HomeMy WebLinkAbout1997 Ordinance No. 059• , 10 b v
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ORDINANCE NO .~
SERIES OF 1997
BY AUTHORITY
COUNCIL BILL NO. 61
INTRODUCED BY COUNCIL
MEMBER VORMITTAG
AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT GREENLEY
ENTERPRISES, INC. (MAACO AUTO PAINTING AND BODYWORK'S) AND
THE CITY OF ENGLEWOOD , COLORADO FOR A 3' WIDE CONCRETE PAN
CROSSING OVER THE CITY OF ENGLEWOOD'S RIGHT-OF-WAY FOR THE
CITY DITCH.
WHEREAS, a request was made by the Greenley Enterprises, Inc. (Maaco Auto
Painting and Body Work's) for a License Agreement to install a 3' wide concrete
pan crossing over the City 's Right-of-Way for the City Ditch; and
WHEREAS, the 3' wide concrete pan is proposed to be installed over the City's
Right-of-Way for the City Ditch located South of C-4 70 and approximately 500 yards
West of South Santa Fe, adjacent to Prince Street Estates; and
WHEREAS, the Englewood Water and Sewer Board reviewed and recommended
approval of the License Agreement at their meeting on June 10, 1997;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Section 1. The "License Agreement " with Greenley Enterprises, Inc. (Maaco Auto
Painting and Body Work's) is hereby accepted and approved by the Englewood City
Council. The Mayor is authorized to execute and the City Clerk to attest and seal the
Agreement for and on behalf of the City of Englewood, Colorado .
Section 2. The License Agreement is attached hereto as "Exhibit l".
Introduced, read in full, and passed on first reading on the 7th day of July, 1997.
Published as a Bill for an Ordinance on the 10th day of July, 1997.
Read by title and passed on final reading on the 21st day of July, 1997.
Published by title as Ordinance No. 5J_, Series of 1997, on the 24th day of July,
1997 .
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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 . Iii}, Series of 1997 .
~d.@r;
Loucrishia A. Ellis
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LICENSE AGREEMENT
THIS AGREEMENT, made and entered into as of the ~ S day of ""!v ue. , 19 91 1 l:>y and between the CITY OF ENGLEWOOD, a 111unicip_a_l ___ _
corporation of Colorado, hereinatter referred to as wcity"
and
L censea, 11
WITNESSETH: Th• City without any warranty of its title
or interest whatsoever, hareby authorizes Licensee, its
successor, assiqns, to install a
tl)c/J, L. ,.J over the
City's rights-of-way for the C ty Ditch, described as a
parcel of land situated in the No'2.lt\£.A§T OvL. G.ufl:rfR-of
Section (o , Township <e Ranqe (oS Wrsr . --o-f,,......,.th~a------le-t:"""jf'=""----
P.M., County o! Arapahoe, state of Colorado and lying within
the following described lines:
'l'h• above-described parcel contains
acres, more or less.
1. 'Any construction contemplated or performed under this
License shall comply with and contorm to standards
formulated by the Director of Utilities of the City and such
construction shall be p•rformed and completed according to
the plans, consisting of one sheet, a copy of which is
attached hereto and mad• a part hereof.
2. The Licensee shall notify the City•s Director at
Utilities at least three (J) days prior to the time of
commencement o! th4 construction of, or any repairs made
Licensee's / ·3
so thit the city may, in its
--~--~---.-~ inspact such operations.
discretion,
3. Wi'thin thirty (30) days trom th• date of tha
commencement of construction ot said
to,
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shall complete such construction, place and maintain
permanent, visible markers, ot a typa and at such locations
as de5ignated by the city's Oiractor ot utilitias, referring
to the centerline of tha installation and shall clear the
crossing area ot all construction debris and restore the
area to its previous condition as near as may be r~asonable.
In the event the placing o! the centerline markers and the
clearing and restoration of the crossing area is not
completed within the time specitied, the city may complete
the work at the sole expense of the Licensee.
4. The City shall have the riqht to maintain, install,
repair, remove or relocate the City Ditch or any other of
its tacililties or installations within the City's rights-
of-way, at any time and in such manner as the City deems
necessary or convenient. The City rasarves the exclusive
right to control all easements and 'nstallations. In the
QVent the 3 ; W 'b'l . ,.J R.CTI.-should interfere
with any future use of t a city's riqhts-of-way by the City,
tha Licensee shall, upon request and at its sole expense,
relocate, rearrange, or remove its installations so as not
to intertere with any such use.
5. Any repair or replacement of any City installation made
necessary, in the opinion ot the City's Director of
Utilities because of the construction ot the
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or other appurtenant lnsta~ion thereof, shall be made at
the sole expense o~ the Licensee.
6. The stipulation and conditions of this License shall be
incorporated into contract specifications if the
construction herein authorized is to be dona a contract
basis.
7. The rights and privileqes granted in this License shall
be subject to prior agreements, licenses and/or grants,
recorded or unrecorded, and it shall be the Licensee's sole
responsibililty to determine the existanca o! said documents
or conflicting uses or installations.
s. The Licen5ee shall contact and fully cooperate with the
City's personnel and the construction shall be complatQd
without intertarence with any law!ul, usual or ordinary flow
ot water throuqh the City Ditch. Licensee shall a$SUlile all
risks incident to the possible presence. o! 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 backtilled and t~ped to th• original ground line
in layers not to exceed six (6) inches loose measure to a
compaction of ninety per cent (90%) StZUldard Proctor Maximum
--· Density.
10. Licensee, by acceptanca of this license, expressly
assumes full and strict liability tor any and all damages of
every nature to person or property caused by water from the
ditch leaking through the ditch banks or pipeline at the
point or points ~here the Licensae par!orills any work in
connection with the crossing provided by this license. The
Licansee assumes all responsibility tor maintenance of the
installation.
11. Licensee shall indemnify and save harmless th• city, its
officers asnd employees, again~t any and all claims ,
damages, actions or causes ot action and expenses to which
it or th~ may be subiected by re~on of said
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beinq within and across the premises ot 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 ot said installation.
12. It is Qxpresaly agreed that in case of Licensee's braach
of any of the within promises, the City may, at its option,
have specific performanc. thereof, or sue for damages
resulting !rom such breach.
13. Upon abandonment of any right or privilege herein
gr~ted, the right of Licensee to that extent shall
terminate, but its obligation to indemnity and save harmless
the City, its officers and employees, shall not terminate in
any event.
In granting the above authorization, th• City reserves the
right to make full usa ot tha property involved as may be
necessary or convenient in the operation of the water works
plant and system undQr the control ot tha City.
IN WITNESS WHEREOF, this instrwaent has been executed
as ot the day and year tirst above written.
APPROVED:
Stewart Fonda
Director ot Utilities
APPROVED AS TO FORM:
CITY OF ENGLEWOOD,
Mayor
EXHIBIT A
3' CONCRETE PAN CROSSING LOCATION
A 3• WIDE CONCRETE PAN LOCATED ON THE NORTH SIDE OF Lar 3A. BLAKELAND
INDUSTRIAL PARK. 2ND AMENDMENT. LOCATED IN SECTION 6_. TOWNSHIP 6 SOUTH.
RANGE 68 WEST OF TIIE 6TH P.M .• CITY OF LITILETON. COUNTY OF DOUGLAS. ST A TE OF
COLORADO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 6; THENCE S 0 I 0 24' 56" W
ALONG THE EAST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 6, 1357.77
FEET TO THE NORTHEAST CORNER OF Lar 3B. BLAKELAND INDUSTRIAL PARK._2ND
AMENDMENT; TIIENCE S 58°48'01" W, 175 .58 FEET ALONG THE NORTII PROPERTY LINE OF
SAID Lar 3B; TIIENCE S 72°55'01" W, 111.00 FEET; THENCE S 85°35'0l"W, 121.00 FEET;
THENCE N 77°02'59" W, 112.40 FEET; THENCE N 68°39'59" W. 85.00 FEET; THENCE
N 60°06'59" W, 81.20 FEET TO THE NORTIIWEST CORNER OF tar 3A mE POINT OF
BEGINNING; TIIENCE N 29°53 'O l" E, 50.00 FEET DEPARTING FROM THE NORHT LINE OF
SAID Lar 3A; THENCE S 60°06'59" E. 14.04 FEET; THENCE S 29°53'01" W, 50.00 FEET TO A
POINT OF INTERSECTION wrrn TIIE NORTII LINE OF SAID tar 3; THENCE N 60°06'59" w
ALONG SAID NORTII LINE . 14 .04 FEET TO THE POINT OF BEGINNING.
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** CAUTIONARY NOTE
CONTRl<CTOR SHl<LL USE EXTREME
Cl<UTION . l<N EXISTING 60°±
PLl<STIC PIPE LIES 12-18" BELOW
EXISTING GRl<OE . IF NECESSARY,
CONTRl<CTOR SH ... LL Hl<NO DIG
/<REI< FOR CONC . PAN INSTl<LLATION .
** ~~@ 0 LJ ll@)l rnal~G
DESIGN! I I 05 I QlO I QlOO rotil SUB -BASIN AB£A (.Q£Y..} moo moo
(ACRES) (CFS) (CFS) (CFS)
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0 .84 2 .8 J .2 5 .5
0.45 1.J 1.6 2.7
(TO REt.IAIN HISTORIC)
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GRADING AN[
DOU GL AS CC
COUNTY ENGINEER
DATE
THESE CONSTRUCTION F
RE...,EWEO BY DOUGLAS
GRADING AND EROSION
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Date
July?, 1997
INITIATED BY
Utilities Department
COUNCIL COMMUNICATION
Agenda Item
10 a ix
Subject
City Ditch License Agreement
with Brian Greenley
STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Board , at their June 10, 1997 meeting, recommended Council approval by
Ordinance of the License Agreement with Brian Greenley of Maaco, Inc., 8085 Blakeland Drive,
Littleton, for crossing the City Ditch with a 3' concrete pan .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
The License Agreement is for Brian Greenley to install a 3' wide concrete pan over the City's right-of-
way for the City Ditch. The concrete pan is to be installed in over the City Ditch and will maintain
proper clearance across the City Ditch pipe, as required by the Utilities Department. The concrete
pan crossing is proposed at a section of the City Ditch located south of C-470 and approximately 500
yards west of Santa Fe , adjacent to Prince Street Estates.
The Licensee exp ressly assumes full and strict liability for any and all damages of every nature to
person or property caused by the point or points where the Licensee performs any work in connection
with the crossing provided by the Licensee. The City reserves the right to make full use of the
property necessary in the operation of the City Ditch. The City retains all rights to operate, maintain ,
install, repair, remove or relocated any of its ' facilities located within the City's right-of-way.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Bill for Ordinance
License Agreement between the City of Englewood and Brian Greenley, for Maaco, Inc.
Communications, Inc.