency of the initiative petition; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. There is hereby submitted to the registered electors of the City of Englewood at the next scheduled municipal election on November 6 , 2007 a proposed amendment to the Home Rule Charter of the City of Englewood, to read as follows : Question No. Shall Article XV, ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT -1981, of the Home Rule Charter of the City of Englewood, Colorado be amended by changing Section 137:5 and by adding Section 137 :9 as follows : 137:5 Subjects for collective bargaining. (a) Mandatory Subjects. The City and the certified employee representative shall have the mutual obligation to negotiate and bargain in good faith over the following mandatory subjects: wages, hours, vacation, insurance (contribution levels and levels of benefits only), holidays, administrative leave, personal leave, military leave, disability leave, funeral leave, ewes e9'1welieft , grievance resolution procedure (including costs and expen e a sociated therewith), non- State or Federally regulated or mandated pension or retirement provi ions (contribution levels only), over-time pay fonnula , work unifonn pro Lion , acting pay, longevity, tran fer procedure, procedur fi r u pen ion, dernoti n and di charge, and education incentives . That the maintenance of benefit hall -1- 11 b ii also be considered a mandatory i-ubject under this Section for the period covering up to and including December 31 , 1984, after which it will become a permissive subject . (b) Non-Negotiable Subjects . The following subjects shall be excluded from collective bargaining as non-negotiable subjects of bargaining: any subject pre- empted by State or Federal law or by City Charter; State or Federally regulated or mandated pension provisions; administration of insurance programs, selection of insurance carrier including sel f-insurance; matters delegated by Charter to any board or commission of the City; all matters relating to classification, recruitment, hiring, examination and certification of appointment to a position and appeals based thereupon; promotions out of the bargaining unit. (c) Permissive Subjects. Collective bargaining upon any other subject (i.e., not mandatory or non-negotiable) is permissive and may be conducted if mutually agreed to by the parties. 137:9 Deductions allowable from payroll compens!ltion. No payroll deduction shall be taken from the payroll compensation of any employee except for deductions required by Federal Law ; judicial liens and garnishments, including court-ordered child support , domestic support and maintenance obligations and payments ; deductions for employee benefits and pensions as established by law for such employee; and deductions for contributions to charities and organizations exempt from Federal In come T ax under Sec. 501(c)(3) of the Internal Revenue Code of 1986 . Provided that , an y such employee authorizing a charitable deduction shall provide written authorization consenting to such charitable deduction , at least annually . A charge may be assessed to a charitable organization that receive the benefit from the payroll deduction to offset the cost for this service . ___ Yes ___ No Section 2. Each elector voting at said election and desirous of voting shall indicate his/her choice by depressing the appropriate counter of the voting machine r by the appropriate marking upon paper ballots where used . Section 3. The proper officials of the City of Englewood hall give notice of id next scheduled municipal election, such notice shall be published in the maMer and for the length of time required by law, and the ballots cast at uch election hall be can a ed and the result ascertained, determined, and certified a required by law . Section 4 . Only if the question is approved by the regi tcred cl t rs of the ity f Englewood hall the Article be amended and the hartcr, a mended. certified to the retary of tate. -2- Section 5. If any section, paragraph, clause, or other portion of this Ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this Ordinance. Introduced, read in full , and passed on first reading on the 6th day of August, 2007 . Published as a Bill for an Ordinance on the 10th day of August, 2007 . Read by title and passed on final reading on the 20th day of August, 2007. Published by title as Ordinance No._, Series of 2007, on the 24th day of August, 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 the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 2007 . Loucrishia A. Ellis -3- COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 20, 2007 11 Ci Denver Intergovernmental Agreement -Transfer of Water Service for 2270 and 2275 West Chenango Avenue Initiated By: Staff Source: Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The original Intergovernmental Agreement for Transfers of Water Service between the City of Denver and the City of Englewood was passed by Council October 1, 2001. RECOMMENDED ACTION The Engle w ood Water and Se w er Board, at their August 14, 200 7 meetin g, recommended Council approve by Re solution use of the ex istin g Intergo vernm ental Agreement for the Tra nsfer of W ater Serv ic es to allow the Santa Fe Driv e Bus iness Cente r lo ca ted at 2270 and 2275 W est Chenan go Av enue (approx imatel y 4900 South Santa Fe Drive ) to connect to Denv er Water. The Water and Se w er Board also recommended that the Director of Utilities be appointed to sign such transfers in the future to streaml ine the process . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED O RIX Prime West, owners of 2270 Wes t Chenango Avenue, Buildi n g E and 2275 West Chenango Avenue, Building D, are requesting th at Eng lewood all ow Denver Wat er to provide wa t er service to these two buildings located in Englewood. The majority of this development is in the City of Littleton, already served by Denver Water. Attached is a letter dated July 31 , 2007 from ORIX Prime West requesting to connect to Denver Water, a letter dated October 21 , 2005 from City of Englewood to Denver Water requesting Denver to serve this site under the existing agreement, a letter dated July 24, 2007 from Denver Water to Englewood agreeing to serve water to the entire site, per the existing Intergovernmental Agreement for Transfers of Water Service between the City of Denver and the City of Englewood and a memo dated July 31, 2007 from Nancy Reid , Assistant City Attorney that discusses appointing a representative to sign future water transfer agreements. In the original "Intergovernmental Agreement -Transfers of Water Service," it is stipulated in the agreement, "the transfer must be approved by Englewood's City Council or their designated representative ...... " It is requested that City Council allow the Director of Utilities be allowed to sign these gr ement to e pedite tap transfers for both parties in future, similar situations. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Letter dated July 31, 2007 from ORIX Prime West Letter dated October 21, 2005 from City of Englewood to Denver Water Letter Dated July 24, 2007 from Denver Water to Englewood Memo dated July 31, 2007 from Nancy Reid, Assistant City Attorney Intergovernmental Agreement -Transfers of Water Service Resolution 0 ( July 31, 2007 Mr. Stu Fonda Director of Utilities Clty ·of Englewood 1000 Englewood Parkway Englewood, CO 80110 ORIX Prime West Littleton, LLC 1873 S. Bellaire Street, Suite 500 Denver, CO 80222 RE: Santa Fe Drive Business Center -Water Service Dear Mr. Fonda; As Administrative Member of ORIX Prime West Littleton, LLC (property owner) and pursuant to your letter to Chips Berry of Denver Water dated October 21, 2005 (copy attached), please infonn your board that Denver Water will providing services to the two buildings on our site that are located In Englewood. The location of this development Is at Chenango and Santa Fe and the legal description of the effected parcel Is : Lowe 's of North Littleton Filing #2 , Lot 1, Block 1 -A site plan Is attached for your use . As you are aware, construction for this development has already begun. Englewood's quick response to this agreement Is appreciated. Please do not hesitate to call me should you have any questions. Administrative Member .. - 0 C OCT 2 5 2005 T y 0 F ENGLEWOOD October 21, 2005 Chips Barry Manager of the Denver Water Department 1600 West 12m Ave. Denver, Colorado 80254 RE: South Santa Fe Drive and West Bel1eview Avenue/ Future Commercial Site Dear Mr. Barry: The City of Englewood Development Review Team is currently in the process of reviewing the above planned development that will require water and sewer service to the buildings within the project. This commercial site is to be situated on the west side of the 4900 block of Santa Fe Dr. which is south ofW. Chenango Ave . and north of the future Lowes project off of Belleview Ave. (Please refer to the attached map) The referenced site is divided between the City of Englewood and the City of Littleton . Sewer will be provided to the development by the Littleton Interceptor Sewer Line . It is the City of Englewood Utilities Department's position that either the entire location be provided water by the Denver Water Department or by the City of Englewood; not partially by Denver and partially by Englewood . Given the fact that the bulk of this site lies within the City of Littleton boundaries, Englewood is requesting that Denver assume the responsibility for being the water purveyor for this entire development project. We are asking that you respond to this formal request in writing at your earliest possible convenience . If you have any questions or concerns specific to Utilities for this site, please contact Jim Veryser in the City of Englewood Utilities Dept. at 303-762-2646 . All other general questions should be directed to Anthony Fruchtl in the City of Englewood Community Development Department at 303 -762-2345 . Sincerely, Stu Fonda Director of Utilities 1000 En ood P rkw y En ewood, Color do 80110 Phone 303 ·762-2300 ·r,'• Cc: Anthony Fructhl, C.O.E. Jim Veryser, C.O.E. Fred Bromberger, City of Littleton Utilities Engineer Ben Woolf, Prime West Development 2 i1 1: ,I " I Ii 1 I t ' •I .- l~t'.:. I ··:-:.- ,,.,. te,L.r --r i I:! \. ----------·-----~---~ ~~;-:=----'-~-= .. - AlleNUI JUL/19 /2 007/THU 09:45 AM Denver Water Sales ,/ / / /~ / I / I / /;' ,,I I 100 0 SCALE 1 : 1,622 I 100 FEET I ---1 200 FAX No. 3036286046 P. 004 300 90 ~ 120 60' , .. ""' • YDJ..OW , LS. NO. 27808 ID) anttlll'IIS( l •, _.41,. __ ,.._,_.mulll.lP~ -'"~ --• >, ------------ICCOIONEII""-·''· ~v;:,-~1 -°' SlCTION I . T .. , lt.lMr., • o, 1M1 ,,:,::.~'1)UND J t ,• or f«~~ :c,11• o.o.t. CM' L-a. · I / .: .... -_, . .., .... -~-I ) I 1.ilTf, lltx:Kf, I.OWE'SOFNOR11f l./11U1DIN Sl.e/llll//$IIQ l'lf.ll/t1 Ml I I U/#IUTTBI , , WEST CHll!NANOO AVENUE / --U1lt --~ 20 lO (IO'~ 0.0.W.) _ SO 20~0.w. I -~~~ S00"22'06"W 928.50' I ,•es.24 CITY-~ -.J _ -------------7 ~;----20' U'l'I.ITY EASEMENT -~.:..:.:~.:..:.:---~~t -----.'..""~~-:_c:o~----------r ----~~.-------. ~ I 20' ~·1\ ~toU:M[NTI cf I SEPAAAT£ OOCUM[NT) I ,v. 'I\.,. ; I ~ " I t I LOJ.,l,• ~~ 1 ' k : 2.G217 ACOCS Ji I 4-15'57 '47" I R•155.19' I .,,._,.l;~;~{ I 4 .t ' 20' 0.0 .T. [A5(1,1£NT (RC C. IAS8034~1 ) (REC. I A11106&4) 297 ,07' I ~,-------- ',''-....'', ---~ .... .!.~~::--- ' ' ' :', " ', ' ' ' ..... ..... '-....... ..... ............ ~ ' - £.AST LM or 1 l .H .. illl ,I 46 .28 ~· SANllARY SEW(11 EASE MENT - (CON\IEYCO 10 THC CITY LmLCTON BY S[P.\RATC D0CUM£PIT) ' ' ' ' ' ,"... ', LOT a, a ', .. '"-.., 173.211 SQ ', " .. ', 3.1791 ', \ \ \ ' \ I I >()' \ \ I l/Jorun (_J,. .. ~: \ \ \ SEI I , I \ \' \ ' ' ' ', ',"' ,, LOT 3 , LOCI( 1, 108,I~ UAR( FUT 2.!tO 2 ACMS : ~ r. 1~:._s:.J,:. SOUTH 1/11 COR NER I OF ntE 6TH P.M . (FOUND 3 1/4'" or SECTION •• 'f.&s .. R.IIW .. + ~AAN~BO~ LS. NO. 16311 OF THE llWF~(~ · ------~ --N00'22'0i"£ "'Teai7" -------509.! ~---------~-- JUL /24 /2007/TUE 02 :24 PM Denver Water Sales DENVER VVATER 1600 West 12th Avenue• De1lvet, Colorado 80204·3412 Phone 303-628-6000 • Fnx No. 30.l-628-6199 , www.denverwaler.ori; July 24, 2007 Mr. Sn1 Fonda Director of Utilities, City of Englewood 1000 Englewood Parkway Englewood CO 80110 FAX No . 303628604 6 RE : Santa Fe Drive Business Center: 2270 & 2275 W Chenango Ave. Dear Mr. Fonda: On October 21, 2005 you sent a letter to Chips Barry, Manager of Denver Water regarding water service for a development in the 4900 block of S. Santa Fe Dr. The property is now being developed and Denver Water has water plans on the site. P. 001/001 As a majority of the development lies within the City of Littleton (Total Service Contract 14), Denver Water agrees to serve water to the whole site pursuant to the September 4, 2001 Intergovel'Iimental Agreement. Sincerely, G.T. Malmberg Jr. Sales Administrator Denver Water .) l ( MEMORANDUM TO: FROM: DATE: Stu Fonda, Director of Utilities Bill McCormick, Utilities Operations S\Kfurintendent Cathy Burrage, Utilities Department ·~j) Nancy Reid, Assistant City Attorney /{P. 'J.--, July 31, 2007 REGARDING: Your inquiry on the necessity of taking'transfer of water service agreements to Council. The transfers of water service between the City and the Denver Water Board was authorized under Ordinance No. 59, Series of 2001. The Ordinance adopts the Intergovernmental Agreement on transfers of water service. The Agreement itself provides: • Paragraph 1 -" ... The transfer must be approved by Englewood's City Council or their designated representative and the Manager of the Denver Water Board, using a form to be developed by the two parties." There is no evidence that the Englewood City Council has designated someone to sign those transfers instead of the City Council itself. Therefore it is recommended that this go to Council. There also does not appear that a form has been developed for such transfers . If you feel that this process would be streamlined by having a designated representative appointed to do such transfers in the future . I would recommend that you include that in your Council Communication so that the Ordinance as states would approve this transfer and to appoint someone, either the City Manager or the Utilities Director to sign these agreements in the future. NNR/NF JUL /1 9/2007 /THU 09 :44 AM Denver Water Sales FAX No. 3036286046 . ... .. .. "' "'~ :• ...... \'. Thia Interpffllm~tal Agreemezi.t IS entered into tllb ~ da, of Oy.~'t,e(-- ....... -2001, between the City and Coun\y of Deaver, acHrig by md tbroagb ii.s&irdciwat!lr Commf.ssuaners rsc,ard"}, a i:m.mie1pal carpora.tion of the state of Colon.do, md the C1\T of ~ ("Englewood1, a munic:lpaJ corporation of the State of Colorado. WHEREAS. the Board opera.tes .. munidpal water sum systc:m that provides ........ to cuat.Mvn tn the Board'a Combined servsce Area: and , WHEREAS,~~ a munic:lpl .... 1\Jpp)f aymm tbat provides water~ ltll l'ellklent& and others. u detmmined by Enilewoocr• City CO\IDdl: md WHEREAS. a portion af Enc1ewood's ec:mcc arc:.. lies withm tbc Board'& Combined Scmce Area, so that tbe two service areas ovvlap tn 50Dle areas and also .share common boWlda.Jy lmes; and 'WHENtAS, 1n those overlapping areas and 1n cm1&in aza.s :aesr thoee ccimman boundaiy lines, customers loe&tcd -.tthin Etlg1ewood's or !:be Board's sentce area. respectiVely, cCJU!d be served mo?e emctently by facllttles owned by the otbcr entity; and WHEREAS, the trwri=r afwater-aer1/i~ for certain C\Jltomeni from one mi.tlty to the otber would eUmtnatc the need for ezpenatve and duplicat:lve ibt:dbutlau fac:llitles and would also provide better service to those cuslDmmi: and WH&R!'A'5. cooperation among local iovmuneats to provide aemcea is imcouraged by Article XXV, secttoo 18(2)(aJ of the Colan.do ConltituUon: and WHERF.AS. Eoglcwood and tbe Board Wish to provide a mecbanism to accompl!ah the tnmmr oi watier scrYfcc of cmtomcn between tbe two ent1Ues ~ &Uch IL tnmfer would be mutually be:oenclal. NOWTHEREPORE, ~ and die Board ape u foDows: L 2. s. Tr,;J,,fcr of :water Seryts;c. The tramfer of tape from water wnae proYided by Eollewood or the Board tD water aecY1c:c prOY1dad by the other cm.Uty la hc:rcby auibomed. 'nle transfer mu.et~ ~:pproved by l!'.ngleftod', ~ Coum:fl or their dKlpWBd .reprc11Cr1tati'Yc and the Manager of 'the t>enver Watllr Board. ustn& a form to be develaped by the two parties. J):anefm::lo• Enttty. T1le tranafan:1Q( entllf Will be respomlble t'or pro91dm, nottae ID the cu.tamer whoae tap 1e ~ tnmfcm::d md fair ttic coat a! p~ ooanectioa. requtrcd to al1aw water t.o be aupplled b)' tbe ~Ct!MDC emtty. 'Jbia aball taclude the ttansfet ~ e:idat1ng ntar meten. RqgMpg Ent!l;i. Afu::r the phyatcal connect10n 11 c:omplemd. the recel~~ will pro,lde water semce to the tn.naferrcd tap , and bdl the customer . P. 002 JUL /1 9/2 007 /THU 09 :45 AM Denver Water Sales FAX No . 3036286046 P. 003 ? • ~. I . ; 7. ATI'EST: ElmJmt pf'Tap bes, It ta~ that the Board and !'.aglnQod wm 11llmfer cuatmmn bt:twm ~ on numerous occu&mul, and thatparrmmt of tap l'eu tor each 1nmacbon would be bun1rm. "lben:b,:, the pa:t1es aaree 11o pcmmn. an ammal ncrx,cObd:km tc determme If estbll' pu11 awes Tap fees tD the Dtber. At the md d cac1:& calcn.dar ye..r in whtcli water gemce ba6 bem U'aDICm'ed under tbla ~ tba Boud and ~ad 1'111 cmmrt tbe tapa each bu transferred into S/4 mch cqutnlents, a~ to the table ettwcbed u E.xb1btt A. !! one mUt;y bu tnDdrred aiore equ19a1ea.b than the other, theD tbat c:nt1ty will pay the thcn- cumat tap fee chmgcd by the other fer the number of c:iccese 3/ 4 Inch equlvalenta. 6mdCDmcnt. Ndther ~ aball USiF my or tt. t'1ahb and dutlcs nnder tb1a Agnemmt wttbout the wdt:ten canacnt of the other part;y. Applcahk Laws. ~~•hall be ~d by a.ad shall be crmatrw,d In a.coordance 'Wtth the Coaautuuon and la.wa of the State of c.olorado. 1:«mo1net1on "l1dll ADecmcnt shall rrmam. m !Drce until tenmnatlcn by c:fthcr party with mty (60) cfays' not:1ce. . ctlY AND COUNIY OF DENVER. Act:ui& by and throu,h Im BOARD OF WATER COMMISSIONERS REGISmRED AND COUNl'EBSIGNEO: Donald J . Ma:a. Auditor C!v and Countf of t:>emer APPROVED: sr.~Jo#· aIY OF ENOL&WOOD RESOLUTION NO . SERIES OF 2007 A RESOLUTION AUTHORIZING THE TRANSFER OF WATER SERVICE AT THE LOCATION OF 2270 AND 2275 WEST CHENANGO AVENUE TO CONNECT WITH DENVER. WHEREAS , the City of Englewood City Council authorized an intergovernmental agreement which would allow the transfer of water service between the City of Englewood and the Denver Water Board by the passage of Ordinance No. 59, Series of2001 ; and WHEREAS, ORIX Prime West, the owner of2270 and 2275 West Chenango Avenue has submitted a request for Englewood to transfer responsibility for the water service of this location to the Denver Water Board; and WHEREAS, the Intergovernmental Agreement of Ordinance No. 59 , Series of 2001, stipulated that "the transfer must be approved by Englewood 's City Council or their designated representative ... " however; no representative has been designated; and WHEREAS , the passage of this Resolution will transfer the responsibility for water service to 2270 and 2275 West Chenango Avenue from Englewood to the Denver Water Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The City Council of the City of Englewood, Colorado hereby authorizes the transfer of water service for 2270 and 2275 West Chenango Avenue to Denver. Section 2. The Director of Utilities shall be authorized to sign future water transfer agreements in order to expedite water transfers for both parties. ADOPTED AND APPROVED this 20th day of August , 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 . Loucri hia A. Ellis, City Clerk (_ COUNCIL COMMUNICATION Date: Agenda Item: Subject: August 20, 2007 11 C ii Resolution in support of the City's GOCO grant application for Duncan Park acquisition funding Initiated By: Staff Source: Parks and Recreation Commission Jerrell Black, Director of Parks and Recreation Gary Hultberg, Recreation Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance# 35, Series of 1978 -Intergovernmental agreement between the City of Englewood and Englewood Schools for the lease of Duncan School/property for park and recreational purposes. Council Bill No. 41, Series of 2007 authorizing a Contract for Deed for the purchase of Duncan Park located at 4846 South Pennsylvania Street between the City of Englewood and Arapahoe County School District No. 1 (Englewood Schools). RECOMMENDED ACTION Staff recommends that Council approve the attached Resolution supporting the City's grant application to Great Outdoors Colorado for Duncan Park acquisition funding. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City Council has approved a Contract for Deed for the purchase of Duncan Park from Englewood Schools . Council has expressed a desire to seek grant funding to support the phased purchase of the property. FINANCIAL IMPACT The City's GOCO grant application will request $200,000 in grant funds with a required City match of 30% -$60,000. LIST OF ATTACHMENTS Resolution RESOLUTION NO. SERIES OF 2007 A RESOLUTION SUPPORTING THE GREAT OUTDOORS COLORADO GRANT APPLICATION FOR DUNCAN PARK ACQUISITION FUNDING. WHEREAS , in 2006 the Arapahoe School District No. 1 [Englewood School District] voted to sell the Duncan Park property; and WHEREAS, the City of Englewood, Colorado has maintained and operated Duncan Park as a community park for over thirty years and is considered a valuable and irreplaceable part of the Englewood park system; and WHEREAS, Duncan Park is the only Park located in the southeast quadrant of the City of Englewood; and WHEREAS , the City's acquisition of Duncan Park is the highest priority for the Parks and Recreation Master Plan and the Parks and Recreation Commission; and WHEREAS , there is community support for keeping this parcel as public lands and free of private development; and WHEREAS , the Englewood City Council committed to using grant and other City funds to acquire the Duncan Park property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood supports the Great Outdoors Colorado grant application for Duncan Park acquisition funding. ADOPTED AND APPROVED this 20th day of August, 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 . Loucri hia A . Ellis , C ity Clerk COUNCIL COMMUNICATION Date: Agenda Item: Subject : August 20, 2007 11 C iii Resolution to acquire property for Big Drv Creek Trail Initiated By: I Staff Source: Department of Public Works Rick Kahm, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved Ordinance No. 18, Ser ies 2006 approving an Intergovernmental Agreement (IGA) with Urban Drainage and Flood Control District (UDFCD) regarding funding participation by the District. Council approved Ordinance No. 31, Series 2006 authorizing a contract with the South Suburban Parks Foundation (SSPF) regarding their commitment to provide matching funds for the project. Staff presented an update regarding the Right-of-Way status at the December 4, 2007 Study Session . RECOMMENDED ACTION Staff recommends Council approval of a resolution c oncern ing the i ntent of the City of Engl ewood to acquire property for Big Dry Creek Trail. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 1994, Englewood, Littleton, and SSPF cooperated in the preparation of a plan to install a bike tra il alon g Big D ry Creek from the S. Platte River to the Highline Canal. A master plan, prepared b y Bob Seams of Urban Edge s, In c., proposed the trail alignment, phasing. and fundraising recommendations. Se ve n se gm ents of c onstru ction have taken pla ce as detailed below: Windermere to Bell eview (Bell eview Park segment) Belleview to Fox (Progress Park segment) Platte River to Windermere Bridge over Platte River Fox to Lehow Avenue (Phase I) Greenwood Point to Washington Street Broadway to Greenwood Point (Phase II) Complet ed in 1997 ($450,000) Completed in 1999 ($200,000) Completed in 2001 ($592,000) Completed in 2002 ($307,000) Completed in 2004 ($520,000) Completed in 2006 ($620,000) Completed in 2007 ($530,000) The Lehow to Broadway segment has been delayed due to right-of-way issues. This is th e only section remaining within the City of Englewood (see attached Big Dry Creek Trail aerial photo map). The South Suburban Parks Foundation (SSPF) took the lead role in acquiring the necessary right-of. way for the trail system . They successfully negotiated the acquisition of nineteen parcels of land between the Platte River and Washington Street. Fifteen of the nineteen parcels were donated. Th other four were acquired through a negotiated payment to the owners. In all of these cases , th SSPF and landown rs came to an agreem nt without ordering form I pprai als or hiring ind p nd nt negoti tor . Th City of Englewood did not play n acti rol in the negotiation . In 2001, the South Suburban Parks Foundation (SSPF) began negotiating with the two property owners between Lehow and Broadway. The SSPF's representatives were not successful. In early 2005, it appeared evident to both the SSPF and Englewood Public Works staff that the negotiations were stalled and not likely to result in a timely acquisition. Englewood recommended formal appraisals be commissioned to establish the fair market value of easements for the trail. SSPF concurred and agreed to pay the cost of these app raisals. SSPF 's hired an independent negotiator who delivered written offers for the full market value to both property owners and continued discussions. These efforts were not successful. At the December 4, 2006 Study Session, staff discussed the status of right-of-way and requested Council's concurrence to proceed with these acquisitions, with the understanding that condemnation proceedings may be required . Council directed staff to proceed. Updated appraisals were ordered and the services of H .C. Peck & Associates were retained to provide professional negotiation services. Informal negotiations have not produced an agreement and H.C. Peck recommends moving forward with the formal acquisition process. Legal descriptions of the property to be acquired by easement purchase are attached to the Resolution. The acquisition from the Liquor Control property (Meister) consists of one permanent easement labeled Exhibit A. The updated appraisal established a fair market value of $54,361. The acquisition from the RWC Parcel (Lehrer) consists of two permanent easements, one for the main trail and one for a ramp up to Broadway, along with one temporary easement to construct the ramp. The fair market value of these three easements total $27,741. Pending Council 's approval of this resolution, the City Attorney's office will retain the services of an attorney experienced in condemnation proceedings to work w ith our negotiators and proceed with acquiring these properties. FINANCIAL IMPACT The UDFCD is contributing $50,000 towards these ac quisitions (Ordinance No. 16, 2006). SSPF is pa yi ng for all oth er o ut of poc ket costs, inclu din g appra is al s, negotiators, attorneys, ease m ent pu rc has e, desi gn , and construc t ion of th e t rai l sys tem b etween Le how and Broa dway (Ordinance No. 31 , 2006). LIST Of ATTAC HM ENTS Big Dry Creek Trail aerial photo map Reso lution RESOLUTION NO. SERIES OF 2007 A RESOLUTION CONCERNING THE INTENT OF THE CITY OF ENGLEWOOD , COLORADO TO ACQUIRE REAL PROPERTY FOR THE PURPOSE OF PROVIDING A MULTI-USE RECREATIONAL TRAIL THROUGH THE UTILIZATION OF THE CITY'S POWER OF EMINENT DOMAIN. WHEREAS , the City of Englewood, Colorado possesses the power of eminent domain pursuant to the provisions of Article XX, § 1 of the Colorado Constitution, Article IV , Part ill, Section 76 of the City of Englewood Home Rule Charter, C.R.S. § 38-1-101 , et seq ., C .R.S . § 38-6-101, et seq ., and C.R.S . § 31-25-201(1); and WHEREAS, the City of Englewood wishes to acquire the easements more particularly described in Exhibit A through D , attached hereto and incorporated herein by this reference (collectively, the "Subject Properties"), for the purpose of constructing and providing a multi-use recreational trail within the City; and WHEREAS , the City Council of the City of Englewood wishes to comply with all applicable provisions of C .R.S . § 38-1-101 , et seq ., including, but not limited to , the notice and negotiation requirements and provisions thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Notice is hereby given pursuant to C.R.S. § 38-1-121(1 ) that the City of Englewood, Colorado , intends to acquire easements of property more particularly described in Exhibit A (collectively, the "Subject Properties"). Section 2 . The acquisition of the Subject Properties serves a public purpose and is necessary and essential to the City 's ability to provide multi-use recreational trails for the res ident s of the Ci ty of Englewood . Section 3. The City Attorney is hereby directed to provide a copy o f this Resolution to all persons who presently own or maintain an ownership interest in the Subj ect Properties notifying them of the intent of the City of Englewood to acquire such property through the use of the City's power of eminent domain . Section 4 . The staff of the City, together with the City Attorney, and any and all persons retained or employed by the City of Englewood in the prosecution of this matter, are directed to comply with all notice and good faith negotiation requirements set forth in C .R.S . § 38-1-101 , et seq ., in the conduct of the within authorized eminent domain actions . Section 5. In the prosecution of the within authorized eminent domain actions, the City shall retain all rights and powers lawfully delegated to it by the Colorado Constitution, the City of Englewood Home Rule Charter, and C.R.S. § 38-1-101 , et seq . ADOPTED AND APPROVED this 20th day of August, 2007. ATTEST: Olga Wolosyn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrisbia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2007. Loucrisbia A . Ellis , City Clerk EXHIBIT A A parcel of land being a part of Lots 1, 2 and 3, Rafferty Gardens, localed in the Northwest Quarter of Section 15, Township 5 South, Range 68 West of the 6th Principal Meridian , Arapahoe County, State of Colorado, being more particularly described as follows : Note: For the purpose of this description the bearings are based on the westerly line of Lot 3 , Rafferty Gardens, also being the easterly line of Lebow Avenue, bea1ing North 63°31 '05" East, 402.48 feet. The southwesterly and northwesterly comers of said Lot 3 being monumented with a l 1 /4" Red Plastic Cap on a #4 rebar stamped WSSI 23524 . Beginning at the southwesterly comer of said Lot 3; Thence No1ih 63°31 '05" East, 106 .83 feet along said westerly line of Lot 3 and said easterly line of Lebow A venue; Thence South 72°57'00" East, 71.23 feet to a point of tangent curvature; Thence along the arc of a curve to the right having a central angle of 12°24' 3 7", a radius of 225 .00 feet , an arc length of 48. 73 feet, a chord bearing of South 66°44 ' 42" East and a chord distance of 48.64 feet to a point of compound curvature; Thence along the arc of a curve to the right having a central angle of07°57'27", a radius of 150 .3 7 feet, an arc length of20 .88 feet, a chord bearing of South 64°31 '07'' East and a chord distance of 20 .87 feet to a point of reverse curvature ; Thence along the arc of a curve to the left having a central angle of 26°05 '25", a radius of75 .00 feet, an arc length of34 .15 feet , a chord bearing of South 80°20'10" East and a chord distance of 33.86 feet to a point tangency ; Thence North 86°37'08" East, 50 .21 feet to a point of tangent curvature; Thence along the arc of a curve to the right having a central angle of 19°53 '28", a radius of 175.00 feet , an arc length of60 .76 feet , a chord bearing of South 86°26'09" East and a chord distance of 60.45 feet to a point tangency; Thence South 73°29'25" East, 35.62 feet to a point of tangent curvature; The:1ce a lon g the arc of a curve to the right having a central angle of 17°50 '22", a radius of 625 .0 0 feet , an arc length of 194.60 feet, a chord bearing of South 64°34' 14" East and a chord distance of 193.81 feel to a point of reverse curvature; Thence along the arc of a curve to the left having a central angle of 72°48' 5 7", a radius of 125 .00 feet, an arc length of 158.86 feet, a chord bearing of North 87°56'28" East and a chord distance of 148 .3 8 feet to a point of reverse curvature; Thence along the arc of a curve to the right having a central angle of 20°07'07", a radius of 125 .00 feet, an arc length of 43 .89 feet, a chord bearing of North 61 °35 '33" East and a chord distance of 43 .67 feet to a point of non -tangency ; Thence North 00°13 '42" West , 26.24 feet to the easterly line of said Lot 1, Rafferty Gardens ; Thence along said easterly line of Lot I, Rafferty Gardens the following courses : Thence South 34°09 '55" East, 58 .71 feet ; Thence South 50°29'55" E ast, 20 .00 feet ; Thence South 79°59'55" East, 23.00 feet ; Thence South 37°59'55" East, 29 .00 feet ; Thence South 59°59'55" East, 20.00 feet ; Thence Sou th 24 °59'55" East, 12 .00 feet ; • HJ.j ,.WO I l'l!,il \I 1q11111 10111101 cln l' Thence South 02°29'55" East, 25 .00 feet ; Thence South 30°00'05 " East, 15 .00 feet; Thence South 54°00'05" West, 15 .00 feet; Thence South 76°00'05" West, 12.00 feet ; Thence South 87°00'05" West, 20 .00 feet; Thence South 75°30'36" West, 28 .07 feet to the northeast comer of Lot 14 , Rafferty Gardens; Thence North 80°55'45" West, 101 .28 feet to the northwest comer of said Lot 14 , Rafferty Gardens; Thence No1th 78°58'28" West, 101 .89 feet to the northwest comer of Lot 13 , Rafferty Gardens ; Thence North 57°59 '40" West, 71.95 feet along the northerly line of Lot 12, Rafferty Gardens to the southeast comer of said Lot 2, Rafferty Gardens; Thence along the southerly line of said Lots 2 and 3 the following courses : Thence North 87°57'09" West, 39 .04 feet along said no1therly line of Lot 12, Rafferty Gardens to the northwest corner of said Lot 12, Rafferty Gardens ; Thence North 67 °12 '19" West, 108 .50 feet to the northwest corner of Lot 11, Rafferty Gardens; Thence North 75°05 '25" West, 41.43 feet along the northerly line of Lot 10, R a fferty Gardens to the southeast comer of said Lot 3 , Rafferty Gardens ; Thence North 78°50' 42" West, 61.13 feet along said northerly line of Lot 10 , Rafferty Gardens to the northwest comer of said Lot l 0, Rafferty Gardens ; Thence North 87°27' 12" West, 100 .10 feet to the northwest comer of Lot 9 , Rafferty Gardens; Thence N01th 81 ° 12' 11" West, l O 1.20 feet to the northwest comer of Lot 8, Rafferty Gardens; Thence North 59°23 '27" West, 116 .68 feet along the northerly line of Lots 6 and 7 , Raffe rt y Garde ns to the P o int of Beginning. Con tai n ing 7 1,983 squ are fee t or 1.65 a cres , more o r less . I hereby certify that the above legal description was prepared under my direct supervision . •!~-,~ .~~\) ;r..•l ,trp~. WSSI Job #: 9494-008 ~ ,.; -;~(1" ~£~,~ Date : March 16, 2005 tJ "~:;,;__ . ~-r~. ~ ··~ -f ~ .,. ·· ·i For and on Behalf of .. f(."ii\~~.23~·-~~ WESTERN STATES SURVEYING, fNC. \_}'~-?~-~' , i• 12753 South Parker Road, Suite 205 ~ · ":?..2-· u~ .,J!:.· Parker CO 80134 .. • .. ;~,,,.~· ~ ····~ .,, .. , · ,;-:_,.I. i.., ~-,., 303-841-7436 Albert V . Valletta ,.Tr . PLS 23524 N Tl E : According to Colorado Law you must com mence any legal action based upon any defi ct in this survey within three years after you first discover such defect. In no eve nt may any action based upon any defect in this survey be commenced more than ten yenrs from the date of th e c rt i fication shown hereon . EXHIBIT NUMBER DIRECTION LI N 6 3'31'05' E L2 s 72'57 '00' E L3 s 7 3 '29'25 ' [ L4 N 00'13 '42' Y LS s 34 '09 '55' E LG s 50 '29 '55' E L7 s 79'59 '55 ' E L B s 37'59'55' [ L9 s 59'59'55 ' E LIO s 24'59 '55' E Lil s 02 '29 '55' E Ll2 s 30'00'05' Y )I 7 L13 s 54'00'05' Y U4 s 76'00'05 " Y ~1·· . ·. "' ,. .. , . . . ------."•t:.r:•.t. !i ':'1.. ',,if,"IJ ),' _'. __ _ DI STA NCE 106 .83 ' 71.23 ' 35.62' 26 .24 ' 58.71 ' 20.00' 23.00 ' 29 .00 ' 20.00 ' 12 .00 ' 25.00' 15 .00 ' [5.00 ' 12.00 ' ' I O' SAMlfART SCWUt U.SC W(Hl IOOI( IJll PAC( IU \,I I ... 11 \ CITY or UT1\.CT OH . NUMBER DELTA ANGLE CHORD DIRECTION Cl 12'24 'J7· S 66'44'42' E C2 26'05'25" S 80'20'10' E CJ 19"53 '28' S 86"26'09' C c~ 17'50'22' S 6'4'J 4 'W E C5 72:48'57' N 87'56'28' E C6 20'07'07' N 61 '35'33' E C7 07'57 '27' S 6-4 '3 1'07' E NUMBER DIRECTION DISTANCE LIS LIG Ll7 LIO Ll9 L20 L21 L22 L23 L24 L25 L26 L27 RADIUS 225.00 75.00 175.00 625.00 125.00 125 .00 150.37 S 87'00'05 " ¥1 S 75'30'36' "' N 80 '55'45' vi N 78'58 '28' vi N 57'59'40' vi N 87'57 '09' vi N 67'12 '19' vi N 75'05'25' vi N 78'50'42' vi N 87'27 '12 ' vi N 01·12·11 · 'w N 59'23'27' v/ N B6'37'08' E I" ILUC f'U,SrtC [#' "4 .. .-c, ... l.S •• ., . 20 .00· 28.07' 101 .28' 101.89 ' 71 .95' 39 .04 ' 108.50 ' 41 .0 ' 61.13 ' 100.10' 101.20 ' 116.68 ' 50 .21 ' 1i'J:·,· ,., ... ,,, .•'Vi. : .. 1)11:• '1J,,., :,· I Iv•• ~U-~TIC;----,_ _____ __, ('~~ .. l[aM L~ ""1 w rcm CMotHs ..i •• ARC LENGTH CHORD LENGTH •8.73 48.6 4 3 4.15 JJ .86 60.76 60 .4 5 194 .60 1n.81 15 8.86 148 .38 4 3.89 43.67 20.88 20 .87 ,. . D U IIO )00 ~-..-...yJ ! SCAl.C : 1• • IIO 00' 1...--------------· ctn LIMlfl (Prtl USCSIOH ... ,.,, RArrERY GARDENS AVENUE (50 ') NOTE : THIS DOES NOT REPRESENT Q W N ER: A MONU MENTED SURVEY . IT IS INTENDED ONLY TO DEPICT THE LIQUOR CO NTROL, INC. AliACHED DESCRIPTION . SOUTH PARKS SU BURBAN FOUNDATION NO . 0 I O! CO MM IT EXHIBIT B A parcel of land being a part of Lots 15, 16 and 17, Rafferty Gardens, located in the Northwest Quarter of Section 15, Township 5 South, Range 68 West of the 6th Principal Meridian, Arapahoe County, State of Colorado, being more particularly described as follows: Note: For the purpose of this description the bearings are based on the westerly line of Lot 3 , Rafferty Gardens, also being the easterly line of Lehow Avenue, bearing North 63°31 '05 " East, 402.48 feet. The southwesterly and northwesterly corners of said Lot 3 being monumented with a 1 1/4" Red Plastic Cap on a #4 rebar stamped WSSI 23524. Commencing at the northwest corner of Lot 15, Rafferty Gardens also being the northeast corner of Lot 14, Rafferty Gardens; Thence along the westerly line of said Lot 15, Rafferty Gardens the following courses: Thence North 75°30'36" East, 28.07 feet; Thence North 87°00'05" East, 20 .00 feet; Thence North 76°00'05" East, 12 .00 feet; Thence North 54°00'05" East, 15 .00 feet; Thence North 30°00'05" East, 15 .00 feet; Thence North 02°29 '55 " West, 25.00 feet; Thence North 24°59'55" West, 12.00 feet; Thence North 59°59'55" West, 20.00 feet; Thence North 37°59'55" West, 23.04 feet to the Point of Beginning; Thence continuing along said westerly line of said Lot 15, Rafferty Gardens the following courses: Thence North 37°59'55" West, 5.96 feet; Thence North 7 9°5 9 '55" West, 23 .00 feet ; Thence North 50°29'55" West, 20 .00 feet ; Thence North 34°09'55 " West , 58 .71 feet; Thence leaving said westerly line of said Lot 15, Rafferty Gardens North 89°57'50" East, 259.72 feet to the westerly line of that tract of land as described in Book 1077 at Page 526 of the Arapahoe County Records ; Thence South 26°32' 1 O" East, 67.39 feet along said westerly line to a point of tangent curvature; Thence along the arc of a curve to the left having a central angle of 00°31 '45", a radius of 254.20 feet, an arc length of2.35 feet, a chord bearing of South 26°48'13" East and a chord distance of 2.35 feet to a point of non-tangency; Thence North 82°56'55" West, 44 .55 feet to a point of tangent curvature; Thence along the arc of a curve to the left having a central angle of 27°08 '36", a radius of 70 .00 feet, an arc length of 33 .17 feet , a chord bearing of South 83°28 '47" West and a c hord distance of 32 .86 feet to a point of reverse curvature; Th nee a long the arc of a curve to the right having a central angle of 30°42 '55", a radius of 206 .64 feet , an re length of 110 .78 feet, a chord bearing of South 85°15'53" West and a ch rd distance of 109 .45 feet to a point of reverse curva ture ; Thence along the arc of a curve to the left having a central angle of 17°39'49", a radius of 70.00 feet, an arc length of21.58 feet, a chord bearing of North 88°12'34" West and a chord distance of 21.49 feet to a point ofreverse curvature; Thence along the arc of a curve to the right having a central angle of 00°07'03", a radius of 4303.19 feet, an arc length of8.82 feet, a chord bearing of South 82°35'57" West and a chord distance of 8.82 feet to the Point of Beginning. Containing 16,598 square feet or 0.38 acres, more or less . . I hereby certify that the above legal description was prepared under my direct supervision. WSSI Job #: 9494-008 Date: March 16, 2005 For and on Behalf of WESTERN STATES SURVEYING, INC . 12753 South Parker Road, Suite 205 Parker CO 80134 303-841-7436 Albert V . Valletta, Jr. PLS 23524 NOTICE: According to Colorado Law you must commence any legal action based upon any defect in this survey within three years after you first discover such defect. In no event may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. .i .. ,··· / .i : i/ o ~o· / 100 200 ~--------------------- EXHIBIT .... I.OT I S /·· / ' ,,x~' ' /' ·. '-.' ' \ .. ' ' NUMBER L28 L29 L30 L31 L32 L33 L34 L35 L36 L37 DIRECTION DISTANCE N 75'30'36' E 28.07' N 87'00'05' E 20.00' N 76 '00 '05' E 12 .00 ' N 5-4'00 '05' E 15 .00' i N 30'00 '05' E 15 .00 ' ! N 02 '29 '55' 'vi 25.00' I N 2-4'59'55' vi 12.00 ' I N 59'59'55' vi 20 .00 ' N 37 '59'55' vi 23.04' : N 37'59'55' 'vi 5 .96' ' I ~-.; I ~. ,. -100.00· I , I I I, l / \ .. // ,// / / · ............ \.\ .. r···t >- L38 L39 L40 L41 L50 ' N 79'59'55' 'vi 23.00 ' I N 50'29 '55' 'vi 20 .00' I N 3-4'09 '55' 'vi 59 .71 ' : S 26'32'10' E 67 .39 ' N 82 '56'55' 'vi ,4,4,55 ' : LOT LOi 13 I I • I I \ \ ·._..,,,/ / ......... ..·· LOT 14 NUMBER DELTA 'ANGLE C9 00'31'-45' CIO 27'08'36' Cll 30'42'55' C12 17'39'49' C13 00'07'03' LOT 15 RAFFERTY GARDENS CHORD DIRECTION RADIUS S 26'-48'13' E 2:)-4 ,20 S 83'28'-47' vi 70.00 S 85'15'53' 'w 206.6-4 N 88'12'3'4' 'w 70.00 S 82'35'57' 'w -4303 .19 LOT 16 1ARC LENGT,H e ,35 I ::33.17 I 110.7 8 21.58 '8 .82 : ' ' LOT 17 LOT 18 CHORD UENGTH 2.35 i 32 .86 I 109 .-45 ' 21 .49 i 8 .82 I CITY LIMITS (PtR ASSESSORS MAP) RAFFERY GARDENS AVENUE (50') NOTE : THIS DOES NOT REPRESENT Q W N [ R : A MONUMENTED SURVEY . IT IS -I i ... 0 .,. m ::c .. :::, INTENDED ONLY TO DEPICT THE ROBERT LEHER ATTACHED DESCRIPTION . SOUTH SUBURBAN PARKS FOUNDATION CA.LC : AVV DATE : 03 1 6 05 ORWN : AVV COMMIT . NO . JOB NO ~ ~-008 EXHIBIT C LEGAL DESCRIPTION A parcel of land being a part of Lots 16 , I 7, I 8 and 19 , Rafferty Gardens, located in the Northwest Quarter of Section 15 , Township 5 South, Range 68 West of the 6th Principal Meridian , Arapahoe County, State of Colorado, being more particularly des cribed as follows : Note : For the purpose of this description the bearings are based on the westerly line of Lot 3, Rafferty Gardens, ,also being the easterly Jine of Lebow Avenue, bearing Nmth 63°31 '05" East, 402.48 feet. The southwesterly and northwesterly corners of said Lot 3 being monumented by a #4 rebar with a I" Red Plastic Cap stamped WSSI 23524 . COMMENCING at the southeast corner of a tract ofland described in Book J 007 at Page 526, said corner being the southeast corner of Lot 19 as shown on the plat of Rafferty Gardens ; Thence South 89°57'50" West, 25 .00 feet along the south line of said tract of land described in Book I 007 at Page 526 and the south line of said Lot 19 ; Thence No11h 00 °02' 10" West, 90.20 feet along t he west erly line of said tract of land described in Book I 007 at Page 526; Thence North 14°04 '10" West, 36.49 feet along said westerly line to the TRUE POINT OF BEGINNING; Thence No11h 46°37'18 11 West, 30.99 feet ; Thence North 51 °57 '35 11 West, 53 .80 feet ; Then ce North 49 °2 8'0 3" West, I 3 5 .34 fe et to a po int of n o n tange nt c urvatu re ; Then ce northwest erly a lo ng the arc of a curve to t h e r ight , the r ad ia l I ine to th e cent e r p o in t b ea rs North 42°12'33 11 E ast, a radius of65 .90 fe et, t hrn a cen t ra l angl e of 16°55'23 11 , a n arc l e ngth o f 19 .47 feet, whose chord bears North 39°19'46 11 West a length of 19 .39 feet to a point of non tangency; Thence South 82°56'55 11 East, 43 . 14 feet to said westerly line and a point of non tangent curvature; Thence along said westerly line the following three (3) courses : J. southeasterly along the arc of a curve to the left, the radial line to the center point bears No1th 62°55'54" East, a radius of 254 .20 feet, thru a central angle of 32°57'53", an arc length of 146 .25 feet , whose chord bears South 43°33'03" East a length of 144 .24 feet; 2 . South 60°02'1 O" East, 35 .00 feet ; 3. South 14°04'10" East, 31.0 1 feet to the P INT F B • INN IN . Ill Ill tJ Containing 3,028 square feet or 0 .070 acres, more or less . I hereby certify that the above legal description was prepared under my direct supervision. WSSI Job No . : 9494-009.2 Date : 11 /29/06 Trail easement For and on Behalf of Western States Surveying, Inc 12753 S . Parker Road, Suite 205 ,Parker, CO 80134 (303) 841-7436 Albert V . Valletta, Jr., PLS 23524 Notice: According to Colorado law you must commence any legal actions based upon a defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in this survey be conjrnenced more than ten years from the date of certification shown hereon . 94 9400 p02 lCIII d A 1 O' SANITARY SEWER EASEMENT BOOK 1336 PAGE 195 CH . D=16'55'23" R=65 .90' L=19 .47' BRG.=N 39'19 1 46 11 W CH . D.=19 .39' LOT IS RAFFERTY GARDENS EXHIBIT LOT 16 LOT 17 3: 0 0:: 0 0 ,..... 0 ~ Ll'I " ...J ......, <., >-z <! ·· .. ,w 3: ~-.. 0 <! 0 >-0:: ... ID u ::t: I- ::> 0 l/l ........ ,. ~.:.... 14·0./10" 31 .o ,·. "",:•,,. ~· .... . ···~'-.. ~ 4·•04· .. ,·o .. \y., __ _ 0 ' .. ·., \ 36 .4'9'... . ., 0 25 SD ~ SCALE : 1 "= SO .DD' NW 1/4 SECTION 15 T.SS., R.68W . CITY OF ENGLEWOOD en l-o ...J S. LINE ,,, ._ . '• II) J,3: NO IO IX ~----~~ --= ....... .i--....................... __ ~__. ............................. ~......_ ............................... ......, P .O.C. CITY LIMITS (PER ASSESSORS MAP) RAFFERY GARDENS AVENUE (50') s 89'57'59" w 25.00 NOT[: THIS DOES NOT REPRESENT OWNER: LEH E R A UONUU[NTEO SURVEY . IT IS INTENDED ONLY 10 DEPICT THE ATTACHED DESCRIPTION . ASCG CALC : AI/V 06 , EXHIBIT D LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT A parcel of land being a part of Lots 16, 17, 18 and 19, Rafferty Gardens, located in the Northwest Qua11er of Section 15, Township 5 South, Range 68 West of the 6th Principal Meridian, Arapahoe County, State of Colorado, being more particularly described as follows : Note: For the purpose of this description the beari1Jgs are based on the westerly line of Lot 3, Raffe1ty Gardens, also being the easterly line of Lehow Avenue, bearing North 63°31 '05" East, 402.48 feet. The southwesterly and northwesterly corners of said Lot 3 being monumented by a #4 rebar with a 1" Red Pla.stic Cap stamped WSSJ 23524 . CO.MM ENCING at the southeast corner of a tract of land described in Book 1007 at Page 526, said corner being the southeast cprner of Lot 19 as shown on the plat of Rafferty Gardens; Thence South 89°57'50" West, 25 .00 feet along the south line of said tract of land described in Book 1007 at Page 526 and the south line of said Lot 19 ; Thence North 00°02' 1 O" West , 90 .20 feet along the westerly line of said tract of land described in Book 1007 at Page 526 ; Thence North 14°04'10" West, 8.61 feet along said westerly line to the TRUE POINT OF BEGINNING ; Thence North 46°37 118" West, 53 .79 feet ; Thence North 51°57'35" West, 53.43 feet; Thence North 49°28 103" West, 135 .88 feet to a point of non tangent curvature; Thence northwesterly along the arc of a curve to the right, the radial Ji ne to the center po int bears N01th 42 °02 '44 " East, a radius of 80 .90 feet , thru a central angle of 23°3 1 '00 ", an arc length of 33 .21 feet, whose chord bears North 36°11 '46" W est a length of32 .97 feet to a poi nt of non ta ngent curv ature; Thence easterly along the arc of a curve to the right, the radial line to the center point bears South 05°45'58" East a radius of 70.99 feet, through a central angle of 13 °4 9'41 ", a distan ce of 17 .13 feet, whose chord bears South 8 8 °5 1108" East a length of 17 .09 feet to a point of non tangent curvature; Thence southeasterly along the arc of a curve to t he left, t he radial li ne to the center point bears North 59°07'57" East, a ra dius of 65 .90 feet, t hru a central angle of 16 °55 '23 11 , an arc length of 19 .47 feet, w h ose chord bears South 39°19'46" East a length of 19.39 feet to a point of non t angency; Thence South 49°28 103" East, 135 .34 feet ; Thence South 51 °57'35 11 ~ast, 53 .80 feet ; Thence South 46°37'18" East, 30 . 99 feet to said westerly line of that tract of land described in Book 1007 at Page 526; Thence South 14°04'10" East, 27 .88 feet along said westerly line to the POINT OF BEGINNING . Containing 3,876 square feet or 0 .089 acres, more or less . I hereby ce1tify that the above legal description was prepared under my direct supervision . WSSI Job No . : 9494-009 .2 ' Date : 11/29/06 TCE For and on Behalf of Western States Surveying, Jnc 12753 S. Parker R6ad, Suite 205 Parker, CO 80134 {303) 841-7436 Albert V. Valletta, Jr., PLS 23524 Notice: According to .Colorado law you must commence any legal actions based upon a defect in this survey within three years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of certification shown hereon. \O!J49400 p02\Le •al \TCE doc ....__ ............ . -~ ---------~ ---.:::--'""::::--,-:::::::'---. -::::: -c:..~------------__ --:::: 1 O' SANITARY SEWER EASEl.lENT BOOK 1336 PAGE 195 0=23' 31 'oo" R==B0.90 ' L=33.21' EXHIBIT CH. BRG .=N 36' 11 '4 " W CH. D.=32.97' LOT 15 RAHERTY GARDEl~S 0 25 50 ~ SC ALE : 1 ··= 50 .00' LOT 16 NW 1/4 SECTION 15 T.SS ., R.6BW. LOT 17 · CllY or ENGLEWOOD C7l I- 0 3:: ...J ~ We wo. (!) 0 z-o -<o -· N ...JN. Q.~ 00 ~ b°' r--...J Oc, 0 Oz z ... w ~ 0 0 s. LINE m ~-...1.···~--..... ~-----~--_..._... ___ ...._...._....__~-·----...... ----~--""J s 89'57'59" 25 .00 CITY LIMITS (PER ASSESSORS I.AAP) RAFFERY GARDENS AVENUE (50') ··~sTeRn srares 'SURVeYlnG, Inc. l~OTE · THIS DOES NOT REPRESENT OWNER: LEHER A I.AONUMENT(D SURVEY . IT IS 1.1 S SOUTH PAWOI ltOAO. SL#Tt XJ5 l'A (It. ('O I/OIJ4 -J'6 JOJ l41 -N.J6 INTENDED ONLY TO DEPICT THE ATTACHED O[SCRIPl ION . w .. P.O.C . ASCG OAlt : 11 29 06