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HomeMy WebLinkAbout1997 Ordinance No. 027• • ORDINANCE NO .L/] SERIES OF 1997 BY AUTHORITY COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT FOR AN EASEMENT FOR IMPROVEMENTS ALONG THE SOUTH PLATTE RIVER CHANNELIZATION PROJECT BETWEEN THE COLORADO WATER CONSERVATION BOARD OF THE STATE OF COLORADO AND THE CITY OF ENGLEWOOD , COLORADO . WHEREAS , the Englewood Utilities Department requested a nonexclusive easement for the purpose of constructing and maintaining a raw water line through the portion ofland owned by the Colorado Water Conservation Board as part of the South Platte Channelization Project; and WHEREAS, the easement shall temporarily be 50 feet wide during the water line installation and will be reduced to a width of 20 feet upon completion; and WHEREAS, the length of the easement shall be approximately one mile, from Union Avenue to Oxford Avenue; and WHEREAS, in exchange the City will continue its grant of three two-inch water taps to the 10 ,000 Trees Project for the purpose of irrigating trees or for another irrigation use designated by South Suburban Recreation District; and WHEREAS, the guarantee of the stated tap use is evidenced by a certificate issued by the Colorado Water Conservation Board to South Suburban Recreation District; and WHEREAS , if the easement is ever revoked , the grant of the taps shall also be discontinued; and WHEREAS , the City of Englewood's costs to the Colorado Water Conservation Board for the easement shall be $2,250.00 WHEREAS, the Englewood Water and Sewer Board recommended approval of the easement with the Colorado Water Conservation Board for improvements along the South Platte River channelization project at the February 11, 1997 meeting; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1 . The intergovernmental agreement for an Easement between the City of Englewood and the Colorado Water Conservation Board of the State of Colorado is hereby approved . A copy of said Agreement is attached hereto as "Exhibit 1" and incorporated herein by reference . -1- Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, respectively, the said Agreement for and on behalf of the City Council and the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 7th day of April, 1997. Published as a Bill for an Ordinance on the 10th day of April, 1997 . Read by title and passed on final reading on the 21st day of April, 1997 . Published by title as Ordinance No2!2, Series of 1997, on the 24th day of April, 1997. I , Loucrishia A. Ellis , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true cop~o))the Ordinance passed on final reading and published by title as Ordinance NoA.f~ Jfli Loucrishia A. Ellis -2- Recorded at _______ o'clock_. M. , ----------------------------- Reception No. --------------______________________ Recorder. EASEMENT THIS EASEMENT is made and entered into, pursuant to Section 24-82-201 et ~' C.R.S. (Supp. 1996), on this __ day of 1997, by and between the STATE OF COLORADO for the use and benefit of the COLORADO WATER CONSERVATION BOARD ("Gran tor") and the City of Englewood, a political subdivision of the State of Colorado, ("Granteen), whose address is 3400 S. Elati Street , Englewood, Colorado 80110. WHEREAS, the Granter is an agency of the State of Colorado created and controlled by Title 37, Article 60, C.R.S. (1990), which functions for the welfare and benefit of the State of Colorado and its inhabitants; and WHEREAS, the United States Army Corps of Engineers ("Corps") has constructed improvements to the flow of water in the channel of the South Platte Rive::-("River") in Arapahoe County, State of Colorado, with said improvements known as the South Platte River Channelizati.cn Project ("Channelization Project"); and WHEREAS, the primary purpose of the Channelization Project is to provide drainage, flood cont:::ol and water flow regulation; and WHEREAS, the Corns and the Granter ente::-ed into two agreements which give the Granter the responsi.~iiity of acquiring land, easements, and rights-of-way for the Channelization Project and the duty of maintaining and operating the Channelization Project; and WHEREAS, the Granter has acquired certain fee title inte::-ests, rights-of-way, and easements within the Channelization P::-oject right-of-way for the purposes of const::-ucting and maintaining the Channelization Project; and WHEREAS, the Grantee wishes to acquire and the Grantor is willing to grant an easement for the c=nstruction, operation and maintenance of a raw water line on the Grantor's property within the Channelization Project. WITNESSE'I'H: That for and in consideration of the gene::-al public interest and benefit whic!1 will accrue f:::om the Grantee's development of the easement granted herein, the guarantee by the Grantee to the South Suburban Park and Rec::-eation Dist:::i.ct ("South Suburban") or any subsequent manager of the 10,000 Trees Project of the use of three (3) two inch water taps for the purpose of irrigating trees planted by the 10,000 Trees Project or for anothe::-irrigation use designated by South Suburban, the payment of the sum of Two Thousand Two Hundred Fifty Dollars ($2250 .00) paid to the Granter by the Grantee, and the keeping and performance of the covenants and agreements h ereinaf ter expressed, the Grantor grants, conveys, transfers and delive::-s to the Grantee, subject to the conditions set forth below, a nonexclusive easement for the sole ouroose of using the land cove::-ed by said easement for constructing, operating and mai~taining a raw water line, he::-einafter referred to as the Project, upon, over, ac:::oss, below and through that portion of land owned by the Granter as part of the South Platte Channelization Project (hereinafter "Channelization Project") , situated in the City of Englewood County cf Arapahoe, State of Colorado, which is more fully described and shown in the legal descriptions and maps attached hereto as Exhibit A and incorporated herein (hereinafte:::-"P::-operty"). Said Easement shall temporarily be fifty (50 ) feet wide during the installation of the Project and shall be reduced to a wi~th of twenty (20) feet uoon the issuance of a letter of substantial comoletion or an acceotance letter for the Project by the Grantee. The length of the Easement shall be the minimum necessary for the proper construction, operation and maintenance of the raw water line from Ur.ion Avenue to Oxford Avenue, a length of approximately one mile. Page l of 5 x H I B I T 1 TO HAVE AND TO HOLD, subject to any existing or recorded easements and rights -of-A way, for the purpose of utilizing such Easement for the sole purpose of ownership, ~ construction, operation and maintenance of the Project for the primary term of twenty- five {25) years, commencing on the~~ day of 1997, and ending on the ~~day of 2022. At the option of the Grantee, and if approved by the Granter, this Easement may be renewed for successive terms provided that: (1) Grantee has comolied with all the terms and conditions set forth herein, (2) Grantee delivers written-notice to Granter of Grantee's intention to exercise such option at least 180 calendar days prior to the last day of each of said terms, and (3) payment in full of the consideration for the whole next ensuing term accompanies the said written notice to renew. The Grantor's approval of said renewals of this Easement shall not be unreasonably withheld. Grantee's consideration for each renewal of this Easement shall be the sum set forth above as consideration for this Easement, adjusted for inflation. The parties agree that this Easement is subject to the following conditions: 1. The Granter grants this Easement upon the express condition that the estate herein granted shall endure only so long as the Grantee utilizes the Easement for the sole purpose of constr~c~ion, operation and maintenance of the Project in accordance with the plans and specifications submitted by the Grantee to the Granter, which have been signed by a professional engineer licensed in the State of Colorado and are incorporated herein by this reference. The Grantee shall ensure that the Project is designed for a design load of up to twenty (20) tons. In the event that the Grant:ee u ses this Easement for any purpose other than the specif i c uses identified herein, then all of the Grant:ee 's right, title and interest in and to the above described Easement shal l become null and void, and the Property shall absolutely !"e v e!"t to and rev est in the Grant:or as full y and completely as if this instr~m ent: h ad not been e x ecuted, without the necessity for suit or re-entry; and no ac~ or omission on the part of any beneficiary of this clause shall be a waiver of the operation or enforcement of such clause . 2. As part of the considerati o n for this Easement:, the Grantee shall guarantee to the South Suburban Park and Recreation District or any subsequent manager of the 10,000 Trees Project the use of three (3) two inch water taps for the purpose of irrigating trees planted by the 1 0,000 Trees Project or for another irrigation use designated by South Subu=~an. This guarantee of u se of said taps shall be evidenced by a certificate issued b y the Grantee to South Suburban, a copy of which i s attached hereto as ~xh ibit B and incorporated herein . In the event of the termination, non-renewal or abandonment of this Easement, the Grantee's obligation to guarantee t h e use of said taps shall terminate . 3. This Easement shall include the right of the Grantee to enter onto the Grantor's property for the sole purpose of constructing and /or maintaining the Project. Provided however, that upon the non-renewal, abandonment or termination of any of the Grantee's rights or priv ileges under this Easement , the Grantee's rights to that extent shall terminate. However, the Grantee 's obligat i ons to indemnify and hold harmless the Grant:or , as more full y set forth below, shall not be terminated. 4. The Granter and the Grant:ee expressly covenant and agree that the terms and conditions of the Easement granted herein shall be in compliance with and subordinate to the terms of the September 7, 1977 and January 29, 1980 Agreements ("Agreements") between the United States Army Corps of Engineers ("Corps"), incorporated herein by this reference . This covenant and agreement include but are not limited to the maintenance and operational requirements on the Granter and its designees under those Agreements and the necessity for the Granter and its designees to have unlimited access to the lands covered by this Easement to perform all necessary act ivities. The Grantee shall cooperate with the Granter and its designees in the pe!"formance of its maintenance and operational requirements. Violation of t h is provision ma y be grounds for the Granter to immediately terminate thi s Easement . Page 2 of 5 5. During the term of this Easement, the Granter shall have the right to dispose of the subject land or to use the same for other purposes subject to the rights and privileges herein granted to the Grantee. This Easement shall be nonexclusive and subject to any prior easements granted by the Granter to third parties, and to all prior easements of record whether granted by Granter or a previous owner. The Grantee expressly agrees to subordinate this Easement to all prior easements within the Project granted by the Granter. The Granter reserves the right to grant additional easemen ts to third parties, provided that said easements do not materially interfere with the Easement granted herein. The Grantee agrees to share this Easement, provided that the additional easements do not materially interfere with the purposes for which the instant grant is made. 6. The Grantee expressly covenants and agrees that, in the event of termination of this Easement, in the event that the Grantee elects not to renew this Easement or no longer needs or desires this Easement, the Granter, at its sole discretion, may require the removal, at the Grantee's sole expense, of all appurtenances from the property subject to this Easement, and may require the Grantee to restore the property subject to this Easement, as nearly as possible, to the condition of the property existing as of the date of the execution of this agreement, all to the Grantor's sole sati sfaction. The Granter shall determine in its sole discretion whether the proposed restoration complies with this paragraph . 7. The Grantee agrees that all excavations or other temporary removal of soil as required for the proper construction and /or ma i ntenance of the Project shall be properly replaced, and that the Easement shall be, as nearly as possible, restored and maintained in its original configuration and with similar vegetation. The Grant:ee shall also insure that the Property is left in a configuration satis fa ctory to and in compliance with the Channelization Pro j ect design plans and spec i f i cat i ons prepared b y the Corps. The Grantee shall be responsible at all times for the immediate repair or reimbursement for any damage to the Property due to t h e Grantee's use of the Easement. Routes of ingress and egress for construction and/or maintenance of the Project shall be limited to the minimum necessary locations, and all work areas created by the Grantee on the Grantor's property for construction and /or maintenance purposes must be obliterated, protected against erosion, and restored to the former condition of the Property , as ne a rly as possible . The Granter shall determine, in its sole discretion, whether the Grantee's restorat i on complies with this paragraph . In the event the Grantee fa ils to perform the restorativ e or revegetat ive work required by this paragraph to the sole satisfaction of the Granter, and after thirty (30) day s prior written notice specify ing with particularity the fai l ure and indicating t h e remedial steps needed to cure same , the Granter shall be allowed to perform said work and the Gran tee shall pay within thirty (30) day s all direct and indirect costs incurred by the Granter for restorative or revegetative work incl uding, but not limited to , regrading, filling, revegetat i on, erosion control , and replacing of soil. 8. The Grantee understands and agrees that so long as the Granter is the owner of the underlying fee interest to the subject property , the Granter may, in its sole discretion, require the Grantee to relocate a portion or portions of the Grantee's raw water line b y giving the Grantee at least ninety (90 ) days prior written notice of such requirement. All relocation costs shall be paid by the Grantee. In the event the Grantee fails to relocate within ninety (90) days, the Granter shall be a l lowed to perform such work and the Grantee shall pay to the Granter, withi n thirty (30 ) days of submission of costs by the Granter, all direct and indirect costs for the same. 9 . The Grantee understands and agrees that its facilities are subject to damage and total loss without liability accruing to the Granter as a result of flooding, as the result of the ma i ntenance and operation of the Channelization Project, or as a result of emergency or repair operations to and in the Channelization Project by the Granter, the Grantor's designees, or the Corps. Page 3 of S 10. 11. 12. 13. 14. 15. 16. 17. 18. 19 . To the extent permitted by law, the Grantee agrees to indemnify and hold harmless the Grantor against all liability and loss, and against all claims and actions based upon or arising out of damage or injury to persons or property, caused by any acts or omissions of the Grantee, its successors, assigns, agents or contractors. Throughout the term of this Easement, including but not limited to any renewal term, the Grantee shall maintain continual commercial general liability insurance covering its use of the Easement. Said insurance shall name tlle Granter as an additional insured. A copy of tlle current certificate (s) of insurance and additional insured endorsement(s) shall be attached to this Easement as Exhibit C and incorporated herein. Notices of renewal of this insurance shall be provided to the Grantor on an annual basis. Said policy shall provide coverage in the amounts established by the Colorado Governmental Immunity Act (Article 10, Title 24, lOA C.R.S. (1988)), both now and as hereafter amended. In the event that the Grantee contracts for any work to be performed on the properties, the Grantee shall require its contractors and subcontractors, except the Corps, to indemnify, save and hold harmless the Granter, its employees and agents, and the Corps from any and all claims, damages, and liabilities whatsoever for injury or death to persons or damage to property arising from the contractors' and/or subcontractors' actions or inactions. All contractors and subcontractors shall abide by and follow the provisions of th.is Easement. It shall be the sole responsibility of the Grantee to obtain all necessary and applicable local, state and federal approvals and permits for the purposes set forth herein. The Grantee shall ccmply with all reasonable r~les, regulations and policies authoritatively promulgated pertaining to the use of the Easement lands, including, but not limited to, local, state and federal flood plain regulations. Noncompliance by the Grantee with any such permit, =-~le, regulation or policy may be grounds for the Grantor to immediately terminate this Easement. The Grantee understands and agrees that the Granter makes no representations concerning ownership of nor warrants title to any of the proper::y underlying the Easement. To the extent that this grant of Easement may encrcach on lands not owned or controlled by the Grantor, the Grantee assumes all responsibility for any such encroachment. A copy of the ordinance duly accpted by the City Council cf the Grantee, authorizing the Mayor to execute this Easement and to comply wit~ the conditions set forth herein, is attached hereto as Exhibit D and incorporated herein. The Grantee shall be responsible for recording this Agreement with the Clerk and Recorder's Office of Arapahoe County, Colorado and shall provide a conformed copy of the recorded agreement to the Granter. All of the provisions of this Easement shall be binding upon all the parties hereto and their successors, assigns, agents and contractors. The signatories to this Easement aver that, to their knowledge, no State employee has any personal or beneficial interest whatsoever in the property described herein. This Easement shall not be deemed valid unless and until approved by the officials and officers of the State of Colorado as required by Sec::ion 24-82-202, C.R.S. (1995 Supp.) and by the Ccntroller of the State of C:ilorado, or such assistants as they may designate. IN WITNESS WHEREOF, the parties hereto have executed this instr-..:ment on the date first above written. Page -1 of 5 GRANTEE: City of Englewood By=----=----:-:--------~ Thomas Burns, Mayor STATE OF COLORADO SS. COUNTY OF DENVER GRANTOR: STATE OF COLORADO Roy Romer, Governor By Fo_r__,..t..,.h-e--=Ex=--e-c_u_t,....1.,.... v-e-=D...,.i_r_e-c"""t_o_r ____ _ DEPARTMENT OF NATURAL RESOURCES Colorado Water Conservation Board Daries C. Lile, P.E., Director ATTEST: Loucrishia A. Ellis, City Clerk The foregoing instrument was acknowledged before me this day of --,....,.------1997, by Daries C. Lile, as Director of the Colorado Water Conservation Board, on behalf of the State of Colorado . Witness my hand and official seal . My c~mmission expires Notary Public STATE OF COLORADO SS. COUNTY OF The foregoing instrument was acknowledged before me this day of 1997, by Thomas Burns, as Ma y or of the City of Englewood.--Witness my hand and official seal. My commission expires APPROVED: STATE OF COLORADO Gale A. Norton, Attorney General APPROVED: Division of Purchasing Notary Public APPROVED: Department of Personnel State Buildings Programs APPROVED: Division of Accounts and Control Clifford Hall, State Controller Page 5 of 5 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 4, TOWNSIIIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER; THENCE ALONG THE WEST LINE OF SAID NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER NORTH 00°03'27" EAST 599.56 FEET TO TIIE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE NORTH 00°03'27" EAST 30.11 FEET; THENCE SOUTH 84°56'44" EAST 386.56 FEET; THENCE SOUTH 00°25'34" EAST 464.69 FEET; THEN CE SOUTH 22°04'26" WEST 50.91 FEET; THENCE SOUTH 00°25'34" EAST 33.87 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF l\ PARCEL OF L/\ND DESCRIBED IN BOOK 3816, PAGE 299, SAID POINT /\LSO LYING ON THE NORTHERLY RIGHT -OF-WAY LINE OF WEST OXFORD AVENUE; THENCE WESTERLY AL ONG SAID LINE SOUTH 89°58'56 11 WEST 30.00 FEET; THENCE DEP ARTING SAID LINE NORTH 00°25 1 34 11 \'/EST 39 .61 FEET; THENCE NORT H 22°04'26" EAST 50.91 FEET; THENCE NORTH 00°25 1 34 11 \'/EST 431.47 FEET; THENCE NORTH 84°56'44 11 WEST 356.67 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.625 ACRES, MORE OR LESS. DU \"]\ YNE M. III L~I p~l PDS 9 3~ 9 FOR AND ON BEHAl_.,E;"~~p 9:?:.:u ' ROCKY MOUNTAIN Cp~~~~TANTS, I~C. DATE: /z;/7'/f~:'.'':~~4:'.ii'ti,~.;:<~~:/:· '··ldillltl·" CITY O F' EllG!.EHOOD MCOROOf1 ll !TC ll TEl-1PO RliRY EliSEMEflT -N . OF' OXFORD Rf.IC 3295.001 .008 DEC. 4, 1996 -gjk EXHIBIT ''A'' ~ // " / // I I / I / I I I I ---------,,,.--rx1 s11H1; rnor omn•.;E -:i:= ~=~:~-:~::::::~~~:::_:::_:=.-.::~~:j ______ _ b S 84 6'H" E J86.56' ---· N 00'03'27" E 30.11' ~ SCALE: 1" 100' POINT Of COMMENCEMENT SW COR NW 1/4 SW 1/4 SEC 4, T5S, R68W 6th PM L. (.) w VJ .... ~ ....... oi - 01 3:: tt1 Ul ... w , ;... 3:: N z ;,, Pw 0 z 0:::; Zl3:: 0 .625 ACRES N 8~'56 H" W J56.67' POINT OF BEGINNING O: ltl .> it' ,,, /:: '-( _, u. N 22'04 26" E / 50.91' N 89'58'56" W 30.00' S LINE NW 1/4 SW 1/4 SEC 4 OXFORD AVE. THIS EXHIBIT OOES NOT REPRESENT A MONUMENTED SURVEY . IT IS INTENDED ONLY TO DEPICT THE DETACHED DESCRIPT ION . ROCKY MOUNTAIN CONSULTANTS, INC. ~ ;;) ... 3:: .... I') io I" 0 0 z "' U) ~ ~ w . ... I') in I" 0 0 VJ JO' 8301 E. Prentice Ave . Suite 101 Englewood, CO BO 1 t 1 (JOJ) 741-6000 FA X (303) 711-6106 JOB NO. 3295 .001 .008 DATE REVI SED --:f --·· --;)-;. ..... f ~1 3 llN1' ITN•T '" VJ "' :) 0 u ''· ..J 0 Cl L) 0 0 3 ,,, .J (~ iJ -x----l<· S D0'25'34" E 33.87' =tmc LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN TIIE NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SE CTION 4, TOWNSIIIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORAD O BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST ONE-QUARTER OF THE S OUTHWEST ONE -QUARTER; THEN CE ALONG TllE WEST LINE OF SAID NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE -QUARTER NORTH 00°03'27" EAST 599 .56 FEET TO TIIE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WEST LINE NORTH 00°03'27" EAST 30.11 FEET; THEN CE SOUTH 84°56'44" EAST 386 .56 FEET; THENCE SOUTH 00°25°34" EAST 464 .69 FEET; THEN CE S OUTH 22°04'26" WEST 50 .91 FEET; THEN CE SOUTH 00°25°34 11 EAST 33 .87 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF A PAR CEL OF LAND DES CRIBED IN BOOK 3816, PAGE 2 9 9, S AID POINT ALS O LYING ON TllE NORTHERLY RIGHT-OF-WAY LINE OF WES T OXF ORD /\VENUE; THEN CE WESTERLY AL ONG SAID LINE SOUTH 89°58'5 6" WEST 30 .00 F EET ; THEN CE DEPARTING SAID LINE NORTH 00°25'34" WEST 39.61 FEET ; THEN CE NORTH 22 °04'26 11 EAST 50 .91 FEET; Tl!EN CE NORTH 00°25 °34 11 WEST 431 .4 7 FEET; THEN CE NORTH 84°56'44" WEST 356 .6 7 FEET TO THE TRUE POINT OF BEGINNING, CONTAININ G 0 .625 ACRE S , MORE OR LE S S . DUWAYNE M. HILLIPS;-PDS ' 93~9 ; •=i .. FOR AND ON BEHAf,,E;~~p sz:::.~ ' . ROC KY MOUNTAIN C ~'ij~~f'TANTS, H{C. / 71 , I\ . .i,~u ·"· .. ···. '> .·/·' DATE: /?'/( fr9/j · ·'t ··~'.H Lh".\~··:t~· ·· .. d((ll\l .• CITY OF ENGLEWOOD MCBRO OM DITCll TEMPORARY EASEMENT -N . OF OXFORD RMC 3295 .001 .008 DEC . 4, 1996 -gjk SCALE: N 00113'27" E 45.17' ~ 1· 100' I I ... u w V1 ~~ .,; - N J!: ID V1 .... w, i--3: ~ z ~ ~ 0 :J zl;i: I g EXHIBIT 'A"j / / / / io .... S 84 6'44• E 406.26' 1.-_~·-.. ·-·------· ··-... 0.672 ACRES N 84' H W 386.56 POINT OF BEGINNING '" l..J -~ n: ,~ I - -~ _, 0 . Ro 3A16 , PG / / / I I / .( \~ s 89'58'56" w POINT OF COMMEN CEMENT _J S LINE NW 1/4 SW COR NW 1/4 SW 1/4 W. OX FORD SEC 4 , TSS, R68W 6lh PM THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY . IT IS INTENDED ONLY TO DEPICT THE DETACHED OESCRIPllON . ROCKY MOUNTAIN CONSULTANTS, INC . 20.00' SW 1/4 SEC 4 AVE. \ / / ! io °' "! ID .., iO ~ w 3: ~ . .... ¥1 I') in f" 0 0 a 0 VJ z I 8301 [. Prentice Ave . Suite 101 Englewoo d . CO 8011 I (303 ) 7 41 -6000 FA X (30 3 ) 741 -6106 JOB NO . 3295.00 I.D OB DATE REVISED / . --Y -.... '"" . f XI!~ 111 ·1(' If 111 ·1 ILi ,., ~ 6 ,, ... -' 0 u () 0 0 ;;: "' -' u z ,,, -*-------;)<' s 22114'26" w 50.91' S 00"25'34" E 30.05' =tmc LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE NORTmlEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 4, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO BEING MORE PARTICUf,ARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER; THENCE ALONG THE WEST LINE OF SAID NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER NORTH 00°03'27 11 EAST 629.67 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SA ID WEST LINE NORTH 00°03'27 11 EAST 45.17 FEET; THENCE SOUTH 84°56 1 44 11 EAST 406 .26 FEET; THENCE SOUTH 00°25'34 11 EAST 511.96 FEET; THENCE SOUTH 22°04'26" WEST 50 .91 FEET; THENCE SOUTH 00°25'34 11 EAST 30.05 FEET TO A POINT ON THE SOUTHERLY BOUNDARY OF A PARCEL OF LAND DESCRIBED IN BOOK 3816, PAGE 299, SAID POINT ALSO LYING ON THE NORTHERLY RIGHT-OF-WAY LINE OF WEST OXFORD AVENUE; TIIENCE WESTERLY AL ONG SAID LINE SOUTH 89°58'56 11 WEST 20.00 FEET; THENCE DEPARTING SAID LINE NORTH 00°25'3 4 11 t•IE:ST 33.87 FEET; TllEN CE NORTH 22°04'26" EAST 50 .9 1 FEET; THEM CE NORTH 00°25'34 11 WEST 464.69 FEET; THENCE NORTH 84°56 1 4 4 11 1-/EST 386.56 FEET TO TllE TRUE POINT OF BEGINNING, CONTAININ G 0.672 ACRES, MORE OR LESS. CITY OF ENGLEWOOD MCBROOM DITCH PERMANENT EASEMEIIT -N . OF OXFORD RMC 3295.001.008 DEC. 4, 1996 -gjk EXHIBIT ,, A,, (iij- ,(J -, 'ii (, . 'o <;' st: ' 6' 6.= 103 '50 '44 "__,.. R=506.62' \L=918.22' \ \ \ \ \ \. \'·· '· NE 1/4 SEC 8 l'l=1 03' 50' 44" R=476.62' L=863.85' POINT OF CO MMEN CE MENT SW COR NW 1/4 SEC 9 TSS, R68W, 6lh PM THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY . IT IS IN fENDED ONL Y TO DEPICT THE DETACHED DES CRIPTI ON. ROCKY MOUNTAIN CONSULTANTS, INC . SCALE: 1" = 200' NW 1/4 SEC 9 W. UNION AVE. \ \ E SHEET 2 OF 3 :imc 830 I E. Prentice A-.. Suite I 0 I Englewo od, CO 80111 (303) 741 -6000 rAX (JOJ) 741-6t06 EXHIBIT 'f1 ,, S 89"58'56" E ~ W. OXFORD AVE. 30 ·10' "'- SCALE: t" 200" SE 1/4 SEC 5 I ·--' ,, I I I Dh ·11 ().j Pr; 2 .)f) fl : 0 <D I') '<t ,.... UJ • lO .~ 0 ~- '<t 0 z lo) 30~ I ·· NW COR NW 1/4 SEC 9 T5S, R68W, 6 lh PM ----------- ..._5 4 I I a 9 I / f . ·1. -I (J. .L I·-· ,,, ll=34 ·55 ' 11" R=1275 .92'~/ L=777 .68'/ /I I // / NE 1/4 SEC 8 THIS EXHI BIT DOES Nor REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPI CT THE DETACHED DESCRIPrlON . ROCl<Y MOUNTAIN CONSULTANTS , INC . -- """ 0 u:i '<t 3: ' lO .f'.J 0 ,'<t '<t 0 VJ SW 1/4 SEC 4 NW 1/4 SEC 9 SHEET 3 OF 3 =tmc BJOI E. Prentice Ave . Suite 101 En gle wood. CO 80111 (J OJ) 7~1 -6 000 FAX {JOJ) 741-6106 RE VISED LEGAL DESCRIPTION A THIRTY (30) FOOT WIDE PARCEL OF 1.AND LOCATED IN THE NW 1/4 OF SECTION 9, NE 1/4 OF SECTION 8, AND THE SW 1/4 OF SECTION 4, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPJ\HOE, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NW 1/4 OF SECTI ON 9; THENCE NORTH 34°05 1 54 11 EAST 620.29 FEET TO A POINT Ofl THE ~IESTER!JY BOUNDARY OF A PJ\RCEL OF LAND DESCRIBED IN BOOK 1425, PJ\GE: 591, KNOWN J\S TllE UNION AVENUE PUMP STATION, SAID POINT B8ING TllE TRUE POillT OF BEGINNING; THENCE ALONG A LillE FTF'l'Y ( 50) FEE:T WESTERLY OF AtlD PJ\RAL1,EL WITll TllE EASTERLY BOUNDARY Or A PAR CE i, OF LAtlD DESClllBEU HI A CORRECTION DEED HECOHDED IH DOOK 4104, PAGE 236, TllE FO i.LOWING SIX (6) COUHSES: 1. 3 3 3 . 04 FEET ALONG THE J\RC Or A CURVE: TO THE LEF"'I' llAVING A CENTRAL ANGLE Or 24°53 1 27 11 ANO]\ RADIUS OF 766 .62 FEET (THE CHORD Or WHICH BEARS NORTH 51°52 1 00" WE:ST 330.43 FEET) TO A POINT OF TANGENT; 2. TllENCE NORTll 64°10 1 13 11 WEST 321.20 FEET TO A POINT OF CURVATUilE ; 3. THENCE 918. 22 FEET AL.Olm THE ARC OF A CURVE TO THE RIGHT HAV ING A CENTRAL ANGLE OF 103°50'14" AND A HADIUS OF 506.62 FEET (THE CHORD OF WHICH BEARS llORTll 12°23 1 21 11 WEST 797 .60 FEET) TO A POINT OF TANGENT; 4. THENCE NORTH 39°32'01" EAST 542.31 FEET TO A POINT OF CURVATURE; 5. THENCE 777. 68 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAi, ANGLE OF 31°55 1 11" AND A RADIUS OF 1275 .92 FEET (THE CHORD OF WllICll BEARS tJORTll 22°08 1 05 11 EAST 765.70 FEET) TO A POINT OF TANGENT; 6. THEN CE NORTH 04 °10 1 26" EAST 1143 . 60 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST OXFORD AVENUE; THENCE 1\I,ONG SJ\ID RIGHT-OF-WAY LINE SOUTH 09°58 1 56" EAST 30.10 FEET; THENCE ALONG A !JINE TWENTY ( 2 0) FEET WESTERLY OF AtlD PARALLEL WITH THE EASTERLY BOUNDARY OF SJ\ID PARCEIJ DESCIHBED IN BOOK 4104, PJ\GE 236, THE FOLLOWING SIX (6) COURSES: 1 . SOUTH 04°40'26" WEST 1146.04 FEET TO A POHIT OF CURVATURE; 2 . THENCE 795 . 94 FEET ALONG THE ARC OF A CURVE TO TllE RIGHT HAVING A CENTRAL ANGLE OF 31°55 1 11" ANO A RADIUS OF 1305.92 FEET (THE CHOIW OF l~llICll BEl\llS SOUTH 22°08 '03" WEST 783.67 FEET) TO A POINT OF TANGENT; 3 . THENCE SOUTH 39°32 1 01" ~IEST 512.31 FEET T O A POINT OF CURVATURE; 4 . THENCE 863 . BS FEET 11.1..0tl G THE ARC OF A CURVE TO THE LEFT llAVING A CENTRAL AN Gl,E OF 103 °5 0 1 44" AND A RADIUS O F 476.62 FEET (TllE CHORD OF l~HICll BEARS SOUTll 12°23 '21 " El\ST 750 .3 '7 FEET) TO A POINT OF TANGENT; 5 . THENCE SOUTH 64°18 1 43" El\ST 321.20 FEET TO A POINT OF CURVATURE; 6 . THENCE 304. 12 FEET l\LONG THE AR C OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 21°52 '25" AND A Rl\DIUS OF 796 .62 FEET (THE CllORD OF WHICll BEARS SOUTH 53°22 1 31" Ell.ST 302.28 FEET); THENCE 11.LOUG THE WESTERLY BOUNDARY OF Sl\ID Pl\RC EL RECORDED IN BOOK 1425, PAGE 591, SOUTH 04°50 1 56 11 Ell.ST 50 .92 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 120,136 SQUARE FEET (OR 2.750 ACRES), MORE OR LESS . BEARINGS ARE BASED ON THE WEST LINE OF THE NW 1/4 OF SECTION 9 BEARING NORTH 00°09 1 49" EAST. CITY OF ENGLEWOOD MCBROOM DITCH 30 1 TEMPORARY EASEMENT RMC 3295.001.00A 11/1/96 -gjk // / "'"' / -....I I / NE 1/4 SEC 8 / / / / EXHIBIT ·· ...... "A,, 6.=2 1 '52 '25 .. R=796.6s' L=304.12 SCALE: 1• 200' NW 1/4 SEC 9 ---· -·-\ \ UNION AVHIUE \ PUMP STATION , 81< 1425 PG 591 S 04'50'56" E ~ 32.14' \\ TRUf: POINT OF BEGl~ING '\_ _____ . _,,,--·-- POINT OF COMMENCEMENT SW COR NW 1/4 SEC 9 T5S, R68W, 6lh PM W. UNION A VE. THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONL '( TO DEPICT TllE DETACllED DESCRIPTION . ROCKY MOUNTAIN CONSULTANTS, INC . 830 I E. Prentic e Ave. Sui lo 10 I Enqlewood . CO 80111 (JOJ) 7 41 -6000 FAX (30J) 741-6106 SHEET 2 OF J =tmc (I \\. EXHIBIT (-l S 89"58'56" E W. OXFORD AVE. 20.07' SCALE: 1" -200' SE 1/4 SEC 5 HI ·: '11 U'i PG 2J G SW 1/4 SEC 4 20·-~- /-'.! NW COR NW 1/4 SEC 9 T5S, R68W, 6lh PM ------------ I I l:l=34 ·55 ' ~ 1f R=1305 .92/ L=795.94' I / I ,/ / NE 1/4 SEC 8 1---r __ j ll. THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE DETACHED DESCRIPTION. ROCKY MOUNTAIN CONSULTANTS, INC. NW 1/4 SEC 9 SHEET 3 OF 3 =tmc 8301 E. Prentice Ave. Suite IOI Englewood , CO 80111 (JOJ) 741-6000 FAX (J03) 741-6106 C:\PROJEClS\329500 l \ENGO I [XI l.DWG JOB NO . 3295 .oo I .OOA REVISED LEGAL DESCRIPTION A TWENTY (20) FOOT WIDE Pl\RCEL OF Ll\ND LOCATED IN THE NW 1/4 OF SECTION 9, NE 1/4 OF SECTION 8, AND TllE SW 1/4 OF SECTION 4, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIP/\L MERIDI/\N, COUNTY OF ARAPAHOE, STATE OF COLORADO BEING MORE PARTI CULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID ml 1/ 4 OF SECTION 9; THENCE NORTH 31°19 1 17" El\ST 660.67 FEET TO A POINT ON THE WESTERLY BOUNDARY OF A PARCEL OF LAND DESCRIBED IN BOOK 1425 , PAGE 591, KNOWN AS THE UNION AVENUE PUMP STATION, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENC E ALONG A LINE TWENTY (20) FEET WESTERLY OF AND PARALLEL WITH THE EASTERLY BOUNDARY OF A PARCEL OF LAND DESCRIBED IN A CORRECTION DEED RECORDED IN BOOK 4104, Pl\GE 23 6, THE FOLLmllNG SIX ( 6) COURSES: 1. 304 .12 FEET ALOHG THE AllC OF A CURVE TO THE LEFT Hl\VING A CENTRAL ANGLE OF 21°52'25" AND A Rl\DIUS OF 796 .62 FEET (THE CHORD OF WHICH BE/\RS NORTH 53°22'30" WEST 302.20 FEET) TO A POIIJT OF TANGENT; 2. THEN CE NORTH 6-1°10'·13" WE ST 321.20 FEET TO 1\ POillT O F CURVATURE; 3. THEN C E 863 . 05 FEET AL O NG TllE /\R C OF A CURVE TO THE RIGHT HAVIN G A CENTRAL 1\NGLE OF 103°50' 44" /\NO A Rl\OillS OF 476 . 62 FEET (THE CHOR[) OF ~lllICH BE/\RS NORTH 12°23'21" \·IEST 750.37 FEET) TO A POINT OF TANGENT; 4. THENCE NORTH 39°32 '01" EAST 542. 34 FEET TO A POillT OF CURV/\TURE; 5. THENCE 795 . 94 FEET /\LONG Tim /\R C O F A CU RVE T O THE LEFT HAVING A CENTRAL ANGLE OF 34°55'11" /\ND A Hl\OIUS OF 1305 .92 FEET (THE CHORD OF WHICH BE/\RS NORTH 22°00'03" EAST 783 .6 7 FEET) 1'0 A POINT OF TANGENT; 6 . THENCE NORTH 04°40'26" EAST 1146 .04 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF-WAY LINE OF ~IEST OX FORD AVENUE; THENCE /\LONG SAID RIGHT -OF-\·IAY LINE SOUTH 09°58'56" EAST 20.07 FEET TO THE NORTHEAST CORNER OF Sl\ID Pl\RCEL DESCRIBED IN BOO K 4104, PAGE 236; THENCE ALONG THE EASTERLY BOUNDARY OF Sl\ID PARCEL DESCRIBED IN BOOK 4104, PAGE 236, THE FOLLmlING SIX (6) COURSES: 1. SOUTH 04°40'26" WEST 1147.67 FEET TO A POINT OF CURVATURE; 2. THENCE 808 . 10 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE O F 34°55'11" AND A RADIUS OF 1325 .92 FEET (THE CHORD OF WHICH BEARS SOUTH 22°00'01" 1msT 795.65 FEET) TO I\ POINT OF Tl\NGENT; 3 . THENCE SOUTH 39°32 '01" WEST 542 .34 FEET TO A POINT OF CURVATURE; 4 . THE!lCE 827. 59 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 103°50'44" J\ND I\ RADIUS OF 456 .62 FEET (TllE CHORD OF WllICH BEARS SOUTH 12°2 3'21 " EAST 710 .00 FEET) TO A POINT OF Tl\MGENT; 5 . THENCE SOUTH 64°18'43" El\ST 321.20 FEET TO A POINT OF CURVATURE; 6 . THEN CE 286. 29 FEET Al.ONG THE J\llC O F l\ CUR VE TO THE RIGHT HAVING A CENTRAL ANGLE OF 20°05'12" AND 1\ RAOIUS O F 816 .62 FEET (TIIE CHORD OF WHICH BEARS S OUTH 54°16 '07" El\ST 2 01 . 83 FEET); THENCE ALONG THE \·IESTERLY BOUNDl\RY OF SAID PAllCEL RECORDED IN BOOK 1425, PAGE 591, SOUTH 04°50'56" EAST 32 .14 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 79,065 SQUARE FEET (OR 1.815 ACRES), MORE OR LESS. BEARINGS ARE BASED ON TllE WEST LINE OF THE NW 1/4 OF SECTION 9 BEARING NORTll 00°09'49" EAST. M. PHII.f';l'p~-;~~ PL·~\~i"E! FOil /IND O N BEll/\(Lll G,P, 9229 ~= o:: § ROCKY MOUNTAIN t;O~S~LTANTS , /l,_~ A~~1/' ,. ·. •• ~:::: /.' / r /, 6-'·. '. '•,-: . • .... ,.. <-~ ~..., DATE : ___ /~ , __ Y_I _~· ...,. _u.....,.4'lt tk"~ •ff-.1,. ' ,, ,,< ·!ilt11111111tl\'.\~ CITY OF ENGLEWOOD MCBROOM DITCH 20' PERMANENT EASEMENT RMC 3295.001.00A 11/1/96 -gjk SPECIAL PERMIT FOR WATER TAPS The City of Englewood, Colorado ("City") hereby grants to South Suburban Park and Recreation District ("South Suburban") a Special Permit for the following three (3), two inch (2") water taps: 1. 2402 West Union Avenue -Account No. 04042024020 2. 2250 West Oxford Avenue -Account No. 04027022506 3. 2301 West Oxford Avenue -Account No. 04027023010 . Subject to the following conditions: 1. These taps are for the sole purpose of irrigating trees planted by the 10 ,000 Trees Project . 2. These are commercial taps and will be subject to standard commercial payment and maintenance policies of the City. 3. The City will open the taps at the beginning of the growing season and close the taps at the end of the season upon the written request by South Suburban unless a different procedure is agreed upon by both parties in writing. 4. This Special Permit is conditioned upon the granting of a pipeline easement from the "State of Colorado for the use and benefit of the Colorado Water Conservation Board" to the City. This easement shall be located along the South Platte River within Colorado Water Conservation Board Property from approximately the City of Englewood Golf Course bridge south to West Union Avenue. This Special Permit shall terminate upon the expiration of t hat easement or any extension thereof. CITY OF ENGLEWOOD Stu Fonda, Director of Utilities SOUTH SUBURBAN PARK AND RECREATION DISTRICT r · . /\_ i. ( /! ~ 1· . Bv: 0euv-c · ( : 'fi.._1 .. ~ ~~ David A. Lorenz, Executive Directo/ -1- . ·; ?~~·~'} ?o 3t:Jx :cs 1r:7 I NS U ~PJnrio :ntergove!'nmenta l h3ic ShJmg Agency (CIRSAJ 950 Sot:~:i C~er:y Street, #800 )e9ver. ~o 80222 TEL: (J03 J 757-5475 FAX: (303) 757-3950 CITY OF ~SGLZ W OOD TiilS cs:!TIFICATE IS ISSUED AS A MATTER OF INFOAMATION ONLY AND CONF"..FlS NO RIGHTS UPON TiiE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND . EXTEND OR ALTER TiiE COVERAGE AFFORDED BY TiiE POLICIES BEL.OW . COMPANY A LETTER COMPANY B LETTER COMPANY c LETTER COMPANY D LETTER COMPANY E LETTER COMPANIES AFFORDING COVERAGE Und erv r iters at G:oyri'• of ~oncic~ THIS IS T O CERTIFY THAT POLIClES OF INSUAANCf LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDI~ TEO . NOTWITHSTANDING ANY REQUIREMENT . TERM OR CONDmCN OF ANY CONTRACT CR OTHER DOCUMENT WITH RESPECT T O WHICH THIS camFICATE )AA Y BE ISSUED OR MAY PERTAIN, TiiE JNSURANCf AFFORDED BY THE POLIClES DESCRIBED HEREJN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS, AND COND I- TIONS OF SUCH POLICIES. T':'PE OF INS U RANCE IA G~EAAL. LIABILITY Fl COMPREr!ENSIVE FOAM ?RE.WS ES:OP:RA TIONS UNOE =GiiOUNO _ :XPLCSiON & COLL\PSE HAZARD H PROOUC7S/CCM PLETED OPERATION S CCNT:'lAC7'JAL ~ iNOE?':?'-lWH CONTRACTO RS aAOAO ::CRM ?ROP:RTY DAMAGE P':~SCNAL :NJUAY I I! AUTOMOBl l...E LJ ABIL.JTY R .INY ~UTO ..\LL ':WNE!J ..\UTOS :PAIV . PASS .) n ~L ' '/NE" 'UTOS (On-I ER iHAN) .....__ -~' " " ?RIV . PASS. I I HIRE;) !UTCS LJ NON-OWNED AUTOS H GARAGE ~!ABILITY I EXCESS LI ABILITY h UMBR ELLA .:ORM ii ornE'i THAN UMBRELLA FO AM I WORKERS' COMPENSATION ANO EMPLOYERS " LI ABILITY PCLI CY NUMBER GB12101 GB1211}1 D ES C~~T1 ~fc~~~"f!~~~L~~~~l~~~~~ITE.\4S ?OUCY EFFECTIVE OA TE 1MWOO/YYl 01/01 /!997 01/01 /1997 As :::c~~:3 ~a e1se~e nt at Union Ave eum p st~tion nor th of golf course old 3e;r Creek ?!ant beginning April 1997. CO ~A7~~ C ~~S~EVATI O N BOARD :S2'. :::::?.~.~ii ST .. 5T~ FLOOR DE1/llE~. ·~~ ~ 0 201 ?Ot.;CY :xPIRA T:CN CA TC iMM/OO/YY1 01 10111903 n/Ol/1998 LIA B ILITY U MrTS IN THOUSANDS EAC'1 CCCUFI P ENC~ I 30DILY I INJUFIY $ Is I PPO PERTY I I DAMAGE $ Is I 81 & PD I I COM BI NED I $ s PERSONAL "''"RY Is I ;c()ILY ·~RY I ·"'=R~;;S(JllJ '$ I 3CC ILY I .'UUAY I , '"'' :.a::os'ITI S l I , ?ROPEnTY I I DAMAGE s I, 81 & PD 11 C8MBINED $ 1 8 1 & PD CO MBI NED $ STAT\JTCFIY $ s s (EACH ACC:DE:'ff, (OI S EASE·~LC"I ~:~.un • -----~ ----------------------. ----------... ' COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY PROPERTY/CASUALTY DESCRIPTION OF COVERAGE * to $150K per person/$600K per occurrence for liability claims subject to Governmental Immunity Act; $1.5iVI claim/occurrence other automobile claims; S5l'Yl claim/occurrence other liability claims. All coverages subject to aggregate and other limits. 00000 SCHEDULE OF EXCESS LL\BILITY CARRIERS 1997 $1,500 ,000: LLOYD'S OF LONDON/NORTHFIELD INSUR.\NCE COl\:IPA~Y POLICY NUi\TBER GB12101 $3,500,000 EXCESS OF $1,000,000 NORTHFIELD POLICY NUlYIBER AE100031 ... ,, Date April 7, 1997 INITIATED BY Utilities Department COUNCIL COMMUNICATION Agenda Item 10 a v Subject Easement on S. Platte River from Colo. Water Conservation Board STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION NIA RECOMMENDED ACTION The Englewood Water and Sewer Board, at their February 11, 1997 meeting, recommended Council approval of the Easement with the Colorado Water Conservation Board for improvements along the South Platte River Channelization Project. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood Utilities Department requested a nonexclusive easement for the purpose of constructing and maintaining a raw water line through the portion of land owned by the Colorado Water Conservation Board as part of the South Platte Channelization Project. The easement shall temporarily be 50 feet wide during the water line installation and will be reduced to a width of 20 feet upon completion. The length of the easement shall be approximately one mile, from Union Ave. to Oxford Ave . In exchan ge, the City will continue its grant of three two-inch water taps for irrigating the 10 ,000 Trees Project for the purpose of irrigating trees or for another irrigation use designated by South Suburban. The guarantee of the stated tap use is evidenced by a certificate issued by the Colorado Water Conservation Board to South Suburban, a copy of which is attached as Exhibit B. If the easement is ever revoked, the rights granted for use of the taps discontinue . The City of Englewood will pay the Colorado Water Conservation Board the sum of $2,250 .00 for said easement. FINANCIAL IMPACT The City of Englewood will pay the Colorado Water Conservation Board $2,250 .00 for said easement for the raw water line crossing. This item is not budgeted . Funds are available in the Water Fund balance. LIST OF ATTACHMENTS Ordinance Easement with Exhibits A & B