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HomeMy WebLinkAbout1997 Ordinance No. 00710 b iv ~if-p-C/7 /3-97 c9it/-1 z tJG-ll7 ORDINANCE NO. L SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING A GRANT OF WATER LINE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE A-Z COMPANY (THOMAS PLATING). WHEREAS , the Englewood Utilities Department has to relocate and upsize two water mains that are being affected by the South Windermere improvements; and WHEREAS , the 27" raw water line from Union Avenue Pump Station and the 16" treated water line that services the Centennial area are affected; and WHEREAS , the Colorado Department of Transportation installed a new 36 " raw water main and a 24" treated water main under the railroad tracks and South Santa Fe Boulevard; and WHEREAS , the City now needs to extend these mains to South Windermere Avenue where they will be connected during the upcoming Windermere Improvement Project; and WHEREAS, to connect these pipelines, the City will need to acquire 30' x 329' easement to the north of the A-Z Company building; and WHEREAS , an area will also need to be obtained, on a temporary basis, for stockpiling of soil and equipment; and WHEREAS , after completion of the project, the site will be returned to near preconstruction condition; and WHEREAS , there were many concerns of soil contamination due to the previous plating activity in the adjacent building; and WHEREAS , the soil analysis by A.G. Wassenaar, Inc. and approval by the Colorado Department of Hazardous Waste and Management have alleviated these concerns in the easement that the City is obtaining; and NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Section 1. The Grant Of Water Line Easement and the Temporary Construction Easement between The A-Z Company (Thomas Plating) and the City of Englewood, Colorado , attached hereto as "Exhibit A, and Exhibit B ," is hereby accepted and approved by the Englewood City Council. -1- Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Intergovernmental Agreement for and on behalf of the City of Englewood , Colorado . Introduced, read in full, and passed on first reading on the 6th day of January, 1997. Published as a Bill for an Ordinance on the 9th day of January, 1997 . Read by title and passed on final reading on the 20th day of January, 1997. Published by title as Ordinance No. l, Series of 1997, on the 23rd day of January, 1997. ~J((ls Loucrishia A. Ellis , City Clerk I , Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. !j._, Series of 1997 . ~t1Jh Loucrishia A. Ellis -2- GRANT OF WATER LINE EASEMENT EXHIBIT A THIS GRANT of easement is made this day of , 19 __ ~--~~~~~~~~~~ by The A-Z Company, whose address is 4520 Lariat Drive, Castle Rock, Colorado, hereinafter referred to as "Grantor", in favor of the City of Englewood, a Colorado Municipal Corporation, whose address is 3400 South Elati Street, Englewood, Colorado, hereinafter referred to as "Grantee". 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 and shown as "PE-1" on Attachment A, consisting of 2 pages, attached hereto and incorporated herein by reference . This Easement Property shall extend to a depth not to exceed the U.S.G.S. -based elevation of 5,319.8 feet, which is approximately 15 feet below the current surface level of the land. Below said elevation, Grantee shall have no rights, privileges, or responsibilities whatsoever. 2. Grant of Easement: Grantor hereby grants to Grantee, its successors and/or assigns, a perpetual , nonexclusive easement ("Water Line Easement") over, under, across , and through the Easement Property for the purpose of constructing, operating, maintaining, repairing, replacing, removing, and enlarging the "Lines and Appurtenances", as hereinafter defined. "Lines and Appurtenances" shall mean one or more water pipelines and all necessary underground and surface appurtenances thereto necessary or desirable for the transmission of water, including, but not limited to, mains, conduits, fire hydrants, vaults, ventilators, electric or other control systems, cables, wire, and connections. 3. Consideration: As consideration for this Grant, Grantee has paid to Grantor the sum of TWENTY-TWO THOUSAND SIX HUNDRED DOLLARS ($22,600.00), the receipt of which is hereby acknow !edged by Gran tor. 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, removal, or enlargement of the Lines and Appurtenances, Grantee, at Grantee's sole cost and expense, shall restore the surface of the Easement Property as nearly as reasonably possible to the grade and condition of the Easement Property existing immediately prior to said construction, maintenance, repair, replacement, removal, or enlargement, except as may be necessary to accommodate the Lines and Appurtenances. Page 1 of 3 6. No Improvements: Granter covenants and agrees not to construct, erect, place, or plan any "Improvements", as hereinafter defined, on the Easement Propeny without obtaining the prior wrinen consent of Grantee. "Improvements" shall mean any structure, building, plantings, trees, or shrubbery other than a lawn or parking lot. Grantee shall have the right to remove, without any liability to Granter, any improvements constructed, erected, placed, or planted on the portion of the Easement Property without Grantee having obtained the prior written consent of Gran tor. 7. Subadjacent and Lateral Support: Granter covenants and agrees that Grantee shall have the right of subadjacent and lateral support on the Easement Propeny 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: Granter 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 under this Grant. 9. Abandonment: In the event that Grantee shall abandon the rights granted to Grantee under this Grant, all rights, title, and interest hereunder of Grantee shall cease and terminate, and Grantor shall hold the Easement Property, as the same may then be, free from the rights of Grantee so abandoned and shall own all materials and 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 the Easement Property is abandoned by Grantee, Granter shall have the right, at its sole option, to require Grantee to remove or neutralize any improvements constructed in the Easement Property by Grantee . 10. Warranty of Title: Granter warrants and represents that Granter is the fee simple owner of the Easement Property and that Granter has full right, title, and authority to grant and convey to Grantee the Water Line Easement, and that this Grant of easement is superior to all other grants of the Easement Propeny, if any. Grantor further covenants and agrees to indemnify, defend, and hold Grantee harmless from and against any adverse claim to the title of 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. Page 2 of 3 IN WITNESS WHEREOF, the parties have signed this agreement as of the day and year first above written. Attest: ST ATE OF COLORADO ) ) SS. CO U NTY OF ) Acknowledged before me this by My Commission expires: ______ _ Attest: ST A TE OF COLORADO COUNTY OF ) SS . ) Acknowledged before me this GRANTOR : The A-Z Company Title: day of ' 19 Notary Public GRANTEE : City of Englewood , Colorado Title : day of ----------19 by ________________________________ ~ My Commission expires: ------- Notary Public Page 3 of 3 Attachment A LegalDeacnptionfor PERMANENT EASEMENT THOMAS PLATING COMPANY The north 30.0' of the south 50.0' of Lot 4, Bell lsJe Gardens Subdivision, City of Englewood, Arapahoe County, Colorado. Contains 9,865.95 S.F. ±. ThmspltQlagal 11/19196 . ' . ATTACHMENT A THOMAS PLATING EASEMENTS PERMANENT EASEMENT LOT 4 100 1 ---------, TE-2 ,..01 / 1 I I BELL ISLE GDNS I 147.051 ---_100'_ --1._ __ -----_22J.56'.._ ----------' TE-3 10 TE-I TE-I = 6631.90 s.t. TE-2=6000.00 s.f. TE-3= 3225.65 s. f. PE-I= 9797.40s.t. TEMPORARY CONSTRUCTION EASEMENT EXHIBIT 8 THIS TEMPORARY CONSTRUCTION EASEMENT, made this day of _______ , 19_ by and between The A-Z Company of Douglas County Colorado, hereinafter referred to as "Grantor", and the City of Englewood, a Colorado Municipal Corporation, hereinafter referred to as "City", WITNESS ETH: WHEREAS, the City owns and operates a water distribution system which includes certain major raw water and treated water transmission mains , and, WHEREAS, because of, and in conjunction with, the Colorado Deparnnent of Transportation's construction projects on South Santa Fe Drive and South Windermere Street, it is necessary for the City to relocate said transmission mains , and, WHEREAS, the City desires to improve the condition and reliability of its transmission mains, NOW, THEREFORE, IT IS AGREED between Grantor and the City as follows: 1. Grantor, for and in consideration of the sum of TWO THOUSAND FOUR HUNDRED DOLLARS ($2,400.00) in hand paid to Grantor, the receipt of which is hereby acknowledged, grants and conveys to the City a temporary construction easememfor a period of One Hundred Eighty (180) days commencing , 19 __ , over and across the following real estate situate in the County of Arapahoe, Colorado, to wit : Lot 4, Bell Isle Gardens Subdivision, City of Englewood , Arapahoe County, Colorado, hereinafter referred to as the "Property ". The Temporary Construction Easement is legally described and shown as "TE-1 ", "TE-2 ", and "TE-3" on Attachment A, consisting of 2 pages, attached hereto and incorporated herein by reference. 2. This easement shall include the right for the City to enter onto the Property as necessary for the construction of two water transmission lines including the movement of vehicles, machinery , and equipment across the Property. 3. The City agrees that, after construction of the two water transmission lines, the City , at the City 's sole cost and expense, shall restore the Property as nearly as reasonably possible to the condition of the Property existing immediately prior to said construction . The City further agrees to restore and repair any improvements of Grantor on the Property which are damaged, modified or altered by the City during said construction. IN WITNESS WHEREOF , the parties have signed this agreement as of the day and year first above written . GRANTOR: THE A-Z COMPANY CITY OF ENGLEWOOD , COLORADO Date Date Attest: Attest: I . Attachment A Legal Descriptions for TEMPORARY CONSTRUCTION EASEMENTS THOMAS PLATING COMPANY 1. The south 20.0' of Lot 4, Bell Isle Gardens Subdivision, City of Englewood, Arapahoe County, Colorado. Contains 6,631.90 S.F. ±. 2 . Beginning 60.0' north of and 221.56' west of the S.E. corner of Lot 4, Bell Isle Gardens Subdivision, City of Englewood, Arapahoe County, Coloraco; thence west parallel to the south line of Lot 4 100.0' to the west line of said Lot 4; thence northeasterly along said west line to a point12C.D' north of the south line of Lot 4; thence east and parallel to said south line 100.0 '; thence southwesterly and parallel with the west line of Lot 4 to the point of beg. Said parcel contains 6 ,000 S.F. ±. 3. The north 10.0' of the south 60.0' of Lot 4, Bell Isle Gardens Subdivision, City of Englewood, Arapahoe County, Colorado . Contains 3,225.65 S.F. ±. Thmspltglegal 11119/96 ·e ATTACHMENT A THOMAS PLATING EASEMENTS TEMPORARY CONSTRUCTION EASEMENTS ----100~--1 I J 304./1 TE-2 I I BELL ISLE GDNS I LOT 4 100' I 221.s51 147.051 L--------------------- TE-I TE~ I = 6631.90 s.f. TE-2=6000.00 s.f. TE-3=3225.65 s.f. PE-I= 9797.40s.f. TE-3 10' -~ 333.61 20' 111 =50' >.-. -~ SPECIFIC PERFORMANCE CONTRACT RECEIVED from the City of Englewood, a Colorado Municipal Corporation, Purchaser, the sum of /;o 600,ClJ$2,400.00 in the form of a check to be held by The A-Z Company, Seller, as earnest money and partial ;:-.n payment for the following described easements situate in the County of Arapahoe, State of Colorado to JF'o · · wit: A perpetual, nonexclusive Water Line Easement and three Temporary Construction Easements as fully described and shown on Exhibit A, consisting of 5 pages, and Exhibit B, consisting of 4 pages, respectively, both attached hereto and incorporated herein by reference. which easements purchaser agrees to buy upon the following terms and conditions for the purchase price of $+7,400, payable as follows: ·~ 125/)00,0{~~~ f14 a'C, ttl $2:,408.00 , hereby receipted for, $5,000 previously paid per Temporary Easement agreement between the parties hereto dated August 13, 1996 , and $10 ,000 .00 payable in cash upon closing . 1. A current commitment for title insurance policy in an amount equal to the purchase price shall be obtained by purchaser at purchaser's expense. 2 . Title shall be merchantable in the seller. Subject to payment or tender as above provided and compliance with the other terms and conditions hereunder by purchaser, seller shall execute and deliver a Grant of Water Line Easement and a Temporary Construction Easement to said purchaser on January 24 , 1997, or by mutual agreement at an earlier date. 3. The hour and place of closing shall be designated by purchaser. 4. The right to use these easements by purchaser shall commence upon delivery of the Grant of Water Line Easement and the Temporary Construction Easement_ 5. Time is of the essence hereof, and if any payment or any other condition hereof is not made, tendered, or performed by either the seller or purchaser as herein provided, then this contract, at the option of the party who is not in default, may be terminated by such party, in which case the non- defaulting party may recover such damages as may be proper. In the event of such default by the seller and the purchaser elects to treat the contract as terminated, then all payments made hereon shall be returned to the purchaser. In the event of such default by the purchaser and the seller elects to treat the contract as terminated, then all payments made hereunder shall be forfeited and retained on behalf of the seller. In the event, however, the non-defaulting party elects to treat this contract as being in full force and effect, the non-defaulting party shall have the right to an action for specific performance and damages. The non-defaulting party shall be entitled to costs, expert fees, and attorney fees. 6 . In the event the seller fails to approve this instrument in writing within five (5) days from the date hereof, or if title is not merchantable and written notice of defects is given to the seller or agent within the time herein provided for delivery of easements and shall not be rendered merchantable within thirty (30) days after such written notice, then this contract , at purchaser's option, shall be void and of no effect and each party hereto shall be released from all obligations hereunder, and the payments made hereunder shall be returned forthwith to purchaser upon return of the abstract, if any , to seller ; provided , however , that in lieu of correcting such defects, seller may , within said thirty (30 ) days, obtain a commitment for Owner's Title Insurance Policy in the amount of the purchase price showing the title to be free from such defects and seller shall pay full premium for such Title Insurance Policy . 7 . Upon approval hereof by the seller, this agreement shall become a contract between seller and · purchaser and shall inure to the benefit of the heirs , success ors and assigns of said parties . SELLER : THE A-Z COMPANY P URCH ASER : CITY OF ENGLEWOOD , COLORADO I )'\ ., • COUNCIL COMMUNICATION Date Agenda Item Subject Thomas Plating Pipe January 6 1 1997 10 a iv Easements Initiated By Staff Sources Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL COAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Council approval by ordinance for obtaining Permanent and Construction Easements across the Thomas Plating property located on S. Windermere St. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Uti I ities Department has to relocate and upsize two water mains that are being affected by the S. Windermere improvements. The 27" raw water line from union Avenue Pump Station and the 16 " treated water line that services the Centennial ar ea are affected. T he Colorado Department of Transportation installed a new 36" raw water main and a 24 " treated water main under the railroad tracks and South Santa Fe Drive. Englewood now needs to extend the se mains to South Windermere Ave . Where they will be connected during hte upcoming Windermere Improvement Project. To connect these pipelines , the City will need to acquire a 30' x 329' easement to the north of the Thomas Plating building. An area will also need to be obtained , on a temporary basis , for stockpiling of soil and equipment. After completion of the project, the site will be returned to near preconstruction condition. There were many concerns of soil contamination due to the previous plating activity in the adjacent building. Soil analysis by A.G. Wassenaar, Inc. and approval by the Colorado Department of Hazardous Waste and Management ha v e alleviated these concerns in the easement that the City is obtaining. Permanent easements will be surveyed and recorded after completion of construction. FINANCIAL IMPACT The owners, A-Z Company, are receiving $25,000.00 and other valuable consideration (repairs , restoration, etc.) For the Grant of Easements . Permanent Easement Temporary Construction Easement TOTAL LIST OF ATTACHMENTS Proposed Bill for an Ordinance Legal Descript i on -Permanent Legal Descript i on -Temporary Easement Agreement with Jerry Thomas $22 ,600.00 $2,400.00 $25,000.00 .. ,. ,.., •