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HomeMy WebLinkAbout1997 Ordinance No. 017" ,. ORDINANCE NO. /J_ SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO . 15 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE AUTHORIZING AN EASEMENT AGREEMENT FOR THE CITY RIGHT-OF-WAY ON THE CITY DITCH THROUGH THE PROPERTY AT 835 WEST QUINCY AVENUE. WHEREAS , the City of Englewood is responsible for conveying water through the City Ditch; and WHEREAS, the right-of-way along the City Ditch is necessary for repairing and conveying water; and WHEREAS , the City currently has a prescriptive easement across the property known as 835 West Quincy Avenue which allows the City Ditch to cross this property; and WHEREAS, the City does not have a recorded right-of-way for the section at 835 West Quincy Avenue ; and WHEREAS , permanent right-of-way will be conveyed to the City with the attached easement agreement for 835 West Quincy Avenue; and WHEREAS , the City wishes to pipe this section of the City Ditch due to leakage problems that have become progressively worse ; and WHEREAS , the City will install, enclose and maintain the pipe in this section; 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 hereby authorizes an easement agreement for 835 West Quincy Avenue for the City's right-of-way on the City Ditch - attached hereto as Exhibit 1. Introduced, read in full , and passed on first reading on the 3rd day of March, 1997. -1 - 10 b ii Published as a Bill for an Ordinance on the 6th day of March, 1997 . Read by title and passed on final reading on the 17th day of March, 1997 . Published by title as Ordinance No. J1., Series of 1997, on the 20th day of March, 1997. ~J_@ 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. !..1, Series of 1997. ~ti~ Loucrishia A. Ellis -2- ., I EXHIBIT 1 GR.Ai'IT OF CITY DITCH EASEMENT THIS GRANT of City Ditch Easement (this "Grant") is made this 7th day of February, 1997, by James H. Lee ("Granter") whose address is 835 West Quincy Avenue, Englewood, Colorado 80110, in favor of the CITY OF ENGLEWOOD ("Grantee") whose address is 3400 S. Elati Street, 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 on Exhibit A, consisting of 2 pages, attached hereto and incorporated herein by reference. 2. Consideration. As consideration, Grantee has given Granter ten dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged by Granter. 3. Grant of City Ditch Easement. Granter hereby grants to Grantee , its successors and assigns , a perpetual easement (the "City Ditch Easement) over, under, across and through the Easement Property for t he purpose of constructing, operating, maintaining, repairing, replacing, removing, improving and enlarging the City Ditch. The City Ditch shall mean the City Ditch and all necessary underground and surface appurtenances thereto necessary or desirable for the transmission of water including, but not limited to, mains , conduits, vaults and ventilators. 4 . Access . Grantee shall have the perpetual , nonexclusive right of ingress and egress in, to, over, through and across the Easement Property for any p urpose necessary or desirable for the full enjoyment of the rights granted to Grantee under this Grant. 5 . No Improvements . Granter 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. Grantee shall have the right to remove, without any liability to grantee, any improvements constructed, erected, placed or planted on the Easement Property without Grantor's having obtained the prior written consent of Grantee. If such prior written consent is not obtained, Grantee shall not be responsible for repair or replacement of the Improvements if they are damaged during construction, maintaining, repair, replacement or enlargement. 6. Restoration. Grantee agrees that after the construction, maintenance , repair, replacement or enlargement, if any, for the City Ditch, 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 City Ditch. 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. 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. Warranty of Title. Grantor warrants and represents that Gran tor 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. 10. 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 has executed this Grant of Water Line Easement the day and year first above written. GRANTOR : CJ James H.-Lee STATE OF COLORADO ) SS . COUNTY OF ARAPAHOE ) .7r't Acknowledged before me this __ day of February, 1997 , by James H. Lee as Gran tor. My Commission expires: )/'? /.;2 oo / I ATTEST: GRANTEE : THE CITY OF ENGLEWOOD Thomas J . Burns, Mayor LEGAL DESCRIPTION A CITY DITCH EASEMENT BEING A PART OF A PARCEL OF LAND RECORDED IN BOOK 3327. AT PAGE 150 OF THE ARAPAHOE COUNTY RECORDS. SAID PARCEL OF LAND BEING LOCATED IN THE SOUTH ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF SECTION 4. TOWNSHIP 5 SOUTH. RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN. CITY OF ENGLEWOOD. COUNTY OF ARAPAHOE. STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 4. THENCE NORTH 89°45'00" EAST A DISTANCE OF 817.27 FEET. SAID LINE FORMING THE BASIS OF BEARINGS FOR THIS DESCRIPTION: THENCE NORTH 00°15'00" WEST A DISTANCE OF 30.00 FEET TO A POINT ON THE NORTH LINE OF WEST QUINCY AVENUE. ALSO BEING THE SOUTHEAST CORNER OF LOT 21. OXFORD HEIGHTS SUBDIVISION . SAID POINT BEING THE TRUE POINT OF BEGINNING: THENCE ALONG THE SOUTHEASTERLY LINE OF SAID OXFORD HEIGHTS SUBDIVISION THE FOLLOWING THREE COURSES: NORTH 07°38'08" EAST A DISTANCE OF 75.26 FEET: THENCE NORTH 37°22'18" EAST A DISTANCE OF 209.61 FEET: THENCE NORTH 45°53'43" EAST A DISTANCE OF 43.35 FEET: THENCE SOUTH 00°15'00" EAST A DISTANCE OF 34.67 FEET: THENCE SOUTH 45°53'43" WEST A DISTANCE OF 17.47 FEET: THENCE SOUTH 37°22'18" WEST A DISTANCE OF 201.11 FEET: THENCE SOUTH 07°38'08" WEST A DISTANCE OF 65.16 FEET: THENCE SOUTH 89°45'00" WEST A DISTANCE OF 25.24 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL OF LAND CONTAINS 7649 SQUARE FEET OR 0.18 ACRES. MORE OR LESS. . . - -~ PlS NQ .. ~~~29 FOR AND ON BEHALF OF . , · ~--: f ROCKY MO~~SULTANTS INc.<i' DATE: ~2 ~ <:. · -'-'·,·,-.}--. . .... ~ : ~ ~ . . . CITY OF ENGLEWOOD CITY DITCH EASEMENT RMC JOB NO. 2882.006.00 DECEMBER 2. 1996 mtf SHEET 1 OF 2 H I B • I ' T A _,. ,. l~ ... ,. ~$ ~ LOT 19 LOT 21 LOT 20 I .;!_ _.:i o· ~ R-' /~ EXHIBIT LOT 17 8J5 WEST QUINCY AVENUE LOT 16 LOT 2 z Q VJ > 0 CD ::J VJ w c:.:> ~ _J > 0 0 0 3: z g 0 u LOT 1 / TRUE POINT 0 OF BEGINNING 1 ~ µ1"2~ -~·!"5'00: '!!_ -WEST_ QUINCY AVEJ!_U~ -:s. BAS'~'-BEAAl~G--- (60'R.O.W.) POINT OF COMMENCEMENT s.w. COft. S.E.1/4. SB:.4 T I! S, R !II W, !th P.11. ROCKY MOUNTAIN CONSULTANTS, INC. THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. 1T IS ONLY INTENDED 10 DEPICT THE AllACHEO DESCRIPTION . SHEET 2 OF 2 BJO 1 E. Prentice Ave . Suite 101 Englewood , CO 80111 (JOJ) 741-6000 F/\j. {JOJ) 741-6106 JOB NO. 2882 .006.00 DATE 12 2 96 REVISED =tmc .. Date March 3, 1997 INITIATED BY Utilities Department COUNCIL COMMUNICATION Agenda Item 10 a iii Subject City Ditch Easement for 835 W. Quincy Ave . STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION Council approval by ordinance for the Grant of City Ditch Easement for 835 W. Quincy Ave . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Englewood currently has a perscriptive easement across Mr. James Lee's property at 835 W. Quincy. Perscriptive easements only allow the City Ditch to cross his property but does not allow the City to maintain or improve it. The City wishes to pipe this section of the ditch, north of Quincy, due to leakage problems that have become progressively worse. This easement would allow the City to install, enclose and maintain the pipe in this section . Because of past problems, the owner concurs with the piping. FINANCIAL IMPACT The owner, James H. Lee, is receiving $10 .00 and other valuable consideration (repairs , restoration, etc.) for the Grant of Easement. LIST OF ATTACHMENTS Ordinance Grant of City Ditch Easement LOT 19 LOT 21 LOT 20 I I IBUE POINT 0 OF BEGINNING 1 ~ EXHIBIT LOT 17 835 WEST QUINCY AVENUE LOT 16 LOT 2 z Q UJ > 0 rn ::::> UJ w (.!) j > 0 0 0 3: z ~ u LOT 1 t---fil1_,_2~ _ ~8~45'00: '!!.__WE~ QUIN~ AVE~U~ _ .:S..~l~F-BEARl~G-__ _ (60'R.O.W.) POINT OF \. t;OMMENCEMENT s.w. CCR. S.E.1/4. S0:.4 T !! S, R 1111 W, 11111 P.M. ROCKY MOUNTAIN CONSULTANTS, INC . 6301 E. Prentice Avo . Suite 101 Englewood , CO 60111 JOB NO. 2882.006.00 DATE 12 2 96 nus EXHIBIT DOES NOT REPRESENT A IAONUIAENTED SURVEY . rr IS ONLY ltflENDED TO DEPICT THE ATIACllED DESCRIPTION . SHEET 2 OF 2 (JOJ) 741 -6000 f'-X (JOJ) 741-6106 REV ISEIJ ~me ..